R E PO R T F'ni 1 PROCEEDIN'GS AND DEBATES IN tl', TO REVISE THE CONSTITUTION O.F TT-:fE STATE OF MICHIGAN 185C0 LANSING: R. W. INGALS, STATE PRINTER. 1850 JOINT RESOLUTIONS Recommending a Revision of the Constitution of the State of Michigan. Whereas, In the opinion of this Iegislature, the time Resolved, That the above recommendation shall be has arrived when a general revision of the constitution submitted to the people at the next general election, and of the State of Michigan is necessary for the well-being those voting in favor of calling a Convention shall have and better government of the inhabitants of the State; written or printed on their ballots, the words " For a and Convention," and those voting against such Convention Whereas, By the second section of article thirteen of shall have written or printed on their ballots the words the said constitution, it is made the duty of the Senate "Against a Convention;" which votes shall be canvassed and House of Representatives in such case, to recom- and returned in the same manner, as near as may be, as mend to the electors, at the next election for members of required in section twenty-five, chapter seven, and secthe Legislature, to vote for or against a Convention to tions twelve and thirteen, of chapter nine of the revised be called lor the purpose of revising said instrument, statutes of eighteen hundred and forty-six; and the Secretherefore tary of State shall report the result to the next Legislature Resolved, by the Senate and House of Representatives thereafter. of the State of Michigan, That we do hereby recommend to the qualified electors of the State of Michigan, at the Resolved, That the Secretary of State shall cause these next general election for members of the Legislature, to resolutions to be published in the State paper for three vote for or against a Convention, to b called for the pu months in succession next previous to the next general pose of making a general revision of the constitution of election for members of the Legislature. ttlis State. Approved March 12, 1819. STATEMENT OF VOTES qIVEN at the General Election held within the State of Michigan on Tuesday the sixth day of November, in the year of our Lord one thousand eight hundred and forty-nine, for and against a Convention to be called for the purpose of making a general revision of the Constitution of this State, recommended by the Legislature thereof for the year 1849, pursuant to section two of article thirteen of the Constitution of this State, by Joint Resolution No. 21, approved March 12th, 1849. four thousand and ninety-five were given against the said COUNTIES. For a Con- Against a Bl'ks. Total. Convention; and three of said votes were blanks. vention. Convention. We certify the foregoing to be a correct statement of the -AlTt -egari - 1,2 i T~ —'- -: ~votes given in the State of Michigan for and against the Bariega, 7482 llu o said Convention, submitted to the people of said State, at Berry, 745 46 7 the said election, holden on the ixth day of November, in Bernen, 824 46 87 the year of our Lord one thousand eight hundred and forranch, 1635 1 7 5n, 810 ty-nine, as appears from the canvass and examination of Calhoun, 2,109 10i 2,216 the statements of votes given in the several counties, reChippea 1002 268 1270 ceived by the Secretary of State from the respective counlClippewann 1 446 ty clerks, duly certified under their hands and seals of ofCint>on, 91 35o59 t44 figrce. In witness whereof we have hereunto set our names Eaton,' 508 283 791 at the office of the Secretary of State, this fifteenth day of Genesee, 860, 2501 1,110 Genesee, December, in the year of our Lord one thousand eight IHillsdale, 1,779 48 1,827 htndred ant forty-nire. HIoughton, Not Returned. Inghlam, 539 361e ue GEO. W. PECK, Secretary of State, lona,3 2539 8361 00 JOHN J. ADAM, Auditor General, JIonia, 2,63 229 2,772 0GEO. B. COOPER, State Treasurer, Jackson, 2,6.53 119 2,772 Boad of State Canvasseri Kalamazoo, 1,019 136 1,155 d of State Canvassers. Kent, 1,179 28 1,207 Lapeer, 422 114 536 — Lenawee, 1,734 98 1,832 State of Mfic/igan, ss: Livinsston, 1,523 142 1,665 Mackinac, 87 1 88 We, the undersigned, having, in pursuance of law, this Macomb, 1,106 126 1,232 fifteenth day of December, A. D. one thousand eight hunMonroe 460 180 640 dred and forty-nine, at the office of the Secretary of State Oakland 2,640 299 2,939 examined and canvassed the statements received by the said Ottawa, 314 17 331 Secretary, of the votes given in the several counties at the Saginaw, 1771 1 178 general election holden on the sixth day of November, A. Shiawassee, 701 113 I 814 D. one thousand eight hundred and forty-nine, for and St. Clair, 91 40 951 against a Convention to be called for the purpose of maSt. Joseph, 1,222 177 1,399 king a general revision of the Constitution of this State, Van Buren, 792 322 824 and made out a correct statement of the whole number of Washtenaw, 3,095j 42 3,137 votes given atsuch election for and against said Convention Wayne, 3,2161 1971 31 3,416 and certified such statement to be correct, and subscribed _ our names thereto; and it appearing from such canvass Total, 33,193 4,095 3 37291 and statement that the greatest number of votes was given in favor of said Convention, do hereby determine that said Convention has been duly called according to the proviThe whole number of votes given at said election for sions of the second section of the thirteenth article of the and against a Convention to be called foi the purpose of Constitution of said State. making a general revision of the Constitution of said State GEO. W. PECK, Secretary of State, of Michigan, was thirty-seven thousand two hundred and JOHN J. ADAM, Auditor General, ninety-one; of which votes. thirty-three thousand one hun- GEO. B. COOPER, State Treasurer. 4cieJ and ninety-tlree were given for the said Convention; Board of State Canvassers. AN ACTI To provide for the time, place and manner of holding the Convention to Revise the Constitution, and for the election of Delegates thereto. SECTION 1. Be it enacted by the Senate and House of districts in the same manner and in the same space oftime Representatives of the State of Michigan, That an elec- after said election is held as is now provided for by law in Lion for delegates to the Convention to revise the constitu- the appointment of county and district canvassers, and ti on of the State of Michigan, shall be held on the first the meeting and canvassing of votes for Rempesentatives; Monday of May, in the year of our Lord one thousand and certificates of election shall be given to the persons'eight hundred and fifty. The township board of elections entitled thereto by the same officer and in the same manin the several townships, and the inspectors of elections ner as Pepresent:tives now receive the same; and the in the different wards and cities of this State, shall, upon county clerks of their respective counties and districts the day above mentioned, open the polls of their respec- shall, within five days after such tanvass, transmit to thl tive townships, wards or cities, in the manner prescribed Secretary of State certified copies under their hands and by law for the election of Representatives to the State seals of office, of such canvass in their respective counties,egislature,'at the same place at which the polls may be and districts; and in case of contested elections to the opened for the election of township, ward and city officers Convention, the Convention shall have the same power td at the next spring election, and shall receive the votes of judge of the qualifications, return and election of its deleall electors who are qualified by law to elect Representa- gates as the Legislature of this State now have. tives to the State Legislature. The electors shall be enti. Soc. 5. The delegates chosen shall meet in Convention tled to vote Ior as many persons as shall be entitled to a at the capitol in Lansing, on the first Monday'of June, seat in said Convention from their several counties or one thousand eight hundred and fifty. They shall be districts by the provisions of this act, which votes shall j udges of their own privileges and elections, and the delebe taken in the same manner as is now provided by law gates thereof shall have the same privileges to which in elections for Representatives to the State Legislature. Representatives to the State Legislature are entitled, and SEc, 2. The Secretary of State is hereby required to shall by ballot appoint one of their number president, and publish the notice of this election, and send copies thereof may appoint one or more secretaries, a sergeant-at-arms, to' the sheriffs of the different counties and districts in this one or more reporters, and such messengers as their conState, which said copies shall be sent to said sheriffs at venience shall require; and such delegates of the Convenleast three weeks before the day appointed for holding lion shallbe entitled to the same mileage For travel, and said election. Said notice shall contain the niumber of the same per diem alltowance as is now paid to members delegates and their apportionment to each county and of the Legislature; and the president, secretaries, repordistrict, and the Secretary of State shall cause said notice ters, sergeant-at-arms, door-keepers and messengers shall to be published in the State paper and in a paper publish- receive such compensation as the Convention shall sea fit ed in each of the counties in this State, (where a paper is to allow. The amount due each person shall be certified published,) three weeks in succession, previous to the day to by the principal secretary of the Convention, and of holding the election. The copies of said notice to be countersigned by the presidents and the Treasurer of the delivered to the sheriffs, as aforesaid, shall contain the State shall pay the certificates so certified tO and counternumber of delegates to which the counties or districts signed, out of any moneys in the treasury hSt Otherwise to which such sheriffs belong, are respectively entitled; appropriated; and the said Convention may furnish for its'and the said sheriffs shall, immediately on the receipt of own use such stationery as it may require, as is usual for said notice, transmit a copy of the substance thereof to legislative bodies, and the amount due therefor shall be each of the township clerks in their respective counties or certified to and paid for in the same manner as the dele~ districts; and the township clerks shall, at least one gates and officers are paid. Audit shall be the dty of the week prior to the day appointed for said election, post up Secretary of State to attend said Convention at the opencopies of such notice in three of the mostpublic places ing thereof; and he arl all public officers shall Iurnish ins their respective townships. such Convention with all such papers, statements, books Sec.'3. The number of delegates in such Convention or other public documents in their possession, as the said shall be one hundred, to be apportioned amiong the several Convention shall order or require. And the State printer counties and representative districts in this State as. fol shall perform the printing required to be done. by said lows, viz: the county of Allegan, one; Barry, one; Berri- Convention, at such titnes and in such manner as they en, three; Branch, three; Calhoun, five; Cass, three; shall direct, and said printer shall receive the same conChippewa and the counties attached thereto for represen- pensation and in'the same manner as now provided by tative purposes, one; Clinton and the counties attached law for compensation and payment for legislative printthereto for judicial purposes, one; Eaton, two; Genesee, ing; and in case the said printer shallrefuse or neglect to three; Hillsdale, four; Ingham, two; Ionia ant the coun- perform the duties aforesaid, the said Convention may ties attached thereto for judicial or that may be attached appoint a printer to perform said duites, who shall ieobr representative purposes, two; Jackson, five; Kalana- ceive the same compensation and in the sa-me manner as zoo, three; Kent and Ottawa and the counties attached is now provided by law for legislative printing. to Kent and Ottawa for judicial purposes, three; La- SEc. 6. The proceedings of the said Convention shall peer, -two; Lenawee, seven; Livingston, four; Macki- be filed in the office of the Secretary of State, and the renac one; Macomb, four; Monroe, four; Oakland, nine; vision of the Constitution agreed to by said Convention Sagmawv and the counties attached thereto for judicial shall be recorded in his office. The said revision shall be purposes, one; Shiawassee, one; St. Clair and the coun- submitted by the Convention to the people, Ior their adopties attached thereto for representative and judicial pur- tion or rejection, at such time and in such manner as the pose's, three; St. Joseph, three; Van Buren, one; Washte. Convention may prescribe. tiaw, eight; Wayne, ten. Src. 7. All willful and corrupt false swearing in taking Sac. 4. The several township. boards of election, and any of the oaths prescribed by this act, or by the laws of the inspetobrs of election of the differint Wards and cities, this'State made applicable to this act, or any other mode or shall canvass and return the votes given at said election in form in carrying into effect this act, shall be deened perthe same manner as is now provided by law for the can. jury, and shall be punished in the manner now prescribed vass and return of votes given at the election of Repre- by law for willful and corrupt perjury. sentatives; and the county and district boards of canvass- Sec. 8. This act shall take effect and be in force from ere shall be appointed in the same manner, and shall meet and after its passage. and canvass the votes,in their respective counties and Approved March 9, 1850. MEMBERS AND OFFICERS OF THE CONVENTION TO REVISE THE CONSTITUTION, 1850. iHON. DANIEL GOODWIN, PRESIDENT. NAMESo COUNTY. POST OFFICE. AGE. CONDITION IN LIFE. NATIVITY. PhOFESSION. Adams, P. R., Lenawee, Tecumseh, Married, Peninsylvania, Farmer. Adams, Wales, Branch, Brnnson, 4 Widower, Massachusetts, Farmer. Alvord, H.J., Wayne, Trenton, 39 Married, Massachusetts, Physician Anderson, R, H., Jackson, Rives, 39 do Ireland, Farmer. Arzeno, A. M., Monroe, Newport, 41 do New-York, Farmer. Axford, W., Oakland, Clarkston, 36 do Upper Canada, Merchant. Backus, H. T., Wayne, Detroit, 35 do Connecticut, Lawyer. Bagg, J. H., Wayne, Detroit, 51 do Massachusetts Miscellaneous, Barnard, Eli, Livingston, Ios ell, 42 do New-York, Farmer. Bartow, H., Ionia, Maple, 43 Widower. New-York, Farmer. Bartow, John, Genesee, Flint, 37 Married, New-York, Lawyer. Beardsley, C. E, Eaton., Bellevue, 44 do New Bruns vlck, Lawyer. Beeson, Jacob, BeTrieln, Niles, 42 do Pennsylvania, Merchant. Britain, Calvin, Berrien, St. Joseph, 50 iingle, New-York,' Farmer. Brown, Alvarado, Branch, Quincy, 41 Married, New-York, Farmer. Brown, Ammon, Wayie, Nankin. 53 do New-Yo rk Farmer. Brown, Asahel, Branch, Algansee, 47 do New-Jbrsey, Farmer. Burns, J. D., Eaton, Charlotte, 36 do Oh i o, Merchant. Busi, C. P., Ingham, Lans ng, 42 do New York, Farmer. Butterfield, J. L., Jackson, Brooklyn, 35 do New-York, Miller. Carr, W. S., Washtenaw, Manchester, 42 do New-V ork, Farmer. Chandler, C., Lenawee, Clinton, 44 do New-Yorkl, Farmer. Chapel, C. W., Macomb, Utica, 34 do New-York, Miller. thoate, Emerson, Monroe, Monroe, 42 do North Carolina, Farmer. Church, Thos. B., Kent, Grand Rapids 33. do MIassachusetts, Lawyer.Clark, J., St. Clair, China, do Maine, Farmer. Clark, Samuel, Kalamazoo, Kalamazoo, 50 do New-York, Farmer. Comstock, A. J., Lenawee, Adrian, 47 do New-York, Fasmer. Conner, W. O., St. Joseph, Cc.ntreville, 47 do N-. Hampsh:ire, Farmer. Cook, John P., Hillsdalc, -illsdale, 38 de New-York, F'armer. Cornell.,.J. G., Jackson, Spr'lng Arbor, 59 do New-York, Physician. Orary., Isaac E., Calhoun, Marshall, 45 do Connecticut, Lawyer. Crouse, Robert, Livingston, Hartland, 37 do New-York, Mercliant. Danforth, E B., Ingharn, Lansing, 43 do lMlassachusetts, Farmer, &c. Daniels, Ebenezer, Lenawee, Medina, 47 do New-York, Merchant, &c. Desnoyers, Petr, Wayne, Detroit, 50 do Michigan, Farmer. Dimond, R. B.,' t. Clair, Lexington, 49 doLower Canada, Famer. Eastman, Timothy, Ottawa, Polkton, 152 d1 New Hampshire, Physician. Eaton, E.., Wayne, Bellville, 46 do New-York, Farmer. Edmnunds, J. M., Washtenawv, Ypsilanti., 39 do New-York, Miller. Fralick, Henry, Wavite, Plymouth:, 38 do New York. Merchant. Gale, Elbridge G., Genesee, Davisonville, 39 do Massachusetts, Farner.'ardiner, E. P., Washtenaw, Ann Arbor, 51 do Connecticut, Printer. Gibson, John, Wayne, Detroit, 41 do New York, Mechanic. Goodwitn. Daniel, Wayne, Detroit, 50 do New-York, Lawyer. Graham, J., Hillsdale, Jonesville,, 39 do tonnecticut, Farmer. Green, Nelson, Lenawee, Jackson Mills. 47 do New-York, Farmer. KHanscom, A. IH., Oakland, Pontiac, 132 Ido Maine, Lawyer. lart, N. H., Lapeer, 1,apeer, 36 do lConnecticut, law'yer. Harvey, G. C.. Lenawee, Palmyra, 43 do iMassachusetts, Fanrer. Hascall, Volney, Kalamazoo, Kalamtazoo, 30 do New-York, Printer. Hathaway, H., Macomb, Armada, 51 do New-York, Farmer. liixon, Daniel, Washtenaw, Clinton, 47 dO) New-York, Farmer. Klingsley, James, Washtenaw, Ann Arbor, 50 do Connecticut, Lawyer..inne, Daniel, Hillsdale, Reading, 36 do Vermont, Farmer. Leach, Dewitt C., Genesee. MIundv, 27 do New-York, Teacher. Lee, Daniel S., Livingston, Brighion, 4o 1 Io New-York., Merchant, o.* vi MEMBERS AND OFFICERS-CoNTINUE.D. NAMES. COUNTY. POST OFFICE. AGE. CONDITION I LIFE. NATIVITY, PROFESSION. Lovell, Cyrus, Ionia, Lonia, 45 Mlarried, Vermont; Lawyer. Marvin, H. B., Monroe, Monroe, 34 do New-York, Farmer Mason, Lorenzo M., St. Clair, Port Huron, 40 do Vermont, Lawyer. McClelland, R., Monroe,.ionro, 42 do Pennsylvania, Lawyer. McLeod, Win. N., Mackinac, Mackinac, 33 Single, New-York, Lawver. Mloore, 1E. S., St. Joseph, Th. ee Rivers, 45 Married, New-Jersey, Merchant. Morrison, W. V., Calhoun, Albion, 33 do New-York, Merchant, Mosher, John, Hillsdale, d merset, 60 do New-York, Physician. Mowry, Z. M., Oakland, Milford, 45 do Massachusetts, Physician. Newberry, Seneca, Oakland, Rochester4 47 Wi dower, Connecticut, Farmer. O'Brien, Morgan, Washtenaw, Ann Arbor, Married, reland, Farmer. Orr, J. W. T., Barry, Hastings, 34 do New-York, Farmer. Pierce, J. D., Calhoan, Ceresco, 53 do New Hampshire, Clergyman. Pierce, Nathan, Calhoun, Marengo, 59 do Massachusetts, Farmer. Prevost, F. J., Shiawassee, Byron, 36 do New-York, Merchant, Raynale, E., Oakland, Birmingham, 45 do Vermont, Physician. Redfield, George, Cass, Adainsville, 52 Widower, Connecticut, Farmer. Roberts, E. J., Houghton, Eagle River, 52 Marriedj New-York, Printer, Robinson, E. S., Jackson, Grass Lake, 49 do New-York, Farmer. Robertson, A S., Macomnb, Mt. Clemens, 27 do England, Lawyer. Robinson, Rix, Kent, Ada, 58 do Massachusetts, Farmer, Robinson, M., Cass, Summerville, 53 do Virginia, Farmer. Skinner, E. M., Washtenaw, Ypsilanti, 51 do Connecticut. Lawyer. Storey, Wilbur F., Jackson, Jackson, 30 do Vermont, Merchant. Sturgis, D., Clinton, Dewitt, 42 do Upper Canada, Miller. Soule, Milo, Calhoun, Marengo, 45 do New-York, Farmer. Sullivan, James, Cass, Cassopolis. 38 do New Hampshire, ILawyer. Sutherland, J. G., Saginaw, Saginaw City4l24 do New-York, Lawyer. Tiffany, A., Lenawee, Adrian, 53 do Upper Canada Lawyer. Town, Oka, Allegan, Otsego, 43 do New Hampshire, Farmer. Van Valkenburgh, J., Oakland, White Lake. 54 do New-York, Farmer. Wait, B. W., Washtenaw, Scio, 38 do New-York, Farmer. Walker, D. C., MVacomb, Romeo, 38 do Vermont, Lawyer. Warden, Robert, Livingston, Green Oak, 35 do Scotland, Farmer. Webster, James, Oakland, Groveland, 40 do Connecticut, Farmer. Wells, H. G., Kalarazoo,.Schoolcraft, 39 do Ohio, ounty Judge, White, J. R., Lapeer, Lapeer, 43 do Massachusetts, Lawyer. Whipple, C. W., Berrien, Niles, 42 Widoer, New-York, Lawyer. Whittemore, G. 0., Oakland, Pontiac, 50 Married, Vermont, Farmer. Williams, Joseph R., St. Joseph, Constantine, 41 do Massachusetts, Miller. Willard, Isaac W., Van Buren, I'aw Paw, 46 Single, Massachusetts, Farmer. Witherell, B. F. H., Wayne, I)etroit, 47 Married Vermont, Lawyer, Woodman, Elias, Oakland, Novi, 33 do New-York, Farmer, SECRETARIEs-John Swegles, Jr., H. S. Roberts, Chas. Hascall. REPORTERS -C. J. Fox, Joseph Coates, William Coates, Martin Mahon. SERGEANT-AT-ARMs —lDavid H ubbard, Jr. DOORKEEPER-E. C. Merrifield. MEssENGoEts —Moses H!. Goodrich, Daniel Bloss, William C. Stockton, Charles E. Toan. STANDING COMMITTrEES OF THE CONVENTION. On1 Supplies and Expenditures-Messrl. Ilanscom, 0n the Militia-Messrs. Hanscoln, Arzeno, Dimnond, banforth, Beeson, Chapel and Eaton. O'Brien, White, Anderson and Daniels. On Printing-Messrs. Gardirier, Britain, Roberts, Bush On Education-Messrs. Walker, Van Valkenburgh,:and Hascall. Butterfield, Eastman, Desnoyers, J. D. PierCe, Barnard, On Bill of Rights —Messrs. S. Clark, Rix Robinson, Williams and Edmunds. E'ardiner, Gibson, Webster, P. R. Adams and Prevost. On Finance and Taxation-Messrs. Britain i, Bus, Fra Os the Division of the Povers of Gsovernment-Messrs. lick, Axford, Morrison, Burns, Choate, Wells and ChanC. Clark, Newberry, Hart, Barnard and Asahel Brown. dler. On Baunking and other Corpordlions, ehcept Municipal On ImpeachmenJ t Clk d W RenmoAalsf odtei Ofice-Messrs. -Messrs. Cook, Raynale, Hascall, Danlorth, Gardiner, Sullivan, J. Clark, W. Ada Crouse, Boore, Witdsley andoore, White ad Costock. and P. B.. Ad- Crouse, Moore, White and Coinstock. On th Ettv Frnhse-eass. W to Al. ~,. On t Salaries —Messrs. Storey, Van Valkenburgh, MaOn the Elective Franchise —Messrs. Whittemore, Al- son, Desnoyers, Eastman, Morrison and Williams. vord, Hascall, Lovell and Wait. ard, Bascall, Lovell and Wait. On the Seat of Government-Messrs. Kingsley, Axford, On the Executive Departnent- Messrs Whipple, Skin- Danforth Storey and Willard. ner,.Mowry, Eat'on, M. Robinson, Anderson, Sutherland, a. N. Pierce and Daniels. OnA Ex.emptions and the Rights of 3Married WomenMessrs. J. D. Pierce, Newberry, Lee, Chapel, Fralick, H. On the Schedule-Messrs. Mason, Hart, Robertson, Bartow and Tiffany. Moore, Alvord, Wells and Backus. Moore, Alvord, Wells and Backus. On the Punishment of Crines-lMessrs. Witherell, On the Legislative ) epartmnent- Messrs. McClelland, Sturgis, M. Robinson, Woodman, Warden, Kinne and ProE. S. Robinson, Beeson, Bagg, Soule, Gale, Crouise, Al- vost. varado Brown and Chandler. On Miscellaneous Provisions-Messrs. Church, WhitOn the Jdicial Department-Messrs. Crary, S. Clark, temore, Sutherland, Alvarado Brown, Marvin, Dimond Church, Hanscom, Sullivan, Walker, Kingsley, Tiffany. an Carr. Backus, Butterfield, Hixon, Comstock, Cook, Asahel On the Mode of Amending and Revising the ConstiBrown, Hathaway, Mowry, Lee, Town and Bagg. tution-Messrs. McLeod, Mosher, Webster, Gibson and Harvey. On County Officers and Cousty Gover nmenst-Messrs. Osz the Aossz gesnesst asd Phraseology of the ConstitoPRix Robinson, Cornmell, ABilon Brown, Conner, Hixon, tiiot-Messrs. Crary, McClelland,Whipple, S. Clark, GarGreen and Wait. diner, Walker, Redfield, Britain, Wells. Tiffany and WilOn Township Oficers and Townshtp Government- liams. Messrs. Bush, Eaton, Chapel, Town, Beeson, Harvey On the Govesrnment and Judicial Policy of the Upper and Leach. Peninsula-Messrs. Roberts, McLeod, Cornell, Willard, On the Organization of the Goversanment of Cities and Hanscom, Edmunds, Gale, Robertson and Graham. Villages-Meosrs. J. Bartow, Skinner, Marvin, Witherell On State Officers. Except the Execstive-Mjessr. Red, and Raynale field, Roberts, Mosher, Orr and Carr. RULES OF THE CONVENTION. RULE 1. The President shall take the chair at the time peal, no member shall speak more than once. without to whlich the Convention stands adjourned, and the Con- leave of the Convention; and when a member is called to ven'ion shall then be called to order and the roll of the order for offensive language, there shall be no debate. members called. RULE 20. In forming a committee of the whole, the PeRULE 2. Upon the appearance of a quorum, the journal sident shall appoint a chairman to preside. of the preceding day shall be corrected, and when de. RULE 21. Propositions committed to a committee of the manded by a majority, shall be read by the Secretary. whole, shall first be read through by the Secretary, and RULE 3. The President shall preserve order and deco- then read and debated by clauses. All amendments shall rum, and shall decide questions of order, subject to an be entered on a separate piece of paper, and so reported to appeal to the Convention. the Convention by the chairman, standing in his place. RULE 4. The President shall vote on all questions taken Rur,E 22. All questions, whether in committee or in the by yeas and nays, (except on appeals from his own deci- Convention, shall be put in the order they were move n.. *. i o0llrnals, with tle yeas and nays taken of the funds which may be appropriated o t tl ny to the fse obhiectsh my be apthereon, and referred to the Legislature to. o th neysal be n tl hen next to be chosen; and shall be pub4. No niony shall be drawnr from the lisled for three months previous to the treasury but in consequence of aDpropria- led o te olhs pr t he tions made by law; and an accurate state te ofmaking such choice; and if in the ment of the receipts and expendures of Legislature next chosen as aforesaid, such ment of the receipts and expendturles of t the public money shall be attached to and L roposed [amedment or] amenlments'shall be a(reed to bv tg,,o-tb,-rds of all the published with the laws annually. shallbe eed to two-thirds of all the p-hlid'h,u It, I nmembermbs elected to each house, then it 5. Divorces shall not be granted by the shall be the duty of the Legislature to Legislature; but the Legislature may an- submait suoh proposed amendment or thorize the higher courts to grant them, amendments to tie people, in such manner under such restrictiome as they dee ad a h tie s e Legislature shall expedient. prescribe; and if the people shall approve 6. No lottery shall be authorized by this and ratify such amrendmentor amendments State, nor shall the sale of lottery tickets by a majority of the electors qualified to be allowed..vote for members of the Legislature voting?. No county now organized by law thereon, sich amendment or amendments shall ever be reduced, by the organization shall become part of the constitution. of new counties, to less than four hundred 2. And if at any time two-thirds of the square miles. Senate and House of Representatives shall 8. The Governor, Secretary of State, think it necessary to revise or change this Treasurer and Auditor General, shall keep entire constitution, they snall recommend their offices at the seat of Government. to the electors at the next election for mem9. The seat of government for this State bers of the Legislature, to vote for or shall be at Detroit, or at such other place against a Convention; and if it shall ap or places as may be ptescribed by law, pear that a majority of the electors voting until the year eighteen hundred and forty- at suh election have voed in favor of callseven, when it shall be permanently loa- ing a Convention, the Legislature shall at ted by the Legislature. its next session provide by law for calling -, ~_ -iv a Convention, to be holden witbmi sIS 10. The first Governor a;d Lieutenant a Convention, to be holden wsitin l si...odter..e nih months a-et& the passage of such law; and Governor sha1l hod their o-fces untile h Convention shall consist of a number first Monday of January, eighteen hun- of members not less than that o both dred and thirty-eight, and until others shall be elected and qualified; and there- o. after they shall hold their offices for two SCHEDULE. years, and until their successors shall be 1. That no inconvenience may ansoe elected and qualified. rom a chance of the territorial govern11. W ahea a vacancy shall happen, oo ment to a permanent State government, it'6asioned by the death, resignation or rerno is dclaared that allt writs, actions, prosectu val from office of any person holdino oft tions, contracts, clainms and rights of indiflee under this State, the successor thereto viduals and of bodies corporate, shall conshall hold his office for the period which tinue as if no change had taken place in his predecessor had to serve, and no long- this government; and all process which Vr, unless again chosen or re-appointed, may, before the organization of the judi xix cial department under this constitution, be this constitution: Provided, however, That issued under the authority of the territory the returns of the several townships in the of. Michigan, shall be as valid as if issued district composed of the unorganized in the name of the State. counties of Ottawa, lonia, Kent and Clin. 2. All laws now in force in the territory ton, shall be made to the clerk of the townof Michigan, which are not repugnant to ship of Kent, in said district, and the said this constitution, shall remain in force un- township clerk shall perform the same dutil they expire by their own limitations, or ties as by the existing laws of the territobe altered or repealed by the Legislature. ry, devolve.upon the clerks of the several 3. All fines, penalties, forfeitures and counties in similar cases. escheats, accruing to the territory of Mich- 7. The first meeting of the Legislature igan, shall accrue to the use of the State. shall be at the city of Detroit, on the first - 4. All recognizances heretofore taken, Monday in November next, with power to or which may be taken before the organi- adjourn to any other place. zation of the judicial department under 8. All county and township officers shall this constitution, shall remain valid, and continue to hold their respective offices, shall pass over to, and may be prosecuted unless removed by the competent authoriin the name of the State. And all bonds ty, or until the Legislature shall, in conexecuted to the Governor of this territory, formity to the provisions of this constitu? or to any other officer in his oficial capaci- tion, provide for the holding of elections ty, shall pass over to the Governor or oth- to fil such offices respectively. er proper State authority, and to their sue- 9.' This constitution shall be submitted cessors in office, for the uses therein re- at the election to be held on the first Monspectively expressed, and may be sued for day in October next and on the succeedand recovered accordingly. All criminal ing day, for ratification or rejection, to the prosecutions and penal actions, which have electors qualified by this constitution to arisen or which may arise before the organ- vote at all elections; and if the same be ization of the judicial department under ratified by the said electors, the same shall this constitution, and which shall then be become the constitution of the State of depending, may be prosecuted to judgment Michigan. At the election aforesaid, on and execution in the name of the State. such of the ballots as are for the said con5. All officers, civil and military, now stitution, shall be written or printed the holding their offices and appointments in word "yes," and on those which are against this territory under the authority of the the ratification of said constitution, the United States, or under the authority ef word "no." And the returns of the votes this territory, shall continue to hold and on the question of ratification [or rejection] exercise their respective offices and ap- of said constitution, shall be made to the pointments until superseded under this con- President of this Convention at any time stitution. before the first Monday in November next, 6. The first election for Governor, Lieu- and a digest of the same communicated tenant Governor, members of the State by him to the Senate and House of RepLegislature, and a Representative in the resentatives on that day. Congress of the United States, shall be 10. And if this constitution shall be raheld on the first Monday in October next, tined by the people of Michigan, the Preo and on the succeeding day. And the Pres- sident of this Convention shall, immediident of the Convention shall issue writs ately after the same shall be ascertained, to the sheriffs of the several counties or cause a fair copy thereof, together with an districts, or, in case of vacancy, to the cor- authenticated copy of the act of the Legisoners, requiring them to cause such ele- lative Council, entitled "Ani act to enable tion to be held on the days aforesaid, the people of Michigan to form a constituin their respective counties or districts. tion and State government," approved The electionshall be conducted in the man- January twenty-sixth, eighteen hundred ner prescribed, and by the township officers and thirty-five, providing for the calling *designated as inspectors of election, and of this Convention, and also a copy of so the returns made as required by the much of the last census of this territory.xisting laws of the territy, or by the as exhibits the number of free inhabit-anu xx of that part thereof which is comprised counties of Monroe and Lenawee shall within the limits in said constitution defined compose the second district, and elect three as the boundaries of the proposed State of Senators; the counties of Hillsdale, Michigan, to be forwarded to the President Branch, St. Joseph, Cass, Berrien, Kalaof the United States, together with an ex- mazoo and Calhoun shall compose the pression of the decided opinion of this third district, and elect three Senators; the Convention, that the number of the free counties of Washtenaw and Jackson shall inhabitants of said proposed State now ex- compose the fourth district, and elect three ceeds the number requisite to constitute Senators; and the counties of Oakland, Latwo congressional districts, and the respect- peer, Saginaw, Macomb, St. Clair,.Michiliful request of this Conventinn, in behalf mackinac and Chippewa shall compose the of the people of Michigan, that all said fifth district, and elect four Senators. matters may be by him laid before the Any country attached to any county for the Congress of the United States at their judicial purposes, if not otherwise reprenext session. sented, shall be considered as forming 11. In case of the failure of the Presi- part of such county, so far as regards elecdent of this Convention to perform the du- tions for the purpose of representation in ties prescribed by this constitution, by rea- the Legislature. son of his absence, death, or from any other JOHN BIDDLE, President. cause, said duties shall be performed by the Secretaries of this Convention. AME M T 12. Until the first enumeration shall be AMNDM made as - directed by this constitution, the The following amendment to the concounty of Wayne shall be entitled to eight stitution was proposed by the Legislature Representatives; the county of Monroe to in 1838, referred to the Legislature of four Representatives; the county of Wash- 1839, agreed to in 1839 by two-thirds of tenaw to seven Representatives; thhecoun- allthe members elected to each house, ty of St. Clair to one Representative; the submitted to the people and approved and county of St. Joseph to two Representa- ratified at an election held in November, tives; the county of Berrien to oneRepre- 1839:] sentative; the county of Calhoun to one AMENDMENT NO. I. Representative; the county of Jackson to That so much of the first section of the one Representative; the county of Cass to second article of the Constitution as pretwo Representatives; the county of Oak- scribes the place in which an elector may land to six Representatives; the county of vote, and which is in these words, to wit: Macomb to three Representatives; the district, county or township," be abolishcounty of Lenawee to four Representa- ed, and that the following be substituted tives; the county of Kalamazoo and the in the place thereof, to wit: "township or unorganized counties of Allegan and Bar- ward." ry to two Representatives; the county of Branch to one Representative; the county [e of Hillsdale to one Representative; the, The followin, amendment was-pro county of Lapeer to one Representative; posed 1842, and referred to the next Le the county of Saginaw and the unorgan- gislature, submitted to the people by a ized counties of Genesee andShiawassee joint resolution, approved March 9, 1843, to one Representative; the county of Mich- and approved and ratifed at the election in ilimackinac to one Representative; the November, 1843: county.of Chippewa to one Representa-AMENDMENT NO. I. tive; and the unorganized counties of Ot- That the constitution of this State be so ~tawa, Kent, lonia and Clinton, to one Rep- amended, that every law authorizing the resentative. borrowing of money or the issuing of State And for the election of Senators, the stocks, whereby a debt shall be created on State shall be divided into five districts; the credit of the State, shall specify the and the apportionment shall be as follows: object for which the money shall be approThe county of Wayne shall comprise the priated; and that every such law shall em'first district, and elect three Senators; the brace no more than one such object, which xxi shall be simply and specifically stated; and any fees of office or other compensation that no such law shall take effect until it than their salaries, for any civil duties pershall be submitted to the people at the formed by them." next general election, and be approved by a majority of the votes cast for and against it at such election; that all money to be NOTE.-Amendment No. 2, does not apraised by the authority of such law be ap- pear to have been agreed to by the Legisplied to the specific object stated in such lature of 1843, as the constitution requires. law, and to no other purpose, except the All that appears in the published laws of payment of such debt thereby created. that year in reference to it, is Joint ResoluThis provision shall not extend or apply tion No. 22, which provides that it be subto any law to raise money for defraying r mitted to the people at the then next genthe actual expenses of the Legislature, the eral election; but makes no provision for judicial and State officers, for suppressing the return or canvass of the votes. The insurrection, repelling invasion or defend- votes, however, were returned, and caning the State in time of war. [See note.] vassed by the board of State canvassers, and the result thus ascertained to be in fa[The following amendment was proposed vor of the amendment. in 1843, referred to the next Legislature, It appears from the journal of the house agreed to in 1844 by two-thirds of all the Representative for 1843, that on the members elected to each house, submitted 16th of February, the joint resolution of to the people, and ratified and approved at the previous Legislature, proposing this the election inNovember, 1844:] amendment, was called up, and the I-ouse refused to agree-yeas 34, nays 15; which AMENDMENT NO. IIn. Sr fAMENDMENT fO. Iu. o atvote was, on the same day, reconsidered, Strike out of section four of article four, (House Journal, p. 301, 303.) On the 9th the words "on the first Monday in No- of March, "the joint resolution amending vember and on the following clay," and in- the constitution was considered, the rules sert the words " On the first Tuesday," so suspended, and the same adopted," (House thatsaid section will read: Journal, p. 350,) but the yeas and nays The Representatives shall be chosen an- were not entered upon the journal. nually on the first Tuesday of November, On the same day, the "joint resolution by the electors of the several counties or in relation to the amendment of the condistricts into which the State shall be divi- stitution," proposed by the Legislature in ded for that purpose. [See Note.] 1842, was taken up in the Senate and adopted —yeas 15, nays 3. (Senate Jour[The following amendment was proposed nal, p. 412.) A message was afterwards in 1848, referred to the Legislature of 1849, on that day received from the House, transagreed to by two-thirds of all the members mitting "joint resolution in relation to elected to each house, submitted to the amendment of constitution," which the people, and approved and ratified at the House had passed, and the rule was thereelection held in November, 1849.] upon suspended, and the resolution adoptAMENDMENT NO. IV. ed, the yeas and nays not being entered The Legislature of this State for the year upon the journal. (Senate Journal, p. eighteen hundred and fifty shall provide by 4 18, 419.1 law for the election by the people of the On that day, a message from the Senate following officers, viz: "Judges of the Su- was received by the House, returning preme Court, who shall be ineligible to "joint resolution in relation to the amendany other than a judicial olice during the ment of the constitution," and advising the term for which they are elected, ard for House that the Senate had concurred thereone year thereafter; Auditor General, State i; and the same was thereupon ordered Treasurer, Secretary of State, Attorney to be enrolled. (House Journal, p. 533 & General, Superintendent of Public Instruc- 53..) tion, and Prosecuting Attorneys; and the On the same day, a message was receivsaid judges are prohibited from receiving ed by the House from the Governor, advi6* xxii sing the House that hle had approved and was modified in form, but not in substance, deposited with the Secretary of State by the joint resolution approved January "joint resolution for amending the consti- 16, 1844. The words stricken out, and tution of the State of Michigan." (1House those inserted by this amendment, leave Journal, p. 538.) no designation of the month in which the It seems, therefore, to be a mratter of election is to be holden, yet the section is doubt whether the resolution of 1812, rel- made to read as though the words " of Noative to borrowing money, &c., was actu- vembter" had not been stricken out. ally agreed toby the Legislature of 1843. The language of the amendment also. The resolution for submitting the amend- implies that the reading of the whole of ment to the people, is entitled " Joint Res- section 4, of article 4 of the constitution, is plution." given in the resolution, whereas it include. Amendment No. 3, as proposed in 843, only the first clause of that secti 9 REVISED CONSTITUTION, 1850. The People of the State of Michigan do ordain this Constitution. ARTICLE I. and down the river Brule to the main BOUNDARIES. channel of the Menominie river; thence down the centre of the main channel of the The State of Michigan consists of anld sme to the centre of the most usual ship has jurisdiction over the territory embraced channel of the Green Bay of Lake Michiwithin the following boundaries, to wit: gan; thence through the centre of the most Commencing at a point on the eastern Iusual ship channel of the said Bay, to the boundary line of the State of Indiana, middle of Lake Michigan; thence through where a direct line drawn from the south- the middle of Lake Michigan to the northern extremity of Lake Michigan to the ern boundary of the State of Indiana, as most northerly cape of the Maumee Bay, that line was established by the act of shall intersect the same-said point being Congress of the nineteenth of April, eighthe north-west corner of the State of Ohio, teen hundred and sixteen; thence due east as established by act of Congress, entitled with the north boundary line of the said "an act to establish the northern boundary State of Indiana to the north-east corner line of the State of Ohio, and to provide thereof; and thence south with the eastern for the admission of the State of Michigan boundary line of Indiana to the place of into the Union upon the conditions therein beginning expressed," approved June fifteenth, one thousand eight hundred and thirty-six; ARTICLE II. thence with the said boundary line of the SEAT OF GOVERNMENT. State of Ohio, till it intersects the boundary Sec. 1. The seat of government shall be in line between the United States and Can- Lansing, where it is now established. ada, in Lake Erie; thence with said boundary line between the United States and ARTrCLE 11I Canada, through the Detroit river, Lake DIVISION OF THE POWERS OF GOVERNM ENT. Huron and Lake Superior, to a point Sec. 1. The powers of Government are diw.here the said line last touches Lake vided into three departments: the legisla-.Superior; thence in a direct line through tive, executive and judicial. Lake Superior to the mouth of the Sec. 2, INo person belonging to one deMontreal river; thence through the mid- partment shall exercise the powers prodle of the main channel of the said perly belonging to another, except in the river Montreal to the head waters thereof; cases expressly provided in this constituthence in a direct line to ihe centre of the tion. channel between Middle and South islands, ARTIILE IV. in the Lake of the Desert; thence in a direct line to the southern shore of Lake LEISLATIVE DEPARTMENT. Brule; thence along said southern shore Section 1. The legislative power is vest :xiv ed in a Senate and House of Representa- portion anew the Representatives among tives, the counties and districts, according to the Sec, ~. The Senate shall consist ofthli- numbeir of white inhabitants and civilized ty-two members. Senators shall be elect- persons of Indian descent, not members of ed for two years, and by single districts. any tribe. Each apportionment, and the Such districts shall be numbered from one division into representative districts by any to thirty-two inclusive; each of which shall board of supervisors, shall remain unalchoose one Senator. No county shall be tered until the return of another enumeradivided in the formation of senate districts, tion. except such county shall be equitably en- See. 5. Senators and Representatives titled to two or more Senators. shall be citizens of the United States, and sec. 3. The House of Representatives qualified electors in the respective counties shall consist of not less than sixty-four, and districts which they represent. A renor more than one hundred members. Rep- moval from their respective counties or disresentatives shall be chosen for two years, tricts shall be deemed a vacation of their and by single districts. Each representa- office. tive district shall contain, as nearly as may Sec. 6. No person holding any office unbe, an equal number of white inhabitants, der the United States [or this State,] or any and civilized persons of Indian descent not county office, except notaries public, offmembers of any tribe, and shall consist of cers of the militia, and officers elected by convenient and contiguous territory. But townships, shall be eligible to or have a no township or city shall be divided in the seat in either house of the Legislature; and formation of a representative district. all votes given for any such person shall When any township or city shall contain a be void. population which entitles it to more than Sec. 7. Senators and Representatives one Representative, then such township or shall, in all cases except treason, felony, city shall elect by general ticket the num- or breach of the peace, be privileged from ber of Representatives to which it is enti- arrest. They shall not be subject to any tied. Each county hereafter organized, civil process during the session of the Lewith such territory as may be attached gislature, or for fifteen days next before thereto, shall be entitled to a separate Rep- the commencement and after the terminaresentative when it has attained a popula- tion of each session; they shall not be question equal to a moiety of the ratio of rep- tioned in any other place for any speech resentation. In every county entitled to in either house. more than one Representative, the board Sec. 8. A majority of each house shall of supervisors shall assemble at such time constitute a quorum to do business; but a and place as the Legislature shall prescribe, smaller number may adjourn from day to and divide the same into representative day, and compel the attendance of absent districts, equal to the number of Repre- members, in such manner and under such sentatives to which such county is entitled penalties as each house may prescribe. by law, and shall cause to be filed in the Sec. 9. Each house shall choose its own offices of Secretary of State and clerk of officers, determine the rules of its proceedsuch county, a description of such repre- ings, and judge of the qualifications, elecsentative districts, specifying the number tion and returns of its members; and may, of each district, and the population there- with the concurrence of two-thirds of all of, according to the last preceding enume- the members elected, expel a member. ration. No member shall be expelled a second Sec. 4. The Legislature shall provide by time for the same cause; nor for any cause law for an enumeration of the inhabitants known to his constituents antecedent to his in the year eighteen hundred and fifty-four, election; the reason for such expulsion and every ten years thereafter; and at the shall be entered upon the journal, with the first session after each enumeration so names of the members voting on the quesmade, and also at the first session after tion. each enumeration by the authority of Sec. 10. Each house shall keep a jourthe United States, the Legislature shall nal of its proceedings, and publish the re-arrange the Senate districts, and ap- same, except such parts as may require se crecy, The yeas and nays of the mem- days of the session; and the same shall, bers of either house, on any question, become a law. shall be entered on the journal at the re- Sec. 15. The compensation of the memquest of one-fifth of the members elected. bers of the Legislature shall be three dolAny member of either house may dissent lars a day for actual attendance and when from and protest against any act, proceed- absent on account of sickness, for the first ing or resolution which he ma deemsiy deem- sixt days of the session of the year one urious to any person or the public, and Ithousand eight hundred and fifty-one, and have the reason of his dissent entered on fo the first forty days of every subsequent the journal, session, and nothing thereafter. When Sec. 11. In all elections by either house, convened in extra session their compensaor in joint convention, the votes shall be tion shall be three dollars a day for the given vzva- voce. All votes on nominations first twenty days, and nothing thereafter; to the Senate, shall be taken by yeas and and they shall legislate on no other subjects nays, and published with the journal of its than those expressly stated in the Goverproceedings. nor's proclamation, or submitted to them Sec. 12. The doors of each house shall by special message. They shall be entitled be open, unless the public welfare require t ten cents, and no more, for every mile secrecy. Neither house shall, without the actually traveled, going to and returnconsent of the other, adjourn for more than ing from the place of meeting, on the usuthree days, nor to any other place than ally traveled route; and for stationery and where the Legislature may then be in ses- newspapes not exceeding five dollars for sion. each member during any session. Each ~Sec. 13. Bills may originate in either member shall be entitled to one copy of house of the Legislature. the laws, journals and documents of the Sec. 14. Every bill and concurrent reso- Legislature of which he was a member; lution, except of adjournment, passed by but shall not receive, at the expense of the the Legislature, shall be presented to the State, books, newspapers, or other perquiGovernor before it becomes a law. If he expressly a ored by approve, he shall sign it; but if not, he this constitution. shall return it with- his objections to the The Leis house in which it originated, which shall ec he egislature may provide enter the objections at large upon their by law for the payment of postage on all journal, and reconsider it. On such re- mailale matter received by its members consideration, if two-thirds of the members and officers during the sessions of the Le-.*slature but not on' any sent or mailed by elected agree to pass the bill, it shall be bt no on any sen or mailed seat with the objections to the other house, them by which it shall be reconsidered. If ap- Sec. 1.-The President of the Senate proved by two-thirds of;the members and the Speaker of the House of Rlepreelected to. that house, it shall become a sentatives shall be entitled to the same per law. In such case, the vote of both hous- diem compensation and mileage as memes. shall be determined by yeas and nays; bers of the Legislature, and no more. and the names of the members voting for Sec. 18. No person elected a member of and against the bill shall be entered on the the Legislature shall receive any civil ap-. journals of each house respectively. If pointmuent within this State, or to the Senanybillbe not returned by the Governor ate of the United States, from the Goverwithin ten. days, Sundays excepted, after nor, the Governor and Senate, from the it has-been presented to him, the same shall Legislature, or any other State authority, become a law, in like manner as if he had during the term for which he is elecsigned it, unless the Legislature, by their ted. All such appointments, and all votes adjournment, prevent its return; in which given for any person so elected for any ease it shall not become a law. The Gov- such office, or appointment, shall be void, ernor may approve, sign, and file in the No member of the Legislature shall be inoffice of the Secretary of State, within five terested, directly or indirectly, in any condays after the adjournment of the Legis- tract with the State, or any county thereof, iatureit any'act passed, during the last five: authorized by any law passed during the 7* xxvi time for which he is elected, nor for one propriated for the payment of any religious year thereafter. services in either house of the LegislaSec. 19. Every bill and joint resolution ture. shall be read three times in each house Sec. 2. No law shall be revised, altered before the final passage thereof. No bill or amended by reference to its title only; or joint resolution shall become a law but the act revised, and the section or secwithout the concurrence of a mnjority of tions of the act altered or amended shall all the members elected to each house. be re-enacted and published at length. On the final passage of all bills the vote bec. 26. Divorces shall not be granted shall be by ayes and nays, and entered on by the Legislature. the journal. Sec. 27. The Legislature shall not auSec. 20. No law shall embrace more thorize any lottery, nor permit the sale of than one object, which shall be expressed lottery tickets. in its title. No public act shall take effect Sec. 28. No new bill shall be introduced or be in force until the expiration of ninety into either house during the last three days from the end of the session at which days of the session, without the unanithe same is passed, unless the Legislature mous consent of the house in which itorigishall otherwise direct, by a two-thirds vote nates. of the members elected to each house. Sec. 29. In case of a contested election, Sec. 21. The Legislature shall not grant the person only shall receive from the nor authorize extra compensation to any State per diem compensation and mileage public officer, agent or contractor, after who is declared to be entitled to a seat by the service has been rendered or the con- the house in which the contest takes place. tract entered into. Sec. 30. No collector, holder nor disSec. 22. The Legislature shall provide burser of public moneys, shall have a seat by law that the furnishing of fuel and sta- in the Legislature or be eligible to any oftionery for the use of the State, the print- flee of trust or profit under this State, uning and binding the laws and journals, all til he shall have accounted for and paid blanks, paper and printing for the execu- over, as provided by law, all sums for tive departments, and all other printing which he may be liable. ordered by the Legislature, shall be let by Sec. 31. The Legislature shall not audit contract to the lowest bidder or bidders, nor allow any private claim or account. who shall give adequate and satisfactory Sec. 32. The Legislature, on the day of security for the performance thereof. The final adjournment, shall adjourn at twelve Legislature shall prescribe by law'the o'clock at noon. manner in which the State printing shall Sec. 33. The Legislature shall meet at the be executed, and the accounts rendered seat of government on the first Wednestherefor; and shall prohibit all charges for day in February next, and on the first constructive labor. They shall not rescind Wednesday in January of every second nor alter such contract, nor release the year thereafter, and at no other place or person nor persons taking the same, or time, unless as provided in this constituhis or their sureties, from the performance tion. of any of the conditions of the contract. Sec. 34. The election of Senators and No member of the Legislature nor officer Representatives, pursuant to the proviof the State shall be interested directly or sions of this constitution, shall be held on indirectly in any such contract. the Tuesday succeeding the first Monday Sec. 23. The Legislature shall not aun of November, in the year one thousand thorize, by private or special law, the sale eight hundred and fifty-two, and on the or conveyance of any real estate belong- Tuesday succeeding the first Monday of ing to any person; nor vacate nor alter November of every second year thereafany road laid out by commissioners of ter. highways, or any street in any city or Sec. 35. The Legislature shall not esvillage, or in any recorded town plat. tablish a State Paper. Every newspaper Sec. 24. The Legislature may authorize in the State which shall publish all the the employment of a chaplain for the general laws of any session within forty State Prison; but no money shall be ap- days of their passage, shall be entitled to xv1i receive a sum not exceeding fifteen dol gislature shall be requisite to every bill aplars therefor. propriating the public money or property Sec. 36. The Legislature shall provide for local or private purposes. for the speedy publication of all st'ttute Sec. 46. The Legislature may authorize laws of a public nature, and of such judi- a trial by a jury of a less number than cial decisions as it may deem expedient. twelve men. All laws and judicial decisions shall be Sec. 47. The Legislature shall not pass free for publication by any person. any act authorizing the grant of license for Sec. 37. The Legislature may declare the sale of ardent spirits or other intoxicathe cases in which any office shall be ting liquors. deemed vacant, and also the manner of Sec. 48. The style of the laws shall be: filling the vacancy, where no provision is "The People of the State of Michigan enmade for that purpose in this constitution. act." Sec. 38. The Legislature may confer A upon organized towiships, incorporated ARTICLE V. cities and villages, and upon the board of EXECUTIVE DEPARTMENT. supervisors of the several counties, such Sec. 1. The executive power is vested powers of a local, legislative and adminis- in a Governor, who shall hold his office for trative character as they may deem pro- two years. A Lieutenant Governor shall per. be chosen for the same term. Sec. 39." The Legislature shall pass no Sec. 2. No person shall be eligible to the law to prevent any person from worship- office of Governor or Lieutenant Governor ping Almighty God according to the die- who has not been five years a citizen of rates of his own conscience; or to compel the United States, and a resident of this any person to attend, erect or support any State two years next preceding his elecplace of religious worship, or to pay tithes, tion; nor shall any person be eligible to taxes or other rates for the support of any either office who has not attained the age minister of the gospel or teacher of reli- of thirty years. gion. Sec. 3. The Governor and Lieutenant Sec. 40. No money shall be appropria- Governor shall be elected at the times and ted or drawn from the treasury for the ben- places of choosing the members of the Leefitof any religious sect or society, theolo- gislature. The person having the highest gical or religious seminary; lsor shall pro- number of votes for Governor or Lieutenant perty. belonging to the State be appropria- Governor shall be elected. In case two or ted for any such purposes. more persons shall have an equal and the Sec. 41. The Legislature shall not di- highest number of votes for Governor or minish or enlarge the civil or political Lieutenant Governor, the Legislature shall, rights, privileges and capacities of any per- by joint vote, choose one of such persons. son, on, account of his opinion or belief Sec. 4. The Governor shall be commanconcerning matters of religion. der-in-chief of the military and naval forSec. 42. No law shall ever be passed to ces; and may call out such forces to exerestrain or abridge the liberty of speech or cute the laws, to suppress insurrections and of the press; but every person may freely to repel invasion. speak, write and publish his sentiments on Sec. 5. He shall transact all necessary all subjects, being responsible for the abuse business with officers of government, and of such right. may require information, in writing, from Sec. 43. The Legislature shall pass no the officers of the executive department bill.of attainder, ex post facto law, or law upon any subject relating to the duties of impairing the obligation of contracts. their respective offices. Sec. 44. The privilege of the writ of Sec. 6. He shall take care that the laws habeas corpus remains, and shall not be be faithfully executed. suspended by the Legislature, except in Sec. 7. He may convene the Legislature ease of rebellion or invasion the public on extraordinary occasions. safety require it. Sec. 8. He, shall give to the Legislature, Sec. 45. The assent of two-thirds of the and at the close of his official term to the members elected to each house of the Le- next Legislature, information by message, xxviil of the condition of the State, and recoin- ted States, or this State, shall execute the mend such measures to them as he shall office of Govemrnor. deem expedient. See. 16. No person elected Governor or Sec 9. He may convene the Legislature Lieutenant Governor shall be eligible to at some other place, when the seat of gov- any office or appointment from the Legisernment becomes dangerous from disease lature, or either house thereof, during the or a common enemy. time for which he was elected. All votes Sec. 10. He shall issue writs of election for either of them, for any such officee to fill such vacancies.as occur in the Sen- shall be void. ate or House of Representatives. Sec. 17. The Lieutenant [Governor] and Sec. 11. [-e may grant repriev~es, corn- President of the Senate pro tempore, when mutations and pardons, after convictions, performing the duties of Governor, shall for alloffences except treason and cases of receive the same compensation as the Govimpeachment, upon such conditions and ernor. with such restrictions and. limitations as See. 18. All official acts of the Goverhe may. think proper, subject to regula- nor, his approval of the laws excepted, tions provided by law, relative to the shall be authenticated by the great seal of *aanner of applying for pardons. Upon the State, which shallbe kept by the Secconviction fur treason, he may suspend the retary of State. execution of the sentence until the case Sec. 19, All commissions issued to pern shall be reported to the Legislature at its sons holding office under the provisions of next session, wlhen the Legislature shall this constitution, shall be in the name and either pardon or commute the sentence, di- by the authority of the people of the State rect the execution of the sentence, or grant of Michigan, sealed with the great seal of a further reprieve. He shall communicate the State, signed by the Governor and to the Legislature at each session, informa- countersigned by the Secretary of Stat.e tion of each case of reprieve, commutation ARTICLE VI or pardon granted, and the reasons therefor. ~ JUDICIAL DEPARTMENT. See. 12. In case of the impeachment of Section 1. The judicial power is vested the tGovernor, his removal from office, in one Supreme Court, in Circuit Courts, death, inability, resignation or absence in probate courts, and in justices of the from the State, the powers and duties of peace. Municipal cou.rts of civil and crimthe office shall devolve upon the Lieuten- inal jurisdiction may be established by the ant Governor, for the residue of the term, Legislature in cities. or until the disability ceases. When the Sec. 2. For the term of six years, and Governor shall be out of the State in time thereafter, until the Legislature otherwise of war, at the head of a military force provide, the judges of the several Circuit thereof, he shall continue commander-in- Courts shall be judges of the Supreme chief of all the military force of the State. Court, four of whom shall constitute a Sec. 13. During a vacancy in the office quorum. A concurrence of three shall be of Governor, if the Lieutenlant Governor necessary to a final decision. After six die, resign, be impeached, displaced, be years, the Legislature may provideby law, incapable of performing the duties of his for the organization of a Supreme Court, office, or absent from the State, the Presi- with the jurisdiction and powers prescrident pro temp)ore of the Senate shall act as bed in this constitution, to consist of one, Governor, until the vacancy be filled, or chief justice and three associate justithe disability cease. ces, to be chosen by the electors of the, See. 14. The Lieutenant Governor shall, State. Such Supreme Court, when so orby virtue of his office, be President of the ganized, shall not be changed or discontinSenate. In committee of the whole he ued by the Legislature for eight years may debate all questions; and when there thereafter. The judges thereof shall be so is an equal division he shall give the cast- classified that but one of them shall go out i:Dg vote. of office at the same time. Their term of Sec. 15. No member of Congress, nor office shall be eight years. any person holding off e under the Uni- Sec. 3. The Supreme.Court shall,hve xxix a general superintending control over all than judicial, given either by the Legislainferior courts, and shall have power to ture or tie people, shall be void. issue writs of error, habeas corpus, man- Sec. 10. The Supreme Court may apdamus, quo warranto, procedendo, and point a reporter of its decisions. The deother original and remedial writs, and to cisions of the Supreme Court shall be in bear and determine the same. In all other writing, and signed by the judges concureases it shall have appellate jurisdiction ring therein. Any judge dissenting thereonly. from shall give the reasons of such dissent Sec. 4. Four terms of the Supreme Court in writing, under his signature. All such -shall be held annually, at such times and opinions shall be filed in the office of the -places as may be designated by law. clerk of the Supreme Court. The judges Sec. 5. The Supreme Court shall, by of the Circuit Court, within their respecgeneral rules, establish, modify and anend tive jurisdictions, may fill vacancies in the the practice in such court and in the Cir- office of county clerk and of prosecuting cult Courts, and simplify the same. The attorney; but no judge of the Supreme,Legislature shall, as far as practicable, Court, or Circuit Court, shall exercise any abolish distinctions between law and equity other power of appointment to public of-,proceedings. The office of master in chan- fice. eery is prohibited, Sec. 11. A Circuit Court shall be held Sec. 6. The State shall be divided into atleast twice in each year in every county eight judicial circuits; in each of which organized for judicial purposes, and four the electors thereof shall elect one circuit times in each year in counties containing judge, who shall hold his office for the term ten thousand inhabitants. Judges of the of six years and until his successoris elect- Circuit Court may hold courts for each ed and qualified. other, and shall do so when required' by 7Sec.', The Legislature may alter the law. limits of circuits or increase the number Sec. 12. The clerk of each county orof the same. No alteration or increase ganized for judicial purposes shall be the shall have the effect to remove a judge clerk of the Circuit Court of such county, from office. In every additional circuit and of the Supreme Court when held withe-stablished, the judge shall be elected by in the same. the electors of such circuit, and his term Sec. 13. In each of the counties organof office shall continue as provided in this ized for judicial purposes, there shall be a constitution for judges of the Circuit Court of Probate. The judge of such Court. court shall be elected by the electors of Sec. 8. The Circuit Courts shall have the county in which he resides, and shall original jurisdiction in all matters, civil hold his office for four years, and until his and criminal, not excepted in this constitu- successor is elected and qualified. The tion, and not prohibited by law; and appel- jurisdiction, powers and duties of such late jurisdiction from all inferior courts court shall be prescribed by law. and tribunals, and a supervisory control Sec. 14. When a vacancy occurs in the of the same. They shall also have power office of judge of the Supreme, Circuit or to issue writs of habeas corpus, manda- Probate Court, itshall be filled by appointnnus, injunction, quo warranto, certiorari, ment of the Governor, which shall continand other writs necessary to carry into ue until a successor is elected and qualified, offeet their orders, judgments and decrees, When elected, such successor shall hold and give them a general control over infe- his office the residue of the unexpired rior courts and tribunals within their res- term. pective jurisdictions. Sec. 15. The Supreme Court, the CirSec. 9. Each of the judges of the Cir- cuit and Probate Courts of each county, euit Courts shall receive a salary, payable shall be courts of record, and shall each quarterly. They shall be ineligible to any have a common seal. other than a judicial office during the terml Sec. 16. The Legislature may provide for which they are elected, and for one by law for the election of one or more peryear thereafter. All votes for any person sons in each organized county, who may elected such judge, for an.y office other be vested with judicial powers not exceed8. ing those of a judge of the Circuit Court State shall have the right to prosecute or at chambers. defend his suit, either in his own proper Sec. 17. There shall be not exceeding person, or by an attorney or agent of his four justises of tlhe peace in each organizei choice. township. They shall be elected by the c. 2. 25. In all prosecutions for libels, -electors of the townships, and shall holdl the truth may be given in evidence to the their offices for four years, and until their jury; and if it shall appear to the jury that successors are elected and qualified. At the the matter charged as libellous is true, and first election in any townships, they shall be was published with good motives and for classified as shall be prescribed by law. A justifiable ends, the party shall be acquitjustice elected to fill a vacancy shall hold ted. The jury shall have the right to de*his office for the residue of the unexpired termine the law and the fact. term. The Legislature may increase the Sec. 26. The person, houses, papers and number of justices in cities. possessions of every person shall be secure Sec. 18. In civil cases, justices of the from unreasonable searches and seizures. peace shall have exclusive jurisdiction to No warrant to search any place or to seize the amount of one hundred dollars, and any person or things, shall issue without concurrent jurisdiction to the amount of describing them, nor without probable three hundred dollars, whicl may be in- cause, supported by oath or affirmation. creased to five hundred dollars, with such Sec. 27. The right of trial by jury shall exceptions and restrictions as may be pro- remain, but shall be deemed to be waived vided by law. They shall also have such in all civil cases, unless demanded by one criminal jurisdiction and perform such du- of the parties in such manner as shall be ties as shallbe prescribed by the Legisla prescribed by law. ture. Sec. 28. In every criminal prosecution Sec. 19. Judges of the Supreme Court, the accused shall have the right to a speecircuit judges, and justices of the peace, dy and public trial by an impartial jury, shall be conservators of the peace within which may consist of less than twelve men their respective jurisdictions. in all courts not of record; to be informed Sec. 20. The first election of judges of of the nature of the accusation; to be conthe Circuit Courts shall be held on the fronted with the witnesses against him; to first Monday in April, one thousand eight have compulsory process for obtaining withundred and fifty-one, and every sixth nesses in his favor, and have the assisyear thereafter. Whenever an additional tance of counsel for his defence. circuit is created, provision shall be made Sec 29. No person, after acquittal upon to hold the subsequent election of such the merits, shall be tried for the same ofadditional judges at the regular elections fence. All persons shall, before convic-.herein provided. tion, be bailable by sufficient sureties, exSec. 21. The first election of judges of cept for murder and treason, when the the Probate Courts shall be held on the proof is evident or the presumption great. Tuesday succeeding the first Monday ofl Sec. 30. Treason against the State shall November, one thousand eight hundred consist only in levying war against [it,J or and fifty-two, and every fourth year there- in adhering to its enemies, giving them aid after. and comfort. No person shall be convicSec. 22. Whenever a judge shall re- ted of treason unless upon the testimony move beyond the limits of the jurisdiction of two witnesses to the same overt act, or for which he was elected, or a justice of on confession in open court. the peace from the township in which he Sec. 31. Excessive bail shall not be rewas elected, or by a change in the boun- quired; excessive fines shall not be imdaries of such township, shall be placed posed; cruel or unusual punishment shall without the same, they shall be deemed to not be inflicted, nor shall witnesses be unhave vacated their respective offices. reasonably detained. Sec. 23. The Legislature may establish Sec. 3. No person shall be compelled, courts of conciliation, with such powers in any criminal case, to be a witness against and duties as shall be prescribed by law. himself, nor be deprived of life, liberty or Bee. 24. Any suitor in any court of this property, without due process of law. xxxi Sec. 33. No person shall be imprisoned of his being employed in the service of the for debt, arising out of or founded on a United States or of this State; nor while contract, express or implied, except in ca- engaged in the navigation of the waters of ses of fraud or breach of trust, or of this State or of the United States, or of moneys collected by public officers or in the high seas; nor while a student of any any professional employment. No person seminary of learning; nor while kept at shall be imprisoned for a militia fine in any almshouse or other asylum at public time of peace. expense; nor while confined in any public Sec. 34. No person shall be rendered prison. incompetent to be a witness on account of Sec. 6. Laws may be passed to preserve his opinions on matters of religious belief. the purity of elections, and guard against Sec. 35. The style of all process shall abuses of the elective franchise. be: "In the name of the people of the State Sec. 7. No soldier, seaman, nor marine of Michigan." in the army or navy of the United States, ARTICLE IL. shall be deemed a resident of this State in consequence of being stationed in any milELZECTIONS. itary or naval place within the same. Section 1. In all elections, every white Sec. 8. Any inhabitant who may heremale citizen, every white male inhabi- after be engaged in a duel, either as printant residing in the State on the twenty- cipal or accessory before the fact, shall be fourth day of June, one thousand eight disqualified from holding any office under hundred and thirty-five; every white the constitution and laws of this State, and male inhabitant residing in this State on shall notbe permitted to vote at any election. the first day of January, one thousand eight hundred and fifty, who has delaredA L VI. his intention to become a citizen of the Uni- STATE OFFICERS. ted States, pursuant to the laws thereof, six Sec. 1. There shall be elected at each months preceding an election, or who has general biennial election, a Secretary of resided in this State two years and six State, a Superintendent of Public Instrucmonths, and declared hisintention as afore- tion, a State Treasurer, a Commissioner said, and every civilized male inhabitant of of the Land Office, an Auditor General, Indian descent, a native of the United and an Attorney General, for the term of States, and not a member of any tribe, two years. They shall keep their offices shall be an elector and entitled to vote; at the seat of government, and shall perbut no citizen or inhabitant shall be an form such duties as may be prescribed by elector or entitled to vote at any election, law. unless he shall be above the age of twen- Sec. 2. Their term of office shall comty-one years, and has resided in this State mence on the first day of January, one three months, and in the township or ward thousand eight hundred and fifty-three, in which he offers to vote, ten days next and of every second year thereafter. preceding such election. Sec. 3. Whenever a vacancy shall occur Sec. 2. All votes shall be given by bal- in any of the State offices, the Governor lot, except for such township officers as shall fill the same by appointment, by and may be authorized by law to be otherwise with the advice and consent of the Senate, chosen. if in session. Sec. 3. Every elector, in all cases except Sec. 4. The Secretary of State, State treason, felony, or breach of the peace, Treasurer, and Commissioner of the State shall be privileged from arrest during his Land Office shall constitute a board of attendance at election, and in going to and State Auditors, to examine and adjust all returning from the same. claims against the State not otherwiseproSec. 4. No elector shall be obliged to do yided for by general law. They shall militia duty on the day of election, except constitute a board of State Canvassers to in time of war or public danger, or attend determine the result of all elections for courtas a suitor or witness. Governor, Lieutenant Governor, and State Sec.. 6. No elector shall be deemed to Officers, and of such other officers as have gained or lost a residence by reason shall by law be referred to them. xxxii Sec. 5. In case two or more persons thereon, shall be in favor of a separate orhave an equal and the highest number of ganization. votes for any office, as canvassed by the Sec. 3. In each organized county there board of State Canvassers, the Legisla- shall be a Sheriff, a County Clerk, a Counture, in joint convention, shall choose one ty Treasurer, a Register of Deeds and a of said persons to fill such office, When Prosecuting Attorney, chosen by the electhe determination of the board of State tors thereof, once in two years, and as Canvassers is contested, the Legislature in often as vacancies shall happen, whose dujoint convention shall decide which person ties and powers shall be prescribed by is elected. law. The board of supervisors in any ARTICLE IX, county may unite the offices of County Clerk and Register of Deeds in one office, SALARIES. or disconnect the same. Sec. 1. The governor shall receive an Sec. 4. The sheriff, county clerk, county annual salary of one thousand dollars; the treasurer, judge of probate and register of judges of the Circuit Court shall each re- deeds, shall hold their offices at the counm ceive an annual salary of one thousand five ty seat. hundred dollars; the State Treasurer shall Sec. 5. The sheriff shall hold no other receive an annual salary of one thousand office, and shall be incapable of holding dollars; the Auditor General shall receive the office of sheriff longer than four in any an annual salary of one thousand dollars; period of six years. He may be required the Superintendent of Public Instruction by law to renew his security from time to shall receive an annual salary of one thouz. time, and in default of giving such securisand dollars; the Secretary of State shall re- ty, his office shall be deemed vacant. The ceive an annual salary of eight hundred county shall never be responsible for his dollars; the Commissioner of the Land acts, Office shall receive an annual salary of Sec. 6. A board of supervisors, consisteight hundeed dqollars; the Attorney Gen- ing of one from each organized township, eral shall receive an annual salary of eight shall be established in each county, with hundred dollars. They shall receive no such powers as shall be prescribed by law, fees or perquisites whatever, for the per- Sec. 7. Cities shall have such represenformance 6f anly duties connected with tation in the board of supervisors of the their offices. It shall not be competent for counties in which they are situated, as the the Legislature to increase the salaries Legislature may direct. herein provided. Sec, S, No county seat once established ~A-~RTICLE XY shall be removed until the place to. which it is proposed to be removed shall be desigCOUNTIES. nated by two-thirds of the board of superSee. 1. Each organized county shall be visors of the county, and a majority of a body-corporate, with such powers and the electors voting thereon shall. have voimmunities as shall be established by law. ted in favor of the proposed location, in All suits and proceedings by or against a such manner as shall be prescribed by law., county shall be ina the name thereof Sec. 9, The board of supervisors of any See. 2. No organized county shall ever county may borrow or raise by tax one be reduced by the organization of new thousand dollars, for constructing or recounties-to less than sixteen townships, as pairing public buildings, highways or' surveyed by. the United States, unless, in bridges; but no greater sum shall be borpursuance of law, a majority of elec- rowed or raised by tax for such purpose in tors residing in each county to, be affected any one year, unless authorized by a mathereby shall so decide. The Legislature jority of the electors of such county yvoting may organize any city into a separate thereon. county; w.hen it has attained a population Sec. 10. The board, of'supervisors, orin: of twenty thousand inhabitants, without the county of Wayne, the board of counreferenee- to geographical -extent, when a ty auditors, shall have. the exclusive power majority, of the- electors of a county in to prescribe: and fix the compensation for which such city may' bhe situated, voting all serlvices rendered for, and to adjust all xxxiii claims against, their respective counties; gislature, when the Senate shall proceed to and the sum so fixed or defined shall be try the same. subject to no appeal. Sec. 4. No judicial officer shall exercise Sec. 11. The board of supervisors of his office after an impeachment is directed, each organized county may provide for until he is acquitted. laying out highways, constructing bridges, Sec. 5. The Governor may make a proand organizing townships, under such re- visional appointment to fill a vacancy occastrietions and limitations as shall be pre- sioned by the suspension of an ofaficer ntil scribed'bv law. he shall be acquitted, or until after the PARlTICLE XI. Yelection and qualification of a successor. Sec. 6. For reasonable cause, which TOWNSHIPS. shall not be sufficient ground for the imSec. 1. There shall be elected annually, peachment of a judge, the Governor shall on the first Monday of April, in each or- remove him on a concurrent resolution of ganized township, one supervisor, one two-thirds of the members eleeted to each township clerk, who shall be ex officio house of the Legislature; but the cause school inspector, one commissioner of high- for which such removal is required, shall ways, one township treasurer, one school be stated at length in such resolution. inspector, not exceeding four constables, See. 7. The Legislature shall provide by and one overseer of highways for each law for the removal of any officer elected highway district, whose powers and duties by a county, township or school district, in shall be prescribed by law. such manner and for sueh cause as to them Sec. 2. Each organized township shall shall seem just and proper. be a body corporate, with such powers and ATICLE XIII. immunities as shall be prescribed by law. All suits and proceedings by or agains at EDUCATION. township, shall be in the name thereof. Sec. 1. The Superintendent of Public AR TITCLE XII. VInstruction shall have the general supervision of public instruction, and his duties IMPEACHMENTS AND REMOVALS FROM OFFICE. shall be prescribed by law. Sec. 1. The House of Representatives Sec. 2. The proceeds from the sales of shall have the sole power of impeaching all lands that have been or hereafter may civil officers for corrupt conduct in office, be granted by the United States to the or for crimes and misdemeanors; but a State for educational purposes, and the promajority of the members elected shall be ceeds of all lands or other property given necessary to direct an impeachment. by individuals, or appropriated by the State Sec. 2. Every impeachment shall be for like purposes, shall be and remain a tried by the Senate. When the Governor perpetual fund, the interest and income of or Lieutenant Governor is tried, the Chief which, together with the rents of all such Justice of the Supreme Court shall preside. lands as may remain unsold, shall be inWhen an impeachment is directed, the Sen- violably appropriated and annually applied ate shall take an oath or affirmation truly to the specific objects of the original gift, and impartially to try and determine the grant or appropriation. same according to the evidence. No per- Sec. 3. All land, the titles to which shall son shall be convicted without the concur- fail from a defect of heirs, shall escheat to rence of two-thirds of the members elec- the State; and the interest on the clear proted. Judgment in case of impeachment ceeds from the sales thereof, shall be apshallnot extend further than removal from propriated exclusively to the support of office; but the party convicted shall be lia- primary schools. ble to punisment according to law. Sec. 4. The Legislature shall, within five Sec. 3. When an impeachment is direc- years from the adoption of this constituted, the House of Representatives shall tion, provide for and establish a system of elect from their own body three members, primary schools, whereby a school shall whose duty it shall be to prosecute such be kept without charge for tuition, at least impeachment. No impeachment shall be three months in each year, in every school tried until the final adjournment of the Le- district in the State; and all instruction in 9* xxxiv said schools shall be conducted in the Eng- and agricultural improvement; and shall, lish language. as soon as practicable, provide f:r the esSee. 5. A school shall be maintained in tablishmien-t of an agricultural school, each school district, at least three months The Legislature may appropriate the in each year. Any school district neglect- twenty-two sections of salt spring lands ing to maintain such school, shall be depri- now unappropriated, or the money arising ved for the ensuing of year its proportion of from the sale of the ssme, where such the income of the primary school fund, and lands have been already sold, and any land of all funds arising from taxes for the sup- which may hereafter be granted or approport of schools. priated for such purpose, for the support Sec. 6. There shall be elected in each and maintenance of such school, and may judicial circuit, at the time of the election make the same a branch of the Universiof the judge of such circuit, a regent of ty, for instruction in agricdlttire and the the University, whose term of office shall Inatural sciences connected therewith, and be the same as that of suchlr judge. The place the same under the supervision of regents thus elected shall constitute the the regents of the University. board of regents of the University of Sec. 12. The Legislature shall also proMichigan. vide for the establishment of at least one Sec. 7. The regents of the University library in each township; and all fines as" and their successors in office shall continue sessed and collected in tie several coun" to constitute the body corporate, known by ties and townships for any breach of the the name and title of "the regents of the penal laws, shall be exclusively applied to University of Michigan." the support of such libraries. Sec. 8. The regents of the Universisty I LE, shall, at their first annual meeting, or as soon thereafter as may be, elect a presi- F -INANCEI AND TAXATION. dent of the University, who shall be ex- Sec. 1. All specific State taxes, except officio a member of their board, with the those received from the mining companies privilege of speaking, but not of voting. of the upper peninsula, shall be applied in He shall preside at the meetings ef the re- 1 paying the interest upon the primary school, gents, and be the principal executive offi- university and other educational funds1 cer of the University. The board of re- and the interest and principal of the State gerits shall have the general supervision of debt, in the order herein recited, until the the University, and the direction and con- extinguishment of the State debt, other trol of all expenditures from the Unirversi- than the amounts due to educational funds; ty interest fund; when such specific taxes shall be added Sec. 9. There shall be elected at the to, and constitute a part of the primary general election in the year one tIhousanld school interest fund. The Legislature shall eight hundred and fifty-two, three mem- provide for an annual tax, sufficient, with bers of a State board of education; one other resources, to pay the estimated exfor two years, one for four years, and one penses of the State government, the interfor six years; and at each succeeding bi- est of the State debt, and such dcficiency ennial election there shall be elected one as may occur in the resources. member of such board, who shall hold his Sec. 2. The Legislature shall provide cffie for six years. The Superintendent by law a sinking fund of at least twenty of Public Instruction shall be ex-officio a thousand dollars a vear, to commence in member and Secretary of such board. Tlhe eighteen hundred and fifty-two, with corboard shall have the general supervision of pound interest at the rate of six per cent. the State Normal school, and their duties per'annlrn, and an annual increase of at shall be prescribed by law. least five per cent., to be applied solely to Sec. 10. Institutions for the benefit of the payment and extinguishment of the those inhabitants who are deaf, dumb, principal of the State debt, other than the blind or insane, shall always be fostered amounts due to educational funds, and and supported. shall be continued until the extinguishment Sec. 11. The Legislature shall encour- thereof. The unfunded debt shall not be tge the promotion of intellectual, scientific funded or redeemed at a value exceeding xxXV that established by law in one thousand Sec. 14. Everylaw which imposes, coneight hundred and forty-eight, tinues or revives a tax., shall, distin.tly state Sec. 3. The State may contract debts to, the tax, and the object to, which it is to be meet deficits ia revenues. Such debts applied; and it shall not be sufficient to reshall not in the aggregate at any one time fer to any other law to fix such tax or ob.exceed fifty thousand dollars. The mi- ject.. neys so raised shall be applied to the pur- A-RTCLE XV. poses for which they were obtained, or to the payment of the debts so contracted. CORPouATIONS. Sec. 4. The State may contract debts to Sec. 1. Corporations may be formed unrepel invasion, suppress insurrection, or der general laws; but shall not be created defend the State in time of war. The mo- by special act, except for municipal purponey arising from the contracting of such ses. Alllaws passed pursuant to this secdebts shall be applied to the purpose for tion, may be altered, amended or repealed. which it was raised, or to repay such debts. Sec. 2. No banki;,ag law or law for bankSec. 5. No money shall be paid out of ing purposes, or amendments thereof, shall the treasury except in pursuance of appro- have effect until the same shall, after its priations made by law. p sassage, be submitted to. a vote of the Sec. 6. The credit of the State shall not electors cf the State, at a general election, be granted to or in aid of any person, as- and be approved by a majority of the votes,ociation or corporation. -ast thereon at such election. Sec.. 7No scrip, certificate, or other Sec. 3. The officers and stockholders of evidence of State indebtedness shall be every corporation or association for bankissuaed, except for the redemption of stock ing purposes, issuing bank notes or paper previously issued, or for such debts as are credits to circulate as money,, shall be inadcl expressly authorized in this constitution. viduially liable for all debts contracted duSec. 8. The State shall not subscribe to ring the time of their being officers or or be interested in the stock of any compa- stockholders of such corporation or associPy, association or corporation. ation. Sec. 9. The State shall not be a party to Sec. 4. The Legislature shall' provide by or interested in, any work of internal im- law for the registry of all bills or notes isprovement, nor engaged in carrying on sued or put in circulation as money, and any such work, except in the expenditure shall require security to the full amount of of grants to the State of land or other notes and bills so registered, in State or property. United States stocks bearing interest, Sec. 10. The State may continue to. col- which shall be deposited with the State lect all specific taxes accruing to the trea- Treasurer for the redemption of such bills sury under existing laws. The Legisla- or notes in specie. ture may provide for the collection of spe- Sec. 5. In.case of the insolvency of any cific taxes froi, banking, rail road, plank bank or banking asociation, the bill holdroad, and other corporatiors hereafter cere- ers thereof shall be entitled to, prefere-nce ated. in payment, over all other creditors of such See.,11. The Legislature shall provide bank or association. an uniform rule of taxation, except on pro- Sec. 6. The Legislature shall pass no perty paying specific taxes; and taxes law authorizing or sanctioning the suspenshall be levied on such property as shall sion of specie payments- by any perso, be prescribed by law. association or- c0poration. Sec. 12. All-assessments hereafter au- Sec. 7. The stockholders of all corporathorized shall be on. property at its cash tions and joint stock associations shall be value. individually liable for all labor performec Sec. 13. The Legislature shall provide for such corporation or association. for an equalization by a State board in Sec. 8. The Legislature shall pass no the year one thousand eight hundred and law altering or amending ay act of incorfifty-one, and every fifth year thereafter, of poration heretofore granted, without the assessments on all taxable property except assent of two-thirds of the members elecihat paying specific taxes. td to each house;: nor shall, any such ac; xxvi be renewed or extended. This restriction court, issued for the collection of any debt shall not apply to municipal corporations. contracted after the adoption of this conSec. 9. The property of no person shall stitution. be taken by any corporation for public use, Sec. 2. Every homested of not exceedwithout compensation being first made or ing forty acres of land, and the dwelling secured, in such manner as may be pre- house thereon, and the appurtenances to scribed by law. be selected by the owner thereof, and not Sec. 10. No corporation, except for mu- included in any town plat, city or village; nicipal purposes, or for the construction of or instead thereof, at the option of the ownrail roads, plank roads and canals, shall be er, any lot in any city, village or recorded created for a longer time than thirty years. town plat, or such parts of lots as shall be Sec. 11. The term "corporations," as equal thereto, and the dwelling house used in the preceding sections of this arti- thereon, and its appurtenances, owned cle, shall be construed to include all asso- and occupied by any resident of the State, ciations and joint stock companies having not exceeding in value fifteen hundred dolany of the powers or privileges of corpo- lars, shall be exempt from forced sale on exrations not possessed by individuals or ecution, or any other final process from a partnerships. All corporations shall have court, for any debt contracted after the theright to sue and be subject to be sued adoption of this constitution. Such exin all courts, in like cases as natural per- emption shall not extend to any mortsons. gage thereon lawfully obtained; but such Sec. 12. No corporation shall hold any mortgage or other alienation of such real estate hereafter acquired for a longer land by the owner thereof, if a married period than ten years, except such real es- man, shall not be valid without the signatate as shall be actually occupied by such ture of the wife to the same. corporation in the exercise of its franchises. Sec. 3. The homested of a family, after Sec. 13. The Legislature shall provide the death of the owner thereof, shall be for the incorporation and organization of exempt from the payment of his debts, cities and villages, and shall restrict their contracted after the adoption of this conpowers of taxation, borrowing money, con- stitution, in all cases during the minority tracting debts, and loaning their credit. of his children. Sec. 14. Judicial officers of cities and Sec. 4. If the owner of a homested die, villages shall be elected, and all other of- leaving a widow, but no children, the same ficers shall be elected or appointed at such shall be exempt, and the rents and profits time and in such manner as the Legisla- thereof shall accrue to her benefit during ture- may direct. the time of her widowhood, unless she be Sec. 15. Private property shall not be the owner of a homested in her own right, taken for public improvements in cities and Sec. 5. The real and personal estate of villages without the consent of the owner, every female, acquired before marriage, unless the compensation therefor shall first and all property to which she may afbe determined by a jury of freeholders, terwards become entitled by gift, grant, and actually paid or secured in the manner inheritance or devise, shall be and remain provided by law. the estate and property of such female, Sec. 1.6. Previous notice of any appli- and shall not be liable for the debts, oblication for an alteration of the charter of gations or engagements of her husband, any corporation shall be given in such and may be devised or bequeathed by her manner as may be prescribed by law. as if she were unmarried. ARTICLE XVI. ARTICLE XVII. EXEMPTIONS. MILITIA. Sec. 1. The personal property of every Sec. 1. The militia shall be composed resident of this State, to consist of such of all able bodied white male citizents beproperty only as shall be designated by law, tween the ages of eighteen and forty-five shall be exempted to the amount of not years, except such as are exempted by the less than five hundred dollars, from sale laws of the United States or of this State; on execuiion or other final process of any but all such citizens, of any religious de xxxvii nomination whatever, who, from scruples further improvement of the navigation of of conscience, may be averse to bearing such streams. arms, shall be excused therefrom, upon Sec. 5. An accurate statement of theresuch conditions as shall be prescribed by ceipts and expenditures of the public molaw. neys shall be attached to and published Sec. 2. The Legislature shall provide by with the laws, at every regular session of law for organizing, equipping and discipli- the Legislature. ning the militia, in such manner as they Sec. 6. The laws, public records, and shall deem expedient, not incompatible the writtenjudicial and legislative proceedwith the laws of the United States. ings of the State shall be conducted, proSec. 3. Officers of the militia shall be mulrgated and preserved in the English elected or appointed, and be commissioned language. in such manner as may be provided by Sec. 7. Every person has a right to bear law. arms for the defence of himself and the State. ARTICLE XVIII. Sec. 8. The military shall, in all cases, MISCELLANEOUS PROVISIONS. and at all times, be in strict subordination Sec. 1. Members of the Legislature, and to the civil power. all officers, executive and judicial, except Sec. 9. No soldier shall, in time of peace, such officers as may by law be exempt- be quartered in any house without the coned, shall, before they enter on the du- sent of the owner or occupant, nor in time ties of their respective offices, take and of war, except in a manner prescribed by subscribe the following oath or affirmation: law.'1 do solemnly swear (or affirm) that I Sec. 10. The pepple have the right will support the constitution of the United peaceably to assemble together, to consult States and the constitution of this State, for the common good, to instruct their reand that I will faithfully discharge te d- presentatives, and to petition the Legislaties of the office of - according to ture for redress of grievances. tfhe best of my ability." And no other Sec. 11. Neither slavery, norinvoluntaoath, declaration or test shall be required ry servitude, unless for the punishment of as a qualification for any office or public crime, shall ever be tolerated in this State. trust. Sec. 12. No lease or grant hereafter of agricultural land for a longer period than Sec. 2. When private property is taken twelve years, reserving any rent or service for the use or benefit of the public, the ne- of any kind, shall be valid. cessity for using such property, and the Sec. 13. Aliens who are, or who may just compensation to be made therefor, ex- hereafter become, bonafide residents of this espt whento be made by the St State, shall enjoy the same rights in rebe ascertained by a jury of twelve free- possession, enjoyment and inholders, residing in the vicinity of such spect to the possession, enjoyment and inolders, residing in the vicinity of such heritance of property, as native born citiproperty, or by not less than three com-zens. missioners, appointed by a court of record, e personshall e 111 see. 14. The property of no person shall as shall be prescribed by lawc. be taken for public use without just com-'Sec. 3. No mechanical trade shal here- pensation therefor. Private roads may be after be taught to convicts in the State pri- opened in the manner to be prescribed by son of this State, except the manufacture law; butin every case the necessities of of those articles of which the chief supply the road and the amount of all damage to for home consumption is imported from be sustained by the opening thereof, shall Other States or countries. be first determined by a jury of freeholdSec. 4. No navigable stream in this State ers; and such amount, together with the shall be either bridged or dammed without expenses of proceedings, shall be paid by authority from the board of supervisors of the person or persons to be benefitted. the proper county, under the provisions of Sec. 15. No general revision of the laws law. No such law shall prejudice the right shall hereafter be made. When a reprint of individuals to the free navigation of such thereof becomes necessa y, the Legislature streams, or preclude the State from the in joint convention shall appoint a suita" 10* xsxviii ble person to collect together such acts and Tuesday of September in the respective. parts of acts as are in force, and without years in which they may be required. Thealteration, arrange them under appropriate county canvass shall be held on the first heads and titles. The laws so. arranged Tuesday in October thereafter, and the shall be submitted to two commissioners district canvass on the last'u.esctay of appointed by the Governor for examiina- said October. tion, and if certified by them to bhe a coo- Sec.. O. ne-half o f the taxes received rect compilation of all general laws in into. the treasury from mining corpora. force, shall be printed in such, maniner as tions in the upper peninsula paying an arn shall be prescribed by law. nual State tax of one per cent., shall be. ARTTCLE XIX:. ~paid to the treasurers of the counties from which it is received, to be applied for UPPER PENINSUIJLA, townnship anad county purposes, as provided Sec. 1. The counties of Macliniaac Chip- by law. - The Legislature shall have powpewa, Delta, Marquette, Schooleraft, er, after the year one thousand eight hunHougton and Ontonagon, and the islands dred and fifty-five, to reduce. the amount and territory thereunto attached, the islands to be refunded. of Lake Superior, Huron and Michigan, and Sec. i. The Legislature may change the in Green Bay, and the straits of Mackinac location of the State prison froit Jacksoa and the River Ste Marie, shall constitute to the Upper Peninsula. a separate judicial district, and be entitled Sec. 9. The charters of the several mito a district judge and district attorney, ing corporations may be modified by the Sec. 2. The district judge shall be elect Legislature, in regard to, the term limited ted by the electors of such district, and for subscribing to stock, and in relation to shall perform the same duties and possess the quantity of land which a corporation the same powers as a circuit judge in his shall hold; but the capital shall not be incircuit, and shall hold his office for the creased, nore th-e time for the existence of same period. charters extended. No such corporation Sec 3.. Thbe district attorney shall be shall be permitted to purchase or hold any elected every two, years by the electors of real estate, except such as shall be necessathe district, shall perform the duties of ry for the exercise of its corporate franprosecuting attorney throughout the en- chises. tire district, and may issue warrants for ARTICLE XX. the arrest of offenders in cases of fellony, to be proceeded with as shall be prescribed AMENDMiENT AND REVISION OF THE CONSTIe. by law. TUTION. Sec. 4. Such judicial district shall be Sec. 1. Any amendment or amendments, entitled at all times to at least one Sena- to this constitution may be proposed in the tor; and until entitled to more by its pop- Senate or House of Representatives. If ulation, it shall have three members of the the same shall be agreed to by two-thirds House of Representatives, to be appor- of the members elected to each house, sueL. tioned among, the several counties by the amendment or amendments shall; be emnLegislature. teed on their journals respectively, with fec. 5. The Legislature may provide the yeas and nays taken thereon, and the for the payment of the district judge a same shall be submitted tQ. the electors at salary not exceeding one thousand "dollars the next general election thereafter; and if a year,, and of the district attorney not ex- a majority of the electors qualified to vote ceeding seven hundred dollars a year; and for members of the legislature voting may allow extracompensation tothemem- thereon, shall ratify and approve such bers of theLegislature from such territory, amendment Qr amendments, the same- shall not exceeding two dollars a day during become part of the constitution. any session. Sec. 2. At the general election to be held Sec. 6. The elections for. all district or in the year one thousand eight hundred and' eunty officers, State Senator or Repre- sixty-six; and in each sixteenth year thereaf.. sentatives, within the boundaries defined in ter; and also at such other times as the Le, this arrtiele, shall take place on the last gislature may by law provide, the question of a general revision of the constitution ties upon the same shall continue, anid may} shall be submitted to the electors qualified be prosecuted as provided by law. And to vote for members of the legislature; and all crinies and misdemeanors and penal in case a majority of the electors so quali- actions, shall be tried, punished and pros; led, voting at such election, shall decide ecuted, as though no change had taken in favor of a convention for such purpose, place, uintil otherwise provided by law. thie legislature, at the next session, shall Sec. 5. A Governor and Lieutenant provide by law for the election of delegates Governor shall be chosen under the existto such convention. All the amendments I ing constitution and laws, to serve after the shall take effect at the commencement of expitatidn Of the term of the present inthe political year after their adoption; cumbent. Sec. 6. All offceits, civil and military, SCEPDULE. now heolding any office or appointment; That no inconvenience may arise from shall continue to hold their respective offithe changes in the constitution of this State, ces, unless removed by competent authoand in order to carry the same into comn- rity, until superseded under the laws now in olete operation, it is hereby declared, that force, or under this constitution. Sec. 1. The comlmoa law and the stat- Sec. 7. The members of the Senate ute laws now in force, not repugnant to and House of Representatives of the Lethis constitution, shall remain in force un- gislature of one thousand eight hundred til they expire by their own limitations, or and fifty-one shall continue in office, are altered or repealed by the Legislaturie. under the provisions of law, until superseSec. 2. All writs, actions, causes of act ded by their successors, elected and qualition, prosecutions and rights of individu- fled under this constitution." ais and of bodies corporate, and of the Sec. 8. All county officers, unless reState, and all charters of incorporation, moved by competent authority, shall conshall continue; and all indictments which tinue to hold their respective offices until shall have been found, or which may here- the first day of January, in the year one after be found, for any crime or offence thousand eight hundred and fifty-three. committed before the adoption of this con- The laws now in force as to the election, stitution, may be pioceeded upon as if no qualification and duties of township offiChange had taken place. The several cers, shall continue in force until the courts, except as herein otherwise provi- Legislature shall, in conformity to the ded, shall continue with the like powers provisions of this constitution, provide for and jurisdiction, both at law and in equity, the holding of elections to fill such offices, as if this constitutionhad not been adopted, and prescribe the duties of such officers and until the organization of the judicial respectively. department under this constitution. Sec. 9. On the first day of January, in Sec. 3. That all fines, penalties, forfeit- the year one thousand eight hundred and ires, and escheats accruing to the State of fifty-two, the terms of office of the judges Michigan under the present constitution of the Supreme Court under existing laws, and laws, shall accrue to the use of the and of the judges of the County Courts, State under this constitution. and of the clerks of the Supreme Courti Sec. 4. That all recognizances, bonds, ob- shall expire on the said day. ligations and all other instruments entered Sec. 10. On the first day of Januaryi into or executed before the adoption of this in the year one thousand eight hundred and constitution, to the people of the State of fifty-two, the jurisdiction of all suits and Michigan, to any State, county or town- proceedings then pending in the present ship, or any public officer or public body, Supreme Court, shall become vested in the or which may be entered into or execu- Supreme Court established by this constited under existing laws "to the people of tution, and shall be finally adjudicated by the State of Michigan," to any such the court where the same may be pending; bfficer or public body, before the complete The jurisdiction of all suits and proceedorganization of the departments of govern- -ings at law and equity, then pending in ment under this constitution, shall remain Ithe Circuit Courts and County Courts for binding and valid; and rights and liabili- the several counties, shall become vested xl in the Circuit Court of the said counties, this State publishing in the month of and District Court of the upper peninsula. September next, this constitution as subSec. 11. The probate courts, the courts mitted, shall receive as compensation of justices of the peace, and the police therefor, the sum of twenty-five dollars, court authorized by an act entitled "an to be paid as the Legislature shall direct. act to establish a police court in the city Sec. 17. Any person entitled to vote for of Detroit," approved April second, one members of the Legislature, by the constithousand eight hundred and fifty, shall tution and laws now in force, shall, at the continue to exercise the jurisdiction and said election, be entitled to vote for the powers now conferred upon them respec- adoption or rejection of this constitution, tively, until otherwise provided by law. and for or against the resolution separately Sec. 12. The office of State printer shall submitted, at the places and in the manner be vested in the present incumbent until provided by law for the election of memthe expiration of the term for which he was bers of the Legi'lature. elected under the law then in force; and Sec. 18. At the said general election, a all the provisions of the said law relating ballot box shall be kept by the several to his duties, rights, privileges and con- boards of inspectors thereof, for receiving pensation, shall remain unimpaired and in- the votes cast for or against the adoption of violate until the expiration of his said term this constitution; and on the ballots shall of office. be written or printed, or partly written and Sec. 13. It shall be the duty of -the Le- partly printed, the words "adoption of the gislature, at their first session, to adapt the constitution-yes," or "adoption of the present laws to the provisions of this con- constitution-no.' stitution, as far as may be. Sec. 19. The canvass of the votes cast Sec. 14. The Attorney General of the for the adoption orrejection of this constiState is required to prepare and report to tution, and the provision in relation to the the Legislature, at the commencement of elective franchise separately submitted, the next session, such changes and modifi- and the returns thereof, shall be made by cations in existing laws as may be deemed the proper canvassing officers, in the same necessary to adapt the same to this consti- manner as now provided by law for the tution, and as may be best calculated to canvass and return of the votes cast at an carry into effect its provisions; and he shall election for Governor, as near as may be; receive no additional compensation there- and the re turn thereof shall be directed to for. the Secretary of State. On the sixteenth Sec. 15. Any territory attached to any day of December next, or within five days county for judicial purposes, if not other- thereafter, the Auditor General, State wise represented, shall be considered as Treasurer and Secretary of State shall forming part of such county, so far as re- meet at the Capitol, and proceed, in presgards elections for the purpose of repre- ence of the Governor, to examine and cansentation. vass the returns of the said votes, and proSec. 16. This constitution shall be sub- clamation shall forthwith be made by the mitted to the people for their adoption or Governor of the result thereof. If it shall rejection, at the general election to beheld appear that a majority of the votes cast on the first Tuesday of November, one upon the question have thereon "Adopthousand eight hundred and fifty; and tion of the constitution-yes," this constithere shall also be submitted for adoption tution shall be the supreme law of the or rejection, at the same time, the separate State from and after the first day of Januaresolution in relation to the elective fran- ry, one thousand eight hundred and fiftychise; and it shall be the duty of the Sec- one, except as is herein otherwise proviretary of State, and all other officers re- ded; but if a majority of the votes cast quired to give or publish, any notice in re- upon the question have thereon "Adopgard to the said general election, to give tion of the constitution-no," the same noice as provided by law in case of an shall be null and void. And in case of the election of Governor, that this constitution adoption of this constitution, said officers has been duly submitted to the electors at shall immediately, or as soon thereafter as said election. Every newspaper within practicable, proceed toopen the statements xll 7-_" -.....-...................7-_- -- _7 _................... -............... -... -.........-': —_ of votes returned from the several counties and so on above that number, giving one for judges of the Supreme Court and State additional member for each additional ratio. officers, under the act entitled "an act to Sec. 23. The cases pending rnd undisamend the revised statutes and to provide posed of in the late court of chancery, at for the election of certain officers by the the time of the adoption of this constitupeople, in pursuance to an amendment of tion, shall continue to be heard and deterthe constitution," approved February six- mined by the judges of the Suprenme teenth, one thousand eight hundred and Court. But the Legislature shall, at its fifty, and shall ascertain, determine and session in one thousand eight hundred and certify the results of the election for said fifty-one, provide by law for the transfer officers under said acts, in the same man- of said causes that may remain undisposed ner, as near as may be, as is now provided of on the first day of January, one thouby law in regard to the election of Repre- sand eight hundred and fifty-two, to.the sentatives in Congress. And the several Supreme or Circuit Court, established by judges and officers so ascertained to have this constitution, or require that the sarme been elected, may be qualified and enter may be heard and determined by the cirupon the duties of their respective offices, cuit judges. on the first Monday of January next, or as See. 24. The term of office of the Gaovsoon thereafter as practicable. ernor and Lieutenant Governor shall connSec. 20. The salaries or compensation of mence on the first day of January next afall persons holding office under the present ter their election. constitution shall continue to be the same See. 25. The territory described in the as now provided by law, until superseded article entitled "Upper Peninsula," shall by their successors elected or appointed be attached to and constitute a part of the under this constitution; andit shall not be third circuit for the election of a regent of lawful hereafter for the Legislature to in- the University. crease or diminish the compensation of any Sec. 26. The Legislature shalI have auofficer'during the term for which he is thority, after the expiration of the ternm of elected or appointed, office of the district judge first elected for Sec. 21. The Legislature, at their first the upper peninsula, to abolish said office of session, shall provide for the payment of district judge and district attorney, or ciall expenditures of the Convention to re- ther of them. vise the constitution, and of the publication Sec. 27. The Legislature shall, at its of the same as is provided in this article. session of one thousand eight hundred acd Sec. 22. Every county except Mackinac fifty-one, apportion the Representatives and Chippewa, entitled to a representative among the several counties and districts, and in the Legislature, at the time of the adop- divide the State inito Senate districts, purtion of this constitution, shall continue to be suant to the provisions of this constitution. so entitled under this constitution; and the Sec. 28. The terms of office of all State county of Saginaw, with the territory that iand county officers, of the circuit judges, may be attached, shall be entitled to one members of the board of education, and Representative; the county of Tuscola, and members of the Legislature, shall begin the territory that may be attached, one Re- on the first day of January next succeeding presentative; the county of Sanilac, and their election. the territory that may be attached, one Sec. 29. The State, exclusive of the upper Representative; the counties of Midland peninsula, shall be divided into eight judiand Aronac, with the territory that may be cial circuits, and the counties of Monroe, attached, one Representative; the county Lenawee and Hillsdale shall constitute the of Montcalm, with the territory that may first circuit; the co:unrtes of Branch, St. be attached th-ereto, orie..epresen.""it.ve;, Jseph, sr and Berr eilc, shall constitute and the counties of Nsewaygo and Oceeana, the second circuit; the county of Wayne with the territory that may be attached shall constitute the third circuit; the counthereto, one Representative. Each county ties of Washtenawr, Jackson and nagham having a ratio of representation and a frac- shall constitute the fourth circuit; the countion over, equal to a moiety of said ratio, ties of Calhoun, Kalamazoo, Allegan, Eashall be entitled to two: representatives, ton and Van Buren, shall constitute the ~ftih 11* xlii circuit; [the] counties of St. Clair, Macomb tion of the said separate amendment shall Oakland and Sanilac shall constitute the be written or printed, or partly written and sixth circuit; the counties of Lapeer, Gen- partly printed, the words "Equal suffrage esee, Saginaw, Shiawassee, Livingston, Tus- to colored persons? Yes;" and upon all cola and Midland shall constitute the sev- ballots given against the adoption of the enth circuit; and the counties of Barry, said separate amendment, in like manner, Kent, Ottawa, Ionia, Clinton and Mont- the words " Equal suffrage tocolored percalm shall constitute the eighth circuit." sons? No." And on such ballots shall be written or printed, or partly written and RESOLUTION. partly printed, the words " Constitution: Sec. 30. At the next general election, Suffrage," in such manner that such words and at the same time when the votes of the shall appear on the outer side of such balelectors shall be taken for the adoption or lot when folded. If, at said election, a rejection of this constitution, an additional majority of all the votes given for and amendment to section one of article seven, against the said separate amendment shall in the words following: contain the words "Equal suffrage to col"Every colored male inhabitant possess- ored persons? Yes;" then there shall be ing the qualifications required by the first inserted in the first section of the article, section of the second article of the consti- between the words " tribe" and " shall," tution, shall have the rights and privile- these words: " and every colored male inges of an elector," habitant," anything in the constitution to Shall be separately submitted to the the contrary notwithstanding." electors of this State for their adoption or Done in Convention, at the capitol of rejection, in form following, to wit: A sep- the State, this fifteenth day of August, in arate ballot may be given by every person the year of our Lord one thousand eight having the right to vote for the revised hundred and fifty, and of the Independence constitution, to be deposited in a separate of the United States the seventy-fifth. box. Upon the ballots given for theadop- D. GOODWIN, I'resident. OKA TOWN, GEO. C. HARVEY, J. W. T. ORR, E. BARNARD, JACOB BEESON, DANIEL S. LEE, CALVIN BRITAIN, ROBERT CROUSE, CHARLES W. WHIPPLE, ROBERT WARDEN, Jr., ASAHEL BROWN, WILLIAM NORMAN McLEOD, WALES ADAMS, C. W. CHAPEL, ISAAC E. CRARY, A. S. ROBERTSON, JOHN D. PIERCE, D. C. WALKER, NATHAN PIERCE, R. McCLELLAND, MILO SOULE, ALEXANDER M. ARZENO, WILLIAM V. MORRISON, HENRY B. MARVIN, GEO. REDFIELD, EMERSON CHOATE, DAVID STURGIS, G. 0. WHITTEMORE, JOHN D. BURNS, J. VAN VALKENBURGH, CHAS. E. BEARDSLEY, JAMES WEBSTER, JOHN BARTOW, ELIAS S. WOODMAN, ELBRIDGE G. GALE, A.. HHANSCOM, D. W. C. LEACH, Z. M. MOWRY, JOHN MOSHER, SENECA NEWBERRY, DANIEL KINNE, WILLIAM AXFORD, E. B. DANFORTH, E. S. MOORE, C. P. BUSH, WM. CONNEER, HENRY BARTOW, JOSEPH R. WILLIAMS, CYRUS LOVELL, F. J. PREVOST, J. L. BUTTERFIELD, ELIAS M. SKINNER, R. H. ANDERSON, EARL P. GARDINER, xliii E. S. ROBINSON, MORGAN O'BRIEN, W. F. STOREY, JAMES M. EDMUNDS, J. G. CORNELL, BENJ. W. WAITE, VOLNEY HASCALL, WM. S. CARR, RIX ROBINSON, JAMES KINGSLEY, THOMAS B. CHURCH, PETER DESNOYERS, NOAH H. HART, AMMON BROWN, J. R. WHITE, E. C. EATON, CHARLES CHANDLER, JOSEPH H-. BAGG, ADDISON J. COMSTOCK, HENRY FRALICK, EBENEZER DANIELS, JOHN GIBSON, NELSON GREEN, H. J. ALYORD JonN SWEGLES, Jr., ) HORACE S. ROBERTS, > ecrelaries. CHARLES HASCALIL, ) I hereby certify the above and foregoing to be a true copy of the enrolled Constitution of the State of Michigan, as filed in the office of the Secretary of State, August 15, 1850, except the words included in brackets, which are not in said copy.;ROD. R. GIBSON, Dep'y Sec'y of State. I certify that the words included in brackets were in the Constitution as passed by the Convention, and in the copy furnished the enrolling committee. JOHN SWEGLES, Jr, Principal Sec'y of Convention. STATEMENT OF VOTES GIVEN at the Ceneral Eleclion, held within thee State of ichialn, on'Tues-day, tie fifli day of November, A. D. 1850, for and against the adoption oi the Consittitotion passed in Convention Atuglst fifteenlthl, 850, aned submitted for adoption or rejection to the people ei said State, in compliance.with the provisions of sections 16,17, 18 and 19 of the Schedule of said Constitutiot:n -,, — -- ---- - volc —-' eoIIvotes given in the State of Michigan. for and against the adloption of the Constitution, submitted to the people U m Q:. thereof at the said election holden on the fifth day ol No-:> ovemeber, A. ). tS50, as appears from the canvass and cxi i, t amination mnade by us in presence of John S. Barry, G-ov~C^ U N TIE. -ta -, erinor of satid State, of the statements of votes given in the 0C0NIS.101. o _ I | several coiunties, received by the Secretary of State froli'i o0 I j | t the respective county Clerks, duly certified under their _ | j i 3^ \!< hands and seals of office.,; m c' i s I In witness whereofl, e have heremito set our names, at.1 <; 1, tie office of the Secretary ol State, this nineteenth day ot Alleoan, 309J 1071 4: 620 December, A. D). 1850. Al~legan 5609 1071 ~4i G20 T)etllrt e0 ). A;. TrAYLOR, Secretary of State. 3Barry, 629 2 521 681. C. cW. ITTEMORE, State Treas'r. Berrlien, Q989 20 t 124 t 9 i JOHN J. ADAM, Atiditor General, jBerrie-n, ^989 201 2~84 L 98/ Board of,SItate Canvasser1s. Branch, I 1280 198 1478 \- _ Calhoun, 2340 180 \ 5920 By the Governor of the State of Michigan. Canss, 1 069 323 A 39P Chippewa, 1 181 34 A PROCLAMATION. Clintmy 555 92 647 2hlntoln, 66o56 92011 647 VWhereas, by the schedule appended to the Eatons 809 204 7 1020 Constitution for the State of Michigan, subGenesee, 11091 297i 140)6 mitted to the people by a convention of deleHillsdale, 13'60 1521 1512 gates at the Capitol of said State, the fifteenth Houghton, 40 43' 83 day of August in the year of our lord one Ingham, 1000 300 1300 thousand eioht hutndred and fifty, it is proviIonia, 842 1414 986 ded that ol the sixteentl day of December then Jackson, 1810 5!97 2407 next, or within five days thereafter, the AudiKalamazoo, 11401 228i 1368 tor G(eneral, State Tleasurer, and Secretary Kent, 1225 2548 1473 of State, sall meet Lat the Capitol and proLapeer, 5015 258 763 ceed in presence of the Governor to examine Lenawee, 2692 2461 2938 and canvass the returns of the votes cast for Livingston, 1519 3061 1 382 and against the adoption of said Constitution: Mackinac, 90 88 Mackinac, 2 8 8 18 I 10s and whereas, the officers above named, in presMacomb, 1294~ 582 21 1878 ence of the Governor,having performed said duMonroe. 1429! 64 1493 ty within the time prescribed, and on the canMontcalm, 1301 9 139 vass of said votes, found that the total number Oakland, 2630 1384 391 4 given was forty-five thousand six hundred and Ottawa, 314 133 447 twenty seven; of which thirty-six thousand one Saginaw, 139 148 287 hundred and sixty-nine, were given in favor Shiawassee, 6549 275 824 of the adoption of said Constitution; nine 3St. Clair, 633 230 / 863 thousand four hundred and thirty-three St. Joseph, 1411 266 8 1675 against its adoption; and twenty-five blank: Sanilac, 91 70 161 Now, therefore, I, John S. Barry, Governor o' Tuscola, 54 1 55 said State of Michigan, as by said schedule Van Buren, 648 160 808 required, do issue this my Proclamation, to Washtenaw, 3082 3091 3391 make known that said Constitution has been Wayne, 2407 14761 4! 3887 duly adopted by a majority of the votes given --— _' —16 — - 4 — upon the question of its adoption. _Total, _____36169_ 943325_ 45627 Done at Lansing, in said State, this nineThe whole number of votes given at said election for teenth day of December, in the year of our -and against the adoption of the Constitution was forty-five r Lord one thousand eight hundred thousand six hundred and twenty-seven; of which votes IL. S. I and fifty nand of the Independene thirty-six thousand one hundred and sixty-nine were givenl d f, for the adoption of the said Constitution; nine thousand of the United States the seventy-filth. rour hundred and thirty-three were given for the rejection By the Governor:.NO. S. BARR. of said Constitution; and twenty-five were blanks. r* O A. We certify the foregoing to be a correct statement, of the C. H1. T.AYT.OP., Selretary Of State, 12' NOTE.'The Reporter appointed and required, under the resolution of August 14th, to superintend the publication of the Debates in the Convention, begs leave to state that in performing that duty he met with some difficulty, and therefore the work is not so complete as otherwise would have been the case, from the fact that several members took home their speeches to review, neglecting to return them. Owing to this, the Debates, in a few instances, appear sonme what disjointed and abrupt. Such as were returned before the volume was completed,will be found inserted in the Appendix. CONVENTION,QgF THE STATE OF MICHIGAN. HALL OF THE HOUSE OF REPRESENTATIVES,' L.NSING, MiONDAY, JUNE 3, 1850. In pursuance of the Act, approved March 9, 1850, providing "for the time, place, and manner of holding the Convention to Revise the Constitution," the Delegates assembled at the Capitol this day. At 2 o'clock P. M., the Hon. CHAALES olther mode was proposed, the election.H. TAY.LOR,, ecretary of State, appeared would be proceeded with in the manner and stated that he was present with the of- prescribed. ficial List of Delegates, with the exception Mr. McCLELLAND said: Mr. Presiof Shiawassee county,;returns from which dent, it is unusual to vote for the election had not been received. of the presiding officer, in a body like this, He then proceeded to call the List, and by ballot. I do not think the Legislature all the Delegates answered to their names, had power over this matter. So far as I except JOHN B. GRAHAM, of Hillsdale, CY- know, bodies like thisvote viva voce. I am Bus LOVELL, of Ionia, EBENEZER- DANIELS, in favor of it, and therefore move that we of Lenawee, HIRAM HATHAWAY, of Ma- proceed to vote for President viva voce. comb, LORENZO M. MASON and REUB3E B. Mr. WITHERELL said he did not think DInOND, of St. Clair, and JAMES M. ED- it absolutely necessary to go to the lawfor MUNDS, of Washtenaw. authority, but it might be a question of exHon. F. J. PREVOST, of Shiawassee, pediency. The law provides that the Preafterwards presented his credentials and sident shall be elected by ballot. took his seat. Mr. McCLELLAND-My object in maOn motion of Mr. KINGSLEY, king the motion was to save time. If there ISAAC E. CRARY, of Calhoun county, was is to be any discussion, I will withdraw the appointed President pro ten.; and motion.'On motion of Mr. HANS.COM, Mr. J. D. PIERCE inquired if the conD. P. BUSHnEEL, of Wayne, was appoint- stitutioa did not require a viva voce vote. ed Secretary pro tern. The CHAIR —Not in this case. On motio-n of Mr. RAYXNALE,- Mr. HANSCO M renewed the motion. DIOp.ATE HU.BARD was appointed Ser- The provision of the act had no power to geaitt-at-Arms, pro tern. bind the action of the convention. The.Mr. KINGSLEY moved that the:Con- Legislature (said Mr. H,) might as well venftio proceed to thei election of a. Presi- have gone on and dictated the mode of ll aent. our proceedings.:He would prefer the The.HARI stated that the law provided mode of election usually adopted in such that theelection should be by ballot. He.bodies as this. did ot.c.Qider.tat provision of the act:Mr. ROBEBTS said it appeared tohim, abindig upon the CGoivetin; but if no if the otio were carried, the Conventit 1 Would be repudiating the action of the Le- ments of public service, with honor to themgislature before its organization was corn- selves and usefulness to their fellow-citipleted. We may as well take a vote re- zens; and when I consider further the iml pudiating our own election. portance of the objects for which we are Mr. McLEOD moved to lay the resolu- convened, I cannot but be impressed with tion on the table. Lost. deep sensibility for the distinguished honor Mr. WITHERELL read the provision conferred. The best requital which I can of law. He did not consider it binding on make will be in the devotion of my best the Convention. powers to the faithful and impartial perMr, Redfield believed the law to be ob- formance of the highly responsible duties ligatory on the members. We cannot or- of the station. This I shall endeavor to ganize (said Mr. R.,) till we have complied do in all sincerity. And though I do not with the provisions of law. When we bring to the task great familiarity with have become organized we shall be in a Parliamentary proceedings, yet with the different position. aid (which I doubt not will be kindly and The motion did not prevail, and the Con- generously accorded) of the knowlege vention proceeded to elect by ballot. and experience that pervade this asssembly Messrs. STOREr, of Jackson county, and of representatives of enlightened and free HANSCOM, of Oakland, having been ap- citizens, it is my hope that I shall be enapointed tellers, and the ballots having been bled so to fulfill it as to meet your approcounted, the following was the result: bation. For DANIEL GOODWIN, 75 In conclusion, allow me to express the H. T. BACKus, 3 fervent desire that our deliberations may C. W. WHIPPLE, 2 be so guided by that All-Wise Being in. JR.. WILLIAMS, 3 whose hands are the destinies of States D. C. WALKER, 1 and Nations, that their results may tend to [. E. CRARY, 2 establish more firmly and permanent< B. F. H. WITHERELL, 1 ly those benign principles of civil freedom H. G. WELLS, 1 and popular sovereignty upon which our -' N. PIERCE, I institutions are based, and promote in -the W. F. STOREY, 1 highest degree the prosperity of our State The PRESIDENT pro tern. announced and the happiness of our people. that DANIEL GOODWIN, of Wayne county, On motion of Mr. COOK, of Hillsdale having received the highest number of county, it was votes, was duly appointed President of the Resolved, That John SWEGLES, Jr., be Convention. and he is hereby appointed Secretary of On motion of Mr. WHIPPLE, of Ber- this Convention. rien county, Resolved further, That HORACE S. RoBA committee of two was ordered to be ERTS and CHARLES HASCALL be and they appointed to wait upon the President elect hereby are appointed Assistant Secretaries and conduct him to the chair. of this Convention. The PRESIDENT pro tern. appointed Mr. HANSCOM offered a resolution, Messrs WHIPPLE, of Berrien, and MCCLEL- that the rules of the last House of RepreLAND, of Monroe, such committee. sentatives be adopted, so far as they are The PRESIDENT having taken the applicable to the proceedings of this Conchair, addressed the Convention as follows: vention, till otherwise ordered. Gentlemen of the Convention: Mr. WITHERELL saw no necessity for I tender to you my sincere thanks for the adoption of the resolution. It would the flattering expression of your conf- be dfficult to know what were applicable dence in selecting me to preside over your and what were not; a committee might be deliberations upon this interesting occa- appointed that would shortly report rules sion. When I look around this H-all and which would be altogether applicable. behold congregated here so much of abil- There were probably not more than three ity, of intelligence, and of experience in members of the Convention who were in public'affairs-so. many who have occu- possession of the rules of the House. pied various stations it. difcerent depart- Mr. HAN8CtOM contended that. the 3:Convention ought to have some rules for mode of proceeding to revise the Constitu its government till a committee could pre- tion of the State. pare and. report rules. At present (said Mr. McC. said he found this was usually Mr. H.) we are acting without any rulle. the first proceeding of a convention. He The resolution was adopted. was in favor of getting speedily to work, On motion of Mr. ROBERTS, that they might have more time for review; Resolved, That David Hubbard be ap- a committee of this kind can so arrange pointed Sergeant-at-Arms of this Conven- the details that we can accomplish the tion. Adopted. work in a short time. Adopted. By Mr. KINGSLEY: By. Mr. COOK: Resolved, That a committee of seven be Resolved, That there be printed for the appointed to prepare rules for the govern- use of this Convention 500 copies of the nment of this Convention in its proceedingos. daily journal. Adopted. Mr. REDFIELD proposed to amend by M essrs. KINGSLEY, BRITAIN, MCCLEL- inserting 1000. Amecnment accepted and LAND, TIsFFANY, BxACus,' WALKEii s and resolution adopted. IHANSCOrM were appointed such committee. By AMr. COOK: Mr.,CRARY offeled the following: Resolved, That the daily sessions of the Resolved, That the President of this Convention shall commence at ten o'clock, Confvention appoint a d or-keeper and four A. M., until otherwise ordered. messengRers. Mr. BUSH would prefer meeting at.Mr. FRALICK moved to strike out the nine. words " door-keeper and." Mr. COOK accepted the suggestion, and Mr. CRKAPRY wished the gentleman to the resolution was adopted. explain whether he did not think the Chair Mr. HASCALL offered a resolution that competent to appoint, or whether he con- the members of the Convention go into a sidered a door-keeper unnecessary. Mr. draft for their respective seats. C. said, it is necessary tlat we should Mr. CLARK said there were a number Iiave somrebody to take care of the House, of gentlemen of the Convention who should and clean the room, so that we may sit have seats, and cannot find any. How hiere in health and comfort. It is not the those gentlemen who had seats had obtainduty of the sergeant-at-arms or the mes- them, was a mystery to him. He thought sengers it has usually beeni done by the it would be most proper to distribute them fireman; but as the weather will probably by draft. be so warm that we shall not need fires, it Mr. HANSCOM said the law of the would be more proper to appoint a person state provided against lotteries. He conas door-keeper with instructions to attend sidered the proposition of the gentlemen to those duties. from Kalamazoo a species of gamibling to Mr. FRALICK-The office is unneces- which he had most serious objections. sary. There is one more secretary ap- Mr. DIMOND asked for the ayes and pointed than is necessary. noes, which were ordered, and the motion Mr. CRARY-The secretary will not was negatived. sweep the floor. Mr. BRITAIN offered the following: Mr. FRALICK-Perhaps not-we have Resolved, That the State Printer be inbeen elected here because the taxes are structed to forward, by mail, one copy of too high. The law that called the Conven- the daily journal to the publishers of each tion says nothing about a door-keeper. newspaper published in the state, during Under that we have no authority to ap- the session of the Convention. point. Mr. B. said the object of the resolution Mr. WITHERELL expressed his opin- was to get the proceedings of the convenion to be in favor of the appointment.- tion placed in the hands of the people at Adopted. as little expense as possible. The journals Mr. McCLELLAND offered the follow- would be republished in the newspapers. ing: The sending of journals by members was Resolved, That a committee of nine be ap- done at an expense of time which could be pointed by the President, to report the best devoted to more useful purposes. Carried. 4 A resolution was offered requiring the printed, with the Constitution of the State,. Sergeant-at-Arms to furnish thie members &c., and such information as is embraced of the Convention with stationery. in the manual of the Legislature of 1850. Mr. EATON thought it would be like On motion of Mr. WITHERELL, the requiring a constable to pay the cost of a resolation was laid on the table. suit. On motion of Mr. WHITE, Mr. BUSH inquire( if it was not re- Resolved; That a committee of five be quired by provisions of law that the Sec- appointed by the chair to furnish the memretary of State should furnish- stationery to bers of the convention with stationery. the members of the Convention. Mr. COOK moved to amend by adding The resolution was withdrawin. not exceeding in value five dollars to each Mr. STOREY offered the following: member. Resolved, That a committee of three be On motion of Mr. HANSCOM, the recappointed to inquire into the propriety of olution and amendment were laid on the procuring the services of three reporters to table. report the proceedings and debates of this On motion of Mr. J. D. PIERCE, the: Convention. Adopted. Convention adjourned. Mr. BUJTTERFIELD offered the follow- - ing: TUESDAY, (2d day,) June 4. Resolved, That the Secretary of the Con- The roll was called, the journal read vention be instructed to procure papers and approved. equal to one daily paper for each delegate, The PRESIDENT announced the folof such papers as each delegate shall di- lowing committees appointed under resorect. lutions of yesterday: Mr. J. D. PIERCE raised the question, Committee on resolution as to reporwhether there was any provision made by ters-Messrs. STOREY, CIuRCHe and WELLs. law for the payment of those papers. He Committee on resolution as to mode of believed there was no such provision made proceedings, &c.-Messrs. MCCLELLAND, by law for such payment, and if not, the CRARY, S. CLARK, TIFFANY, WILLIAMS, Secretary could not draw on the treasury R. ROBINSON, WHITTEMORE, WALKER and for the funds. WITHERELL. Mr. BUTTERFIELD believed the me- i Mr. VAN VALEENBURG offered the bers of the Convention were entitled to all following: the privileges of members of the Legisla- Resolved, That a committee of two be ture. appointed to invite the resident clergymen Mr. WITHERELL read the provision of this place to meet with us alternately, of the law in relation to the subject-it and open our daily sessions with devotionprovides that the Convention may furnish al exercises. for its own use such stationery as is neces- Mr. ROBERTS moved to lay the resosary. lution on the table, which motion did not The resolution was not adopted. prevail; and the question being on its Mr. HANSCOM offered a resolution that adoption, a committee of three be appointed to in- Mr. VAN VALKENBURG said, I ofqiire what arrangements, if any, can be fered this resolution, Mr. President, in the made in reference to postage. confident hope it would find a ready reMr. WITHERELL moved to add that spouse in the bosom of every member of the committee further inquire into the pro- this Convention. The business which has priety or means of furnishing newspapers assembled us here is of the most vital into members. terest to the citizens of our State and to The amendment was accepted and the the permanency of our free institutions. resoltution adopted.. On an occasion of this kind it appears to Messrs. HxNSCOM, DANFORTH and BRIT- me, Mr. President, that we need pre-erniA-T were appointed such committee nently, as your honor observed yesterMr. CROUSE offered a resolution in- day, the direction of that All-Wise Being strtcting the committee on rules to procure who guides the destinies of States and of the rules which shall be adopted, to be Nations. There are many upon this floor, sir, who would fear to enter upon the or- fiom the natural curiosity of the public to dinary duties of life without first acknowl- witness the opening of the Convention. edging their dependence, and seeking from It had abated to-day, and would in a few on high that wisdom which is profitable to days altogether cease. direct; much more, sir, in our present Mr. McCLELLAND offered the followcapacity, do we need to invoke the gui- ing: dance of that All-Wise Being who not on-.Resolved, That the committee relative ly orders the destinies of States and of Na- to reporters, &c., be instructed to inquire tions, but who notes all our conduct, and into the propriety of having the proceedto whom we must soon render an acount ings of the Convention published in the of our stewardship. I did hope, sir, in German language. view of our high responsibilities and the Mr. McC. said he offered it as a matter vast importance of the business before us, of inquiry. He had received a communithis resolution would atleast find no oppo- cation from the Germans themselves on sition in this intelligent body, and still the subject. We have, (said Mr. McC.,) trust upon sober reflection the votes of all a great many German emigrants in the its members will be recorded in its favor. country who do not understand the EngThe resolution was then adopted, yeas lish language, who are desirous of becom73, nays 16. ing acquainted with the principles of our On motion of Mr. ROBERTS, the goverlment and our political institutions. thanks of the Convention were tendered. to I propose to the committee to inquire into Mr. BUSHINELL for his efficient services as the expediency of the measure. If it Secretary pro tern. should be found impracticable they must On motion of Mr. ROBERTS, report against it. Resolved, That a committee of three be Mr. REDFIELD hoped it would be subappointed to make arrangemen ts for the mitted to the consideration of the commitraising of the national flag at the hour of tee. The German emigration was daily the opening of the daily sessions of this settling in our State. We are inviting them Convention. here and should give them every facility... On motion of Mr. WITHERELL, in our power for becoming acquainted with Resolved, That his Excellency, the Gov- our institutions. ernor, be invited by the President to take a Mr. CRARY proposed to add, "and in seat within the bar of the Convention du- the Dutch language." ring its session. Mr. WITHERELL would also add Mr. WELLS offered the following: "French." The French inhabitants had Resolved, That the Sergeant-at-arms be occupied the soil for more than one huninstructed not to allow strangers to come dred and fifty years, and were entitled to within the bar, except those introduced by some consideration. It was not so much a members or officers of this Convention. question of expense as expediency. tHe Mr. W. said he regretted exceedingly moved to add "the French language," the necessity which called for the intro- also. duction of this resolution. He should Mr. McCLELLAND said he had diswish the eyes of ten thousand of the peo- charged the duty imposed upon him by a pie were resting on the Convention during part of his constituents. IHe had offered the deliberation of its members, but the the proposition at their request. There experience of yesterday showed the ne- was a respectable German paper published cessity for the adoption of the resolution, in the State, so that there would be no difMr. HANSCOM said strangers were ficulty in getting the proceedings published excluded from within the bar by the ex- in that language. isting rules under which the Convention Mr. J. CLARK hoped the resolution was acting. would be adopted; it certainly could do Mr. WELLS-In that case I withdraw no harm, as it was merely a resolution of the motion. inquiry. He knew there was a great inMr. WITHERELL would merely re- terest felt among our German population mark that the inconvenience to which to become acquainted with the machinery members were subject yesterday arose of our government; they apply to be nat0 ra.lized and Ito beconle citizens. So loin as comi mittee oil supplies;" and the resolution they are. desirous of acqCuirin information i so amended was adopted. relative to our institutions and the princi- Mr. CORNELL offered a resolution repies of our government, it seeems proper quinnrg the Secretary of State to furnish and necessary that an inquiry should be copies of the Constitutions of certain instituted relative to such information be- specified States for the use of the Convening cornmlumi ated to Ohein. tion. Tle Constitutions of other States Mr. CRtARY said as it was only, a reso- were proposed to be added, by different: lution of inquiry itwould be only ordina- members. ry courtesy to adopt it. There were a Mr. C. thought it of importance that great number of Dutch settled in the copies of the Constitution of those States. State. The gentleman fiom St. Clair seemed should be accessible to rmembers for the to think that they spoke the same lan- use of the Convention. Ie had inquired hguagoe as the Glermai, but thant was not tle of the Secretary of State, and no provicase. lie should also support the amend- sion had been made ior it by the last ment to include thle French language. Legislature. AMrr. BAGG was in faivor of the olriginal }Mdr. C00OK moved to amend by directresolution, as amended by the gentleman ing the Secretary of State to cause the from Calhoun, and opposed to the other Constitutions of those States to be printed amendments. So far as he was acquain- for the use of the Convention. ted with the Frenchl population along' the Mr. WALKER thoug'oht that proposition Detroit river, all those that can read, un- Awould not facilitate the pirogress of the derstand the English language. lThe res- Convention in revising the Constitution of olUtion as amended wvas adopted. Michigan. Hte hoped the (onstitution Mr.. D. PIECE1 call ed up the reso- aould be revised an that he should be at lution offered yesterday by Mr. \WiITTE- home before, by any possibility, the print,A ORE:, that a committee ot thr ee be ap- inc of tlhose (Consiitutions could be eff eted. pointed, to furnish:or the use of the Con- Mrt' PRE)FIkELD was o' o pinion that vention, such stationerly as is allowed by copies sufficient for use o th(e *Contvenlaw. tion migllt be obtained fiorm ilndividuals. Mr. WHIITE moved to amendc by ad- IHe was opposed to any unnecessary exding "and to the officers of the Convention pense or delay. such stationery as they may require,"which Mr. CORNELL believed a sufficiet was accepted. number of copies might be obtained from Mr. CRARY moved to add: "provided the State Library and fr om individuals the allowance to each member do not ex- without expense. ceed the sum of five dollars." Mr. STOREY thoulght if anything of.Mr. C. said he offered the amendment this kind was necessary, it would be better because the allowance by law was unlim- to send to New York. A work had been ited. He believed and knew from his own publishedt which conttains all those constiexperience that stationery to the amount, tutions. in value, of five dollars would be amply JIr. CORNE0LL said his object had been sufficient for each member. in part accomplished by calling the attenMr. FRALICK moved to strike out tion of the Convention to the subject. He "five," and insert "t}hree." The question asked to ga itht'aw the resolution, which was taken on striling out and lost. was ganted. Mr. STOREY offered a resolution that Mr. HANSCOM thought it unnecessary the Secretary of State be instructed to to appoint a special committee for the put'- procure -- copies of a work containing pose. The standing- committee on supplies pose. iThe stancng comnittee s 1pplies the Constitutions of the several States for would soon be appointed. He moved to the use of the Convention. lay on the table. Lost.o lay on the table. Lst. Mr. WITHERELL moved to fill the The amendment 6ffered by Mr. CRARY blank with 10. prevailed. Mr. J. D. PIERCE moved to insert 20. Mr. STOREY moved to strike out "a Mr. BAGG moved to insert 100. He committee of three," and insert "the thoughlt every member of the Convention should be in possession of as much infor-. WEDNESDAY, (3d day,) June 5. mntion in relation to those subjects as the Prayer by the Rev. Mr. ArTTERBUISY. committees, or they would not be fully The roll called. Journal read and corprepared to act upon the reports of those rected. committees. REPORTS. Mr. EATON inquired how they were Mr. McCLELLAND, from the committee to be paid for; if the money was to come appointed to report as to the best mode of out of the appropriation to members for proceeding to the revision of the Constitustationery, he had no objection to the tion of the State, reported. largest number. Mr. McC. said the committee had ar-Mr. CROUSE said it was immaterial to ranged the subjects for the consideration'him whether the blank was filled with of the committees, in conformity with the twenty or one hundred. He was opposed present Constitution of the State. In all to and should vote against the resolution cases where they could do so, they had diin any shape. We, (said Mr. C.) as a vided the subjects for consideration so as people, have a very good constitution; it to avoid any conflicting of the duties of wants but few amendments, and those one committee with those of another. They amendments are indicated to us by the proposed the appointment of twenty-two wishes of the people, The people know committees, as follows: what they want, and the amendments they A committee of seven on the Bill of require are but few. It is of little impor- Rights; of five on the Elective Franchise; tance to us what constitutions the States of of five on the Division of the Powers of Kentucky or Mississippi, or California may Government; of nine on the Legislative have; they may be adapted to their wants, Department; of nine on the Executive Deor the habits and character of their peo- partment; of nine on the Judiciary Departple, but would probably be unsuitable to ment; of five on State Officers, except the the habits and character of our people. Executive; of seven on County Officers We are not sent here to telegraph from one and County Government; of seven on end of the Union to the other, from Maine Township Officers and the government of to:California, for constitutions upon which Townships; of five on the Organization and tomodel our own, but to make' those few Government of Cities and Villages; of five amendments to our excellent constitution on Impeachment and Removals from office; which the people require. I am desirous, of seven on the Militia; of nine on Educa(said Mr. C.,) to save time by coming to tion; of nine on Finance and Taxation; of a direct vote on the question. nine on banking, and corporations other Mr. WITHERELL moved to add that than municipal; of seven on Salaries; of the copies at the end of the session be de- five on the Seat of Government; of seven posited in the State Library. on Exemptions, Real and Personal, and the Mr. FRALICK moved that the resolu- Rights of Married Women; of seven on tion and -proposed amendments be laid on the Punishment of Crimes; of seven on ~the table, which prevailed. Miscellaneous Provisions; of five on the The PRESIDENT announced a corn- Mode of Amending and Revising the Conmuniication from the Secretary of State, in stitution; of seven on the Schedule; of relation to the expenses of the Circuit eleven on the Arrangement and PhraseoloCourts and the expenses of the County gy of the Constitution. Courts in the several counties of the State, It was proposed that the committee on which had been ordered by resolution of Education should take under their considthe last Legislature. eration all that belongs to the University Five hundred copies were ordered to be of the State, Common Schools, &e. printed. The report was laid on the table. Mr. KINGSLEY, from the committe ap- Mr. STOREY, from the committee to inpointed to prepare rules, reported. quire into the propriety of securing the The report was ordered to be printed. services of three Reporters to report the The CHAIR announced the appoint- proceedings and debates of this Convenment of a Door-keeper and Messengers. tion, reported, and recommended the adopOn motion, the Convention adjourned tion of a resolution appointing C. J. Fox, of Adrian, J. COATES, of Oakland county, and resolution, relative to the Reporters, if t h WILLTAM COATES, of Pontiac, Reporters of vote could be taken separately..the Convention, with a per diem allowance The report was laid on the table, and of three dollars each. Also the following the Convention went into committee of the resolutions: whole on the report on the rules reported.Resolved, That there be printed in octa- yesterday by Mr. KINGSLEY, Mr..HANSvo form, in bourgeois type,.for the use of COM in the chair. the members of this Convention, one thou- PROCEEDINGS IN COMMITTEE. sand copies of the proceedings and debates, The question was taken on the adoption as furnished by the Reporters; such pro- of the rules separately. ceedings and debates to be delivered to the Rule 8 provides that no member shal'l members in sheets as fast as printed. speak more than twice on the same quesResolved, That there be printed in book tion, without leave of the Convention, nor.form, upon the same type used in printing more than once until every member who the sheets provided for in the foregoing chooses to speak shall have spoken. resolution, (without any extra pay for cor- Mr. BARTOW, of Genesee, proposed position,) one thousand copies of the pro- an amendment, to add not more than one,ceedings and debates of this Convention; hour. and that such books be bound in leather, Mr. CRARY proposed fifteen minutes as and distributed as follows, to wit: One the limitation. copy to be transmitted to the Secretary of Mr. WALKER opposed the amendment. State of the United States; one copy to the Some limitation might be of use in legisla-.library of Congress; one copy to the Sec- tures, but the questions which would come retariesof State of each of the States and before the Convention were of such imporTerritories in the Union; one copy to each tance that though he did not suppose any of the State Institutions in this State; one member would be disposed to exceed the copy to each of the Judges of a court of time proposed by tie gentleman from Genrecord in this State; one copy to each of esee, yet he thought there would be an imthe members and officers of this Conven- propriety in cutting off debate. tion; one copy to each of the town clerks Mr. BARTOW had proposed the amendin this State, to be deposited in the town ment in view of another rule, which proLibraries; ten copies to be deposited in the vides for unlimited debate in committee.of State Library, and one copy in each of the the whole, which would admit enough of State offices; and the remainder to be de- discussion. If, as the gentleman froimMaposited in the office of the Secretary of comb [Mr. WALKER] had supposed, no State for transmition to the town clerks of member would be likely toexceed the time -such new towns as may be hereafter or- which the proposed amendment allowed, ganized, the amendment could do no harm. He Resolved, That the printing provided for thought the limitation proper, and thatthere -in the foregoing resolutions shall be done would be an impropriety in any gentleman under the supervision of the committee on obtruding himself upon the Conventionfor printing, a greater length of time. The report was accepted and the corn- r. VAN VALKENB URG coneurTed m-tttee d iscihar'rged..in the views entertained by the gentleman n a~~~ n, t.'. from Maeomb, [Mr. WALKER.].He uppro - On the question of concurring in the re- r om Mcom gentleman A that.floor aourd.Poets - hooded no gpentlemai on that floor would port, Aabuse.his privilege. Some men (:said Mr. Mr. DANFORTH moved that the re- Van V.) have matured their minds more ort be printed. than others, and we wanttheir information. Mr. COOK ohserved tat not only the Mr. KINGSLEY said the question h-ad.reporting of the proceedings and debates been.considered in committee. He was of the Convention was embraced in the not disposed to shorten thetime at pres.ent zesolutions, but also the mode of -priting, After full discussion of the various suband the distribution of the copie.s. He jexsts which would come under the,cosidas. not prepae.d:to vote on iat t.presiet. eration.of.tae Coventio,, if s.uoh.a rule He had no obje.otin to ac'Otr. on the.first should be found.necessary,:it tmight be adopted. Somae gentllemeLa could expressi; nvestigate and discuss, I should no t tinlk their opinions in less time than others, and it expedient to limit debate. I do not think every gentleman should have the opportu- any gentleman here is disposed to bore the nity of stating his opinions. House with long speeches. If there are Mr. GOODWIN proposed 30 miniutes any tere with such a predisposition, the as tlie liiAtatl;oa. unhappy propensity will soon be corrected iMr. CRARY accepted that proposition to in an assembly like this. We are assemhis amendment. Mr. C. said this is a bu- bled in Convention to revise the organic siness body, a deliberative body. We can law of the land, and it is proper to discuss come here and occupy hours in talking' the principles on which we are called''to about first principles, but that is not what act; thea why limit the time in the outset, the people want; we are here to supply for this di'seussion? I trust, sir, the rule as vwhat the people want in the Constitution. reported by the committee will be adopted If we limit ourselves t chat object we without amendment. coeed eiot occupy more than fifteen minutes The question was taken, and both the on any one occasion, in speaking; but if ammendments negatived. we are here to discuss constitutional.law The conemittee rose and reported baeck we can speak for hours.. I (said Mr. C.) to~ the Convention the rules and anendcame here for no such purpose, but I wish meats, which were concarred in, with the to aid in embodying the amendments the exception of the amedenent to. thle 2.34 people want in the Const-itution, and then rule. go home, r. W.ALKER offered a substitute for Mr. BARTOW accepted the amendment 23d rule.'o his amendment. Mr. McCLELLAND moved to lay the Mr. WALKER renewed t,,e.oiginal original and substitute on the table, Carproposition of one hour. tle would have nied, preferred leaving debate unlimited, at least Mr. J. CLTARB cagled up the report of aQt present. Perhaps all the members had the committee, as to mrode of proceedinlg at' c-ome so instructed, as the gentleman &.e; lMr. C.] from Callhov. Thle people of?Mr. J. D. PIERCE proposed to amend Macomhb had instructed their delegates on by combining the committee o;n tow nship lsome subjects, hut not On all subjects that officers and the committee on county ofiwould come under the consideration of the cers andc county government. The busiConvention. I believe (said Mr. W.) that ness of those two committees was so m4ch our constituents require us to discuss prin- alike that they might with propriety be ciples and consider somne subjects which combined.c ithly have not instructed us upon, Mr. McCLELLLAND-T-he committee on Mr. BUSH said: Mr. Chairman, do counties is one of much importance. The not see the necessity for the amnendment two committees may combine the result of offered by the gentleman fanlm Genesee, or their deliberations. forany amendment to the rule reported by The motion did npot prevail. the committee. I have had considerable The report was then adopted. experience in legislation, and I do not re- Mr. HAbNSCOM, front committee apcollect ever listening for oae hour to oi, pointed to inquire what arrangemlent can zpe.eh from any gentleman in our legisla- be made in reference to postage and newstive halls. In the House of Representa- papers, reported, that upon conlerring witfi tives, the iule always stood as reported by his Excellency, the Governor, they learned the committee of this Convention, till every that there was, by an act of the last legisprinciple involved in the various sbjects lature, placed in his hands, as a parl of the df lgislation had been fully discussed; till contingent fund, the sum of five hundred all business before the House had been dollars, for the purpose of employing or perfected, and new matter excludedd. Af- ietaining a private secretary untilafter the ter that period h-ad arrived it was custom- close of this Convention. That he had ry to limcit debate; aiid till that time ar- dispensed with the services of a, piva' r-ives il tIhe course of our, deliberation on secretary, atd.consequently' tlie sun of the important' subjects we are sent here to $500, desig-nd for paymnent' for the serri: 3 10 ces of such officer, was now in the contin- THURSDAY, (4th day,) June 6 gent iund, and that he wouald u~se such rri T 4 d J1 j i gent fund, and that he would use uch The Convention was called to order at 9 sum for the payment ot such postage as o'clock. Amight be directed by the Convention. i The committee would further beg leave er by the R. ir. SAP. to state, that under the construction given On motion of Mr.,EACH, the reading to the law under which the Convention is of the joual was dispensed with. organized, by the Auditor General that r. BRTAIN rose to inquire if the officer would not feel himself authorized rofe tequwioge the proceedings in conlt-,to raw a. warrant npo -the Treasu el upL tee-of the whole to be entered on thne Jourto draw a warrant upon the Treasurer up- - - on the certificate of the Secretary and l had b SD rearked tht the President of the Convention, for postage Te had not y et been adopted. or other contingent expenses, other than had not et een adopted. those specially contemplated by the terlms Heeed te -X3off~ the aetPMr. -HANS~COM presented the followof the act. Upon the subject of newspapers, the _"n committee have been informled by the pro- The committee on suppies and expen prietors of the Detroit Free Plress anld itures recommend to the Convention the the Advertiser, that they will furnish such adoption of the following resolutions: —'esolved, That the committee on sup. papers as the-Convention may direct, n-dThat t ommitte o su der thereconmmendation of the Convention plie nd expenditures be and they al to the next Legislature to make an appro- hereby auh and required to procure paton to pa foa tre saeO for the use of the Convention an amrount priation to pay for the same. It isperltaps proper, in coneusion, to of such stationery as will be required, not Ist at Perhaps proper, itn'conlwion, to slate that at the tme of the appropriatiorn exceeding in value three hundred dollars, to the contingent fund above referred to, and that the same be delivered to the rethe Governor had in his employ as private spective members and officers, uder the secretary, Mr. HonACE S. RoBERTS, a gen- direction and supervision of the Secretary tieman eminently qualfied for te - of the per- Convetion; and an account kept ormance of the duties, and whose services of the amount delivered to each member were only dispensed with from considera- and officer of the Convention; and that if; tions of economy; the Governor preferring after the adjournment of the Convention, to perform his own appropriate duties, and any portion of the same should be unapalso those devolvi!ng upon that officer, propriated, the same shall be delivered by rather than impose additional burthens the Secretary of the Convention to the Secupon the treasury. A!! which is respect- retary of State for the use of the State. fully submitted I Resolved, That the Secretary of the The report was accepted, the committee Convention be required to order for the discharged and the report laid on the members of this Convention such newspatable. pers as they may direct, not exceeding two On motion of Mr. STOREY, the first dailies for each, during'the setting, of the resolution relative to reporters of the Con- Convention, and that this Convention fevention was taken fromz the table and the commend that the next Legislature make same was adopted. an appropriation to pay therefor. Mr. HANSCOM offered the following Resolved, That all postage on mailable resolution, and the same was agreed to: matter (not exceeding the sum of five hunResolved, That there be added to the dred dollars) received or sent, except let. standing committees of the Convention, ters sent by members of the Convention, one on supplies and expenditures, to con- be, by the Post Master of this village, sst of five members. charged to the Convention; and that hisOn motion of -Mr. HANSCOM, the sub- Excellency, the Governor, be and is herejeet of postage and newspapers was refer- by requested to pay such sum to said Post red to the committee on supplies and ex- Master, upon the certificate of the Secretapenditures. ry. of the Convention, countersigned by On motion of Mr. ROBERTS, the Con- the President, as may be due for postage, rention then adiourneld not exceeding said sum of 1,500 and ihat 1i the Post Master be required to keep an get the attention of the President, as memaccount with each member of the Conven- bers had taken the floor and gone on to tion. speak without addressing the President. The report was accepted, the committee He moved that the resolutions be referred discharged and the resolutions laid on the to the commlittee on printing. table. lThe motion of Mr. BRITAIN was carried( Mr. VAN VALKENBURG, from the Mr. ARZENO offered the following recommittee appointed to invite resident cler- solution: gymen to offic.ate at the opening of the Resolved, That a celrtifcate of five dotdaily session -of the Convention, reported ars be drawn and rcesented to each menthat they had performed that duty; and ber of this Convention, to be used by such the commitee was discharged. memnber in the purchase of stationery. Mr. CRARY said the object embraced r RnESO^ L 0UTIONS., 1in this resolution would come Ip under Mr. GARDINER offered the followin co ttee on sppli Resolved, That a standing committee of and expenditures. He lmoved to lay the five be appointed to superintend the print- resolution on the table. Mng to be done for this Convention, to be e iesolution ws lid on the table. called the c(ommi-ttee on pxrintints nf Mr. ROBERTS offired the following re1Mr. COOK inquired what pritiing it is solution Jrtended to superintend. i^ten'ded to su-perinwtend..^ l vesoive, That a, committee on governMTr. HEASOCALL —-Reports of commit- 5mental and judicial policy of the Upper te.esf arnd such printintg as lthe C(1onvention Peninsular, be added to the standing. conmay rder. I; mittees, to ccn.sist of nine members. AdoptThe resolution was adopted, and the ed President a.ppointed Messrs. APDNER, A' N I. PERCE mo eit thait the ote 1ASC,.,, ~~~this extent. An innovation it certainly is, chamber, all was enveloped in darkness. recommended itself to but one which had recommended itself to He was further opposed to the institu- the judgment of the most substantial and tion, because under it the accused could practical men of the state, and had found not expect an examination in conformity distinguished advocates in some of the with the rules of law. He was examined principal legal periodicals of the land. We by men, generally substantial and intelli- were told that in this measure, if it sucgent, but who did not possess, and had too ceeded, we should take the lead. And why much good sense to pretend to possess, a should Michigan shrink from taking the lead large amount of legal knowledge. Hear- in a great measure of reform? She had say evidence, parol evidence of the con- occupied that position before. She was tents of records, and other irregularities among the first to abolish imprisonment for were naturally to be expected. debt: she was among the earliest to pass a The grand jurors, said Mr. S., were se- homested exemption law. Would she wish lected almost at random from the mass of to blot these facts from the page of her their fellow citizens; the magistrates were history? No! they were and always would elected with a view to their knowledge of be regarded by her with satisfaction and judicial affairs. Again, the proposed sys- pride. Abolish this institution, and instead ter was vastly better for the accused. He of being a source of mortification and dismight confront his accusers and cross-ex- grace, he had no doubt that this also would amine witnesses; he had the means provi- be contemplated with just state pride. ded to enable him to prepare for trial. Cir- Mr.. D. PIERCE said: Mr. Chairman, cumstances that appeared dark and suspi- I am decidedly in favor of abolishing the 6ious upon their face, he might, perhaps, be grand jury system, and I have no doubt ready to explain. the people of the state approve the measMr. S. appealed to the intelligence of ure. It is now a useless, burdensome inmembers of the Convention, whether, if stitution. More men are blackened by it they should be accused of any infamous than are protected by its operation. crime-and there was no man so elevated When first instituted it was of value. that he might not unjustly be suspected- Then the king, by his fiat, could send the whether they would prefer a secret exparte man to his creatures to be tried-to the examination, or choose to hear the testimo- dungeon, and to death. Then it was that the grand jury came up, and placed itself to guard his life, liberty or property, upon between the monarch and the subject. To the one hand; and upon the other, to insure the latter it afforded some protection. the arrest, prosecution and punishment of But the occasion which gave it birth has real violaters of the law. Such,, has passed away. We have no kiing to frown been the opinion of a-anlind for centu-ries -to send a man to his court to be tried -such was the design of the Barons of and executed. Besides, sir, the grand ju- Engand, when, sword in- and, they wrestry is a burdensome, useless expenditure- ed from an arbitrary and tyrannical British it is a waste of time and money, and there monarch the great charter of British libis no advantage resulting fro~a this institu erty. Sir, its objects and its effects, like tion at all commensurate with its cost. The the htbeas corpus act, were to secure the great purpose of it can be better obtained citizen against the tyranny of the governwithout than with its continuance. Tt is ment;. and the experience of centuries in. wholly ex prarte in ts action, and often England, and in ouer own country, has fulworks great injustice. A neighborhood ly demonstrated the fact, that in its opera. quarrel is kept alive, and brooded over tions it has not only fully met thie objects until the grand jury is convened, and then, of its ori.ginal creation, but has conduced, perchance, the originator and perpetrator in an eminent degree, to prevent the comof the wrong may go forward and swear mission of crime, as well as to, insure the his neighbor under indictment. punishment of offenders The grand jury, sir, is more of the na- But, sir, it is urged by gentlemen that ture of an inquisition than any other insti- it creates unnecessary expense. I, for one, tution of our country. The system is at do not believeit. Experience and observawar with the fundamental principles of lib- tion convince me that in points of economy erty-that every 1persoan charged shall be at it is preferable, far preferable, to any plan liberty to confr'ont the witnesses. In the grand proposed in its stead. Once abolish grand jury room this is denied. I go, therefore, juries, and every conceivable case has to. for abolishing the system-for cutting it undergo a legal investigation and trial beup, root and branch, trunk, twig and leaf. fore a committing or examining magistrate, Mr. HANSCOM said: Mr. Chairman, before the party charged can be put upon I have listened with much surprise to the a final trial befoe a traverse iuly. Grand proposition to abolish the institution of the juries obviate, to a great extent, such an,rand jury; and the arguments adduced evil; as it is only in the most aggravated in support of the proposed innovation upon cases, or when there is danger of the parthe administration of criminal law, are, to ty charged escaping, that complaints are me, of a most novel and extraordinary made and examinations bad; and, sil, it character. will take but a few criminal examinations I had supposed, sir, that the design and where counsel are employed, and witnesseffect of a grand jury was to subserve the es called, and contests had, to create an ends of public justice-to secure the prompt, amount of expense greater than is incurred efficient, impartial and independent admin- by the entire sitting of a grand jury. Take istration of the laws of the land, and at the any of the more populous counties of our same time to guard the rights of the citi- state as an illustration. From twenty to zen and secure him against unfounded ac- fifty indictments may be found at a single cusation. But we are gravely told by gen- term, and that term not extend beyond tlemen on this floor, and even by the gentle- three or four days. In view of the meetman from Calhoun, [Mr. J. D. PIERCE, that ing of this body no complaints have been grand juries are engines of oppression, and made-no expense incurred, no criminal tend to outrage private rights-create un- examinations had. necessary expense, and hinder and delay But, sir, there are considerations conthe punishment of crime. Such arguments, nected with this subject far more important coming from a gentleman of his extensive than that of mere economy,-public secureading and general intelligence, could only rity, the protection of the private citizen, be listened to with astonishment. I had the additional safeguard thrown around supposed, sir, that grand juiries were one him,'and the actual punishment of the reof the shields thrown around the citizen al ofgfeder-.against the lawss. Suppose, sir, an offence of the greatest magnitude is plied to the government, or of injustice committed, and the offender goes beyond towards the citizen. your jurisdiction-escapes to another state Mr. H. moved to pass over the section, or a foreign government; what will you so that after the committee should report substitute for the indictment of a grand the articleback to the Convention, he would jury upon which you would predicate a move torecommit it to the committee with requisition from your Executive upon the instructions so to amend the 9th section as authorities of the foreign jurisdiction, to to confer power on the legislature to probring back the offender- for trial and pun- vide by law for the trial of civil causes by ishment? a less number than twelve; and to authorBut, sir, it is charged that the tribunal ize a jury of a less number than twelve in is asecret one, and that by-its existence it courts not of record, and for the trial of is placed in the power of a vindictive and misdemeanors, in any court, by a number unscrupulous enemy to procure the indict- less than twelve. ment of the innocent. Such cases may Also, so to arrange the 10th and 11th have occurred, and doubtless have; but, sections, either by the substitution of an I venture to say, not successfully occur- additional section, or otherwise, as to prored as often as have prosecutions of such vide for indictments and presentment by a character before examining magistrates. grand juries in all cases where the offence As a general rule, the men composing charged would be punishable by imprisour grand juries are possessed of sufficient onment in the penitentiary. intelligence and integrity to detect and Mr CHURCH opposed the proposition counteract the designs of the malignant He believed the opiions o members had been matured on the su ect, andm they prosecutor or complainant. But, sir, ised on the subject ad they the substitute proposed (and the only one) were ready then to vote on the question. free from, still more serious —yes, ten fold free from still more serious-yes, ten fold If there was any one subject on which more serious objections? A single magis-they agreed, it was not to sanction the trate, and he perhaps leagued in feelingo present grand jury system. and design with this vindictive complin- Mr. J. D. PIERCE thought the question ant perhaps ignorant as well as knavish, had as well be met then. There was no -binds over or commits the innocent citizen object in recommitting, or passing it by. for trial. The public prosecutor has no dis- Mr. S. CLARK enquired to what comcretion-the case must go to a court of mittee it was proposed to recommit. record for trial, and the party charged is Mr HANSCOM-The committee on subjected to all the consequences that the Bill of Rights. would follow an indictment found by a jury Mr. S. CLARK said it would be useless, of his fellow citizens. except under special instructions. M. r. HANSCOM withdrew his motion. Mr. Chairman, I look upon this attempt e qestio ws then takenon. to abrogate this time honored institution as LARK'S amendment, and lost. CLaRK's amendment, and lost..a most: dangerous innovation; and I am Mr. SUTHERLAND then moved to fearful that the consummation would be end as follows fraught with most evil consequences; and ec. 10 Line 3. Amend by stliking out until something is -proposed in lieu of it- t nd in all civil cases in whic some plan by.which thedb great ends de- personal liberty may be involved, the trial signed to be accomplished by grand juries, jury shall not be refused." can be attained-I shall oppose their abro- preser the Mr. S said that section 9 preserved the ~gation~.l~ ~~i~right of trial by jury inviolate, and if so, It is not unlikely that evils have grown the words he proposed to strike from section:tup in connection with their organization 10, were mere surplusage. that call for a correction; and none will The motion to strike out was lost. be more ready than myself to aid in rid- Mr. TTFFANY moved to amend section ding the system of what is bad, and throw- 10, line 2, by striking out "to be confronted ing every guard around it that shall be with the witnesses against him." calculated to guard against abuses and pre- Mr. S. CLARK said, that proposition vent the possibility of negligeone, s - as ap as before the coi'ttee. They econs 15 dered it highly important that a party and see what their own wants demanded, should have the privilege of confronting and not go to other states for a rule of acthe witnesses. It was to get rid of the tion, which would be totally inapplicable loose and dangerous way of taking depo- to the condition of the State. sitions, which must grow out of the amend- The amendment was withdrawn by Mr. ment. If a party were subjected to incon- HASCALL, when veniences, they were inconveniences in be- Mr. SULLIVAN moved to amend sechalf of liberty.. tion 10, by adding the words "the instituThe a-mendment was lcst. tion of the grand jury is hereby abolishMr. HASCALL moved to amend by ad- ed." ding at the end of the section, "nor shall Mr. McLEOD said he wished to make any person be called to answer for any an experiment. He moved the committee criminal offence on the presentment or in- rise, report progress and ask leave to sit dictment of any secret or ex parte tribu- again. Lost. tial." Mr. COOK moved to pass the section Mr. CHURCH remarked thatin the case over. He wished to have further time to of a fugitive from justice, the proceedings consider the matter, as it was of vast inmagainst him must necessarily be ex-parte. portance. Mr. MORRISON, to avoid that difficul- Several other members having expressty, moved to amend the amendment by ex- ed a desire to have time to consider the cepting the cases of fugitives from justice. subject, section 10 was passed, and section Mr., CRARY said he was not prepared 11 taken up. at that time to vote for or against the pro- Mr. CRARY moved to amend by striposition. By the vote already taken, the king out of line 1, all after the word "pergrand jury system was not abolished. All son," to and including the word "( punishthat had been decided'was that future leg- ment," and inserting, "after acquittal, islation should not be tied down by consti- shall be tried for the same offence." tutional provisions. Under the constitu- Mr. C. said he considered the language tion, as it now stood, the system had been used in the section indefinite, and his amendcumbersome and expensive. It required ment merely proposed language more defithe grand jury to have cognizance of too nite and better understood. many offences. The amendment offered by Mr. CnrARY By the action of the committee thus faY, drew out some discussion as to the conthe question was left open to future- legis- struction placed by the courts on the phrase lation. If the committee wished to go fur- "' twice put in jeopardy;" when ther, all that was necessary was to intro- Mr. J. BARTOW moved to amend the duce a naked proposition to abolish the amendment by adding after the word " acgrand jury. They migh proceed without quittal," the words "upon the merits." hesitation to do so, if such were the will On motion of Mr. DANIELS, the comof the people. mittee rose, reported progress and obtainThe institution had been called ancient ed leave to tit again. and venerable. This wasnotso in its pre- The Convention then adjourned. sent form; and there was no institution so ancient, or so venerable, but he was ready to raze it to the ground, if upon careful EDSDA ) June 1 examination it was found to be useless. The Conventlon net at 8 o'clock A.., Action thus far had been safe-it was and was called to order by the President. left to future legislation to abolish the sv ayer bs. te Rev. Mr. TooER. tem, or. regulate it to meet the want s of Roll called, and members all present extern, or- regulate it to m~eet th~re w awa of the age and the demands of our inisttu- ept Messrs. MCCLELLAD and WIIPPLE, tions. If, however, the Convention wish- tsent on leave. ed to abolish, they could safely do so. It The journal was appoved.had been done to t great extent in sore of REPORTS. the other s4tates, and could be done in this, Mr. REDFIELD, from the commnittee on if' tlle.public sentiment is prepared for it. State office rs, except the Executive, reportIn all t eir. action they should look a round' ed the filiowing: XATICLE -. years, and one for six years. The Board. Of State Offcers.. of State Canvassers shall, on the first Iont 1. There shall be a secretary of State, day in January next succeeding such gene Superintendent of Public Instruction, a eral election, meet at the Capitol and de. State Treasurer, who.shall be ex-offi- termine by lot which of said inspectors cio Commissioner of the Land Office, shall hold his office for two years, whict.an Auditor General, and an Attorney for four years, and which for six years. General, elected at each biennial general And there shall be one elected at, each election, who shall hold their respective general election thereafter, who shall hold offices for the term of two years, and shall his office for two years. perform such duties as may be prescribed The article was read a first and second by law. time by its title, and referred to the com2. The terms of fice of the incumbents mittee of the whole and ordered printed. to be elected under the foregoing provi- Mr. KINGSLEY, from the committee sions, shall commence on the first day of on the seat of government, submnitted the January, 1852, and of every second year following:thereafter. ARTICLE - 3. Whenever a vacancy shall occur in Of the Seat of Government. any of the above mentioned State offices, The seat of government of the State the Governor (by and with the advice and shall be in the township of Lansing in the consent of the Senate, if in session,) shall county of Ingham, where it is now located. fill the same by a temporary appointment, And the same was read the first and to continue until the office can be supplied second time by its title, and referred to the by an election, at such time and in such committee of the whole. manner as shall be provided for by law. RESOLUTIONS. 4. The Secretary of State, State Treas- On motion of Mr. BEARDSLEY, urer and Auditor General shall keep their Resolved, That the committee on the juoffices at the seat of government, and shall dicia.ry department be instructed to inquire constitute a Board of State Auditors, for into the expediency of prohibiting appeals the examination and adjustment of all and certioraris, and of providing for new claims against the State, not otherwise pro- trials instead thereof; and also as to the vided for by law, or specially referred by propriety of making a second verdict or the Legislature to some other tribunal, judgment in favor of a party final and irAnd shall also constitute a Board of- State reversible in all cases. Canvassers, for determining the result of On motion af Mr. CORNELL, all elections for Governor, Lieutenant Go- Rsolved, That the committee on townvernor, Judges and State Officers, and of ships be instructed to inquire into the exsuch.other elections as shall by law be re- pediency of abolishing the offices of asferred to said board. sessor, commissioners of highways, and di5. In all cases of two or more persons rectors of the poor; and empowering the having an equal and the highest number Legislature to provide for the election of a of votes for any office, as canvassed by supervisor, township clerk, and treasurer, the Board of State Canvassers, the two who shall, together with the oldest justice Houses of the Legislature, in joint con- of the peace, constitute the township board vention, shall choose one. of said persons and board of elections, and who shall perto fill such office; and in all cases where form such other duties as shall be prescrithe determination of the Board of State bed by law. Canvassers shall be contested, the two On motion of Mr. WELLS, Houses, in joint convention, shall direct Resolved, That the committee on educawhich person shall be deemed to have -tion be instructed to inquire into the probeen duly elected. priety of reporting a constitutional amend6. Three inspectors of the State Prisor ment which shall forever prevent the Legshall be elected at the general election; slature from enacting any law relating to which shall be held next after the adoption the university and school lands, unless of this.Constitution, one of whom shall such law is general in its application and hold his office for two years, one for four effect, 60 On motion of Mr. MORRISON, a large majority of the different States. Resolved, That the -committee on the We understand what it means. It has obelective franchise. be instructed to inquire tained a legal construction. It is what we into the expediency of. incorporating-in the want, as it conveys exactly our meaning. -Constitution the following provision: " that Now, by putting in new language, I care,for the purpose of voting, no person shall not how plain we may make it, it will not -be deemed to have gained or lost a resi- be settled until there has been adjudication dence during his attendence as a student uponit. People cannot tell whatacljudicaof any seminary of learning." tion will be made upon any particular set of On motion of Mr. COOK, the Con- words, and as we know what this means vention then resolved itself into committee why should wve alter it? I therefore hope of thewhole, and resumed the considera- that the section will remain as it is. ltion of "Article 1, Bill of Rights," Mr. The amendment to the amendment BRITAIN in the chair. was adopted. * Section 11 was then read-No person, Mr. WALKER-I believe that the orbi for the same offence, shall be twice put in ginal section, as expressed in the bill, is jeopardy of punishment. All persons shall, more explicit, and has a better settled before conviction, be bailable by sufficient meaning than the amendment. sureties, except for capital offences, when Mr. ROBERTSON-If we adopt this the proof is evident or the presumption amendment, it will be necessary to prove.great, and the writ of habeas corpUs shall whether the case was tried upon the merits naot be suspended, unless when, in case of or not. Suppose that it was not a good rebellion or invasion, the public safety may indictment; that neither the Prosecuting require it. Attorney, nor the court, nor the jury saw The CHAIR-The question is on the that there was any technical defect in the amendment, by Mr, BARTOW, to thel indictment, how shall it be known after*amendment of the gentleman front Calhoun, | wards whether the case was tried upon its [Mr. CRARY.' The original section you have merits or not? By calling in counsel, or heard. The gentleman from Calhoun the bystanders, to show how the case was nmoves to strike out "for the same- offence decided? And can this be called al inm-,shall be twice put in jeopardy of punish- provement; or that it mends a matter that ment,)" and insert, "after acquittal for the was before clear, by leaving it thus undesame offence." To that amendment the fined and unascertained, as all would siy gentleman from Genesee moves the follow- the testimony of witnesses in such caing: After "acquittal," insert the words ses would be? Calling again the jury; "'upon the merits." having in effect a trial within a trial, to see Mr. BARTOW, of Genesee-It seems whether the merits were really canvassed to me that the amendment to the amend- upon the former trial? And shall N,,we.ument is ~proper. The original words have change a well known ru!e of law for such a definite and well understood meaning, a vague course? Is any thing gained by and cover all the ground assumed by the it? A gentleman said they are words not.gentleman from Calhoun. If the amend- understood by the masses. I will at any ment to the amendment is lost, we shall rate vouch for the knowledge in that reincur the charge of essentially chang- spect of the masses of Macomb. And, ing the laws. It will permit a crimi- sir, it cannot be true, that in this age of nal to escape upon a mere technicali- progression, we should so far have retroty. We do not wish to make a law graded as not to understand the use of a that should have this tendency. If the simple word in the English language? amendment to the amendment is adopted, Where is the gentleman who will tell me.we shall show to our courts that a mere that the word " acquittal" is better, or more technicality will not shield a criminal from easily understood, than the word in the a second trial. original section? And sir, I was astonMr. FRALICK-I consider the language ished, in the debate yesterday, to hear gen-of the section, as it was reported, as tlemen use in explanation, the words used nearly right. It is the language of the by the committee. They said by "acquitConstitution of the United States Bid of tal," they meant that a person should not 6.1' be tried again; that he should not be put have a multitude of decisions to give exagain in jeopardy. Surely, sir, a word planations and meanings. used as an explanation cannot be so hard Ve know that the meaning of the words to be understood as an original. It speaks has been questioned by the ablest lawyers very little in favor of the masses, to suppose of the land. No coomplaint is more cornthat the use of a simple English word is mon than that language is employed that a mystery; and there is surely intelligencQ is unintelligible, when other. terms might to follow out the long, well settled con- easily be found that would obviate the difstruction which is found in our courts. ficulty. It is to meet this complaint that.You may simplify, until by that very at- this amendment is proposed, and on that tempt, probably, you introduc new rules. ground I shall support it. t seemas to me, therefoie, that the amend- Mr..1OBER.TtSON -I-I would explain, ment ought not to prevail. that there has been no difficulty at any Mrl. J. D. PIERCE —I w1ould ask the gel- time with the lawyers, the clergy or laytieman from Maconib one question: If it h ms men, with respect to the meaning of the been so simple, so plain, why has it been original clause as reported. necessary to have any adjudication upon What is "put in jeopardy?" It has the subject? been decided that a person was only put Mr. BEARDSLEY —I am opposePd to in jeopardy when the indictment under Mr.'BE, al opposed to which he was tried was a good and valid the amendment as it now stands, witte ih he e was tled was a good and walid indictment. If this amendment were amendment to the amendment engrafted. a acquitted, unless e upoot adopted, would there not be the same neAfter a, man is c acquitted, unless we uprootessity for adjudication on the words used fundamental principles, we cannot ask the there? Itmight defeat the end ofuscourts to reverse their verdict. And I ice. ne man would construe it as wit hi i l l not tice. One man would con-strue it as trust that this Conention will not uproot eaning one thing, and another, another. laws that are respected even under tyran- iictment miht be nical governments. When an individual o n quashed on the quibble of an officer, and the criminal has been once tried, that he shall never of off nd the in again be put upon trial for the same of- might go nn ippedof stice. The con struetion of the meaning-of the words fence, is a principle in all'laws; and it is s tion of te nin the word used inl the ori(inal is settled, but the new a, pity, while we are boastig 01of our pro- will have to be settled by a course of degressive freedom, that we should enact any cisions law that would tend to perpetuate oppres- said e had heard a gre sion. If it is so simple and plain, as the n of speec he the amendment gentleman'fron Macomb remarks, why was nmber of speeches ool the.If; er h proposed. He wished a statement of the it necessary to adjudicate upon it? And, if it. required a legal explanation, then itxcepton e a son is nt put in canot be plain to the people. eopardy by being tried by a jury. He canot be plain to the peoplecalled on the gentlemen who opposed the Now, sir, I think that every thing that amendment to name these exceptions. we do, all the language that we use, should When named, they would show that the be so plain, that the man who runs may amendment was proper, and was at the read. As the amendment to the amend- same time expressed in words that all ment stands, I shall vote against it, but am could understand. It was said that the in favor of the original amendment. old phraseology was easy to be underMr. SULLIVAN-I understand it to be stood, and yet so late as the year 1824, conceded that the language of the amend- the Supreme Court of the United States ment does not differ materially from the had been called on to make a decision language of the original, and the only ob- on the subject. After having two or three ject proposed is, to introduce language that more decisions, all might be informed what will be more distinctly understood. it was to be twice put in jeopardy. Now, it being conceded that these two Several of the new constitutions had terms are precisely of the same significa- laid aside the old phraseology. He named tion, how can difficulty arise about pa- among the number, Rhode Island, New rol testimony? It is idle to say that this Jersey and Iowa. Others retained the lanlanguag-e is clear and definite, when we glaoe, and as it was used in the constitu16 tion of tie Unitted States. -He preferred Section 12. Every person has a right to the languag'e of the amendment, and hoped bear arms for the defence of himself and it would be adopted. He, however, want- the State. ed the explanation of the delegate from n Mr. BAGG moved to insert the word Macomb [Mr. ROBnERTSOS] of the words "white" between the words "every" and "twice put in jeopardy," and he would'person." take his seat for the purpose of hearing Mr. B. said-I more the amendment it. simply because I wish, so far as our sable Mr. HANSCOM called for a division of population is concerned, under the operathe question. tion of our laws, to keep them in their The motion to strike out prevaliled. present sphere. I would extend to them The question to insert was carried, benefits and charity, &c., &c., but I would Mr. LOVELL moved to strike out"cap- not let them come into our civil, political, ital offences" and insert "murder and social, conjugal or connubial relations. treason." Mir. WILLI AMS-I would like to put The amendment was carried. one question. I know in Kalamazoo a Mr. ROBERTSON-I would' suggest native born citizen, a man of large possesthat the words "writ of hcabeas corpt.s," sions, who is a black man. Would you in the third line, are obscure. I am satis- not put the means of self-defence in that fled the masses are unable to understand man's hands? If a gang of kidnappers them, and wish some gentleman to ex- were to come into the State, would you plain them, as I feel incompetent to throw deprive that man of the means of defendout any suggestions myself. ing his home, his children and his propMr. SKINNER moved that section erty? eleven be amended by adding after the Mr. BAGG-There may be isolated word "merits," the following: " Provi- cases of individuals to whom I would exded, however, that no acquittal or convic- tend more liberality than to others, but tion on his own complaint, or at his in- must go on general principles, which are stance, shall be a bar to a second trial and so extensive that I should have to forego conviction for the same offence." them, as they cannot adapt themselves to Mr. HANSCOIM-The original section, isolated cases. This is a general principle with the many amendments, is so ob- which I look to. Colored people, negroes scure that we cannot understand it. and Indians should not be allowed to bear Mr. SKINNER —I do not know that the arms with us. Itwill be madea prelext with phraseology is correct. My object was them to get into other circles. I am for merely to prevent asham trial. An of- keeping them where they are, believing fence is committed, and the criminal insti- them to be a species at least one link begates a mock trial against himself-a small neath us. The moment you let them into fine is imposed, perhaps, for a grave of- the political circle, you open the social and fence, and thus the ends of justice are de- every other circle. I trust the Convention feated. will never leave out the word "white" in Mr. WITHERELL-There would have the organic law. been no occasion to amend had the section Mr. BUSH would ask tile gentleman stood as it did originally, because the word from Wayne if this was a new feature in "jeopardy" covered the whole ground, and the constitution. adjudications have been made upon it. Mr. CORNELL-This would take away We shall, by the method we are pursuing, his natural rights, the right of self-derequire new adjudications upon new sub- fence, which has never been given up. jects. The courts have decided, again and Mr. McLEOD-There is an old Latin again, that no prosecution upon a com- maxim, "satis est leoni prostrasse, which, plaint of an individual himself, or at his translated, signifies it is quite sufficient for instigation, will excuse him from an in- the lion to have conquered. He goes no dictment for the offence. It may be ne- further-he does not insult. This unfortucessary now to introduce it, as the amend- nate class of people are thrown almost oat ments have been carried. of the protection of our laws. They are The amendment was lost, named with contumely and reproach, They are not permitted to exercise the understood that the Legislature had, franchises which those who are distin- from time to time, passed acts that guished from them by the mere accident have eLected the remedies relatin" to conof color exercise. It is sufficient that we, tracts. in our p-ower, go thus far, without going The remedy, if not the obligation of still further and adding insult, contracts, is effected if the Legislature I know many, both among the Indians shall pass any act changing the time of and negroes, who, in point of intelligence, payment, and making the act applicable to virtue and personal appearance, in all that existing contracts. The Legislature have, elevates the man above the brute, are at at different times, passed exemption and least equal to the delegate from Wayne, stay laws that have operated retrospective. [Mr. BtAG.] ly; and the time of redemption upon mortMr. CROUSE would suggest the propri- gage sales has been repeatedly changed, ety of amending by striking out the word and he [Mr. B.] believed the courts "'person," and inserting the word " citi- had decided that the law applied as well to zen." mortgages existing at the time of the pasMir. WILLIAMS would ask the gentle- sage of the act, as to those subsequently man from Livingston [Mr. CRousEJ if he executed. He proposed that any alterawould not allow the women to defend them- tion in the laws relating to the collection of selves. debts, as in any way effecting contracts, The amendment offered by Mr. BAacC should have a prospective effect. Otherdid not prevail. wise, where is the safety of the parties to Mr. BAGG moved to strike out the a contract, if the Legislature shall be perwords " and the State." In that article mitted to step in and say that any part of it would incorporate the colored population the remedy may be changed. The renewith our white citizens. He was opposed dy should be as sacred as the obligation of to obliging them to do military duty, and the contract itself; and yet, our Legislathus insinuate themselves among us. tures have acted upon the principle, that if The amendment was negatived. the obligation of a contract remained the Sec. 13. The military shall, in all cases, same, they were at liberty to make any and at all times, be in strict subordination change in the remedy that their wisdom or to the civil power. interest might dictate.' He [Mr. B.] wishSec. 14. No soldier shall, in time of ed by this amendment to prevent such vaspeace, be quartered in any house without cilating legislation in future. the consent of the owner; nor in time of The amendment did not prevail. war, but in a manner prescribed by law. lMr. BUSI proposed to amend by insertMr. S. CLARK moved to amend by in- ing after the word " contract," " or retroserting after the word "owner," the spective.exemption law." words "or occupant." Mr. WITHERELL did not know how Mr. WITHERELL was opposed to the far that language would extend; whether amendment, because it-was unnecessary. beyond the 16th section or not; and whethIt is always understood that the person oc- er it would not require sone adjudication eupying a house, so far as that is concerned, as to the meaning of "exemption." It is not is the owner. a term known to our ancient laws. Mr. S. CLARK would leave out the ne- Mr. BACKUS had no doubt but some cessity of such a construction, by making such provision as that intimated, would be the language clear and explicit. extremely desirable, to render plain the The motion prevailed, position the Legislature holds in relation to Sec. 15 read. contracts or remedies; but the one passed Sec. 16. No bill of attainder, ex post upon, and the one before the Convention, factolaw, or law impairing the obligation must be subject to serious objections. No of contracts, shall be passed. doubt the present construction of the artiMr. BUTTERFIELD moved to amend:cle contained in the'Bill of Rights in our by adding after the word "contracts," the constitution, as well as similar provisions wtrds "or their remedies." in the constitutions' of other States, andi Mr. B. said tle believed it was well the constitution of'the United Sttes, is, 64 that it comes within the plurview and scope previously held to be inniocent, without of the constitution of the United States, such change being'made before the cointhat the several Legislatures shall not h ave mission of the act. So with- the word the power to impair the obliiation ef con -'"eemption;" that likelwise hias not a fixed tracts. The Supreme Court holds that it judicial meaning. I think the objeet of the is a part of the constitution of the United gentleman would be obtained without the States. lse of any words that would be plroductive That our constitution slould declare of litioation. When the emedy enters insomething of the kind, is necessary. Al- to a p:ut of the contract, the Legislature though the Legislature rmight pass such has not the power to interfere, under the laws, the courts could not (gie them effect consttitution of the United States. If we so as to impail the remedy of a nontract do not go as far, or equal to the provisions made under a given lawx. Thle proposi- of the constitution of the United States, it tion under consideration appeared subject will be of no use, as grounds will always tosome objections. If mnolified, he L[Mr. be taklen upon the highbest authority;- bhut B.] would cheerfully go for it. we may go farther, and properly so, in faMr. BUSH-MIy attention was.drawn to vor of our own citizens, provided wse do the subject by the amendlment which was not run counter to the constitution of the voted down. I sent up the resolution mere- United States. ly that this Convention might establish the FRALIK Io w y col-., _. - 1 -. Ir. FRALICK- I a0.gee wiltlh my' colprinciple, and in'some way cover the views diicu which I- wish to express. It is true, sir, a otleate e ul People likce me, not leartned in tlie law, that the supreme court has estalblished at oe l me pposed t the emedy *migtit have supposecd thcat the lemedy to nrineiple with regard to retiospectixve lawx m a o t pr-ciplewithregard toretrosp as; enforce a contract was a part of the conbut what has been the action of the Lei- ntce c at l a a pa it of the con tract itself; at any rate, I would like to lature- of Michigan? Have not such laws knowwr vhatt is the, ue of setting' forth an been passed from time to time? Tie ex- obligntion, if there is no remedy? If a emption law of 1842 was retrospective. a for a Since'that time, even the remedy xhich mall agrees to pay me af I have sume for a was reserved for the creditors has been ertan th done, if I hae no remelty, ur cannot use - the remnedy, or the. Ie-oislactu're taken away. The character of the leg- teec;:so taken away. The chaacter of he le steps in and takes away the remedy,: is rpt islation of the State has been contr" iar,3yt islation of tihe State has been con~trair~y ^the oblioation of the contract taoken away? to the decisions of the Supreme Court Tle slatu of 1 42 palsed an act tiThe Legislature of 1842 passed an act reof tle United States. And m y object;in` intro~dnehlgo tlhis lresolhtlto1 isr, king away tihe remedy; that is, they said that I wish it to be istinctly tio,that the laws enforcing, execution previous that I wish it to be distinctly umlter-,_,~,.,,, *'.,, to that year should not. be enforced; and stood that if such laws are passed, they o tat yany person on this floor could are passed right in the face oftthe coinsti- proably y pesos ts floo could testify to that fact to their gireat injury. tclearly that none cant is pointed. o N0Now, if this Convention is going to sancclearly that none can niist-ake. on tnis doctrinew, w ouht to know. it.,I Mr. WITHERELL-I think the lan- the of th l guaSge of the original section is not: suifi- thi, s', tit ohe passao i e f;ise al ciently explicit. In the first place, it savs se e p e tis tat to be el -"no billof at^taindei" Well, wvhat is abill up as a by-word and a reproach. We were told we were not to be truSted. We of attainder? It was a power whicl the aree to do a t Cer ai thin, nd afite r We British parli.ament possessed. by which by do a. ed afe hadgo t their.property, we did not pay them an act, they could seize and hang a man -or it.o teif pope ty, ohave exemptions, whye.probably draw and quarkter him-. without for it If we e to I ive exemptions, why.prb abl dr a w and *uaice im — it o *let it be so; but let every contract be any trial at all —without a hearing, even, l it e so btlt e y cotact e if he was beyond the seas. Well, whatis lfilled a i was made. I it is tought best to let the Legislature clhiag'e the ieinan ex post facto law? If there were no besttole the Legislurechnethereljudicial interpretations, wve should natuial- edy, let us so state it, but do not let us rue ly say that it applied to all contracts. But language that may tend to deceive. the courts:: of judicatory will say. that it Mr. WARDEN moved to insert after merely means that none shall be punished the woird "contract," in section 16a, "and as a Ori;ia!l, for acts w.hic t, e lo s, no! law altering or changing any law ez 65 empting property from levy or sale on ex- in respect to contracts entered into preecution, having retrospective action." vious to their passage, and not within the The question being taken on Mr. WAR- prohibition DEN'S amendment, the motion to insert Soon after, the same question came bewas lost. fore the Supreme Court of the State of r. BUTTERFIETLDC offered. the ~follow- New York, and that court, carrying out the reasoning of the U. S. Supreme Court, ing substitute for section 16: "No bill o attainder, epost fao law, held such laws within the prohibition, and D_ 1 b@ of aaid, e-o. i fa lawv, as to previous contracts, unconstitutional. either civil or criminal shall be passed, nor o prvi s, uncon t w. im p i. th o o So that the decisions of the courts of any law impairinlg the obligation of a cons any w impairing the obl ion a con- New York and of this State are opposed tract, or the remedy existing at the time e such contract shall be made." to each other, on this point, and it has MXr. HANSCOM moved to strike out been thought best, so I am informed, to,bill of attainder." As fa as any practi- present the matter directly to the Supreme Tl roe aainde e n ut- Court of the United States for its decision. nl purpose was concerned, we might just As this is an important question, it may as well enact that the Council of Ten of rVenice, shoul. not govern us, or t1 the be proper for the Convention to settle the Venice, should not govern us, or that the 1 ar of Juggernaut should not drive p point now; and perhaps it can as well be ~p *i 0 u T l n ul? to - done in the Article before us as in any the capitol. He did not press the motion, inthe Arle before as n any but merely mentioned it on the principle otherw X a that the declaration of the Bill of Rights in. hiciFANY-There are mlany cases should be as simple as possie. in which it is necessary that the legislature should be as simple as possible. The motion was -lost should have the power to pass retroactive The motion was lost. laws, and there are cases in which it would *Mr. GOODWIN said that before dis- not be so. I therefore concur with the posing of the question, it would be proper gentleman from Wayne, that we should to refer to the state of judicial decisions re- know specifically how far the constitution dlaiing to it. -is to prohibit the legislature from passing Under the clause of the constitution of retrospective laws. the United States prohibiting State Legis- Mr. WALKER-It seems to me that the latures from passing laws impairing the amendment now offered would lead to obligations of contracts, the Supreme endless difficulty, and does not assert acorCourt of the United States had some time rect principle. I believe, sir, that we should since made two decisions bearing upon it. not stop here, but should look at both sides Onewas the case of a law of Illinois in of the question. Gentlemen talk about relation to mortgages, extending the time the rights of the creditor; but is the credib of redemption, and declared to be invalid tor only to be protected? Has the debtor with respect to pre-existing mortgages. no claim upon us; and do you not impair In the other-the appraisement laws as that claim by the passage of any more they are called; laws prohibiting the sale of stringent collection law? I see no reason -property on execution when a certain ap- for putting this guard on the one hand, praised value was not reached-were deela. and not on the other. The laws specifyred withinthe provisions, and invalid with ing the time that execution shall be stayed, respect to previous contracts. we cannot change, without leaving all the Soon after a case came before our Su- laws in operation under which contracts preme Court in respect to our exemption were made. This would introduce confulaws, which it was urged were ilivolved un- sion in the administration. It ties up the der that provision and for similar reasons. hands of the legislature, if it does not give The Supreme Court of the United States the same bsnefit to the debtor as the credi. had, in some of the opinions delivered, tor.,! rather prefer the amendment of the used language to the effect that State ex- gentleman from Ingham, than that of the emption laws were not within the prohibi- gentleman from Wayne; but the better; tion; and our court did not feel bound to place to insert it would be in the provision carryout the principle of reasoning of the relating to the exemption of property-from court beyond the limit prescribed by them- execution. It would give it a more defiselves, and held the exemption laws valid nite meaning. It is better to pass tt now, 17 so as to incorporate it in tile provisions of lieve in the present day, amongst our Cathat bill. nadian friends, they put them in the "blackl Mr. J. D. PIERCE —Mr. Chairnlan, of hole" until they pay. But about the old what importance is it to take care of law of Roome, this 427 years, I do not the debtor? He is of no consequence. The know any thing about it. gentleman from Wayne avows it to be his Mr. PIERCE —Go to the law of the object, by his amendment, to take away all Twelve Tables. power of action by the legislature in this Mr. WITHERELL-The law of the matter, so that they shall pass no law Twelve Tables, was it? Well, cutting a which shall effect the remedy of the credi- man up on the Guinea scale, might do in tor against the debtor. Buthe is disposed California; it will not do here. The amend — to allow the legislature to pass laws still ment of my friend from Waynie operates more stringent against the debtor; to draw equally well upon both sides. the cord still tighter. Such, sir, has been Mr, REDFIELD-I was in the legislathe legislation of ages, upon the principle ture, and voted for these relief laws that of government taking care of the rich, and have been under discussion, and I look the rich taking care of the poor. Sir, look back to it with pleasure. I find that the to Ireland; there the rich have been taking laws have been universally approved,:and care of the poor for centuries, and they I now think if any thing of the kind is emare taking care of them yet. So, in Great braced in the constitution, it will be the Britain; there too, the rich have been taking main cause of its rejection by the people' care of the poor for generations, and they I am confident that any thing tending to are yet doing it; and so the old world over. restrict any contingency that might arise The rich are taking care of the poor, and would be unfavorably received. the great mass of the legislation of ages Mr. FRALICK-I understand that this gone by has been for the express pur- is to settle a principle-that is, whether we pose of providing laws and means to wish to live up to our contracts or have the enable the rich to do it most effectually. privilege of referring to the legislature of And they have succeeded to admiration. the State, after getting other peoples' proBut, sir, what is a contract? Is it not perty, to shelter us fiom npaying for it asw a voluntary matter between parties?- agreed. Why, then, should the State step in when The gentleman from Cass considers it a the relation is formed, and put its credit to the State to pass laws having rewhole power into the hands of one of the trospective action; in other words, that we parties, to crush the other? Where is the may be allowed, under one set of laws, to -right, the justice? And, because there get other peoples' property, then apply to has been some little legislation within some the legislature, and get those laws changed few years past, in favor of the man and so that it is impossible for the creditor to get his family, in favor of humanity, to pro- his own. Now, sir, I, for one, do not contect the debtor class against the all selfish- sider such a course of conduct creditable ness of the other, what a hue and cry! If to the State. But if we are to have -A gentlemen want more stringent collection homested exemption-a large personal exlaws, and if such laws are evidence of high emption-let that then be the order of the civilization orrefinement, let them go back day. But I do want the principle fixedc to the old Roman code. That contained that no remedy shall be impaired; that laws tolerably stringent, which were in op- when a contract is made, that contract shall eration 427 years, and were a part of the be enforced, and the people of the State Twelve Tables for 120 years. That code will not ask, at least they ought not to asky provided that when the debtor failed to for any thing different. pay, his creditors might cut him to pieces, Mr. VAN VALKENBURG-I- trust each of them taking a share proportioned that no restrictions will be put upon the to his demand;: and there, sir, you have legislature upon this subject, It appears your scales of justice. toame the gentleman from Wayne misapMr. WITHERELL-I do- not suppose prehends our meaning. It is not for the that any one here wishes to make a more purpose of breaking contracts, but for the stringent law. In former times, and I be- purpose of protecting the poor honest man 67 from undue severity on the part of his cre- that the poor man, entering into a conditors —for the purpose of. preventing any tract, shall have all the benefit of the laws Shylock from exacting the pound of flesh. which he knows to exist at the time he enAnd, sir, I wish for no restriction, because I tered into such contract. believe with the gentleman from Cass, that Gentlemen have said they were members the laws alluded to that were passed for the of the Legislature when certain laws were relief of the people met with general ap- passed, and felt happy to rejoice over that probation. We want, if a similar contin- fact. How many a poor man's farm was gency should arise, to have a similar pow- mortgaged under the law giving two year's er of protecting the people, that the honest redemption after sale, who finds that the man who has toiled, for a little pittance Legislature has seen fit to change the time shall not have wrested by a hard hearted of redemption from two years to one? Is creditor the means of supporting his fai- this legislating for the benefit of the poor ilv. man? If so, gentlemen are welcome to MXr. BUSH-I have never exacted the all the gloy to be obtained therefrom. pound of flesh. I seldom, if ever, enforce The principle involved in the different the law; but in forming a constitution for amendments and the substitute proposed, the government of the legislature and the is simply. this: shall the people of this people, and defining the original laws of State hereafter have the privilege of mathe land, we should have principles, and king contracts in accordance with existing have them clearly expressed. It is not, laws, and enforcing these contracts accord-..ir, whether 100 or $1000 should be ex- ing to those laws, without a subsequent erpt from execution; but that legislation Legislature having the power to alter, mashould be uniform. Our principles should terially,. the nature of the remedy? And in be clear, and such that the Supreme Court, this the poor man is equally interested with vhien it makes its decisions, will concur in. the rich. All classes are interested alike Ilearn from our presiding officer that the in having a permanent system of legislaSuprepme Curt of the State of New-York tion. I am utterly opposed to any legisla-,and the Supreme Court of the State of tion for the benefit of a class. The rights'ibchigan differ in their decisions about the of all should be equally respected, by ma — constitutionality of exemption laws. What king the remedy as sacred as the obliga-.a view does this present, when learned ju- tion of a contract, of which'it is a part. dicial tribunals differ 1'Does it not show: Mr. VAN VALKENBURG —I supthe necessity of simplifying our principles pose that we came here to represent the of government, so that all can understand? interests of our constituents, not our own And when we have done that, we have done views and feelings. We are bound to conwhatthe people ask. I care not whether sider the voice of the masses. I hold that the people accept or reject this constitution. we are the servants of the public. I hold It is not for me.to inquire what the action to the doctrine ofiinstruction; and we should:of the people will be. It is for me to do endeavor to incorporate in our acts what myj duty. That duty is to protect each we know to be public sentiment. man in his person and property, and that Another sentiment that I have heard should be clearly understood, and not left about the constitution of the State of New to a vague uncertainity If the principle York. Sir, I am a native of the State of is pushed to its extreme verge, an equal New York, and I refer to her with pride, distribution, of property throughout the but it is not proper that the talent and inland, I shall still be in as good a position tellect of this State should be made to folas the gentleman from Cass. But let us low the. State of New York. The do justice, though the heavens should fall! State of Michigan has advanced ahead of Mr. BUTTERFIELD —It is said that the State of New York in many respects. the object of the, proposed amendment We may appeal to our own courts and our was.t. prevent legislation for the benefit of own decisions with pride; and, I doubt not, the poor man. I disclaim any such inten- we shall have a constitution that will comtiqn. I.believe the effect of the amend- pare well with the constitution of the State ment is that the rights of all, whether of New York, rich or poor, shall be equally protected; I hope that the Legislature will not be riestricted;-that they will be at liberty to STOREY, tlhe committee rose, reported protect the laboring man from the oppres- progress, and asked leave to sit again. sron of. a hard-hearted creditor. The committee, through th-eir. chairman, The CHAIR-The question now is ip- oreported the article back to the- Conven on striking out section 16, and taking up tion, and asked and obtained leave to sit the substitute of the gentleman from Jack- again. son, that "no bill of attainder, or ex post On motion of Mr. STOREY, the Cona facto law, either civil or criminal, shall be vention then adjourned. passed, nor any law impairing the obligatioin of a contract, or tle remedy existing TnaURSDAY, (1th day,) June 13. at the time such contract shall be made.5 Prayer by the Rev. Mlr. ATTERBURY. A division of the question being called PETITITOS. for, the committee ref lad to strike out By M. P. R. ADAMS: of JOHN CRAWsection 16. FORD and 108 others, of Lenawee county, Section i7 being under consideration, relative to the management of the State On motion of M r. WITFHIERELL, it was Prison. Referred. amended by striking out "and unjust;" By Mr. TOWN: of John MABBs and 6 and inserting "or unusual." others, praying that the word "white" be On motion of Mr. WILLIA lMS. section dispensed withl in the revised constitution. i8 was amended by adding at the end Rleferred, tilereof: "private roads may be opened in REPORTS. the manner to be preseribed by law; but Mr. RAYNALE, from the cimmittee-' in every case the necessities of the road, invite the resident clergy of this village and the amount of all damage to be sus- to attend alternately and open the sessions tained by the opening thereof, shall be first by prayer, reported that they had performdetermined by a jury of freeholders, and ed that duty in part, and that the Rev. Mr. su-ch amount, together with the expenses ATTERBURY, Mr. SANFORn and Mr. TooKof the proceeding, shall be paid by the ER have been in attendanice. And the person or persons to be benefitted." Rev. Mr. ATTERBU' has directed the comMr. WITHERELL moved to amend mittee to say to the convention that he desection 18 by adding after "for," in the dines any remuneration n the maner first line, "the use of the State or of any proposed corporation;" and by adding after there- The report was accepted and the cornfor," the words "previously made therefor mittee continued. -or tendered.'" On motion of Mr. COOK, 5W1hich was not adopted. The convention then resolved itself into - TI N ts committee of the whole, and resumed th Mr. TIFFANY moved to amend as fol- consideration of Article 1, "Bill of Rights," lows: add at the end of section 18, "first Mr. BRETAI in the chair. paid or tendered, or otherwise disposed of, The CHAIR stated that the question as shall be prescribed by law, for the ben- on the amendment offeredby the del-'efit of the persons whose property shall be ea f om Wayne, [Mr. VITHERELLd ] to egate from Wayne, [Mr. WITIARRELL,; tO intended to be taken, except when to be the amendment offered by the delegate appropriated for the benefit, of municipal from Lenawee, L[r. TTFFANY,]to the I8th corporatio-ns, for common ro ads,, or the' ro.en State.'" i1 Mr. TIFFANY corrected his original Which motion was lost. proposition so that it should read: add at On motion of Mr. HANSCOM, the last the end of the original section, "first paid vote was reconsidered, and the question or tendered or otherwise disposed of under being on the amendment of Mr. TIFFANY, provisions of law." Mr. WITHERELL moved to amend the The question being on the amendment amendment by adding after "therefor," in to the amendment offered by Mr. WITHfirst line, "nor for the use of any corpora- ERELL, by adding after the word "therefor," tion with;outcompensation previously made in first line, "nor for the use of any cor"or tendered."' poration, without compensation previously Pending which, on miotion of Mr. made or tendered.' -9:.Mr. W. said: The amendment ofered by tion e tthe moad. A question has arisen in the gentleman from Lenawee might cover the Supreme Court, whether' such authorthe ground; if se, a good and valuable pur- ity to appropriate private property- was posewould be answered.- The State would lawfully conferred. The determination of be left as it now stands under.-the present that question. will depend upon the fact, constitution. By the amendment proposed, whether the corporation is public or pripayment for the property would be required vate. If, by the terms of their charter, the from corporations previous to takingpos- company are bound to transport persons session. He believed the.State would al- and property over their road upon payways be ready to meet its engagements. ment of a reasonable toll, then the use beWith respect to roads, he saw no necessity comes public, and the authority to approfor any provision. The public roads do priate private property was properly exernot belong to corporations, but to the State. cised. - On the contrary, should it turn out There has never been any difficulty about that there exists no legal obligation on the -hem, as the law now stands. part of the company to transport persons Mr. TIFFANY-Under the article re- and property, on payment of a reasonported by the committee, private property able toll, then the use is private, and the may be taken for public purposes, whether grant nugatory and void. paid for before or after. His proposition I see no propriety in adopting the amendwas that it should not be taken without rent'of the delegate fiom Wayne; nor do renvius payment, except in the case of I altogether like that proposed by the delcommon roads. Ithad been urged against egate from Lenawee. The first branch of its adoption, that it might be found inoon- the amendment I think desirable, but the venient in any case of emergency, such as a latter branch, I think quite unnecessary. state. of war. Bat in time of war they We fulfill our whole duty, when we direct would -totstprobably act independent of all that adequate. compensstion be made belaw. fore private property can be appropriated Mr. WHIPPLE did not perceive the ne- to public use. The article under discusetessity' for adopting the amendment to.the sion should assert general principles, and amendm ent. If he understood the amend- not go too much into detail.:ment correctly, it proposes that no corpo- -Mr. TIFFANY-The objection is to that ration shall take private property, except part of the amendment referring to'some in certain cases. In his opinion, the sec- provision to be made by law. I thank the tion reported by the committee was. all gentleman for calling my attention to it. that was necessary for the security of pri- My object is, that provision may be made vate rights.'It is to be borne in mind that in the case of minors or persons:: residing it is-not within the constitutional authority out of the State. You cannot pay: or tenof the legislature to authorize any and ev- der payment to them.'To meet those caery corporation to appropriate private pro- ses, I would.insert the clause. perty.to- their use. It is only where pri- Mr. WHIPPLE-The object is a good.oate-property is to be appropriated to public one, but it is not necessary to insert this use, that-the-high sovereign power in ques- provision.. The law' describes -to whom tion-can be -legitimately exercised. It is payment shall be made in such cases. I not competent for the legislature to autlor- dislike this detail to go with the constituize mere private corporations to appropri-'tion. I want the article to assert general -ate the private property of the citizen to and fundamental principles, without going is use.. The distinction between a public into petty detail. and private corporation, and a public and Mr. TIFFANY said it appeared to him private use, must be steadily kept in view, to be a necessary provision for cases which in considering the questionbefore us. To have not been provided for, in cases of illustrate the distinction, I will state a case: guardians and minors, where it might be The legislative authority of thelate Terri- difficult to payor tender payment. tory, incorporated the Detroit and Pontiac Mr. CORNELL-We are come here to Railroad Company, and authorized them frame a constitution, and not to legislate; to to enter upon and appropriate private pro- deliberate upon fundamental principles, perty, when necessary for the construc- and notdetails, I would ask whether the 18 70 article does not cover the whole ground? WILLIAMS had been deliberately adopted A provision is made for: payment in. the by the Convention, and it appeared to him section reported by the committee. UIn- that it could not be taken out, except by less.it is actually paid, is there any corn- reconsideration of the vote by which it pensation? The-legislature will carry out was adopted.' theprovision. Mr. STURGIS-Being interested in a Mr. WITHERELL-There is much new county, he was disposed to sustain good sense in the remark made by the gen- the amendment of the gentleman from Letleman from Jackson, in regard to the con- nawee. Without such an amendment, it struction of the section as reported. Yet would be extremely. difficult to.get a road the courts in the State of New York have through the new counties, where the lands decided differently. Now, sir, there is a are held by non-residents. It would be constant leaning to precedents to guide difficult to ascertain who the owners were. their decisions; and notwithstanding the The amendment proposed by Mr. J. D. opinion of my friend, [Mr. WITIPPLE,] in PIERCE was negatived. his judicial capacity, yet his good selse The question being on the adoption of the may be overcome. The courts in New amendment offered by Mr. TIFFANY, to add York have decided that they may take pos- to section 18, "payment to be first made session; and if they can take possession, or tendered, except when to be appropriathey may keep possession for one, fifty, or ted for public highways," a hundred years. If they may take pos- Mr. HANSCOM said, by the proposed session, what is the use of the provision? amendment, public highways are excepted A railroad may cut up a man's farm-may from the provisions of the section. It take it without payment. They may take might become a question, whether you it and keep it, and leave the persons whose might not allow private.property.to be. property they have taken, to get the money taken for common roads without compenl. as they can, a mortgage, perhaps, being sation. held on the road by a foreign company, for Mr.' COOK-The amendment appeared more than the road is worth. In such a to him likely to prevent the construction of case, an individual may be compelled to railroads and plank roads through nonsacrifice some of his rights, or subject him- resident lands. It may be impossible to self to expenses in obtaining justice, equal find the owner. Some provision of this in amount to the money he may ultimately kind would be necessary: Add "first paid receive. He [Mr. W.] was opposed to or tendered, or deposited with the county allowing those corporations to take pro- treasurer, for the benefit of the owner,. perty, without making payment before ta- under such regulations as may be prescriking possession. bed by law." He would therefore move to Mr. TIFFANY withdrew the clause in amend by inserting after the word "there-, his amendment, "otherwise disposed of," for," "being first paid or tendered in such &c. mamanner as the legislature may provide.'" The CHAIR-The question is on the Mr. CORNELL-Nothing that hadbeen._ amendment to the amrendment. said convinced him that the section, as reMr. WITHERELL withdrew the amend- ported, was defective. One amendment ment to the amendment. seems to call for another to explain it. This Mr. TIFFANY again modified his going into detail belongs to the legislature; amendment. He apprehended wisdom would not perish Mr. J. D. PIERCE moved to strike out with this convention. It appeared to him all after the word "tendered." Mr. P. better to adopt the section as reported by said the law would provide for the contin- the committee, leaving details to the suibgencies which the gentleman from Lena- sequent action of the legislature. The wee had suggested. section covered the ground so far as it was Mr. WALKER would inquire whether necessary to go. it was in order-if it was competent for the Mr. EATON concurred with the gentlecommittee to strike out any amendment man from Jackson, [Mr. CORNEL. He that has been concurred in by the Conven- thought the language of the section plain tion? The amendment offered by Mr. enough. It was said that in the State of 'l New-York the courts had given a construe- townships and corporations. Whatever tion to a similar provision, that private the construction of the courts in this State property might be taken for public uses may be, the practice is the same as under without compensation being first made, or the constructioin of the courts in the State payment tendered; but if courts of justice of New York. Shall we require those put this construction on such language, heirs to expend the whole of the money there isno language the convention could awarded for damages in obtaining a deadopt which they could not as easily per- cision of the courts on the construction of vert. It seemed to him the language re- the clause of the constitution? ported was-as plain as possible. That cor- Mr. B. concluded by expressing his conporations had taken property without con- viction that io injustice could be done to pensation was true, but it had been done townships, cities or corporatious, by sayin violation of law and of the constitution. ing if private property is required by them, lMr. FRALICK rose to offer a substitute payment shall be previously made or tento come in at the end of the section as dered. printed; to add, "and for the use of no Mr. SUTHERLAND —I would remark corporation without payment being first on the subject under consideration, that made or tendered, or deposited with the whatever might be the opinions of our county treasurer under provisions accord- judges, the practice in this State very ing to law." Mr. F. said: public roads nearly a'grees with the views taken by the are left as they now are. A provision is Supreme Court in New York; as remarked made for private roads. This will provide by the gentleman from Jackson, the pracfor cases in relation to corporations. tice, sir, is the same, whatever views'we The CHAIR —The question in order is may entertain as to the construction of the on the amendment sent to the chair by the laws and the constitution. Every expresdelegate from Hillsdale. sion given by the Legislature in their enMr. BUTTERFIELD concurred in the actments on this subject, tends to sustain. views expressed by the gentleman from the same doctrine. Chaptel' 25, section 8 Wayne. The amendment proposed by of the Revised States, authorizes roads to, the gentleman from Calhoun, [Mr. J. D. be laid through lands belonging to individ.PIERCE,] was best adapted to meet the case. uals, leaving the owners to make applicaHe would mention a case which had oc- tion for damages; which application, if not curred in his neighborhood, where great made within a limited time, the right to injustice had been done by the constitu- be compensated shall be forfeited. So tion, as it stands, or the construction put they can make roads through. any man's. upon it. It was a case where minor heirs farm, and he must lose his property, withheld real estate. A road was desired out compensation, unless he makes an efacross their farm, which had been mate- fortto obtain it. rially injured by the previous construction Mr. WILLIAMS-That law has been of roads. An appeal was taken; no one repealed. being able effectually to represent those Mr. SUTHERLAND-It has been atl heirs, a very insufficient sum was awarded tered-it has been modified, so that if they for damages. But what is more, the dam- take' land under improvement they shall ages so awarded have not been paid. It first pay for it. If it were the principle may be said the law provides a remedy. established in the constitution, was it neBut does it so, indeed? Does it provide cessary to provide for previous payment in a remedy, when they have to go to a court one case? It admits it might be so taken of law, and be under the necessity of ex- without such provision. Do not the propending one moiety of the money awarded visions of law go to show that the constifoi damages in recovering it? It is said tution is understood here as in New York? the supervisors may assess for the damages The practice of legislation tends to this deawarded; but they have not done so. In- cision. Frequent changes are made in the tentional or unintentional, those heirs have laws, but every modification tends to supbeen wronged under the law as it now port the view of that construction. stands. Mr. VAN VALKENBURGH —The He saw no material difference between ~laue reported by the committee covers 72 the whole ground. It is not the object for made, and that promptly, when his propwhich the delegates have assembled in erty is required for public use. Such was Convention, to legislate, to enter into de- the end proposed by our laws, but in practails-but to establish fundamental princi- tice it is not carried out. They go on and ples. All that was required was accore- take possession, leaving the humble citizen plished in the report of the committee. to pursue, through juries and commissionIf the courts of New York had made a ers, till he finds himself brought up in the decision contrary to common sense, he Supreme Court, after spending all that he [Mr. Van V.1 hoped the Convention would is entitled to receive in obtaining justice. not be influenced by it. The provision should be so framed as to Mr. WOODMAN was desirous of con- secure the humble citizen from oppression. ing to a vote on the question. Much If the public want the property, let the time had been spent in debate, and much public take the incipient steps to secure it, more might be occupied by gentlemen, but as one citizen takes to obtain the property he believed they would fail to enlighten the of another. It would be a singular proConvention. The proposed amendment vision, that you should allow one person to the original section was all that was ne- to take the property of another and leave cessary to perfect it; it met his views and it to juries or commissioners to settle he was ready to vote on it. the terms. The public do the same thing. Mr. BAGG would vote against the Is it right or just? A citizen may be in amendment and substitute. He was in fa- possession of 40 acres of land, which, by vor of having simple propositions-one the labor of his own hands, he may have article embracing one proposition. There reclaimed from the wilderness and brought appeared to him to be too much disposition into cultivation. The public come by cornto legislate in the convention, which he was missioners and run through his land a rail afraid would prolong the session, road; they pass on, take the land, send on Mr. COMSTOCK-With the amend- workmen and prostrate his fences. What ment added, the rights of non-residentland can hedo? Resort to a jury. The deciholders would be protected and public in- sion of the jury may be removedto anothterests secured. er court. They may harrass him and Mr. BACKUS would suggest whether compel him to take twenty-five cents on the the gentleman's object would not be attain- dollar, rather than pursue his just- claim. ed by striking out all the provisions relating Property should not be taken for private use to the county treasury, and inserting, "to except by contract; nor for public use withbe first paid or tendered, or otherwise dis- out ample compensation being first made. posed of by provisions of law;" whether The section in relation to this matter should he would not attain the same end by less be declaratory of principle, and expressed verbiage, in plain and comprehensive language. There will arise a difficulty under the But suppose it stands as here reported, terms made use of inthe bill of rights; but with the clause, "first paid or tendered?" some terms must be made use of to This has a legal signification. What does guard against the evils which have been it mean? That it shall be deposited in the justly complained of; to guard against the State Treasury? No sir. There arises a abuse of the powers given to corporations; question which ought, if possible, to be to secure individuals from being harrassed avoided. Terms should be used which do when presenting claims for compensation. not require adjudication, either by the LeProvisions have been heretofore made for gislature or the courts of law. If it should laying out roads and constructing canals be considered that the absolute legal noand railroads. They have also provided tion of a tender, should be carried out to for compensation to individuals for pro- its full legal extent, it would be found im-'perty taken for such use; but how? Some practicable. Guard the fundamental law, by a jury —some by commissioners. But that the public shall not take the poor man's who sets that in motion? It is the very property without compensation for it, by difficulty that should be provided for, and simply providing that the payment shall -the humble citizen protected in the enjoy- be made, or tendered or otherwise dispoment of his property, or full compensation sed of by law. Mr. REDFIELD suggested the words, in favor of the word. Leaving the con"payment previously made or provided struction of thei;e to be decided by the for." gentleman from Berrien, [Mr. WHIPPLE, Mir. WHIPPLE wold xadd, "' pwayme'nt ih he [Mr C.] had soil objectionls to lie being first ma;de or tendered in such man- clause in the sliapeit stood. Itappeared ner as the legislature shall prescreibe." to him that unleabss there was a wish to Mr. COOK —Would that allow the mo- trammel the St ate it ought to be left as it ney to be deposited? is. If they want it more specific, let them Mr. WHIPPLE-Certainly. say that no property shall be taken by the: Mr. COOK accepted it as a substitute Sttate, and no property shall be taken by for his amendment, and offered it as an corporations, other than municipal, without amendment to the amendment of the gS en- cmpensation being;made or tenddered. dteman from Lenawee., Thce wee re asons icr e:xcepting munaMr. WHIPPLEa-It is true, as has been cip-a coiporaftions; the y should make comsstated, thhat t.e judicial autherities in NeW pensRaion before taking property, but cir' York have decided that a public corpora- c umsta nces e q frqently' occurre. d unader tion miay enter upon and use the properly which it nmiglht be proper to take private of an individual withoutfirst emakin corn- property without making compensatiol. pensation. I beg to state, however, for Take the case of the city of Detro'it the information of the committee, that Suppose a fire was ra"gin toro through tht the question has not yet been judicially city and they find it necessary to pull down determined in this State by that tribunal houses to stop the conflagration; would not whose decisions are authoritative. I think that be taking private proprty for public the Convention would act wisely by plta use? And this necessity might arise when cing some restriction upon the exercise of they had no money in tihe treasurv. -The this right of eminennt domain, and provide, owner migoht say: you shall not tke- my in clear and intelligible langiage, that pri- property; and a timid man might be frightvate property shall not be taken for pub- e-ned lest he should'violate thellaw and the lie use unless adequate compensation be constitution. The city lhas a population'of first made. The insertion of such a clause some 25,000 inhabitants; in a few years it in-our constitution will'have the effect of m;y contain 100,000, an( a-"ase'may'ocputtig. a question at rest vhich may lead cur when,as -in Philadelphla, it may be -to expensive an' protracted ligation anecessar that e mitary ttake possession'Mr. WITHERELL-Frequently the of houses, or ire. into buildings and burn question of title is raised; it may not be them up. The'whole community might known to whomi the money ought to go be injured by the clause that no property In such cases the Legislature cn provide s hall be taken by co rporations without pay' for the monley being deposited till adj udi- ment beaig first hade or tendered, unless,cation decides who of the claimants shall unicipa corporations ae made- an exbe entitled to it. ceptiono kMr.C'ORARY-This section has assamed If you look [said Mr. C.1 at the non-:ariotus shapes by the amendments pro- resident lands through which our o roads posed, but t has come back nearly'to the run, unless you are careful in frarmin' the original proposition. He [Mr. C.] had an fundamenta, ou will have no means objection to the proposition in that form, to carry on the improivementt which the as-ie haid also to it as pr6posed- to be public require amended. His view of the' mantter was A-.r. WH[IP PLE —I asm unable to comnthis: that no property shouid be taken prehend the force of the arilument of the'withodut compensation miade or tendered. delegIate fom Calhoun, [Mr. CRR.] The On the construction of the words-"eoon- gentleman supposes the ciise of a fire despeasation made or tendered,' —suppose \ lating the city of Detroit, and' suggests the person who owns the property is not that the'constitution should be so fr'amed. in the country and cannot be reached any as to anticipate the happening of such a ca-.way; it would be difficult to make a ten- lamity.- The provisionras reported. is inder unless the Legislature put a great p applicable to such a state of things. When tretch ou the words; therrefo, e was not the fities of New York and Philadelphia 19 74.were visited with a desolating fire, which ments. He was glad to see that they. were baffled all ordinary efforts to extinguish it, falling back upon the original proposition. resort was had to the destruction of build-'The question was taken on the substiiags with a view to arrest the progress of tute for the amiendment and lost. the devouringi element. Now, sir, the The question recurring on the adoption right thus to destroy private property does of the amendment, notfind its vindication in the clause under The PRELSIDENT [Mr. GooDwIN j was consideration. It rests upon a higher law opposed to the amendment as it now stood. than human constitution,-the law of self- The restriction ought to be made applicapreservation,-the law of necessity. Pri- ble to all cases where private property was vate property, under the circumstances re- taken for public use. He thought the exferred to, is not taken for public zse, but is ception as it stood would allow private devoted to destruction to arrest a great and property to be t;ken for public highways -overwhelming calamity. With respect to without any compensation. It was objecthe argument of the gentleman, touching tionable, however, in either view. In refthe right of municipal corporations to take erence to taking private property for pubprivate property for public use, I perceive lie highways particularly, he did not see -no difficulty. The charters of each city why there should not be as much restraint provide the mode and manner by which as in taking it under the authority of the private property may be taken for the pub- State.in any other ccse. The object seem-:ic use. Compensation in all such eases is ed to be to allow new townships to conmade forprivateproperty thus taken, wheth- struc roads through unimproved lands; er such property is required for making new but it should be considered that in the case streets or altering others; or whether it is of irimproved lands it might operate very devoted to any other public use. osThe injhiotsi. oad be laid out gentleman, I am sure, will not sacrifice through fields, o-ch rd s, gardens, and even private rights by authorizing runicipal buildings might be removed. Bu1t this was corporations to take the ploperty of indci- not all. Municipal corporations, including viduals without providing adequate cotn- cites and incorporated villages, are propospensation. ed to be exempted. It t hnt -ave coe e un- Mr. J. CLARK was opposed to the der every person's observationvho hasnoamendments under consideration, not be- ticed the proceedings of those incorporacause he was opposed to their insertion in ted bodies of men, that under wvhatever a proper place and at a proper time, but name, wihetlhr of counc.ils or trustees of not in the bill of rights. There was a corn- villages or boro-ughs, they were not dismlittee appointed who had unlder consider- posed to exercise their power with great ation some of those subjects at the present forbearance. So prevalent was the opinion time. with respect to the abuse of their power, Take, for instance, the question of pub- that it had become a maxim that corporalie highways. He Mr. C. would venture tions have no souls. There certainly apto say, that under the provisions proposed peared to be as' much reason for imposing to be substituted, public highways could rest raints on municipal as on private co — not be laid out. It is frequently the case porations. that there is no money ir the township trea- In reference to private corporations unsury. Under our present laws corupensa- der similar provisions, it has been held that tion is offered; if the owner of the property they cannot be emrpowered to take private agrees to take it the question is settled; if property unless designed to be approprianot, a jury is called who assess the dama- ted for public use. Rail road corporations ges, and the money paid. He hoped the can be authorized to take it only when the amendments would be voted down, and the roads are madle in fact public highways, article as reported adopted. Some of the and the right is secured to the public by amendments were proper, but not at this theirl charters to enjoy the benefits contermtime or place., plated in grantino' tm-the te transporMr. CORNELL was satisfied with the tation of public ploperty. article as reported. Gentlemen had been In reference to the objections of the gentaxing their ingenuity in.proposing amend. tleman from Calhoun, cases of emaergency 75 may arise of the nature- and character to no person shall be imprisoned for a militia which he alludes. These cases are beyond fine in time of peace. the control of law. The objectionl would Mr. WITHEPELL moved to amend. by exist on the same ground to thei or'iginal striking out the words " mesne or final article. He had: never known any statute process." It would make it as the law now to provide for such cases. To tear down is. In some actions it is so; but in cases a man's house, to destroy his orchard' or f trespass, a person having no property occupy his field-these acts are resorted to to make compensation, should be liable to in cases of emergency in defiance of the imprisonment for the payment of the damlaw at the time, leaving the compensation ages. to be settled whten the emergency should The motion prevailed. cease. He was opposed to the amend- %lMr. SULLIVAN moved to amend as ment as it stood, and shold vote against follows: itSec. ec.23, line 2, after "'fraud," insert The question was taken on the almend- "but the provision shall not extend to acment and lost. tions of debt for fines, penalties or forfeitSection 19 was read: The people shall ures, or to actions founded on promises to hawve the right peaceably to assemble to rmarry, or for moneys collected by any gether to consult for the common good, to public officer, or in any professional eminstruct their Representatives, and petition ployment." the Legislature for the redress of griev- Mr. S. said the amendment he proposed ances. was taken from the non-imprisonment act. Mr:.BUSIH moved to strike out the word The intention of that, act undoubtedly was "( shall," which was concurred in. to protect debtors, and not wrong-doers. Sections 20 and 21 weere read and passed The section as reported covered a class of without amendment. citizens which it vwas not intended to cover Section 22. Neittier slavery nor involun- under the non-imprisonmentL act. tary servitude, unless for the punishment Mr. BUSH would inquire if the word of crime, shall ever be tolratedc in this "fraudLl," in the second section, was not a State.' perfect guaranty, and whether it would not Mr. RAYINALE offered the following allow the legislature to pass an act similar substiute: to that of'46? Could.not a fine be impo"Involuntary servibude, unless for the sed where fraud was perpetrated? Would punishment of crime, shall never be toler- not a breach of promise of marriage, and ated in this State.'" where a public officer (lid not pay over moMr. S. CLARK-It is taken from the or- neys received by him in his official capadinance of'87, and is the lalngug'e of the city, be considered frauds; and would not old constitution. the leislature provide for punishment in Mr. RAYNALE was aware that it was such cases? He [Mr. B.] was in favor of the langtage of the ordinance'of'87, but having a person who commits a fraud -the ordinance had noinfluence over us; it made liable to imprisonment for it. He had become a dead letter. It was true, it would not allow him, under a plea of debt, was in the old constitution, but he did not to escape unwhipped of justice. like the word "slavery;" it was an objec- Mr. WHIPPLE-There is a great diftionable term in relation to the people of ference between moral fraud and legal Miclhigan. If the constitution should be fiaud; it is a moral fraud, if a man can pay held for any length of time, it may come a debt and will not, but you cannot arrest'to be considered that slavery had existed him. A breach of contract is a moral here, or that there had been apprehensions fraud, and yet not a legal fraud. A public of its being introduced. There was no oc- officer who is entrusted to collect -money casion for the word in the constitution; he and does not pay over, commits a legal therefore wished the section altered. fraud, and ought to be punished. Marriage The substitute was not adopted. was a civil contract, and ought to stand as Sec. 23. No person shall be imprisoned other civil contracts. for debt in any civil action on zmesne, or fi- Mr. BEARDSLEY-A poor man who nal process, unless in cases of fraud; and is unable to pay his debts may be accused 76 of fraud. under our present laws, and his implied." A contract was a contract, withrights jeopardized. He was opposed to out the words "expressed or implied." imprisonment in all civil actions. He was Mr. CRARY —I only proposed to subwilling that fraud should be punished; but stitute the clause which is in the Wisconsin if -a person resorts to a civil action, let him constitution. I suppose if I had left out come under the rule. IHe would not leave the word "implied," the.gentlemarn from a door open by which under such circumn Wi yne would have moved to insert it on stances a man mi'ght be deprived of his the principlehe mtoved to insert the word liberty, if not able to pay the fine. If a "person," yesterday. man has committed fraud, let him be pro- The amendment was adopted. secuted criminally. In any case where a On motion of Mr. S. CLARK, section person has done an injury, no benefit can 24 was stricken out.. arise by the man being incarcerated on - Sec. 2.5. No person shall be rendered civil process. You put Ohim in jail, but do incompetent to be a witness on account of not get damages. Let it be optional wheth- his opinions on matters of religious belief. er to proceed by a criminal action or civil Mr. J. BARTOW would inquire of. the suit; but let the provisions of the non-irm chairman of the committee who reported prisonrlent act extend to all cases where the 25th section, if it was not provided for civil actiois are brouoght in the sixth section? That section appearMr. WHIPPLE moved to amend the ed to cover the whole ground. Unless amendment by striking out " in actions there were some special reason for'etainbl inded on. pro mies to marry.". ing the clause, he would move to stiike it Mr. HANSCOM believed if that clause out.. were strucki out, the remainder of the pro- Mr. S. CLARK-For greater security posed amendiment would be, of no use; the a maj ority of the committee thought it other specifications are includled ial the o Lght to be. retained. word "ifraud." Mr. WHIPPLE-did not think with. the Mi. SULLIVAN did not admit the acit. gentleman from Genesee, that it was cov*Most of the exceptions were not coveredo ered by the 6th section.. Was it a civil A fine may be imposed and a penalty fol- right? clearly not. A political right.? erlow in other castes than fraud. A fine t;inly not. Then it was not provided for. niight be imposed for not attending court Mr. GARDINER rose to explain. -The -on subpoena, and in several other cases committee had insisted that this section which could-not be classed under the head should be incorporated. Under the 6th of fiaud. In case of breach of promise sectionthey had frequently seen witnesses *of marriage, there seemed to be no reason ruled off the stand on account of their refor exempptio. The exemption should be ligious belief The committee wanted to rn cases of en, gageients which persons are do away with the practice by which a court urnable to perform; as in cases of debt assumed inquisitorial powe over our citi where persons are not able to pay; but in zenso It is not right that a man should cases of breach of promise of ma.rriage, be expelled from the stand and not be alhe supposed the maon had the power to Iwed to give testimony because he does lkeep the promise, and he oug'ht to not to be not concede to the creed that has been placed beyond the power of the law of ar- hewed out by other prsons. Make them rest. responsible under the laws for the testimoThe motion to amend did nfot prevail, ny they give, and punish them if they do and the amendment offered by Mr. SVLL- not tell the tt vsd was anegnattbivedy.- - Mr. J. BARTOW-If there were any V,-AN, w.~ - >.gtvd doubt about the eonstruction of the 6th [Mr'. CRARY moved to strike out all section, he would withdraw the amendfter "debt," to anl including "fraud," ment. He was not disposed to interfere and insert the words, "arising out of, or with the riihts of witnesses.:?o -nde, on a contract expressed or irpTlded" on a or*tl.itcwt eXpISSed or? im- nMr. HANSCOMN moved to strike out all, afiter te word "proceeedings," in section 26. Mr. WITHERELL wished to know what He saw. no particular analogy between the was meant by the words "expressed or two clauses. If the-clause relating to lot 77 teries was necessary to be inserted, i It seemed an innovation for which lie saw ought to be in a separate provision. no necessity. The amendment was rejected. Mir. WHIPPLE moved to strike out the Sec. 27. The assent ot two-thirds of the section. He saw no good reasont for its inmenbers elected to etch branch of tthe seritio. tl famaily art'rIgeents, life lear Ltegisature. shiall be requisite to every bill ses are frequenly given. Such arrange, appropriating the public moneys or prop- ments cotuld not be m, tde under this erty for local or private purposes. clause, at least not to extend beyond twelve Mr. ROBERTSON oJffered the followingr years. substitute for section 27:- The motion prevailed. "The Legislature shall have no power Sec. 29. No corporation shall hold any to appropriate the public moneys or prop- reeal estate for a longer period than ten erty.for local or private purposes" years. except such real estate as shall be Pending which, Mr. COOK moved that actually occupied by such corporation ia the committee rise, report progress, and the exercise of its frlnc hises. ask leave to sit again. Mr. BARTOW wishetd to know what Which motion did.not prevail. they were to do with it after ten years, The question recurring on 1Mr. RoEar- I. OB - S. iARK-Well sir, sell it, and SON's substitute, the same was not not holl real estate beyond the wants of -adopted. N tle corporaltioni Sec 28..No lease or grant of agriicul- Mr. WITHERELL wished to ask if it tural land for a longier perio l than twelve were not a restriction that would be cut off years, hereafter made, in whieh shall be by the constitutilion of the United States, reserved any rent or service of any kind, and iself be nconsituton al. shall be valid. - Such a provision would operate injuriMr. J. BARTOW said-The committee ously in Michigan. Relii.ous societies are who have reported this article have fur- corporations houling real estate. It con nished the Convention with no reasons templates that no corporation shall hold which influeneed them to report this new real estate for a lotger perio than ten feature in the constitution. He would call \ ve:ts, except in exercise of its franchises. -on them for reasions for it inserrion. It Vested rights would be imJpaired by this w:as copied from the New York consftitu- s.ectilon heing p-lced in the constitution. tion; but it was -not a su,:ient reson thlat It htas a retro-zpeetive action, and in its opebecause it was incorpor;ated in the consti- ration would be most oppressive. He [Mr, tution of -one State, it should be in that of W. ]coul:l point to a religious,society in another. Detroit that owns much real estate which Mr. 8. CLARK would admit that a is not necessa.Iry for their use in their cor' q.uestion might be raised as to its applie-a porate caplici!y. Under this clause they bility to this State; but the disposition of would forfeit it, property in the State of New York, had been Mir. CHURCH-They would not forfeit productive of Vetry serious evils. It was to it, but be required to change it into some prevent the like occurrence in this State that other fund, less objectionable to thle interthe provision w:as reported by the cormmit- ests of the conrmmunity. tee. It has reference to the future, in view Mr. WITHERELL moved to amend so of what has:happened in New York. that t would read "estate hereafter acMr. BABRTOW saw no necessity for quired.".making provision against danger, when no Mr. WHIPPLE apprehended serious danger was apprehended. Communities lifficulties would arise under that section. have prospered without such prohibitions as Questions will arise as to what is to be unthis.- He knew of no other case that could lerstood by the term "actually occupied.. be:similar to that of New York. Some Uow much can they occupy?' Iow much old rights existed after the revolutionary s i t necessary for them to occupy? war; and the article in their constitution iMr. GOODWIN- -A bankinig house and was introduced to meet the evils arising lot. from them. M. B. saw no reason -for a Mr. - The object of the clause:limit.ationt t telve or to twenty-five years. was to preveunt the accmutlation of real 20 estate in the hands of corporate bodies. ken up, it was important to know by whom It was not forfeiting any thing, but requi- it wass done. He called for the ayes and ring' them to convert such assets into noes. money, to prevent those inconveniences Mr. J. CLARK thought there was at which must arise under our inutitutions, if 1last one reason that presented itself for large tracts Of land are held in perpetuity taking the question up. Members, in a few by corporate bodies. days, would be leaving on business, and Mr. SKINNERM moved to strike out the in order to have at full and fair expression, word " actually," and insert " necessari- the Convention should be full. Perhaps ly."' a!a larger number were then present than Which did not prevail. would be for some time. Mr. WALKER moved to amend by in- The call for the ayes and noes was susserting the word "private" after the word tained, and the motion to discharge the "no," in first line, so that it should read committee lost-ayes 46, nays 47. "no private corporation," &c. On motion of Mr. BUSH, the ConvenWhich lid not prevail. tion went into committee of the whole and Mr. LEE moved to strike out the sec- resumed the consideration of the Bill of tion. Rights. Which was negatived. Section 9 being uunder consideration, Mr. LEACH moved to strike out section Mr. KIN GSLEY offered the following 81.. subsstitute. Which did not prevail. " The right of trial by jury shall remain On motion, the committee rose and re- inviolate; but to entitle the p:rty to a jury ported progress. in a civil cause he shall demand the same as Convention adjourned. the law raxly direct, and the Legislature ---..- l may provide that a less number than twelve FRIDAY, (1 th day,) June 14. may constitute a jury in civil causes." Prayer by the Rev. Mr. SANFOR. Mr. Mr. WITHERELL moved to amend the Petitions and reports were called for, and substitute by adding at the end thereof the none being offered, words, "in courts not of record." Lost. Mr. WITHERELL moved that the conr- Mr. ROBERTSON asked permission to mittee of the whole be discharged from read a substitute he proposed to offer to: the consideration of "Article. Of the section 9: Seat of Government." - The right of trial by jury shall renain Mr. W. said the article could be then inviolate; but shall be deemled to be waivtaken up and acted upon. ed, in all civil cases, unless demanded by Mr. BRITAIN hoped, before the salu- one of the parties, in such manner as shall tary rule adopted by the Convention was be directed by law; and the Legislature changed, some. good reason would be giv- may authorize a trial by a jury of a less en. He never found a legislative body able number than twelve men." to do business as it should be done, unless Mr. KINGSLEY said the substitute of, all proceedings were taken in their regular Mr. ROBERTSON embraced his proposition, order. and would carry out the object he wished. Mr. WITHERELL had no better reason He accepted it as a modification. to assign than that the article embraced Mr. ROBERTSON said he hoped the only a single point, which could be settled substitute would prevail, or something siml at once, without argument or debate, ilar in its provisions. It was true that for Mr. BRITAIN did not deem the rea- a long course of years the number'reson given a sufficient one. The motion qluired to constitute a jury was twelveproposed to take up business out of its yet there was no magic in the number, and regular order. Althoug'h the article em- no good reason could be assigned why braced only a single point, it might lead to twelve men were better qualified or better debate. HIe saw no necessity for putting c instituted for a jury than six. Under the it ahead of other business-it should comr c institution, as it stood, there was doubt up in its regular order. Mr. B. said if the as to whether the actof the legislature, auregular order of busin ss was to be bro- thorizinl- a jury of a less number than twelve in the county courts, was valid; and it would tice in that court was not considered unbe well to define it clearly. But juries of a constitutional. less number than twelve had been often call- M. COOK said the gentleman from ed-in the county courts, and he had never Oakland [IiM. HANSCOM,] seemed afraid heard but the rights of parties were as well to t ust this power to the Legislature, or attended to and as well settled as they could to his constituents, where it now existed, have been by twelve. and had heretofore existed under the preThe object of a jury was to decide on sent constitution, less they should entirely the facts. As judges in the decision of abolish the right of trial by jury, by reduquiestiois were often bound by strict tech- cing the number to one or two persons. nical rules, which might work injustice, jli- The substitute only left the matter as it ries of the vicinage were called that they heretofore stood. might determine the truth of facts alleged,. IHANSCOM remarked, the gentlunder the law, as given by the court; they man fron Hill1dale [Mr. COOI, misunderbeing considered better judges of ques- stood him. His objection was not to the tions of fact than those who habitually terms proposed by the substitute, but to looked at them through the technical me- languagesed. He considered the the language used. He considered- the dium of the qetolaw. o epn, a declaration embraced in the first- part of As to the question of expense, a smaller the proposition declaring the rightof trial number would be a saving to the counties, j at fowed, au"',by jury inviolate, and what followed, auto individuals and to the state at large. thorizing the Legislature to reduce the Mr. R. had great respect and veneration or b to one or to pesons contrdicto number to one or two persons, contradictoold institutions; yet until some good and r he section, as it tood in the old bill valid reason had been given why te pa- ohe thught, ontained that of rights, he thoughit, contained -11 that ticular'number of twelve was necessary to s needed. The ractice of the courts constitute a jury, he must favor the propo- as wl -nderstood, and why not leave it sition of a less number in civil cases. - Mr. HANSCOM thought the P.roposi- s *Jr. HK~N 500 1~ thou~ghnt the p~lroposi- Mr. KINGSLEY had been informed that tion embraced a contradiction in terms.-. INGSY had been informe that First, the right of trial by jury was de- in some of the new counties parties had idared inviolte, and then followed the demanded a jury of twelve men as a right, i established by the old bill, and the court proposition authorizing the Legisliture to establsed by old bl andthe court reduce it to one or two persons. He con- decided fvorabl tothe demand. sidered the substitute, as it stood, a sole- Mr. WALKER thought a change in the ci.., as the last clause of the proposition phraseology would effect the proper object, nullified the right sought to be enforced in He moved to amend the substitute by strithe first.' By'the common law construe- king out the words " the right of trial by tion, a jury consisted of twelve men; and jury shall remain inviolate," and inserting if standing in the connexion proposed, one "parties in civil suits shall have a right to clause of the constitution would conflict a trial by a jury." with the other, and one part of the consti- iMr. W. said the words "the right of tution be in itself unconstitutional. trial by jury shall remain inviolate," receiMr. KIN GSLEY said the gentleman from ved the common law construction-a jury Oakland [Mr. HANscoM,] thought the sub- of twelve men-and by that construction stitute under consideration contradicted it- the substitute was a contradiction in terms, self —that a jury is understood to be a corn- as the right of trial by jury was first demon law jury of twelve men. If said [Mr. dared to be inviolate, and then it proposed K.,] that was soinvariably, we had hereto- to reduce the number of jurymen. He fore been continually violating the consti- proposed to amend by introducing other tution; for the old constitution said nothing language, so as clearly to define what was of inferior'courts in reference to juries, and intended. The word jury did not literjuries of a less number than twelve men ally mean twelve men; it meant sworn;, behad been authorized in justices courts. In ing derived from a Latin Word, "juro," county courts, the liw provided that a less to swear. It was true, that for a long time number than twelve may constitute a jury juries of a less number than twelve had to try causes in that court; and the prac- been called in some courts, but under dif fereat language than that used in the subV It is apprehlended that one clause-of thestitute. ubstitu te proposed contradicts the othero. Mr. CRARY called for the reading of This is not the case; it only modifies and the amendment. It was r ead. exlain the her. If the provision.anu.Mr. C. s -ied lie prOf rred to he the thorizinuf, the Legislatutre to provide for a word'civil" left out, as there was no rea- ju'y of less tian twelve men occurred int a son why a plarty ilt a erimin',Il cause should Iselparate section of thle constitmtion, then be compelled to have a jury of twelve there might be room to fear this miscon" men. if he did nct want it. Leave it to the stru ction; as it i", there is none. party to use the privilege as he saw fit. Besides, in the amendment offered by Mr. VAN VAtKENBURG moved to my colleague, thre is only a diffeirence of amend the substitute by insrfin between v. rbiage. "by" and "juary," in the st Aliner, t - A Yhe LKER said it was admitted by'~ao" some o'e n6l.-'Cm,~,_Ln. oa.tfo t(he common law conM.r.. V.N V. said it was true, as ad sccruction would be appi.ed to the first clause been remarked, tat thae phrase "trial by of the substitute; yet t was argued thei jury," was construed to mean a trial by courts ctuld arrive at a different con clih twelve men. By insertiing the word "a, sion. This was his objection to the propo~ a different construction would be given and sition. While it declared the rigcht of trial the object attained. The motion was lost. by juiy should remain inviolate, in the The question recurring on Mr. WALK- next sntenece it gave the Legislature poW-V ER's amrenlinent, er to reduce it —thiat was, to violate whati Mr. J. D. PIERCE wished the proposi- was declared inviolate. It was like passtion of the gentleman fronm Macomrb [Mr. ing an act, and then passing another, exROBERTSONJ would be retained as it read. pl inatory of the first, directly opposite. IHe He thought what followed, clemarly and suf- proposed by his anmendmient to avoid this ficiently explained the meaning of the first difficul1y. clause. - Mr. J. D. PIERCE-I think the gentleMr. ROBERTSON hoped the amend- man [Mr. WALLER iis altogether mistaken. ment of his colleague [Mr. WXALER] would The language used in the substitute may not prevail It could not be an improve- be an imperfect expression in the comnmument. It was feared that a common law nication of thought, but the latter portionconstruction would be given to his amend- does not mean to give toe power to violate menat, and that it would be held thata jutry the first —it is only a limitation. That rule meant a body of twelve men. Undler a of interpretation must apply unless we go precisely similar clause in the bill of rigohts, back to the dark ages for a rule. it had been held by the Supreme Court of A division of the question being called the state of New York that a jury of six for, the motion to strike out was lost. in a justice's court was constitutional. (If The question then being on the adoption I am wrong here, said Mr. R., the learnredl of the substitute, Chief Justice will correct me.) And oth- Mr. J. D. PIERCE moved to amend by er courts have held the same. Hie agreed striking out the word "civil." with the gentleman from Calhoun [Mr. J. Mr. FRALICK hoped the amendmentD. PIERCE] as to the rule of constructonn. would prevail. He thought the legisla' In construing this section, the whole of ture should have authority to authorize a it must be taken together. The Supreme jury of a less number than twelve in all Court, in deciding a question ari!sin}g under minor cases. this section, could not take one clause and Mr. ROBERTSON said his object was give that a construction by the rules of the to provide in one section for civil, and in common law, and throw aside the rest. This another, for criminal causes. would be gross absurdity. I may be wrong, Air. R. then read a proposition relating' said Mr. R., in the rule of construing sen- to criminal causes, which. he said, he infences, as I am not a constitutional hlwyer, tended to offer at the proper time. but I think not. One clause of a'sentence Mr. PIERCE withdrew his amendment. cannot be selected, and effect given to it, MlNr. GOODWIN said, with the views and- the rest cast aside entirely, he entertained, he could not concur in the 81 proposition of the gentleman from Macomb, tures-and in the Constitution of the Uni~ [Mr. ROBERTSON.] In superior courts, he ted States. thought parties should have a right to It has been remarked, sir, that the net waive a jury, and the right to demand a cessity which gave rise to the grand jury jury of twelve men, if they required it; has ceased to exist; that inasmuch as mobutin inferior courts, particularly justices' narchical institutions do not, exist in our courts, juries of a less number might be land, there is no use in its continuance; authorized by the legislature. but let me ask, if under the mode suggesA division of the question being called ted in lieu of it, prosecutions through the for, section 9 was stricken out, and the agency of prosecuting attorneys and justisubstitute of Mr. ROBERTSON was adopted. ces,of the peace only —there will be no GRAND JURY. danger that groundless complaints will be -Section.-O being under consideration, preferred, that individuals will be arraigned the Chair stated the question to be on the on insufficient and unfounded charges, and amendment offered by the gentleman from the very abuses of which gentlemen comCass, [Mr. SULLIVAN:] r the institution of plain be increased, yea, increased tenfold. the grand jury is hereby abolished." Why may not firivolous and malicious Mr. GOODWIN said-Mr. Chairman, complaints be made before justices as well I hope the amendment will not be adopted. as grand juries? The same motives exThe section as it now stands is not as in ist, and the same passions will govern manthe old bill of rights, but leaves it discre- kind. And how can the danger be dimintionary with the Legislature to continue ished with the numerous justices scattered or dispense with the grand jury, as in their throughout the country, with their generjudgment may seem proper. ally limited information and experience in If this proposition be adopted, the Leg- respect to criminal laws, criminal proceedislature will be prohibited from authorizing ings, and the evidence in such cases- requia grand jury in any case. It proposes a site? Would not the means of harassing fundamental change in the law of the land, citizens be vastly increased, and the cases and strikes down an institution venerable multiplied which the institution of the grand for its antiquity, imposing in its character, jury is intended and calculated to prevent.: and dear to us by associations with which Let us look, for a moment, at the nature it is inseparably connected. If, sir, the of thegrandjury. Theiraction is notfinal. system is inexpedient, if it fails to accom- Gentlemen seem to have supposed, inl plish the objects for which it was intended, their reasoning, that they try causes, and orhas become perverted from its legiti- that their determination is conclusive. mate use and purpose, then let us find some Their provinceis merely that of inquiryother mode better adapted to secure the to ascertain whether there is sufficient evirights of individuals and the requirements dence of crime to require that the person of justice; but until some other mode, bet- charged should be put on trial, and in such ter adapted to the ends for which it was cases to present the accusation by indictinstiuted, is found, let us not hastily and ment. They are selected under the laws, iaconsiderately resolve to abolish the grand as it is expressed, from the "body of the jury. county," from the mass of its citizens inI have said, sir, it was an institution terested in the good order of the commuvenerable for its antiquity. It is a conser- nity, and the due and correct administravative institution- conservative of the tion of the laws. They receive the charge peace, of the good order of society, and of'a judge familiar with the subject, as to highly conservative of individual rights- the duties they are required to perform, conservative in the sense in which your the laws in relation to crime, and the rejudges and justices are styled conservators quisite evidence, and if there are any speof the peace. It was so understood at the cial matters from occurrences within the period when Magna Charta was wrested county, requiring their investigation, he is from the English crown-so regarded in informed of it by the prosecuting attorney the days of our revolution, and inserted in or otherwise, and adapts his charge accorthe constitutions of all the States —thus dingly. And it is a rule, which is given placed beyond the power of the Legisla- in charge to them, that to find a bill in a 1 particular case, the evidence must be such would give about seventy justices in each as would be sufficient on its face, if uncon- county, before each one of whom comn tradicted and unimpeached, to convict be- plaints might be entered. Would this sysfore a traverse jury. Further, if in any tern, sir, give less latitude to personal matl matter before them the grand jury have ice, to harassing complaints, petty and in:any doubt as to the law relating to it or sufficient causes, and tend less to put in the proper evidence, they can obtain the jeopardy individual character and right, necessary information from the court. I than by the intervention of grand juries? consider this factn n answer to the state- If the grand jury perform their duty faithment that justices of the peace are better fully, they inquire ffully into all the facts informed in this respect than grand jurors. connected witlh the case, and if these, when Whatever the general intelligence and re- fully ascertained, furnish sufficient grounds, spectability of the former, they cannot, in they make a presentment; if not, proceed inquiries of this nature, have the advan- ings against a party there terminate. True, tages possessed by grand juries. they do not hear the defense-their object When the grand jury come together, it is that of inquiry in the first instance, to Is among their powers and duties to inquire ascertain whether a charge should be preinto matters relating to the civil police of ferred. the county, the manner in which those en- But it is said the grand jury is secret, trusted with public affairs have discharged and therefore objectionable. This I contheir duties, the administration of the sider one of the incidents that tend to its school laws, those relating to highways, value. From the very fact of secrecy they and generally everything connected with are enabled more fully to investigate. It the good order of society; and this, inde furnishes them with the means to ferret; pendent of presentments in particular cases, out combinations and conspiracies to viois highly important and effective. There late the laws, and thereby bring offenders is a moral power in the periodical meeting to justice; and this, when it could not be and inquiry of grand juries, which, in my otherwise effected. Further, by means of view, has great influence, and is highly it, investigations are made without subjecvaluable. I consider, sir, we obtain an am- ting the jurors, parties or witnesses to the ple compensation for their expense in this resentment or animosity of those whose conconsideration. So'ntuch in regard to the duct may fall under their inquiries,and rennature and object of grand juries. ders the inquiry of the jury room moie I cannot think, sir, that any member on full and free. And their province being this floor, will be willing to leave it to pros- that of inquiry merely, if they find no ecuting attorneys to judge solely whether cause for indictment, this being in such a prosecution shall be commenced, or pro- cases kept within the counsels of the jury ceedings instituted against a citizen. This room, occasions no injury to character or would be too much like, too closely allied wound to individual feeling. Gentlemen to, the odious Star Chamber process, when have said that in this way groundless inofficers of the King's household were, per- dictments have been found, and prosecui mitted to designate victims at their own tions instituted upon charges preferred will. from malicious motives, and cases have I believe, Mr. Chairman, the only other been stated. Such may have been-such mode proposed-that suggested by the gen- do sometimes occur. I have known one tleman from Cass, [Mr. SuLLVAN,]-ii s to of the kind where a prosecution was insti - have an examination before justices-the tuted against a worthy citizen upon the justices to certify that there is probable complaint of a grand juror, (who was so cause of prosecution; and on this certifi- far forgetful of his duty,) upon evidence cate the prosecuting attorney is to file an Vwhich was supposed to exist, but was not information in lieu of an indictment. And before the jury, and had in fact no existlet me ask memnbers if they are willing to ence, and where the charge, as the event leave it to justices to say, solely, after ex- fully proved, was without foundation. Y et amination, whether a party shall be subjec this only proves that with all the guards ted to trial? There are, in most of the thrown around them, with all the proteceunatiess ome eighteen townships, and this tion in the number and character of the men, the mode of their selection, the oath of our citizens are opposed to it, and de-. they take and the charge they receive, mand a change. Gentlemen, doubtless, some such cases cannot be prevented. It are familiar with the views of persons in only shows that human nature is such that their own counties; but I can assure them the best institutions may sometimes be the subject has not been canvassed in the perverted to evil; and if this may be done county which I have the honor, in part, to under this system, how much more under represent. that suggested as a substitute? In regard, sir, to the question of ex, The grand jury has been a theme of pense, there must be some in calling the eulogy, of admiration and of praise, from grand jury together two or three times dethe days in which it was first instituted, ring the year; so in fact in regard to any down to the present period-from the time other system; but abolish it, and it seems when it first took into its keeping the gen- to me you will find this but a drop in the eral good order of society and the protec- bucket compared to what would result if tion of individual right. the proposition of the gentleman frm Cass I, sir, call upon members of this Con- [Mr. SULLIVA ] should be adopted. Would vention to pause before tearing down this not motives of interest, as well as others, time-honored institution. Public opinion operate? Would not "reasonable causes" has not called for it, and does not expect it of prosecution multiply, and expenses ac. at our hands. True, some gentlemen have cumulate, by fees of justices, sheriffs, conremarked that in their particular neighbor- stables, witnessesand other charges? The hoods and in certain sections, a feeling pre- court of the police justice in the city of vails adverse to it; but only one petition Detroit originated in this very fact. Unt has been sent in to us relative to it, and as der the present system of complaints beit respects my own knowledge, I never fore justices, the expenses arising from the heard the subject even named until I came numerous cases before them had become within this hall. Several matters of re- an onerous tax and a serious evil, and it form were discussed through the papers, was to be rid of this that the project was and by the citizens generally; such as bi- started and consummated, of having a ennial sessions of the Legislature, the elec- single police justice and taking away wholly tion of officers by the people, the election the criminal jurisdiction of other justices, of the judiciary, and so on: they were ex- and also abolishing, in respect to it, the pected and well understood; yet not a word mode of compensation by fees, and proviwas said in regard to abolishing the grand ding a salary. Even in this respect, the jury. expense with us there is against the sysWe are not here to make changes where tern suggested. public opinion does not require it; to change Let gentlemen, then, look at the two fundamental laws when they have not been systems side by side in reference to the brought in question; at least not unless the administration of public justice, the press change is clearly necessary" to meet the ervation of peace and order, the protection wants of the people, and keep pace with of the public interests and of individual the progress of the times. No such ne- right, and say whether that of the grand cessity exists in this case; and I contend jury, administered under the laws, accord? that public opinion has not been sufficient- ing to the the true spirit and objects of ly directed to it, the question not sufficient- the institution, is not in every respect suly discussed to justify members in coming perior? to conclusions to which some of them in- In conclusion, I trust this Convention cline. In the county of Wayne I have will not assume the responsibility of adopnever even heard the.subject mentioned, ting the amendment and abolishing the and must confess I was taken by surprise grand jury. The mode of selecting grand when I heard the proposition here; but jurors may not be as perfect as it can be until I can obtain more satisfactory evi- made. A certain number are re4uired to denee, more convincing proof, than I at be drawn and returned, and if the assesspresent possess, that there is public feeling ors are careful in their selections of namesr against the system, I cannot believe that we should seldom fail to obtain proper one in ten, nay ninety-nine in one hundred men. But if the plan of selecting doe 84 not ensure a grand jury of the proper rected by law, that little difficulty. could be character, let us ask the Legislature to apprehended on that point. amend it. I will go, heart and hand, with /Mr. J. BARTOW inquired how those any one in such a measure until the sys- gentlemen who advocated the abolition of tern is perfected, and we can be certain of grand juries, would get along with the 5th having grand juries composed of proper article of the amendments to the constitumen-men who will look with a single eye tion of the United States,. which prescribes to the interests of the community and the that "no person shall be held to answer protection of individual rights. Under for a capital or otherwise infamous crime, existing circumstances, I should dislike to unless on a presentment or indictment by see it-abolished. It would seem to me a grand jury, exceptin cases arising in the like tearing down- some ancient building land or naval forces, or in the militia when that has given us shelter from wind and in actual service, in time of war or public storm, that has protected us for ages from danger." the fierce blast, and consigning it to de- Mr. CHURCH said he would refer the struction without due reflection or necessi- gentleman from Genesee, [Mr. BARTOW,] ty. I hope, sir, it: may be retained, still to the 7th volume of Peters' Reports; the to be a refuge and protection in time to page and the name of the case he did not come. now recollect; in which case the delegate Mr. BEARDSLEY was in favor of abol- would find a decision of Chief Justice ishing the grand jury system. If it was Marshall, in substance as follows: an ancient system, that was no reason why The provisions of the 5th amendment to it should be retained. If institutions were the constitution of the U. S. (embracing venerable and useful for the reason of their the clause relative to indictments by grand antiquity, there was no object in the Amer- juries,) are intended solely as a limitation ican revolution. The government from on the exercise of power by the govern. which the colonies separated themselves ment of the United States. The' constituwas an ancient one, and therefore better tion was ordained and established by the than our own. Many old systems had been people of the U. S. for themselves-for abolished by the governments of the dif- their own government; and not for the goferent States, and it had never been regret- vernment of the individual States. Each ted; there was no desire to renew them. State established a constitution for itself,^ The arguments of the gentleman would and in that constitution provided such limilead back to the old system of govern- tations and restrictions on the powers of its ment, and destroy our republican institu- particular government as its judgment tions. Nine times out of ten, a justice was dictated. The people of, the U. S. framed called on to issue a warrant against an ac- such a government for the United States as cused person. The grand jury was sel- they supposed best calculated to promote dom applied to as the first instrument to their interests. Thepowers they conferred bring a criminal to justice. He considered on this government were to be exercised by itthem unnecessary, inasmuch as he believ- self; and the limitations on power, if ex,ed a criminal could be brought to trial pressed in general terms, are naturally and without any proceeding now necessary be- necessarily applicable to the government crefore grand juries. The ends of justice ated by the instrument. They are limitacould be more readily and more cheaply tions of power granted in the instrument attained. The expense of calling grand itself; notof distinct governments framed juries should bebrought into consideration, by different persons and for different purespecially if they could be dispensed poses. with. He believed that the duties of pro- Mr. SULLIVAN said that the delegate secuting attorneys would not be more, if from Genesee would find in the case referso much., as at present, if the system was red to by the delegate from Kent, a full exabolished. The. remarks' of the gentle- planation of the difficulty he had suggestman, that justices might be partial and ed, and that by no means could the amendcorrupt, was no argument in favor of the ment conflict with the proposed action of system. He [Mr. B. believed that the this body. duties of justices could be so plainly di- Mr: WALKER offered the following as 85 a substitute to the amendment of Mr. SUL- GOODWIN.] That gentleman seemed to LIVAN: think, because the institution of the grand "All justices of the peace shall be, by jury was ancient and venerable, it should virtue of their office, grand jurors; and be retained.: He would ask if there were when complaint shall be made to any one not other institutions, equally venerable of said grand jurors that a criminal of- for their antiquity, grievous and oppresfence has been committed, upon sufficient sive? yet, if the argument were good in evidence to induce the belief that the accu- the one case it must be equally so in the sed may be guilty of an offence not cogni- other. The English nobility was an anzable by a justice of the peace, then such cient and venerable institution, but this was juror shall associate with him two other no reason why it should be adopted here. grand jurors within the county, and cause So we might go back to the days of Ninmthe accused to be brought before them for rod and trace down to the present period examination; and upon such examination many venerable and ancient customs, desthe accused shall have a right to make a potic and monarchical; and would their full defence; and if it shall appear upon antiquity be considered a sufficient reason such examination, after a full hearing, that for their adoption? He thought not. there is a reasonable cause to believe the He believed the institution of the grand accused is guilty of the offence charged jury to be inconsistent with liberty. A against him, then such jurors shall trans- party accused had an inalienable right to mit a certified copy of the proceedings and confiont the witnesses against him; and evidence before them, to the prosecuting before the grand jury this right was deattorney of the- county, and he shall draw nied. As he had before stated, he was a bill of indictment against the accused, for for abolishing the system-he believed the the offence charged, and cause the accused wisdom of man was sufficient to invent to be arraigned for trial thereon." some system more consistent with liberty. Mr. W. said the proposition embraced a Mr: WILLIAMS-I feel called upon to system which had been considered and remonstrate against the destruction of the adopted by a large and respectable meet- institution of the grand jury. I am ing of citizens of Macomb county, as a against the proposition of the gentleman substitute for the grand jury, and trans- from Cass, [Mr. SULLIVAN,] and the submitted to him. He offered it as he had stitute offered by the gentleman from received it, and although he might not be Macomb, [Mr. WALKER,] but would prewilling to adopt all the provisions as appli- fer to see the section of the old constitucable in all cases, yet he considered the tion on this subject restored to its relative plan worthy the attention and reflection of position in the new. the Convention. The objections to the grand jury seem Mr. CORNELL-The gentleman [Mr. to resolve themselves into two-its expense, WALKER seems to have forgotten the and its secret and inquisitorial character. purpose for which he is sent here. We With regard to the expense, I'draw an are not here to legislate, to enact laws. entirely different inference from the genThe proposition consists too much in de- tlemen who have preceded me. I view it tail to be embraced in a constitution. as a cheap guarantee of the public peace Mr. WALKER thought that before tear- and public safety. What are the facts? ing down an old building, it was necessary The late very provident Legislature, which to make some provision, to adopt some plan so bountifully provided this Convention in its place. with nothing to facilitate its business, did Mr. CORNELL-Admit it for the sake order one little document to throw light of argument, yet it is not necessary to say upon our investigations, the report of the who shall be grand jurors. Secretary of State relative to the expenses Mr. J. D. PIERCE thought the propo- of our courts. I find that the expense of sition of the gentleman from Macomb [Mr. the grand jury was the enormous sum of WALKER} was a proper subject of -3,871, for the year 1849. consideration. Mr. PIERCE inquired if the amounts He rose, however, to say a few words paid were all reported. in reply to the member from Wayne, [Mr. Mr. WILLIAMS-From all the coun22 ties except Mackinac and St. Clair, against other Convention shall be called to revise which are marked "no report." again the constitution. Now, what is this gigantic expense, No substitute has been offered, though under which the State is groaning? some kinds of partial stbstitutes have been Why, allow that we have 387,1.00 people, hinted at. The argument is that the (and our population greatly exceeds that whole business can be safely entrusted ta number,) it would amount, if assessed per a prosecuting attorney and justices of the capita, to the alarming sum of one cent peace. Now, for one, I should not regard per annum to each individual. Abolish the interests and peace of society safe for the grand jury, and. your share and mine one moment in the hands of these functogether, sir, saved by this retrenchment, tionaries. They would often be entirely would be sufficient to buy a glass of small unfit for so responsible trusts. I mean no beer. You may double it-treble it-qua- disrespect to the dozen ex-prosecuting attordruple it, and the gentleman from Calhoun neys, nor the fifty ex-justices on this floor; is welcome to all the argument he can but I will leave it to those who have been make from the expense. decimated and sent here, whether they There are many institutions, and much have not left behind them scores who are of the machinery of governments, which entirely unfit depositories of justice.. admit of no valuation by dollars and cents. Will the ends of justice be answered if I doubt not the very existence of the great crime is to be investigated by single justistone building at Jackson, by the terror it ces and prosecuting attorneys? No. The inspires, saves the State annually many justice may be ignorant, irresolute or cor, times its cost. It is so with many of the rupt. The complaining witness may be defences of civil society. The whole rev- timid and reluctant, and he may be conenue cutter service of' the United States fronted by desperate and organized gangs, is a preventive service. It would task who will overawe and intimidate both offithie government to show by dollars and cer and court. I have seen men accused cents that the amount it saved was equal to of crime almost ask that a warrant might its cost. Yet, it makes a gigantic item in be issued against them, because they might the annual treasury budget. There is such overawe the justice, while they despaired. thing as saving at the tap and losing at of escaping the rigid and independent the bung-hole. There is such a thing as scrutiny of a grand jury, and a trial by a being penny wise and pound foolish, and it more solemn tribunal. appears to me that we are exemplifying I reside on the borders of Indiana. In the truth of tlis homely maxim. Why, times past there have been confederated single building saved from the torch of gangs of counterfeiters and horse thieves the midnight incendiary, might exceed in along the border of our State,from Lake Erie value the aggregate cost of the whole to Lake Michigan, flitting from one State grand jury system to the State. to the other-conocting plans in one State I trust I am not opposed to prsogtess, to be put in execution in another. Now, and to those rational reforms the Conven- I ask, what could be done towards the: tion is authorized to perfect. But mere punishment of such gangs by commencing innovation is not reform. Destruction is proceedings in open court? We all know not progress. Before this institution is by observation the sympathetic cords that abolished let us be furnished with a substi- draw rogues together, and how instinctively tute, some equally searching method for they fly to the rescue of each other. the investigation of crime. Why not, if "Birds of a feather flock together." All change is demanded, provide some collat- that portion of the neighborhood who eral plan of effecting the same objects? sympathize with the criminal, throw their Let the grand jury system re ma in n weight into the scale to shield him and force, and if you wish to experiment, give defeat the ends of justice. A few.years the communit y some other method to reach since a formidable band was ferreted out the same end. If your substitute has an- and broken up in the counties of Hillsdale swered the purpose, the grand jury will and St. Joseph. The delegates from become a dead letter, and it will be time Hillsdale doubtless recollect the case I al, enough to obliterate it entirely when an- lide to. It required all the energy and vigilance of the offices, all the secrecy guilty of the crilme himself, I draw an en andi ingenuity of the grand jury, to unravel irely di:;.rent' interence fmtil those peenknot after knot of the evidence, and bring tlemen. them to justice; a justice's court, or an open Mr. CORNELL-I merely stated la fct examnination, would have been as spiders' and left the inference to the Conventiion. meshes around them, and I believe that Mr. WILLIAMS resumed —At any rate without the grand jury they could not the gentleman from Calhoun drew an inhave been brought to justice. So bold ference hostile to the grand jury. N owt I and desperate had they become, they would like to know if the same witness shot at the sheriff's posse in open day- would not hiave hacd. far greater ch(nc.e light. of success before a single man'a. He was The only substitute'or a grand jiry doubtless d;e:etedtl by the superior sagathat has been hinted at, being elective offti- city the of n oer t, lIhe few. ITvo hs ea eers, let us see wlhatmust be the result;. i.f are s,;id to be better than one; are not society relies upon a prosecuting attorney, twenty-thl e? At any rate, I should:raand he is made elective, as he is sure to) thelr trust thlem. It is difiicult to deewcie be under the constitution we are now fra- thelm; they a:re removed far (fom those in ming, he may owe his election to a flucn1ces which ahiectsingle individulls, dedozen votes of men whom it is his duty to pending on thle votes of the accused, perbring to justice. You will find. that the haps, for re-election. rogues in the community will invariably It has been said that public opinion dethrow their votes for the most timid, or the mands the destrucion of the grand jtry. most corrupt, or the weakest man. Which- So says my fiiend fror Cass. Now I do ever party nominates the most incompe- not wiish to be impertinent, nor to interferr tent man, will be surest of success. So of or speak for that gentlenman's constituents, justices. In such hands society cannot be but I will say that our constituents safe. mingle daily together, and I have neveru It has been argued that when the reason heard, till I arrived at this Convention, of a thing ceases, the thing itself should one solitary lisp of disapproval of the. cease-"Rctaione cessante, cessat lex." I grand jury. So far froim my own constitu-; studied a little law once, and I believe ents being opposed to it, I believe that that was the law Latin maxim. I main- if on this question had been staked the tain the reason of the thing has not ceased. issue of having a Convention, a majority There may be as much necessity for the would have voted against it. We were interposition of this shield to protect a citi- convened to promote various measures of zen from the malice or caprice of the pros- reform. There are some do mande d by the ecuting officer as ever. A confederated people of the State with almost entire tuiagang, such as t have described, might nimity; such as biennial sessions of the. crush the single individual. My friend legislature, the district system of reprefrom Cass [Mr. SULLIVAN] says that in this sentation, and a change in the judiciary secret councilof the grand jury, men gra- system. With regard to those, this Contify their malevolence. I do not know how vention is virtually instructed. But with it may be with some grand juries. I regard to this subject we have no such in" never was upon more than one, and so far struetions. With the exception of the pefrom being the instrument of injustice in tition from the county of Calhoun, presentl that instance, I believe that the jury were ed the other day by the gentleman fiomn able to ferret out tlhetruth with unerring Calhoun, [Mr. CRARYn, a vote of the certainty, and to separate at a glance the grand jury of Ionia, and some manifestacases instigated by malice from those com- tions of displeasure in Jackson, we have plaints prompted by an honest pursuit of no expression of opinion on this subject, justice. rThe gentleman from Wayne [the PresiFrom the case mentioned by the gen- dent] is as clear in his belief in regald to tieman from Jackson, [Mr. CORNELL,] and bis large constituency, that they demand the gentleman from Calhoun, [Mr.. D.D and expect no change, as I am in regard PIERCE,] that a person had appeared be- to my own constituency in St. Joseph. Vh fore a grand jury as a witness whlen le wwas has the public press been silent? W\lere are all the petitions? From whence comes [ions of the several States. I had suppoany loud clamor for reform of this evil? sed it was secured in all. I found it in all. There is in fact, sir, no such public ex- that I examined, and I had supposed that pression as will warrant this violent con- it followed every where, all over the globe, templated change. wherever the Anglo Saxon race had a footIt is said that the institution is secret hold. It is one of those institutions which and inquisitorial. It is proposed to let the Anglo Saxons every where- cherish day light in upon all investigation of crime, with pride, with affection, with undying and for whose benefit? For the benefit of tenacity. It has followed the Anglo Saxthose who concoct their plans in secret, on race as a shadow. It is one of-the sometimes beyond your jurisdiction, to be mile stones that mark their progress in conput in- execution on.your territory; who stitutional law and constitutional liberty. steal your horses in secret; who rob you As a citizen of Michigan, I would not rein secret;'who set fire to your dwelling in ject one of the noble characteristics of darkness and in secret; and who murder the race of which it is our pride and boast you in secret; whose whole.means and ap- to.be a part. The attempt to -change a pliances are secret; -and sir, shall society feature in our constitution, which has stood not employ secrecy to head, to circumvent, the test of centuries, is at least hazardous. to anticipate and to punish its enemies? To substitute another plan may: prove Sir, the argument from secrecy is all moon- quackery. But, say what.you will; cavil shine. Common sense dictates its use. In as much as you may; notwithstanding all the civil: administration of government, se- that hasbeen said about public opinionI crecy is often observed. Secrecy is abso- believe it is an institution that enjoys the lately indispensable in the prosecution of popular regard, the popular sympathy, and military and naval operations. In this very the popular confidence. If an immigrant building, in the Executive- department, se- of the same origin as ourselves, lands on crecy is -.observed, if the publication of our soil, does he not deem a residence what transpires is not conducive to the among us more eligible, if he finds rooted public weal. So far from being censura- among us those historical and time hallowble, I regard the employment of secresy ed institutions with which he is as familiar as laudable in the ferreting out of crime, as with household words. Here is an institualld society.would pursue a suicidal policy tion, simple, intelligible and safe; one to if it rejected its use. It is the very soul which he knows where and how he is amneof every well organized system of police. nable, and one which throws its protection For what is government instituted? For around his person, and his property, and his the protection of us all. For your protec- life. Would not such a man cherish - his tion and mine, sir; and government aban- home as more dear, andhis rights more sedons its duty and sacrifices us all, when it cure, in consequence of its preservation ceases to use. every efficient and honorable and existence among us? method to protect us, open or secret. Mr. GOODWIN said he had been misAs the-policy of this innovation is doubt- understood by the gentleman from Cabful, and as the arguments in favor of the houn, [Mr. J. D. PIERCE.] He [Mr. G.] grand jury preponderate, I would retain did not argue that the grand jury should: it for reasons which I should not consider be retained because it was an ancient.and sound, if it was really proved to be- dan- venerable institution; he distinctly stated, gerous or-, burdensome. I would retain if the system did not answer the purposes it, as the gentleman from Wayne [the Pre- for which it was instituted, he would go,: sident] would, for its associations. It is a heart and hand, with any one to perfect; partof the British constitution, or of those it; but until some system should be procustoms, traditions and precedents, held posed which he considered better adapted sacred as the British constitution. Omit- to secure the ends for which the- grand ted in the original constitution of the Uni- jury was organized, he should oppose its ted States, it was demanded by the several abolition. States, and now stands among the first If reform were called for in this mean amendments. The gentleman -from Wayne sure, as in the case of the English nobility sarysit is found in almost all the constitfu- and other institutions to which the gentle man [Mr. J. D. PIERCE] had alluded, why gavel full scope for the gratification of that had it not been manifested through the feeling; The resort to the grand jury i public press,. public meetings and discus- the first instance was generally in -those sions? s cases where there was no danger of the In addition to what had been remarked.escape of the offender. Too many of the by the gentleman from St. Joseph, [Mr. complaints made to grand juries had WILLIAMS,] in regard to the detection of a their origin in private malice. Often they gang of horse thieves, he would state that were made to gain undue advantage. a case came within his own knowledge, The institution was not perfect. It could where a band of counterfeiters were fer- be left to be improved by the legislature, or reted out and broken up by a grand jury, abolished, and a different'system substiand which he believed could not have been tuted. He ought not, perhaps, to vote on effected otherwise. the question, as his mind mright be biased Mr. GRARY said the petition present- by early predilections. He had'seen the ed by him to abolish the grand jury sys- operation of a different system -one where tern was the only one before the Conven- the fundamentrl law gave the right to a tion. It came from his own neighborhood, grand jury in only two classes of cases. and was signed by members of the legal He knew that such a system was efficient profession and citizens who had served on in bringing offenders to justice, and was grand juries and had seen their operations. attended with none of the evils anticipated.. He would tot predict the final action of It resembled the plan proposed by the delthe Convention, but thought they would egate from Macomb, [Mr. WALKER.] Such not adopt the requirements of the present a plan could be made to operate well, if constitution. - If those requirements had public sentiment was prepared to receive it. conformed to the-common law, or the con- With such a system, he was ready to abolstitution of the Uiited States, it was not pro- ish the present institution. So far as the bable that any -call would have been made wishes of his. constituents w ere known, he for the abolition of the grand jury at this was called upon to vote to abolish, leaving time. The welfare of the community did it to the legislature to furnish a substitute, not require the grand jury to take cogni- and knowing that a good substitute could zance of minor offences. be furnished, he would so vote, rather than.:.-The delegate from Wayine [Mr. GooD- have the system we had lived under the wIN] mentioned one grand jury that ferreted past fifteen years. out a band of counterfeiters. In the in- Mr. HASCALL said he thought it imstance referred to he does not tell how possible to state precisely what public opinmuch was effected by the vigilance and ion was, in regard to the subject under activity of.the then prosecuting attorney. consideration; as yet it had not been manOne case, however, did not prove the ne- ifested either through the public journals cessity of the system, for there had been or the conventions of the people. He, more than one band of counterfeiters in however, confessed that his individual the State. opinion was, that very serious objections He had no feeling of veneration for the'might be urged against the institution of institution. He could willingly vote to the grand jury; not onlyon account of its abolish it, if called for by public opinion. cost, but also on account of the secret ancd A substitute could readily be furhished ex paarte character of its action. He bethat would be equally efficient and far less lieved all'secret institutions to be dangerexpensive. Minor offences should be dis- ous and pernicious in their tendency, and posed of before the single justice. An- especially at variance with the theory of other class could be disposed of by infor- our government. A venerable precedent mation as well as by indictment. Even in had no charm to him, any farther than it aggravated offences it was now. the prac- conformed to principle, and subserved the tice to go first before the magistrate to ends of judicious public policy. It was make complaint. On a hearing, the magis- only to be respected when it would bear trate bound over for probable cause, and the test of reason, and in its action contr-: the case then went to the grand jury. If bute to the general'good. He was not, malice was to be gratified, the law now however, ready to say that this institution 23 90 should be absolutely abolished by posi- the common good, to sacrifice. that object: tive' provision of the constitution.'He to mere sentimentality. We have not met vbuld rather leave it open to the legisla- here to offer an indiscrimnting reverence ture to abolish it or not, when public opin- to the past. We are here upon a work of ion could be ascertained in regard to it. If reform; to correct the records of the past, its abolition should be found to operate and to fiame a constitution of government badly, and no good substitute could be adapted to the progressive spirit and ideas found, it would then be easy to restore it; of the times. Let us bring measures to if abolished by the Constitution, it could the standard of truth and reason. The only be restored by an amendment, after present generation of men have as much' much time and great inconvenience. He capacity to judge of the tendencies of thought in cases of high crimes, involving measures as those which have preceded. the punishment of death or imprisonment We have vastly better means of judging, for life, it might be well to require that because we have their experience added the accused should be put upon his trial by to our own. If the institution of a grand the indictment of a grand jury, and he jury is an ancient one, that of monarchy would therefore offer the following as a (as has been well stated by the gentleman substitute for the proposition of the gen- from Calhoun, Mr. J. D. PIERCE,) is yet tleran from Cass, [Mr. SULLIVAN,] which older. If the institution of a grand jury he hoped would meet the views of the is an imposing one, the trappings of moncommittee and avoid the necessity of fur- archy and nobility are yet more imposing. ther discussion: "The legislature may We have been reminded bythe gentleman abolish the grand jury in all cases except fiom Wayne, [the President,] that the inwvhere the crime charged is punishable stitution of the grand jury is secured by with death or imprisonment for life." the constitution of the United States, and. SULL- AN eae that gentl- by those of most of the States of the Union. men hal A urg ed as a stroRea caso against ^ While e reverence, as we ought, the conmen had urged as a strong reason against 0 a g rnlantil stitution of the United States, we must the abolitiot of the grand jury system, thates, o ve USt t habolitiobn do the grand juy system, tit remember that it was the work of fallible it had not been demanded by the public. peect men-great men indeed-He could not admit that the bare fact that and imperfect men reat men indeed-.no decided evidence of popular sentiment but yet men. He had looked into the con-: stitution of the United States, and found }had been furnished to the convention, af- there a provision that judges shall holdiordedany ground for inaction. He freely their offices during good behavior. He subscribed to the octrine, that the repre- found a further provision that they should sentative is bound by the will of his con- apponted by the Executive, by and stituents, so far as it is known. Where it e onte the xecutie, by an is unknown, he must act according to the lprepare tconst o these provisions? If light o~f his'own judgment, and take the prepared to adopt these provisions? If light.of his own judgment, and take the risk' of consequlenees.'Who knows wha~tnot, let us not take it as authority from sk of cnsequences Who kos what which it is little less than treason to dissent kind of judiciary system the people want? in reference to this particular measure,'Whether an independent supreme court, or while we disavow its authority in refera nisiljrius system? He doubted whether an misi p ers system? lo e dote had wrelti ence to other and very important measures. any member of the Convention had relia- Almost every constitution which has been ble evidence upon that point; and yet a reetl orm contained new provisions. recently formed, contained new provisions. system must be framed and submitted for He was entirely mistaken if very importheir approval or rejection. It had been t aerations were not made i ourpreurged that the institution of the grand jury snt te -mpe t u was an ancient one. He did not deny that st tem; if, for'example, the str ese some importance was due to that consider-ure of the judiciary system was not essenation. When an institution has been of tially changed. long continuance, it ought not to be rashly When he addressed the committee at a withdrawn; but where the reasons against former period, he took occasion to remark it are strong and clear, the duty of a pub- that the institution of a grand jury was an lie servant is plain, It would very itt;le expensive one. He did not pretend that become wise men, assembled to consult for this afforded any argument against its dil continuance, if it brought any compensa- culation could be made by which the exting benefit. If otherwise, it did. We Ppense of each grand jury could be reduced are here, principally, perhaps, to provide below one hundred and fifty dollars. -We for a retrenchment of public expenditures, had, then, grand jury expenses of three and the matter of expense in this case de- thousand dollars to set off against magisserves consideration. The gentleman from trates' fees of two hundred dollars. St. Joseph [Mr. WILLIAMS] had referred to This, however, is not all. Witnesses, a document on our tables, from which it if taken to the county seat, are to be paid appears that the amount paid to grand ju- their travelling expenses from the scene of rors is only between three and four thou- crime, which may be fifteen or twenty miles'sand dollars a year. A large number of distant; whereas, if the examination is becounties are not included in that state- fore a magistrate, it will be in the vicinity ment-no returns have been received from of the spot where the offence is committed, -them. Admitting, however, its fullness and expenses will be proportionably diand accuracy, so far as it goes, it includes minished. The same thing is true in rea very small portion of the expenses of a gard to officers' fees-their traveling fees grand jury system. It includes only the under the proposed system will be only to amount paid to the grand jurors them- a neighboring magistrate, while under the selves-not the sheriffs' fees in summon- existing system they are to the county ing them, and subpoenaing witnesses, nor seat, which may be considerably distant. the fees of witnesses themselves. Suppose, These remarks are all made uponthe -ashowever, three thousand dollars covered sumption that the difference in the matter -the whole expense; is that a sum so insig- of expense is only the difference between nificant as to excite our contempt? Sir, the cost of grand jury and justices' exany conventional body, or any legislative aminations; whereas, under existing regubody, that yields to such a course of argu- lations, it is necessary in a vast number of mentation, will find itself plunged into cases to encounter the expense of both boundless expense. The world is made tribunals. up of atoms. It is only by attending to When he addressed tle Convention beitems that we can save any thing in the fore, he alluded to the fact that the examiaggregate. Suppose the salary of a judge nation before the grand jury was secretof the supreme court was four thousand that it was an anomaly in judicial proceeddollars, and he were to propose to reduce ings-that the best security for the faithit to three, could it not be urged with ful performance of judicial duties was pubequal force, one thousand dollars is a sum licity; so that if fraud, or partiality, or too small to be regarded-it is a tax upon -corruption existed, the world could see it. the citizen too paltry to be felt? So every It has been urged, however, that the force proposed retrenchment could be combat- of the objection is lost, from the circumted, and no reform in public expenditures stance that the grand jury proceedings,pould ever be adopted. It has been de- are merely preliminary. It is true, they ruied that the expense of the existing sys- are preliminary. But aree thhetherefore tem is equal to that of the proposed one. unimportant? If so, we had. better dis Let- us analyze a little this matter of ex- pense with them. If important iat all, the pense.-'We -will suppose that- two hun- examination ought to be full and public.;ed examinations are to take place in It is urged that secrecy is necessary to twenty different counties, allowing ten secure criminals. Granted; but when is it *cases: to each.of the counties. Suppose needed? It is previous to the arrest-for h:,matter goes before a magistrate; his that object accomplished, the argumnent feS. in each case are, o an average, per- for secrecy ceases. Cannot a complaint haps, from seventy-five cents. to a dollar. be made to a magistrate, a warrant issued Call them a dollar, (and there must be and a criminal arrested with much more miagistrates enough here to correct him if secrecy than he can be taken by virtue of the estimate was incorrect,) we had, then, proceedings before a grand jury? Can' tw6 hundred' cases examined' by magis- twenty-three men keep a secret better than frates for two hundred dollars. Suppose' one? Will1 a body of men, known to th1e eases had gone to grand juries; no al-k bQ assemblel for the purpose of ferieting out criminals, be less narrowly watched tern inducements are held out to prosecuthan all the various magistrates of the ting officers to draw up prosecutions. The county? In the present careless mode of particular modusz operandci is not pointed selecting grand juries, corruption often en- out; what new facilities are afforded, or ters the grand jury roomn-accomplices in what new inducements of that character villainy are often there, and reveal every- are held out by the proposed system, are thing to their fellows. not disclosed. The fact is, there is no difIs it not a fact that most cases presen- ference between the two hin ts respect, ted to the grand jury in the first place, are Complaints for crimes cal now be made of an inferior grade, while those of a more to two tribunals-it is proposed to limit aggravated stamp come to themr from the them to one. \What earthly motive or famagistrates? cility does it present for drumming up It is urged by the gentleman from prosecutions. WYhere the prosecuting ofWayne [the President] that the jury de- ficer is allowed a salary, the more common rive important help from tle charge of an mode of paying him, it is obviously to hisg able and learned judge. The benefit de- advantage to have as few prosecutions as rived from the charge is small. The possible under. either system. It has been charge of the judge is generally a shot at urged that, under the proposed system, in3random. He does not know what parti- competent or corrupt prosecuting attorneys alar matters may be under consideration will be elected; all the rogues will vote before the grand jury; and it is ten chan- for a man of that stamp. He did not perees to one whether it has any applicability ceive the applicability of the argument to to the business before them. Besides, it the subject under consideraution. It related is necessarily of too general a character to to an entire dilifrent matter, and that was afford much help to their investatiations. vwhether proseceting attorneys should be It has been urged that underd thie pro- elected. f i t had ay bearing( upon the posed system groundless prosecutions will grand jury system he did not perceive it, be instituted. There are precisely the But, although the remark was outside of same facilities for nmaking them now. Tihe the case, he begged leave to suggest that existence of a grand jury does not prevent the competency and integrity of the proscomplaints before a amagistrate. It is to ecuting officer which would render him obthe grand jury, however, that groundless noxious to rogues, would array on his accusations are most likely to be made, side all the -oral worth of thee communibecause a man may hope at least that he ty. Hoe hoped it was not questionable in stabs in tlhe dark, and that no eye can see any county of this State which side in the hand which wields the dagger. It such a controversy would predominate. is there that malevolence will seek to be And now, in conclusion, he would regratified, because it is shielded by drk- peat lwhat he had said on a former occaness from public scorn. sion; that it is but justice to the accused It has been urged by the gentleman to allow him to confront the witnesses, to from Wayne [the Preside.nt] that a grand cross-examine them, to give him an opjury often rescues an ianocent mani fiom portunity to prepare for trial, and to exthe infamy of a public accusation. If this plain circulmstances that seemi unfavorable were so, it would accomplish a noble ob- to him. Hcw often does it happen that an ject. But the fct is different; the charge array of circtumcstances are brought foris certain to be made public-witnesses are ward against an innlcent marn, which a not swvorn to secrecy —they disclose to word will explain to the satisfaction of their acquaintances the testi-0ony they every one. Notwithstanding all the suphave given —it is knowna to the public-it posed advantages of the grand jury sysis carried to every part of the county. tern in sheltering a man from unfounded The secrecy before the grand jury is only accusations, he would repeat the question as to the general mode of proceeding be- he had put on a former occasion to the infore them, a matter which it is most im- telligence of every man, whether, if he portant should be public; about results were unjustly accused, he would prefer a there is none. secret and ez parte examination, or would It is urged that under the proposed sys- he choose to meet his accusers face to face before a magistrate. Tlhe answer to this REPORTS. question cannot be doubtful. A full ex- Mr. HANSCOM, from the committee on amination of evidence on both sides, be- the militia, reported fore one, two, or three magistrates, would, Article -, Ifililii. in his opinion, be better both for the pub- 1. The militia of this State shall be cornlie and the accused. posed of all able bodied white male citHe had listened attentively to the airgu- izens between the ages of eighteen and ments on the other side, but, notwithstand- forty-five years, except such as are, or may ing their great ability, his original opinion hereafter be exempt by the laws of the remained unshaken. United States or of this State. On motion of Mr. SKINNER, the con- 2. The legislature shall provide by law, mrittee rose, reported progress, and ob- for organizing, equipping and disciplining tained leave to sit again. the militia, in such manner as they shalt On motion of Mr. McLEOD, the Con- deem expedient, not incompatible with the vention adjourned. laws of the United States. 3. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned in such manner as SATURDAY, (12th dcay,) June 1. may be provided by law. Prayer by the Rev. Mr. TOOKIIER. Read first and second time by its title, PETITIONS. and referred to committee of the whole By Mr. ALYORD: of George Duffield and ordered printed. and 419 others of Wayne county, praying RESOLUTIONS. that the right of suffrage may be extended Mr. COOK offered the following: to persons of color. Referred to commit- Resolved, That on and after Monday tee on the elective fianchise. next, the Convention will hold two daily By Mr. McLEOD: of Robert Banks sessions; the morning sessions to comand 134 other citizens of Detroit, praying mence at 8 o'clock A. M.; the afternoon for certain alterations in. the present con- sessions to commence at 2 and a half o'stitution. Referred to the committee on clock P. M. the elective franchise. The question being upon the adoption Also, memorial of Wm. M. Johnston, in of the resolution, behalf of sundry civilized Indians, pray- Mr. BRITAIN said if the member ing the rights of American citizenship. would reflect a little upon. the condition of Referred to committee on the government things; he would not, I am sure, press his and judicial policy of the Upper Peninsu- motion at the present time. We can unla. der the present arrangement meet and hold By Mr. GARDINER: of citizens of a session of four or four and a half hours Pittsfield, Washtenaw county, for incorpo- every day, giving us plenty of time to finration of an article in the revised constitu- ish the business that we have previously tion, prohibiting the legalization of the matured elsewhere. And I would ask the traffic in ardent spirits as a beverage. Re- member, if he does not think it better to ferred to select committee of five. prepare his resolutions in his own room, By Mr. WALKER: memorial of a pub- rather than here. Much of the success of lie meeting held at Romeo, in Macomb this Convention must depend upon the county, relative to various amendments to shape in which matter is presented here; the constitution. ~ Referred to committee of for, if bills or resolutions are presented in the whole.. a crude or bad shape,with the action of By Mr. CHURCH: of A. D. Rathbone one hundred different minds upon the suband 165 others, residents of Kent county, ject, we shall make but little satisfactory praying that ordained ministers of the gos- progress in their correction. If there were pel may be prohibited holding offices of no business before the comnmittees, it still, honor or trust under the constitution. Re- at the present time, would be of no advainferred to committee on miscellaneous pro: tage to the State to have more than one visions, session per day; but when we' know that 24 P4 eighteen or nineteen of the committees- livan, Sutherland, Town, Van Valkenburg, the most important-have not yet matured Waite, Walker, Whipple, Whittemore, Wiltheir reports, I trust this Convention will liams, Warden, 59. not alter its order by having two sessions Nays-Messrs. Alvord, Arzeno, J. Barper day. tow, Beardsley, Britain, Asahel Brown, Mr. COOK-I hope sir, that this resolu- Burns, Carr, Church, Conner, Danforth, tion will be adopted. We have been here Eastman, Hart, Kingsley, Lee, Lovell, Mctwo weeks, and if we make no further pro- Leod, Roberts, Robertson, Story, Sturgis, gress than we did yesterday, we shall be Webster, Wells, White, Willard, Woodhere six months. man, President, 27. Mr. WHITE moved to strike out "two Mr. McLEOD offered the following: and a half," and insert "three." That the use of this Hall be allowed to Which motion did not prevail. Mr. BIBB, of Detroit, this afternoon, to exOn motion of Mr. DESNOYERS, the plain the views of the colored inhabitants resolution was amended by striking out of Michigan in reference to the elective "eight," and inserting "half past eight." franchise. i Mr. ROBERTSON moved to strike out Mr. McC. had been informed that a con"two and a half," and insert "two." vention of colored people had been held in Which motion was lost. Detroit to petition this Convention with reMr. WHITE moved to lay the resolu- gard to the elective franchise, and that tion on the table. Mr. BIBB had been appointed to represent The Convention refused to lay the reso- their views, which to them were of vital lution on the table. importance, and, had moreover been enMr. BRITAIN-The gentleman fiom dorsed by a respectable number of the Hillsdale thinks it time for us to act. I wish white inhabitants of the State; and it would to inquire of him whether as much may not be an act of courtesy on our part to liShave been done in the afternoon, as in the ten to their views. The afternoon of this four hours we speak here? WAhy have we day (Saturday) would appear to be the, notmade more satisfactory progress? Be- most favorable time, as by the resolution cause our minds have not been matured at we commence two sessions on Monday. home. What progress would the gentle- Mr. CHAPEL moved to amend by subman expect us to make if we were compelled stituting 5 o'clock. to transact all our business here, under the Mr. WHIPPLE-I hope that this will rules of the Convention? I apprehend we not grow into a precedent. If it does, we should not make much progress, and that shall be requested to give up this Hall for the work would not be worth paying for. all political questions. I do not find my mind matured. I find it Mr. WILLIAMS-Let them all come. necessary to investigate, and I presume Mr. WHIPPLE-Then we shall be dethat other members find it likewise neces- prived of sitting here. sary; but the labors of the committees are Mr. GALE-I hope the amendment will at the present time a sufficient answer. not prevail. Members of this Convention Mr. COOK demanded the yeas and would be glad to hear Mr. BIBB speak, to nays, and the resolution was passed as hear what he has to say. There is no sesfollows: sion this afternoon, and those who wish to Yeas-Messrs. W. Adams, Anderson, hear him should not be deprived of it. Axford, Bagg, Barnard, H. Bartow, Alva- Those who do not, can stay away. I hope rado Brown, Ammon Brown, Bush, But. it will not prevail. terfield, Chandler, Chapel, Choate, J. Mr. ROBERTSON-If any good reaClark, S. Clark, Comstock, Cook, Cornell, son can be given by my colleague, [Mr. Crary,Crouse,Daniels,Desnoyers, Dimond, C~IAPEL,] I shall vote for it; we have had Eaton, Gale, Gardiner, Gibson, Graham, no reasonsas yet. Green, Hanscom, Harvey, Hascall, Hatha- Mr.' CHAPEL-'I can give reasons, anid way, Kinney, Leach, Mason, McClelland, can give them in a few words. I believe Moore, Morrison, Mosher, Mowry, New- the subject is not properly connected with berry, O'Brien, N. Pierce, Prevost, Red- the business of the Convention- I do'not field, E, S Ro binson/ Skinner, Soule Sul- klnow what right this Qqaventioa hlas.fo give audience upon business that does not who does not choose to hear, can stay properly belong to it. We may nexthave an away; while on our part it is proper as a application for a free soilimeeting, next for mere act-of courtesy. some local question; and I am opposed to Mr. CHAPEL-I wish it to be unde'r: it in toto. We have business here; we stood that I am one of those plain kind of were sent here by the people to fulfill the men who have nothing to say on the bunduties they imposed upon us; and we have combe side, as this is one of the cases in no right to give up this Hall at any time, which gentlemen fear to be misrepresented. when we might be transacting our own The gentleman friom Oakland [Mr. VAN business, to listen to a subject that is no VALKE-BURGI] talks largely, and very way connected with our duties. I want much like talking for buncombe. Now, the business that we came here to do to the true policy is that'this Convention be done first. should attend to its legitimate duties, and Mr. LEACH-As the Convention is consume no more time than is absolutely not to be in session this afternoon, it cannot necessary. The people expect that this make any difference to the business. Convention will adjourn at the end of four. Mr. VANVALKENBURGH -If Iun- weeks; and here we are, day after day, derstand the argument of my friend from making speeches for buncombe. Macomb, he tells us that the object of this I am opposed, sir, to granting the use of meeting is foreign to the duties of this this hall to any class of men in this State, Convention. Is this the fact? Are not when we can occupy it with our own legitnumerous petitions laid before us praying imate business. Look at the treasurythat the elective franchise may be extend- the means are scant; we learn the fact ed to the colored people? Shall we close from every department. our ears to these petitions, which come up Now, sir, I do not wish to deprive Mr. from our own citizens as well as the col- BIBB of the use of this hall, except when ored people? I trust not. Whatever may we can be seated here forwarding business be the final sense of this Convention with connected with the revision of the constirespect to this matter, I hope that we shall tution. I hope that it will not be given up not exclude from these halls the friends of except at such times as it cannot be used the colored people, and that we shall not with advantage by us. be called to order by members telling us Mr. McLEOD-1 think that the gentlethat this is a subject foreign to the Con- manmisapprehends. The Convention said vention. they would hold afternoon sessions from I trust we are open to conviction; that next Monday, implying by that vote, that we shall attend to all petitions. I am in they would not hold a session this afterfavor of granting this Hall to the friends of noon-therefore, it will not interfere with the colored people, so that they may pre- the business ofthis Convention if Mr. BIBB sent to us their views, and if the free soil should occupy the hall this afternoon. I men wish us to hear their views, I am confess that I am a little selfish; I preready to hear them; and I trust that this sented the petitions of some Indians who Convention will not exclude from their call themselves civilized, and I wish to sympathies the petitions of the colored peo- hear the arguments of Mr. BIBB. ple. Mr. CHAPEL-I will amend my moMr. COMSTOCK-The question is, tion by this amendment: "unless occupied whether we shall grant the use of this hall by this Convention;" and I certainly shall to hear a petition upon an important ques- move that we meet here at 2 o'clock. tion. And sir, I am willing to grant it, even Mr. VAN VALKENBURGH-I feel although the petitioner has a skin darker called upon in self-defence to meet the arthan my own. I hold that they have the gument of my friend from Macomb. He privilege and the right to make known to talks very fluently upon the subject of bunus their wishes and desire-to us, the ser- combe. Hle has just given us a treatise vants of the people. upon the subject of the treasury-that we I am willing to hear what they have to have been here two long weeks, and asks say; as this hall is not to be occupied what has been done. We find him on the by an afternoon session, any member side of business and progress, but I would ask, sir, was this treasury speech intended may be formed, and the legislature can for this Convention, or others? Do we not then decide. They can dispense with the know the state of the treasury? Is not powers of the grand jury in part, and if, this speech intended for the ears of his that works well, they can go further; if it constituents? does not, they can reinstate them in the I apprehend that the citizens who ask at same position they occupy now. I hope our hands the use of this hall, have a right the amendment will not be adopted, as it to it. is a matter that requires grave consideraThe gentleman from Macomb says that tion. when the Convention adjourns it will ad- The substitute was not adopted. journ to meet at 2 o'clock. Does he not Mr. HASCALL offered the following as know that this Convention, by resolution, a substitute for Mr. SULLIVAN'S amendwhen it adjourns, will adjourn till Monday ment: "The legislature may abolish a morning-then hold two sessions each day. grand jury, except for crimes where the We are the servants of the people-they penalty is death or imprisonment for life." are the sovereigns. Many citizens have Which was not adopted. affixed their names to this petition, and it The question then recurring on Mr. SULis our duty to give it due consideration. LIVAN'S amendment, which was to add at I hope that this amendment will not pre- the end of section 10, "the institution of vail-that the use of this hall will be the grand jury is hereby abolished," granted unconditionally for the purpose The committee refused to so amend. asked. Mr. SKINNER offered the following Mr. CLARK-I rise to call the attention amendment, to commence section 10: of the House to the rules. No member "No person shall be holden to answer has a right to speak twice on the same for any crime, the punishment of which question without leave of the House. maybe death or imprisonment for life, The amendment offered by Mr. CHAPEL unless on a presentment or indictment of was lost. a grand jury, except in the land or naval The resolution offered by Mr. McLEoD forces, in the militia when in actual service was adopted. in time of war or public danger; and grand On motion of Mr. COOK, the Conven- juries shall have cognizance of no other tion went into committee of the whole, and offences." resumed the consideration of Article 1, Mr. SKINNER-I introduce this resoBill of Rights, Mr. BRITAIN in the chair. lution as taken, word for word, from the The question being on Mr. WALKER'S constitution of the State of Connecticut. substitute, offered yesterday, for Mr. SUL- I am satisfied that this Convention wants LIVAN'S amendment- something done with the grand jury sysMr. KINGSLEY-I am opposed to the tem. This has been pretty ably discussed, amendment, and likewise to the substitute. but it is an important subject. It is atIt is too violent a method. People have tacking an old institution, so old and so not yet made up their minds upon the sub- ancient that it is difficult to attackit sucject. It had been agitated as yet only in cessfully. But if the inquiry is conducted part of the State. If we proceed in this in a right spirit, it will notbe unprofitable, Convention making too many changes, not even if it should take us some time longer. called for by the people, one part of the If we arrive at a satisfactory result, we community will get hold of one objectiona- shall do a great service to the State. The ble part, another will get hold of another, simple benefit of reducing the number of and the result may be that we shall lose the traverse jury alone, will pay for the the result of our labors. Then, again,it looks expense of this Convention. too much like legislation. I had rather I am satisfied that the institution of the leave it as reported by the committee. Some grand jury, however beautiful in theory, say we will not vote to abolish the grand jury is wrong radically, and works a wrong. unless we know what the substitute is. It It even, in my opinion, affects the ends for will probably be the best to leave it to the which it was instituted. It does not work legislature, and not abolish_ it. Before an- the end proposed in_ the best manner. other legislature sits here, public opinion Whatever benefits it smay have conferred 92 at other times, at this time and in this ses presented to the grand jury are not country it is not what we want, nor does presented fronm motives of public justice, it accomplish its object. It is a cumber- but to indulge a spirit of revenge, and casome, expensive system, nor is there any ses are thus presented that never would reason for its peculiarities; for it is a pe- have appeared before a justice of the culiarity. What have we that bears any peace, where a man can meet the testimoanalogy in any other department of gov- ny face to face. Perhaps the same testiemnment? That a tribunal shall be in op- mony is not given as if it were an open eration in secret, that an examination shall trial. be held in secret, appears to me inconpat- But it is said that this is only the incipiible with our institutions. ent stae 8 Sit, it is not so.. What can be I say that nothing at the present time more effectual to destroy character than to could shield it except its antiquity. While procure an indictment to be found against all around us is in improvenment, I do not a person? Does not his character suffer feel bound to bow down to antiquity while he lies under this imputation, and alone.. can it ever be wiped off? Never. Does The very reasns which have been used he then stand a fair chance for trial? No in favor of the retention of grand juries sir. The report is, such a man lies a prisappear to be fallacious. Why is it nees- oner for such an offence. Every man has sary that this tribunal should be conduct- formed an opinion, not sufficient to preed with secrecy? It is said, tiat criminals clude him from being a juryman, but suflimay not have an opportunity of escaping; cient to prevent the prisoner from having but this pretext is fallacious. Here is a an impartial trial; and I cannot perceive 6ime set for the grand jury to meet- any particular benefit that arises from this these men are all known-every man mode of proceedineg. If a man is brought knows that at such a time such and such before a justice of the peace, he can promen will meet to ferret out criminals. bably make a sufficientdefence in five minIf a public proclamation were made that utes, and before even a rumor has gone oQn -a particular day all the rogues would abroad through the country; but it is not be arrested, could you catch them? If so withl the grand jury-le may lie under itwas a new thing how would that meet the imputation for a long time. Thus re. the views of this Convention? Would it venge, by this machinery, may and does be well to have it known that upon a frequently work injury to aa nnocent eertain day a large body of men would man. meet to convict of crime? No sir. wa wawe ill suppose that he has sufficiently once prosecuting attorney, and while draw- made his defence, and is discharged. He ing up a bill against a rogue, he gave us has laid a long time under this imputation; leg bail, and we could not catch him. It one half after.all believe that he is guilty is known when the grand jury sit and who and has eseaped tWa'ough some technicalithey are. If the rogue thinks he is not ty. His chalracter does not stand the same safe he leaves for parts unknown. as it did before. I cannot see any benefit It is considered as a seret, but it is for that wve derive from it. that very reason that it is more public- Then, again, it is expensive. Some genlike a secret passed from mouth to mouth tleman [Mr. WILLIAMS] said the expense. as a secret, Vwuich only gives it more pub- was but a few cents per head, but I think licity. The only effect it has is to permit that statement m-stbe erroneous; but true criminals to abscond before they can be or not, that comprises but a small portion apprehended. of the actual expense. I. repeat, again, It likewise acts rost injuriously against that all heinous crimes go before a justice; persons that are complained against. It all cases of malice go before a grand is not once in one hundred times that crimes jury. are complained of befose a grand jury. One gentleman told us it had a good When a crime has been committed, whien effect with regard to its moral bearing uppublic sentiment has been outraged, tle on a community. I have lived in Conneccitizens go before a justice of the peace ticut twenty years, and I never heard of aid bind the criminal over; while the ca- more than one or two grand juries, and 2 5 never saw one in my life. And I would stances where grand juries should have ask where, sir, have you a higher tone of found bands of counterfeiters. There morals? Where are criminals more speed- were many more, but the special case to. ily and surely punished. Then there is which I alluded was a case tracked out by a mode without this expense, without this a grand jury where any other method inconvenience. It is not, then, a new could not have been adopted. scheme to all, although it may be so to Mr. ROBERTSON moved to amend by some, for nowhere is justice administered striking out "in the land and naval forbetter than in the State of Connecticut. ces." I have not the vanity to believe that I Mr. McLEOD —My friend from Monroe, can throw much light upon the subject, but who says a good many good things in a but if I can throw in two mites I shall be quiet way, says that this may have referthankful. ence to a possible dissolution of the Union If the Convention think best to abolish As I am a Unionist myself, I hope it the grand jury, there can be nothing in may be stricken out. the way of a substitute safer or better than The amendment was carried. that used by the State of Connecticut. Mr. WHIPPLE-I have a substitute to This substitute does away with a grand offer for the amendment, but I regret to jury, except in cases of death or imprison- say that I am so indisposed I am not able ment for life; and I am willing to throw all to discuss the subject properly. I will prethe machinery for a guard that is possible sent it in two sections: in favorof a person thus accused-that he See 1. A grand jury shall consist of be tried by a grand jury, that he be tried not less than nine nor more than thirteen by a jury of twelve; thus we might recon- persons. cile the two extremes of opinion in this Sec. 2. No person shall be held to anConvention, and do away with a great swer for an offence punishable by imprisshare of the expense. onment in the State prison unless on pre~ There are one or more grand jurors ap- sentment of a grand jury. pointed in each town, whose duty it is to My first proposition is, to reduce the make complaints. They go before a justice number of grand jurors to not less than of the peace; if necessary they bind over the nine, nor more than thirteen persons. It accused-the accusation is made without has been said by my acute friend from expense-made openly-the accused has Cass, as well as other gentlemen, that the a chance of meeting his accusor openly, expense is very great, and that it would be and the accuser has a chance of drawing much diminished if, instead of a grand up his charge properly. jury, complaints were made before justiNow there is a great difficulty in draw- ces of the peace. I propose to remove ing up bills. The prosecuting attorney this difficulty by the amendment. We all has to draw up bills in a hurry or keep the know that the number at present consists grand jury waiting-that is the reason of twenty-three. I propose to reduce this why so many bills are quashed, and no one-half. The expenses incident to the wonder that it is so. mileage will be reduced one-half; and I I see no propriety in the case going give as the result of my experience, that through two tribunals. I hope the amend- this mode of investigating crime before a ment will prevail; for if we take no action -body consisting of nine persons, will be the Legislature will take no action, while much less than the expense incident to an the present system does no good, but a investigation of crime before a justice of deal of injury. the peace. When the proper time comes, Mr. GOODWIN-I wish to correct a I will go into detail; at present I have not misapprehension the gentleman has fallen the strength. My second proposition is, into. I alluded partly to the charge of the that no offences except such as are infajudge to the grand jury, when I spoke of mous, shall be cognizable by a grand jury. the moral effect. The difference between my proposition and I will also correct a remark from the that of my friend from Washtenaw, is this::entleman from Calhoun. He (said that his proposition is, that offences punishable tlere ought to have been many more in- with death or imprisonment for life, require 99 the investigation of a grand jury; mine is, the county, and each ward in a city; anthat all offences which are infamous in their other wants to make the prosecuting atnature, require that investigation. The torney, in company with the justices, a: same reasons which would induce the adop- substitute; another, that three or four of tion of his resolution, will induce a favor- the justices shall make the substitute. able action upon the amendment which I This shows that they do not agree. One propose. What difference is there in prin- says that he objects to the grand jury sysciple between an offence punishable for tem because it is too secret; the very next life, and another punishable by imprison- tells us that it is not half secret enoughment for twenty years? I apprehend that not half as much so as that of an office of the man who was sent to the State prison a justice of the peace. But it is useless to the other day, for twenty years, for the follow them in their various arguments and crime of murder, felt that he had gone for windings, as they do not tend to any one life. point. The only conclusion that they apMr. VAN VALKENBURG-My friend pear to come to is, that they do not know from Berrien tells us that it is an institu- what a grand jury is instituted for. Capition that should not be struck out of exis- tal has likewise been endeavored to be tance. If we pass a law permitting the made by coupling it with the nobility of accused t9 appear before the body which Great Britain. I say, sir, if tle nobility weltern) a grand jury, by that very act we of Great Britain, or the grand jury of shall strike it out of existance. Where Great Britain have established better prin" would the difference be between a so called ciples of justice'than a democratic governgrand jury and a traverse jury? You ment has done, then I am in favor of that bring a man, try him, and again a second principle. Nothing can tarnish truth, from time try hi~m by a traverse jSry. If the whatever source we receive it. We should legislature abolish this, they will do whgt not look at the principle with prejudice, at least I should wish them not to do,'as I nor should we give a spring to the prejuconsider it venerable by its age and safe dices of the people upon this question. in its action; that they would destroy one The question before us is, whether we shall of our firmest bulwarks when they abolish abandon the grand jury system, or with a the grand jury. less inumber preserve the system as a court. Mr. WHIPPLE merely wished the mat- of inquiry; and upon ade inquiry, send ter tested by experience. a criminal to stand his trial before a traMr. BAGG-In giving my reasons in verse jury of his county; and I contend favor of the substitute of the gentleman that it serves better the cause of morality, from Berrien, I do not know that I shall and has a greater tendency to check crime. be able to grasp the whole subject. I I shall vote for it, because I haye evaer thought I was ultra, probably the most ul- thought that twenty-three were too many, tra member in this Convention; and I find while twelve men, in my opinion, will be that I am drawn by the force of circum- infinitely better than some one man electstances into a conservative position. I ed in a corner of some of our cities or have listened to the various debates for the towns. Call them grand jury or what you last two or three days, and I do think that will, they ought to be retained. Dollars those who wish to abolish the grand jury and cents have but little to do with me in system, have failed to show reasons for the comparison, where crime on the one hand,.act. For myself, I have a peculiar way and innocence on the other, are concerned. of judging the truth.of a principle that -is Some gentleman computed the expense at under investigation, probably peculiar to two or three cents a head; if it amounted -myself. to a dollar it would still be as nothing; Truth is said to be a unit, and always would be considered as of little importance. agreeswith itself. Error never agrees withi In certain local situations more crime is itself, nor does it agree with truth. One committed than in others; owing to their will tell you that he is opposed to a grand locality. In Detroit, owing perhaps, partjury, and in favor of justices of the peace ly to the facility of the escape of criminals acting in that capacity; another wishes into Canada, there is more crime commitone grand juror chosen firom each town towhan in ed n all the rest of the State, Wefl, 100 sir, if we take the district attorney system, not have an indictment immediately after lie-may be called to the extremity of the the first examination, and have a traverse county; he must be omnipresent, for he jury try the prisoner, instead of waiting may have to attend a case in Detroit and until a grand jury bring *n a bill? Would a case in Plymouth at the same time; fif- not both expense and time be saved by teen or twenty cases may be going on at this method? Would not justice be as once. I do not believe i it, sir. I be- likely to be done to the parties? The exlieve that we ought to recognize a grand anination before a grand jury is always jury in a distinct article. I do not believe ex parce; and where is the propriety of laythat we can strike it out without endanger- ing the matter before an ex parte tribunal, ing the constitution itself. The very worst after there has been an examination of system imaginable, would be the union of witnesses on both sides, in a preliminary a justice of the pace, sworn to inquire in- proceeding. If the prosecuting attorney has to the body of a town, united with an itin- found reason or probable cause to charge erant, perambulating prosecuting attorney, crime upon the prisoner, is not that sufsworn to examine into the body of a coun- ficient to hold him to final trial, as soon as, ty. It is an innovation not called for by the parties get ready? the people. It has; beea said that the expenses of Mr. SUTHERLAND-I anl but a youing the grand jury amounted only to one cent member of this body, and this fact inclines to each citizen. If the cent had been me to silence; but when important qucs- spent In the manner proposed by the gentions are under discussion, I feel bound to tleman from St. Joseph, it would have ~give utter'ane to my sentiments. As far done the citizens more good. as the county of Saginaw is concerned, I Mr. WIIPPLE-Five cases of murder have heard many say that the institution have been recently presented by grand juof the grand jury was a curse; but it does ries. not become me to repeat the sentiment, in Mr. SUTHFE-,LAND —-.Three thousand opposition to the able arguments I have leiglt hundred and seventy-one dollars just heard. But, froi the little experience have been spent by thirteen grand juries. I have had, it does appear to me that the Mr. WILLIAMS —Tlwenty-two counties systeml involves a great deal of delay that have been reported. is: unnecessary in criminal proceedings. r. SUTIHEPRLAND —-I looked at the In criminal matters of which jJustices hlave report Iwith some care. Thirteen grand ju'isdictlimo, a- party appears before the juries have set at an expense of $300 each..magistrate, and makes his complaint; the M ight not that expense have been saved, person complained of has an opportLnity and justice done to all parties? to make his defence; if he does not excul- NMr. McLEOD —— As the gentleman from pate himself, judgment is given against Berrien proposes to give his views more him; but after this, the case has to be laid fully, I certainly hope that we shall have before a grand jury; a delay of months the benefit ot them before finally settling might occur. When the matter is first in- the question. lt certainly comies to us univestigated, the whole aspect of the ease is der imposing circumstances, presented by seen. The public are convinced that the the Chief Justice of the State, and so ably person ought to be acquitted or not, and as seconded by the gentleman from Wayne, a general thing, justice is done. When [Mr. BAGG,] who says that he represents greater crimes are charged, why not have more crime than any other member on the prisoner brought up in a similar man- this floor. ner, and have him examined? In these Mr. McCLELLAND-HHaving been ab eases, the services of the prosecuting at- sent for two or three days, I have heard torney are always called in under the pre- but little of the discussion upon the subject sent system, and he has an opportunity of under consideration, and never having had ascertaining whether there are any grounds any intimation until within the last week for the charge; -and havino, heard the evi- that there existed any desire to abolish the dence on both sides, he is prepared to draw |grand jury system, I confess I am not up an indictment.: Would not that be bet- prepared to give a satisfactory vote. tar than binding oIver tlhe prisoner? Why I believe that as. atteumpt was made to 101 engraft in the article a provision requiring sideration and regardless of their sanction. in most cases a presentment or indictment I would much rather the Convention would of a grand jury, and it failed. Had I confine its action to those subjects which been here when this proposition was made, have called us together, and in regard to I should have voted against it, because I which we can have but little difficulty if prefer to submit the whole matter to the we reflect the wishes of our constituents. Legislature. I would not limit its action, There are many features of the grand and for the reason that it is, at least in this jury system which are objectionable, but State, a new question, of magnitude and we are not prepared to correct them, and importance, which has not been agitated had better leave it to the action of the Legor discussed, and upon which the people islature. They can examine into the facts have expressed no opinion. The abolish- and give the subject due consideration, and ment of the system would be a great inno- change, modify or abolish it, as circumvation, and might give rise to many and stances may require. It is, undoubtedly, dangerous evils; but at first blush the rea- susceptible of great improvement, and sons for its discontinuance have great may, perhaps, be made less expensive and weight, and many are led to doubt the pro- far more useful and serviceable than it is priety of continuing it. The novelty, at present. No good reason can be ashowever, of the experiment is too obvious signed why a criminal, after a thorough not to deter us from making it a part of the examination before a magistrate, and a refundamental law of the land. Are we quirement to appear before the court and able in so short a time as we can devote to answer to the offence of which he is its consideration to give it that attention charged, should not be tried without the which it deserves? It is an important intervention of a grand jury. On the change, and the attention of the people be- other hand it may be necessary to have ingnow directed to it, if it meets their ap- this machinery to examine into criminal proval the - Legislature will adopt their combinations and conspiracies; and to inviews and dispense with the system; and duce grand jurors, under the solemnities when it has been fully and fairly tested, of the oaths they take, to disclose facts in if it meets the approbation of its advocates, regard to persons and offences committed the system will not be reinstated; but if, in their neighborhood, that might lead to on the contrary, its abolition proves dis- the conviction of offenders against the astrous, it can and will be restored. laws, and which otherwise would never beIf I am informed correctly, the experi- come public or be made grounds of accument has been tried in one of the States sation. of the Union, and there it is said to ope- But my object is not to discuss the rate satisfactorily. In Scotland, too, the question on its merits; I merely desire to grand jury system does not exist, and yet impress upon the Convention the improno inconvenieuce or evil is found to arise priety of our giving the proposition to from its want. In England and most of abolish the system entirely, a favorable the States, it is c6eval with most of the consideration. The Legislature can try valuable institutions of the country, and is experiment after experiment, and if evils deemed absolutely necessary in the prose- result from its action it will not be of so cution and prevention of crime. Such be- permanent a character as if we adopt it ing the case, it is not strange or remarka- as a part of the constitution of the State. ble that doubts should exist in the minds As there are, perhaps, few prepared to of members as to its propriety or impro- vote advisedly upon the question, I subpriety. mit most respectfully whether it is not the I am not prepared to discuss the ques- part of wisdom to leave it entirely to the tion on its merits, nor do I perceive any action of the Legislature. good that can at present result from it. On motion of Mr. RORERTSON, secThe principle is new-it has not been acted tion 10 was amended by inserting in the upon by the people, and they have ex- second line, after the word "jury," the pressed no opinion upon it-and it would words "which may consist of less than be improper and impolitic for us to engraft twelve men in all courts not of record." it upon the constitution without more con- On motion of Mr. McCLELLAND, sec26 102 tion 10 was amended by inserting after the MONDAY, ( 1 2th dCact,) June 17. preceding amendment, the words "to be The Convention met pursuant to adinformed of the nature and, cause of the journment, and was, called to order by the accusation." President. Mr. BEARDSLEY moved to amend Prayer by the Rev. Mr. MERRILL. section 10, by inserting after the word The President announced the following "defence," in second line, the following, select committee on the petition of citizens viz: "who shall have the right of re- of Pittsfield, Washtenaw county, for the ply." incorporation of an article in the revised Mr. CHURCH inquired whether the constitution prohibiting the legalization of delegate from Eaton meant by the words the traffic in ardent spirits as a beverage:'right of reply," the right to make the Messrs. GARDINER, LEACH, AMMON BROWN, closing argument upon the trial-a privi- HATHAWAY and W. ADAMS. lege now accorded to the prosecution. PETITIONS. Mr. BEARDSLEY-Yes sir; we all By Mr. KINGSLEY: of 205 citizens of know the old maxim, that "it is better that Washtenaw county, praying that the ten guilty shall escape than one innocent amended constitution may provide for exman shall suffer." tendingc the rig-ht of suffrage to colored We all know that the best talent in the people. land is employed in the prosecution-that Referred to the committee on the electhe utmost ingenuity is employed against tive franchise. them. The object of the amendment is REPORTS. to give him an opportunity for explanation, Mr. WHIPPLE, from the committee on that he may have a chance for his life or the executive department, submitted the his liberty. We all know that there have following: been cases where men have been convict- ARTICLE ed and executed, and afterwards it has Executive Dep)artment. been ascertained that they were innocent. 1. The Executive power shall be vested It is right that crime should be properly in a Governor, who shall hold his office for prosecuted, and those who are criminals two years. A Lieutenant Governor shall should be punished; but it is not a correct be chosen at the same time and for the principle to consider a man guilty the mo- same term. ment he is accused. Every means should 2. No person shall be eligible to the office be given him to prove his innocence-to of Governor, or Lieutenant Governor, who preserve his liberty or his life. shall not have been five years a citizen of On motion of Mr. LEACH, the com- the United States, and a resident of this mittee rose, and through their chairman State two years next preceding his election; reported the article back to the Convention nor shall any person be eligible to the office with sundry amendments, in which the of Governor who shall not have attained concurrence of the Convention was asked; the age of thirty years. The committee of the whole were dis- 3. The Governor and Lieutenant Govcharged from the further consideration of ernor shall be elected at the times and plathe same. ces of choosing members of the LegislaOn motion of Mr. J. D. PIERCE, the ar- ture; the persons respectively having the tide as amended was laid upon the table highest number of votes for Governor and and ordered printed. Lieutenant Governor, shall be elected; but On motion of Mr. MOORE, the commit- in case two or more shall have an equal tee of the whole were discharged from the and the highest number of votes for Govfurther consideration of an amendment to ernor and Lieutenant Governor, the Legisthe Bill of Rights, offered by him on the lature shall, by joint vote, choose one of 10th inst., relative to persons engaged in the said persons so having an equal and duels, &c. the highest number of votes. On motion of:Mr. WHITE, 4. The Governor shall be CommanderThe Convention then adjourned. in-Chief of the military and naval forces of this State. 5. He shall transa(ct all necessary busi 10.3 ness with the officers of government, civil 11. Itf during a vacancy of the office of and military; and may require information, Governor, the Lieutenant Governor sliall in writing, from the officers of the Execu- be impeached, displaced, resign, die, or-be tive department upon any subject relating incapable of performing the duties of his to the duties of their respective ofices office, or be absent from the State, the 6. He shall take care that the laws be President of the Senate shall act as Govfaithfully executed. ernor, until the vacancy be filled, or the 7, He shall have power to convene the disability shall cease. Legislature (or the Senate only) on extra- 12. The Lieutenant Governor:hall, by ordinary occasions. IHe shall communi- virtue of his office, be President of the cate by message to the Legislature, at every Senate; in committee of the whole, he may session, the condition of the State, and debate all questions; and when there is an recommend such matters to them as he equal division, he shall give the casting shall deem expedient. vote. 8. He may direct the Legislature to meet 13. No member of Congress, nor any at some other place than the seat of gov- other person holding office under the Uniernment, if that shall become, after its ad- ted States, or this State, shall execute the journment, dangerous from a common ene- office of Governor. my or a contagious disease. 14. Whenever the office of Governor or 9. The Governor shall have the power Lieutenant Governor becomes vacated, the to grant reprieves, commutations and par- person executing the duties of Governor dons after conviction, for all offences ex- for the time being shall give notice thereof; cept treason and cases of impeachment, and the electors shall, on the Tuesday next upon such conditions, and with such restric- succeeding the first Monday of Novemtions and limitations, as he may think prop- her next, choose a person to fill such vaer, subject to such regulations as may be cancy. provided by law, relative to the manner of The Lieutenant Governor and President applying for pardons. Upon conviction of the Senate pro tempore, when performfor treason, he shall have power to sus- ing the duties of Governor, shall receive pend the execution of the sentence until the same compensation as is allowed to the the case shall be reported to the Legisla- Governor. When in the actual performture at its next meeting, when the Legis- ance of his duties as President of the Senlature shall either pardon, or commute the I ate, the Lieutenant Governor shall receive sentence, direct the execution of the sen- the same compensation as shall be allowed tence, or grant a further reprieve. He to the Speaker of the House of Represenshall communicate to the Legislature at tatives. The like compensation shall be each session, each case of reprieve, com- allowed to the President of the Senate pro mutation, or pardon granted; stating the tempore, when in the actual discharge of name of the convict, the crime of which the duties of President of the Senate. he was convicted, the sentence and its date, 16. The great seal of the State shall and the date of the reprieve, commutation continue to be kept by the Secretary of or pardon. State; and all official acts of the Governor, 10. In case of the impeachment of the his approval of the laws excepted, shall be Governor, his removal from office, death, thereby authenticated. inability to discharge the powers and du- Which was read the first and second time ties of the said office, resignation, or ab- by its title, referred to the committee of sence from the State, the powers and du- the whole and ordered printed. ties of the office shall devolve upon the Mr. CRARY, from the commiittee on Lieutenant Governor, for the residue of the the judicial department, to whom was reterm, or until the disability shall cease. ferred the following resolution: But when the Governor shall, with the "Resolved, That the committee on the juconsent of the Legislature, be out of the dicial department be instructed to inquire State in time of war, at the head of a mil- into the expediency of providing that the itary force thereof, he shall continue Cor- legislature,. at its first session after the mander-in-Chief of all the military force adoption of the constitution, shall appoint of the State. three commissioners, whose duty it shall 104 be to reduce to a written code, the whole shall be distributed among the members body of the law of this State, or so much of this Convention, between the opening thereof as to them shall seem expedient;" and the closing of its sessions; nor shall reported the same back to the Convention, any member of this Convention or other asking to be discharged from the further person within the bar, read any newspaper consideration of the same, and recommend- or other matter, foreign to the business of ed its reference to the committee on the the Convention, between the opening and schedule. the closing of its sessions." The committee was discharged, and the Mr. WILLARD moved as an addition resolution so referred. to the rule proposed, "unless when long RESOLUTIONS. and dull speeches are being made." Mr. Green offered the following: Pending which, the proposition of Mr. Resolved, That the chairman of the com- BRITAIN was laid on the table. mittee on education be instructed to ad- On motion of Mr. COOK, the Convendress letters of inquiry to the present and tion resolved itself into committee of the late superintendents of public instruction whole on the general order, Mr. MCCLELof this State, soliciting their opinions as to LAND in the chair. the propriety of establishing the free school Article -, mode of amending and resystem, and particularly what, in their vising the constitution, was considered and opinion, would be its effects upon general laid aside without amendment. education in this State. Article —, division of the powers of Which, on motion of Mr. DANFORTH, government. was laid on the table. Sec. 2. No person or persons belonging Mr. WHITE, if in order, would call to any one of these departments, nor either up the resolution he had previously offered of the departments, shall exercise any of for eliciting certain information from the the powers properly belonging to either of Auditor General. He would state that he the others, except in cases expressly prohad seen the Auditor General, and had vided for in the constitution. been informed by that officer that he could Mr. CORNELL moved to strike out the furnish part of the information sought; a words, "nor either of the departments." part, it would take some length of time to He considered it an unnecessary repetition furnish. He [Mr. W.] hoped the resolu- of the words next preceding. tion would pass, that so much information Mr. HANSCOM hoped the words would as could be readily obtained might be had. not be stricken out. The first clause reThe resolution was taken up and adopt- ferred to the individuals in a department; ed. the latter to the department itself, without Mr. BRITAIN submitted the following reference to one or more persons. preamble and resolutions: Mr. J. CLARK-The object in view was Whereas, It is desirable that the basi- to make it as restrictive as possible. The ness of this Convention shouldbe comple- language was incorporated with that exted at the earliest practicable period; press view. He hoped it would not be And whereas, the practice of distribu- struck out. ting newspapers and other mail matter Mr. ROBERTSON would suggest that among members of the Convention, and the provision the gentleman proposes to the practice of reading newspapers and strike out, is a provision of the old article, other mail matter by the menbers and oth- which says that one department shall not ers within the bar, during the hours of bu- exercise the duties of any other departsiness, disturbs the harmony and impairs ment. The other clause applies to partithe efficiency of the Convention, retards cular persons in those departments, and it the progress of public business. and should is correct. be prohibited by this Convention; there- Mr. CORNELL withdrew the amendfore, ment, and the article was laid aside. Resolved, That the following be adopted Article -, impeachments and removals as one of the standing rules of this Con- from office. vention: Sec. 2. All impeachments shall be tried "No newspaper or other mail matter by the Senate, &c. 105 Mr. SULLIVAN moved to amend by State of New York, the Court of Appeals inserting after the word "Senate," the constitutes a part of the tribunal for the words "and judges of the supreme court." trial of impeachments. He believed great Mr. BUSH hoped the gentleman would benefit would result from the adoption of give some reason for the proposed amend- a similar system here. ment. In the absence of any argument, The amendment was rejected. he was of opinion that the amendment Mr. LEACH moved to amend by striwould be improper. In cases of impeach- king out the following: "Before the trial ment, the person removed would be liable of an impeachment, the members of the to be indicted and tried, and come again court shall take an oath or affirmation, before those judges. That no prejudice truly and impartially to try and determine might be on the mind of the judge, it would the charge in question according to the be better to leave the section as reported evidence." by the committee-that impeachments Mr. L. made the motion because he shall be tried by the Senate. wished to do away with an evil which ex' Mr. SULLIVAN said the reason for in- isted and which was increasing. serting the amendment was that cases There is, or at least should be, some may arise in which the advice, argument solemnity attached to an oath; but by our and reasoning of the judges of the.su- laws, oaths are required, to be taken on so preme court would be of use, especially in many occasions, that no regard or attention regard to rules of evidence and judicial is paid to them. If a citizen be elected to proceedings. As individuals may be ir- an office, however insignificant that office peached for political offences, it is clearly may be, the first thing he is required to proper that they should be tried by a tri- do is to swear that he will perform the dubunal composed in part of men having a ties of the office according to the best of large amount of political information. his ability; having performed the duty, But then, in a case of that description, it he has to swear that it was well done. is also to be considered that such a tribu- He [Mr. L.] was opposed to this great mulnal will act under the influence of strong tiplicity of oaths; they ought to be done bias and prejudice. It is important, away with in numerous instances in which therefore, to have a body associated with they are required to be taken. them, who are removed fiom the arena of There certainly was no necessity for its politics, and who do not. partake of that requirement in cases of impeachment, as prejudice and excitement which influence far as Senators were concerned. Senators a political body. A judicial officer may are sworn to do their duty to the best of be impeached; and in that case it is pecu- their ability, and when acting on an imliarly important that legal men should be peachment, they would be acting under associated with Senators, for questions the obligation of that oath. might arise in regard to the construction Mr. HANSCOM-There was a broad of laws, the forms of judicial proceedings distinction between members of the Senand the practice of courts, in which their ate sitting as a high court of judicature, opinions would be extremely important. trying cases where the rights of the pubMembers of the Senate are elected without lic were affected, and that class of oaths reference to their judicial qualifications, to which the gentleman from Genesee had and it might happen to contain upon the alluded. In this case the Senate is reortrial of an impeachment but a small amount ganized and becomes a court to administer of judicial ability. He held that when- the laws of the land. It applies particuever an impeachment was tried, the person larly to the case of an impeachment If a impeached should have the benefit of the case can be put, where an oath should be ordinary rules of evidence, and that the administered to a person having the adpractice of courts should be adhered to as ministration of justice in his hand, it should far as practicable. It is, therefore, impor- be in cases of trials of impeachment. tant that the tribunal for trying impeach- Mr. LE ACH must be permitted to say ments should be composed in part of men he did not see such a difference between who are familiar with the rules of evi- Senators acting in their original capacity dence and the practice of courts. In the and their judicial capacity. 92t 106 It appeared to him that there would be word "shall)' and insert "may." As the no more propriety in. requiring Senators Governor had to be addressed, it appeared to renew their oath.when required to act proper that he should have some discre, oi cases of impleachment, than there would tionary power on the subject. be in requiring the chief justice to take a The amendment was negatived. new oath every case he tried. Mr. BUSH was opposed to.the moThe amendment was negatived. tion of the gentleman from Genesee, [Mr. IVfMr. LOVELL moved to amend by striking BARTOW.] It is not presumed that an imout the word "present," and inserting the peachment would be proceeded with against word "elect," in the clause which provides any officer unless it be for corruption in his that no person shall be convicted without official capacity; but in this uncertain and the concurrence of two-thirds of the mem- changeable world, a person may be compebers present. tent to-day to fill any office, and he may Mr.L. said he supposed a majority of be totally incompetent to-morrow. He the Senate would constitute a quorum for may be as honest a man as ever, still he the transaction of business; if so, it ap- may be totally incompetent to perform the peared to him to be wrong to allow two- duties of his office. This section is prothirds of a quorum to convict in a case of posed to be incorporated in the constitution impeachment. For the purpose of taking to meet this contingency —that when twot the sense of the committee on the subject, thirds of the members of the Legislature ie proposed to amend. believe a person to be incompetent, but The amendment was adopted. not corrupt, they may address the GovOn motion of Mr. CRARY, section 5, ernor and have him removed. first line, was amended by strilking out Mlr. BARTOW withdrew his motion to E' Executive," and insertins " Governor." strike out. Section 6 provides that the. Governor AMr. WILLIAMS moved to insert "twoshall remove any judoge on an address of thirds of the members elect." There had two-thirds of the Legislature. been much discussion and heavy expense MrI. J. BARTOW moved to strike out the incurred in several legislatures, as to, the section, for the reasons that, in the first meaning of two-thirds; whether two-thirds place, it was entirely too indefinite; and, in of all elected, or two-thirds of a quorum. the second place, he could think of no He offered the amendment for the purpose good reason why the Governor should be of fixing a definite meaning to the words, vested with the power. and removing all difficulty with regard to An address of two-thirds of each House the interpretation hereafter. is required for the removal of an officer, Mr. RAYNALE supposed the object of while an impeachment may be found on a the section was merely to enable the Govanajority of one house.'This shows an ernor, during the sitting of the legislature, absurdity on its face. This provision can to get rid of a judge incapacitated for his only apply to the judges of the Supreme office. It seemed to him to require twoCourt. He [Mr. B.] entertained the opin- thirds of the members elect of both housion that the Governor ought not in any es to address the Governor in this case, was case to have power to remove a judge. requiring too much. The matter will be Mr. GOODWIN said proceedings by im- left perfectly safe, in requiring the majoripeachment are proper and necessary in ty of the legislature to address for remo, cases of corrupt conduct in office, crimes val. or misdemeanors; at the same time, there Mr. KINGSLEY thought it would be may be cases where such proceedings dangerous to leave the power of removal could not be had, in.which it would be im- with a bare majority. In times of high proper to continue an individual in office, party excitement, all the judges might be -in case his mind should be impaired. removed. There are many cases in which a judge Mr. COOK was in favor of the amend. -might be unfit to execute the duties of his ment. Where the constitution requires any office, and unless this section were retained thing of. the legislature, the language there would be no means for his removal. should be specific; so that no doubt could Mr. WALKER moved to strike out the be ascertained as to the vote required. In 107 our present constitution, where this lan- gislature is only acting as such, when actguage is used, it has given rise to much ing- with his fellow-members in session. If discussion, and much time has been spent he sigis a paper at home, he signs it as at in arriving at the conclusion as to what it individual.' He only acts as a memb-iu o meant; whether two-thirds of the mem- when in session. bers elect, or two-thirds in their seats. Mr. HANSCOO would add, "when inp The amendment was adopted. session." The mreaning was well underMr. HANSCOM moved to strike out the stood, but it could do no harm to insert the -word'address," and insert "concurrent words. resolution." This has been adopted in the The amendment was adopted. constitutions recently revised. It has a Sec. 7. The legislature shall provide by definite meaning, and would apply to the law for the removal of justices of the action of a body in their legislative capa- peace and other county, township and city. school district officers, in such manner and. Mr. BUSH was of opinion that cases for such cause as to them shall seem promight occur when it might be necessary per. for the legislature to exercise this power, lr, LOVELL moved to strike out the when not in session. He knew a person in words, "justices of the peace," and inoffice who was struck by palsy, and his sert "all." mental faculties impaired. In a case of Mr. BARTOWv would inquire to what that kind it might be very necessary that class of officers a justice of the peace bethe Governor should exercise the power longed. He is elected in the township, conferred upon him during the recess of but he is a conservator of the public peace, the legislature. The power to do so, could and belongs to the county. do no harm; but cases might occur where Mr. HANSCOM believed the sectio. it might be beneficial., well enough as it stood. Justices of the Mr. ORARY would ask if the gentle- peace were named specifically on account man supposes that, under. the law as it now of the importance of the office. stands, two-thirds of each branch of the The amendment was ne:ratived. legislature may address the Governor to,Jr. BRITAIIIN moved to strike out the remove a.judge, when not in session? first clause of section 3, which provides %When it speaks of two-thirds of each that the House of Representatives shall house, it means two-thirdsin actul session. elect from their own body, three members, At the close of the session, the members whose duty it shall be to prosecute imare scattered through the State. Who is peachments. to state the case? To accomplish the ob- Mr. B. said this appeared to him- to be a ject, the cause for removal should be sta- new feature in impeacllments. It *might ted at length. The gentleman is mista- induce members to promote impeachments ken in his construction of the article. for the purpose of obtaining the office, When assembled in their legislative capa- and thus result to the injury of individucity only can they address the Governor als. Every thing of that kind ought to be for the removal of a judge. It does not avoided, if possible. contemplate that members at home can Mr. SULLIVLA said tle reason for the sign ani address. Mr.'Morris, of New clause which the gentleman from Berrien York, wvas removed by a vote of two-thirds [Mr. BRITAIN] proposed to strike out, was of the legislature, but they were in actual apparent. The legislature having adjourrnsession. ed, as prescribed in the next clause, it Mr. BUSH believed that, literally con- would be necessary that some person or strued, the article in the constitution would persons should be appointed to present the give the Governor the power, and make it facts to the Senate. It would be an animperative on himi to remove a judge on omaly indeed, to have a prosecution inan address of two-thirds of the members, stituted against an ilndcividual, and havTe no vhen not in session. He knew not what person to conduct it. It has beenl the practhe' decision of the courts might be, but tice to appoint conductors of impeachsuch was his view of the question. ments in each case. The committee, were Mr. GOODWIN-A member of the le- of opinion that this provision miglt with 108 propriety be incorporated in. the constitu- Mr. SULLIVAN was of opinion that tion. persons belonging to the House would be Mr. BRITAIN-All the cases cited by the most proper to conduct an impeachthe gentleman from Cass, [Mr. SULLIVAN,] ment, because the persons who'bring forand others who have spoken against the ward the impeachment are those who have amendment, are cases which have occur- made it a matter of investigation. Those red Where impeachments were tried during having a.knowledge of the facts, always the session of the legislature, and where an will be, and always ought to be appointed appointment upon a committee to prose- to conduct an impeachment; to appoints cute impeachments, only increases the la- others, who are not required to have the bor of the persons appointed, without in- requisite knowledge, seemed to be improcreasing their compensation. What would per. be safe in that case, might become unsafe Though not believing in the perfectabiliin this case, where impeachments are to be ty of human nature, he could not think it tried after the close of the session; and the so degenerate that three individuals, selectmembers of the committee can extend ed by one branch of the legislature, should their official term, with its pay, by inves- labor to pursue an impeachment that would tigating and promoting impeachments; and stamp ignominy on a person for life, for I think any man ought to be able to see in it the advantage of being employed a week an inducement to members of the commit- at three dollars a day. The danger appretee, to get up impeachments upon frivolous hended by the gentleman from Ingham, pretences, merely,for the purpose of pro- [Mr. BUSH,] he [Mr. S.] believed to be longing the sessions of the Senate and imaginary. committee, without the least expectation of Mr. GOODWIN said it seemed to him sustaining them before the Senate. to be peculiarly appropriate, in incorporaIf it is desirable to try the impeachment ting an article in the constitution on the leafter the adjournment of the legislature, gislative department, prescribing the mode (as perhaps it may be to save expense,) I in which they shall discharge their constihope at least that the committee will not tutional duties, to say when an impeachbe appointed until after the impeachment ment is made by the House, they may ap. shall have been ordered, and should be point a committee to conduct it. glad to see some plan devised, by which it In the House, before an impeachment is could be dispensed with altogether. ordered, it will be subject matter of inquilMr. HkANSC.OM moved to strike out ry by a committee, to ascertain the facts. the words "elect from their own body When an impeachment is prosecuted, the three members," andinsert "shall desig- committee to conduct the impeachment, nate proper persons." usually, are those persons who have obMr. H. said he thought the gentleman tained the information and laid it before from Berrien, [Mr. BRITAIN,] must see the the House. They do it in the discharge necessity of a person or persons being ap- of their public duty, in protecting the pointed to conduct an impeachment. The rights of the citizens of the State. House, it is to be presumed, will be in pos- In view of the prosecution of the imsession of all the facts upon which the im- peachment, they, of course, select those peachment is founded. The Sentate is con- members who are best acquainted with stituted a tribunal for trial; the person ac- facts, and most peculiarly fitted to present cused can appear by counsel; it is essen- them to the tribunal appointed to try. tially a trial at law. It would perhaps be There is a peculiar propriety in theprovibetter to leave it here, so that that body sion as it stands in the section. niay appoint. Mr. BRITAIN expressed himself not Mr. J. D. PIERCE was opposed to the quite satisfied with the arguments in favor proposed amendments. It was the duty of of this innovation, but would submit to the the House to conduct the impeachment, sense of the committee. and prosecute it to a final decision. The On motion of Mr. COOK, the committee whole responsibility rests with the House. rose, reported the articles back with He [Mr. P.] should he unwilling to in- amendments, and were discharged from sert any thing in the constitution that would their further consideration, lessen their responsibility. 109 Article -, mode of amending and re- a man from persecution and intoleration in vising the constitution, being nnderconsid- consequence of his opinions on matters of eration, the same, religion? It is important toprotect him; On motion of Mr. BARTOW, was laid we ought to insert "no man's civil; reliupon the table. gious or political rights shall be impaired." Article -, division of the powers of Mr. J. D. PIERCE —The object the government, reported back without amend- gentleman from Berrien had in view was ment, was ordered engrossed for a third provided for in the article in respect to the reading.. competency of witnesses. The article unThe Convention having under consid- der consideration had reference simply to eration Article, impeachments and re- civil and political rights, and not religious. movals from office, the amendments made Every man has the right, as far as reliin committee were concurred in in gross. gious matters are concerned, to maintain On motion of Mr. McCLELLAND, the his own opinion. The word here would article was further amended by inserting be unnecessary. after the wordT "shall," in line 1 of section The amendment was concurred in. 3, the words "when an impeachment is di- On motion of Mr. CRARY, section 21 rected." was further amended by striking out the Mr. ROBERTSON inquired whether word "foreigner," and inserting the word there was any provision for the removal of "alien." any State officer, except by impeachment. Mr. C. said the word alien had a fixed The Treasurer might go on pocketing the and definite meaning, the other had not. funds during the recess-the Governor or Mr. WHIPPLE moved to insert after any one else having no power to remove the word "contract," in section 16, the him. words "or affecting the vested rights of priMr. SULLIVAN said the matter had vate persons, or retrospective in its operabeen under consideration in committee. tion." They thought it not proper to take action Mr. WHIPPLE, in offering the amendon it, but leave it to the Legislature. To ment, remarked that its object was to arrest go into the matter would require an amount a species of legislation which had affected, of detail that would be better left to the vitally, not only the rights of individuals, Legislature. but which had, to a great extent, impaired Mr. WALKER moved to amend section the honor and credit of the State. The 6, line 2, by striking out "shall," and in- constitution of the United States contained serting in lieu thereof the word "may." a prohibition against State laws impairing Which did not prevail, the obligation of contracts. Under this proThe article was then ordered to be en- vision it has been held that a law which afgrsssed for a third reading. fected vested rights was not within the inhiOn motion of Mr. J. D. PIERCE, Arti- bition unlessthe obligation of a contract was cle 1, Bill of Rights, was taken from the impaired. Vested rights were thus left to table. the mercy of State legislation, which knows Amendment to section 6, to strike out no restraints except such as are imposed the word "religious" and insert "political;" by the constitution of the United States or the question being on concurring, of this State. Why the constitutional reMr. BRITAIN said-Persons have re- striction should have been limited to the ligious rights as well as political rights, protection of contracts and not of vested and he did not know why they should not rights, it is difficult to imagine. While it be as sacredly protected. He was aware is important that the integrity of contracts that the term religious was treated with a should be rescued from the grasp of unsneer when it was proposed to be- struck wise legislation, it is equally important that out; but had not the people religious rights, security should be thrown around vested and was it not proper that those rights rights.. should not be impaired on account of their The amendment further contemplates opinions on religious subjects? Is there that all laws shall be prospective in their any preference in the other rights? Is operation. He would not dwell upon the there not as much propriety in piotecting enormous evils which have followed in the A, 110 train of this species of legislation, which and more particularly in those relative to it' is the object of the amendment to sup- the conveyance of real estate; some of press. Those evils are familiar to all who which I will mention, for the sake of illushave kept pace with the legislation of this tration. State since the organization of our State The revised statutes of 1838 required government. A glance at our statutes af- deeds or conveyances for the purpose of fords the best commentary upon laws being recorded, to be executed before one which purport to extend relief to one class subscribing witness. These statutes were of citizens by defrauding another. The in force and took effect on the 31st of impolicy and injustice'of such legislation August of the same year. They were was so manifest that he would forbear fur- distributed over the whole State, and the ther comment. He desired that laws people had scarcely become conversant with should hereafter be made to regulate the their provisions before they were amenfuture conduct of those upon whom they ded. On the 30th of April, 1839, the are to operate, and not to act upon past legislature changed this feature of the transactions. I trust [said Mr. W.] that law, and required two witnesses to the exwe shall give a death-blow to that brood of ecution of deeds; and this change, by the rmiscalled relief laws, which now disfigure provisions of the general law, began to our statute book. operate one month after, and long before Mr. McOLELLAND-Until recently-I the statute making it was published or entertained the opinion expressed by my known to those to be affected by it. The friend from Berrien, [Mr. WHIPPLE;] but same general statutes required the -acon further examination and reflection, I am knowledgment of the wife to be taken inclined to doubt the propriety of adopting separately and apart from her husband, such provision as he proposes. The Su- and that she should acknowledge that she'preme Courtof the United States have de- executed the deed without any fear or cided that a law depriving an individual compulsion of her husband. By an act of vested rights was not unconstitutional, passed April 1, 1846, the legislature alterprovided it did not impair the obligation of ed this, and required that on a private a contract. This decision gives to the Leg- examination, separate and apart from her islature of the United States and the States, husband, she should acknowledge that' she where there is no prohibition, a great pow- executed the deed without fear or compuler, which might be abused; but from an sion fronm any one; and this law, making examination of the cases that have come such a radical innovation on the well before our- courts, I believe no evil has established practice of all the States, took yet resulted from its exercise. It would effect immediately afterits passage. Now be difficult to induce a legislative body to I will venture the assertion that there are pass any such law, unless it appeared many deeds executed and acknowledged clearly that equity and good conscience after the passage and taking effect of these imperatively demanded it. I would much laws, conveying large and valuable tracts rather clothe our courts with discretionary of land in this State, that are defective, powers in reference to such cases as are although drafted by intelligent and cornusually presented for legislative interfer- petent draftsmen, and who are not censuence, and should willingly go for any such rable for their ignorance of the provisions provision, if it were properly guarded; but of laws, whose existence, under ordinary the amendment of the gentleman from Ber- circumstances, they could not have known.'rien is entirely too broad. Most of such The defects, by the decisions of ourcourts, laws have been enacted to cure defects in are material and important. By the imassessments and collection of taxes, and proper action of the legislature, the title in the execution and acknowledgment of to much of our real property is, to say the deeds. Many have doubted the expediency least, involved in doubt and uncertainty. of the former, but few will object to the The parties acted honestly and in good latter. There- is almost an indispensable faith, and the intention is plain and maninecessity in this State for the proper ex- fest, and can there be any valid objection ercise of the power, because of-the con- to the interference of the legislature and stant changes -made in our general laws; I the caring of these defects, The State il' has done gross injustice and should reme- Sec. 2. The number of representatives dy the evil as soon as practicable, and I shall never be less than sixty-four nor would interpose no bar to it. The legisla- more than one hundred, and shall be chotures of the different States have been sen fortwo years and by single districts; accustomed thus to legislate, and if the the Senate shall consist of thirty-two memfacts upon which their action has been bers, and the Senators; two from each dispredicated are examined, I doubt whether trict, shall be elected for four years. any objection would be urged to it.. A Mr. FRALICK offered the following refusal to grant relief under the circumstan- amendment to section 2: Strike out all ces would be considered cruel and unjust. after "districts," in third line, and insert I hope, therefore, this amendment will not "the Senate shall consist of not less than be adopted; at all events that its further twenty-four nor more than thirty-two memconsideration will not be pressed to-day. bers, and shall be elected for four years Mr, WHIPPLE, in reply to the re- and by single districts." marks of the gentleman from Monroe, Mr. RAYNALE moved to amend the [Mr. MCCLELLAND,] observed, that he was amendment by striking out "four" and unwilling to sacrifice a general principle, inserting' two." which finds its vindication in the breast of Mr. FRALICK said he did not propose every honorable man, because in its applica- to make a speech, but would simply give tion, particular instances of hardship may his views on the question-views which occur. - The same course of reasoning he believed he entertained in common with would equally apply to every general law a large share of his constituents-in fact, on your-statute book; and yet, it furnishes he considered himself virtually instructed no just ground for its repeal. The cases to go for single Senatorial districts. The cited by the gentleman from Monroe illus- committee had reported differently, and trate my argument, and then, very con- he offered the amendment for the purpose elusively, the injustice of retrospective of testing the views of the Convention on laws. It is true, as was stated, that the the subject. He thought thirty-two memlegislature of a neighboring State, passed bers of the Senate a large number; he laws purporting to legalize the defective should have preferred it limited to twentyacknowledgment of deeds by married wo- four, leaving it open to extension hereafter men, and it is urged that such laws are as the population of the country should justified upon the soundest principles of increase. The reason why he proposed morality. I will not stop, sir, to discuss four years as the term for which the Senthe moral question, although I think it ators should be elected was, that they would not be difficult to overthrow the might be elected alternately, so that in the reasoning upon which it is based. The first instance half the districts should elect courts of the State of Ohio, yielding, per- for two years and half for four years, and haps, to tile supposed hardship of the case, afterwards alternately for the full term as and the pressure of public opinion, upheld they now do. He hoped this and some the laws in question. I think, however, I other amendments would be engrafted in am justified in saying that these decisions the Constitution. The evils and difficulwere afterwards reconsidered, and the ties that exist in large electoral districts laws in question declared unconstitutional were well known, arising from the irresand void. The effect of such laws never ponsibility of Senators to their constituents. fail to prove mischievous, and often op- He wished to bring Senators home, and pressive, make them more immediately responsible On motion of Mr. STOREY, the Arti- to their constituents. Under the prescle was made the special order for Thurs- ent system a large portion of the people day, and the Convention adjourned, are entirely unacquainted with the character or abilities of the Senators they send Aflteinoon Session. here. On motion of Mr. CRARY, the Con- In my district [said Mr. F.] Senators vention went into committee of the whole are nominated without any knowledge by on the Article, Legislative Department, the people of the character, standing or Mr. WELLS in the chair, ability of the candidates; to be sure, the 112 convention says they are proper men; the icy to elect the Senators for four years and party paper reiterates it-that of course-it classify them, inasmuch as then one half is what itis paid for; but we want a differ- of the districts would elect Senators every ent system. He trusted the convention two years. would adopt the principle of single districts. The only material difference that will Then every candidate would be known to exist between the Senate and House will a large portion of those who nominate and be the forms and proceedings upon bills vote for him —they will then be acquaint- and resolutions passing' from one to the ed with the character and abilities of other. When the Representatives and those they send to the legislature to repre- Senators represented different territories, sent their interests. different constituencies and different interMr. McCLELLAND-The object the ests, the measures proposed by one house committee had in view in reporting this were generally severely scrutinized by provision was to keep up the distinction the other, and thus much hasty and between the Senate and the House. If immature legislation was prevented. But.the views of the gentleman from Wayne such will not be the case when their were adopted, he [Mr. McC.] saw but lit- objects and aims are the same. The tle necessity for a Senate, and it might as Senate, constituted as it usually is, is well be merged in the House, as had been not so apt to yield to sudden impulse and proposed by one of the delegates. This passion; and its experience and knowledge had been tried in Vermont and Pennsyl- of business and the principles of legislavania, and proved so unsatisfactory as to tion fit it most admirably for the prevenbe speedily abandoned. tion of the evils that often result from the The design of a Senate is to act and want of those qualities in the House. operate as a check upon the House, and to Mr. Madison says, "A Senate, as a seepreserve the conservative character of the ond branch of the legislative assembly, Legislature. Hence the necessity of its distinct from, and dividing the power with members representing a larger territory a first, must be in all cases a salutary and different constituents and interests check on the government. It doubles the from those of the House. Take. for ex- security to the people, by requiring the ample, the county of Wayne, represented concurrence of two distinct bodies in in part by the gentleman who made this schemes of usurpation or perfidy, where motion. You have adopted the single the ambition or corruption of one would representative system, and according to otherwise be sufficient. t * * * As the the probable ratio under the next census, improbability of sinister combinations will that county will be entitled to two Sena- be in proportion to the dissimnilarity in the tors. It is true the boundaries of the rep- genius of the two bodies, it must be politic to resentative districts will be more confined distiqguish them from each other by every and less extensive-but when you take in- circumstance which will consist with a due to consideration their associations, business harmony in all proper measures, and withl transactions and political relations, it will the genuine principles of republican govbe difficult to conceive how their interests, ernment." feelings or views can differ. The Repre- If you adopt the single senatorial dissentative, although elected by a portion of trict system, you will find great and perthe county, will be practically the repre- haps insurmountable difficulty in presersentative of the entire county as well as ving your counties entire and preventing the Senator, and will be as zealous in main- divisions, and at the same time giving a taining its rights and interests. If any ex- full and fair representation. It would not citement prevails, the Senator will be ope- only be bad policy, but few of the people rated upon by and partake of it, and its would submit to a division of their couninfluence will be equally felt by both. Add ties and the attachment of a part to anto this the election of the Senator and Repre- other county for the purpose of forming a sentative at thesame time and for the same senatorial district. If the gentleman's term,and you destroy another important fea- county [Wayne] has a large fraction, will ture of the Senate. That this will be done is its people be willing to detach a portion likely,because it may be considered bad pol- and suffer it to be united to another coun ty? or will they be disposed to lose all legislation may be expected. You must representation for that fraction? Again, guard against the "out-siders" and. the will the inhabitants of thatportion willing- tricks of legislation; and this requires much ly consent to sunder all the political ties tact and an intimate knowledge of parlia0 and business associations which connect mentary proceedings. them with their own county, and be thus He [Mr. McC.] was in favor of single far separated from it? I doubt it. It will representative districts, so as to bring that certainly introduce confusion and a state body as near as possible to the people, and of things by no means desirable. If gen- to make it a fair exponent of their views tlemen would reflect upon the embarrass- and opinions. But the Senate ought to be iiients surrounding this system, they would differently constituted. There was no syshesitate long before they would adopt it tern superior to that under the constitution permanently. of the Union; of course, he did not conThe gentleman from Oakland proposes tend for the same principle as to territory to reduce the Senatorial term from four to and population, but the Senate of this two years; and if the single district system State should possess most of the characprevails, it may be adopted. Your object teristics of the Senate of the United States. should be to give experience to one or oth- There you find experienced men, practiset er of the houses, and the committee con- in all the arts and forms of legislation, ceived that the term proposed in the arti- conversant with the history of the countryl cle was not too long, and would have a sal- and knowing its wants. The House often utary effect. If you examine into the throws into that body ill digested measures, causes of much of the legislation that has but they seldom escape the ordeal to which been complained of, it will be found to be all things are there subjected. Hence the the result of inexperience. Experience.season of there being so little immature and practice are as necessary in this, as in legislation in Congress. Try the single any other profession or avocation of life; representative systEm, but carry it not into and it is usually a guaranty against un- the Senate. wise, improvident and extravagant legisla- Mr. FRAL1CK-This section provides tion. Fraud and corruption may have for two members in a district. By a clause been practiced, but it would at least be in the fifth section, no county shall be dimore charitable to ascribe it to this cause. vided in the formation of Senatorial disYou may send into the legislative halls the tricts, in which case a large portion of the most talented and upright men in the com- county of Wayne will be disfranchised. munity, and if they are not conversant With a Senate of thirty-two members, the with the business of legislation, they are county of Wayne will be entitled to three liable to be imnposed upon until they gain Senators. What shall we do with the exexperience, which is often dearly bought cess over two? We cannot give them three, by them and their constituents. Gentle- and a large number will be unrepresented. men may argue that the people can re-elect Mr. McCLELLAND-Will the gentlea member, and thus be benefitted by his man allow me to interrupt him? At the knowledge; but rotation in office has be- first session of the legislature, the apporcome so popular, that even now it is ex- tionment must be made. The construction ceedingly difficult to elect a member two heretofore put upon this clause by the leyears in succession; and it would be far gislature was, that they make the division more so if the two terms were four years. as near as practicable, according to popuIf you elect the Senators for four years, lation. The ratio, if you base your calcuand divide them as proposed into two class- lation on the last census, will be about fifes, and choose onre-half every two years, teen thousand; but some districts willhave you will always have a body of experi- a smaller population than others. If the enced men on whom to rely. If they are fraction be large, they will have.a Senator; such men as should be there, the people if small, they will not; if mere than oneneed not apprehend any hasty or impro- half of the ratio established, you will be per legislation; but if inexperienced men entitled to a Senator; if less than one-half, are sent, no matter how pure the motives you will not. by which they are governed, much bad Mr. FRALICK — The matter is not yet 29 1:4claear to me. If a district were entitled to would be an anomaly in the history of three Senators, they must either take four elective governments calculated to destroy or two. the purity of elections by colonizing voters JMr. McCLELLAND-My view was, from one district into the other, and one to that we should give four Senators to a dis- |which he thought the people of Michigan trictkf' The committee reported two, and would be unwillng to subinit. adopted the present ratio, founding it on The obLectlons to the e!ectioa of mote the last census; under that enumeration than one Senator from a difstfict, were, the county of Wayne would be entitled to 1. That td clk aot secure to the respective two Senators. As to the number of Shia- parts of the district a representation. tors, the committee thought it would be 2. That it gave great inducements for best to make it permanent, so as to dis- the exercise of bad faith by one part of pense with further legislation upon it. The the district towards the other. gentleman can easily obviate the diffculty His amendment removed both of these he anticipates, by moving to amend the objections.. It removed the first objectio' last lina Ypf the section by inserting the by secriig, to each Odtiona of the district words "a't least" before "two," so that'its oepresentatio- almost as effectually as the same will readc,'"at least two from single districts could do; and it remove( each distriett" the second objection by compelliMg botfl It was [said M:I cG.]le opinion of those political parties to select tiCeir candidates experienced in legisliaot iit-h. whom lie from the samne porti'n Of the district. hadcosversed, t}hat the Senate'otght to: bJ Would he be told that the treachery of increased; that it would be mqro ffrcient one part of the district tow.ard te otherand do better service to the State, anmckteht was not to be exp.ected,Ranat.:eed not be its respectability, dignity and utse.fthios provided against i..P Persons who could to the people themselves vwopud bl,'geatl.yt, ink so had observed the operations of increased.,.,r political machinery to no prrpose,. jHI Mr. BRITAIN offered a substitute for'bad never seen an election in, a district futthe aiiiendment. offered By MVi F: ALIK. nishing two or t., ore members Without Add to section two as follows: " and by more or less of this bad faiths, so generally double districts; Senators after the first denoreilnaed "bargain and sale;" and election under this Constitutionr to be elect- what was nmcst mortifyinig tc an upright. ed from each lhalfof the district alternater - man was that it was an exercise of treach-'y.' - _:'.hioCh could not be punished, and one He [Mr. B] was aware that this would w Vaoh fa~ frequently rewarded. Did he be received as a novel proposition; it had, say it coild not be punished? The only nevertheless, not been offered without con- way in which the treachery of one patt 8ideration. of the district upon the other nan be punThe object of his amendment was, if ished is by excelling it in treachery: and possible, to meet the wishes of both those the system of electing tto or more memwho desire single districts and those who bers from one district, without assigning to wish to maintain the conservative chaece- each portion of the district its member, is ter. of the Senate. The last was by many nothing less than placing before the elecdeemed an important principle in the con- tors of a district an inducement to exceed struction of an elective government, and each other in treachery; and it is the moral one that ought not to b^ surrendered. Mr. duty of this Colnvention to remove, so far' B. did not know how this could be accom= as practicable, all inducements for a prace plished and elect by single districts, be- tice so pernicious ii its effects upon the cause all will be elected at the same time; tone of moral sentimenti and so destrucand youwill have a new House and a new tive to that confidence between the differSenate atthe same time, unless you elect ent p'otions of a district so essential to Senators for four years; and to secure ex- its harmony and well-being. perience to that body, elect one-half of them He was aware that this would be consi. every two years, in lvhich case the electors dered a new proposition, and should not be of but one-half of the Senatorial districts disappointed if it should be rejected by wluld vote at any Senatorial election. This thle Convention; but our system of go~v 11.5 erument was recently but an experiment, committee, shall I say to retrograde, or and the business of this Convention was shall I use a milder term? In the exerto introduce reforms; and whether this. cise of an enlightened and progressive Convention adopt thi reformxor l-not, he had public opinion, the people have taken to no doubt it would be ultimately adopted themselves the power to elect their judges, into the elective system, or the election That is in accordance with a movement to.of two or more members from one district bring power nearer to the people that tle-y;abandoned altogether. may c.ontrol it. But w.hat is the characMr. HANSCOM moved to strike out all ter of the report of the committee? Is it after the word "members," in the amend- in accordance with that movement in the ment; which did not prevail, public mind, that delegated power shall Mr. CHAPEL moved to amend the sec- be under the control of the people, and be'ion by inserting between " Senators " and returned to their hands at short and stated,'two," the words "at least;" which did periods-c-.r is it to do-ible the power in not prevail. - the hands of one department of the govThe question recurring on Mr. FRA- emnment, placing it beyond the reach and ICK's amendment, it was negatived. control of the people for a long period of Mr. BUSH momed to amend by striking time? And for whlat purpose-ander what out in the third line the word ( two," and pretence is this new feature to be stamped inserting'ione," and to strike out "four," on the fundamental law of the land?'T in the foarith line, and insert " two." save a few dollars and cents. Mr. MOOP.E moved to amend by stri- It is true that in the State of Michigan king out "two," in the third line,' and in- excessive legislation has been complained:serting " three." - S, ald the expense has been great. Men Mr. M. said he co.nsidered himself in- were sent to the legislatOure who were anxastructed on the subject, and submitted the ious to promote the public good, but some amendment to the consicderation of -the laws not wise have been enacted. One of committee in good faith. In the west te' the principal objects for which this Con" people were in favor of triennital sessions; vention is assembled is to correct those they believed the State had been afflicted evils —to lessen the expenses of legislation, with so much legislation, that it might not and, if possible, to give more stability tq be amiss to go kito triennial sessions as a,ou lawts; but in attempting to accomplish neans of remedying the evil. those objects, let us not sacrifice tle rights Mr. BUSH had hoped that some othGerr of the people and open Wide tlie dpors for gentleman, some delegate representing fraud and pec'ulation i another departsome oter portion of the State, would ment. Look, sir, at tile executive departhave offered the amL ndent he proposed, ment of the lJnited States. Have not alt but finding that would;.-t be done, he felt the abuses grown pvt of the executive debt his duty, though fully aware of the partneent.of the governmnent? Have not strong expression in favor of biennial ses- great tx'sts been vio-lated ad ad te rights of sions, to rise im tiis place and give this tUie people jeopardized by the e ecutive? views agai t, the measure. During the Look at the history of our own State, and couws e f his political fe, he had adv oca- the aychiives of our own government- exed every principle, if he rightly::nder- amine them carefully and you will fini s.tood it, that brought power,neah'er the that all the abuses that have been pracpeople. He was one of the first members tised o. the State have grown out of the ~of the Michigan legislat're that proposed executi~ve departinent, while you cannot the election of judges by the people. He put yor finger upon the first abuse per~ had always, as a member of the legislature, petrated by the legislature. What are we advocated, as he hoped he al7ways should, about to do by changing fromi annual tq the rights of tihe people, and the ihmredi- bienial sessions of the legislature? We ate responsibility of a1 constitited author- are about to limit the action and lessen ities to the people. the efficiency of a department the least But, ir, [said Mr. B.] what ar, we likely to abuse, and close from tle public about to do? A report has been made eye, seal upfrom all means of investigaUnanimously by a large and respectable ti'pn for two years. the transactions f f 116 department most likely to abuse their pow- taken it into their own hands, and justice er, where frauds may be the most easily will be done. It is the cause and effect. practised and which most requires the So will it ever be when the people can look vigilance of the public eye upon it. This, into the offices of the State, and can do so sir, we are about to do. Let corrupt offi- annually. cials get into that department, under a The State of Michigan has had long and corrupt or inefficient executive, who may expensive sessions of the Legislature, but perpetuate his power for two years more. the State has grown up rapidly. When Is there any power to check or even detect the Convention met fifteen years ago, Michabuses i that department? Frauds may be igan was but little known. There are committedin the treasury —it maybe Gal- more than twenty delegates on this floor phinixed, and allknowledge of the facts be from territory then totally unknown; and kept from the public. There is no tangi- yet, we are only on the frontiers of civilible way by which you can call the heads zation. Our destiny is not yet developed. of departments to account, by which you Our government, in its first organization, can ferret out abuses and put the seal of had to attend to the. wants of a new councondemnation on the perpetrators of fraud. try, and every request, whether in regard It is conceded by every one, that when to general or local interests, was presented power returns more frequently into the to the Legislature-every local or townhands of the people, it is least liable to ship matter must go to the Legislature, and abuse. When gentlemen are thus about to go through the paraphernalia of legislaexclude the people from all control over tion. But sir, the experience of the counone of the most important departments of try shows that power may be safely exergovernment for two years, I ask them to cised by the people; and we propose to dause before they thus retrograde and take leave a larger share of power in their that power from the people given to them hands. We propose to give to the boards by the constitution. But, sir, is there no of supervisors all local legislation-it is in other way of effecting retrenchment, with- accordalce with the spirit of the age-the out affecting the rights of the people, and country demands it-it brings the business cutting them off from looking into the af- of the people nearer to the people, they fairs of the government frequently? I be- can check any thing wrong and nip it in lieve there is, and will explain my views, the bud. by which I think it may be effected. Carry out that principle, and you take To-day I heard fall from the lips of a from the Legislature four-fifths of the dudelegate that we have had the most ras- ties heretofore devolving upon it. cally system of government-that we have Have former legislatures violated their had the most rascally legislation-enough trust? Have they come here and idly to damn any State in the Union. But what spent their time? I appeal to the records are the facts? The State went into exis- of the State, and can say they have not tence on a paper bubble, the wandering wasted their time; but that during the sesmeteor of the times; in the first stages of sions they were engaged fully in going on our political existence we came under the with the system of local legislation absoinfluences of the greatest, speculative ma- lutely demanded by the people. It is now nia that ever affected a people; we have proposed to cut off local legislation, leavgone through the ordeal of an expanded ing it more immediately in the hands of currency that perished on our hands, and the people. Take out of the hands of the have suffered from the collapse; yet, sir, legislature those township and county matwith all these drawbacks, Michigan stands ters which can be better done by the up in bold relief-she is not ashamed to boards of supervisors, and the session may compare notes with any of her sister be limited to a short period. I [said Mr. States. B.] will go for limiting the session to thirty Was it to be. expected that we should es- days, and the per diem allowance to two cape, inexperienced as we were, from those dollars; but I will never record my name disorganizing influences? We have suf- on the records of my country in favor of a fered from immature, hasty, and ever measure, the operation of which will be to changing legislation; but the people have close the public eye on the executive de, 117 partment of the State. Makle the sessions is proper to delegate power for so long a of the legislature as short as necessary- period as it is proposed to be delegated; if and long sessions will not be necessary, they will explain it satisfactorily, and if provided local legislation be taken from the they can satisfy me it is just as safe, I am legislature-but I want the legislature to prepared to go for it. But for the purpose assemble annually, to examine and delibe- of saving a few dollars and cents, I will rate on the affairs of the other departments not violate a principle. of the State, so that fraud and corruption The question was taken on Mr. MooiRx's may be stayed and the public interest pro- amendment and lost. moted. The question recurring on the amendNow, sir, before this step is taken, I ask ment of Mr. BUSH, it was taken and lost. gentlemen to provide some remedy. I ask Mr. 8, CLARK moved to strike out the them, before they remove this safeguard word "two," in the fourth line, and insert and protection to the public treasury, to "one." make the Executive and State Officers Mr. C. was in favor of single senatorial amenable to some body of men, some com- districts. Without going into an argumeint mittce, that can analyze the reports of the at this time to sustain the views of his public officers, and examine the affiairs constituents, which he believed to be unanthemselves. imous, he offered the amendmaent. Power that is delegated for a long pe- The amendment prevailed. riod is universally abused. Mr. BAGG moved to strike out in third Look back, sir, to the history of the or- line "and by single districts." ganization of the government of the United Mr. B. said he had not intended to trouStates, and the opinions entertained by ble the committee with any remarks of his; many of the patriots of that day, relative but when he saw the innovation about ta to what they termed a strong government. be made, which he believed was not called They considered it dangerous to the stabil- for, and which he believed to be contrary ity of the government to leave power in the to the spirit and genius of our institutioni, hands of the people. They thought it ne- and calculated to injure the masses, he cessary that a President should be elected could not let it pass without at least havinr for life, and Senators for life. They estab- the gentlemen bringing forward this propolished the practice of appointing judges for sition, give the reasons inducing them to life. But who entertains those opinions make this innovation. now? They have vanished before the light Sir, [said Mr. B.] this whole nation is of the present day; they have melted be- composed of parts-states, counties, townfore the sun of truth. ships, &o. Sir, the whole contains the Little did I expect, Mr. Chairman, to parts, and the parts go to form the whole. see those ideas again presented in the State This Union is one grand circumference of Michigan in the year 1850. with a centre in the affections of the peoI hope the chairman who reported this ple. The states of which it is composed,'provision will explain to us how we can the counties anld towns, are made up of get a peep into the departments, and call other little centres. He had always supthe officers of the State to account, more posed the great bond of union which held than once in two years. I am open to con- the nation together, not only as the whole, viction; but when I know that a certain but relatively to the States, counties and impetus has deranged public opinion- towns, was the great law of associationwhen I see my friends contemplate the per- Sir, these little district systems, breaking petration of something wrong-if I believe us up, creating minute distinctions, is cal myself right, I shall be ready to confront culated to hurt the masses, to give the even the artillery of heaven in opposition to cent. per cent. men-the almighty dollar, measures fraught with bad or dangerous if you please-which has ever been consequences. against the intellect, to give them undue Mr. Chairman, if the chairman of the: power. committee, or any other gentleman, will The gentleman from Monroe, [Mr. Mcexplain to me how we can get at the in- CLELLA-D,] and my friend from Wayne, formation necessary to be haw, and that it [Mr. FRALICK,] are agreed with regard to 30 118 the district system for Representatives. I have said the masses should govern. My friend from Wayne is for dividing it Here instead of having a general ticket for " down-down-derry down." He is at a county, does it not comport with the exleast consistent. But while the gentleman perience of members that you will have from Monroe is for single districts with re- eighteen or twenty towns separated by difgard to the House, he is for double with ferent interests; some ten or fifteen of those regard to the Senate. I had supposed that towns affiliated together will destroy the this was an age of progressive democracy, union. How has it been when we have with our steamboats and electric telegraphs had three or four candidates up for the Pre-that ^we should not at least contract down sidency? How when we had three candiour senatorial districts to an unit —that dates for Governor? A nobody may come with all this intelligence we should have in and counteract the wishes of the people. enlarged our senatorial districts, that each Nothing can be calculated so disadvan. man might be acquainted with the whole tageons to the masses as the district sysUnion. tern. The Congress of the United States has I had not intended to say anything oa been sitting a long time in Washington to this subject to day, but I could not let it compromise a question that has broken up pass without throwing out some views with fhe laws of association, and almost broken regard to it. I consider it an innovation, the body politic into its original elements. I have not heard of a single petition being Sir, thel gentleman from Ingham has just presented in favor of this single district told us that you are going to carry d.ow.n system. Perhaps I agy be told that my to the people all local legislation, and gire constituents want it; if so I should expect Ut to the supervisors. Such I believe is the at least one petition in favor of the innovaspirit. Then is there any necessity for ere- tion. I shall perhaps be told that this in, ating another little circle along side the su- novation is necessary, froam packed convenr pervisors? Look at it —what is the mem- tions. So far as Wayne was concerned, it ber of Assembly? In how many relations w as' the district system tkat was complaindoes he stand to the nation, the state and.ed of. the county? Frequently le stands in par- Mr. BAGG concluded by expressing his,icular relation to the Union, at other times strong disapprobation of the district sys, to the state, and at other times to the coun- tern. He would soone oe vote on a general ty. Does not he in the legislature assist ticket, as being- more in harmony with the to make laws for the state and not for the sacred bond which unites the people as one county? Where did you ever hear a manl natioa. sw.vear to support a co'inty, a town, a ward, Mr. COIMSTOCKC beleved the prevaila city or village? The wisdom that has ing opinion in the county he represented gone before us made him take the oath to was in favor of single districts. The arsupport the constitution of the United gument of the gentleman from Wayne had States and the constitution of this State. not convinced him. He was in favor of Sir, I am in favor of a large extension of, single districts both for Representatives our large circumferences corresponding and Senators, because it would bring powwith our large progressiveness. I am not er nearer the people. tor contracting down in this manner. Mr. FRALICXI said the citizens of the Again, sir, it is a sacred principle in our State at large had so clearly expressed government, that majorities shall govern, their opiaions on this subject, that it was unawed by dollars or any inffuences. Hap- a question requiring but little discussion pily, the democracy of the State has been on that ground. If the opinions of his mriumphant. It is the banner State, and colleague had been published before the,every man has been proud of it. But di- election, his constituents might have been vide up its people and where will be the enlightened. Prerhaps if the gentleman predominancy of the masses. These local had expressed his viewrs before the election, divisions will necessarily create laws to he might not have had an opportunity of correspond with ther., vLaws should be enlightening the Convention. The gentlesimple and uniform, but they will create man was mistaken when he said no peti-:.mpe.ions distinctions advere to the masses tions on the subiect had been- presented. 1 19 lHe [Mr. F.] had presented one in favor of franchise the more populous counties. In single districts signed by four hundred the Lake Superior region there are four and fifty persons. counties organized; only one or two of Mr. BAGG said he had never made a those counties were populated, and those sneret of his opinions on the subject, but with only one or ttio hundred inhabitants his associations were about the city of De- So in the upper peninsula. troit, the gentleman's [Mr. FRALIcK's] about The report of the committee was mot;e the town of Plymouth. The two atmos- just. The enumeration will behad every pheres were different, five years, and a new apportionment made. The question was taken on the motion It would not be likely that in that time any to strike out' by single districts," and lost. large portion of the people would remain Mr. SUTHERLAND mloved to amend unrepresented. section 3, by adding at the end, "each or- Mr. McCLELLAND would suggest to ganized county shall be entitled to at least the gentleman, to add to his amendment, one representative." "provided the population exceeds half the Mr. McCLELLAND said the subject ratio established by law." had been under the consideration of the Mr. SUTHERLAND-The proposition omnmlittee 3 and it might appear strange is not to do injustice to the old counties, that they had not adopted that clause in but justice to the new. He believed ther(e the old constitution. The reason was, they wans so much justice in it as to commend itthought it would be improper and unjust self to the Convention. The question was to the rest of the State to have a represen- one affecting his constituents more than tation neither based on population or taxa- any other tihat could conme before the CGmtion. That it would be improper if the vention. They are increasing in populabasis was fixed on 5,000, to give a repre- tion every year, and when organized they sentative to 500 or 1,000, merely because require to be heard in the halls of legislathe country was organized. tion; and their population increases so fast Mr. LOVELL was in favor of the that they will soon come up to the ratio of amendment proposed by the gentleman the apportionment. There are some coutnfrom Saginaw. He could not be satisfied ties having a population a little under the with less than the liberality of the old ratio, that may be cut off. There are some constitution. New counties will not go in- having a smaller population, which are fillto organization until they have acquired a ing up with emigrants, and which ought to considerable amount of population; but be represented. Are they not entitled to they may before they have attained the be heard as well as other counties? Allow requisite number fixed as the basis, and other counties to have a greater number before five years shall expire. Those new of representatives, but do not silence their counties are increasing in population most voice. Do not entirely exclude them; let rapidly; under all the circumstances it them have one representative. If the rawotild be proper to treat the new counties tio be fixed so as not to give the old counwith liberality. ties a sufficient number, increase that num.Mr. IHANSCOM hoped the amendment ber. Allow the new counties one vote — would not be adopted. A moment's re- one member-and the others a multitude. flection would convince any member that Mr. CHAPEL offered the following as the most gross injustice would be done to a substitute: "Every organized county the population of Michigan by the adop- containing 2,000 white inhabitants, shall tion of the amendment. It is not geogra- be entitled to one representative." phical territory we seek to have represent- Mr. J. CLARK-This is an appeal fiom ed, but individuals —numbers. the new counties commending itself to the From what information he could get, good sense of this Convention, especially With regard to the population of the coun- as it regards the' lower counties. It must ties recently organized, a ratio may be be admitted that the old counties are fully fixed, by which one-fourth of the popula- and ably represented. That their intertion would have at least one-half of the ests must from necessity be well taken care representation. Such a proposition as this of and provided for. They are surroundmust be unjust; it would practically dis- ed by all the means of obtaining informa tibn;whiile the inhabitants of the new coun- terprise whlich is likely to be productive of ties are shut up by bad roads and the want great wealth to the country. of facilities, and almost excluded from ev- Mr. C. concluded by expressino lhi ery means of information. If they are hope that representation might be extendnot allowed some individual to represent ed to those counties; that their voice might them, how are they to have their wants be heard. It would be beneficial to those made known. It may be said they may be cotthties and could do no injury to the other joined to other counties; but where that more populots portions of the State. has been the case it has resulted in no ad- Before the question was taken, the cornvantage. The counties which have the mittee rose, reported progress and obtained largest population will retain the power, leave to sit again. and will have their own representative. On motion of Mr. COOK, the ConvenHe believed lonia, and some other coun- lion adjourned. ties, though attached to others for representaitive purposes, had never had at voice in the legislature. If those facilities which other counties have obtained TUESDAt, (14th. day,) Jule 18. were granted to our new counties, theyr by e Rev. Mr. ATTER Y. Prayer by the Rev. Mr. ATTERBUaY. would sooner be filled up. The reason why they have not settled so soon, has PETITIONS. been for want of legislation. They had By Mr. HANSCOM: of Randelph Man, no voice, no one to represent or advocate ning and 90 others, citizens of Oakland their interests. county, on the subject of the judiciary. The publ-ic money has been disposed of Referred to the committee of the whole. to the old counties while the new counties By Mr. COMSTOCK: of Israel Pens have been entirely disregarded. They re- nington, John H. Osborn and 233 others, ceiVed no part of the appropriations made of Lenawee county, praying that the elec7 for roads or other public improvements. tive franchise may be extended to colored If they had been represented in the legis- persons of this State; and that the word lature, they might have received some at- "white," be rejected wherever it occurs tention. Representatives from those coun- to the prejudice of colored citisens. ties would be able to give information Referred to committee on the elective relative to their resources, and direct emi- franchise. gration to them.. By Mr. KINGSLEY: of 200 citizens o IHe [Mr. C.J had been over our noith- Washtenaw county, praying that the elecern and western counties, and he knew the tive franchise may be extended to colored land to be naturally as fertile and as capa- persons in this State. ble of cultivation as our more southern Referred to committee o6 the elective counties; there is not, perhaps, a better franchise. portion of country for emigrants to settle in. By the PRESIDENT: of Wn. P. Pat. It is especially adapted to those coming rick and 9 others, that provisions may bi from the north of Europe and our northern made in the revised constitution for the loStates. cation of the office of Adjutant and QuarIn the first Convention, this appeal was ter Master General and -of the State Armomade to the sense and liberality of the ry at the seat of government. Convention. They very readily extended Referred to the committee on the militia, to new counties the privilege of being rep- RESOLUTIONS. resented in our legislature. The county On motion of Mr. LEACH, of Chippewa did not at that time contain Resolved, That the State Printer be inthree hundred persons. Perhaps to the structed to forward by mail one copy of introduction of a member from that coun- the debates in the Convention to each newsty and to one from Mackinaw into our leg- paper in this State. islature, we owe the discovery of those On motion of Mr. COOK, minerals which add so much to the wealth Resolved, That there be allowed to the of the State. They brought to the legis- Secretaries of this Convention three dollars lature that knowledge which led to the en- per day each, to the Sergeant-at-Arm-ns and. Door Keeper three dollars per day each, hundred and sevente:a —— t.i- l gave a pop to the Messengers one dollar per day each. ulation of twenty-one hundrel d a n -ti. On motion of Mr. McCLELLA.'D, the tyo'in Ottawa the number of votes was Convention then resolved itself into cona- three hundred and thirty-eight-this gave mittee of the whole and resumed the con- a population of thirty-three h undred ane, sideration of the article on the Legislative eiohty. In Saginaw, t hree hundied and Department, Mr. WE LS in the Clair. fifty-one?-this giae thirty.fiie h. ndAed Section 3 being under consideration, and and ten inhuabitnts. In Houghion, at the the question being on Mr. CHAPEL's sub- recent election, the number of votes 1was tlitute for Mr. SUTHERLAND's amendment, one hundred and twenty-four, and that in, Mr. MoCLELLAND said he would now eluded the counties of Marquette, Ontonanswer the inquiry of the gentleman from agon and Schoolcraft-rwhich gave a popKalamazoo, [Mr. S. CLARK,] in regard to ulation of twelve hundred and iorty. the organization and population of the new From Gratiot, Tnscola, BNewaygo, Midcounties, made on yesterday. land and Sanilac, lhe had no information In respect to the new counties, he took on which to base a calculation. it for granted that those now organized IMr. SUTHERLATND said he did not dewould come in and be entitled to all the sire to trouble the committee with many privileges and immunities of the older remarks, but the importance of the subcounties. ject to his constituents induced him to offer The language in regard to the county of an expression of his views, founded in part Sanilac was,; that the county of Sanilac, upon facts, which all might read and asincluding the territory annexed thereto in certain to be correct. the preceding section of this act, shall be- It seems fair [said Mr. $.] that the niorfth come duly organized, and the inhabitants ern counties should have a representation thereof entitled to all the rights, privileges commensurate with the amount of taxes and immunities, to which by law the in- they pay, as compared with those paid by habitants of other counties of this state counties where greater population entitles are entitled, from and after the thirty-first them to a plurality of representati es. The day of December, one thousand eight hun- population of these new co'unties should dred and forty-nine." From that date it not be taken into account as the sols was an organized county. ground of representation in adopting a perMarquette, Houghton, Ontonagon and manent rule, as in the constiLution of the Schoolcraft were organized by the same act, State. If there is a liberal feeling pef-rv-a the title of which was, "S an act to organize ding this body, and a disposition to extend fourcountiesin the Upper Peninsula, and to northern enterprize and improvement define the boundaries of the same." Ap- every encouragement not incon mpible proved April 3, 18480 with the rights of other portions of ihe In regard to the population, Mr. McC. State, am persuaded there — il be easotn said he had no means of arriving at a near for maling an exception in their favor. approximation, as some of them had held Allow me to reardto this commitee a stateno election, and there were no returns in menit of the total valuation of re al and the office of the Secretary of State, except personal property, returned in 1849, to tthe where they were attached to other coun- office of the Auditor Genera, fromn seveties.: In the county of Chippewa, in 1849, ral of the older counties, -hich I have sethbe number of votes given for governor and lected in every quarterl of settid Michi-.other officers, was ninety-eight. Allowing gan, for the pulrpose of exi'ibiti, as f'ir as ten inhabitants to each voter-iand this he possible an averlge of the amouant of proconsidered rather a r an over estimate-it perty to each delegate. Nwould give to Chippewa a population of (ouniis 1 Val(ation. De!.'t. to Det. nine hundred and eighty. Calhou 1 45,618 5 87,123 60 In Clinton, the number of votes polled Kalarnazoo,. 812,85():3 270,950? 0 was five hundred and forty-eight. By the Oakland, 2,27fi,265? 9 252,919 0G same estimate, this gave a population of Eonesee, 39744 577 38 123 Eatan, 399,19' 29 195,59'23 five thousand four hundred and eighty. Livingston, 690,745 4 172,686 09 In Mackinaw the number of votes was two Saginaw, 3449919 1 2.4919 09 31 1.22 These returns are made to the State of- Elec. vote Sen. vote fce:by officers in the respective counties, in 1848. in 184. a;l they constitute the basis on which the aiaw, 319 1793 State tax is apportioned. It will therefore ST'!iir.5- 1481 533 be discovered that Saginaw county will The election in 1848 was more imporpay considerably more than her proportion tant, and called forth a larger vote than of the expense of this Convention, accord- in the following -ear, where the population ing to her representation. Comnparing the was the same. Allowing that there was statement of taxable property returned the same interest in the election in one from Saginaw county with that returned county as in anoe1theL there must be some from Livingston county, we see an unjust reason in the supposition that in Saginaw disparity between the representation ap- and St. Clair there has been a rapid inportioned to the two. Sa'inaw pays half crease of population. There has, without as much of the taxes, with only one-quar- doubt, been an increase in all of the counter of the representation given to Living- ties, but not sufficient to prevent the elecston. Is this fair? Is it just and equal, tion returns presenting a decrease in the aside from any considerations of liberality number of voters. Why should the rule towards this younger county? It cannot be reversed in the northern counties only, be said that Saginaw has been selected for especially as In these new counties there the purpose of exhibiting a stronger con- are more obstacles in the way of attend;trast. Ottawa might be cited with greater ance at the polls. The full extent of the advantage, because this county has the increase in Saginaw is not to be seen from same representation, and the amount of election returns, the greater part of the improperty returned exceeds that from Sagi- migrants being foreigners. There has been naw by many thousands of dollars. an accession to the number of inhabitants Will it be said that representation should in that' county, within the last t o - yea not be apportioned according to property? of nearly one thousand Germans. Then; The claim upon this basis is not new; it is taking it for granted that there was in one of the political axioms of the Ameri- 1849 eight inhabitants to every voter, as is can people, that representation and taxa- doubtless the fact, in Sagin w -county tion go together. It has been fought for, there would then be only 2,952..But; established and sanctified by the patriots small as this number appears, there- must through whose sacrifices of blood and trea- have been a prodigious increase from sure we now enjoy the precious birthright 1845 when the census was taken, as.at of civil-liberty. There is another consi- that tim ere t were only 1,218 inhabitderation entitled to great weight in deci- ants. ding the question now before the Commit- The-s foreigners are a deserving class tee. The northern counties are rapidly in- of m-en-they have an honest purpose in creasing in population-not barely keeping locating in the retired portions of the counpace with the other counties further south, ty. They are quiet, industrious and permn more favored portions of the Peninsula severing adventurers. They go into te -but their population is increasing with forest where Yankee enterprise has never unparalleled rapidity. The only means of made its way-they go where no roads exhibiting the proof of this fact is. by re- have been opened, settle down, and- soon, ferrin -to the vote given in the several as if by magic, the forest is removed and counties during the last two years. The small farms, under excellent cultivation, following is a table prepared from returns teem with abundant crops. They bring, in the office of the Secretary of State, as a general thing, a fair supply of money, showing the electoral vote given in 1848, of hard currency, which they have used and the vote for Senators in 1849: there, and to good advantage, until it has Elec. vote Sen. vote passed into a proverb that "there is mon. mn 1848. in 1849. ey t Saginaw." Theee men are willing Macomb county, 2398 1929 to pay taxes, and it is fair that they should Kalamazoo, 2386 1788 be *(aklazo, g386 1.b88 b represented. Oakland, 5417 4517 -e presentec5 Berrien, 22938 583 3Some are opposed to the amendment: unLenawee, 4853 3790 der consideration, because i is alleged that 123 in paying mileage from the Upper Penin- ly; comparatively cut off, and not surroundsula,, great injustice is done to the older ed by contiguous territory having every and -more populous parts of the Stat.: interest well represented in the Legislature, The soundness of this argument does inot Every one L[said Mr. B. I must see the imavery.clearly appear, when we consider the portanee of giving a fair an d just represendisparity that now exists in the ratio of tation to the Upper Peninsula; the great taxation and representation. Mr. S. said mineral wealth and other extended interhe appeared not as the advocate of the ests of which were just beginning to atUpper Peninsula particularly. That sec- tract the attention due them. It would be tion is now ably represented on this floor, extremely harsh and unjust to say the although the delegates are not'to-day in counties north of Chippewa sllould not be their places. It may be thou ht best to represented because their population was combine in one district the four counties a little below the ratio established for the near Lake Superior for representative pur- older counties. poses. There are only five newly organized There was another consideration which counties in the Lower Peninsula, and none ought to be taken in view. If biennial of. them, so far as he had been informed, sessions of the Leoislature were decided have as yet perfected a county organiza- on, somre of the new counties now having tion- by the election of county officers. a population below the ratio fixed, would The increase of population is so. great that exceed it in a year or two, and yet could there wvould not be more thin one insntatne not be repre-ented until the next appor at a time, of a county sending a represen- tionmnent- -155.. tative without that number of inhabitants, A lanrge quantity of the produce of the that under the next apportionment would surrounding coun try found an avenue to entitle them to at least one member of the market through Saginaw, and the interests legislature. The expense, too, of orosani- of those producers depended much on the zing a county and sustaining it, and erect- disposition an welfare of th t county. Mr ing "county buildings, will be a sure guaran- B. hoped such at rate would not be estab tee against any abuse of the constituition-al lished as to deprive Saginaw county of a right, for it can hardly be conceived tlhat Representative. oHe belieeed the system a:small number of tax-payers would be so of,epresentation now existing to be fair, forgetful of their real interests as to inc'ur and such as would be satisfactory to the so much expense for the sole purpose of new counties for the next live years. Adsending one representative. mifting the number of inhabitants to be If, as has been proposed, the new coun- s nll, there were other considerations ties are allowed a representation only which, he considered, should entitle them when they have half of the number of in- to a Representative. Thery were increashabitants required under the apportion- ing rapidly in wealth and population, by ment, where is the liberality? Every which-all portions of:the State were greatcounty in the State gets an additional rep- ly benefitt ed, a d a clear gain added to the mTentative in all such cases. Is there in general wealth of Miehigano such a provision anything that deserves to If it were actually necessary to curtail be called liberal? It is hoped that some. the number of Representatives, it would thing that is liberal, in the true sense of be better to cut down the old counties than the word, will be agreed to. to deprive the new of representation. He Mr. Jo BBR TOW said, while a differ- held it to be more important that Saginaw ence of opinion might exist among rmern- should have one Representative than Wayne bers in regard to the rule of representa.- ten; and he believed the old counties, if tion to be established for the new counties, required, would be willing to give up one he.could not believe that any wish, or de- Representative rather than have Saginaw, sire, to deprive them of an equal and fair and other new counties, unrepresented. Yet number of Representatives, was felt by any this was not required-it was only necesmember of the Convention. sary to continue the present.system. A different rule from that applied to the The amount of taxes paid by some of old counties should be made with respect the new counties required they should be to the new. They were situated different- represented; "and he hioped while this Coa 124 vention had the power, it would not be dis- Gen. ROBERTs, who was not ih his seat toposed to deprive them of rights and privi- day, being absent on leave, had. a particui wges itow enjoyed. -lar interest in the question-bands of Inflr. HAANS0C0M said., as the. Conven- dians forming a numerous class of his conwas not full, and the subject of importance stituency-he would suggest to the mover to -several memubers absent who would the propriety.of waiving the consideration probably give munch information in regard of the question to-day. to it, he would suggest the propriety of Mr. VAN VALKENBURGH said, as passing by the, section. several members were absent who were Mr. WHITE hoped the suggestion would particularly interested, he moved to pass be carried out. HEe move to pass over the section over. section a. Carried. Mr. LEA.CH thought they were particSection 4 being.under consideration, ularly unfortunate. It seemed that memM}ir. WOODMAN moved. to amend by bers specially interested were always abstriking out all in the first line to the wor1d sent when any question came up. He saw a in," iand insezirt' " The boa rds of su- no reason Why the section should be pervisors.. assed over. Mitr. GOODW0 iT said the amnendm ent, Mr. REDFIELD hoped it would not be if adopted, moight lead to somee difficulty passed over. If passed with the expectain the county of Wayne, as there was no tation of having a full house, it would not board of supervisors, in that county; there be acted upon for some time, as several was a board of auditors. members would be absent at all times. It.'Mi.. DES0SNOYERS be(,ded leave to cor- would protract business to go oi in this rect his colleag'ue, [Mrr. GooDwriN.] There manner. Members should be in their was a board of supervisors in Wayne, - seats. The amenddment was adopted. Mr. VAN VALKENBURGH said we iMr. CO MSTOCK moved to amend by were bound to believe that some necessity striking out the word T "white,' in line 8., detained gentlemen from their seats, and in Mr. SULLIVAN said he saw no rea- such cases should do as we would'wish to son why the word wias inserted, unless the be done by. Had he any particular intercommittee went on the ground that repre- est in any question that should come up sentftion should be. based on the number during a temporary absence, he'Would of electors. This he did not consider the deem it an act of courtesy to have it passed true basis of representation. If the black over until his return. population were not to be included, on Mr. BRITAIN-We are not bound to vhat principle were minors, aliens and believe anything that does not appear reawomen to be taken in the enumeration? sonable and probable on its face. Leave The blacks were citizens and had certain of absence was granted the gentlemen, and rights, and if they became paupers, the the time for which it ivas granted has excounty had to support them. He believed pired. they should be included in enumerating Mr. CORNELL had c oly one word to the population for a representatve basis. say. The amendment involved a general Mr. COMSTOCK said he could not principle-whether apportionment shall be perceive any reason why the colored pop- based on white population alone, or not. ulation should be excluded in apportioning There was nothing sectional in it, and it the representative districts; on the contrl — i could be as well settled now as at any ry, he believed it no more than ri3'ht that time hereafter.'they should be taken into consider;tion. A motion was made that the committee There were none so ultra, e;ven at the south, rise and ask leave to sit again. as to wish or desire to exclude them in ta- Mr. McCLELLAND said such a course king the enumeration for a basis of repre- of proceeding could but prolong the sessentation; antd was Michii an prepared to sion two'or three weeks. The section take that step and exclude them? He could be passed on in commrittee and when thought the proposition an extraordinary taken up in Convention gentlemen now abone. sent would have an opportunity'of exMr. HANSCOM remarked, as his friend, pressinl their views;and proposing any 125 amendments they thought proper. He lar section they saw proper. After passing tas disposed to give them every opportu- they could go back and take it up again. nity todo so. But the plan of takinsg xup Mr. E. read the 29th rule of the Conan article and passing over a section, and vention to sustain his position. then taking up another section and passing Mr. McCLELLAND-The difficulty is it over, must lead to difficulties in:their thiu: the question is, is not the whole proceedings. article postponed by passing over any see Mr. BRITAIN thought the gentleman tion? from Monroe [Mr. MCLELLANDJ had cor- Mr. HANSCOM —Notwithstandingsuch rectly'stated-that by thus passing oer may be the practice in other deliber.tive sections the session would be prolonged bodies, it has been the settled practice in and difficulties ensue. the Legislature of this State, in committee tt wastrue that leave ofabsence had been of the whole, to pass by any section of a.g'anted to the gentlemen ahsent, as an act bill under consideration when any necessiof courtesy, but he had not heard that ty calls for such action. There is reason eave was given on the ground of impor- in the rule, as we have just seen, when tanit business, and the time had already applied to section 3, which was passed by. expxired. The gentlemen from Cass, who Many members did not, at the moment, tere interested as much or more than any have sufficient information to enable them other members, had not asked the com- to vote understandingly, and to give an mittee to postpone its action. As to the opportunity of preparing themselves to statementt that the gentlemen from Macki- vote with as much light as possible, the na;w and Chippewa were detained from section was passed by. All must see, sir, their seats from necessity, and we were the obvious propriety in thus proceeding, bouhd so to believe, he would say again By passing over any particular section the we'were not bound to believe any thing whole article is not postponed; only the that was unreasonable and ihitprobable. section for the time, and the committee can The motion that the committee rise was go back and take it up again. Withdrawn. I hope, sir, the section under considera-' Mr. VAN VALKENBURGH —I feel tion may be passed over, as I am not prebountd, Mr. President, to say a word in self- pred to vote on it at present, and do not wish to give avote that I may hereafter defence. In the absence of all testimony h to give a votethat lny heeate to the contrary, sir, we are bound to be regret. This, and the section just passe lieve that the gentlemen from Mackinaw over, are so connected that we cannot act on the one'under consideration'without and Chippewa are necessarily absent; and o te one der consderaton the fact thatthe time has expired for which having matured that preceding it. For the. were excused, is additional evience this reason it should be passed over. they are providentially detained. Mr. EAT-ON'The gentleman from ty prvidntil dti. Monroe [Mr. MCCLELLA'ND] and'the genMr. WILLIAMS, (in his seat,)-TRather tlernan from Calhoun, [Mr. CRARY,I I ac-. providentially.'knowledoe, have had much legislative exThe question recurring on Mr. VAN prience, and they contend the whole artiVALKENBURGH's motion to pass over sec- cle must be considered —that ifa section is tion 4,' passed over the whole article is postponed. Mr. CRARY said the section could not Now, sir, the gentleman from Oaklund be passed over unless by'unanimous con- [Mr. HANSCOMJ desires to have this'portion sent. The proper mode of proceeding passed over until the delegates from Mackwas to take up'section after'section, and inaw and Chippewa are in their seats, and pass them; that was the'rule. The com- can give us their views on this subject. I fmittee could not-pass over a section unless do not see any objection to passing it-by, by unaimous -consent, aid le objected. or that such a Course would conflict with It was the business of members who had the rules of the Convention. I hope the any particular interest at stake to be in I section mayybe passed over. their seats. Mr. CRARY-Let:us see what the Mr.;EATON thought the:committee English language is. I read from Jefferhad:a right to pas by:or over any:partictia- son's'iMaual:-;." The -natural order 1i 32 considering and amending any paper is to made by the authority of the United begin at the beginning and proceed throughl Sttates, the legislature shall apportion anew it by paragraphs; and this order is so tl:e Representatives and Senators among strictly adhered to in Paliament that when the several counties and districts; accorda latter part has been amended, you cannot ing to the number of white inhtbitants." recur back and make any alteration in a It has always been the rule in this State former part." We ate now, sir, in corn- to make an apportionment on the basis of mittee of the whole on a particular order, white inhabitants; and far. from being an the article Legislative Department, and we extraordinary rule, is a very ordinary one6 can take up nothing but this order. The The question was n,)t raised in committee. order is the whole bill, and the committee The provision in the Constitution of Illimust proceed to consider it by para- nois, after reciting the years in which an graphs or sections, or rise. We cannot enurmeration of the inhabitants shall be pass over a section. The question is not made, to for-m a new apportionment, reads: whether we shall pass this section or that, " and the nunmber of Senactors and Reprebut the whole article. The rule as laid sentatives shall, at the first regular sesdown in the manual is the true rule to gov- sion holden after the returns herein proern us. vided for are made, be apportioned among Mr. S. CLARK-I understand the gen- the several counties or districts to be estleman from Calhoun [Mr. ChARY] to tablished by law, according to the number raise a poin of order-that the committee of white inhabitants." In the -State of cannot pass over a section unless by the Iowa the language of the Constitution is, unanimous consent of the Convention. " within one year after the ratification of Now, sir, if such be the case, I am in favor this Constitutien, and within every subseof resuming the section already passed quent term of two years, for the term of over. I hope the motion will not prevail, eight years, an enumeration of all the and that no section will be passed over for wvhite inhabitants of this State shall be the accommodation of absent gentlemen. l-made in such manner as shall be direct. Mr. HANSCOM said if the chair deei- ed by law. The number of Senators and ded the rule to be, as stated by the gentle- Representatives shll, at their first regular from Calhoun, [Mr. CRARY,] he hoped an session of the General Assembly after appeal would be taken. It would be well such enumeration, be fixed by law, and to have the question settled. apportioned among the several counties After some few remarks by several according to the number of white inhabitmembers, the CHAIR having decided the ants in each." motion to pass over section 4 to be in I believe, sir, this is a general provision order, the motion was put and lost. in most of the constitutions of the differThe question being on the motion of the ent States. It is now for the Convention delegate from Lenawee, [Mr. COMSTOCK,] to say whether it shall be stricken out in to strike out the word "white" in line our constitution. I shall vote against it, eight, Mr. WILLIAMS-It appears to me we Mr. McCLELL\IND said, the gentle- are involving ourselves in a gross inconsisman from Lenawee is mistaken in suppo- tency by introducing the word "white" in sing the insertion of the word " white," a this connection. The third section of the new feature, or an extraordinary proposi- article under consideration contemplates an tion. If he will turn to the article in the apportionment of our Senators and Reprepresent constitution, he will find it reads sentatives alternately every five years, on. as follows: "' The legislature shall provide the basis of thne census of the United States by law for an enumeration of the inhabit- and our own State census. _Now let us ants of this State in the years one thou- turn to the constitution of the United sand eight hundred and thirty-seven, and States, and whatis its language? "Repreone thousand eight hundred and forty-.erntatives and direct taxes shall be apporfive, and every' ten years after the said tioned among the several States which may last mentioned time; and at their firstses- be included within this Union, according sion after each enumeration so made as to their respective numbers, which shall be aforesaid, and also after each enumreration determined by adding to the whole numn 127 her of free persons, incGluding those bound diane not taxed," fixes the basis in that reto service for a term of years, and exelu- spect, and defines precisely who must there ding Indians not taxed, three-fifths of all constitute it. Now, inasmuch as we are other persons." Thus the constitution, in a snarl in consequence of passing over even in the slave States, makes the mnum- a feature of section 3, and are considering ber of souls, and not color, the basis of re- the same feature of section 4, I would ask presentation- the gentleman from Lenawee to withdraw Mr. McCLELLANiD asked the gentle- the amendmlent, and I will then movetoreman if he would adopt the whole of the sume the consideration of the previous secconstitution of tie United States on the Tion, and thence have plain sailing. But, subject. inasmuch as I do not wish to trouble the Mr7. WILLIAMS-In whatrespect? The committee again. I will say I am in favor three-fifths feature in representation? of striking out the word "white," in both ~Mr. McCLELLAND-Yes. connections. 1st: because we shall preMr. WILLIAMS-Oh no. I ould not. serve consistency by adopting the same That part is not applicable to us. I would basis of representation for our own legispreserve some show of consistency. We lature, which is adopted by the United are compelled to adopt the enumernation of States in our national councils; 2d. be' the United States census in the apportion- cause of the absolute justice of the case. ment of members of Congress for this I wish to say little in addition to what. State. While we are represented in Con- has been said by the gentleman from Cass gress on one basis, why adopt a different [Mr. SULLIVAN] on that point. One conone in regard to domestic policy? Why sideration. however, was omitted by him: not adopt the enumeration of- the United I'Taxation and representation should go States, and not garble it? together," says the gentleman fiom SagiMr. McCLELLAND-It would not be naw, [iMr. SUTHERLAND,] and in claiming garbling it. The census of the United for the sparsely settled counties a represen$tates is arranged in columns, and the tation disproportioned to the number of innumber of white inhabitants is exhibited habitants, he adduced tabular statements separately. to show that their property was large. and Mr. WILLIAMS-Still you are corn- the consequent interests to be protected, pelled to take the whole enumeration as heavy, and therefore it should be estima= the measure of your- representation in Con- ted as an element in appointing represengress, and then you propose to garble and tatives. The reasoning received respectto carve it up, before you make it a basis ful attention, and I think I saw evidences of home representation. Let us be con- that the Convention were about to recog; sistent. nize it as sou nd, in conceding to the claims But, I am a little too fast. In courtesy of the smaller counties. To this policy I to the gentlemen from Mackinaw and Chip- do not here object; but I do insist that if pewa, [Messrs. McLEOD and ROBERTS,] we the productive energies of Saginaw, existhave passed over section 3, and are deba- ing in its property-saw mills and lumber ting now the propriety of striking out a schooners —are to be recognized, that the word in section 4, which occurs in the productive energies of other counties, exformer section. I was opposed to passilng isting in living men, should at least be plasection 3. Courtesy to the gentlemen ced on as dignified a level. Are we abotut named does not require it. Wee e only to allow a representation to the wild lands in committee. When the article comes in- and trees, and the saws of Saginaw which to the Convention, those gentlemen will play up and down, moved by the power have ample opportunity to take care of of steam and water, and not to bones, and their interests. sinews, and muscles, and nerves, impelled In regard to the claim made by the by a living heart, and prompted by human delegate from Oakland [Mr. HANsooM] in intellect? Are we to be guilty of such behalf of those gentlemen, on account of absurdity and injustice? the large number of Indians in their dis- Mr. WALKER said he was in favor of tricts, the United States enumeration set- striking out the word "white." Was it ties that question also, "Excluding In- fair or just that females should be enu 128 merated in forming a basis of representa- The substitute was adopted. tion, and other inhabitants excluded? If Mr. VAN VALKENBURGH moved to representation is to be based on the num- amend section three, line five, by inserting ber of voters, why are females, minors, after "inhabitants," the words " and such &c., to be counted, and another class of colored persons and Indians as are taxed." citizens not reckoned. He thought it Lost. would be fair to strike out the word. By Mr. COMSTOCK moved to strike out retaining it great injustice might be done " white," in fifth line, and insert after' into some sections of the State, particularly habitants," the words "excluding Indians new counties, that might by this provision not taxed." come under the ratio to be established. A division of the question being called Mr. CO M\STO'CK, at the suggestion of for, the committee refused to strike out. Mr. WILLrAMS, withdrew his motion to Mr. GALE moved to insert after "in, strike out the word " white," when, habitants," the words " ecluding all Mr. WILLIAMS moved to resume the aliens." Lost. consideration of section 3. Section 4 was read as amended, on the Mr. MORRISON enquired if the mo- motion of Mr. WOODMAN. tion was in order, as the section had just Section 5 being under consideration, been passed over by the committee. Mr. COOK offered the following substiThe CHAIR-Yes sir. No definite tute therefor: time was named when it was passed by. "The State shall be divided into thirtyThe motion to resume the consideration two districts, to be called Senate districts, of section 3 was carried, and the ques- each of which shall chose one Senator. tion being on the substitute of Mr. CIA- The districts shall be numbered from one PEL for the amendment offered by Mr. to thirty-two, inclusive. The Senators SUTHERLAND, Mr. S., by general consent, chosen by the odd numbered districts shall withdrew his amendment and offered the go out of office at the expiration of two following, to he added at the end of sec- years; the Senators chosen by the even tion three: "Provided, That until the next numbered districts shall go out of office at apportionment under the census of 1855, the expiration of four years; and thereafthe counties of Saginaw, Tuscola, Mid- ter the Senators shall be chosen for the land and Gratiot shall be entitled to one term of four years. No county shall be representative each; the county of Macki- divided in the formation of Senate districts naw, and the counties thereto attached, to except such county shall be equitably enone representative; the counties of Chip- titled to two or more Senators." pewa, Houghton, and Marquette to one Mr. McCLELLAND said he did not perrepresentative." ceive why the section as reported by the Mr. WHITE moved that the committee committee would not apply to the single rise, report progress and ask leave to sit district system. The provisions were simagain. Lost. ilar to those of Illinois and Iowa, in which Mr. CHAPEL renewed his substitute: States the single district system prevailed; "every organized county containing two He did not apprehend that any difEculty thousand white inhabitants shall be enti- would grow out of the section, as regarded tied to one representative." that system. It might be necessary to inMr. C. said he wished to be liberal with sert another section for excess of popula: the new counties, and as the proposition of tion similar to that in the constitution of the gentleman from Saginaw [Mr. SUTH- Illinois. [Mr. McC. here read the proERLAND] did not define the number of in- vision in the constitution of Illinois.] If habitants on which a basis was to be his friend fron Hillsdale [Mr. Cooi] would.made, he thought the number proposed, examine, he would find the section to antwo thousand, a fair and liberal one. The swer the purpose, and applicable to the old counties could afford to be ]jberal- system he desired. they ought to be, yet he did not wish the Mr. J. BARTOW moved to amend secbands of Indians hunting from Canada to tion 5 by striking out of line 2, the words be enumerated and form the basis of rep- "fiom their respective distlicts." resentation for the new counties, The motion was carried 129 The question recurring on Mr. COOK'S tee rise, report progress and ask leave to substitute, sit again. Lost. Mr. HANSCOM moved to strike out all Mr. CHURCH said he knew no reason that part included between the words'"in why township officers should be excluded elusive" and "no county." from the Legislature. Many ofthem Mr. H. said he was in favor of having were well qualified for such dities, the entire Senate elected every two years Mr. MORRISON hoped the substitute and not one-half only. would not prevail. County officers should Mr. COOK was in favor of that himself; remain at home and attend to their official but thought, from the vote yesterday, the duties. There was as much propriety in Convention decided toelect one-halfof the keeping them out of the Legislatnre, as Senate every two years. those who held office in the different deThe motion of AMr. HANscoM prevailed, partments of State. and the question recurring on the substi- Mr. EA TON-Would you exclude justute as amended, a division was called for. tices of the peace? Section b was then stricken out and the Mr. MORRISON-Yes sir. Let them substitute adopted. stay at home and perform their duties Section 6 was read. there. I have known them to go off and Mr. COOK moved to amend section 7, take their dockets with them, by which by adding at -the end thereof the words the interest of persons has suffered. I'and all votes given for any such person would exclude every one who has official shall be void." duties at home. Carried. Mr. BUSH said his object in offering On motion of Mr. HANSCOM, the word the substitute had been accomplished. He "postmasters;" in line one, was stricken out. wished to draw the attention of the ConMr. STOREY moved to strike out "no- vention to the subject. If they saw proptaries public, and officers of the militia and er to exclude all county officers, he would of townships excepted.' vote for it. It was the duty of the ConBut the committee refused to strike out. vention to put-the matter at rest. Many Mr. BUSH offered the following substi- supposed, under the present Conistitutign, tute for section 7: that county officers, save those specially "No person holding any United States excepted, were excluded froml seats in the office or State office, (notaries public and Legislature. [Mr... lere read the proofficers of the militia excepted,) shall be vision of the Constitution.] But he preeligible to a seat in either house of the sumed that most county offic2rs held seats. Legislature; and-votes given for such per- In the legislature of 1840, there were so son shall be void." many county officers holding seats that it Mr. B. said the provision in the present lei to great confusion. It was like a twoconstitution had not been sufficiently un- edged sword. derstood. Under it the question of the Mr. McCLELLAND thought the geleligibility of certain county officers had eral interpretation of the clause of the been frequently before the Legislature, Constitution was as stated by the gentleand it was yet uncertain whether they man from Ingham [Mr. BusH]-that all rightfully held their seats or not. It was officers were excluded save those specially wrged by some that county and town- excepted. That was the intention of the ship officers were excluded fiom holding committee who reported the article under seats from the very fact that justices of consideration. the peace were excepted. He had never He was opposed to excluding justices of been in the Legislature withoutwitnessing the peace, for the reason that if excluded, some confusion growing out of the election it might be a difficult matter to get a comof a county officer, judge, clerk, or some petent person, out of a village, to fill thp other. If his substitute did not clearly office. For the public welfare, the excluand sufficiently define the matter, he hoped sion ought to be as limited as possible. If some other gentleman would offer a pro- a justice were doing a good business, he position that would. would be unwilling to leave it for a seat in Mr. J. CLARK moved that the commit- the Legislature. i>3C 130 In regard to the cases of county officers cial officers. He mentioned it to, call atholding seats, mentioned by gentlemen, he tention to that point. believed the question of their eligibility Mr. McCLELLAND thought it the sense had been referred to committees, but, if ru- of the committee that justices of the peace, Tmor was correct, those committees had as well as all other township officers, should withheld their reports and the officers thus be eligible to a seat in the Legislature; and permitted to remain and hold their seats if there should be a conflict of provisions; in the legislature. The question was not it could be remedied hereafter. settled. Mr. FRALICK moved to amend section Mr. MORRISON deemed it as necessa- 7 so as to read, "No person holding any ry to exclude justices as any others. The office under the United States or this State, gentleman from Monroe [Mr. McC.] had or any county office, notaries public, offisaid that they would not leave a good cers of the militia and officers elected by business to come to the Legislature. His townships, excepted, shall be eligible to or experience taught him better. HIe had have a seat in either house of the Legilaknown cases where special elections were ture." necessary to fill vacancies occasioned by Mr. F. thought the amendment would the election of justices to the Legislature. obviate all difficulty that had been- appreHe did -not understand the proposition hended. It would avoid all difficulty of of the gentleman from Ingham [Mr. construction, also, by any one, and make BUSiHi to exclude justices, and therefore the section so that all officers elected in the moved to amend the substitute by insert- townships would be eligible to a seat in the ing the words "county and township offi- Legislature. This he believed to be the cers," so that they would be excluded. sense of the committee. Supervisors and Mr. WOODMAN hoped that path-mas- justices of the peace were, in many of their ters would not be excluded, as he held that duties, county officers. The supervisor office at home. was a representative of his town in the On motion of Mr. DANFORTH, the county board, and his duties in such board committee rose, reported progress and ob- rendered him a county officer in their distained leave to sit again. charge. On motion of Mr. WOODMAN, the Every one was aware of the difficulty, Convention adjourned. particularly in the smaller towns, of obtaining proper persons to fill township offices. The best men of every town were wanted for those places; and if an exclusion from Afternoon Session. a seat in the Legislature was added to the On motion of Mr. McCLELLAND, the unprofitable and onerous duties of townConvention resolved itself into committee, ship officers, he thought it would be sensiand resumed the consideration of the arti- bly felt in the administration of our town cle on the Legislative Department. affairs. The idea of an exclusion, whethMr. McCLELLAND offered a substitute er men were ambitious for a seat in the for section 7, which excepted township of- Legislature or not, would prevent very ficers from being excluded from seats in many of oar best men from participating the Legislature. in the burdens of town officers. Mr. MeC. said it seemed to him that the Mr. REDFIELD said he should be sorry substitute he offered better expressed the to see magistrates and supervisors exclusense of the committee than did the origin- ded from a seat in these halls. No class al section, or the substitute of the gentle- of our citizens were so fit to come here as man from Ingham, [Mr. BUSH.] The de- these very men. They had been through sign of the committee was, he believed, not a course of proper training to fit them for to exclude township officers. their duties here, and in no hands could A Mr. CRARY asked if this proposition, the various interests of the different porif adopted, would not conflict with another tions of the state be better committed. He provision in another report. If the report should regret very much to see these classof another committee should be adopted, es of our citizens excluded from seats in justices of the peace would become judi- our legislative halls. 13i Mr. CORNELL-When a law is framed, had obtained a certificate of his election. it is difficult sometimes to put it into prac- The question came up as to his competentical operation; that is, its details are not cy to hold the seat; yet he was permitted perfect. A very large proportion of our to retain it. I uAderstood it was decided laws are executed by township officers, that the proper construction of the section and their experience in putting them into was that it merely applied to state officers; operation makes them better fitted to point in common parlance, officers appointed diout defects and suggest improvements than rectly by state authority. almost any other class. An officer, pass- The language of the article before us is ing up through the different services of a similar. It reads, "No person holding township, must know the minute workings any office under the United States or this of the laws, and his experience would make State, (postmasters, notaries public and ofhim a useful legislator. fleers of the militia and of townships exMr. CHURCH-The question seems to cepted,) shall be eligible to or have a seat be whether justices of the peace and su- in either house of the Legislature." My pervisors shall be eligible to a seat in the amendment proposes to take away the plauLegislature, and whether the section as re- sibility of the present construction, and ported would give justices of the peace make the section more explicit. It is as such a privilege, if they should be made follows: After the words "holding ofstate officers by the adoption of the judi- fice," to insert, "under the constitution or ciary report. Whether the original report laws of the United States or of this State." would meet the expression of views in the It will put the matter beyond the probacommittee or not, the amendment of the bility of any ambiguity or misconstruction. gentleman from Wayne, [Mr. FRALICK,] In reference to the exceptions which it seemed to him, would avoid any miscon- would be embraced, of course, they should struction, and relieve officers elected in the be made in reference to the object of the townships from the exclusory clause. provision. As I understand it, the object Mr. McCLELLAND withdrew his sub- is two-fold: one to prohibit from seats in Ostit O N t dwute.e s the legislature persons who hold office; which would require the performance of Mr. GOODWIN-The section under duties connected with them during the consideration is regarded as susceptible of sessions, so that during that time, the different constructions, and the amendment public would not be deprived of their of my colleague [Mr. FRALICKI is design- services; another, that individuals who ed, in part, to remedy the evil. I hold in occupy official positions, should not use my hand an amendment I had designed to the influence of their positions to forward offer, which I think will render the section their object in obtaining seats in the lemore explicit. gislature, and perhaps be led into negliIt has been remarked that the correspon- gence or unfaithfulness in the performance ding section in the present constitution has of their duties. In other words, guarding occasioned a great deal of discussion in the the purity of elections. This doubtless had Legislature. It has received a broad con- its weight as well as the other. struction, and one, I think, not in confor- There may perhaps be a further object mity with its object and intent. It reads as to act; that one individual should not hold follows: "No person holding any office un- a number of offices at the same time, but der the United States, or of this State, of- that they should be more generally distrificers of the militia, justices of the peace, buted. The two first'I consider of the associate judges of the circuit and county most importance. courts, and postmasters, excepted, shall be Mr. McCLELLAND did not clearly see eligible to either house of theLegislature." the point of the suggestion of the gentleOne would have supposed that the phrase- man from Wayne, [Mr. GoODWIN.] He ology would have excluded county officers, [Mr. McC.j preferred the amendment of yet it is well known they have been ad- Mr. FRALICK as it stood. It provided for mitted to seats. I remember a case that every case conceivable —United States, occurred two years ago. A contested elec- State and county officers, except military tion of a county clerk had been returned and township officers and notaries public to the House of Representatives, and he -.it covered the whole, I 32 Mr. CHURCH-The amendment of to be made so, he would move to strike Mr. FRALICK is well; but if it takes the those words out of the exceptions. modification of the other member from Mr. KINGSLEY withdrew his motion. Wayne, [Mr. GOODWIN,] it would be like Mr. FRALICK'S amendment was then the man who took medicine when he was adopted. well, to make him better, and then —died. Mr. BUSH withdrew his substitute. Mr. MORRISON -was in favor of ex- Mr. BEARDSLEY said that the comeluding township officers from a seat in mittee had once refused to make post masthe legislature. If the remarks of the gen- ters an exception to the exclusion; but he tleman from Jackson [Mr. CORNELL] and hoped that the decision, on a further consithe gentleman from Cass, [Mr. REDFIELD,' deration, might be reversed. He did not as to the benefits derived from the exper- feeldisposed to make a move in the matence of town officers were correct, they ap- ter; but there might bea difficulty in obplied with equal force to those who hadaining god post masters, if they should retired from service in a town capacity, asbe thus excluded. to those who should be incumbents of those offices. And the same reasoning ec 9. A majority of each house shall would apply to all State and county offi- constitute a uorum to do business; but a cers. He did not want the article left somaller number may adjou from day t loose that it would be moulded to the ac- day- and may compel the attendance of commodation of th en who wantedabsent members, in such manner and uncommodation -of those men' who waited two offices; and therefore supervisors and der uch penalties as each hose may projustices of the peace should be excluded vide. Mr. FRALICK moved to insert "6memfrom a seat in thle legislature. Mr. FRALICK moved to insert'memMr. CORNEiL- The gentleman from bers elected to," after "of," in the first Calhoun [Mr. MORRISON wished to pro- li ne. hibit supervisors and justices of the peace Mr. HANSCO M would lik t ge e gentlefrom being members of the legislature.man fro [Mr F C] to give a He [Mr. C.] was willing to let the people reason for his proposition. jud~g~e of that matter. dMr. FRALICK-Much difficulty has judge of that matter. Mr. MORRISON-Why not apply the arisen upon the construction of our present constitution where similar Words have been same principles to judges of the Supreme costtuton similar ords h ave been (courti -used. I am for having the matter fixed Mr. CORNELL -h e judges of the Su- certain, beyond the possibility of misconpreme Court are expounders of the law. struction. Mr. SULLIVAN moved to amend the Mr. HANSCOM-The strictness of the aendment by striking out the words "be amendment might be well in other cases, eliaiblenmto or.t te w "be but this section is well enough as it is. eligible to0or." The amendment was lost. Mr. S. had two objects in offering theThe amendment was lost. amendment. ist: that one duty should not Sec. 10. Each house shall choose its conflict with another; and 2d: that no per- own officers, and shall determine the rules son should employ one office to enable him of its proceedings, and judge of the qualto obtain another. Having used one po- iications, elections and returns of its own sition to secure his election to a seat in the members; and may, with the concurrence legislature, he might resign his first office,of two-thirds of all the members elected, after his election to the latter. expel a member; but no member shall be Mr. FRALICK They are the very expelled a second time for the same cause, words, we want to carry out te wishes nor for any cause known to his constituents just expressed. If he held one office, un- antecedent to his election; and the reason der the section as it now stands, he would for such expulsion shall be entered upon be compelled to resign it before being elect- the journal, with the names of the memed to a seat in the legislature, and not to bers voting on the question. leave it till after the election, and the Mr. HASCALL would inquire of memmake a choice of offices. bers better acquainted with matters of leMr. KINGSLEY inquired if notaries gislation than himself, if some other methpublic were State officers? If they were od-something simpler and cheaper 133 could not be devised for settling the seats necessities of the case might require such of contesting members? Whether claim- a course. ants might not go before some judge at The motion was lost. chambers, with their statements and proofs; Mr. COOK said that the right of pro, and the decision of the judge be final? testing had taken up a great deal of time When a legislative body was closely bal- in our legislative bodies, and he thought anced between parties, members were very this section might be made a little more apt to be biased. by their political prejudi- definite, to obviate any future disagreeces, ank great injustice might be, as it of- ment as to the extent of the right intended ten had been, done. to be conferred. Srome had heretofore con. Mr. WALKER said that they hadad hd tended that the term "act," referred to a some experience in Macomb county, with motion or decision of the chair; while oth. the method suggested by the gentleman ers thought it only applied to a law, resofrom Kalamazoo, [Mr. HASCALL;] and the lution or vote. The proper and definite practical workings of the system, he construction might, and should be, agreed thought, not very favorable. They had upon now, to prevent useless contentions had a contest for the office of judge of and discussions hereafter One branch of probate, but the one who got his seat had the legislature, last winter, was occupied served out his term of office before a de- about a wNeek in discussing this question, cision was had in the case. to no benefit to the public. He suggested Mr. MOORE would call the attention that the word "passed," after "resoluof the committee to the 32d section of the tion," would remedy the defect of the secarticle under consideration, which provides tion. that in cases of a contested seat, the per- Mr. HANSCOM was a looker-on in the son only who is declared entitled to it, scene alluded to by the gentleman from shall receive per diem compensation or Hillsdale, [Mr. COOK;] and there was a mileage. great deal of useless discussion, and a Mr. McCLELLAND looked upon the waste of time to no purpose; the majority provision last alluded to as a sovereign pa- was at last worried out by the untiring exnacea for all the evils of which complaint ertions of the minority. He could not, had heretofore been made. however, agree with the last gentleman's Sec. 11. Each house shall keep a jour- views, nor the amendment suggested. He nal of its proceedings, and publish the looked upon the article as securing essensame, except such parts as may require se- tial rights to the minority, and was in favor crecy; and the yeas and nays of themem- of extending to them all the rights and bers of either house, on any question, shall, privileges they would ask. They should at the request of one-fifthof the members have the right not only to protest against present, be entered on the journal. Any any act or resolution passed, but against member of either house shall have liberty any proceeding which might be an ento dissent from and protest against any act croachment on their rights. He would or resolution which he may think injuri- therefore move to insert "proceeding," afous to the public or an individual, and have ter the word "act." the reason of his dissent entered on the Mr. COOK thought members should journal. not have the privilege of protesting against Mr. ROBERTSON moved to strike out any trivial or private act that might be "except such parts as may require secre- done in a legislative body-acts that con-y," in the first and second lines. Mr. cerned no one but the private feelings of R. saw no reason for its retention in the ar- members-but only against acts which conticle. cern the public. He would move to inMr. McCLELLAND observed that it sert after "resolution," the word "passwas a clause which was in all the consti- ed." tutions of the different States. It had been Mr-. McCLELLAND-Such an amendreported in this article, because exigencies ment would produce more trouble than we might arise in which the proceedings of have now. It was extremely difficult to the legislature should be done in secret. provide for all the troubles of the legislaIn case of an invasion or insurrection, the ture; but this amendment seemed to him 34 134 to leave greater room for difficulty as kept off the journalsP which related to acts well as for a greater infringement on the which concerned the public. They were rights of the minority. A fait construe- the only proper ones to find a place on the tion of the article, as reported, would per- journals, and not those in reference to mit, as it ought to permit, Senators to pro- their own quarrels and difficulties. test against the acts of the Senate, and Mr. HAN SCOM'S amendment was then members of the House against the acts of adopted. the House. But what would be the effect Mr. COOK witlhdrew his amendment. of this amendment? Suppose a bill intro- Sec. 15. Every bill passed by the legisduced should pass one house, and go on lature shall, before it becomes a law, be toits final passage in the other, and there presented to the Governor; if he approves be defeated. The right to protest, in the it, he shall sign it; but if not, he shall rehouse in which the bill originated, falls turn it with his objections to that house in with the defeat of the bill in the other which it originated, who shall enter the house. The right of protesting is a privi- objections at large upon their journal, and lege which ought to be given to the mino- proceed to reconsider it. If, after such rerity. consideration, two-thirds'of all the meemMr. COOK modified his amendment bers present agree to pass the bill, it shall by striking out "act," and inserting "pas- be sent, with the objections, to the other sage. of, any bill." That would reme- house, by whom it shall likewise be recondy the evil alluded to by the last gentle- sidered; and if approved also by twoman, and give the right to protest against hirds of all the members present in that all acts that concerned the public. To give house, it shall become a law; but in such the right to protest against all doings of case, the vote of both houses shall be dethat body was giving too broad a latitude. termined by yeas and nays, and the names Mr. BUSH was in favor of -the amend- of members voting for or against the bill menrt offered by Mr. HANscoM. Great in- shall be entered on the journals of each justice to individuals and minorities had house respectively; and if any bill be not been done by the action of our legislative returned by the Governor within ten days, bodies. He alluded to a case where the Sundays excepted, after it has been preSenate majority refused to enter a respect- sented to him, the same shall become a ful protest on its journals, against'the ac- law, in like manner as if he had signed it, tions of that body. The whole matter had unless the legislature, by their adjournbeen suppressed, except what had been ment, prevent its return; in which case it stated through the newspapers. shall not become a law. But the GoverMr. HANSCOM said that he believed nor may approve and sign and file in the in the absolute right of minorities to pro- office of the Secretary of State, within five test against any proceeding that might oc- days after the adjournment of the two cur in the course of legislative proceeding. houses, any act passed during the last five The want of such a provision had worked days of the session; in which case it shall great injustice, and led to almost intermina- become a law. ble couflict and discussion. The last ses- Mr. HANSCOM moved to strike out sion of our legislature furnished sufficient "two-thirds," wherever it occured in the illustration of the propriety and necessity section, and insert instead, "majority of all of the amendment. members elected." Mr. McCLELLAND said no reasonable Mr. J. D.. PIERCE hoped that the request to enter a protest on the journals amendment would not prevail. It would should be denied. But in times of high throwthe power of passing a bill over the excitement, when a majority desired to ac- objections of the Governor into too few complish a certain thing, they would do hands. that thing; throw around them all the re- Mr. McCLELLAND said he was aware strictions and guards you please, if they there had been objections to investing the were determined to do the thing, they Executive with the veto power; but upon would do it. Such, his observation had examination, he thought these objections taught him, was the fact. would yield to reflection and reason. PerMr. COOK had never known a protest haps no individual had experienced more 135 than himself, the direct disadvantages twenty days, and no more, and shall leggrowing out of the exercise of this power; islate on no other subjects than those exyet he regarded it as one of the most salu- pressly stated in the governor's proclamatuary provisions of a Constitution. With- tion. They shall also receive ten cents for out it, [said Mr. Me.,] what would our own every mile they shall actually travel in State have been? And if there had been going to and returning from their place of more firmness on the part of the Execu- meeting, on the usually traveled routetives-if the veto had been applied to nu- and for stationery and newspapers not exmerous measures of our State legislation- ceeding five dollars for each member duhow different would have been the condi- ring any session. tion of the State? Her prosperity would Mr. WILLARD moved to strike out have been far in advance of what it is at "three," and insert "two," as the per this period, and her reputation without diem of the members. blemish.. S. CLARK said he was in favor of Upon the excitement and impulse of the out thee dollars and inserting moment, we were apt to suppose the veto to, and believed that instead of destoy power dangerous and oppressive; as yield- the character of the legislative body it ing too much into the hands, and to the would impov it. The position would no discretion of one man; but upon sober re- longer be sought after by interested men, flection, a calm survey of its practical eager for the spoils. It will not be by effects must convince all of its soundness by effects must convince all of its soundness that class of men so eagerly sought for; and practicability. but the people will select the best men to The people of the United States admit- represent their views. There will be no ted it to be a wise and salutary means of difficulty in obtaining members of talent protecting the interests of the country; to represent the people, and hehoped the and while certain localities might, in some amendment would prevail. instances, suffer firom its exercise, and feel aggrieved, yet the masses were satisfied. Mr. J. D. PIERCE asked if the object He felt no disposition to argue the matter, ofthe gentleman, to prevent men seeking yet, if necessary, he was prepared to dis- the place for the spoils, could not be better cuss the question, in all its latitude, now accomplished by strikiug out all pay, and or hereafter. place us on the same ground with the Mr. J. D. PIERCE had no doubt of the British Parliament. correctness of the assertion that if the Mr. EATON was opposed to the propoGovernors of this State had more fre- sition of the gentleman from Van Buren, quently exercised this power we should [Mr. WILLARD.]. His constituents were have been in a far more prosperous condi- more liberal than to require such a parsition. If the amendment pending should m1onious measure of the Convention. He be lost, he would move to amend so as to had heard the matter discussed at home, require a vote of two-thirds of all the and they would be satisfied with the adop" members elected to pass a bill over the tion of biennial sessions, without reducing objections of the Governor. the present per diem of members. Who Mr. HANSCOM's amendment was then would be willing to go to the legislature lost. and sacrifice his time for two dollars per Mr. J. D. PIERCE moved to strike out day? "present," where it occurred in the section, Mr. McCLELLAND said there were and insert " elected." Carried. those who favored a reduction in the per Sec. 17. The members of the Legisla- diem allowance of members; yet, from ture shall receive, for their services three the retrenchment intended to be carried dollars a day for actual attendance except out in the legislative and other state deabsent from sickness, for the first sixty partments, he thought there would be no days of the session of 1851, and for the necessity for reducing the pay of memfirst forty days of every subsequent ses. hers. He had taken pains to ascertain the sion, and nothing more. When convened expenses of several sessions of the legislain extra session by the governor, they shall ture, and prepared the following table of receive three dollars a day for the first expenses, together with an estimate of the 136 -expense of two years under the present were days of darkness-these are days of recommendation. reform and light. I hope that this stigma 1849 newspapers, $606 60 will not attach to Mr. Barrett. 1850 583 50 Mr. COMSTOCK had no instructions 1849 Postage, 2,868 70 on this particular question, from his con1850 " 1,840 13 stituents, et 1849 Stationery, 5yet he as willing and ready to 1850 " 440 00 enter on any work of reform. He believed 1849 Pay of members and mileage, 31,042 60 the people would be satisfied with the re1850 c3 " is 1,359 98 form and retrenchments already canvass69,166 51 ed —biennial sessions, single districts, &c. (Mileage about $2,000 included in foregoing.) Mr. ROBERTSON-We are in favor of Probable amount by present recommendation. reform in Macomrb, inasmuch as we have 1851 Postage on matter received mere- thought that heretofore it has been the ly, $.400 00 habit of the legislature to rob the treasuPay of members, sixty Pay of members, sit ry; but I think it will be a poor method to days, 14,840 00' Serg't-at-arms, clerk, revenge ourselves by robbing those who &c., 900 00 are to come here, for the excesses of those Stationery and news- who have preceded them. Spapetlers, e 3~5>2 00 oo-My colleague and myself have received Stationery for clerk,:&c. 50 00 Stationey _ 16,542 00 letters from Maoomb, in which the citizens - express themselves in favor of three dolDifference, $52,624 51 lars per day. They are willing to allow Showing that under biennial sessions, this, but they wantbiennial sessions-they there would be a saving to the State, in want the first session to be limited to sixty two years, of fifty-two thousand six hun- days-for which they are willing to pay dred and twenty-four dollars. Postage in three dollars per day, and one dollar per 1843, when he was a member, under the day for all over sixty days; but they cerhigh rates of postage, was $247 67. tainly misunderstood the price of board Mr. VAN VALKENBURGH-I trust, in Lansing, when they spoke of one dolsir, the amendment of the gentleman from lar. Van Buren [Mr. WILLARD] will prevail. Mr. BUTTERFIELD-A11 that has The county of Oakland, which I have the been said resolves itself into a matter of honor in part to represent, requires not dollars and cents. only that the sessions of the legislature Suppose that the pay is reduced to two shall be shortened, but the pay of mem- dollars per day, with a session of forty bers reduced. I have, sir, in my pocket, days. The board and incidental expenses a letter from a highly respeetable citizen cannot be estimated at less than seven of that county, which states that that mat- dollars per week, so that of the amount ter was a test question. I hope that received, forty dollars has gone and he has members will come up to the scratch. forty dollars left. Mr. RAYNALE-Who is the gent!e- The expense of the outfit of course is man who wrote the letter? something —the expense of election is said Mr. VAN VALKENBURGH-Hiram nothing about. Barrett, whom the gentleman has often Now is this a reasonable compensationmet. are these men, who thus talk, in earnest? Mr. WOODMAN lust say one word. Who will come here if his services are not Honor and fairness required it of him. considered worth one dollar per day? His constituents never expected him to Who will come here for that compensation? vote for two dollars per day for the pay of And I would ask if those men whose servimembers. Friend Barrett, to whom his ces are worth nothing should come here colleague [Mr. VAN V.] alluded, had been and serve the State? a member of the legislature, and if you No man can come here without the loss search the record you will find that.he al- of time and money-no man can leave his ways voted for three dollars per day. He business without a sacrifice. It is a sacrisaid he would not, but he did. file to many a man who comes here at Mr. VAN VALKENBURGH-Those three dollars per-day; for we know that 137 many have refused to sit in the legislature, members, than three would in times past. because they could not submit to the sac- He should go for two dollars. rifice, even when the session was ninety or Mr. VAN VALKENBURGH felt bound one hundred days in length. When it is to defend his absent friend, Mr. Barrett. reduced to forty days the pay will be a [Mr. VAN V. then read fiom a copy of matter of no consideration, and I cannot the journal of the legislature to prove that think these men are serious. Mr. Barrett. when a member, had voted Mr. WILLARD was serious in the mat- for two dollars a day for the pay of memter. Three dollars per day might be nee- bers.] essary for those members who couldn't A division of the question being called wear pantaloons without straps, and must for on Mr. WILLARD'S amendment, the have their wine dinners every day at the committee refused to strike out. Benton House. Members were not corn- Section 17 was amended, on motion of pelled to dress finely, and there were Mr. McCLELLAND, by inserting in 1st cheaper boarding houses in town. Two line, after the word " services," the word dollars was enough, and he should follow "only;" by striking out " unless," in the the matter up. second line, and inserting "and when;" Mr. CHAPEL would suggest the pro- by striking out "more," in third line and priety of adding the words "and roast inserting " thereafter," and by striking ut beef."'no more," in fourth line and inserting Mr.N. PIERCE-Mr. Chairman, I have 6" nothing thereafter." always been of opinion that two dollars a On motion of Mr. WALKER, section 17 day was enough-but when the report of was amended by inserting after " proclathe committee was made, I thought they mation," in 5th line, "or submitted to had guarded it very well. They had them by his special message." shortened the session so that I felt to go On motion of Mr. STOREY, the comn-.along with them; but I am persuaded that mittee rose, reported progress and asked two dollars a day is enough. I can board leave to sit again. here and take care of myself for one dol- The committee, through their chairman lar a day. I think the State should not reported the article back to the Convention hire men and pay them extra. I think and asked and obtained leHve to sit again. you could get men to come here for two On motion of Mr. J. CLARK, the Condollars a day-good men and capable. I vention then adjourned. think there would not be so much fuss about the election, but you would get good men. As the committee had reported to shor- WEDNESDAY, ( th day,) June 19. ten the session, my feelings was to go with The Convention met at the usual hour the committee-with the report-I was and was called to order by the PRESIDENT. satisfied-but I shall go with the gentle- Prayer by the Rev. Mr. TOOKER. man from Van Buren. I think two dolPETITIONS. lars enough. I think a man can live here HA OM: of M with prudent policy and save a dollar a ByMr. HANSCOM: of MOSES S. e oL day, and I think that enough. When they LIS and 299 others, citizens of the lctivey are elected it is fun; bt it is no fun whe Washtenaw praying that the electi they come here. It is like the fisherman frnchise be exte d to every male cit who put the fishin'g against the fun, and zen over the age of 21 years. Referred. all the fish he got was clear gain. B r. B: of 9 citizens of the Mr. KINGSLEY believed the people town of L, asking that the word would be satisfied if the sessions were "white" may be stricken from the Gonstishortened and biennial sessions adopted. ttlon. Referred. Mr. MOORE thought two dollars per REPORTS day sufficient. He believed we should Mr. WALKER, from the committee o have better legislators than heretofore. education, submitted a report accompanied Mr. AMMON BROWN thought two by "Article -. Education." dollars would go further now, to support The article was read the first and second 35 138 time by its title, referred to the committee all expenditures from the University inteof the whole and ordered printed, rest fund. Article -. Education. 6. The proceeds from the sale of all 1. There shall be elected at each gen- lands that have been or may hereafter be eral election by the qualified electors of granted by the United States to thisState, the State, a Superintendent of Public In- otr the support of a University, and all struction, who shall hold his office for the funds accruing from any other source, for term of two years, and shall have the gen- the purpose aforesaid, shall be and remain eral supervision of public instruction, and a perpetual fund, the interest of which, towhose duties shall be prescribed by law. gether with the rents of all such lands as 2. The proceeds from the sale of all may remain unsold, shall be inviolably aplands that have been or hereafter may be propriated to the support of the Universigranted by the United States to this State, ty, with such branches as the public good for the support of schools, shall be and may reuire for the promotion of literaremain a perpetual fund, the interest of ture and the arts and scienceso vhich, together with the rents of all suche shal be lected at e frst lands as remain unsold, shall be inviolably g e e r appropriated to the support of primary fical el etoninthistat, the mem cfietion of this Constitution, three mernschools throughout the t.ate, and shall be bes o te te Boa d of Education, one annually distributed for such purpose, up-, oe f t for the term of two years, one for the term on such fair and equitable basis as shall of four rs, and o for the ter of si be provided by law. j e provided by law. years; and at each succeeding biennial 3. The legislature shall establish by law o < i~. ( J c ~election, there shall be one member of said a systema of> primary schools, by whicha board elected, who shall hold his cffice for mieh schools shall be kept in each and ucl schools! shall be kept in each and the term of six years. The Superintendevery school district, for at least three ent of Public Instruction shall be ex.officio months. in each year, free and without a member and secretary of said board. any charge for tuiion, to all children be- bard shall have te general pevitween the ages of four and eiglhteen years, sion of the State Normal School, and their and shall provide that any deficiency that pescribd by law may exist after the distribution of the pri- dutes sb mary school interest fund, shall be raised 38. Theproceeds from the sale of all lands in the several townships and cities, by a that have been or shall behereafter grant tax upon the whlole t taxabsle property in ed or appropriated for the use of the State such townhbips. and cities respectively. Normal Scool shall be and remain aper And the English language, anud no other, petual fund, the interest of which, togethshall be taught in such schools. er with the rents:?nd profits of such of 4. There shall be elected at the first said lands as shall remain unsold, shall be general electiol in this State after the rilti- invioltbly appropriated for the support of ofsaid Normal Sehooi. fication of this C nstitutfion, six Regents of said Normal School. the University, two for the term of six 9. The legislature shall encourage, by years, two for the term of four years,_and all -uitable means, the promotion of intwo for the term of two years;::nd ateach tellectual, scientific and agricultural imsubsequent election there shall be two Re- provement; and shall, as soon as practicagents of the University elected, who shall ble, provide for the establishment of an told their office for the term of six years. agricultural school, with a model farm in 5. The Regents of the University slall, at connection therewith. The legislature their first annual meeting, or as soon there- shall also provide for the establishment of after as may be, elect a President of the t least one library in each township; and University of Michigran, who shall be ex the money which shall be paid by all perofficio a member of their board, and sh llI sons as an exemption fiom military duty, preside at (he meetings of said Regents, and all fines assessed in the several counand who shall' be the principal executive of ties for any breach of the penal laws, shall the University. Sail Board of Regrents be exclusively applied to the support of shall have the general supervis on of the said libraries. University, and the direction and control of A motion was made to print the usual 139 number-of copies of the report accompa- Mr. N. PIERCE-I hope that the renying the article. port will be printed. I do not klow how Mr. CHURCH-I object, Mr. President, members will understand the report withto the printing of the report which tle out it is printed. I do not understand it chairman of the committee on education yet myself, and I want to examine the has brought in with the article which he printed report. has submitted in behalf of that committee. Mr. CORNELL-I think that it is an Such a report is unprecedented in the his- important subject; as much as any that tory of our proceedings; it is in direct vi- will come before this Convention, and I olation of the positive instructions of this hope that the report may go to the people Convention, contained in the resolution to let them examine it. In the first session adopted on the 7th of June. There is no of the legislature after we became a State, a propriety, sir, in the making of such a law was passed which would have renderwritten report, against the instructions I ed the schools nearly free. Matny objected refer to. and against the practice we have to it and the provi.ion was rejected; so that heretofore established in this respect. many who were entitled to a free educaThe printing of this report will increase tion were deprived of it. Now I think the bill of expense, now too great, and that the people are in favor of it, but still which our necessary printing will make I think that it should be fairly presented, large enough. Nor can it be of any use. that public opinion may be fully formed. The subject this report discusses will be In the section lhat I have the honor to redisposed of before the report can be circu- prese:nt it is considered as imlortant a fealated wide enough and sent far enough to ture as:any in the Constitution. make much impression upon the public Mr. HANSCOM-It is the first time in mind. the whole course of my experience that I The object of the resolution of June 7th ever knew an attempt rmade to deprive a was, that no pre-occupation of the public standing committee of the privilege of mind, by the peculiar views of a commit- printing their report. tee, should be attemptedby written reports; The committee on education have enthat each article submitted to the Conven- deavored to engraft a new principle in the tion should suand for favor or disfavor up- feature of our common schools, which, alon the merits or defects of its provisions though just will meet with the most emapparent upon its face. bittered opposition in some portions of the Why should an exception be made up. State. on this particular topic and as regar ds this The committee have chosen to present committee? If there be hetre an especial their reasons to induce the favorable action desire to instruct us or to make a personal of the Conventi.n, and justice to the comdisplay, let it be done upon the floor of this mittee, and to the people of Michigan, reConvention, in oral and open debate. quires that the report shall be printed;in Did the chairman of the committee on company with the article, and I am surthie Legislative Department-whose article, prised at the objection that hasbeen made. lately presented to us, contained impor- Mr. ROBERTSON-I hope the report tant and radical changes, reaching to the may be printed. The gentleman from business and bosoms ot men-m-ake a long Kent [Mr. CHURCH] seems to have taken rhetorical reportin writing? No, sir! He in the whole meaning. Dull people like made a few verbal explanations,- and those me require a little more time. This body.only because affictive intelligence called has ordered a committee upon an imporhim from this Convention. tant subject. Much investigation has been Have the chairmen of other com-mittees given to the consideration of the subject, m-ade such reports? No, sirl! Print this and te result is presented in the form of a report; make this a precedent; and by and report. by the chairman of the committee on mis- The committee have reported in favor cellaneous provisions will make a written of a change of vast importance to the peoreport, in connection with the article he pie of this State. A change that I believe may submit, as long as himself! I object, is called for by the largest number; at sir, therefore to the printing of this report. any rate, called for by the majority of the t40 northern part of the State. If the old Mr. GARDINER said that many of the system would enable us to have schools members were dissatisfied with the publicafree, then I should be opposed to this sys- tion of the reports in the present form. tem; but it does not. And we ought to The Convention passed a resolution, it will adopt a system of free schools, and if we be recollected, that reports shall be publay our reasons before the people, in the lished in octavo form, and this publication first place, by publishing the report giving is in octavo form. them the views of the committee, more Mr. CRARY — What is an octavo form? light may be thrown upon the subject. I Mr. GARDINER-It is the usual octatherefore hope that the report may be prin- vo form on a medium sheet-imperial is ted. double that of medium. I would say that Mr. CHURCH-I dont care much about the committee had suggested and agreed the matter; but it see:ms to me it was the upon a different form; but on examination business of the committee to report merely of the resolution of the Convention, we the article. Such has been the usual prac- found that we had no discretion in the tice. The committee on the legislative de- matter. partment presented an article which con- I is proposed to print the number oro templated important and radical changes. dered for distribution in the manner now and all the report that was made was a few doe, and tat the other for the book form, verbal explanations made by the chairman. shall be printed in brevier type, like that of XWe should remember that we are not a the Ohio Convention. The contract with legislative body. And I contend that in theState Printerbinds him to use the usual framing a constitution we should not have tpe. The brevier lype cannot be procured reports written to be printed in advance, here in consequence of the printer not begiving the friends of any particular meas- in, bound to use it. Therefore the cornure undue.influence. ^ mittee thought it best that the usual number My only reason for objecting is, that the should be printed in te present form, and precedent shall not be established, giving that the book slhll be published in brevier an opportunity for persontl display. type, as the present form will make a voltr. SKI~NER-I am not only in favor e of an unwieldly size. he expense of printing the report. but am in favor ot will be partly saved by compressing it in printing a larger number. It is probably a small type. What the difference will be the most important measure that will come doll d cent I d not know, but it before this Convention. I hope it will be mteia. A large aount will not be very material. A large amount printed, as I should like to send some to will be saved in paper; the paper which is my constituents. I move, therefore, that used is rather costly. Therefore, it was 800 copies be printed. proposed that the committee upon printing Mr. FERALI(CSK-I would like to know h have it printed in the form ant manner that what would be the number printed in the they may deem expedient. We ask that ordinary maner. the Convention may give this power to the Mr. GARDINER-Four hundred and committee or take some definite action, as ~e~i~~ghb~ty. L, I am sensible it ought to be changed. Mr. COOK moved that it be laid upon bThe book will be placed in the archives of tle table in order to be printed. the State, and in every town in e:ch counMr. CHURCH withdrew his motion. ty, and I think it ought to be a volume of On motion of Mr. SKINNER, double a more respectable appearance than in the the usual number of copies of the accom- present form, and I think that a few dolpanying report were ordered printed. lars will be well saved by printing a better RESOLUTIONS. p On motion of Mr. ROBERTS, resoltion as caried The resolution was carried. Res:lved, That the commrittee on printing be instructed to direct the State Print- n onf Mr LELLAND, er to print the debates of this Convention Convention resolved itself into committee in such form and on such type as they of te whole and resumed he consideraay deem prudenttand serviceable. tion of "Article -. Legislative Departmay deem prudent and serviceable.t Mr. ROBERTSON ouald like to know ment," Mr. WELLS i the chair. he object, Section 17 was read. 6a The member 141 of the legislature shall receive for their matter was of any importance the conservices three dollars a. day for actual stituents would be glad to receive it and attendance, unless absent from sickness, for pay the postage, and not compel the State the first sixty days of the session of 1851, to pay; thus granting a privilege to 50 and for the first forty days of every subse- persons, that you do not to the 950. quent session and nothing more. When think this franking privilege wrong in convened in extra session by the Governor, principle..You have a journal or other they shall receive three dollars a day for legislative matter to send; you don't send the first twenty days, and no more, and to your whole constituency, but to some shall legislate on no other subjects than particular friend;-obliging a few at the those expressly stated in the Governor's expense of the many. That is the efproclamation. They shall also receive ten feet of the practice which has recently obcents for every mile they shall actu- talned. Was there any complaint under ally travel in going to or retuIning from the old rule? their place of meeting, on the usually trav- A MEMBER-What was the reason that eled route; and for stationery and newspa- the new rule as established? pers not exceeding fivedollars for each member during any session. Mr. McCLELLAND-I cannot tell. No member during any session. Mr. BRITAIN moved to amend as fol- man has given a good reason for it. To lows: -show the difference, I will give some staAdd to section 7lr the words: "tEach titics: In 1843 under the old rule to pay member of the legislature shall be entitled the poste o m e matter received to one copy of the laws, journals and doc- but not for matter sent, the whole amount uments of the legislature of which he was of postage paid, was 8247 67. In I849, a member; but the legisature shall not at under the new rule the postage bill was the expense of the State, provide for its $2,168 70; and in 1850 it was $1,840 43. members books, newspapers and other per- I ask the members if it is right that, for quisites of office not expressly authorized the benefit of 50 or 60 out of 1,000, you by this constitution." should compel your constituents to pay a -Which amendm-lent was concurred in. ttax like this? If you give this franking See. 18. The legislature may provide privilege, I defy the legislature to throw by law for the payment of all mailable mat- guards around it so as to prevent frauds ter.received by the members, Lieutenant I have been told that it has been the pracGovernor andtSpeaker, but not for any e Governor and Speaker, but not for any tice of members of the legislature as it sent or mailed by them. has been the practice of members of ConMr. BEARDSLEY moved to amend gress, to frank matter that did not come section 18 by inserting after "matter," in within the intent and meaning of the law; the first line, the words, "sent and," and and I appeal to an post masters here preby striking out, in the last line. the words, sent, to say if such frauds can be easily.'but not for any sent or mailed by them." detected. Mr. B. said by ret ining the section as it Mr. BEARDSLEY-It appears to me stands, we shall deprive our constituents of that if the doctrine laid down by the 18th privileges, not the members. section is carried out, it will deprive the Mr. McCLELLAND-I would say that constituents of their privilege. The gen-e the object of the committee wis to prevent tleman from Monroe says that not more the practice that the gentleman who last than 50 persons will receive the documents spoke is in favor of. This is a practice that out of 1000. That may be so; but those has grown up within a few years past, un- 5( documents may be presented in such a til the postage bill has been increased to an way that all the constituents may read enormous amount. The committee thought them. Fraud may have been practiced; it was not proper for the State to pay for but it appears to me that it can easily be matter sent by members' to their constitu- prevented. The post masters can examine ents, for the reason that, as a general thing, e documents, and it can easily be told members would not be able to send any whether the parcel is such as is allowed legislative matter to more than 50 out of by law. I am speaking merely for the 1,000 of their constituents, That if the sake of the constituents. If we carry out -36 the doctrine, it will give the legislature a Mr. BIUSH-The gentleman from Mon^ pretext for hiding their actions. roe said that there was a great diiference They many say, we cantnot present you between the expense of the postage beour proceedings because the State will not tween the years i 843 and 1849. 1 am in pay the postage, and we cannot afford it favor of thel provision of the committee as ourselves. Ad thus the legislature many it now stands; but I wish to explain how hide their proceedings from the people, and so great a difference came to exist. In a greal deal of injury ensue. 1843 any journal mii'ht be sent without With regard to letters, of course frauds pre-payment of post;ge-under the present may be practiced, and my amendment law, no document can be sent unless.preprovides an exception being made as to let- paid, so that tlSe postage must fall upon ters sent. the member-thlt was the case in 1849. I merely wish constituents to have the The Legislature has been in the habit of privilege of receiving legislative documents, sending out documents, and under the old1 postage paid by the State. law thev had a right to send them, but by Mr. COiMSTOCK-I should wish this the present law they cannot go without provision to be retained, and I believe that they are pre-paid. nearly every member of this Convention Mr. COOK-I was a member of the will bear me out in my remark when I sty legislature in the year 1848. A good mnathat the matter sent is nearly useless. The ny members were opposed to it. My journlls contain no intelligible or certain vote is recorded against it. It is better to information. as amended and changed in the h ve a provision of this kindl and I should progress of our proceedings, and what do be glad to see it adopted( here, although our constituents know of the fintl result of the Convention have thought otherwise. measures from thejournals sent; and with- The reason why this was passed was, that out the articles and all the journals, wheat Congress had altered the law, that no docconnection is there, and how can they under- unent should be sent except pre~paid, prostand them? hibiting therebv the practice whliich hd It is our duty to guard against all cx- been adopted before, allowing the mempense, even if it is a small amount; it is bers to send them and the constituents to our duty to guard the treasury. and this pay. Under the circumstances, the memmatter has grown to be such an abuse that bers not being willing, probably not able it ought to be stopped. to pay all the postage. it was thought.,best I shall be in favor of extending this pri- by the majority to send some at the exvilege with regard to this Convention; but pense of the State. I eonsider the sending the journal as mere- Mr. VAN VALKENBURGH proposed ly complimentary. What we send to-day to amend-' ex(ept the documents ot said may be altered to-morrow; hence, it is legislature." Our duty to our constitunearly useless. ents dem ands this at our hands; it is a Mr. REDFIELD —I am in favor of re- practice that has been followed for a numstricting the franking privilege. The ber of years and they expect it,rom us. amount of the poAtage has been shown, They have a right to know what their serand the privilege is confined to a very few vants are about, while we are here in the. who receive but little benefit from the oc- capaciry of legislators. Shall we shut them casional numbers sent. They are sent ir- out? Shall we not let them look at our regul rly; they contain nothing that gives proceedings, and are we not in effect (oan iile of the chdin of business. If cut in,- it when we say to the members, you off entirely, the communiiy woul:l be bet- shill have no power to frank documents to ter off, the public journals woull be bet- them? I am in favor of radical rtform, ter. supported; many would become sub- and I would begin at home. I would rescribers to a public p per instead of de- duce the pay of members to less than pending upon tin occasionl document. three dolla:rs per d(ay; but I would not They woull then come in possession of shut out from our consiituents all knowlsomethin. tangible. Thousands woul 1 -o edle of our lrinsaciions. Is it just; is it this an.t then lay themn away as papers of right? Will they not, say that we are libereference, and I wish that the franking ral only when our own interests are conprivilege might be entirely abolished. 143 cerned; that we are in favor of continuing business to see all the evils resulting from the highest per diem allowance while we, it. I do not propose to speak of the evils deprive our coastituents of the pittance ot to which tie attention of the conmmittee a journal. It has been s;iid that but a few has already been called, but will allude to ot our constituents obtain the benefit o( some of them, to which the attention of these, documents. How can that be? b We die Convention has not been called. scatter llese documents through tle coon- If you authorize the sencding of journals try. They are read by the whole neigll- and documents at public expenls-e, every borhood-they are read with avidity. inan will,;s he has a riight to, expect them Tlhey desire to know what their servants sent to him; and yet, it a memebr devote are about, and it appears to me that only his entire time to it, he could reach but a those who are are afraid of retribuj.ie few ot his constituenis; and the fir[t man justice which will follow them, are in favor he meets on his return home may be a ne~ of this shlttting out their proceedings from giected one, who may say with truth and the public eye. I hope that this will pre- with a significancy which few members vail. I hope that we shall show ourselves can misunderstand, "Why, I have not to our constituents in a proper light; that heard from you during the session!" Such we shall not be afraid to have them look persons feel themselves aggrieved and neinto our conduct. glected, and well they may; for how can It was said by one gentleman that he the legislature be justified while taking should be glad to have the eyes of the money from the pockets of one portion of whole State upon us. I should be glad to their constituency to pay for printing and have the eyes of every constituent upon sending journals and documents to anoththe legislature, to restrain them in those er portion of them? wanderings which legislators are sometimes But the expense of printing and of postguilty of. I hope it will prevail. age on these unequally distributed favors Mr. S. C LARiK think there is some is not all. It requires the time of the memmistake. I wish if there are any post- bers here, which ought to be devoted to masters here they would state how the public business; and the noise, rattling and matter is; but, as I understand it, news- confusion unavoidably occasioned by the papers only must be pre-paid; not public folding, enveloping and superscribing of documents. But whether so or not, I am these documents, often render it difficult opposed to the amendment. The docu- and sometimes impossible formembers to ments that we send out are mere trash, hear amendments proposed, or even made which those who receive them will not to bills-draws the attention of members read. I do think that we should incur no from the legitimate business of the house, unnecessary expense, and that the practice and brings them to vote upon questions to should not be allowed. which they have paid no attention, and Mr. CRARY-The arguments of the thus not only renders the legislature an gentleman from Oakland [Mr. VAN VALK- inefficient body, but its legislation even ENBURGHI seem to be that we are afraid of dangerous. our constituents. I should like to know Nor is this picture at all exaggerated-it how any expression can be obtained in a has been so heretofore-it will be so heresession of forty days. It is not likely that after. so long as the process of folding, our constituents will get much light until enveloping and superscription of these docthe end of tle session, at which time they uments is permitted during the business can get full information in a proper man- hours of the respective houses. ner and in a proper form. I now wish to ask the Convention, if Mr. BRITAIN sai.l-Mr. Pre-ident, the there is any necessity for continuing this evils of this practice of printing and send- unjust and expensive system? Is there no ing the journals and documents by mem- other w.,y in which legislative proceedings bers of the legislature to a few of their can reach;he people upon more equitable constituents, at the expense of the State, terms; and if so, are we not morally bound are too numerous to be perceived at a sin- to provide it? gle glance. A person must be intimately If the Convention will permit me to tresacquainted with the details of legislative pass a few moments longer u.pon their time, 144 I will point out a much better way in which statement of the expenses that have been I think legislative proceedings can be fur- incurred for postage by this Convention. nished to the people. Require your State I suppose that the expense has already Printer to furnish by mail to the publish- amounted to twohundred dollars;; and what ers of every newspaper in the State, co- for? For the journals, &c., useless to the pies of the documents, bills and daily people, that you see thrown upon your floor journals printed by him for the State; before your clerk. And unless you take these publishers could publish said pro- steps to prevent it, it will he productive of ceedings as cheaply as any other reading much mischief. To prevent this, I was in matter, and would of course publish them favor of allowing each member more whenever desired by public sentiment. than three dollars to arrange his postage The public having their attention directed matters, as well as the itationery he would to the subject, would at once perceive that require. Members should not have the every subscriber for a newsp per could be State pay these expenses. Let members furnished with legislative proceedings pay it themselves, and don't let it be without any inconvenience or additional charged to the State. If five dollars are expense to himself, and would at once de- not enough, let us give them ten dollars; mand it. In this way you would not only but let us fix the amount. If in one sessecure increased patronage to the publish- sion of the Legislature nearly two thousand ers, by rendering their columns more inter- dollars were spent for postage, six or esting to the reading public, but ty the ex- seven hundred will be spent by this Coapenditure of the small sum of from one dol- vention. lar and a half to two dollars per day, du- Mr. HASCALL-These legislative doering the session, for piinting and postage, uments are scattered all over the country you save the time of your members of the indiscriminately. Men frequently receive legislature, remove one great cause of four or five copies of documents and journoise and confusion from each house, leave nals of the same kind and the same date, the undivided attention of members for all pre-p id by the State, and only one of their legislative business, and save the which can be of any possible use to the State from an expenditure of from three receiver; thus, absolutely throwing away to four thousand dollars annually for print- the money of the people, without any subing and postage, and that, too, from being stantial benefit therefrom. drawn from the pockets of all the people I recollect, during the last session of the for the purpose of sending now and then a legislature in Detroit, being the publisher document or journal, to but a small portion of a newspaper, of receiving some half a of the people; and I trust that this Con- dozen or more of the journals of each vention will at once and forever put an house, of the same date, from various end to a practice so impolitic in its expen- members and Senators, with three cents diture and so unjust in its operation. postage paid on each. All, but one copy Mr. J. CLARK-I have had the honor of each, were absolutely worthless to me, and the pleasure of being a post-master, and were destroyed as waste paper. This and I would state to the Convention that is the experience of every publisher in the the law of Congress gives post-masters State. and legislative bodies certain privileges. As these documents can, at best, be reAll public documents are permitted to pass ceived but by a few persons. they can furthrough the post-office without being pre- nish no general information. Therefore, paid. Therefore I am opposed to the it is unjust to tax those who do not receive amendment of the gentleman from Eaton. them, and require them to pay for what is It seems to me that the Convention must enjoyed by others. see the necessity of putting a check upon Again, the system is unjust to newspathe expenditure of the Legislature in fu- per publishers, whose papers ought to be ture, if they intend to be as lavish as they looked to as the source for legislative inhave been. foimation; and much more pains would Another point, sir; if we continue the be taken by publishers to give full and acsystem that we ourselves are pursuing, we curate accounts, were they not forestalled shall be ashamed to return home with a by this indiscrimate distribution of jour 145 ncals, &c., throughout the country. The pie at large are not benefited by it, and matter should be corrected, and much use- would remonstrate against it. I urge that less printing will be saved thereby. Let those who are really in favor of reducing us set: the example here, with the hope expenses, now come up to the scratch, and that it will be followed by the legislature. say that they will save money by reducing Mr. BAGG said: Mr. Chairman, I per- the number of those journals. I will go fectly agree with the various- gentlemen in favor of abolishing all that is extra in who have preceded me in this. debate, these journals... I don't believe that, -exin regard to.the journals sent daily from cept to know what A. B. and C. said upon this body, particularly with the gentleman some little subject, it will effect any good. from Berrien.:One word with regard to I would rather go for printing 3,000 copies newspapers. Sir, for the last week I have of the whole proceedings, aid send them been so disgusted with the trash of matter, through the country; then we shall have in the form of newspapers upon our ta- something that will be laid upon the shelf bles, that I have read nothing but the for a reference; something that will be val deaths and marriages. While a majority uable for a future time. Then we shall of them, through the medium of their scrib- have the worth of our money; but by the blers or correspondents at this place, have present system, money is spent, and we get perverted the truth, and given a false col- nothing worth having. oring to the action of this body, of individ- Mr. VAN ALKBENBURGH-I would ual members on this floor; the other por- inform the gentleman that I apprehend the tion labor to puff up and sustain the most object is, that the matter may be distribuindolent, lazy and corrupt members, with- ted among our constituents, that they may out giving any credit to industrious meae- know what we are about. The gentleman bers, who are always laboring i>n commit- waits some heart' work. When we vote tee.or' are found in their seats in this hall. upon our per diem allowance we show our They give to our constituents and the world sincerity, and not when we refuse the prayany.thing butt the truth of the delibera- ers of our constituents for the pennies' of dionsof this body. Our constituents will a newspaper. remain in the dark on.these subjects, zntil The geutleman says that he is willing to they ieceive a correct copy of the debates lhave two or three thousand copies printed an proceedings of this body from the when the whole proceedings are finished. hands of our reporters. By analogy, the Would that save any expense? Would same results may be anticipated in our le- not his constituents be better satisfied to gislatures. Therefore, I hope the section learn his proceedings day by day? Would as reported by the committee, will remain not the eyes of the constituents be more without amendment. immediately Upon their representatives? Mr. CHAPEL-What I have to say, is The gentleman from Calhoun tells us that this: I am.one of those who believe that the members will hereafter come here for the publication and distribution of all these forty days, and that the' constituents will matters at the expense of the public, are not have time to send an expression to their wrong. It has been my fortune heretofore representatives; but sir, they will have'an to have been a constituent, and the public opportunity of keeping him at home, if men of my county have usually sent me they are dissatisfied with his vote. The documents. Some days I received a hum- object is to know whether they are prober; in three or four days I received anoth- perly represented, or are misrepresented, er lot. They are worthless. They cannot The people have called for reform. We bekept on file. They merelyfillup draw- have been sent here for the purpose of ers as waste paper. Whatis the object of making great reform. They desire to know laying upon our tables a dozen journals, what we are engaged about. They want and.paying the printers for printing, when to know whether members are willing to more than a single number is of no benefit vote for three dollars per day, and close to us? Yet men get up and say that the their purses and the treasury when the practice ought to be continued. Sir, it is question of a, few doeuments to give to the the practice of a few men to' haw and gee, people is presented. so as to try and make capital. The peo- Ir. N. PIERC'E — — As th gentleman 37.. 146 from Oakland is so desirous of reform, he undertook to show that he voted for $2 can pay the postage himself, out of his per day. My object is to state the facts, three dollars per diem, as he thinks two that I shall not be looked upon as endeadollars enough. Fifty cents per day would voring to injure Mr. Barrett. The first effect the purpose; he would then have a that we find about Mr. Barrett's vote, is in balance of fifty cents in his favor. If the the journal of the House, 1846, page 30, people of Oakland had been called upon to where in the case of a contested seat by pay this tax of $1,800, would they have Linus S. Gilbert, Mr. Barrett voted to voted so to have spent the money? give him two dollars per day. The quesWe are all engaged illn one object; yet tion the following day, January 10th, rewe may have different views to effect it. curring on the per diem allowance of He charges the Convention with being il- members, Mr. Barrett did vote to strike liberal; talks about the pennies. If he out three dollars; but on the final passage chooses to pay the pennies out of his own of the bill we find his name in favor of pocket, this Convention will have no objec- three dollars per day. Gentlemen may turn tion. I shall pay my postage myself, ra- to the 37th page, after he had voted to give ther than have it taxed to my constituents, Mr. Gilbert two dollars, and see when it which cannot be sent to one in ten. It is came to his own pocket, he voted for three impossible to send to one quarter of the dollars, and so the bill was passed. I people, and I think that the privilege of make these remarks to prevent myself making a tax of two or three thousand from being placed in a false position, and I dollars is wrong; and I hope that the re- tender my thanks to the Convention for port of the committee will be adopted, and the opportunity of an explanation. that it will be carried. Mr. VAN VALKENBURGH —In jusThe amendment of the gentleman from tice to myself, I feel bound to make an Oakland [Mr. VAN ALKENBURGH] was explanation, for I find that I am placed in lost. a delicate position. During the discussion The question was taken on the motion of yesterday, a friend handed me a copy of Mr. BEARDSLEY, and lost. the journal of'46. I barely looked at it; Mr. WOODMAN-Before the reading upon examining it more carefully I find of the next section, I ask to make an ex- that his previous votes were in favor of planation with regard to the proceedings two dollars per day, his. final vote was for of yesterday. three dollars per. day. He found that his Leave being granted, efforts were unavailing, and so he voted for Mr. WOODMAN said-When I made three dollars per day. So, my colleague the statement yesterday, and referred to is correct, I am correct, and Mr. Barrett is one of my, onstituents, I did it with no superlatively correct. unkindness to the gentleman, and with due Section 19. "'The President of the Sendeference to my friend and colleague. nate and the Speaker of the House of It was not made from the impulse of the Representatives shall, in virtue of their moment. I am intimately acquainted with offices, receive an additional compensation Mr. Barrett, and I did not wish to do him equal to one-third of the per diem allowinjustice. But, inasmuch as Mr. Barrett ance of the members; but the President has been quoted as authority; as my col- pro tempore of the Senate shall receive no league has said that he has been instruct- additional compensation except when the ed by the people of Oakland in favor of a Lieutenant Governor shall not be paid for reduction of the per diem allowance; and officiating as President of the Senate." upon further inquiry the instructions from Mr. HASCALL moved to strike out all the people of Oakland resolve themselves after " shall," in the first line, and insert intoaletter from Mr. Barrett, and as I know the following: "receive no additional the course which that gentleman has taken, compensation in virtue of their offices." I consider that it comes from a very ques- Mr. H. said-Their labors are not tionable source. I referred to his past vote more arduous; it may be said that they in tie legislature ot 1846; and after I had occupy a more dignified position; but I made the statement, Mr. VAN VALKEN- consider that the people of this State ought BUUGn procured a copy of the journals and not to pay for dignity. 147 -Mr. McCLELLAND-The pay of the ted, or during one year after the expiration presiding officers has been double the pay thereof." of the members; and while the committee On motion of Mr. McCLELLAND, thought that might be considered too much, The 7th line of section 20 was stricken yet they believed that some: additional out, and the following inserted after "eleccompensation might be proper. One rea- ted," in the sixth line: "and for one year son was, that the presiding officer has very thereafter." arduous duties to perform, that members Section 21 and 22 were read: generally know but little about. It is the Sec. 23. Every law shall embrace but duty of the presiding officer to see that one object, which shall be expressed in its the journals are made up properly; they title, and no public act shall take effector are always reviewed by the presiding offi- be in force until the expiration of ninety cl.r in.the morning, to see that they are days from the end of the session at which accurate and correct. To understand par- the same may be passed, unless in case of iiamentary law and the rules so as to pre- emergency, the legislature, by a two-thirds side with dignity and respectability over vote of each house, shall otherwise direct. such a body, requires much study, obser- Mr. BUSH moved to amend by striking vation and practice, and few have any out all before the word "which," and inknowledge of the time necessarily devoted sert "no law shall embrace more than one to this task. subject." The committee thought that a double Mr. B. said-I will briefly state my reaallowance was too much, so they adopted sons for the substitute. I think that "no" tepratice owas too Mucht, so tNeY adoptnd the practice of the State of New-York, and is in better taste-more in accordance with allowed him one-third more. It is well the language of our legislation. A subject enough, although I have no great objection maybe presented when the object is as to the amendmlent of the gentleman from far from it as the north is from the south. Kalamazoo. I want to have our Constitution so clear If, however, this section is stricken out, that i cannot be mistaken A man may make a pretext- an object may be the legislature may give a double allow- e etext bject may be ance to the Lieut. Governor and the Speak- pro, n te sjt a ve er. It is a question whether, under the different. The subject should always bear present constitution the legislature have a upon its face the object. I think that the right to give any extra compensation to language of the amendment is better.' 1- 1 1 It cannot be m nderstood, If it is, it is the presiding officer; but such has, I be- cannot e misunderstood. lieve, been the invariable practice, and doneso wickedly. i,,,.., r i.^,. X,~ Mr. CRARY-Suppose the legislature what the majority of a legislative body Mr. Y-Suppose the eislature *., ^.*n.f.~ should grant a charter for a railroad. A wish to do, they will usually do in somear fr a ra ad. wayr or other. great variety of subjects might be embraced, but the law has but one object. The The amendment was adopted. bill may refer to roads, the taking of lands; Section 20: and if the present substitute were adopted'No member of the legislature shall re- you would have to pass fifty different laws, ceive any civil appointment within this for it might embrace fifty different subjects. State, or to the Senate of the United States Mr. BUSH-Some subjects of legislafrom the Governor, the Governor and Se- tion may bring to our minds facts which it nate, from the legislature,or any other would be well to remember. I remember State authority, during the term for which a law which was passed authorizing a he shall have been elected, and all such company of men to grant policies of insuappointments and all votes given for any rance. The object of the legislature was such member for any such office or ap- the insurance of property. The object of pointment shall be void; nor shall any the company was to issue bills of creditmember of the legislature be interested, in fact to make a bank. I can enumerate either directly or indirectly, in any con- many that were carried out with an en-:tract with the State, or any county there- tirely different purport. The object of a of, authorized by any law passed during, law may be very different from its subject. the time for which he shall have been elec- If the amendment prevails, that the law 148 slhall not embrace more tlhan one subject, tion 23, line I, was amended by striking it will not be misunderstood, and I tlink, out "every,' and inserting "lno," and by i-nthe minds iof those who make the law, striking out "but," and inserting "more the language could not be so construed as than." supposed by the gentleman from Calhoun. Mr. BUSH moved to amend said secMr. J. D. PIERCE-I apprehend that tion by striking out "object," in first line, neither the clause nor the amendment will and inserting "subject," But the commitreach the object aimed at. In the bill tee refused to strike out. headed "appropriations," clauses may be On motion of Mr. RAYNALE; the made appropriating money for public pur- ds "n case of emergency;" in third *poses. The general subject is appropria- e o s, w s ti:on. Therefc i t h-s oteen reac hed line of section 23, were stricken out. ftion. Therefore it has not been readied by the report of the. committee or the On motion of Mr. MORRISON, the'amendment. - words "all the members elected to," were ~ Mr. GOODWIN-The constitution of inserted at the end of third line of section the State of Louisiana says: "Every law 23. passed by the legislature shall comprise Mr. HASCALL offered the following: but one object, and shall be embraced'by Amend section 25, 4th line, after the Itself " and I have been told that ques- word "security," by inserting as follows: tiQns have arisen as to the validity of the "for the performance thereof, in the mangeneral laws. ner following; with such other conditions Mr. BUSH —I think that it is necessa- as shall be prescribed by law: ry for me to go to school and commence a 1. All printed matter except bills and system of education of the English lan- resolutions shall be set solid, and as comguage. I ask any learned gentleman here, pact as the nature of the case will admit. to explain how we ought to express the 2. Bills and resolutions shall be done in subject of a law? The subject is the thing the usual manner, and the price of compotreated of; the object is the motive. sition shall be one-third that of solid matMr. WILLIAMS thought the gentle- ter. man from Ingham [Mr. BusH] entirely, 3. Blank pages or fractions of pages right. "Object," means the thing struck shall not be computed in the estimate of at-aimed at —the thing hit. "Subject," composition, and no charge except fo-i means the thing controlled —brought un- reading matter actually set shall be alder: —embraced. The subjectis one thing, lowed. the object another. Object embraces the 4. No division of sheets or multiplicamotive and design, aid oftentimes both the tion of signatures shall be permitted for the promoters and makers of laws have a very increasing of press work; and only the different object from what the title would smallest amount of press work of which the propose. He believed that "'subject" was nature of the particular kind of work is the miost definite and least liable to mis- capable, shall be allowed. consruction, and conveyed -the mneaning 5. All printed matter called for by the which the chairman of the committee in- legislature shall be ordered by the token, tended-to convey. Mr. HASCALL said, that the object of Mr.:BAGG suggested to amend byinsert- this amendment was, that:when a.man ening, "nor shall embrace more than one tered into a contract with the State, to do'object in the same subject.' the public printing, he should tnderstand Mri.'CRARY —If the proposition of the the manner in whiclithe work was to be gentlemai from Ingham is carried into ef- executed, in order that he might regulate feet, no future legislature can consolidate his bid accordingly; and that he might our laws. If the legislature order a revi- conform to some specified standard. in do. sion, it will be utterly impossible for ing his work, and in making up his acthemto have it. The object is revision,' counts therefor. The want of such spebut each'law would have to be revised cific provisions heretofore had left the by itself. door open for that wholesale system of The amenedment was lost. - plunder which had been practiced by our On motion of. Mre M LELLA ND, sec- printers to the State since its organisatiom, 149 By this amendment it is proposed ill a havie a rule by which they are entitled to great measure to prevent this hereafter. count blank.pages, when publishing' The first clause provides that all printed book, and where these pages are of rare matter except bills and resolutions shall be occurrence; but I contend that it is altoset solid. The object of this provision is gether too liberal a construction of -the to prevent the matter from being "leaded," rule, to count these blank pages in our in printer's phrase —that is, that a thin journals, which are printed cdaily, and con-. strip of lead be put between te lines, in tain as much or mor1 e blank paper tthan order to swell the matter out and make printed matter. I believe no disinterested more "thousandls," by which the printer printer in the world would sanction this, gets pay for an extra quantity of matter. I therefore propose to so alter the license A frequent effect of this "leading," as of printers as to take away this privilege members will see by reference to our jour- entirely, which when exercised justly and nals, is to swell out what, if solid, would in the true spirit of its intent, does not make but one page, and by that means much benefit the printer-and to say to make a firaction of another page. By the contractor, if he thinks this is going printer's rules this fraction of a page, too far, he must increase his bid, before although there be no more.than two lines takling his contract, with reference to the upon it, counts just as much as if covered prohibition. In no other way can this with solid reading matter; and I believe tremendous flood gate to the treasury be with our State printers the license is car- shut down. ried so far as to make the entire blank The fourth clause provides "that no pages of our journals count, whether there division of sheets or multiplication of sigbe any reading matter on them or not. natures shall be permitted for the increasHence they frequently get more pay for ing of presswork; and only the smallest blank, than for printed matter. By the amount of presswork of which the nature amendment every: thousand ems charged of each particular kind of work is capable to the State must be for actual reading shall be allowed." The object of this is matter set. Bills and resolutions are ex- to prevent a practice which has prevailed cepted by this clause, and are not required among our State printers, of so dividing:to be set solid. You will perceive that their sheets and arranging their matter in the lines are set much wider apart in. these the forms, as to create what is called con. than in our journals. Thick strips of structive presswork; by which double the wood, called reglets, are placed between actual amount of presswork done is charged the lines, in order to allow the insertion of for; thus securing for themselves twice amendments. By the second clause, I the amount of compensation contemplated propose to.allow one-third the price of by the officers of the State when entering -solid matter, for their composition; al- into the contract. though there is not probably over one- The fifth proposition is that "all printed quarter the amount of matter in them matter called for by the legislature shall,that. there would be if solid, yet it re- be ordered by the token." A token it quires some labor to insert the reglets, 240 sheets, and only pay therefor can be To prevent charges against the State for charged; whereas, if 300 sheets were ore.the immense. number of blank pages, dered, 480 would be charged for in consewhich we every year see on our legislative quence of the fraction over one tokenjournals, and which, on -an average, that is, two tokens would be charged for, equals, if they do notexceed the amount of It is further proposed that the contractor9 actual matter set, I propose that no blank when he presents his account to the State pages or fractions of pages shall be charged for payment, shall make an affidavit that for. I venture to say that the State, as the work was performed and his charges far as journals, bills and resolutions are made in accordance with the conditions of concerned, has paid much more for blanks his contract; into which the restrictions which have been counted as reading mat- proposed by this amendment will enter, ter, than for reading matter itself. It is My reasons for the whole action I have true -that this clause comes in conflict with taken are, that those whose duty it may the general custom of printers. They be to contract with printers, may not be ],3 1:50i deceived by an ignorance of their usages, Mr. WHITE moved to adjourn; but the and suffer themselves or the State to be motion did not prevail. imposed upon. Our past experience ad- Mr. J. D. PIERCE moved to lay the remonishes us that these guards are neces- solution of Mr. HANSCOM on the table, sary; for no one evil has been more ex- which was lost. pensive and grievous to the State, than The substitute offered by Mr. STOREY the advantages which have been talken by was not adopted. our public printers. By private individu- The question recurring on the adoption als these licenses of the printers would of the first resolution, the same prevailed, not -be suffered without legal resistance. yeas 81, nays 2. But on the part: of the State, they have The second resolution being under conbeen tolerated, because the burdens have sideration, the same was adopted. been borne by the people at large, and no On motion of Mr. MORRISON, one man has thought it his duty to make The Convention adjourned, any resistance. Another great good that will result by the adoption of this amend- Afternoon Session. ment, will be that it will improve the The Convention was called to order by character of the work; inasmuch as these the PRESIDENT. efforts of the printers to swell it out by Mr. ROBERTS offered the following, leading, &c., will be prevented. It seems which was not adopted: to.me these objects are so important that Resolved, That the committee on supthey should be provided for in the Consti- plies be instructed to direct the carpet on tution, in order that it may be impossible the floor of this Hall to be removed, and for the legislature to be controlled by par- such arrangements made as they may ty or corrupt considerations, and at some deem conducive to health. future time break down the barriers here On motion of Mr. ROBERTS, interposed between avarice and the treas- Resolved, That the resolution authoriury. zing subscription for newspapers, equal to Pending the question, two daily papers, be and the same is hereOn motion of Mr. GARDINER; by rescinded, and the post master be reThe committee rose, reported progress, quested to give notice to publishers to that and asked leave to again. Leave was effect. granted. On motion of Mr. McCLELLAND, Mr. HASCOM offered the following he Convention resolved itself into coni Mres.olutionsCOM o t w mittee of the whole on "Article -, Legislaresolutions: Resolved, That from and after this day, tive Department," Mr. WELLS in the chair. the post master of this village be not au- e question being on Mr. HAsaLL's thorized to charge to the Convention or aiendment, State any postage on any mailable matter Mr ROERTS offered the following sent or mailed by members or officers of sustitte or section 2: le t the Convention, and that the Secretary sno- A state P t er sh a be elected at the tify the post master accordingly. same time as State officers are to be chosen, Resolved, That from and after this date, and hold his office for a like period. He there be printed for the use of the Conven-shall bea pracical printer, andthe ces tion but 240 copies of the journal. to be paid him shall be fixed at forty cents Mr,~~~~ - r". S o d o g for the composition of every thousand ems, Mr. STOREY offered the following as a and forty cents pet ie token for press work. Whereas, The amount of Buncombe I am in favor [said Mr. R.] of the subthat has been expended by members of stitute from the fact, that in the several this Convention this morning, on the sub- States where they have tried the contract ject of postage, has cost the State more system; and in Congress as well, it has money than all the postage of members proved a failure. In the States of Newis likely to amount to; therefore, York and Indiana, I recollect particularly, Resolved, That the whole subject be they have been obliged to fall back upon dropped. the printer elected by the legislature or the 151 people. The trial that was given in this per, 1000 ems and 27 cents per white toState for a short time proved a failure. In ken. It has been heralded forth that the respect to the prices set forth, they are no people were making a great saving. The more.rthan reasonable, as can be ascertain- saving has been a few hundred dollars, ed by reference to any practical printer. wrung out of the printer, while members And- I am of the opinion that a practical were putting in their pockets thousands. printer is the most lit person to guard our The legislature struck at the printers in the printing, so that it will be properly done; dark, and hit the public purse a great. deal and I do it because I would guard that useful harder blow. fraternity against pettifoggers, pill pedlars I have nothing to say about the sys, and other quacks who. become connected tern proposed by the gentleman from Kalwith the public press. amazoo. He has let down the bars, and I Mr. GARDINER-I have trespassed shall walk in. I am opposed to his resobut little upon the time of this Convention, lution; for, notwithstanding all the guards, nor would I do so now, did I not feel a deep the door is still open, and it will be entered interest in the question before this Con- by whoever contracts for the State printing. vention. This is a question which ought He has told you that a blank page is paid to be settled, and settled in such a way and for by the State. So it is; and so is the manner, that there shall be no dodging; blank page upon the opposite side. Every that we should leave nothing for future journal is so charged, or it is not done aclegislatures to debate upon;losing time and cording to rule. It is a rule of the craft; spending money, and at length, after all and I very much doubt whether you can they do, or have done, get cheated at last. alter it at the present time, as it has been This question has been a bone of conten- a rule from time immemorial. But the tion from the earliest period of our exist- door is still open, and printers will take adence as a State, and even before that time. vantage of it to make up for the difference The debates, and time consumed upon it in the contract price. They will take advanhave cost this State over $100,000. And tage of inexperienced men, even although yet I can see by the movements of this they may be State officers, that will make Convention that they are totally in the up to him something equivalent to forty dark. After all the time and money spent, cents per one thousand ems, and forty cents few of us know but little about it. When per white token; and he must do this, or we were a Territory the printing was divi- he cannot live. Now, a member cannot go ded among the presses of Detroit. The into the country and get a pamphlet printlegislative council paid $1,25 for every 1000 ed for less than forty cents; and the reaems and $1,25 for every white token, and son that the State of Michigan gets it done no outcry was made, because every paper for less is, because the printer expects to received a slice. The legislative council make it up in some other way. I have exaftewards gave their printing to one press; amined none of the printing bills, but I paid them 63 cents per 1000 ems and 63 know this to be the fact-that he must cents per white token, and immediately get that amount to be able to live. every paper in the Territory was out I am in favor of the substitute of the upon them for being so basely cheated gentleman from Chippewa, with oneslight in the contract. From that time to this, modification. That the legislature shall it has been a bone of contention, until fix the compensation, and that it shall neiat last it is now reduced to 27 cents ther be increased or diminished during the per 1000 ems and 27 cents per white term for which he is elected, and that a token. And many say that it is not redu- fair compensation shall be paid; thus do-' ced-enough, while I hazard the assertion, ing away with the incentive to fraud. that if a printer does it.for less than 40 The contract system has failed. The cents each, he must purloin from the State printers have resigned their contracts;to make it up. No printer can do work that is, they have thrown in petitions to be for the State, or any other person, for less relieved from them. Now, to look at yourthan that sum and live by it. I appeal to own work, examine your own session laws, my brethren in this house if this is not the and see how the work is performed. Irefact. Yet the printing is done for 21 cents member some six years ago, when my -152 friend who is gone, had the printing at 17 expense of the excitement which is made. cents per 1,000 emls, a package of laws And I repeat, that I hope the Convention was received, which I wished should be will settle the matter by a fixed system, sent back to Detroit, as page after page and a fixed price. If the contract system could not be read; and you may depend is adopted, I believe that a few years will that, if under the contract system, it is ta- only elapse before we shall again be withken too low, but a few years will elapse out rudder or anchor. Therefore, I hope before it will be thrownl back, and the le- this Convention will settle this matter at gislature will spend thousands of dollars once and forever. in agitating the subject. Therefore, I want Mr. McCLELLAND —The committee it settled by this Convention. Let the le- endeavored to throw all the guards around gislature have but little to do but pass the it that they could; and if members will printers' bills and make appropriations. It see to it, they will find that it is better has a bad effect. The people have been protected than any other provision. The told you can get the printing done so and subject has been a good deal agitated, so; andc so you can, if the means to which sometimes by one party and sometimes I have alluded are resorted to; but I would by the other. I remember the first time ask if it is better so to do, when we con- the contract system was pressed upon the sider the frauds which must attend the legislature. I was in the legislature when contract system. It would pay the State the individual, to whom the gentleman firom of Muichigan to employ a practical printer Washtcnaw alludes, took the contract. He to audit the printer's accounts, if it cannot had not the means to do it well; and for be got at any other way. that reason the contract failed on his I am opposed to Mr. IHascall's resolu- hands. But I woluld ask has there been tions on another ground: He says that bills any one question more thoroughly discusand resolutions shall be clone in the usual sed and decided by the people than this manner, and one-third the compensation question of printing. For the last two or for the price of solid matter, shall be paid three years, I defy men to point out to me for them. Here is the door wide open. Who more than one or two of the public presses among you can discriminate or compare that were not in favor of the contract systhe solid or open matter? How is it to be tern. I will go further, and refer to the mieasured? How many thousands of ems conventions in the different counties-to are contained in the page? Are there five the convention at Jackson the last year. men here who can tell, except they are And I doubt whether there is a single repractical printers, or can tell any thing solution relating to the subject, that did about it? Printers do not often come into not shadow forth the principle contained a legislative hall. For many years there is in this section. not one to be found; and they are the only You have all the people, all the public men who can tell whether a bill is correct. presses, and both political parties in favor If the matter is not under the supervision of it. And can you hesitate? Is not our of a practical printer, the legislature is li- path clearly marked out, and ought we to able at every step to be imposed upon, swerve from it? and does get imposed upon. I believe that I have voted in the Legislature and i the State of Michigan have paid for hun- Congress to let the printing by contract, dreds of thousands of ems adcl tokens and was urged to do so by printers, and which ought not to have been charged for; never have regretted ny votes. It is said and these facts could readily be pointed the contracts are not performed, and that out. But, what is gone by and paid for, the prices are too low. But why do they it is idle to recall. take these contracts for a less price than But, sir, I do want that no more firauds they can afford? Because they can get shallbe committed upon the legislature and the Legislature and Congress to relieve upon the State. I want the deniagoguei- them, by not enforcing the terms of the cal spirits shut out, so that it shall not ex- contract, and generally granting aftewards cite the angry passions of the people. full compensation for what they had done Who foots the bill? The people-the tax under the contract. payers. They pay for the frauds and the I will refer to a well known case. The 153 printing of the Senate and House of Rep- the State has heretofore been so grievousresentatives was to be diminished some 20 ]y wronged and fleeced. Had the restricper cent. below the long established rates. tions which this amendment throws around That would have reduced the aggregate the public printer, been placed in the oriamount of printing some $50,000. On ginal constitution of this State, the people the very last night of the session, if I am would be to-day one hundred thousaitd not mistaken, the old price was restored, dollars better off. and the printers got for the printing every I have no objections to the price which farthing they would have received at the the gentleman from Chippewa [Mr. Rptosold rates. It has worked well, with one ERTS] prescribes. It is little enough if the exception in this State, and I believe if work is done honestly and well. The old there are any practical printers in the Leg- prices wer fifty cents per thousand for islature, guards can be thrown around it composition, and the same price per token so that frauds cannot be committed upon for presswork. MIodern facilities, howevthe authorities of the State. er, are so much improved, that these Entrust it to such men as the gentleman prices may be reduced to forty cents, a nd from Washtenaw, [Mr. GARDINER,] and the printer still stand on as good footing, the gentleman from Kalamazoo, [Mr. HAs- as under the old prices fifteen or twenty.CALL,] and the interests of the Statewould years ago. I agree with the gentleman be perfectly safe. from TWashtenaw, [Mr. GARDInER,] thalt Why cannot printing be let by contract at the prices which the present State Prinias well as anything else? The Legislature ter receives, he must steal to make a living. can see whether the work is done proper- But I do not believe in the principle; and ly; and if they would consult practical hence I wish to prescribe the manner in pinters, there would be no difficulty what- which the State work shall be done, andiever in ascertaining whether any deception let the contractor, when he makes his barhas been practiced. gain, look out that he puts his price at -You require bonds to be given by the such a notch that he can save himself by contractor, - and in ninety-nine cases out it. If he will insist on taking it under.of one hundred, if the contract is found price, he or his sureties must suffer the to be a hard one, the contractor comes consequences; but I do not wish to see forward and asks relief from the Legis- the State suffer, as heretofore, by the loose lature; and although sometimes delayed, and miserable style of printing. which our the relief has generally been granted. legislative journals and documents rhave Do as an individual would do-make him constantly exhibited. perform his contract. You might have some difficulty at first, but not afterwards. I know, sir, tht u at uman naure is wea. Mr. HASCALL-The amendment of I am not prepared to saythat if I should the gentleman from Chippewa, [Mr. ROB- ever arrive at the honorable station of.i5ERT,5,A merely contemplates a change in public printer to this State, which is not the s-etion under discussion, so that the probable, and should find the door open, the section ~nder discussion, so that the inviting me to the temptations which have public printer may be elected by the peo- vi me to e temptations h h surroun-ded those who have gone before,! ple, instead of establishing the contracturrounded those ho have gone before1 stem Thi does notat all intererewith should not imitate their example. Howthe amendment offered by me, prescribingever ha my be I am sueI should oe the manner in which the work shall be none the less hoest, fo be enc done, and regulating the mode of render- passed by the provisins of the proposed ing an account therefor to the State. It amendment; and I am willing t belive is for the Convention to determine which the same of others. do hope that the stem it ill adopt; but in either ase, I interests of the people may be consulted, system it will adept; but d that this amendment may he malytde an insist that my amendment ought to bend tht this andment ay be m sustained as a criterion by which the pub- unalterable part of the organic law of this lie printing shall hereafter be done, wheth- e er by contract, or by a State printer elect- Mr. CORNELL-The principle of leaved by the people. I have attempted to ing the public printing to contract, single strike at those prominent abuses by which districts and biennial sessions, were well 39 154 understood in public conventions through- men whose husbands shall be incapable of out.the country. selling the same.",Mr. ROBERTS-The gentleman from Mr. LOVELL moved to amiend he onroe hzaving spoken of pblic opinion, Ramendment by. striking out the words, I will merely say that I was a anember of witthe approbation of the judge of prothe State Convention at Jiackson, last year. hbtt, and was then in favor of the contract sys- Mr BRIT ATn sad-Mr.PresidePf, I tern, and remained so until convinced ol hope ie amncment onf thc gentleman fromn my error by the esperience of Indian loitia sill not be ade. The legislature Kentucky, Ohio, lNew York and Congre. hd it necossa'y'0 iss a large number of 1 understand also, that ic is about Wtotail in *liws at each sebsioul to enable such pirIsais oi. ons as are naimed in the amendment sent Illinois. ^M. N eik -rCL^ELL ^T T~ i~ ~nter~ii~sc to ti:e chair by me, to sell real estate; and Mr. McCLELLAND-It, is interwoven ith the const~itution.uch la s ha;e alwys contained the exprtess condition that the sale can only be Mr. ROBE'PTS-I mean thatt ohe con- m ^de with the approbation of the judge of tr-acto:s throw up their conattacts.. There probate. is as much propriety in this matter, as elect- These applications were made to the leing a Governor, Secretary of 6ia te o0 o0ier islaturie, b cause the meihod. of accomSIace officer. W hy no;. le bv cntct n the Pli.g thl s!yIe.'by appl3 ing to a court as ofce of Governor.ni ao 1her oa.te oilces ic provid.led, was too expensive. That upon the conin cisystcnm?'Bii, wh nyou.mt. ni a ount s of real estatei would be enfix t.he price an. I crec. a itaeO Pt tincr, therc itly;bso rbed in the process of applib isan, end. to all Iiher trouibe. Here rT cation ttlihe couurts under the provisions the..edia-orsof the public presses who have of existing Ilaws; anda the severaal legis!a een hertofore in favor o' l nt t ieiae cs of this. State }-blyve..therefore considsySriem. now in mfvor of this measure. We er tucrnselvs justifed for going into are not hlre to act up. n a mad doZ pri- thii kiad of locAl flegislation to relieve this eiple for.Buncombe, buo we e re to look to poyton of tie people. the future..,We mnoust look twenty or -fifty F isiv to reiieve the people from the ex" yearsd ahead, and Jook to. the best interests p'se of goingco tohe courts-for relikf, and of the people. I will not. occupy thei tme.' Se fionom e expense of this local of the committee; I am not well, and it' i This bil propomes to save the were, I never talk for Buncombe. oSe ftrom such e xptse by prohibiting the -- look upon the entire a.rtice ncw beoere ]e?:blate e from grantingsuch relief; while the commiitee, as nmade..p en masse of nothing is proposed by it to b done for limnbug geiy and Beanconmb sm. this numerous e.lass of petitioners. I hope A diviioa was called for,'an!i te sb- th Conventio n will attindtd to the interests..sti.ate wI-i lost. and rights of this class of our cii-zens, as'Mr..HHASCALL-I now renew my well as to those of the State. amendrmentt. i h iave said thus much of the merits -of A division was ngain called fcr, and thle the amendment proposed by myself, in'the.amendment carried with the Ifollowing ad- hope that t,,e Convention would not, withdition.: ouL due consideration, render it worthless'6., All accounts for public printing shall by the adoption of the amendment of the be-ce rtified by the contractor to be in ac- gentleman firom on tia, [LMr. LOVELL.] And cordance with the conditions of his con- now, M! r. President, I wish to say a few tract, and the same shall be -made under words in relation to the amendmnent propooath sed. The anend-ment proposes to strike Section 26 was stricken out. out from my proposition the words, "with Mr. BRIT AIN offered the followinn: the a.pprobation of the judge of probate." Add to section 27, as follows: "But t-he Why this gentleman offers this amendment legislature shall provide by law for a sira- I am at a loss to determine. Can it be pie and cheap method of selling, with the with a view to the improvement of my approbation of the judge of probate, the: proposition? It wouldbe no compliment,:real estate of minors, nd of married wo- to him to believe it; and yet I am hardly 155 willing to believe that he designs the des- ture of the power of passing a law givincg truction cf tie proposition by piece meal, authority to the courts, for the object is to and leave these meritorioius applicants to prevent the legi -ature fioi going into this the slow and expensive process of youir kina of legislalon. Your legislature have courts. Is there any better person in thei been m hni imposd upon. Your laws.now county thanthe ju:lge of hprobae oto. super- a er. lioberal wInh re'rd l.o this same subintend the sile of the real esta.te of mi- jecU Your corun hve now, I presume, nors? His whole time i s deuvoled to the all the pow:r'will'':.rd'to minors eand in settlement of estates. Who can know morie reard to m.riied women, that most men about the interests of inors tha- thi e p ili: e they should possess. But if they judge of probate? But tie gentleman have not, t tno e Ie:i1atuoe give them does not propose to inseit any oi her per" more power, by ta ogentral law. son as a guardian of the ri ghs of.the mi- B t I ar, ()opse to itie amendment, as nor. Does he propose to h v e this -ale Iw.e do not know that we shall haive a judge take-place widthoat proviin te',rdlin- of probtate at aill. The legislature might ship of any one?'nd if any one, Iho st:e it to xgiv- it to some other court. My would be as well qualifield as the ju dge opinion i;, thab it, i best to leave the the mtof probate? If you strike outas propo:e, I ter to te lebi-ature. DDprivi them of theby the gentleman, you leave the rihtls power of passing any piricul act, but and interests of these applicants injeoar- not oef t-P pWi.x o matkin a.geinerld la, dy; and the proposition, if it ever became CMr. ROUSE —When - ip-trested pera law, would be with (danger to those sons c-n' get. a ju:gi of probate to sanlwhom it is my design to aid. Threl aime - i ion teir wishe --— o peI-nit a sale-they ment may not meet the views of tihe Con- come to the le i:i,turei. an importune ia vention, but 1I have otecred iin g'oo faid I, o ni itte untnl their ends are aconllish and tor the accomplishment of in inmpo- e, to the grea t injury of heirs and mitant object, andi truist it will not be rejeCL- no'rse I a'zn, tierefore, opposed to the ed without good cause can be shown ifo amendrt'n-c. of tle gcnlltman from B erien, its rejection,.?M. B R i'JA>I -Mr. Proesdlni: I am Mr. LOVELL —The Conventcion will do Inot ye able to ~ilf I any ar gument agia nst as they think proper, as I have no feel- tie p:opuosui oni, in all Lihat hias been sail in on the subject. I believe, owever inst i lhat it is improper to legislate here fir prt- T'hie curts h',ve been open to the peovate individuals, to enable t-hemi to sell real pit Why:h,ve not the people availed estate. I believe that there sliould be the-mselves of their beneiiis? Because law of the ianii to do away wiih the ne- I2e (xprna-: ~,s too greait,,.and the. genercessity, and then the in lividuals miihii! cornplaint i?, tit it woulld take all make application to their own courtts. ie. property tiht ltminiors hadl. Many persons are in the habit of corn We hlavi the interests of tle-se persons ing to the legislature for the puirpose of in ou r!h' ping, and we mi y be assured avoiding expense. Great complaints ar hat the pubiic will alwvays regard these made of the time thart the legislature sit- interests wit cIre, and I think the interest from year to year, acting upon local sub-;af. under my propo'tion, for I have nevjects. eIr rknown relief -,,ranted by the legislature, Our phraseology should be the asser- txtept nder the supervision of the judgue tion of general principles. I am not here of probate; and ift hbas. so far as I am inas a legislator; and this conveys no fixeid obrmned, always wvorked well when approprinciple. So far from shedding li!.ht, it i ved by him. damage; for every surplus wor. intro But if the convention strike out "with duced in this constitution needs some oh:bi, he ripprobation of the judge of probfte," word to explain it. where'shall we go for safety? As I have Mr. McILELLAND- -The object o' -i!ready aid, who i. better qutlified than the committee was to compel the legisla- he? His entire time i, devoted Lo.proture to p iss generr-l laws, g.iving- ahtrii\ i te x m *iir-ess; or at letist it ii expected to to the judge of probate, or somc oa.her be, and he certainly should be more catpacourt. This does not deprive the IegiIa- j ble than any person who has only an ov 156 casional case; and, Mr. President, he is mittee rise, report progress and ask leave the only proper person. to sit again. But the argument seems to run against But the committee refused to rise. the proposition itself. We are told that On motion of Mr. KINGSLEY, there is no necessity for my amendment, The words "or conveyance," was inserbecause the legislature will have the pow- ted in line one, after the word "sale." er to pass the general law without it; and Mr. RAYN ALE moved to strike out the the gentleman from Mlonroe, [Mr. MCCLEL- words "individual or individuals," and inLANrD,] instead of pointing out a new reme- sert "person," in the second line. dy to the people, from whom he takes On motion of Mr. McCLELLAND, away an old, and the existing remedy, The amendment was amended by insays not a word about it, but leaves them serting "person or persons." to obtain relief fromn courts, or to seek out Mr. RAYNALE'S amendment was then the way in which they can induce the leg- adopted. islature to pass a general law. I do not Mr. NEWBERRY offered the followwish to do so. If we take away from the ing as a substitute for section 28: people the safe, plain and simple method'The legislature shall have no power to of obtaining relief, I wish to place before appropriate money from the treasury to their eyes another way to obtain it, so that pay chaplains, or for any religious services they may say to their representatives, performed in either house." "w e expect you to pass this relief law before Mr. VAN YALKENBURGH-I trust, you return to your homes." Mr. Chairman, the committee will indulge MIr. CROUJSE-The gentleman says we me a few moments while I briefly examine take away the remedy. The people have the reasons urged by the opponents of this the remedy, and the expense is only from measure to its adoption. With some, the five to eight dollars, while an act of the appropriation of the public treasure for legislature costs $260. We are not rob- this purpose is considered unconstitutional, bing the people-we are only referring them and hence they oppose the mleasure. We back to the remedy. rejoice in their scrupulous regard for the Mr. BRITAIN-Mr. President: I have constitution, and commend them for it. To never known a sale accomplished through such. permit mie to say, as we are aboutf the courts for any such price. A single to tear down the old fabric and rebuild, let case may have been so obtained, where us so construct it as to do away, forever, the attorney charged nothing-where there this objection. Let us place this matter were but few heirs, and where there was not upon a firm basis, beyond the reach of much advertising. But the gentleman did cavil, that the conscientious scruples of funot say that it was a common price. But, ture legislatures may no longer deter them Mr. President, information I have ob- from doing what they would otherwise tained elsewhere, places these expenses consider a privilege and a duty. frequently at $25, and sometimes even A few are so provident of the public above that price. treasure-so tender of their tax paying But the gentleman firom Livingston an- constituents, that they would by no means nihilates us by the statement that an act appropriate the money of the dear people of the legislature costs g260. The last for this purpose. They tell us the people legislature passed 346 acts. Placing their are groaning under enormous taxes, and expenses at $50,000, each law would cost they are for reform. And can this measlS5. ure be baptised with the name of reform? Mr. LOVELL'S amendment was not a measure which carnies us back to the agreed to. dark ages. Let me remind such gentleOn motion of Mr. HANSCO M, men, "there is that withholdeth more than The words "a simple and cheap" were is meet, and it tendeth to poverty." The stricken from the amendment. silver and the gold are His, and the catThe question then recurring upon Mr. tie upon a thousand hills. He openeth BRITAUN's amendment, as amended, the His hand and we are filled. He giveth same was not adopted. us all things richly to enjoy; and shall we Mi. ROBERTISON moved thai the coin- refuse to acknowledge Him? Shall we 1b? withhold the small pittance He demands at We believe Hie is the giver of all our our hands? mercies; the sovereign Disposer of all Another class of objectors oppose us, events, the great God, "who hath measas they say, from principle. They do not ured- the waters in the hollow of His hand, believe in audible prayer. They pray and meted out the heavens wi'h a span; mentally-nay, they tell us they are good who hath weighed the mountains in scales christians-quite devotional. But this and the hills in a balance. Behold the praying right out, publicly aclnowledging nations are as a drop of the bucket, and our dependence-unitedly seekingwisdom are counted as the small dust of the from above-this is too Pharisaical; they balance; behold, IIe taketh up the isles as cannot-away with it. They forget the a very little thing, and hangs the earth upwords of the Savior, "'Whosoever there- on nothing; He poureth contempt upon fore shall confess me before men, him will princes and weakeneth the strength of the I confess also before my Father which is mighty; He increaseth the nations and in Heaven; but whosoever deuyeth-me destroyeth them; He enlargeth the nations before men, him will I also deny before and straigteneth them ag'ain." my Father which is in Heaven." We reverence Iis authortiy and would But there is still another class of object- obey His command to pray alway, with all ors, who urge with great pertinacity the prayer; mentally and vocally, on all occaabandonment of this practice. They say sions-when we enter on our private avowe compel them to listen to prayer in cations or on our public duties-alone and which they have no faith, and to which in our associated capacities-at home and they are utterly opposed. Were the pro- abroad-by the domestic fireside, and in positions assumed by these men true, did the legislative hall. we,compel them to listen to prayers which And what do the opponents of this meagrate so harshly on their ears, I should sure propose to do, sir? They propose to sympathise with them, and enter the list remove old and long established landin their favor; for upon this subject I am a marks, which have for all parties stood as latitudinarian; for giving the largest liberty beacon lights along our political pathway; to all for carrying out fully the provisions they propose to drive from our legislative of the Constitution. halls, a long cherished and time honored But how is this matter, sir? May not custom, which has thrown a sacred halo these men absent themselves from this hall around their deliberations, and dignified until our devotional exercises are ended? their proceedings. They propose to launch Are they compelled to listen to our devo- upon the broad sea of infidelity, and by tions? I think not. And how is it, sir, their conduct say, "no God." They proon the other hand? Have not the advo- pose to have the representatives of this cates of this measure just cause of com- free and enlightened commonwealth throw plaint? Are not we cut off from a duty off moral restraint, and enter upon their we consider desirable and obligatory upon duties without acknowledging God. And us? Where, then, is the injustice, and are we prepared to do it-will the delegates who the injured party? of this fair peninsula, of this enlightened We believe in the divine revelation-we State, in remodeling the organic law, throw believe there is a God above and around the reins upon the neck of unsanctified us, who has spread out the heavens above ambition, and minister to those elements us and garnished them; who governs in which have proved the ruin of all former the armies above and among the children republics? Shall we not be warned, sir, of men; who guides the destinies of states by the history of the past? Shall not the and of nations; who regards equally the ghos of departed days warn us? Will prince and the peasant, the rich and the not the fate of infatuated, infidel, revolupoor. tionary France admonish us? Shall we esWe believe we owe allegiance to Him; cape the vengeance of Almighty God? that He is entitled to the homage of our May we not expect to see our free instituhearts and. our lives; that we are bound tions prostrated-our republican form of to acknowledge Him in secret, in the social government demolished, and our streets circle and in the great congregation. deluged with blood? Are we prepared to 40 158 retrograde in this age of pronress and re- "Day uttered speech to day, and night to night form? Shall Mllichihgann, which has prourl- T'a'ht hloNledge. Silence had a tongue; the Iy led in many of the retf'ors of thle'The d ess anl the lollnc niht hlad each day, falter? hlacill she hesilale? Sh'll she A to.ionue that ever siid —P,::ln, ttlink,kf Gud! retrograde? No sir-no sir. A I look thi;k of tscchl! Ti hik t f eteriity! round upon this intellii'ent Atsserbly, I reacd 1'"a1 od, the, trheAtsle S3i(3;'eai Godi! the waves; the rea-dy rpesiiponns O-eEl*- r fe- t-i Smll t e lightnilig of tt'e storin replied; he ready response21o i -No0 Sr. Fear Goilt! deep loudlv answered back to deep." The progress of Michig-an is onwrl rd r 1 1 The prooreas of Idichira7n I: oa'v-d a~e ie told ii the word of' inspiratcion, and upward, destined to be aimonin thte firt s i. e Th tdr of the Lord is tlhe beginof the Confederacy; first in the beauty o o l isel tdo Le us tb e begilt her location; unequalled by any in tihe "in a o ad' anoe, oLet us be wise; Ietus world; first in the rich(ness of heer soil and it r ud; t1hnl h a ov( li let us teat to ly the verdure of her forests' f irst in minne-'*"th1es ^nds upo hi,3 instmtions- trnmole upon his ordinan es, ard provoke his ral. and intellectual wealth; holding a po- pl upon - s ordinancs, and provoke his sition in the councils of thle nations second ". T t, tleme ill reto no other State in the Union. No si flPt btore tiev cast tlteir voes for this Michigan is destined to progress;,. her at dmnt and thal t Vrll not prevail. The subject is one in which I, my concourse is onward. With L-wis CAss for le sbJ s one h, my her polar star-with her moral, intelle- sttuent and many members upon this tual and physical prowess, she is destined lo f eepiteest; subject in w} Iich the cti~z~,pns of this State have a vi.to stand at the head of this Confederacy, l te ct tls ate e l and lead in those great moral reforms tlitres rac n tme; nd I which are yet to redeem this world frorm upon gentle-meen to reflect betore they vote.! had, hoped, sir, my collewa'e [ Mr. NUw. the ruins of the fall, and reinvest it wilh 1 hl d Ilped, sir my colleague [Mr. Nrwall the beauty of Eden. And now, Mr. BERR wold ha;lVte cconlpae his moChairman, how stns t s tion with some reasons for this innovation Chairman,'how stands thliu m~atter, andy this departure from a long cherished, a who are the injured, the proscribed party, -thls departure fom a lonb cherished, a if this amendment prev-ails? Shall we,,ir, si enr, rated custom. I hoped he would have f this amendment prevails? Shall we,' told us why he considers it necessary to have the broad sealof infidelity upon 0ou told as h he considers t necesy to organic law, and by ourconduct saty there drive alh devotionld exercioes fom this is no God? Shall we no be in danco-r of ll. Wh7e should pourco advancing still another step- abrog'te l tl'e thil tle honore(l custom. The amendment of Mr. NEWBERtY was Sabbath-pronounce death an eteral. N Ra sleep, and the word of God a fable; and ple On motion of Mr. MeCLELAND, all thus at one fell swoop destroy all that is Oftnrtien of Mrr Mst LELI AN, all fair and rlovely, and of goo,:i reporL? 9 lafter 1 titl " in tllhe first line oft se(t1ion 29, fir and lovely, and tf good- report? was stricken out, and the followino insertTake aw.y moral resltraint, sir —remov( Wnd t those safeguards which hlave been kindly e'd thrown around society by the great law- b e t ction giver, and the language of the poet is or SirCto(s of the act amended, shall be vtruer published at lenotth." On rnotion of Mr. J. D. PIERCE, the "Mfan's greatest enemy is man." committee rose, reported prog-ress, and Remove these kindly influences, and the asked leave to sit again. hand of every man is against his brother. Leave was g'ranted. and this world becomes a scene of anairchy Mr. BUTTERFIELD offered the followand of blood; an AealdemaL; a field of ing resoluiion: blood, over which angels would weep, Re.souled That hereafter the afternoon could tears be shed in heaven. sessions of this Convention shall commence Let us remember, gentlemen of the at 2 o'cloe.k, until otherwise ordered. committee, we act for posterits; let us so Mr. WHITE movel lto strike out'two" act as to secure their benedictions, an'l not, and insert "three" in its stead. thei exeerations. Let us ponder the warn- Pending which, on motion of Mro i'g of the inamortal poet, uttered as he COO, the resolution was laid upon the looked back upon the votaries of time, table. axiousl]y struggling for its airy, phanttoms: Mr. CLHU- CH amoved to reconsider the resolution passed tis n relative o approved by a m y e votes cas the printing of debates, &c which ro- on that sublet aL s -ch ele ction. When fion, on moronr of Mir. HANiCOM, wa any' such bankinga law shall have been laid upon the table. passed an! been submitted to a vote of On mo:ion of i. Vr N VAN LKE- h he electors of the Srite, and shall have BURGH, the Convuntion adjourned. been rejeceld by them, then no firther blkingi laws.ha llbe passed for the next sucfc, e iin --- years 3. i! of-ie4'rs and stockholders of TLURSDAY, (i Gt/i fcy,) June 20.'verv corporaion oir associa.ion for bankThe Convention met pursuant to ad- ing purpo-:es, issuing bank notes- or any journment and %was called, to order by the' kin! of p-s-er redtis to eircildate as rmen PRESIDENT, eNy, T.is:!i be individually lible, as co-partPrayer the Rev. mr SA'c. ner i' tNFODo is neb of every kind. PETITIONS. 4 The l lature shall provide by law By Mr. MORRISO N of Ji.mes Russell fi r th regi:ry of aill bills or notes issued and 71 citizens of n alhoun county. prayi' or put in cimrtli'ion as mn-y, aond shall that a claue be nm-red ina the Consiit- requarc e ample security in St'-tte stocks on tion prohibiing' thle ire ture rom enaimct- in t, or c' he United. States, ing any law a ozig the sale of rdet fr th rn-demp1ion of such bills or notes spirit s as bev-rag'-,e. Also, of James i specie. Finch and 3l othmers of tle county of Cani- 5. in cast of Ihe insolvency of any houn for a like poibii on.. _e re d to b~:n. or bohanking- association, the bill-hold" the committee of Lithe,.:'hole. -e's theTreof shall be entiled to preference REp'Os,-i. in pi'men t, over all creditors, in such Mr. COOK, fi rom the comrnmitee on bank-or associ;tion. banking and otier corporations, xceLpt. TL'!gislature shall have no power municipal, reportejd back the following res- to pi is any 1iY sanctioning in any manner, oluttion, asking to be rdih ared f'iom its diyc, or indirectly, the, suspension of further consideration, and recommending''peie ipaymfn'ts by any pe-r8son, associasits. reference to t.'ie conmnittee on financec tion or corporation issuinn bank notes of and taxation: any description. Resolved, That'he commnittee- on i'ncor- 7. he sto khioldrs of all corporations porations be instructed to inquire into the and joint stock associations shall be indiexpediency of providing as follows: vidually responsible anor all debts contract,1. Th t the credit of the State shall not ed for labor perfoirmed for such corporabe loaned to any person or peraon. nor to tion or assoriation, any company or association, nor shall the 8. The legislature shall pass no bill alstfate ever be liable for the stock of any tering or amending any act of incorporacorporation whatever. tion heretofore granted, unless with the The committee was discharged and the assent of two-thirds of the members elect resolution so ref'erred. to each House; nor shall any act of incorMr. COOK, from the same committee, poration heretofore granted be renewed or reported extended. The provisions of this section Article -. incorporations. shaill not apply to municipal corporations. 1. Corporations mniy be formed under 90 The'State shall not become sulbscrigeneral laws.; but shall not be creeated by iber to the stock of any corporation or joint special act, except for mmunicipl pu poees. stock association, All laws passed pursuant to ti'ii section 10. The property of no individual shall may be altered from time to time, or re- be taken by any corporation, other than pealed. iulniicipal. for its own use, without corn-'2. No banking law or law for bankming pen atimn being first made or secured, in purposes shd1l have anyi force or ef-'uch moreuner as may be prescribed by feet until the s'me shall have been sub law. mitted to a vote of the electors of the 11 From and after the year 1880, the State, at some general election, ani been legislature shall have the power to alter or 160 repeal- the charters of all corporations such time and place as may be designated whose charters shall not have expired pre- by said court.:vious to that time; and no corporation Sec. 7. The supreme court shall have hereafter to be created shall ever endure power, by gencral rules, to establish, modifor a longer time than thirty years, except fy and amend the practice in said court those which are municipal. and in the circuit courts. Which was read a first and second time Sec. 8. The State shall be divided into by its title, referred to the committee of five judicial circuits; in each of which one the whole and ordered printed. circuit judge shall be elected by the qualiSundry resolutions referred to the same fled electors thereof, who shall hold his ofcommittee, were reported back, from the fice for the term of six years, and until his consideration of which they were dis- successor is elected and qualified. charged. Sec. 9. The legislature may alter the Mr. CRARY, from the committee on the limits of circuits or increase the number of judicial department, reported the following the same; but no increase thereof shall be article, which was read the first and sec- made except at the session of the legisla-ond time: ture first held after the apportionment of Article-. Judicial Departnmcnt. senators anl representatives provided-for Sec. 1. The judicial power is vested in in this constitution. No alteration or inone supreme court, in circuit courts, in crease shall have the effect to remove a probate courts, and in justices of the peace. judge- fiom office. In every additional Inferior lucal courts of civil and criminal circuit established, the judge shall be jurisdiction may be established by the leg- elected, and his term of office shall conislature in cities. tinue as provided in this Constitution for Sec. 2. The supreme court shall consist judges of the circuit court. of three judges, two of whom shall form Sec. 10. The circuit courts shall have a quorum, and the concurrence of two shall original jurisdiction in all matters civil and be necessary to every decision. A judge criminal not excepted in this Constitution, dissenting from a decision shall give the and not prohibited by law, and appellate reasons for such dissent, in writing, under jurisdiction from all inferior courts and trihis own signature. bunals, and a supervisory control of the Sec. 3. Thejudges of the supreme eourt same. They shall also have power to shall be elected by the qualified electors, issue writs of habeas corpus, mandamus, and shall hold their offices until their sue- injunction, quo;warranto, certiorari aind cessors are elected and qualified. other writs necessary to carry into effect Sec. 4. Of the judges of the supreme their orders, judgments and decrees, and court first elected, one shall hold his office give them a general control over inferior for two years, one for four years, and one courts and tribunals within their respecfor six years, to be determined by lot at tive jurisdictions. the first session of the court after their Sec. 11. Each of the judges of the:sielection. Thereafter the judge elected to preme and circuit courts shall receive a fill the office shall hold the same for the salary, payable quarterly. They shall rterm of six years. The judge having the ceive no fees or perquisites of office, or shortest time to serve shall be Chief Jus- other compensation; and shall hold-no othtice. er office of trust or profit during-the term Sec. 5. The supreme court shall have a for which they are elected, and for one general superintending control over all in- year thereafter. All votes for either of them ferior courts, and shall have power to issue for any office other than the one held by writs of error, habeas corpus, mandamus, them, given either by the legislature or the injunction, quo warranto, certiorari, and people, shall bevoid. other original and remedial writs, and to Sec. 12. The judges of the supreme court hear and determine the same. In all oth- may appoint a reporter of their decisions. er cases it shallhave appellate jurisdiction The judges of -the circuit courts within only. their respective jurisdiction, may fill vaSec. 6. The supreme court shall hold cancies in the office of county clerk and terms annually in each judicial circuit, at of prosecuting attorney. But no judge of 161 the supreme court or of a circuit court, Sec. 20. The legislature shall provide shall exercise any other power of appoint- for the speedy publicationr of all statute ment to public office. laws of a public nature, and of such judiSec. 13. A circuit court shall be held at cial decisions as it may deem expedient. least once in each year, in every county All laws and judicial decisions shall be organized for judicial purposes. In coun- free for publication by any person. ties having a population of -- inhabit- Sec. 21. There shall be four justices of ants, by the last preceding enumeration the peace in each organized township. provided for in this constitution, there shall They shall be elected by the qualified be held not less than three terms of such electors of the township, and shall hold court in each year. Judges of the circuit their offices for four years, and until their court may hold courts for each other, and successors are elected and qualified. They shall do so when required by law. shall have such criminal and civil jurisdic-. Sec. 14. The clerk of each county or- tion, and perform such duties as may be ganized for judicial purposes, shall be the prescribed by law. At their first election clerk of the circuit court of such county, in any township, they shall be classified and of the supreme court when held withy by law in such manner that one justice in the same. shall be elected annually in each township Sec. 15. Appeals and writs of error may thereafter. The legislature may increase be taken from the circuit court of any coun- the number of justices in cities. ty to the supreme court held in the circuit.,Sec. 22. Judges of the supreme court, which includes such county, or with the circuit judges and justices of the peace, consent of parties in the cause, to the su-aa i shall be conservators of the peace within preme court held in any other circuit. uisd s their respective jurisdictions. See. 16. In each of the counties organ iSec. 23. The first election of judges of zed for judicial purposes, there shall be a 23 he ect of judges court of probate. The judge of such court the supreme court, and judges of the cirshall be elected by the qualified electors of cult and probate court shall be held on the the county in which he resides, and shall first Monday in April, 1851; and every hold his office for four years, and until his two years thereafter an election shall be successor is elected and qualified. The j held for one judge of the supreme court, risdiction, powers and duties of such court nd every sixth year thereafter for judges of the circuit court, and every fourth year shall be prescribed, bylaw. Sec. 1!. When a vacancy occurs in the thereafter for judges of probate. Whenoffice of judge of the supreme court, cir-ever an additional circuit is created, such cuit court, or probate court, such vacancy provision may be made as to hold the subshall be filled by appointment of the gov- sequent election of such additional judge ernor, which shall continue until a su- at the regular elections herein provided. ernor, w ontinue, until a successor is elected and qualified; and when Sec. 24. The removal of t judge beelected, such successor shall hold his office yond the limits of the jurisdiction for the residue of the unexpired term. which he was elected; or of a justice of Sec. 18. The supreme court, the circuit the peace beyond the limits of the townand probate courts of each county, shall ship in which he was elected, shall vacate be courts of record, and shall each have a his office common seal. Sec. 25. The style of all process shall See. 19. The legislature may provide be: "In the name of the people of the by law for the election of one or more per- State of Michigan." All indictments shall sons in each organized county, who may conclude: "against the peace of the peobe vested with judicial powers,not exceed- ple of the State of Michigan." ing those of a judge of the circuit court at Mr. CRARY offered the following resochambers.. In counties having a popula. lution: tion of less than twenty thousand inhabit- Resolved. That the article on the judiants, by the last' preceding enumeration cial department be recommitted to the juprovided for inthis constitution, these pow- diciary committee with instructions that ers shall be devolved' upon the judge of such comnmittee so alter and modify theirl probate. report as to provide that the judges of the: 41; 162 cirjlct courts shall be judges of the su- Mr. McCLELLAND supposed the arpremc raeme courment had been proposed by the edMr. C. said there was much diversity of itors of the papers. Hehad not ordered opinion in regard to the judicial system to those sent to him, and he supposed the be established under the Constitution. The case was the same with other members. article which he had been instructed by the But (said Mr. McC.) if we receive them committee to report, went to establish one and say nothing to the Clerk, the presystem, favored, perhaps, by a majority of sumption is that we have ordered them. the Convention; but as it had not been If a paper comes to you through the mail, tested, he offered the resolution for the and you receive it, you are liable for the purpose of testing the question. If the payment. Convention ratify the principle reported, Mr. BRITAIN was opposed to the there will be nothing more to be done. If adoption of the first resolution authorizing they should not ratify it, the committee papers to be ordered, because it was a will have to go into further arrangements practice which future Legislatures should to perfect some other system. not be countenanced in doing. The editThe report and resolution were ordered ors had been here and had made interest to be printed and made the special order enough to get the resolution passed. He for Tuesday next. should not go for reconsideration, and did MOTIONS AND RESOLUTIONS. not expect to have any trouble with the Mr.. McCLELLAND moved that the publishers, as he should pay for the pavote by which the resolution offered by pers he received. Mr. ROBERTS, rescinding the resolution re- Mr. J. D. PIERCE-There is one thing lative to newspapers, &c., be reconsidered, in the resolution which ought to be amendwhich prevailed, and the question being ed. It imposes on the postmaster the duagain on its adoption, ty of notifying the publishers, which the Mr. McC. would state that if this course Convention had no right to do. had been adopted at the beginning of the Mr. ROBERTSON-It is the same nosession, he should have had no objection. tice which an individual would make to He did not vote for the resolution, but to the postmaster, and which postmasters rescind it now would create some confu- are directed by the general office to give sion. when required. He had understood the gentleman from The motion to reconsider prevailed. Oakland to say, that the editors in Detroit The question recurring on its adoption, offered to furnish the Convention with pa- Mr. ALVORD moved to lay the resopers and look to the next legislature for lution on the table. being paid. Lost. Mr. HANSCOM hoped the motion to Mr. J. CLARK moved to strike out reconsider would prevail. He had con- "postmaster" and insert"Secretary." suited with the editors of the Detroit pa- Mr. HANSCOM moved the indefinite pers, and they had made the proposition postponement of the matter. which the gentleman from Monroe had On which Mr. BRITAIN demanded the stated. That was all the agency he had ayes and noes, and the result was as folhadin the matter. No papers were or- lows: dered by the committee. YEAS-Messrs. W. Adams, Alvord, ArMr. S. CLARK understood that but zeno, Anderson, H. Bartow, J. Bartow, very few members bad availed themselves Beardsley, Alva.rado Brown, Burns, Bush, of the resolution relative to newspapers. uterfield, Carr, Chandler, Choate, He had not himself directed any papers Church, Conner, Crary, Crouse, Danforth, to be forwarded, yet members were re- Desnoyers, Eastman, Garder, Green, ceiving three Detroit papers'daily. Some- Hanscom, Iart, Harvey, Kingsley, Kinne, body, he supposed, should. pay for Lov Mrvin, lelland, McLeqd, Morthem He would ask what arrangements rison, Mosher, O'Brjen,. ID. Pier.e, Ray. ha4d been made. He did not believe one- nale, E, obinAon, Rix Ro binson Soul., fifth of the memrber had ordered those Storey, Suliv.an, $ut1erland, W bster, -paperis..'....it...., Whitemore-46. NAYS- Messrs. Axford, Bagg, Barnard, be equal to printing this book, the entire Britain, Ammont Brown, Asahel Brown, mattei, in a new form, and not under the Chapel, J. Clark, S. Clark, Comstock, eontract with the State Printer. The State Cook, Cornell, Daniels, Dimond, Eaton, Printer could not bring here type of that Edmunds, Fralick, Gibson, Grahami, Has- kind without additional expense, and concall, HathaWay, iixon, Leach, Lee, Moore, sequently would expect further remuneraMowry, Newberry, Orr, N. Pierce, Red- tion. field, Roberts, Robertson, Skinner, Stur- With reference to the unwieldy volume, gis, Town, Van Valkenburg, Wait, Wal- it is sufficient to say, in the present form ker, Warden, Wells, Williams, Willard, used by the State Printer, the debates will Woodman, President —44. not make a volume, in all probability, as Mr. BUTTERFIELD moved to take large as the volume of debates of the Confrom the table the motion of Mr. Church, vention of the State of New York. We offered yesterday, to reconsider the reso- have not in our debates occupied more than lution relative to printing the debates. six pages daily; but say our deliberations Which prevailed. shall cover eight pages, it will require 105 The question again recurring on its days to make a volume as large as that of adoption, New York; and no gentleman supposes we Mr. BUTTERFIELD said the motion of shall continue in Convention that time. his friend [Mr. CHURCH] was made for the The chairman of the committee must have purpose of giving an opportunity for mem- been mistaken as to the fact. The volbers of the Convention to express their ume would not be so unwieldy in its presviews on the resolution offered by Mr. ent type as that gentleman had represenROBERTS, and supported by the chairman ted. of the committee on printing, [Mr. GAR- One form is struck off and must be paid DINER.] He understood that resolution for; all we shall gain will be a little finer had been adopted without consideration, print, and perhaps some improvement in and that it contemplated different action the general execution of the volume. by the committee in relation to the print- This would not be a sufficient offset against ing and binding the debates from that the additional expense. le hoped the res-:which had previously been determined olution of yesterday would be rescinded, upon by the Convention. and the State Printer be allowed to go on The State Printer had proceeded under with the work. the direction of the Convention so far as Mr. CRARY said he found, by referto set up four forms, thirty-two pages; ence to a resolution of the fifth of June, two of those forms had been printed and that the Convention adopted and the corndelivered, and one of those forms had been mittee reported that this book should be -printed for binding. If he [Mr. B.] right- printed in octavo form, with burgeois type ly understood the statement of the chair- and a certain kind of paper. He believed man of the committee on printing, it was this was called the medium sheet. There this: that it was necessary that this resolu- were also, he understood, the royal octavo tioh should be adopted, that the debates and the imperial octavo. It appears this might be printed in smaller type; that is the medium sheet, a little shorter; it will with the type used at present, the debates make a book as wide but not as long as would make anunwieldy volume, and per- the full or regular sized medium sheet. haps two of them. If he had understood He wished for more information on the him correctly, there was no type here that subject. would be proper, as proposed or indicated Mr. STORY-It appears this is a short by the chairman of the committee on medium sheet; if printed on a sheet a litprinting, and he [Mr. B.] understood there tle longer, it would be what the Cohvenwas no such type in the State. He also tion want, the size of our public docuunderstood that there was a contract to ments. It would make a good appearprint in the usual form. If this be the ance, and be fit to put in our libraries. case (said Mr. B.) it will be seen at once The paper for the book will be longer, the that if the committee should take the type the same. course indicated by the chairman, it will' Mr. CRARY-If what has been state -164 by'the gentleman from Jackson is true, reports had been shown to him, of over andwe shaill have-a longer book, I shall forty pages of closely written manuscript. go for continuing the printing under. the It was desirable that the Convention should present arrangement. I would inquire if soon decide, as the printing was'suspendthis iprinted with burgeois type. ed. With regard to the printing, there HMr. STOREY-It is one size lager. was no bourgeois type here; the type used Mr. CRARY-It may be the long prim- is that in which the State printing is done. er which is used; he thought it could not There was no blame attached to the State be the burgeois; but not being a printer- he printer. He was not aware that any othmade the inquiry. Then (said Mr. C.) er kind of printing would be required, or we are not having the book we ordered. he would have provided for it, even at a lIe would further inquire why the long sacrifice; and he [Mr. G.]believed itwould primer was used when the burgeois type be a sacrifice before the printer got was ordered; He would wait for an an- through. It was very lean work in this swer, as the Convention was under a sys- type. Had arrangements been previously ter of reform. made, or could it be effected without much Mr. GARDINER-for the same reason inconvenience, he should have preferred to that it was not printed in brevierr-be- have it done on brevier type; as it had cause there was none here. been decided to send a copy into every Mr. CRARY-That is a satisfactory State in the Union, and to the several dereason. Takingthisas it is, I shall go for partmients of the United States governreconsideration, believing we shall save ment, he should have liked the work so several iundred dollars to the State. As gotten up for the credit of the State of a spirit of economy had come over the Michigan and the craft. Convention yesterday, it would be as well T g f K Mr keep it upto-day.;The gentleman from Kent, [Mr. to keep'it up to-day. The motion to reconsider was carried. CHURC,] had suestd the propriety of' Mr. ROBERTS offered as a substitute: inserting the old constitution, the new constitution, the names of members, &c. The Resolved That the printing of the de- st on the names of The'bates of this Convention be dispensed expensewouldbeverylittle; buttle comwith, and the reporters relieved from far- mittec had not been so instructed byth thrier attendance. -original resolution. The volume would -be worth twice as much with that inforWhih ws negatived. mation. Without it the volume would be ~The question recurring on the adoption of the original resolution, almost blank paper. Our debates herd, Mr. STOREY hoped the resolution are not much better. Mr.-STOREY hoped the resolution would'not be adopted. The debates would Mr. HASCALL believed there were make a very respectable volume of some considerations that ought to induce the 8'00 or 900 pages. He saw no reason for Convention to adopt the resolution. If altering the arrangement which had been order and economy were the order of the made for printing, day, he had no doubt it would be an adMr. GARDINER said he had spoken in vantage to have the work done on brevier *favor of the adoption of the resolution yes- type. He believed if done in the present teiday, in accordance with the views of type, it could not be done in less than two a large number of the members of the volumes. It would require double the Convention who had expressed their dis- amount of paper and press work, and dousatisfaction with the type and printing. He ble the amount of binding. If the brevier had supported it because he thought it was type is obtained, it might be got up in a the wish of the Convention, and had made small, respectable sized volume. The paa fair statement of what the difference of per which is now used is very expensive. expense would be; he had no objection to There is something to be taken into acrescind the resolution and return to the count before the brevier type is ordered. old form of printing. He thought his The printer is not bound to print in brevier friend from Jackson [Mr. STOREY] mista- type, only in that heretofore used; that'ken in his statement that the debates will had better be settled upon consultation. In not exceed some 800 pages. One of the setting up again, the first form would be a 165 small loss compared with the gain -in the men of the types. who tell us that we can end. He hoped it would be adopted. do nothing to guard against the iniquities Mr. STOREY did not concur in the of the press. views of the gentleman from Kalamazoo, Mr. CRARY said he believed if it was [Mr. HAscALL.] The Convention of New indefinitely postponed, it would leave the:York sat four months and eight days. matter as before; and it could not be introTheir debates are generally printed in bre- duced again this session. vier type, with the old constitution and the Mr. GARDINER-The effect will be, new, and an ample index. It makes a if it is postponed, to let the printers go on volume of 900 pages. On the best calcu- as before. lation he could make, the debates printed The question was taken on postponein the present type, will make a respecta- ment, and carried. bly shaped volume of 800 pages. Mr. CHURCH offered the following: Mr. CHURCH believed the type and Resolved, That the committee on printthe size of the book would correspond with ing be instructed to cause the following the matter. He hoped no change would items tobe inserted in the volume of print-.bemade. ed debates, in their appropriate place and Mr. GARDINER had no feeling on the order: subject. The argument that the printing 1. The law providing for this Convenhereafter done will be at an increased ex- tion; pense, is wrong. The resolution is, that 2. The present constitution and the new the State printer shall do the printing in one to be presented to the people;. such manner as we direct. They could 3. That part of the manual comprising have it done in nonpareil or any other the list of members, the rules and standtype. ing committees of the Convention. Mr. CRARY-Does the gentleman say 4. The articles reported by the several the printer must do it? committees; Mr. GARDINER-If the State printer 5. The debates and an index of subshall refuse or neglect to do the printing, jects. the committee may get it done elsewhere Mr. ALVORD moved to amend by adat the same expense. It does away with ding "but no speeches evidently made for the expense, except as to the first form. If Buncombe, shall be printed in the dethis resolution is carried, they will not go bates." Which was lost. on with the printing. In the brevier type On motion of Mr. BRITAIN, the resoit would save one-third of the paper and lution was amended by adding the followpress work. If two velumes are to be ing: "and that said committee be relieved bound instead of one, the expense will be from procuring the printing said reports increased. If the Convention sits sixty in bourgeois type." days, two volumes may be required. The resolution as amended was then Mr. McLEOD said he was utterly igno- adopted. rant of the matter, utterly ignorant of the Mr. SUTHERLAND offered the followphraseology; but he thought he would add ing, which was lost: his mite to the obscurity, that the dark- Resoved, That on and after this day the ness might be felt. To postpone, he sup- Convention will hold but one session a day posed; would leave the matter open for -that it will commence at 8 o'clock A. M, discussion to-morrow. To that he was op- On motion of Mr. S. CLARK, the speposed. It has been up from day to day, cial order of the day was postponed until.and has clung to the Convention like the to-morrow. old man on the back of Sinbad the sailor. On motion of Mr. McCLELLAND, the He wished it were cast into the depths of Convention then resolved itself into comthe sea. mittee of the whole, and resumed the conThe gentleman says the printers are at sideration of Article -, "Legislative Dea stand. The Convention is at a stand;- partment," Mr. WELLS in the chair. and we are all at a stand. That, [said Mr. Mr. HANSCOM moved to strike out McL.,] is the only fixed fact I have gath- section 32, which provides that in case of ered, except the revelations-of the gentle- contested elections, the person only shall 42 166 receive per die-n compen;satio or mileage manifestly just that the certified p'erson who is declared by the house in which the did not venture to come here. -Could he contest takes place, to be entitled to a seat. have been assured of his mileage for conMr. H said this appac-red to-be a harsh ing here, it might have been an in ucement rule.- It may be that a legislature may so to do. have paid persons who had no me rioious Mr. J. 1 ARTOW thought the argument of claim to a seat; but there may be cases of the gentleman from Monroe [MR. MCCLELgreat doubt asto which of the claimants LAND] was based on wrong principles. iught to receive his seat. A person may He says there may be fraud or error. on receive. the official certificate of his elec- the part of the returning officers, and tion; another party may assume that the therefore the person holding the certificate certifying officer has violated the law. should not be allowed to come on and be Would it not be unjust to deprive the in- compensated for his loss of time. Fraud.dividual contesting, having a certificate, or error may be committed without tie and compelled by every consideration of holder of the certificate being concerned; duty to his constituents to claim his seat, and having the certificate it is-his duty to and refuse to pay him when acting in obe- come here under the order of his constitudience to the injunction, of law? This is ents; and any constitutional provision that a harsh rule. He would leave it to the le- shall deprive him from being paid for dogislature to act on the merits of each case. ing what he is required to by the law_ He did not believe the people would send would be wrong. The person who comes members to the legislature so totally-in- here and contests a seat without a certificompetent as to be unable to decide. They cate, and fails, should be cut off. ate not duties of the individual, but the Mr. WALKER believed that in most people. It is their behests that may bring cases of contested elections, the right a contestant here. would be found with those not holding the Mr. BARTOW, of Genesee, said the certificate. He had known cases where true rule would be, to allow the successful persons holding certificates admitted that contestant his pay, and the person having they were not entitled to seats, yet those a certificate, his per diem, at any rate. cases occupied considerable time in invesMr. HANSCOM had no objection to see tigation in the House of Representatives, it stand in that form. and before the committee on elections; and Mr. MeCLELLAND thought some no- the parties received theirper diem and mile,tice to the holder of a certificate should be age. A person not having a certificate requiited to be given, that his seat would will not be likely to come before a legislabe contested. If the certified person then tive body and claim a seat unless he be" cones on, and fails, he should not receive lieves he is entitled to it. On the other his pay. Cases have occurred where a hand, a person having obtained a certifiperson received his certificate by the fraud cate comes in expectation of receiving his or error of the returning officer. Under mileage andper diem untilit is decided. such circumstances he comes here to get Mr. HANSCOM contendedthat the seenis per diem allowance and mileage. If tion ought to be struck out. The argunotice were given, and no per diem or ment of the gentleman from Genesee [Mr. mileage allowed to the failing contestant, BARTOW] was the most correct. Gentlevery few cases of the kind would be men on the other side argued from isolated brought before thelegislature for decision. cases, which was not a correct course of Mr. S. CLARK was of opinionr that reasoning. He, too, could state an isolamost of the cases of contested elections ted case which occurred last winter in the would be settled at home if it were not for House of Representatives; the committee the-expectation, the certainty, in fact, that were divided in opinion, and a majority the failing contestant would receive his and a minority report were made. Mr. pay and mileage. The Convention had Ashman held the certificate; though losing an example, a ecase of its own, that should his seat, he was sustained by nearly onesettle the questiot. The member from half the members of the House. Would Chippewa was here as a delegate without it not have been hard, under such circumcertificate; his claim to the seat was so stances, to have allowed Mr. Ashman to 167 go home without being paid? It would spend his time, and go to all necessary exhave been an act of injustice which the pense to sustain their interests. people will not allow. It is the people's Mr. CHAPEL hoped it would not be right that is contested; they have: an inter- struck out, but amended so that justice est in it; the individual contests their rights. may be done. But heretofore he knew The gentlemanfrom Monroe seems to think the members from the upper peninsula that every man contesting a seat consults have made it a regular business to contest only dollars and cents; that there is no their seats. He did not know that the dispatriotism beyond the per diem and ten tinguished member from Mackinaw had, cents a mile. Is it to be supposed that the but Mr. Ashman had been here year after Legislature in future times cannot decide year to contest the seat. The mileage is rightly in cases of just claims andbaseless large, and the per diem allowance he obclaims? They have distinguished, and will tains enables him to flourish as a very disdistinguish such. tinguished personage. It is wrong, and -He [Mr. H.] did not believe there was the inducements to such practices ought in the constitution of any State a clause to be cut off. A certificate is given at the like this. He regarded it as an absolute, Sault before the returns come in from the a downright absurdity. other counties; he puts off with it; the'We leave the Legislature to decide in other man waits till the returns come in, all cases of contested elections. But there and puts off too; he of course gets his seat, may be legal claims. In the case of a as having had the greatest number of contested seat for the county of Saginaw votes cast in the dstrct Ashman gets it was argued that the Legislature could his mileage, some $250, and perhaps $100 not attach other counties to it for legisla- for attendance. This amount he is tive purposes; questions of law were in- able to put in his pocket under our convolved requiring the adjudication of our stitution and the practice of the Legislacourts, on which the judges differed. In ture. He [Mr..] was of opinion that that case one of the contestants was sus-there was sufficient ability in the Conventhat case one of the contestants was sustained; as to the other, it would have been tionto correct suchabuse. an actof great injustice to have turned Mr. McCLELLAND would ask the him from our halls without being paid, gentleman from Oakland, who had reprewhen he came in good faith, sustained by sented the proposition as absurd, if the his constituents, when they believed the gst did not appotion the members law to be in his favor. amongst the counties of the State, and that the members shall receive a certain amount The argument of the gentleman from of pay and mileage; if yon pay the conMacomb [Mr. WALKER] is based upon the testant and the peson having the certifi assumption that contestants are governed cate, does not the county obtain a double bymean and unworthy motives. He tellsus compensation at the expense of the other that a man came to claim a seat without counties? right, and that he so informed the committee If the parties contest, he should have on elections, and that there is apprehension no objection to the insertion of a clause of such fraud being again committed, and that thecounties shall pay the expense. He the Legislature endorsing such rascality. believed the people of the State were I (said Mr. H.) cannot go the length of favor of each county being represented; that supposition. The gentleman from but he thought it a iardship for those Macomrb has been a mermber of the House counties where there are no contests, to and Senate so long that. he may be sup- pay those counties where the contestants posed to speak of it from practice, but I m from. You have no right to taxthe' disclaim it. counties of Wayne or Washtenaw, to pay It would be manifestly unjust to allow a double compensation to co ies sending a person to come here having the official sig- double set of members. They come ttthe nature of those who are by law authorized to beinning of the sesion. The contest may judge, arid when a majortiy may- have not be concluded till the session is nearly great doubts respecting the claim, to send over. Thus the county willihave a memhim home without being paid; the people ber in pay in the House, and also a lobby having sent him here to claim his seat, to member paid by the State, out of the 168 House. Where a seat is contested, let the county or district should be recognized, to member who receives his seat be paid, and cut off all those difficulties that have ocnone other. curred in every legislature. Mr. M. said Mr. McLEOD said it seemed to him that there was no impropriety in settling the the inferences which gentlemen were dis- question in counties. posed to draw, were not deducible from Mr. FRALICK-Theprincipal business the facts. If we strike out this section, we of the Convention is to control expense. do not declare that the legislature shall This has been one of the grievances pay the contestant. We only allow them complained of-contestants coming withto do so if it is compatible with the inter- out any reasonable expectation of getting ests brought there by representation. The their seats. Adopt this section, and there arguments of the gentleman from Monroe will not be so many claims for seats. Un[Mr. McCLELLAND] would have been more less they have good reason they will not appropriate when a member of the legisla- come. If the counties feel so much interture, than in this place. Those who come est for the honors concerned, let them pay from the people, representing the interests the defeated contestant. This crying evil of the people, and acting under the solem- has very much increased the indebtedness nity of an oath, ought not to be deprived of the State, and it ought to be remedied. of the power to pay a contestant, if they Place this section in the article, and it will think it proper and compatible with the in- close the door. It not only will have the terests of those they represent. effect of saving the mileage and per diem Mr. WALKER moved to amend by ad- of claimants, but the time of the legislading at the end of the section, "except in ture, which has been often spent in invescases in which there shall be reasonable tigating and deciding those questions. If grounds to doubt as to the respective rights a person has not a good claim, he will not of the contestants." come here at his own expense. Mr. W.-It might be said that the le- Mr. BUSH thought the section should gislature have the right already; but we remain. He would ask, if this is struck know that the precedents are all the other out and a blank left, how the legislature way. If it appears to the whole house would be placed by the Convention? They that there is no just claim, and that the would see by the reports that such a procontestants ought not to be paid, prece- vision was introduced, and that after full dents are immediately referred to, and the discussion, it was struck out. So that they claim urged on that ground; especially will pay contestants asbefore. Mr. B.rewhen a man has a certificate. This would ferred to the case of Mr. Crane, of Eaton, give notice to the parties that unless they in support of his views. had a reasonable claim, they would go Mr. DANFORTH thought the amendwithout the expectation of any compensa- ment would be proper. He would not altion. low pay unless in those cases where there Mr. GOODWIN said it appeared to him would be great and reasonable doubts in that the tendency of the whole debate was the minds of the contestants and the body to show the propriety of leaving the whole who had to decide the question. Mr. D. matter to the legislature, to judge of the referred to his own case, when his seat in individual cases they may have before the Senate was contested, and contended them. He [Mr. G.] would prefer leaving that in some cases it would be a mere act it to the legislature. of justice to give compensation to the deMr. MOORE believed these things feated contestant. He hoped the amendshould be settled in the counties or dis- ment would be adopted. If it were not, tricts where they arise. As it seemed to he should go for striking out the section. be the policy to correct every thing that Mr. ROBERTSON was in favor of rewas extravagant, he could not see the pro- taiing the provision. This had been a priety of allowing persons to come here to great evil, and ought to be provided contest seats. It should be competent for against; not so much on account of the the people to say whom they wish to repre- money paid to the contestant, as the time sent them. The legislature should pro- expended on those questions in the legis, vide that the will of the people of the lature. '^ Mr. SULLIV AN said-It appears to me Mr. MeC. said the first session was limthat no power shorld be given to the legis- ied to sixty days. They would have to lature to allow compensation to unsIccess- apportion the districts under the census of ful applicants for seats in the legislature. the United States. In case the Congress There were undoubtedly cses in which the bill should not pass till near the close of unsuccessful contestant had good reason the session, they may have to adjourn unto believe that he was entitled to his seat, der the provisions of the constitution, and and in which it would be a case of extreme be called together again by the Governor. hardship to refuse him compensation. The To avoid that inconvneniece, he proposed ~legislature, however, can provide for a de- the amendment. cision of all such cases, bylocal tribunals. Mr. WITHIE RELL moved to insert It is with such tribunals that the power "the first Monday in June." It could not can be most safely deposited. Entrusted but be genial to meet at that time. toi such hands, there is no danger that al- Which motion was lost. lowtance will be made on the one hand to Mr. RAYN ALE moved to strike out thel those hose claims are entirely unfounded, word "Monday," and insert,"Wedue.or on the other, that a just and liberal com- day." ensation will be refused to those who Mr. CRARY did not see any necessity ave expended time and money in vindi- for altering the time of the meeting of the eation of claims believed by them to be legislature on account of the action of Con' jasto. gress. The census would be returned beMr. MORRISON had no objection to tfre that time. The law is fixed and the the original seecton, but he wished an apportionment may be made as soon as amendment would be made to meet the they see the census. case mentioned by the gentleman from Mr. McCLELLAND was aware of the Oakland. law. The great difficulty is this: itis an ict The question was taken on Mr. WALK- of Congress that may be repealed or modiEna's amendment, and lost. fied as they see fit. Again: suppose there Mr. MeCLELLAND moved to amend is a large fraction in the State; they may by inserting "from the State," after the give a member for that fraction, or they word "receive," which prevailed. may not. He [ ir. McC.] thought there'Mr. IIANSCOM'S motion to strike out was reason for the amendment. was negatived. The question being on Mr. RAYNALL'S. The committee rose and reported pro- amendment, gress. Mr. RAYNALE said he believed there On motion, the Convention adjourned. was an obvious reason for the amendment he proposed. Some members have objections to traveling on the Sabbath. If Wednesday be fixed for the commenceAfternoon Session. ment of the session, most of the members -The Convention was called to order by in the lower peninsula can' arrive here in the PRESIDENT. two days. Another reason: —It is some: Tile Convention resolved itself into com- times necessary t gonto caucus for the mittee of the whole on "Article -, Legis- nomination of officers; they will have more lative Department," Mr. WELLS in the time for that purpose. chair. The amendment was adopted. On motion of Mr. McCLELLAND, all The motion to insert "February," was after the word "account," in section 34, carried. was stricken out. Mr. McCLELLAND moved to insert Sec. 36. The legislature shall meet on "the first- Wednesday in January, 1853, the first Monday in January next, and ev- and every two years thereaf er." ery two years thereafter. and- at no other Mr. BRITAIN was of opinion thatFebperiod, unless as provided by the constitu- ruary would be better inserted as the regtion. ular timie of meeting, instead of January. Mr. McCLELLAND moved to strike There was one recason in its favor: they out the word "January," and insert "Feb- might avoid much local legislation hereaf~ raryu " 43 t.r. Those applications for relief, and ex- general laws would make the people better tension of time for the collection of taxes, acquainted with them. would be got rid of. Members could ar- Mr. FRALICK-This is a measure that Biange their winter husiness before they more properly belongs to the legislature. ameni and they would h ve more of the If the people want it, they will call for it. legislation of Congress before them. As Mr. HANSCOM said-The gentleman the sessions would be limited, they could from Wayne, and others, had doubted the get home in time to attend to their spring propriety of leaving any thing to the lebusiness. gislature. There appeared as much propriMr. REDFIELD would suggest anoth- ety in this, as in some of the proposed limaer reason: At that time the treasury is itations. This applies to the people of the replenished. In February and March the whole State, and is for their benefit. The treasury is in better condition to meet the paltry sum ought not to be considered in expense of legislation. January is always comparison with the advantages to the considered the worst month to meet calls people of becoming acquainted with the.of that kind. laws. There is a necessity for the ob. Mr. J. CLARK hoped that it would be ject being carried out; the very exigencies adopted. It would give the farming corn- of the case require it. Unless there is a naunity time to dispose of their produce. general publication of the laws, notaries.It would be a better time for the legisla- public and justices will take acknowledgture to meet. le moved to insert Febru- ments of deeds in a wrong way, as they ary instead of January. have heretofore done. It is time this evil The amendment of Mr. MCLE'LLAND, under which the people have been labor, so amended, was adopted. ing was removed, and a plan established - ee. 37. The election of Senators and for a more general publication of the laws Representatives, pursuant to the provisions as soon as passed by the legislature. of this constitution, shall be held on the Mr. STOPREY-This would merely cov-,Tuesday succeeding the first Monday of er the cost of composition. It would not YNovember, in the year 1851, and every pay the cost of printing; but they have an twpo years thereafter. interest in publishing the laws. Mr. -McCLELLAND Inaid the old provi- Mr. HASCALL-The laws are publishsion was the first Monday in November. ed in the State paper, and circulated in evThe alteration was proposed to meet the ery township of this State. act of Congress; so that when the Presi- Mr. BAGG moved to strike out the dential election comes round, there will be words "six cents a folio." He should be no necessity for a special election for Pro- sorry to see "'six cents" in the constitution. sident of the United States. Mr. WITHERELL-Conveyances of Mr. STOREY offered the following, to deeds have failed for the want of knowing stand as section 38: the change in the mode of acknowledging "All general laws shall be published in the deed. If the mode of acknowledging one newspaper in every county where by a married woman is not in form of law, there is a paper printed, which paper shall nothing is conveyed. The notaries public be designated by the Secretary of State; and justices of the peace do not take the and the publisher of every such paper State paper. When the change wasmade shall receive six cents per folio for such in the mode of acknowledging deeds, publication." they did not, and could not know until it -Mr. STOQREY said-It has been com- was too late. plained of that the laws go into operation Mr. W. did not hold the expense a matefore being published. This would reme- ter of very great consequence, if the dy it, The expense would be trivial corn- publication in this manner was necessary pared with the advantage, to enable the people to know what the laws Mr. MORRISON —The diffculty will are. If the laws were published in the be obviated by the provision in the consti- 1 papers in the several counties of this State, tution, that no law shall go into operation the people might be informed what the for ninety days atr its passage. laws are, and not have to Wait six months Mr. STOREY-This publication of the or a year, till the bound volrume is publish ed. He would ask what would be the pro- come into operation before they could be bable cost of publication of the ordinary published, unless they were published in session laws of 20% pages? the papers. Mr. STOREY-As near as I can esti- Mr. WALKER had listened to a great mate it would be about twenty-five cents many remarks from printers on the iniqlui for a statute page. The general laws ty of the craft, and he began to feel a litwould be but a small part. tie suspicious. We are having our laws Mr. LEACH-According to the state- published in a newspaper, and they will ment made by the gentleman from Jack- not be finished before the session laws son, it would cost seventy-five or one hun- are published. It would be better to exdred dollars for publication in each paper; tend the time for the acts taking effect, and an item worthy of some consideration. stop this.newspaper publication. He Whatever the opinions of the gentleman hoped a clause prohibitory of such publifrom Oakland [Mr. HANsCOMa may be, I cation in the newspapers, would be insertthink it proper to look at the public treasu- ed in the constitution, as Legislatures ry, and it might with great propriety be might not have such an exposition of the looked at by this Convention. If there tricks of the trade as the Convention had were any necessity for this publication, I had that morning. would be the last to oppose it; but I see no Mr. BUTTERFIELD-One word in denecessity for it. Ninety days are required fence of the press. My friend, MBr. SToafter a law is passed before it goes into REY, has not a cent's worth of property in operation. This is enough —this is done any press in the State. As to publishing now. The session laws of the last Legis- in the paper, it was supposed that by exlature are ready for distribution. Besides, tending the time for the laws taking effect all those of a local nature, in which the to ninety days, the laws might be got aouf people are interested, are published in the in book form by that time; but such would local papers. If there is anything in not be the case. We do not live very rewvhich the people of Jackson are interes- mote from the capitol, and yet the laws do ted, it is published in their paper-so in not reach us till November. They would Genesee; besides this, there are laws take five months beyond the ordinary adwhich need not be published. Believing jourlment of the Legislature. The laws the publication of the laws as proposed by at present are published in the State pathe gentleman from Jackson would be at- per, but they are not completed and furtended with much expense and very little nished to the township clerks till late in benefit to the people, I am opposed to the the year. The publication of the laws at adoption of the resolution. a small expense in the papers, would be a Mr. GARDINER-The gentleman firom saving to the State and an advantage to the Genesee is mistaken as to the expense; he people.'so keeps out of sight the present ex- Mr. WILLIAMS was opposed to this pense of publishing the laws by te State. proposition. A few days ago we heard a They are published by the State paper and great deal about expense. Grand juries sent to every township clerk in the State, were to be abolished because of the exand the State pays for it. Some eleven pense. And now, although the publicao hundred dollars are paid to the State paper tion and dissemination of the laws are pronow for such publication. The publica- vided for, and although besides the annution of the general laws, as proposed by al statutes, the State paper is sent to the the resolution, will not cost so much as un- town clerks of each of seven or eight der the present arrangement~ The idea hundred towns, and an expense of 41600 that it 1i to be a great expense to the perhaps incurred, yet it is now proposed State is a mere bug-bear. The State is to adopt another inethod of disseminating is now paying more for thesamething and the general laws through the public press. not getting it so well done rether. And what will be the expense? Say' there Mr. TEwCH-It hope under the ne will be soon fifty counties and that it will constitution this expense will be saved, cost $50 dollars each —the expense will be "_Mr. J. D. PIERCE thought the laws $2,500. But the worstfeature of the propasse the first week of the session wouldod position is that it is a bounty given by the Secretary of State to those presses in the authority, and every person who did not interest of the majority. It must prove an take that paper did not know what the encouragement merely to the party press laws were. For the last fifteen years the of the party in the ascendancy. The mi- people have been virtually placed in that nority are amenable to the laws, and to situation. The laws have been hung up them a knowledge of the laws is as neces so high they could not read them. We sary as to the majority. He as unfortu- have been at great expense to provide men nately in the minority here, and in a small with the statute laws who ought to buy minority; but he conceived he was still en- them. What is the course now? It is to titled to an equal participation in the bene- send to the township clerk's office a State fits of government. He regarded the paper, and there the people must go to get plan, if carried out, as partial, radically a knowledge of the laws. I would go farwrong and unjust. ther; I would comnpel the Secretary of State He thought the $2,500 could be expen- to publish them in every paper of the ded where it would do the people more State, not at the rates they have paid, but good. Yesterday we had an earnest de- at what the printers will publish them for. bate on the pay of members of the Legis- The people may truly complain th,,t they lature. The whole difference between do not understand the laws —how can they three dollars and two dollars per day would when they cannot get at them. We have not vary much from.4,000. We had provided for publishing the laws, but not much better pay this $2,500 to the law in a way to give light to the people. I makers. We had much better pay it to care not about sending up a volume to the the judiciary, and thereby secure better Governor's room; he can buy one; but judges. A good administration of justice thousands require information which can is cheap atlny price; a poor administra- only be circulated through the papers ia tion of justice is dear at any price. No, their locality. Give the people light; they if we have any more bounties to gran,S let complain that thby have no light, that we us give. them to those on whose decisions have changed our laws so rapidly that hang our lives and property. Let us pay they could never get at them. this sum to either the makers or to the ex- Mr. WILLIAMS-Then amend the pounders of the laws, and not for so im- resolution by authorizing the publication perfect and partial publication of them. in all the papers of the State. Again, after hearing the exposition of Mr. CRARY-I am willing to do so, the gentlemen from Kalamazoo and WTi'sh- certainly. tnaw, [Messrs. IiAscALL and GAR)DINER,] Mr BAGG was opposed to the propohe was afraid to have anything to do with sition of the gentleman from Jackson. printers. He was afraid to put his hand in Those constitutional enactments shoulti be the lion's jaw. For himself, as one citi- simple propositions, and should not go into zen of the State, he heartily thatnked those detail. He should be sorry to see siz cents gentlempn for the fearless exposition they put in the constitution. Sir, (said Mr. B.) had made. It will save the State a hun- 1 came here to frame the warp; I did not dred thousand dollars. If such an expo- come to put in the filling, red rags and sition had been made a dozen years ago, everything, in the constitution. it would have saved the State a larger Mr. GALE, from his experience as a sum. These gentlemen, both practical township clerk, could say that the people printers, warn us that printers will cheat never came to look at the State paper. the State if the State has anything to do Any person taking a good paper in the with them; and the gentleman from Wayne State would get all the laws that were ne[Emr. BA-G] being the brother of a prin- cessary. The gentleman from Marshall ter. proposes to open the way by striking complains that the people have not the inout the price fixed in the proposition. formation; but, sir, you may throw your Mr. CRARY-It was in old times the;ession laws before justices of the peace, custom to hang the laws up so high the ind they never look at them. The people people could not read them. It was tht will never look at the bearing of them, case in this State. It was to make tht rhey will not take the trouble to see what publctation of the laws in one paper the the Legislature has done. The documents 173 you throw amongst the people are scarcely If so, he did not see atny necesity for this ever ta ken out of the wrappers. gratuiy o pri rs. This was not a proposition to publish in Mlr. i (ilAtY —Afterr this distibution, all the papers; it would only go to thle pa- so mri'my thousand.i doillars p-,, wiht is pers of the party, and would be a small the benelit to the people? WVhere does it gratuity to the party press. It was con- go to? TV) supply the fithce oildters. There trary to the restrictions proposed in the ar- is not a copy to be obtained by the people, tide on the Legislature relative to the leg- either for love or money. Notlhing is done islative printing, which seemed to have to supply the public with information. The been got up in a business like manner. It gentleman fromn Genesee [Mr. GALE] says was going back again in reform, and he he does not read the laws sent to his office hoped it would not be sustained by the in the State paper. committee. Mr. GALE-I will correct the gentleMr. MORRISON-Thile argumentl in rnian. I did not say that I did not read favor of this proposition is that the lws them, but thlt the people did not come to cannot be obtained by the people. If it read then. be of so much importance to the cornmmu- Mr. CRARY-I will correct myself. nity as represented, it appears to lme that He says the people do not read them. His the resolution does not go far enough. If experience and mine do not agree. The it is the duty of the State to pay for the cir- newspaper taken into the countly is read culation of the laws, let them pay for the by the hetds of lilies fr-om the first to whole community. The,genttleman says lthe third page; and I believe every perthey do not all of them take the papers,; son's observation will coincide with mine. but those who do not may be the tax-ply- lThe newspaper will be read, and the laws ing part of community. and it would be will be read in them. There is no occaunfair to tax them for thebenefit of others. sion to confine i to the county or townHe would move to amend by adding: "and ship clerk's office. Let the people know such paper shall be sent by te ubhe tep law, and they will keep it. There are to every inhabitant in the county in which States that require the laws to be publishthe paper is published." ed in every paper of the State. A motion Mr. ROBRTSON wod a, "gratis" s made to amend, to publish in every paMr. ROB ERTSON would add, "gratis." Mr. CHURCH would recommend the per. Mr. N. PIERCE said-The gentleman gentleman from Wayne to have the word. N. PIERCE said-T he gentleman "white" inserted between the h words "ee should make it still broader, and send the *'white" inserted between the words "every" and "individual." paper to every family. Half of the people Cry and.^ vin the country do not take a paper. He Mr. STOREY had offered the section in did not feel willing to impose a tax of perfectly good faith; and, notwithstanding several cents a person who did no the stampede got up, he thought it a good choose to te a pper, for the benefit of provision. He did not think any Legisla- others who did. It would not be fair. He ture would enact more than one hundred did not think it v-ould answer. There was pages of public laws, which amount was a good paper, the "Educator," sent at the about twenty-five dollars to each paper, expense of the State to school districts. about five hundred dollars for the whol e knew they were piled up in the post State; not so much as is paid for the pub- offices, and sold for postage. I think Lsaid lication at present to one indivirduxal. He Mr. P.] it is wrong —not carrying out the, [Mr. S.] had no interest in any printing es- policy we began ith. I do not think it tablishment; the disclosures which the willbe the means of furnishing informapractical printers had made were not ap- tion, unless they send the paper to every plicable to him. m'an in the State, and pour it down on him, Mr. WALKER believed if the present ar- whether he will or not. I think the genrangement of printing the session laws in the tleman frorm Calhoun IMr. CRARY] is not State paper were discontinued, there would correct. I have gone with him, generally, be no difficulty in getting the session laws But I think this is wrong. One-half of the printed, bound up and circulated within people would have to be taxed for the benninety days after the close of the session. efit of the other half. The mTan that was 4 t 1%74 willing to take the paper would tax his year thereafter, and at no other period, uri neighbor for publishing the laws. I think less as provided by this Constitution." it wrong. On motion of Mr. McCLELLAND, all afMr. MORRISON —-My amendment was ter "1851," in section 37. was stricken out, to send it to every individual. and the following inserted: "and on the Mr. KINGSLEY —I am anxious to have'uesday succeeding the first Monday of this debate closed. I do not like any of November inevery second year thereafit. The proposal of the gentleman from ter." Jackson will not operate equally. We are Mr. HANSCOM moved that thie conm in a majority now, but we may not be so mittee rise, report progress, and ask leave always; and there are sometimes two de- to sit again; but the committee refused to mocratic parties. Is it material that you rise. send the laws among the people? I do not Mr. BRITAIN offered the following, to think it is so material. They don't care a stand as section 39: copper about the laws. They will not read "'The legislature may authorize a corn them-they do not want to have any thing pilation and reprint of the laws actually in to do with the laws nor the laws with them. force, whenever such reprint shall be neIf the people are so much in the dark, cessary; but no revision or alteration of if they are suffering so much for want of the laws shall at any time be authorized, this information, why do they not publish except so far as shall be necessary to adapt them in the papers as a matter of curios- them to amendments of the constitutioni,. ity? Why do they hunt up steamboat dis- MR. WILLIAMS was entirely opposed asters and all sorts of marvellous stories, to the amendment of the gentleman from to till up their papers? Why not publish Berrien, [Mr. BRITAIN.] It reads: "The the laws? If every body wanted to see legislature may authorize a compikstion them, self interest wouldinduce their pub- and reprint of the laws when it shall be lication. No sir; the people do not want necessary." Now, this was embarking on to see them. Does any man read a law a sea on which lie was not disposed to embook for pleasure? No one reads it ex- bark. "Compilation and reprin.t;,'-that cept he wants to use it. So far from being was exactly the plan out of which grew useful, it would kill our newspapers. Who the last revision of the laws. The origireads the laws of the United States? Who nal proposition of the revisor was not to looks at our session laws? None; except codify, but to compile the laws; the cost it may be a commissioner of highways, or of which was to be five or six hundred a person in some little office., to see what dollars, and a corresponding expense for his duty is. The people will not study the printing. But some how or other, the laws. You cannot make lawyers of every compilation and reprint grew into a revibody. There is no use in bribing the pa- sion. The pay of the revisor proved to be pers to publish the laws. The people will several thousand dollars, and the cost not read them. of printing. (including the cost of extra The motion of Mr. BAGG to strike out legislation,) he had understood, was tg six cents," was lost. $65,000; and the grand result was amys. Mr. MORRISON's amendment was car- tification of the laws. Now he was against ried. admitting any provision into the constituThe question recurring on the proposi- tion that could in any event be perverted tion as amended, into a means of misGhief. It might prove Mr. HANSCOM moved to strike out all an entering wedge to another. experiment after the word "6Seeretary," which was of waste and etravagance lost; ancd Besides, after the expositions of the praeThe proposition-of Mr. STOREY was neg- tical printers here., (he begged pardon for ative&.d. alluding to it again,) he was disposed to On motion of Mr. BRITAIN, section 36 go against all prints and reprints, not absowas amended so as to read as follows: lutely necessary. If, as they tell us, the "6 The legislature shall meet on the 1st State cannot escape being cheated by the Wednesday of February next, and on the exercise of any possible ingenuity on the!st Wednesday of February in every 2d part of the legislature, or public agents, 175 let us not afford a new chance for a mis adjour n onMonday, July 1st, the same construction that may involve the State in shall stand adjourned until Tuesday, July a great and undefined expense for print- 9th. ng. Mr. MO ORE offered the following subMr. BRITAIN hoped the resolution stitute for the resolution: would be printed, and the discussion de- t Rsolved, That this Convention adjourn layed. The proposition before the corn- on Friday, the 28th inst, until Tuesday, mittee did not interfere with this. He 9th July. wished it to operate for all time to come. Mr. CRARY moved to lay the resoluWhat do we do when we appoint a revi- tion and the substitute on the table, but at sor? We appoint a man for some three the suggestion of several members, withmonths to do it; his revision does not suit drew the motion. the people, and the legislature cut it up; Mr. MOORE said he offered his substiamend it again and again. That is why tute because an adjournment was so much we have had so much extravagant legis- talked of; and he desired to have the queslation. That is why the people look on tion settled at once. Members were coan our laws with so much loathing as the gen- tinually dropping off, under the impression tieman from Washtenaw has said. that an adjournment would take place, and The gentleman from St. Joseph (Mr. it would be better to decide now. They WILLIAMS,) seemed to misapprehend the had been here some time, attentively engaobject he had in view. He hoped themat- ged in their duties, shut up, and deprived ter would lay over till to-morrow, when he of seeing their constituents. By taking a would take the opportunity of stating his short recess, he thought members would views more fully. return much refreshed, in better health, On motion of Mr. WOODMAN, the and fully prepared to perfect and speedily committee rose, reported progress, and ob- terminate their duties. Yet he was not tained leave to sit again. strenuous in regard to his motion; if memOn motion of Mr. HANSCOM, the fol- bers would remain here and go on with lowing was added to the standing rules: their work, he was willing to remain. "A motion that the Convention resolve Mr. WITHERELL said it was the cusitself into committee of the whole upon tom, on the election of a Pope, for the Carthe general order, shall always be in or- dinals to assemble in secret conclave and der, and shall be decided without debate." conduct all their transactions with secrecy. On motion of Mr. DANFORTH, the The windows of the building in which Convention adjourned. they assembled were walled up, and no one was permitted to look in upon or listen to.__~ —~.,their proceedings. The situation of this Convention was somewhat similar to that FRIDAY, (17th day,) June 21. of the Cardinals; although not literally The President called the Convention to walled up and sitting with closed doors, order at the usual hour. they were cut off, to a great extent, from Prayer by the Rev. Mr. Merrill. communication with other parts of the PETITIONS. State, and seldom had the privilege of By Mr. ALVORD: of David Thomas meeting with any one of their constituand 185 others, inhabitants of the county ents. In fact, the roads leading to the of Genesee, praying that the right of suf- capital were so intolerable no one could be frage may be extended to persons of color. induced to come here unless urgent busiAlso, of J. H. Sanford and 200 others, ness made it necessary. Since his attenof Lapeer county; and of Wiley Bancroft dance in the Convention he had not seen and 74 others, of the county of Macomb, any strangers or any of their constitupraying for a like provision. ents. He understood that five Indians Referred to the committee on the elec- and three squaws, from abroad, had been tive franchise. seen in Lansing within the past few weeks. RESOLUTIONS. He thought it necessary for members to Mr. GRAHAM offered the following: see their constituents, and as they would oatIved, That when this Convention not come here, their only alternative as to 176 go to them. He was in favor of the pro- ents a short time, yet he was willing to repoition to adjourn, and as lhe preferred main if the Convention thoug'ht an ad. thhe Conven.ion should sit where they could journment improper at the present time. be in communication with the people, and Mr. S. CLARK said he would be glad see andl knuw what was transpiring, moved to hear some good reason why an adjournto airiend the substitute by addilng, "then ment was necessary. His friend from to mnmet at Matrshall in the county of Cal- Wayne [Alr. WITHERELL] had thrown no. houn." liAght on the matter, although he had'disMr. CO MSTOC K thought if an adjourn- coursed quite eloquently about Cardinals, men, should be decided on, that Friday Popes, secret conclaves, and not meeting would be the proper day on which to ad- with his constituents. journ. It would gLive members an oppor- He was opposed to an adjournment, and tunity of reaching home before the Sab- should vote against the several proposibath, as there were those who would not tions. If the Convention adjourn, it would travel on that day. be two weeks, after meeting again, before Mr. MORRIiON said, as the amend- they would be where they were this mornment offered by the gentleman [Mr. WITI- ing, in their business. He hoped members ERELLJ brought Marshall up, he would ex- would remain and go on with the basiplain the situation of matters there. [Mr. ness. M. then read a letter from the common Mr. VAN VALKENBURGH did nRo council of the village of Marshall, tender- know that he could give any good reateso ig the use of a suitable hall to the Con- to the gentleman from Kalamazoo [Mro vention, should tlhey think proper to meet CLARKJ why an adjournment was proper at in Marshall.] this time, yet lie could give the reasons Mr. IIAT' NWAY moved to lay the that were entirely satisfactory to himself. resolution and substitute on the table. Gentlemen who had been in their seats Mr. DANFORTH said he had in his during the month, and attended to the bupossession a letter which wouldexplain the siiess of the Convention, were fatigued move in regard to adjourning to Marshall. and needed some relaxation from their HIe would send it to the chair to be read. duties. He had been tired for two days. Objection being made to the reading of He thought the argument of the gentlethe letter, Mr. D. recalled it. man from Wayne, [Mr. WITHERELL,J that The vote on the motion to lay on the ta- it was necessary to see their constituents, ble was taken by yeas and nays, and re- a powerful one. None of them were to be suited yeas 40, nays 51. seen here; as for himself. he had not evend Mr. BUSH moved the indefinite post- seen the three squaws alluded to. ponement of the resolution and substi- After an adjournment thev would retute. turn invigorated and refreshed, and busiThe yeas and nays were again deman- ness must progress rapidly. The fourth ded, and resulted yeas 45, nays 47. of July. the great national jubilee, would Mr. WHI'TE stid he was in ftvor of the be at hand during the approaching week, ori3ginal resolutioa, and opposel to the and as members would go off to unite in amendment offered by the genileman fiom the celebrations, the attendance in ConvenWayne, [Mr. WITHERELL.1 All must see tion must be very sparse. In addition to the necessity of holi theesios of the this, frmrs wished to go home for a Convention at the Capitol, where they had short time to gee about harvest and make access to the liblrar, and could get any in- the necessary arrangements. forlmation they desired from the different These reasons he deemed sufficient why dep rtments. an adjournment should take place; nor did Mr. MOORE (lid not expect or intend, he perceive why gentlemen who were when he offered his resolution to bring on here with their families. should be opposed any debate; it was merely to have the to it. He was in favor of the original requestion of adjournment settled, and he solution. On the Wednesday named for wished members to vote considerately on assembling again, the Convention would the subject. Althouh he would be hap be full. He had no doubt but they would py to visit and mingle with Lhis constit-t- lind all their constituents favorable to the 177 adjournment. Such a measure might not yet spare twenty members, and have be necessary for those who had been ab- enough left to do all the business of the sent from the Hall during the sessions of Convention. Let those who were compellthe Convention, sitting in bar rooms and ed, go home, but do not adjourn. He walking about the streets. But it was ne- should not know what to say to his consticessary for those members who had at- tuents. He could not tell them he was tended closely to their duties, and been in tired. What would the whig papers say? their seats all the time, like himself. He Would they admit "tired," to be any never frequented bar rooms, but attempted reason for adjournment? They would ring to discharge his duties faithfully by being from one end of the State to the other, and in his seat at all hours during the sessions then they would learn what it was to be of the Convention. tired. Although they were in the woods, Mr. KINGSLEY said this was an im- he was situated very comfortably. True, portant move, and would stanmp the char- they were not as pleasantly situated as they acter of the Convention by the manner in would be in a city, but he was satisfied. which the question was decided. What He hoped they would not adjourn, unless were the reasons given for an adjourn- better reasons were given than had been. ment? He had heard none at all satisfac- Again: It is urged by those who wish tory to himself, or that he believed would to adjourn, that the nmembers of the Conbe satisfactory to any one else. What vention, many of them, wish to go home would their constituents say? What re- and see their constituents, and learn from ply would they make when asked by them them their opinions upon the novel subwhy they had adjourned the Conven- jects before us. That they want instruction and come home? Would they say as tions how to act in the several matters inthe gentleman from Oakland, [Mr. VAN troduced here. If the Convention adjourn VALKENBxJRGH,] they were tired? There for this reason, members will not gain their was no necessity for adjourning the Con- object. Our constituents do not know so vention. Members were leaving for home much about the business before us as we all the time. Let them go. It was a usual do. Every man you meet will have an practice, and no one would complain; but opinion of his own, differing from his the Convention should not adjourn over. neighbor and from our own. After an adThere was no precedent for it. journment, if nembers consult their conHe was surprised to bear the proposi- stituents, they will return to the Conventon to meet at Marshall. He would ask tion with more confused notions of the the gentleman from Calhoun, if they think matters before us than they now have. the Convention could be better accommo- Our constituents sent us here to make a dated at Marshall than here? Have they constitution for them, because they thought a convenient building and aceommodations we could make it better than they could; for so large a body of men to go amongst and they will make us responsible for our them on so short notice? It may be they acts, however they may advise us in the have. He [Mr. K.] would be unwilling to premises. ask the Convention to adjourn to Ann Ar- Mr. DANFORTH would say to the bor, as he knew they could not be ac- gentleman from Detroit, [Mr. WITHERELL,] eommodated there as well as here. But that he had lived here fourteen years. He to adjourn because members are tired, is was driven here by the force of circumthe most singular reason. It looks bad on stances; yet he had never regretted having paper, and will not pass current with our made this place a home. The inhabitants constituents. He was a farmer, and knew of Lansing were an industrious, hard something about harvest time. Harvest working and intelligent people, and he was would not conmmence before the re-assem- happy to be numbered among them. Their bling of the Convention, if it should ad- population was at present over nine hunjourn, and he did not wish to go home and dred, and the gentleman had been unforreturn before harvest. The plea of farm- tunate to see only three squaws. He ers wishing to be at home to attend to har- thought the gentleman ought to be cGnvesting was'therefore bad, as they must tented to remain here among a population return before' it corimmeced. They coi!d rapidly increasing; atc ne that ould 46 178 honor any community. Every nail driven cruiting, let them go; but he, thought inwas a penny for Detroit. The new coun- stead of returning recruited, and with a ties should not be despised by those living disposition to expedite the business of the in older and settled portions of the State. Convention, they would come back with, [Mr W. here stated that he had cast no only a large accumulation of gas, to be reflections on the citizens of Lansing, or spouted out for the edification of the other. on the new counties. He had never in- members. tended or thought of such athing.] He was opposed to an adjournment, Mr. D. resuniing, said he felt proud of and hoped the matter would be voted his county, and could not rest under what down. he had considered at the moment, reflec- Mr. HASCALL would inquire if there tions on tht inhabitants, without a reply. was not an insuperable. objection to the. He thought he could explain all about the proposition to adjourn to meet at Marshall? proposition to adjourn to Marshall, how it By the act "providing for the time, place was gotten up, &c., as he had a letter giv- and manner of holding the Convention," ing a history of the matter. It was all the State Printer was authorized to do the gotten up under the management of Mr. printing for the Convention, and he was, Shearman, who had gone home for the now doing the work. He could not follow purpose, as he was informed, the Convention to Marshall, and carry the [At this point Mr. DANFORTH proposing press, type, &c., necessary to carry on the:: to read a letter, he was requested not to do printing of the Convention. so, as the letter was a private one. Mr. Mr. COMSTOCK said he had been edD. then took his seat.] ified by the discussion called out by the. Mr. CHAPEL wished to know if an propositions before the Convention, yet he amendment to the amendment was in or- had no idea that the mover of the resoluorder. tion intended to get up any debate when The PRESIDENT-Not at this time. his proposition was sent to the chair. In Mr. CHAPEL regretted that the fore- regard to what the gentleman from Washnoon should be spent in discussing these tenaw [Mr. KINGSLEYl had said in referfrivolous matters, that did not in any way ence to farming, he would remark that he: pertain to the legitimate business of the [Mr. C.] was a farmer, and thought this Convention. The question under discus- a proper time for farmers to go home and sion was a matter that should not be con- make the necessary arrangements about sidered for one instant. The people ex- harvesting. None would be more suitapected the Convention to be held in Lan- ble. sing; members were elected knowing this He was prepared now to vote on the to be the case, and it was idle to speak of question of adjournment, and hoped the adjourning to any other place. No suffi- Convention would settle it. He was opcient reason had been given for an adjourn- posed to the proposition to adjourn to meet ment at all-there was none; and he was at Marshall, but in favor of the original opposed to every such proposition before resolution. the Convention. If it should take place, Mr. MORRISON-The gentleman from the democracy would rise and pile anathe- Kalamazoo [Mr. HASCALL] says there is mas on the head of every man who advo- an insuperable objection to adjourning to cat-ed the measure. Yes, every member meet in Marshall, as the State Printer canof the Convention would be held to a strict not follow us with the type, press and othaccount for such a proceeding. er articles necessary to do the printing, and What were the reasons given by the that he is required to do the printing of honorable gentleman from Oaklanid, [Mr. the Convention. The clause of the act-to YAN VALKENBURGIH?] He [Mr. YANv.J which he referred reads as follows: had gotten off an immense quantity of bun- "And the State Printer shall perform combe, but such stuff was not reason. The the printing required to be done by said gentleman said he was tired. He [Mr. Convention, at such times and in such manC.] was willing that all that class, the tired ner as they shall direct, and said printer men, should leave the Convention and go shall receive the same compensation and home. If they wanted fresh air and re- in the same manner as is now provided by 179 law for compensation and payment for in Marshall after the adjournment, should legislative printing; and in case the said it take place; but he wished it distinctly printer shall refuse or neglect to perform understood that it was no proposition of the duties as aforesaid, the said Convention his; one with which he had nothing to do, may appoint a printer to perform said clu- and he should vote against it. He agreed ties, who shall receive the same compensa- with-the gentleman from Washtenaw, [Mr. tion and in the same manner as is now pro- KINGSLEY,] that the decision of the quesvidel for legislative printing." tion would stamp the character of the Now, sir, if the State Printer refuses or Convention for stability, or the reverse. neglects to perform the duties, we can ap- By remaining here, it would at least show point a printer; and I fancy the Conven- they were doing something. Although tion can easily get the printing done in he would be glad to accommodate memxMarshall. bers desiring an adjournment, he thought One word in reference to the remark of the effect would be bad, and must therethe gentleman from Washtenaw, [Mr. fore voteagainst it. If they were reduced KINGSLEY,] that he would not invite the to seventy members they could go on with Convention to meet in Ann Arbor. The the business, and he was ready to go on people of Marshall knew what they were until they found themselves without a about, and had considered the matter be- quorum. fore extending the invitation. Marshall is Mr. REDFIELD regretted very much situated in a central position, on the great the useless discussion that had grown out thoroughfare across the State, and is a of the propositions sent to the chair; they proper and convenient place for the Con- embraced matters that could be decided vention to sit. It contains a goodly num- in a moment. He thought the precedent ber of intelligent inhabitants, a depot, tel- quoted in favor of an adjournment a poor egraph office, and other necessary conven- one. The Convention to revise the constiiences, and I have no doubt the people tution in New York commenced their seswill be glad to meet us there. sions in May, and were engaged in their It has been charged upon Mr. SHEARMAN duties two months before adjourning over, by the gentleman from Ingham [Mr. DAN- with little prospect of a speedy terminaFORTH] that he left here and went home tion of their work. He hoped this Confor the purpose of getting up this move- vention would go on with business, and ment. Now, sir, I doubt very much if adjourn finally at an early day. If it adthe gentleman went home with any such journed over for a week, two weeks must view. He might, perhaps, have said to the elapse before they would return here and people of Marshall that it would be well be prepared to go on with business. for them to invite the Convention there, In the months of July and August, but I cannot think he is liable to such when the weather would probably be opcharges as the gentleman prefers against pressive from excessive heat, members him. would actually require exemption from Mr. DANFORTHI explained. He pre- toil, and they should continue their labors ferred no charges against Mr. SHEARMAN. in order to get through befre that time. Mr. HANSCOM did not rise to inflict a From accounts from different places it was speech on the Convention, but he would possible the cholera might be here; and make a remark or two. He considered the other considerations ought to induce memproposition of the gentleman from Detroit bers to go on and complete the constitution tMr. WITHERELL] to meet in Marshall, en- as speedily as possible. He regretted to tirely wrong. It was actually necessary hear the proposition of the gentleman from for the Conveniion to hold its sessions in Detroit, [Mr. WITHERELL, to meet in Lansing. Marshall. As that gentleman [Mr. W.] In reference to what the gentleman had taken no part in the labors of the from Washtenaw [Mr. KINGSLEY1 had said committees, he having refused to act with about precedent, he would refer him to the the committee on which he was appointed, action of the Convention in New York. he should be satisfied to remain here. Mr. CRARY would be very happy, if What could they say to the people when the Convention desired it, to have it meet asked why they had adjourned? As yet 180 the Convention had done nothing, and misunderstood by the gentleman from Ingtheir constituents would ask in vain for the ham, [Mr. DANFORTH.] He [Mr. W.j] reasons of adjourning. No act [said Mr. had not spoken disrespectfully-of the citiR.] would stamp a greater stigma on the zens of Lansing; what he did say Was that Convention than the adoption of the pro- people could not get here, and -the Conposition; at all events, it would disparage vention was comparatively shut up from them in the minds of the people. other parts of the State. Mr. WHITE wished simply to make a He had not. the least feeling against the suggestion. The great national holiday place or the people. Every one who had was approaching, and every individual traveled through the country must besatwished to enjoy the festivities. All the isfied with the respectability of the inhabvillages were making preparations to cele- itants. brate the day appropriately, and many [After some further remarks in the:way members would be glad to go home and of explanation, Mr. WITHERELL withparticipate in them. That, he considered drew his amendment.] a sufficient reason for a short relaxation Mr. WALKER offered the following from business. As to precedent, they amendment to the substitute proposed by were numerous. Congress and other leg- Mr. MOORE, to come' in at the end of the islative bodies took a recess whenever any same: "and the members and officers of occasion demanded it. this Convention shall receive no compen-Mr. N. PIERCE-As the Convention sation for the time that shall transpire beseem anxious to have a vote on the ques- tween such adjournment and the re-assemtion, I will detain them only a short time bling of the Convention." with a few remarks. It seems to me, Mr. Mr. BAGG had voted against every President, we should go on and get through proposition to adjourn, and should continthe business we are sent here to do. There ue to do so. There appeared, said Mr. B., are some flfty farmers here, and the day to be two classes here in favor of adjourns of harvest is nigh; but I hope we shall get ing over: the one wished to. go home to through by the eighteenth of July, or see "Louise" and the babies; the. other, to sooner. celebrate the fourth of July. He would be As to the motion to adjourn and meet at glad to see "Louise" and the baby, butinMarshall, there I should be at home with tended to vote against adjourning. They my family, and among my friends and ac- had already gotten a smattering of the subquaintances; but in my view it would be jects before them and were now prepared wrong and not to the interest of the State. to go on with business. When we were elected, we were expected Mr. AXFORD moved the previous questo sit here, where we can have the advan- tion; but withdrew it at the request of Mr. tage of the library, and be near the State WELLS. officers to get any information of them we Mr. WELLS wished to ask two quesmay want. There are plenty of boarding tions: first, if the Convention adjourned, houses here; we are all accommodated what effect it would have with theewhig: with good seats, and there is no reason party? Second, at what time a Washtewhy we should go away. It seems to me naw lawyer's harvest occurred? if any particular section was proper to ad- The previous question was then renewed journ to, it would be Detroit. and demanded by the Convention, and the I am prepared, sir, to go on with our vote being on the amendment of Mr. WALKbusiness and do it up now. I do'nt think ER, it was adopted. there is any use for us to go to see our The vote was then taken on the substiconstituents. They would not give us any tute of Mr. MOORE, as amended, and the new light, and to go away would be to substitute negatived. throw away our time. I hope we shall The main question then being on: the keep at work and finish our business-very resolution offered by Mr. GRAHAM, the yeas soon. I am very sorry the: question has and nays were demanded and resulted yeas been agitated. 16, nays 73. So the resolution was not Mr. WITHERELL said he felt bound adopted. to make an explanation. He had been Mr. HANSCOM offered.the following 81-1 Resolved, That when this Convention aid- from Monroe, [Mr. MCCLELLAND.] There journs. on Monday, July 1st, the same shall was an obvious propriety in referring the stand adjourned until Wednesday, July proposition to a committee. 10th, and that the members and officers Mr. S. CLARK stated that the subject shall receive no compensation for the time had been before the judiciary committee, of said adjournment. and was reported back and referred to the Pendintg which, on motion of Mr. Me- committee on the Schedule. He hoped CLELLAND,- the Convention resolved it- that no revision would be authorized unself into committee of the whole and re- der less than ten or fifteen years. sumed the consideration of the article Mr. BRITAIN said that all the remarks "Legislative Department," Mr. WELLS in of the gentlemen placed him in a false the chair. position. The resolution to which the genThe question being upon Mr. BRITAtN'S tleman from Kalamazoo [Mr. S. CLARK] proposed section, offeied yesterday, to stand had alluded, differed from the proposition as section 39, befoie the committee; he begged leave to Mr. WITHERELL said he regarded the read it, as follows: proposition a very singular one, as it actu- "Resolved, That the committee on the ally prevented any alteration in the laws. judicial department be instructed to inquire It would make our laws as irrevocable as into the expediency of providing that the those of the Medes and Persians. He legislatur, at its first session after the would be glad to hear some explanation. adoption of the Constitution, shall appoint Mr. McCLELLAND could not say that three commissioners, whose duty it shall he was opposed to the proposition of the be to reduce to a written code, the whole gentleman from Berrien; some general body of the law of this State, or so much provision of the kind might be proper, but thereof as to them shall seem expedient." he would suggest the propriety of refer- The resolution merely instructed the ring the subject to a committee, otherwise committee on the judiciary to inquire into it would.be discussed here, and then before the expediency of authorizing some provithe committee also. It might be proper sionby the legislature to reduce the laws in some other place. of the State to a written code-that is all. Mr. BRITAIN proposed to amend his That committee reported the subject back proposition by striking out all after the to the Convention on the 17th inst., asking word " authorized," and inserting "by the to be discharged from its further considerLegislature." ation, and recommending its reference to the Mr. B. said he had no objection to with- committee on the schedule. It was so redrawing his proposed section, if this were ferred. My proposition embraces much not the proper place for it. He begged more-than the resolution and should be leave to say that his proposed section was adopted whether that committee report fanot embraced in that previously referred to vorably or not. the committee, and unless this was an im- The gentleman last up, says he hopes no proper place it should be adopted. revision will be authorized under ten or Mr. WITHERELL moved to amend by fifteen years. I, sir, hope we shall not inserting between the words "no" and have one for fifty years-yes sir, not at all, "revision," the word "general." unless there be some imperious necessity, Mr. McCLELLAND-I will not say this When our laws have been amended to is not the proper place for the section pro- meet the wants of the people, I do not posed by the gentleman, but it strikes me wish to see them altered or changed at. it would be proper to refer the subject to the caprice of any one man or committee a committee. It is a question of impor- of revision. tance and should be referred. When the Mr. Chairman: A revision of the laws committee report, they can say where it should never be made, except so far as may properly belongs-whether in this, or the be necessary to adapt them to amendments article on Miscellaneous Provisions. of the constitution. The laws in force at Mr. J. D. PIERCE hoped the gentle- any time are better adapted to the wants of man from Berrien [Mr. BRITAIN] would the people than any revision which can be accept the suggestion of the gentleman produced by any committee of revision, 46 182 because they are the result of trial and cor- unwise in employing legislatures for similar rection. Whenever the people find a law purposes; and yet these laws, perfectedby to work badly, they petition the legislature eight years labor and improvement of the for its amendment, and in this way, after a people, at a cost of half a million of their series of years, the laws became suited to money, were exchanged for a few months the wants of the people. They are the labor of one man. I repeat what I have result of experiment, and should not be already said: "no man can perform serviexchanged for the effusions of any man's ces for the State which can be worth to brain. No man could draw up a code suit- her any such price, as the sequel will deed to all the various wants of the people; monstrate. and when the laws had by frequent amend- The revised statutes of 1846 came forth, ment been made to meet those wants, all an evidence it is true, of a profound intelthat should be done was, to codify and re- lect; but as no one man can know all the print the laws actually in force. wants and interests of the whole people, it Michigan had suffered three inflictions follows indisputably that no one man can, of this kind since his acquaintance with draw up a statute so as to provide for all her, and hehad no hesitation in saying that the wants and interests of the whole peothey were among the greatest calamities by. pie; and this statute went from the hand. which she had been visited, The revision of the revisor, the reflection of his own of 1838 cost the State, with the session peculiar views, rather than those of the which adopted them, about $90,000. It people. had the improvements of eight succeeding The first embarrassment felt by the sessions of the legislature, costing about people arose from their utter ignorance of $50,000 per session; by which it will be the new, laws just published. The second reseen that the laws in force in 1846, had suited from the want of adaptation of those cost the people of Michigan between four laws to their wants and interests; a generand five hundred thousand dollars; and al murmur of disapprobation ran through yet these laws, having all the improve- the State. The Legislatures were overments suggested by the people during whelmed with petitions for amendments. eight years, and which the people had The sessions were prolonged, voluminous adapted to their wants and interests at so session laws were produced, the treasury great a cost-yes sir, these laws which exhausted, taxes increased; and all this cost the peole half a million, were ex- accumulation of evils, by a thoughtless or changed for what?-for the results of a unscrupulous press, charged upon those few months' labor of one man's brain. Legislatures, which have perhaps been as Mr. Chairman: It is this kind of ex- faithful and industrious as any Michigan change that I protest against, and which I has ever had or can ever expect to have. want to prevent hereafter, if possible. Mr. Chairman, these evils have not Not, sir, that I question the high order of been produced by your Legislatures; they talent of the honorable gentleman charged have been produced by your revisions! with the revision. No sir; no person is They will be produced by your revisions more willing than. am to award to both as often as your revisions are'repeated. him and the honorable gentleman who pro- The Legislatures can neither prevent or duced the revision of 1838, all that is so avert them, and I trust we shall have no justly claimed for them. But, Mr. Chair- more of them. man, this fact only forces upon me the con- If the laws are out of print, let us have elusion, that no man, however towering a reprint of the laws actually in force, but may he his intellect, or however unbound- do not let us have any more revisions. I ed may be his attainments, can render the should regret to see my proposition referred State a service at all commensurate with to the committee on the schedule, as they the value exchanged for it. Either the will be the last to report to the Convenlaws which were succeeded by the revi- tion. I wish to keep it by itself, indepension of 1846.were worth the half million dent, and not hung to anything else. I which they cost, or the State has been un- do not wish it reported here at the close of wise in employing the various legislatures the Convention, and rushed through like. to make them for her, and continues to be an appropriation bill, 1:83: Loud cries of "question," ".question." itself in the committee this morning-the Mr. J. D. PIERCE —I would suggest disposition which has been expressed, to we are in committee of the whole and- shut out debate and put down members Mr. BRITAIN-The subject can be upon this floor. passed over at present. I have not made any estimate of the fate Mr. CHURCH-The gentleman from of the amendment I offer in this committee. Berrien [Mr. BRITAIN] is unwilling to have I offer it because I believe many, if not a the proposition referred, and is determined majority of my constituents, demand it at to drive us to vote on the question when it my hands. I offer it because it is a subis evident what will be its fate. Although ject of vital interest, and the welfare of the it seems different from the resolution re- community demands that something should ferred to the committee on the schedule, it be done by us, to stay the tide of misery covers the same ground. consequent upon this unhallowed traffic. -Mr. BRITAIN-There is so much feel- I represent in part, sir, the citizens of Oaking on the subject, I withdraw my proposi- land county, which in point of moral and tion. But I protest against the statement intellectual worth, will compare favorably of gentlemen that this subject has been re- with any other county in the State. I am ferred to any committee. proud to represent the interests of such a -Mr. MORRISON offered the following, constituency in this body, and can but reto stand as section 38: gret they are not more ably represented. " No appropriation of the public money I have felt bound by their confidence to shall be made for the publication of the devote what of time and talent I possess, to laws of this State in any newspaper." their interests-to the best interests of the Mr. M. said his object in presenting the State. Thus far I have done so with untiproposition was to avoid the difficulty that ring fidelity. I have been found at all had heretofore arisen in reference to pub- times, and on all occasions, in my place lishing the laws in the State paper. The during the sittings of this Convention. I Legislature had made such a provision, have found no time to loiter about the but he considered that no benefit was de- streets or the public houses, when thisrived from it. The laws were published Convention was in session. I have supand bound, and ready to be distributed in posed the interests of my constituents debook form long before they were all pub- manded my attention here, and I have lished in the State paper. If a necessity been in my place. When out of this existed for publishing laws taking immedi- house, I have endeavored to prepare myate effect, the Legislature could make some self that I might act intelligently when provision for publishing in bills, or some here, that my constituents might not suffer other mode. His object was to prevent by my negleet. drawing three or four thousand dollars It has been remarked, sir, by my friend from the treasury when no benefit was de- from Cass, [Mr. REDFIELD,] that our conrived from it. stituents had sent us here as sensible, thinkIt was adopted. ing men, to attend to important interests; Sec. 39. The Legislature shall have no and as I look over this Convention, I think power to pass any act to grant any license they have not been mistaken. I am proud, for the sale of ardent spirits or other in- sir, to be a member of this body, compotoxicating liquors as a drink or beverage. sed as it is, of character and intellect; it Mr. VAN VALKENBURGH offered is with diffidence I occupy its time. I the following as a substitute: "The Legis- have listened with profound attention to lature shall have no power to pass any act all the debates upon this floor; to some into grant licenses for the sale of ardent spir- deed with more, and to others with less inits-or intoxicating drinks, except for me- terest; and although many are much my chanical or medicinal purposes." juniors in years, I trust I have been profitCries of "question," "question." edby all. I have long since, Mr. ChairMr. Van V. said-I offer this substitute man, learned one lesson-the fallibility of with great diffidence; with diffidence, not poor human nature —the liability of man to on account of the substitute itself, but for err. I have often, in my own experience, rea6sn of the feeling which has manifested found it necessary to throw by old cher 184 ilhed opinions, and adopt others. I am guard the interests of my constituents. I not a bigot. I am always open to convic- have occupied some of the time of this tion; ready to listen to the appeals of rea- Convention, and when their interest deson; and believe Solomon was right when mands, I shall do so again, and expect to he said, " the fool is wise in hisown con- be heard. Whoever thinks he can drive ceit." And still I know not, sir, that it me from my purpose by the cry of "queswill answer to quote from authority which tion," by a sneer or a laugh, has mistaken appears to be so doubtful with some his man. I regard no such arguments. upon this floor; still, if they will, for this I spurn them; I spit upon them; they are once, permit me to do so, I will listen pa- the weapons of the coward and the knave, tiently to quotations from their favorite au- the ebulitions of ignorance and of folly. thors, though they should be from Robin- No high-minded honorable gentleman will son Crusoe or Sinbad the Sailor. resort to them. They pass by me as the I have said, sir, I was proud to be a idle wind which I regard not-they fall member of this body. I am so. I have powerless at my feet. Now, sir, it may be been treated with great courtesy by its said on this, as it has been said on a former members, and have formed acquaintances occasion by some of my colleagues, that I that will not be forgotten. I am proud to misrepresent my constituents on this subbe associated with high minded, honorable ject. I may misrepresent their immediate men; and I regret that any one upon this constituents. Sir, I have not the honor of floor would attempt to suppress debate, to an acquaintance with many of them; and interrupt members, and retard the business upon this subject I take no issue with the of the Convention. I ask you, gentlemen gentlemen. Their constituents may deof the Convention, are you not entitled to mand at the hand of my colleague [Mr. be heard upon the subjects under discus- RAYNALE] the appointment of a committee sion? Are you willing to be deprived of on Buncombe, and that my friend and colthis right? Certainly not. Let us then league [Mr. NEWBERRY] have it so amend-.extend to each other the courtesy of a pa- ed as to include sermons, If I might tient hearing, that we may be benefitted venture an opinion, a committee upon the by each others' observations and experi- last subject might at least not injure their ence. delegates. These gentlemen may correctI submit it to you, gentlemen of the ly represent the views of their associates; Convention, does it comport with the dig- but when they claim to represent the views nity of this body, is it kind, is it courteous, of my constituents, I enter my protest, to attempt to cut off debate, to raise this They have sent me here for other purpossenseless clamor of "question," when such es, and expect other things at my hands; men as my friend from Berrien are at- and in saying so, sir, I know whereof I aftempting to benefit us by their experi- firm. ence —men whose patriotism and purity of I have regretted to see anything in this purpose no one questions? Convention, sir, that savored of party polMr. CORNELL —I call the gentleman itics; I was sorry to hear the word party to order. He is not speaking on the ques- named, Have we come here to promote tion at all. party objects and party ends? I have Cries of "go on," "go on," and "ques- not so learned my duty. We have been tion," "question." told the people have sent us here to do a Mr. VAN VALKENBURGH-Much great work; and, in the language of the has been said this morning, sir, about the prophet of old to the importunities of occupations of members upon this floor- Sanballat and his associates, I would say, that some claim to be farmers who are not "we are doing a great work and cannot so. I have said, sir, that I represent in come down,"-cannot descend to the arepart the citizens of Oakland county. I do na of party politics, I claim, sir, to be a so, sir-I represent the hard-fisted, toiling democrat-born a democrat, I have never yeomanry of Oakland. The: morning I swerved from its faith; but upon this floor left my home forthis Convention, I doffed know no party distinctions; in the lanthie farmer's frock and left the plow to co'- guage of one of our own patriots, we are tribute my mite to your deliberations and all federalists, we are'all republicans;" oQ in the language of common parlance, "w'e:death. It proposes to close forever these.are the people's men-having one object flood-gates of iniquity —to dry up these and one itnterest." While upon this sub- streams of sorrow and of woe. Adopt ject, permit me, sir, to ask gentlemen of this amendment, sir, and it goes forth as a this committee if it is calculated to facili- ministering an2el to the deserted hearthtate our business or add dionity to ouir stone of' Cnan a uiiled faily, Ieinyestinog body to be constantly talking about c zc-i it with t1e r:as of hope — bringig joy and combe? The facyility h which some, comfort to the broken hearted. Adopt this gentlemen bandy this term is good evidence amendment, iand you close up one of they are familiar with the fabric. And the most proiific fountains of wretchedness the dexterity of my friend from Macomb, and misery V nhich has ever cursed our [Mr. CI1APEL,J forcibly reminds ime of the r'tace —yoeu avert the progress of a destroyold adage,: rogue first cries rogue," &c. er who has strewed our land with the Will gentlemen expose themselves to this dead, and deluged our strects with blood. imputation? Does any one believe there Wvho in this assoemebly ha.s not wvittessed. is a.gentleman upon this floor wlo will the cry of the'widow and toe fttherless? sacrifice the interests of his constiluenes for AVho have nit suffered froi the exactions the purpose of pleasing their ears 9 Any of this cruel ofose? Are ther'e any upotn one iwho has conie here for self-display? this floor who iare Inwilling to put forth I, sir, should consider it a'personal insult their efiorts to redeemt our state from this,to have it charged upon any gentleman of bligohtingo cu.rser —to driv e thedestroyerfromi this Convention, that he wsould so fis dis- our borders, andt bind -up tie brokeni-hearregard the high behests of his constittu- 5ed? ncts, as-to descend to a purpose so gro- pt o I I:voe trespassed too long upon your velling, so contejmptible. I believe, sir, patience. Let ns, gentlemen of the cornthe members of this. Convention have come mirtee, adopt this substitute, and we shall here with good intents and honest purpo- do mrore to assuage human woe-more to ses, and that they are not to be d iverted decrease te burden of taxes —more to.from them. Let us, then, expunge tais contriSbte to the happiness of our fellow obnoxious word from the svocabulary of men, than all the olth er amendments of the this Convention, treat each othlier with or'niac law can possibly effect. due respect, and prosecute diligently thie 1r.3 BAG-G hoped the substitute would great object before us. not be adopted; he considered the section, Now, ir, I ae said I ofer Is a amens- as it stood, to be just what was wanted. ment h diidence, with wite, ad hout any con- Iu had been de'bacted in the committee jectur' of its probable fate in this co-mmit- hich reported it., and le knew only one tee; but as I look around me ui,,li this meer ofa tha c committiee who opposed it; intelligent assembly —as! ga 3 uon0 the he heard -one others wVa3 opposed to it, and philanthropic cou'aoteuance- of y I en:, t-al wo u ld be only two. A-A large majorihope is inspi:ed, and I Thin I see her a y of the committe e were in favor of thea pledge of the success of yp a-cendmnat. sec[ion, ad lie beleved it to be just wshat What does this ami ndment propose, sir; caild fer b7 a arg-e majoarty of inand wvhat are its ojec.ts? Does it pro'pose ha, -itJants ofL the Pcninsular State, to take away thle rio,'hts of any man? Doss Tihi-e'traffic in a-diyent sp'irits was a relic it propose to irenich u'po' a the inter'ests or of bar onial vassalage tht had been handcharacter or si etpil or pins o ay o? do wn ani frtned upo the people, sir. It p-oposes to t';,ro-: shiel - etIiee and i as tim e t o fon the ocli-'the oppressesor and his ii....to:orot ou: cuJ;om,!f hIld bee: said by philos-..-the lnfortunate intbruvte i aom the cut-:[-~:s, t!:it to ul;ean Li: errors wa s the ofenwobte p. *'su.ae, ads tin fo o o aC it was as..e.e cf 0. i-.V Oito. reckless of consequences —,, who rob tru'e i tl.is a:e:s in!my ethet. them of hreir ch. atcter, blot oct their hr - A Bitish coionial governor of one of tellect and degrasde them to the brute. It the Carolinas first entailed upon us the proposes to cut loose our State from this system of licensing the sale of liquor. An cruel traflic-to wash our hands from all expedition, gotten up under his auspices participation in this work of ruin and of against the Indians and French somewhere 186 about Mobile, having signally failed, and Mr. GARDINER said-I do not rise his treasury being at avery low ebb, the to discuss the principles or merits of system to license the sale of intoxicating the proposition before the committee, alspirits was resorted to to replenish it. though I yield to no one in zeal or fervor In regard to the license system, Mr. B. in the cause of temperance; but I must say said he considered it unequal and unjust. I do not consider this the proper place for Under it a capital of`2,t)00, invested in a any provision this Convention may think stock of liquor, paid no more than a proper to adopt on the subject. I believe, capital of $100. This was wrong. If sir, if such propositions are embodied in a man was permitted to cram his liquor the constitution, it will be endangered down the throats of people-to fill our jails when passed upon by the people. This, with wretched paupers and send hundreds the advocates and friends of temperance to a premature grave, he should be made do not desire-they do not wish that the to pay in proportion to his number-of vie- constitution, which has cost us much labor tims. He who kills only five by liquor, and expense to perfect, shall be risked on should not be made to pay as much as he any such propositions. I believe I know who kills his hundred or thousand. the sentiments and feelings of the friends Mr. B. thought the measure embraced of temperance, and the different orders, in the section was desired by a large na- and all they desire is to have a separate jority of those who had been trying, by article submitted to the people, empowermoral suasion, to advance the cause of ing the Legislature to prevent the sale of temperance. They had done all that was intoxicating liquors. in the power of man-all that could be The section reported by the committee done-but it was impossible to accomplish does not contain all we desire. For this what they strove to do while the Legisla- reason it will endanger the constitution,, ture, by its action, by the law of the land, and I therefore move to strike out the secgave a moral tone to the trade in whiskey. tion. This entailment of Great Britain should be Mr. BAGG —The gentleman is opposed removed. to the section, because it does not go far If [said Mr. B.] the sale of ardent spir- enough; he wishes, it appears, to prohibit its is an evil, why legalize it? If not, entirely the sale and use of ardent spirits. lwhy not leave it alone, to be sold and tra- I think, sir, I also know something about ded in as any other article-as corn, wheat the feelings and wishes of the friends of or any other commodity? If it were right temperance; and what they ask is that the to legalize the traffic in liquor, why not le- State may cut loose from all responsibiligalize houses of ill fame; for the support of ty-all participation in the system of licenministers of the gospel? It could be cone sing the sale of intoxicating drinks. They on the same principle, for it was no worse do not wish the State to give a moral tone than to give a license to a man to murder to the traffic, to legalize it-and sir, they with liquor. are too sensible to ask any thing more. If this section were stricken out, Mr. B. The gentleman fromn Washtenaw [Mr. GARwould propose another. A:ll he desired DINER] and other gentlemen here, wish to was that the constitution should embrace prohibit the use, of liquor entirely, or to some general principle. Could he go on put it in the power of the legislature to do and put in part after part, as he desired, to so. Sir, you may just as well attempt, in exterminate the use and sale of ardent this Wolverine State, to stop the use of spirits, he would do so; but this was a Java and Laguyra coffee, of green and constitutional Convention and only some black tea-to stem the Falls of Niagara-in general principles could be embodied. a bark canoe-as to put a stop to the use Mr. CHAPEL moved to amend the of liquor. substitute as follows, to come in after "Leg- Mr. FRALICK was a friend to the cause islature:" "shall have naopower topass any of temperance, and agreed with the genact, or grant any license to members of tleman from Washtenaw, [Mr. GARDINER.] the Legislature to use intoxicating liquors The friends of temperance did not wish as a drink or beverage, except for meli- the constitution endangered by any such cinal purposes." provisions. They wished to place the traf 187 fid in ardent spirits on the same footing raises corn and rye. He has a natural with other moral crimes. If the section right to sell it; or if he thinks proper, to were stricken out, the friends of the mea- distil it, and then sell. This is his right. sure would draw up a proper clause to be He does not want a license to sell his liquor inserted in a proper place. any more than he wants to sell his corn and M-r. LEACH said he did not believe the rye. For this reason, the provisions unfriends of temperance intended to attempt der consideration are of no effect-a perthe prohibition of the use, or sale of ar- feet nullity. dent spirits, by incorporating in the con- Suppose the proposiion read, "the lestitution a provision to that effect. All they gislature shall have no power to pass any desired was, to have the State cut loose act to grant a license for the sale of horsfrom the license system-to separate the es." It would be of no effect, for it is a State authority-the law making power- natural right, and without constitutional. from any connection with it. The tempe- prohibition, will be exercised. In the secrance men and friends of the cause were tion as reported, there is nothing on which perfectly disgusted with the license laws. to base even an implication of the righl to *He thought the section as reported by the prohibit the use or sale of liquors, and committee, a proper one. If the legisla- therefore I say, it, and the substitute, are a ttre thought proper to do so, they could nullity. pass prohibitory laws; it could be left to Mr. WALKEP I think the committee'ithem. and the Convention would be entirely misMr. HANSCOM offered the following taken in their duties, when attempting to substitute for the whole matter:' define crime. The constitution should not "The legislature shall never pass any specify whether the sale of ardent spirits act authorizing or permitting the making shall be a crime or not. I have, sir, a proor vending of ardent spirits, except for me- position to offer at thll proper time, as folb dicinal and mechanical purposes." lows: Mlr. LEACH moved that the committee "The legislature shall have no power to rise, report progress, and ask leave to sit impose any specific tax, fee or compensa-.again; but the committee refused to rise. tion, to be paid by any person or persons, Mr. WITHERELL said it was well un- except corporations, as a compensation for derstood that without a prohibition, a per- the privilege of exercising any moral emson could go on and do as he pleased in ployment or profession, nor to authorize or regard to selling intoxicating liquors; and legalize, on any conditions, the exercise of the true question was, whether he should any immoral profession or employment." de so or not. The proposition seemed to It mentions no particular subject, and him void of any effect whatever. The men embraces only general principles. The who sell liquor do not want any authority standard of right and wrong cannot be to do so; they have that right already; fixed for any specified time. It varied even and the question was, whether the legis- under Divine dispensation. Noah, we are lature should be authorized to prohibit told, was fond of wine. The Apostle that right. The power to grantthe right, thought a little good "for the stomach's no one asked. The prohibition was what sake;" and it is used now at most cornthey asked. munion tables. Mr. EATON said if the license system I think, sir, we should only embrace were wrong, and an evil, the State general principles. We should not define ought not to countenance it in any man- the sale and use of ardent spirits to be a ner whatever. He therefore moved to crime, nor should we authorize the Legisstrike out of the section as reported by the lature to legalize any thing v/hich the peocommittee, the words, "as a drink or bev- pie at large think immoral. What may be erage." considered proper now, may be deemed imA MEmBER-I do not exactly understand moral hereafter; and what may be thought the remarks of Mr. WITHERuELL, as I did wrong in our day, may be esteemed propnot hear them distinctly. er in the next generation. It was at one Mr. WITHERELL-I will explain, time'a common practice for the clergy to Suppose the gentleman is a farmer, and take, now and then, a little of the "critturt' 188 Creeds and tenets are continually chang- be partakers of the wages of iniquityingu-sects change. There is little now should not derive a portion of its revenue fthat existed forty years ago. We should from the tears and wretchedness of the only establish general principles. victims of intemperance. It was simply Mr. HANSCOM-I do not rise, Mr. the desire of Dr. BAGG to keep the skirts Chairman, to inflict a speech upon the corn- of the State clear from all the pollution, mittee, but for the purpose of cp.lin s the fancied or real, which grows out of internattention of It':!cf nc to th:e qustion. I perance in al. its forms. It is a mere rehad supposted~ ~ ~~~Oron -tha everye...-" _.. d.suiosed that?enL:eian_ who ve'rson to the prhncipie of the Levitical heard thec remarks of my.,.iendt firoi5 Gen- l.w,.hc.elrea"husal o rn ev0,.,rUIL-ciT__1-ery C' I 1a,',,3cl. Jrcs- heIn shall not bring esee, [Mr. L C,] wo.i e ly', - the ric of a do, or the hire o f a whore derstoo-(t_ Ilhat the oject, an.'.l the on0ly o~- itoche on:,r'ation of tie Lod. De ujec here desied, ws, to scve''the 1,- )_Ol 4, 1. ereity of-'t at': oan. conneion Th-e motion of''!r. EAlOo to strike out lwith.the,. nufre o'. i i ae as a drin- o bsthen lost. 1spirits —to n~o longe..-r throw ovr lis od " h uestio eurino n Mr. PE1B ous traff ic.the aLparent sanctin o f law... amends:nent to t he substit'ute of Air. VAN-. leaviong to tVhe peop e a d to fiture Leo is. - IYL_^Um G',: i. was lost. latures of the State the power and duty o Mr.' CHA-iPE then moved to amend suppress, control'or r'gulate the whole Mr. H1IOs cm.s substitute by striking out icatter, as publIc opinison may di a "making and vending ardent spirits,' an{l, It was. sir, but a few mom"'nts ago that i'n-seri' "raising and sein g corn." Which' 1i1'I~,1 U d et1l co'" we ere tdeboatg- the propriety of anad- as not aado'ted journment of this Convention, and one of The question then being upon Mr. HANsthe arguments used in favor of it was, that 0co0'S substitute, the same was not adopted. itwould have a tendency to clear the intel- M-r. DAN:FO.THit moved that the comlects and invigorate our physical and men- mi Itee rise, report pro-ress and ask leave tal faculties. Afte r listening to the aru u- to sit again. But the committee refused ments of the gentleman friom Way ne, [Mi, to rise. WITHERELL,] who has been home and vis- The question then recurring upon. Mir ited his constituents recently, ii occurred VAN VY -NAL usoURGWs substitute, the sameto me that it had, in his case, indluced a was not adopted. confusion of ideas that rendered it ques- Mr. WALKER then offered his substitute tionable whether we II had not better remain for section 39: "The Legislature shall until our labors were concluded; but for- have no power to impose any specific tax, ntunately for tihe friends, and advocates of fe1e or compensation, to be paid by any peran adjournment, the gentleman from Ma- son or persons, except corporations, as a comb [Mr. WAVL KE] El.... to te t rec, compensat ion for the privilege of exerciand establishec nost cloarly the fact that sing any moral employmnent or profession, there might ne s co pieo and entire ob-'nor to authoi or legalize, on any condifustification and e con fusion of mind where tions, the exorciseo of any immoral professone had remained here as when he had ioa or emplo ment." Which was not been away; so that between the two very adopted. honsorab'le gentlemen, t'ey let- thse question Mr. GARDI-NE-P stated that he had faily balanced. made a motion to strike out section 39 Mr. McLEOD said the proposition of some time previous. his friend, tlhe delegate from Wayne, [Mr. The question was taken on the motion, BA0, ] was simple und itntelligible' whilst and sections 39 stricken out. the remarks of the other delegate from On imotion of Mr. J. CLARK, the comiWayne [Mr. WITrrER.RELL] were very fair mittee rose, reported progress and obtain, Irom behsig so. It is true t hat Dr. PBaU,'s ed leave to sit atgain. proposition would permit every body and On motion of Mr. J. D. PIEROE, any body to makeo and vend spirituous Resolved, That the use of this Hall be liquors; nor was it the intention of the granted for the purpose of a temperance mover to have it otherwise. He simply lecture, on Saturday evening of this week'wishes that t!e Statec asStattate, should not The Convention then adjourned. 189 Afternoon Session. in reference to his amendment. It involvOn motion of Mr. McCLELLAND, ed a question of great importance, and the the Convention resolved itself into corn- Convention shlould decide whether the mittee'of the whole on "Article -, Legisla- Legislature should have the power of tive Department," Mr. WELLS in the chair. changing the remedial laws of the State. Mr. RAYNALE moved to strike out He thought the exemption laws of 1842, the words "or any county thereof," in 5th which operated retrospectively, and the and 6th lines of section 20. law passed afterwards, known as the "apAfter some deba-tc as to whethier the p rai;al law,' injuriedn materially the intermotion Was in oer ei —— we' c her le co.:i e',:-ts and clre.-di of the t`a4te. Ail knew the mnittee, afte havin' cl)o passed a se, u of tli;c e laws, ad k new the injury could go back- and ccarneld, ecept Cc? 1 nan -L - a o.,, h (Tped, his anelme nt hiaone consent, the qu wa n on d l. tMr.J-AA..'.. mo::ctio L — L'iir — som2 de,]t: teuestion as to On motioin of M-.r. J:::c:: —:' —'D-,-:,,,e' -"h olt of -[' tLhe " is' lature......:-i-,' reliefi lat,Cws, I allucommittee 1rose, d thoug t':o: i::r cihai:r- t(o pass c c.p: tl o rlw A a luman reported the -aticle back wi, h sundiy sio to the dbcisions of the courts in sevamendments, in which theyI aied:1h con e al of te St:a,n caos involving' the currence of the Conventio,-. questioni, the ayes and noes were called.On motion of Mi'Ar.;CL, _,_J:L.',lA.-';?, t]:hte ior on tlhe a imendmeint of Mr. FRALICeO, and akticlo was laid upon lhe t able, aclnd or:red i.t was let, as follows: printed w ith tle r lamenments made:i co- YE S -- iess rs. Axford, Ami'on1 Brown, mittee. Asahel 3Brown, Burns, Bush, Chapel, CorMr. AXFORD offered the following': nell, Dcsnoyers, Eastman, Fralick, Gale, Resolved, That, in the opinion of this Gibson, Grahamu, Lee, McLeod, Moore, Convention, no member should be entitled Morrison, Iosher, Ncwberry,.N. Pierce, to hisper diem unless in actuaal attendance 1Raynale, tWait, Webster, Whlipple, Wilupon this Convention; sicklness Sony ex- liailms, Withericll.... cepted. NAYs —-lessrs WA. Adlams, Alvorld, Resolved, That no appropriation be Ande rson, Arzno, Azo, Bag,, Barna-d, H. for the purpose of paying any member of Bartow, Beardsley, Britain, Alvarado this Convention, his )er diem, except for Brown, Carr, Choate, Church, J. Clark, the time he shall be in actual attendance S. Clark, Comstock, Conner, Crary, Danin this Convention; except prevented by forth, Daniels, Dimnonc, Eaton, Edmunds, sickness. Gardiner een, Hanscome, Hno art, HarMr. CRARY moved to lay the resolu- vey, Hascall, H-athaway, Hixon, Kingsley, tion on the table. Carried. Kinne, Leach, Lovell, Marvin, McClelland, THIRD READING OF ARTICLES. Mowry, O'Brien, Orr, J. D. Pierce, RedThe articles entitled " Division of the field, lobertson, E. S. robinson, Rix RobPowers of Government," and "Impeach- inson, Skinner, Soule, Storey, Sturgis, ments and Removals from office," were Sulliva n, Town a, Van Valkenburg Walker, severally read a third time and passed. Warden, Waells, White, Whittemore WilThe Convention having arrived at the lard, Woodmian, President —60. SPECIAL E, OnmRDER, motion f Mr. M.cCLELLAND, sec-'Being the motion of Mr. WIHIPPLE, made tion 26 was stricken out. on the 17th inst., to amend section 16 of Mr. MOORE offered the following, to the article Bill of Rights, by adding after stand as an additional section to the artithe word "contracts," the words "or ef- cle: fecting the vested rights of private per- "Any citizen of this State who may sons, or retrospective in its operation;" and hereafter be engaged, either directly or inthe same being under consideration, it was directly, in a duel, either as principal or lost. accessory before the fact, shall forever be Mr. FRALICK moved to amend section disqualified from holding any office under 16 by inserting after the word "obligation," the constitution and laws of this State." the words "or remedies." Mr. MA. remarked that he understood Mr. F. said he wished to say a few words the report of another committee would 48' 190 embrace a provision similar to this;, but he The amendment was lost. thought the proper place for the subject Mr. RAYNALE submitted the followwas in the Bill of Rights. ing as a substitute for section 22: Mr. WITHERELL was in favor of the "Involuntary servitude, unless for the proposition, although few duels occurred punishment of crime, shall never be tolerainthe State. It would show that public ted inthis State." opinion was against duelling. Mr. R. said his object was to get rid of Mr. CHURCH thought such a provision the word "slavery." It was a grating would be ineffectual-violated whenever word, and his substitute covered the whole persons chose to do so. It was going a ground. great way to embody it in the constitution. The substitute was lost. Whenever it became necessary to brand Mr. ROBERTSON moved to amend the duellist; the legislature could pass a section 10, by striking out all after the law doing so. word "defence." Mr. WHITTEAMORE moved to amond Mr. R. said the words proposed to be the proposed section by adding thereto the stricken out were but a repetition of a right words, "nor be permitted to vote at any guarantied in a previous clause. election." The amendment prevailed: Which was carried. Mr. WALKER offered the following as Mr. HANSCOM hoped the proposition a substitute for section 3: would not be engrafted in the constitution. "No man or set of men are entitled to He had never heard of a duel fought in exclusive or separate emoluments or privithis State. Last winter there was some leges from the community, but in considetalk that "Uncle Jake" would challenge ration of public services." some gentleman, but it all turned out Mr. W. said he thought the section remere -waste paper. There was not the ported by the committee, and as it stood, least necessity for the section. an absurdity. It was clipped from the Mr. WOODMAN begged leave to cor- constitution of Virginia; but there was no rect his colleague, [Mr. HANSCOMI. Mr. meaning in it in this latitude, standing W. was once in Detroit when a duel was alone as it did. fought. by parties who came over the river The substitute was lost. from Canada. Mr. HANSCO M moved to strike out The vote was taken on the proposition section 7, and insert the following: of Mr. MORE, and the section adopted. "Any person may publish his sentiments Mr. WITHERELL moved to amend on any subject, being responsible for the section 30, by adding thereto the words, abuse of that liberty; and in all prosecu"and shall be appropriated exclusively to tions for libel, the truth, unless published the support of primary schools." from malicious motives, shall be sufficient Which was adopted. defence to the person charged,, and the Mr. MORRISON moved to amend sec- jury shall be judges. of the law and the tion 29, by inserting after "corporation," fact." the words "except for educational purpo- A division of the question. being had, ses." the motion to strike out the section did not Mr. W. said his object in introducing the prevail. amendment was, to except literary institu- Mr. S. CLARK moved to amend section tions from the restrictions contained in the 10, by adding thereto the following: section. There were several of these in- "Nor shall any person be held to answer stituions that held tracts of wild land, and for a criminal offence, unless on the preit might be impossible to dispose of them sentment or indictment of a grand jury, within. the time limited, unless at a great -except in cases of impeachment, or in caloss. ses cognizable by justices of the peace, or Mr. BRITAIN hoped the Convention arising in the army or militia when in acwould not consent to the proposed amend- tual service in time of war or public danment. There was such a thing as olrt- ger." main, and it was shingled over all the Pending which, on motion of Mr. J. countries of Europe. BARTOW, the Convention adjourned. 191 SATURDAY, (18th'day,) June 22. sons who have been or may be convicted Prayer by the Rev. Mr. ATTERBURY, of bribery, or larceny, or any infamous REPORTS. crime; or who shall make, or become diMr. WHITTEMOIRE, frorm the conmmit- 1retly or indirectly interested in, any bet tee on the Elective Franchise, reported back or wager depending upon the result of any sundry petitions and resolutions referred to election in this State; or all persons non them, from the further consideration of comnipos mentis, or otherwise disqualified by which they asked to be discharged. a disordered understanding.' Mr. WHITTEMORE, fromi the same 7. No soldier, seaman, or marine, in committee, reported the following article, the army or navy of the United Statesj accompanied by a resolution, the passage shall be deemed a resident of this State in of which was recommended. consequence of being stationed in any milArticle -. Elections. itary or naval place within the same. 1. In all elections, every white male cit- 8. Laws shall be made for ascertaining izen above the age of twenty-one years, by proper proofs, the persons who shall be having resided in the State six months entitled to the right of suffrage hereby esnext preceding an election, shall be enti- tablished. tied to vote at such election; and every RESOLUTION. white male inhabitant who was permitted Resolved, That at the next general electo vote under the provisions of the previ- tion,' at the same time when the votes of ous constitution of this State, and their the electors shall be taken for the adoption male decendants of the age aforesaid, hav- or rejection of the revised constitution, the ing resided in the State six mionths next additional amendment in the words followpreceding an election, shall have the right ing: "Colored male citizens possessing the of voting as aforesaid; but no such citi- qualifications required by the first section zen or inhabitant shall- be entitled to vote of the second article of the constitution, except in the township or ward of which shall have the right to vote for all officers he is an actual resident, and in which le that now are, or may hereafter be, elective has resided for ten days next preceding the by the people, after the day of day of election. one thousalnd eight hundred and, 2. All votes shall be given by ballot, ex- shall be separately submitted to the elec. cept for such township officers as may, by tors of this State for their adoption or relaw, be directed to be otherwise chosen. jection, in form following, to wit: 3. Electors shall, in all cases, except A separate ballot may be given by evetreason, felony, or breach of the peace, be ry person having the right to vote for the privileged from arrest during their attend- revised constitution, to be deposited in a ance at election, and in going to and re- separate box. Upon the ballots given for turning from tle same. the adoption of the saic separate amend.4. No elector shall be obliged to do nmil- mient shall be written or printed, or piartly itia duty on the day of election, except in written andl partly printed, the words time of war or public danger. "Equal suffrage to colored persons? Yes;" 5. For the purpose of. voting, no person and upon all ballots given against the adopshall be deemed to have gained or lost a tion of the said separate amendment, in residence by reason of his presence or ab- like manner, the wordcs "Equal suffrage to sence while employed in the service of the colored persons? No." And on such balUnited States or of this State; nor while lots shall be written or printed, or partly engaged in the navigation of the waters of written and partly printed the words "Conthis State or of the United States, or of stitution: Suffrage," in such manner that the high seas; nor while a student of any such words shall appear on the outer side seminary of learning; nor while hept at of such ballot when folded. If, at said elecany alms-house or other asylum at public tion, a nmajority of all the votes given for expense; nor while confined in any public and against the said separate amnendment prison. shall contain the words "Equal suffrage to 6. Laws may be passed excluding fiom colored persons? Yes," then the said sep" the right of suffrage, and from holding any. srate amendment, after the day of office under the laws of this State, all per- one thousand eight hlundlred and 192 shall be a separate section of article sec- of public opinion in reference to this subond of the constitution, in full force and ject. Having had some experience in the effect: anything in the constitution to the practice of law, in the western part of the contrary notwithstanding. State, and supposing that I had as fair an The article was read a first and second opportunity as other gentlemen of knowtime by its title, and, with the resolution, ingo what public opinion w as, was surprireferred to the committee of the whole ai:nd sed to find so stirono a feeling in favor of ordered printed. abolishing tle grand july. I do not beRESOLUTIONS. lieve that it is the public sentiment, or that iMr. ROBERT'SON moved to take friom the pulblic sentiment that is here, is a fair the table the resolutions offered by Mr. exponent of public sentiment throughout AXFORD yesterday, relative to the absence the State. I do not believe that there is andper diem of menmbers. any colsidecrable number of the people in The motion was lost. favor of doing away with the grand jury.''he resolution offered yesterday by,MI. What have we heard? The delegate fromi IANscoM, relative to an ad'journiaent from Cass, stated that it was public opinion in the 1st of July to the C0th, being under his county. Now, with great respect to consideration, him, I doubt whlether that is the case with Mr. CHAPEL movedl to aimend the respect to his own county. I do not besame by striking out "Wednesday, July lieve that his colleagues would agree 10th,' and inserting in its stead "Ist day wiLth him. It may' be true in his immediof October next." ate ncighlborhood; unquestionably it is so; When, on motion of Mr. IrcCLELLAND, but in other parts of the county it is not the resolution was laid on the table. so, as I am informed. The Convention having reached the or-'WThat else have we? Why, sir, a small der of voice from the county of Macomb. It was UN'INISHMIED BtUS0IESS, stLate4 that a mneeting had been held in The same being the Bill of Rights, the some school house; and that there it had, question recurred on the amendmrent pro- with all confidence, been lesolved that the posed by Mr. S. CLIARK, to section 10, as institution of the grand jury shall be modifollows: fied or abolisheld. Add thereto the words "nor shall any pelr- Have any petiions reached us from any son beheld to answer for a criminial offne ohert qlrte? One would suppose that unless on thle presentment orindictneentr e of o1r ltgal tribunals would have found it a grand jury, except-' in cases of imlcpeaclh- out; thl:t the judges of the supreme courts ment, or in cases co nizable by justices of would have tried to get rid of the evils of the peace, or arising'c in the armiy or militia tlis iUstitutlon. One wouldl have suppowhen in actua l ser vice in time w of r e-or thi t-e people wIull have sent petipublic dang er, tions; 1but in the absece of all this inforMr. S. CLAR! Vh'! made a. fmo ai do tl:iiln tht it i ins idiscreet for tion to amenld section 10 of the Bill of -r hi',n to' al'o tAlsl this institution Rights, a section which I deem necesa on the ound of p ibiic sent i lent. to protect tic rights of vcr-Wv per:0on in llte The. rve, t!i's i'-_:~ssioJ will do good, J -, comlun.ity,.I dld t -i rso eteiel a it will m b' t''oght'bef: oe the people, arnd in discussion. But th time t.; x,, v i.t ti e G shatl o rn, hat is public thus sp ent, lhas nob bee' a ujn'?o-o.'! llY of cn'imcst. -,PuDli(e str!-i ient will sustain.fIt is a, q1ues-'ion of'!::~, 5.r moe:.v,, at ip e, hce a I::t i trion. 1t'e tlo' objections much as any hat has osr cm be?"ese:ued to the in:i't, i,-on? L:t u; examine them for tls abolition. I was not aware unt i proceedilgs eon overme here tat thee was. any expressionI crey. Well si I oetd L It Was ilu shie ld t'l pi 0. clon ii Ia o Siil:l iL p'uii'U 1moseO oy Wise an imstrednii by w- cc' i iiz e may mII. be oppressed it should be nlaowan, by puo- The dIo]e1.e fiom Cas [erl. SULLIVAN] lie discussion, so thiat the people may call compaihns tiat the institution is secret —its for its abolition. I was not vaware until I proceedings carried on and marked in secame here, that th1re was any expression crecy. Well, sir, I need only refer in an 193 swer, to the able argument of the gentle- ernment or by political partizans, or by man from St. Joseph. No person who heard private enemies. Nor is this all; the inthat argument could for a moment doubt dictment must charge the time and place, that it was one of its wisest provisions. and nature and. circumstances of the ofHe told you truly, that crime was commit- fence with clearness and certainty, so that ted in secret, and that it was only to be the party may have full knowledge of the counteracted by secrecy. Your horse is charge preferred." &c. Heinsists that the stolen, or your barn is burned, and if you institution of a git'a jury is a great sewish to arrest the perpetrator, you must curity against malici ls prosecutions by do itin secret. It wbuldbe unwise togive political partizans. Here, Judge STOREY, him. notice that he may flee from justice; who has had some little practice, takes ento make it public so that the news would tirely different ground; and yet he is proreach him, and the authorities could not bably as well qualified to, judge by his arrest him. learning and talents, as the gentleman This argument comes from whom? From from Cass. I may add the names of Kent prosecuting attorneys-law officers whose and Marshall to that of Judge Storey, whose business it is to protect your property practice and whose precept were in favor against rogues-men whose special busi- of the institution of a grand jury, as it exness it is to guard the citizens against these ists. I may, with propriety, oppose the depredations. Will they tell you to give opinion of your own highest tribunal to. publicity to the fact that the individual is that of the gentleman from Cass. Did you suspected, or seize him before he knows ever learn from the judges of the supreme that you are on his track, and then give court, that the institution of the grand. jury him a fair trial? In my judgment, secrecy could be diverted from its purpose to enis indispensible. able individuals to aratifyitheir malice? If Another objection there is, sir. The ithas not succeeded in preventing this, it arguments are, I consider, inconsistent. has failed inits object. Another argument The same gentleman tells you that the adduced by the delegate from Cass, [Mr. proceedings of a grand jury are too pub- SULLIVAN,i was, that every person charged lic. First he tells you they are too secret- with crime ought to have a public examiin a few moments he says all its proceed- nation. He appealed to the delegates of ings are known-that there is no secrecy this Convention, if they would not prefer about it. How much this argument is an open examination, and have an opporworth, I submit to the Convention. tunity for defence, rather than have a parBut there is another view which has ty go before a grand jury and get them more influence than any other-that is indicted. There never was a man yet the argument of my friend from Cass, that charged with crime, but would prefer to it put it in the power of malicious persons be discharged, or select his own tribunal, to prosecute their revenge. If that is so, and be sworn clear. This has been done, if the grand jury, as constituted by our time and time again. It would seem that laws, can put it in the power of any person the sympathies of certain gentlemen are all to prosecute maliciously and successfully, on the side of the accused; that they have it should be wiped out as a disgrace. But no regard for the public weal; that they do is it so? Most men have supposed that it not look to the protection of the persons was a protection to the citizen from com- of the citizens of the State. plaints founded on malice. For the pur- The grand jury is double security that pose of bringing authorities which will -a person arrested shall not have a trial unweigh more than anything I can say, I til twelve men, out of twenty-three, have propose to:read from Storey on the Constit- passed judgment, that there is probable tution, vol. 3, p. 658; after describing what guilt. So far from its being oppressive, it a grand jury is, its purposes, its object, is the'greatest security that the- citizen and what its, purport is, he says: can have. When taken before a magis.,It is obvious that the grand jury per- trate, he could defend himself; (formerly ~form: most important public functions, -and he could not;) but after that; he cannot be.are a great security t tho citizens against put upon trial'ntil judgment is:passed vim dictive p roseeautons, eithe- e by the gov- upon m'irn by thegrand jury- twelve men 49 194 outs-of.twenty-three —-the best men, and you perceive that thei Executive of.a taken from all portions -of your county; State requires proof beforehe hesurrenders and if the town assessors do their duty, him up. they are thebest men for capability. But Would mere suspicion that you be-constitute it as it should be, and as in most lieve a man has done this, or that you think cases it is, after his examination, his case he has done that, do? or would he require must be passed upon by these men, twelve that there be prima facie evidence? This agreeing; men, sir, who cannot be impro- you may not be able to obtain, except perly influenced; too numerous to be bri- through the instrumentality of a grand jubed or corrupted; so scattered through the ry. When a person is suspected of crime, country thatthey- have formed no opinion, a prosecuting attorney or any one else may and, therefore, cannot be prejudiced. go before a grand -jury, and the finding a.Is nof this a protection.Will gen- bill settles the question. The Executive tlemen tell me that it is no privilege, is:bound; he cannot go behind the indictbeing charged with crime, to -be brought ment; but a requisition based on an affibefore such.a body of men? Tell.me that davit he can deny; if the proof is not strong this is not a privilege? These, sir, are the enough he will; he would require primafaprincipal- objections urged against the, in- cie evidence of guilt to cause him to be stitution- by the- delegate from Cass; but given up. there are some other difficulties in'this Have we asubstitute for grand juries? i:o case, which he did not attempt to meet. answer has been made to this question,-nor I-n the -remarks to which he adverted, I an attempt to answer, except the. suggesdid not intend to go into the discussion fully; tion of the delegate from Cass, and -that I barely alluded to a difficulty which, to my was imperfectly shadowed forth. Did he:min'd; was insurmountable, and I briefly mean that a system of criminal informashadowed it forth; but,-perhaps I was mis- tion was to he resorted to? Does aprose-.understood. I attempted to show that cuting attorney stand up in this place there was a class of cases.not provided for, and proclaim this principle? I ask him and could not be in a satisfactory manner. to repeat-that instead of. a grand juI, did not attempt to show that you could ry he would resort to criminal informanot,upon affidavit, base a requisition; but tion. There is no man who has the I did state that I then. recollected two-ca- hardihood to assume any such ground. ses in which tit had been done; one was It would give him a notoriety which held, the other failed. would last as long as time should What was my object? Why, to show endure. What is a criminal informathat it was- an uncertain mode-that diffi' tion? An indictment in form and subculties attended it. If you see: one man stance, filed at the mere discretion of the shoot another, a requisition based on an officer of the government. affidavit will reach him, and the Execu- Mr. SULLIVAN-I stated distinctly tive of another State will be bound to-give that I was not in favor.of that plan —tht him up; but if it is only suspicion, with- information filed should be, valid by the out positive proof, there is no way to reach concurrence of one, two or three justices him except by a bill of a grand. jury. By of the peace, or whatever should be inyour laws, your magistrates have no ju- serted instead of that tribunal. I wanted risdiction. You have first to arrest the no proceedings instituted upon the word of criminal, then you can have an examina- a prosecuting attorney.tion. Upon this subjectlet me call the.Mr. S. CLARK-I did not believe that attention to the same.work that I have be- the gentleman dared or had the wish to fore quoted, Storey, p. 677. "All that assume that ground. But letus look one. would seem in such cases to be necessary moment at what he would attempt to subis that-. there should be prma facie stitute-let us see if it is better. He disevidence, before the Executive. authority claims the positionthat information should to satisfy the judgment that there is probable be filed on the mere motion of a prosecucause to believe the party guilty-such as ting officer, but is willing to do so upon the upon an ordinary warrant would. justify certificate of a single magistrate,.and this his commitment for trial." Now, sir, power to be granted to all-even to such as are elected sometimes in some of ourtowns.1 er the institution; that hwhoever should inDare a gentleman assume this position, and habit this territory should have the right of have it go to the people of this State? presentment and examination by a grand Does he wish to put a citizen upon trial jury, before he shall be brought to trial. upon the certificate of a single magistrate? In reference to the binding nature of this I: do not disagree with the gentleman about Ordinance lawyers differ. But without their character; they are useful in their assuming it legally binding, I might give'place, but frequently unqualified. the opinion of Mro Jefferson-he thought A citizen may be dragged from a for- that it was.- He was one of your proeign State upon the mere certificate of a gressive democrats. He deemed that it single justice of the peace. It resolves was a matter of some. little consequence. into this, sir: you can send for A, B and There was another objection which came C at the instance of irresponsible men-an from the delegate from WashtenaWo One accusation can be made that a citizen of a of the objections which operated upon his foreign State: has been guilty of a crime r — mind was that the mode and manner of you can drag him from home and put him drawing up an indictment made it almost upon trial. impossible for the prosecuting attorney to I appeal to the law offcers-I ask them discharge his duty with ability and fidelity — to reflect. There is something to be said made it almost impossible for him to preupon both sides, and it calls for the deep pare his indictment; being called on suddeliberation of this Convention. I trust, denly and unexpectedly, the indictments therefore, that we shall not take thisstep. were quashed and the criminals esThis institution abandoned, what remains? caped. This objection should not have What provision is there left to reach that much force. In most of these cases it is a numerous class of cases to which the gen- very simple matter to prepare an- indicttleman from St. Joseph called your atten- ment. In most cases, there are printed tion? He tells you that many crimes forms, where nothing is to be done except have been committed by large gangs from to fill up the name, date and offence, and a neighboring State, passing backward and it is not two mivittes' work to fill'one up. forward, doing their work in secret; and if But in most of these cases of offences y-ou do away with the grand jury what that have been examined, they are bound provision have you left to reach them? over. The prosecuting officer can go to I, sir, am not prepared to take this leap in the sheriff, ascertain exactly how many the dark-I dare not do it, sir. criminals there are bound over, have-all There is another consideration in refer- perfectly prepared, submit the indictments ence to this matter; and I do not allude to to the grand jury, and have them pass upit with. a view of giving an opinion other on them. When he knows the offence, it is than a legal argument-giving it and his business to be prepared. leaving this Convention to judge what Before I return to this matter, I will weight it is entitled to. By the Ordinance merely allude to the remarks of the deleoaf;-1787, this institution is granted to this gate from Monroe, [Mr. MCCLELLAND.] territory and the States composing the Coming from him I regretted it; for same. It reads: "No man shall be I know the influence which he wields deprived of his liberty or property but by upon this and other bodies. His judgthe judgment of his peers or the law of ment is in accordance with:that of the land."-(Kent's Com., p. 12.) Mr. nine-tenths of the people of this State-that Kent says, the words "the law of the is, in favor of retaining it; but perhaps land," as used in magna charta in refer- from looking around and seeing that it ence to this subject, are understood to mean was likely to be stricken out, he came fordue process of law; that is, by indictment ward as a mediator, and to preserve the or presentment of good and lawful men; form if not the substance. What does he and this says Lord Coke, " is the true sense say sir? that he sees no necessity after an and exposition of those words." Now, it investigation had been gone into before a was the intention (how far that -ay be magistrate, to go before a grand jury. If binding upon us now may be a question, a magistrate is as well qualified-if it is but it was the intention) to guarantee forev-'as safe a tribunal-if the party can be as well 196 protected before a single magistrate as he to provetllat tlis institution is a farce? canbefore a grand jury, then there is force We ar re:e'etmig as a-grave, deliberain his argument. If not, I- ask him t toive bodyming an:'organic law, by come forward; and save this institution. which the pie: otfi's "State are to be But he made inother remark in which I governed in year','ome.- We are exconour. I would, feeling as I do, much amining an institutifo'rymed by our prefer that it should remain as it is, subject wisest men; and if it has failed, let us to the future action of the legislature; I strike it out; but do not let it be ridiculed. would rather the question should go be- Other institutions have been abused. Thefore the people; let them examine it, and institution of religion is ancient and venercome to a clear, dispassionate conclusion able, and yet no institution has been more with regard to it; I would rather run that abused. Those who are ministers have not risi, than that this Convention should abel- always conducted themselves with propriish this institution. ety. Shall we strike it down, or correct If I am correct in my views, and if a the abuses and maintain the- institution? substitute is adopted, what will the people That would be what every Christian and say when you present. the constitution.for philosopher would seek to do-correct, their acceptance? They will say, sir, we reform-not destroy. But it hasbeen said sent you there for no such-purpose; there that precedent should have no influence. were palpable reforms called for; we sent In one sense it should; in another it should you there to reduce taxation; we sent you not. If the principle has failed, precedent. there to arrange the system to single dis- should have'no influence; but in the- abtricts, biennial sessions, and reforms in sence'of' this fact, it should. Precedents, town and county government;-for reforms to a great extent, control your courts. We in: the judiciary; we did not send you to are influenced in all the actions of life tamper with the rights and liberties of the by precedents, and with propriety, when an'citizen. Are we called upon to do this? institution has been established as this has. Has public sentiment demanded that so In the first formation of our government it:sensible, intelligent and deliberative a body was left out, and it came near endangering Ias this, should take this step? -I repeat, the constitution itself, when submitted to the-:sir, it is a leap in the dark. States. The public feeling was so much There was another attack upon the in favor of it, that it was amended; and it institution which-I deeply regretted at the has been followed up from that day to time, coming from the high source it did. this by every State in the Union. I would I allude to the language of the gentleman ask, in the absence of argument upon the from Calhoun, [Mr. J. D. PIERCE.] He call- other side, when we look back, is not pre-,edit a farce. Atninstitution, approved by, cedent worth something?- I ask you, if the names I have mentioned, a farce- you would destroy an institution thus esthat the highest legal tribunals have been tablished, without a substitute and without,enacting a- farce!:Is this the language a reason. Sir, it is like the farmer who that should be used on the floor of this would cut down the venerable oak which; hall-thus to denounce an instituitiov es- has furnished a shade and a protection for tablished for the liberty of the citizen-es- years, because it may have dropped an tablished by the wisest and best men, for acorn upon his head. the wisest and bestpurposes. We should be These are some of the reasons that indu-,enacting -a farce, a serious one though, if ced me to address you to-day. If I have we carried out the sentiments of the gen- erred, I am willing to be corrected; but I. tleman from -Calhoun. But he does not would warn the opposers of this instituseek to meet it by argument; he seeks to tion not to destroy it without they bring,create prejutdices; and by what means? By orward a substitute. Let it go forth, and. ridicule. ~ To my view, that is not the prope let the voice of the people be brought toway to treat a question of this kind.' What bear upon it. have we to do-with the nobility of Eng- One word with' reference to the propoland, which is an institution that- we have sition: I am not willing to change'it sub-:abandoned? What have we to do with stantialy.- I believe we ought to havethethe examples by whiceh he has endeavored'whole institution, or nothing. I do not 197 mean to be understood that I would insist forced themselves so palpably upon my obthat all the petty, minor offences should servation, that I could at all bring myself be investigated by a grand jury, but I to the consideration of the question, whethsee no reason why it should be cos- er or no, the system might be dispensed fined to capital ones. There is gene- with, and something less cumbrous and rally more pains taken, and stronger effirts expensive be substituted in its stead. The made; the party has a fairer trial than he district which returned me to this Conhas in other cases. It is to protect the vention, exclusive of the counties reprecitizen in many cases where the crime is sented by my friend from Chippewa, covnot capital; that the institution is found the ers an area equal to nearly one third of most beneficial. the entire State. Its boundaries cannot Mr. McLEOD-Mr. President: As I dif- be given more accurately than in the Ianfer in my views on this subject from those guage of a patriotic Kentuckian when boastexpressed just now by my learned and es- ing to a cavilling foreigner of the vast postimable friend on the other side of the session of the United States. " My counhouse, I shall proceed to a review of his try, sir, is bounded on the north by the Auposition, seriatim, with whatever of success rora Borealis, east by the rising sun, south and brevity I may. by illimitable space, and west-west by the The chairman of the committee on the DAY OF JUDGMENT! Such, as nearly as I Bill of Rights [Mr. S. CLARKli seeks to rein- can ascertain them, are the limits of my state a clause of the old constitution, which district. Over this vast expanse of terriwas omitted by the committee on the Judi- tory our people are scattered in little groups cial Department, and which tends to con- and villages, composed of small classes tinue in force the institution of the grand numbering a few hundred each, and repjury, as it exists at present, and has existed resenting an infinite variety of interests. from time immemorial. In support of his From these classes, spread over so vast a views'he has presented us with a skilful space, we are compelled to summon six of and elaborate argument, which, from the our grand juries; and that, too, in a region well-known abilities of that gentleman, and where every day taken from the time of his official position in regard to the subject, the juror is a serious interference with the may be supposed to embrace all, whether means of subsistence. What alternative is, of right or expediency, that can be said in then, presented us? Shall we give up catchfavor of the proposition before the Con- ing our white-fish and trout! Shall we vention. I shall, therefore, claim excuse if neglect our little crops of potatoes which I occupy more time in reply than I would protrude through the unfriendly gravel, otherwise feel justified in occupying from uncovered and unconscious of earth? Shall the general business of; the Convention. we neglect the craving demands of appeMy own position in regard to this sub- tite-the bare means of support for ourject is somewhat peculiar, as well from my selves and children, in order to inquire into geographical situation as the delegate from offences against the State? Or shall we the broad counties attached to and inclu- attend to the pressing interests of our own ding Michilimackinac, as from the fact that house-hold, and permit crime to go unI have been a Prosecuting officer for a whipped of justice. The practical effects' term of years, and have never, in a single are these. Crime is perpetrated with iminstance, so far as my memory now serves punity; misdemeanors passunnoticed; the me, appeared as counsel for the defence. restraints on vice are removed or lessened, As a consequence, I may believe that my until at length some felony of unusual: views and sentiments, perhaps my preju- heinousness throws us back upon the indices-indeed all those feelings of whatev- stinct of self-preservation, and we employ' er class or name which grow up from long the semblance of legal proceedings to prohabit and unwittingly twine themselves tect our lives and property. I say the about us-have all been in favor of retain- semblance of legal proceedings, for so iming the machinery which I have ordinari- possible, under our circumstances, is a ly employed in carrying out the duties of technical compliance with the law, that wve my office. Nor was it until the inconven- protect ourselves by the administration of iencies of the present grand jury system a modification of the Lynch code in fact; 50 198 dressed up, as far as practicable, in the your bill even if found?. I shall most as-. forms of law.. This condition of things suredly obtain leave toenter a nolle proseobtains, to. a greater or less degree, in ma- qui; and your object will be defeated." The ny, perhaps all,:of the smaller: counties, answer of the complainant, more true than and the results must ever be the same, to politic, deserves to be. recorded and perwit: an utter neglect or avoidance of the petuated. "I am aware of that, but my means of legal punishments, or else a sui- end will be cttlined. If the grand'jury cidal submission to wrong and.outrage. find a bill, as I know they -will upon the Which shall we choose? Accident must, ex paretetestimony I can introduce, it will in a great measure, determine., be said that twenty-three good men and I am satisfied, Mr. President, that the true, on their oaths, believed the accused documents laid before this Convention by to be guilty; and then, if acquitted by the the Secretary of State furnishes us, in a traverse jury, or discharged on a nolle very limited degree, with the actual amount prosequi, it will be said he escaped through of expenses, direct and incidental, which some quibble of the lawyers." Now, sir, we incur by reason of the grand jury, as it is true the bill was not found; but it at- present constituted. -Nor. are these ex- was only through the firmness of the Prospenses so trifling as the delegate from St. ecuting Attorney, who threatened to exJoseph would have us to believe. It is pose the. whole affair, and prefer a cornnot the mere amount of fees to the jurors plaint against the complainant himself if themselves, or to the returning officers, he should persist in his unhallowed dethat constitute the main items of expendi- sign. How many unrecorded instances ture, It is the vast and incalculable items are there of this-description! How many which do not appear of record, but which countless cases where the motive is mashow in the current expenses of the coun- licious-the object- oppression, and the ty and impoverish our feeble treasuries result disgrace and ruin to the hapless year after year. The counties of Oakland victim! Had that bill been found, a and Livingston can bear me witness to the stain would have attached itself for life truth of this statement, and so, I doubt to a guiltless man-a stain that not not, can most of the large counties of the all the waters. of the Jordan could have State. But upon this branch of the sub- washed away. The combined weight-of ject I am not fitted to dwell, all unskilled character of twenty-three sworn citizens as I assuredly am, to measure the value of would have been brought crushingly and any institution by the mere rule of dollars damningly to bear upon the reputation and and cents, or to place gold in the scale happiness of one unfortunate, and upon against any thing that may conduce to the his children and children's children after public weal. him. He would virtually have been accuI have a- more serious objection to the sed, tried, convicted and punished-aye, grandjury,; and one which has forced it- punished morally, punished terribly! Scorn self most painfully upon my attention in would have pointed her finger at his offthe execution of my official duties. Not spring; cowardly propriety would have long since, there were two persons, in a shrunk from his approach; the Cain-mark certain representative district of this State, would have been upon his brow, and in candidates for the same office. - One of his soul, and doubt, if not conviction of them was successful. The other, impell- his guilt, would have dogged his footsteps ed:-by-mortification and instigated by a de- like an evil spectre. And yet the grand sire;for revenge; resolved upon blasting jury may have been honest and averse to the reputation of his rival.;He preferred wrong. Talk as we may-reason from acharge involving a serious offence to the abstractions as we will, it is nevertheless a prosecuting' officer of:the: district. That a truth in the philosophy of the human officer, upon an examination of the matter, mind, that if you suggest even a bare inbormed the complainant that the allega- doubt against a man's character, however ions-:would.:nots. ustain -an'-indictment. unsupported by facts, you commit a posi-:'.Then,"-said.the:.compla.iant,',"-. I will go tive injury which time often fails to cure. to the grand jury, where I am sure a bill How much. more w.hen twenty-three men:ll-lbe: found-':-."-'But-:of whatuse will be of- standing in the commuity. -shall:have 199 solemnly put a fellow being on his trial, I am afraid,,Mr, President, that I must perhaps for -an infamous offence, upon cer- leave this branch of the subject upon whattain evidence locked up in their own breasts ever merits it may have, to wiser and abler and which he can neither discover or ex- heads than mine. Public sentiment, as a plain, rule for my conduct, is of indifferent potenI have repeatedly asked grand jurors cy at the best. If public sentiment be upon what grounds they found a bill; and right, I am guided by it as an additional have, in numberless instances, been an- and strengthening motive; but if wrong, I swered-" Well! A. B. and C. D. testified despise it and pursue my own way. I so and sw, and we knew that if the accused yield not my conscience, my tongue or my was not guilty, he could easily show it vote, in slavish submission to public opinupon trial. So no harm could be done. ion, as such; nor can I at all sympathize Besides, as the charge has been made, and with such as do. A decent outward comnwould be repeatedly brought against the pliance with the conventionalties of sociaccused, we thought it only fair that he ety, or the prejudices of a community, I should be put upon his trial that he might can understand and appreciate; but an unconvince the world of his innocence." In resisting submission to an uninformed and this case-by no means an unfrequent one wavering public opinion, which at one mo-a benevolent motive was pressed. into ment shouts "hosannah!'" and-thenext exthe service of oppression. The jurors seem hausts itself in "crucify him! crucify him!"' not to-have dreamed-that they were uniting I would trample as the dust beneath my feet, the weight of their individual characters On this subject I have with me the convicand official position to the' ingenious mal- tion of right, and I will present my own ice of the complaint and the ready testimo- views in my own way, though like old Bullny of the witnesses of, the prosecution ion, "solitary-and alone I put the ball in moagainstthe character of a fellow-citizen, tion." It seems to me strange however, sir, unfortunate and defenceless; to discover so general a misapprehension of >.Facts and reflections such as these, the position which we and each of us sushave induced me to examine into the tain on the floor of this Convention. I workings of the ancient system; and when hear on all sides of me the phrases of I found it.perverted from the original and "house," "constituents," "representabenevolent design of its institution-when tives," and others of the same purport, I found it a terrible instrument for the till I have actually fancied myself in a legpurposes of malice and the infliction of islative body attending to the ordinary wrongs-when I found it machinating in routine of business. secret and springing its mysterious plot- I do not consider myself as the repretings upon the unwary victim-when I sentative of a particular constituency, as I recognized it as an independent solecism should if I were in a legislative assembly. in our administration of justice-as a cum- I represent one-hundredth part'of the sovebrous and expensive machine for the ac- ereignty of the State, that is divided into complishment of an insignificant purpose, one hundred portions, and we hold them by I came to this Hall prepared to support a a sort of common tenure-we have the propositionifor its instant and utter aboli- sovereignity in common. tion.. To such a conclusion, have my ob- Now, sir, I know from what I have been aervations and reflections led me, nor have able tohear, that the people think they I been induced to swerve from it by aught have been oppressed, that they have -to I have yet heard from the ingenious and put a great deal out of their pocket and talented advocates of the system. get little for it; and they have sent us. I now propose, sir, to review the posi- here, as symbols of their distress, to carry tions assumed by my worthy friend the out their views; and whatever measures delegate from Kalamazoo and chairman of suggest themselves to me, I shall present, the committee, [Bill of Rights.] without reference whether the subject has His firstt position is, that the subject is a been mooted. or not. So;:far. with respec new one-one little discused amongstour to public sentiment. constitunmcies, and upon whir l pulic-senti- My -riend from Kalamazoo [Mr. S ment has not Been &oght to bedr. gCLARl says that the judges of the:S 200 preme Court would have found out this verse jury. They took a higher grade of defect if it existed. I do not know that. men; but this has long since ceased to exI have a most unlimited amount of vener- ist —we all feel ourselves to be kings and ation for them, but they are not necessari- sovereigns. We feel that the necessity of ly so far in advance of the age as to find such a state of things no longer exists, this fact out alone. They may not have that the end for which a grand jury was had time, as I have had, when perched up- instituted has ceased to be operative; in on a little rock at Mackinac, with nothing other words, that the same ends can be to distract my attention from all these mor- gained without the objections which are al and philosophical questions. urged against the grand jury. We have upon this floor two represen- The feeling that induced our fathers to tatives from the Supreme bench. One has institute a grand jury was an incorrect one, proposed-what? To indict a man before and it has been under correction ever since a grand jury of nine, and then put him on we formed our Constitution. It is a feeltrial by a petit jury of twelve. ing that has taken deep root and cannot be Now, there is some little doubt in the easily shaken; but, however excellent its minds of our jury with respect to this ne- construction was, however well it may cessity of a grand jury. The gentleman have at the time answered its purpose, the from Kalamazoo says that it was estab- main reason has ceased to exist. When lished for wise purposes by wise men. It we emerged from our revolutionary condimay have been so, but the reason that tion, all the details were a mere experibrought it into existence has ceased. I ment. We had asserted human liberty am willing to believe that at the time of its and raised a platform upon its broad basis; institution it was useful. I find that it was but in detail took the system of the old founded for the purpose of interposing be- world. Except with positive objections, tween the rights of the subject and the pre- every thing was retained, and when we rogatives of the crown; that at the time of formed our Constitution we took what was its institution human life and liberty were law before us, asking no questions for conas soap bubbles thrown in the air, and science' sake-so that no argument can be this was placed to guard against the in- drawn at the present day that it was injustice of the crown. When the crushed vented for a good purpose by wise men. worm turned upon its heel-when the peo- The gentleman from Kalamazoo [Mr. S. pie, whose liberties were held in its iron CLARK] says that the charges come from grasp, turned in their majesty and assert- the prosecuting attorney; so they do, and ed their rights and it was found necessary with a better grace than from any other toappease them by placing some obstruc- class of men. These twenty-three men tion between. come before the judges under imposing Another view has been taken-that it circumstances; but it is the prosecuting goes back into the dust of ages. Those attorney who is engaged in examining witwho wander in the dust get their eyes nesses with them-who knows the general sometimes blinded. views of the members of the grand jury, It was supposed that a traverse jury and it is he who knows whether its effects must be composed of the commonalities, are good or pernicious. I think, therefore, that they were more liable to be acted up- that it comes with a peculiar propriety on by threats and cupidity-,more at the from those engaged in the prosecution. disposal of the law officers of the crown Few can see the great strength of argument -than the gentry. They supposed that the that is used in reply to my friend from crown could threaten a traverse jury, that Cass, [Mr. SULLIVAN;] he. says his argua trial by a traverse jury would not be a ment works both ways, that it is public sufficient securityp Some gentle blood and private. It is so, sir, and its privacy was ipterposed; men whose thews and is useless and its publicity is useless. sinews were niot. hardened by toil and the Now with respect to the secresy in the case rough winds'. Therefore, the:knights and I mentioned: Here is an individual who gentlemen were interposed between the gans all the effect of punishment- where it.exaotiops of. the crorwn: and. the liberties Oa Ugh to have bee' an open.trial. It is of the s-object and the,ea'kness of a'ta- public where seces y would have been val .2.0.1 alible. The secrets are borne by the birds tives. The Executive of a State: would be of the air on the wings of the wind and no more than any boody else. the whole community know it-there is no Something has been said about the pecu. secresy where it would be valuable' to the liar aptitude of grand juries for detecting public safety. I aslk: you to look at this. If border crimes. Sir, I can see no good arguyou go Lbefore a prosecuting attorney and ment in this reasoning. You can lay any make a complaint, it may be done for mali- ihformation before a magistrate with more cious motives and may affix a stain. But secrecy and with as much certainty -of in the case of the prosecuting otfcer it is prompt justice being obtained, as by a bill but one man that gives his weight. If from a grand jury. I am fully prepared the complaint is before a magistrate, it is to go for an entire abolition; if the Cononly a magistrate; but When you assem- vention do not go so far, I shall go for the ble twenty-three men and can gain an in- proposition of the Heo. delegate from dictment, the weight of twenty-three men Monroe, [Mr. MOCLELLAND,] as that prois thrown upon you, if malice governs position I consider better than retaining them. the institution in its present shape. Now I am entirely at a loss to perceive Mr. TIFFANY —I am in favor of the thi argulment on the other side, with res- section, as reported by the committee. pect to the composition of grand juries; Its construction is simply this: it does the magistrates are composed of the same not abolish it-it does not consider a grand stuff as grand juries, have the same mo- jury requisite; andc we should neither in tives, passions, and virtues. Many of the sert it in our Constitution or abolish it; justices of the peace are members of the because if we do so, everytlhing will s'tand grand jury-if you have an intelligent still until the legislature finds a substitute. grand jury, you have an intelligent magis- Respecting the arguments of the gentletracy. If you have a grand jury ignorant, n from Kalamazoo, [Mr. S CLK,] if you have magistrates the same.' All men there was any force in them I was unable are of the same earth and are subject to to perceive it. If a magistrate r'eceives a thef same e ainflnences. complaint, and it is apparent that it is founded in malice, he would be liable il One.argument deserves notice-where triespass for it, and correctly too; but he we have to arrest a man on a requisition. trespass for it, and corectly too; but he The gelntlelman from Kalamazoo [Mr. S Imay go before a grand jury and upon the The gentleman from Kalamazoo [Mr. S, I o i t 1. ~'1i.i 1 *' same evidence obtain an indictment aad CLARK] tells us at the same time, that if, that throws around the prosecutor of' thi you go to the Executive of a State for a re-alse acsation a wa lle prosecutor of twh quisin y. ms gv i fi ei false accusation, a wall of defence —whereO quisition, you must give prinza facie evi- dence be u get a re..uisit, by they are shielded from all liability dence before you get a requisition. Sir, J n h e i * * -s'T do~no *'isb ti. z1' 1- -L n shd,^ L si.' ~l against their illeb'al aces. -This is where do not wish that a man should be arrested - on suspicion. Does a grand juy do th? Ave should object to the system. It goes on suspicion. Does a grand jury do this'? 1 * *. b.... * 1,1 * i n " mi' * *1 beyond the law, in bringing a man to anNo sir, there is probable cause. This is the e th-, in b a mal an1 i, swer ill the courts, of JusWice. The law case where we go to a board of magistrates sells to ther ce gras justi'il he law or one magisstrate. The prosecuting attor-as t e te ra ury, 1,^ T 1'. O ii l'rand iury can be ngip an innocent _man to ney must show probable cause, or it should gnc juy cn b. an *-' 1 a ~~ trial With uo evidenee at all. not go before either a magistrate' or a e is other objection to the granl grand jury, and the same weioht of te.i'These is allother objection to thre grandt grand jury, and the. same weight of testi- complaint is presented to u s. When a cons sllaiiit is presesited to mony that would induce a grand jury to. eofedant has 1 1find a bll, a deeaate in isui a wf te pece. t, efrend a hs rant, would authorize the executive to conm- t to d u a d lply with'-the srequnisition. jury the witniiesses are shut up, and what. ply with the requisition. n does it avail if hel can show his innocencei? If crimes are brought to my notice, if le must go befoie a traverse jury to prove' probable, cause is shown that als offence his innocaence The opportunity of inveshas been committed, however mean the tigating crisme before a nmagistiate is greatconditioi of the informer, I see no argu- er than it is before a grand..juryi. Before nmeit that would throw-me upon the grand the latter' the p rosecutin' attorney is the jury rather -than uvpon'-a' magistrate, for only man whose adVice'is taken. Befoe' they are all influenced by- the samte- mo- a magistrate there is an examination of the' 51 facts. Then, if the justice is satisfied that stittions of our forefathers, than I do. Thig thlere is przia cfaccie evidence of guilt made is a beautiful and -noble sentiment —the revout, why not try him without the present- er-ence fr antiquity. Yet, though many ment ofagrandjury? I am, lhoevcr, oppo- years have rolled by and found this instised to its abolition. Let us leave this sec- tution still honored and admired, weshould tion as it now stands for to lel 1_islat ure to not therefore be blinded to its faults. say what disposition shall be madie of it. In the country from which nearly all of Let the legislature decide weheer cimes es us derived our origin, there was a time when shall be presented by grand juries~ or some baronial halls were found all over the other mode; but let us not abolish it by the country; when the rich and the great armconstitution, wyhen we have not any mode ed andc entrenched themselves in strong proposed that can be substituted in its fortresses to protect themselves; when place. Before the legislature meets, sev- might was right. But now, where the old eral courts will be held, and they will, by fortresses frowned, are seen beautiful vilthe abolition of the grand jury, be deprived las. And this arises from the greater seof the power of proceeding. curity of life and the operationi of known MIr. IMcLEOD-The schedule could and equal laws. manage all that. The institu.tion of chivalry, too, that has Mr. ROBERTSON-I do not expect to done more in a barbarous age to ameliothrow much light upon this subject, but I rate the condition of mankind than any desire to add my feeble testimony to that other, that of religion alone excepted, has of others, against the system of grand ju- fallen before the scythe of time. It incul-'ies; and I conceive there has been. a catec high and honorable sentiments. B'ut misrepresentation on this floor, in regard they have done their work-the masses to the force and extent of public sentiment have become inoculated with them; and on this question. I would notbe governed the knight is no longer seen careering on by public sentiment when it is clearly his steed. against my own convictions of right; yet The institution of grand juries is more I would bow to it wilt all proper deference ancient than chivalry, and was in existance when it is right. lrearly a year ago, an before the feudal system. It was of Sawx article appeared in a Macomlb paper, which on origin; and in Saxon times it was newvas copied in nearly all the democratic cessary to find a bill of indictment —twelve newspapers in te tmate. It went for the men composing a grand jury, and their total abolition of grand juries, and was decision being final and conclusive, except generally approved of. There is a feeling when an appeal of battle was claimed, or prevailing through th length and breadth some other of the ancient tests of innoof the State against grand juries. cence or guilt. By degrees it has been The gentleman fromi Kalamazoo, sir, has modified, until it has become the system made some rather sarcastic remarks upon we now so muich admire. It has been said, the public meeting in Macomb, held at a here, Mr. President, that t was instituted school house. It was a large and respec- in the first place, as a check against the pretable,meeting of the citizens of Romeo, held roogatives of the crown; wrested from King at a school house, because it was a larg'e John by the armed barons at Runnymede. building; and the delegates from thle coun-'This is not so. It was at first a mere court ty of Macomb were requested by thnat of inquiry, under the Saxon laws, to invesmeeting and others, to use all holnorable tigate and punish crime. But after the means for the purpose of abolishing gorand Norman conquest, when the strong arm of juries. These resolutions, I allow, would power had crushed the spirit of liberty, it not entirely influence me against grand ju- was then first claimed as a check on the'ies; but from an examlination of the work- power of the crown, by the barons and ings of the system, I am convinced that it gentlemen themselves, who alone formed is unnecessary, and even oppressive. No grand juries. man nmore highly esteems the high and CGentlemen say it has always been the Ihonorable sentiments uttered by the gen- bulwark of the people. Has it always given t.leman fromn Kalamazoo, while giving hlis protection to life and liberty? Let them reasons for clinging to tie time-honored in- look at the long black record of the Eng '203 lish State trials for the answer. Letus ex- case-that he might do nothing i mprop amine the mode of a prosecution by the erly that would affect the liberty of the crown. The king appointed the sheriff, citizen;:and he selected as he pleased, the grand It has been supposed that the plan rejury. He would, of course, appoint such commended would lead to great difficuities. men as would please his master. We have But would this be the case? On an exam;nall read of the bloody circuit of Jeffres. ation, the testimony is reduced to writ-ilc Why could he, at the conmmand of Jamies, aid signed by the witness, when the recordt perpetrate such butcheries? Because the ad testimony are sent up to the snupeior crown had, in its own hmand, tile instru- court. I woulld be in favor of the prosecuament by which both grand and petit juries ting attorney fl.g an information in the na were summoned. Tihousands of judicial ture of a indictment. This mioht be done murders have been brought about by immediately, and the unfortunate, perhaps, means of grand and petit juries. They innocent man, soon brought to trial, and have committed the basest of crimes, and not left to rot in a jail before conviction. have murdered the most innocent of men. It is for the benefit of the poor man —the 3Public sentiment is not yet ripe; buit 1,,,lrich man can find bail, and sometimes forhope to see the day whlen traverse juries feits it to escape from justice. The poor will not be considered in the same light as man should be brougit to trial as soon n they are at present; but crimes as well as possible, that if he can, he may show his';allother questions, will be tried by judges innocence at the earliest moment, and save elected by the people, andc responsible to h otherwise blasted reputation. I con them'.,.,.., tend it would be for the benefit of the What is there in this inusitution that pro- criiminal, as well as for the saving of extects the citizen? I may add my slight ex- e The machinery would be less perience as a prosecuting officer, to that cuibersome, and justice more expeditious already given, that in nearly all the cases Besides, the weioht of the influence of a where crime is really committed, an exam- bill found by twenty-three good men of a ination takes place first before a magis- county is sufficient, in many cases, to damn trate. If the accused is held to bail or the cause of the person accused. committed, he awaits the action of the grand jury, which almost always under The gentlema n fom alam azoo [Msr. such circumstances, finds a bil. A grand S. CLARK is afraid that certain classes of 3iry sometimes find a bill on the oath of criminals cannot be arrested; that there is a complainant, without a full investigation no mode of proceeding against those who of the facts, and frequently on mere suspi- are susspected of crime. Can we proceed cion. So that all the purposes of justice, ustly against any man or men oni melr in my judgmelnt, are more fully met by an s ispillon? I l oposed to the spirit of exanmination before a maoistrate. After an our iltitti, an — -examination has been had, the prosecuting Mr. S. CI.ARK —I said for the purpose attorney goes before the grand jury with of getting proof, where there was no the case, and the testimony for the prose- means of getting testimony, except by a, cution alone is stated; and that for the de- grand jury —that the grand jury could find fence withheld. What is the use of this, proof where no other means wvould avail, when they are almost certain to find a bill? when a party is not arrested. Nay, I have heard magistrates say, that as'Mir. ROBERTSON-I-WWell, sir, if crime the matter was to go before a grand jury, is suspected in any part of this county, can they would hold a prisoner to bail, when I not the prosecuting attorney or complain-am positive that, if they had been called ant go before a magistrate and inforlm him, upon to say whether the accused sho zuld by affida vit, thlt) he believed so, cite his be tried or not, he would have been dis- I wtnesses and have an ex par1e'prelimimiacharged from custody. I want no such ry examination- a sort of little grand tampering with justice. It seems to me, jury? If thLe law is not sufficiently stringthat if a magistrate was called upon to ent now to compel their attendance, hoow decide without the intervention of a grand easily could it be made so. I believe that jury, he would more carefully examine the can be cone, and has beeni done, as tle 204 law now exists, so that the objection is of whipped of justice. Others contend that no validity. it is not essential to the ends of justice. It has been suggested that a person Conflicting views are presented by gentlemight be put on trial through the malice of men from the same county. Then what an officer. I think there is no clanger of is our duty? Shall we —hen men whose. that, for the pressure of public sentimentis opinions are entitled to the highest considupon him-lie is responsible to the people. eraition thus differ-shall we insert in the The writ of habeas corpus still remains — fundamental law of the land, words that we do not propose to abolish it; By that writ will forever make the institution absolutely we have a right to examine into a commit- necessary and imperative upon the coun tal and the testimony on which it Was try? I trust not. Shall we take the othfounded. It is the easiest thing in the er extreme, when public opinion is not setworld to bring up a case and settle thze tied? I trust nob. question, whether the criminal is properly Let us look back but a few years. How held to bail or not. long was public sentiment discussing other The argument of expense has been ad- subjects upon which it is now settled-for verted to. While I should think nothing instance, the propriety of electing a justice of the expense of maintaining a valuable of the peace? Ten years ago but few right, I would avoid any useless expense men dared to hazard the opinion that judges if possible. An examination takes place should be elected, and the finger of scorn before the magistrate that would be the was pointed at it by every professional same by the system proposed. Under the man in the State. Now how changed, and present system you incur the additional within ten years; and the light of experiexpense of going afterwards before a grand. ence shows that it is perfectly safe and the jury, summoned from all parts cf the best way. So with some other officers. county-paying the sheriff for summoning Shall we in this matter fix the term in the them-again summoning the witnesses for constitution, when within live years the the people-paying for the attendance of spirit of the age may demand a change? three or mnore officers to wait upon the Does the gloom of antiquity so dazzle the grand jury-and what is worse and more eyes of the gentlemen? useless than all, taking up the time of I am willing to leave it to the Legislacourts and sinking vast amounts of money ture; if public opinion demands it, it will by those frivolous cases which might as be abolished; if it is found that justice is well be disposed of at once before a mag- perverted, it will be restored.'The Leg' istrate. It seems to me, sir, this expense islature will, to the extent of their ability, might be done away with without injury carry out the wishes of the people. Pub. to the citizen, and with great advantage to lie sentiment is not yet settled; do not the- pockets of tax-payers. abolish it; you may inflict a serious injury, I am opposed to the amendment of the but do not place it in the Constitution. gentleman from Kalamazoo and hope it You may find that you would be bettCer will notprevail; and further, I think grand without it. All must agree that it is exjuries slould in express terms be abol- pensive. ished. If there is any thing to be corrected, it; Mr, BUSH-I have listened to the discus- is the serious expense of the Government. sion. with considerable interest, and I have The people have cried out for reforms in concludedthat our duty is marked out and the expenses of the Government, and clear; mine is, at least. I believe that this perhaps there is not any one thing that can Convention is as good an exponent of pub- be dispensed with, that entails as much exlic sentiment as any we can have in the pense as this institution. It has been an State. Well,'sir, taking the views of the expense to the county of Livingston, of different delegates, what do we learn? We from $10,000 to $20,000. It may be of use, learn that doubts exist with regard to this but leave this matter as it has been reporinstitution in the minds of most. Some say ted, and we are safe; take either of the that it is not safe to abolish it-that public extremes and we m -ay do injury, while the justice cannot be carried on without it, matter will soon be settled by public opinx and that violence and crime would go un- ion. 205., Mr. McCLELLAtND offered the follow- Is he sure that such is the opinion of the ing as a substitute: "It shall be conpe- Judges of the Supreme Court? He is in fatent for the Legislature to change, modify vor of an incependent supreme court sysor abolish the present grand jury system." tern. Is he certain that this is the system Pending which, on mnotion of Mr. which they would recommend? He had WHITE, the Convention then adjourn- said that we are not to await the recomed. mendation of any department of government. Still less are we to wait the action of the judiciary-a department for whiclh he had indeed high veneration —whose Afternoon Session. habits and pursuits were such as to give The Convention was called to order by them great powers of analysis and reasonthe PRESIDENT. ing, but who, were yet, from the necessity The President announced a commnui- of their pertinacious adherence to prececation from. the Auditor General in answer dents, apt to acquire an undue reverence to a resolution of inquiry adopted by the for the past, to entertain a fondness for anConvention on the 17th inst.l cient institutions and a disinclination for The same was read. and laid upon the important reforms. There were eminent table. exceptions to the rule; but the rule he beThe Bill of Rtights being under consid- lieved to be as he stated. We have been eration, referred to the opinion of Judge Storey in Mr. SULLIVAN remarked, that having favor of this institution. He did not untwice before addressed the Convention derstand from anything read on this occaupon the subject of abolishing grand juries, sion, that he was in favor of it. Judge he should say but few words, and that by Storey gave a history of grand juries, and way of reply to gentlemen who had to- spoke of it as one of the designs of the inday addressed the Convention on the other stitution to interpose a shield between the side. The gentleman from KaM lamazoo, citizen and unjust accusation. It was [Mr. CLARK,] had inquired why, if the merely historical. He did not consider it grand jury system is a bad one, the Judg- as an expression of his own opinion in refes of the Supreme Court, had not petition- erence to the subject. If it was, we are ed.for its abolition. He did not pretend not to be shackled by it. There is not an to know what the opinions of the Supreme error in science, or politics, or religion, that Court Judges were upon this subject. He may not be bolstered up by the authority denied, however, that it could be fairly in- of some great name. He could prove by ferred from their silence and inaction that the same authority which the gentleman they are satisfied with the system as it is. quoted, that judges should hold their office Obvious considerations of propriety and during good behavior, and that they should delicacy would prevent them fiom making be appointed by the Executive. It is only an attempt to influence, as a body, the ac- by breaking over the authority of great fions of this Convention. As inlividuals, names, that important reforms are ever they are entitled to their opinions, and the effected. The Savior of mankind, the free and unrestrained expression of them; greatest of all reformers, demolished at but; to bring their official power and influ- once all the ethics of the schools, and all ence aid dignity as a body, to bear upon the institutions of religion in the world, this Convention, would savor far too much Our reformed protestant religion, in whicl of dictation; and he wvas satisfied they most of us believe, was founded upon thl had no disposition to do it. He did not ruins of errors that had existed for centlu approve of awaiting the recormmendation ries. of any five or six men upon this subject, When he addressed the Convention for however eminent their position or talents. rerly, he stated that it was vastly bette: We are sent here to frame a Constitution for the accused that he should have without dictation from any quarter. It is public examination, where he could cross to us the trust is confided and according to examine witnesses and introduce evidence our own judgment it is to be fulfilled. The gentleman from Kalamazoo [Mr. f The gentleman from Kalamazoo [Mr. S. CLARK] admits that it would be better fo CLARK] is in favor of an elective judiciary. the accused, but not equally -well for th 52 206 public. Now, it struck him with great ner, what he had himself stated but feebly force, while he made this admission, that and imperfectly. The complaint, as had in quoting the opinion of Judge Story as been forcibly said, was both against their authority, he repudiated the reason upon secrecy and publicity. They were secret which that opinion was founded. The rea- where they ought to be public —they were son which Judge Storey assigns for a grand public where they ought to be secret. When jury is, that it tends to shelter the inno- persons are complained of to a grand jury, cent from unfounded accusations. Now, the crimes of which they are accused and the gentleman from Kalamazoo insists up- the restult, every body finds out; for these on it, only as a measure beneficial to the are facts disclosed by witnesses, and they public. While, therefore, he presses upon are precisely the matters which should be this Convention the opinion of Judge Sto- secret. The manner in which the examrey as a basis of action, he admits his inations are conducted, the kind of evientire want of confidence in the reasoning dence received, the- exhibitions, if any by which it is sought to be sustained. exist, of partiality or prejudice, these are The Ordinance of 1787 has been supposed, matters which should be public. Substiby the gentleman from Kalamazoo, to tute one, two or three magistrates in the stand in the way of abolishing grand ju- place of a grand jury, let them receive ries. It provides that no man shall be de- complaints secretly, and where the accused prived of life, liberty or property, except can be found, let the examinations be pubby judgment of his peers, or by the law of lie, and you obtain the double advantage the land. It is insisted, and authority is ofsecrecyandpublicity —of secrecy where produced to sustain it, that the design of it is wanted, of publicity where that is dethe provision was to secure to the inhabit- sirable. A great deal has been said of ants of the north-western territory immuni- the incompetency of magistrates to disty from punishment for crime, except by vir. charge the duties which will devolve upon tue of establishedlegal proceedings, among them if grand juries are abolished; and which is a presentment or indictment by yet these same incompetent magistrates, grand jury. It appeared tohim that it was in point of fact, bind over almost every quite a strained and far-fetched construe- person who is convicted of infamous crime. tion of the Ordinance. But, whether that The practical effect of the proposed measopinion was just, or whether the Ordi- ure is to change but very little the power nance of'87, rules of inheritance and all, of magistrates-it is principally and almost had any application to us, were questions entirely to destroy another tribunal. In he should not consider. HIe did not be- opposition to the opinion expressed of the lieve the Convention considered it all ap- utter incompetency of magistrates, he replicable to us. Innumerable regulations ferred to the fact that ever since we had had been passed in this State in opposition been a State, and long previous to it, they to it. The gentleman from Kalamazoo had been pronounced competent by the himself [Mr. S. CLARK] virtually discards people to try civil cases where the amount it as authority. For, if it is binding, no in controversy did not exceed one hundred man can be punished for any offence with- dollars. To do that requires a far greater out indictment or presentment by a grand stretch of intelligence than to discharge jury; and yet the gentleman does not in- the duties proposed to be confided to them, sist upon presentment or indictment where because the criminal law is far less comminor offences are committed. plicated, and its administration requires He had been charged with gross on- far less legal learning than that of the sistency in complaining at one moment that civil. Consider the vast number of cases the proceedings of the grand jury were disposed of by this tribunal, a number far secret, at another that they were public. exceeding that of all the other courts com-'He had supposed that he explained him- bined-consider how few cases are taken self upon this point in a manner not to be by appeal or certiorari from their decision; misunderstood. In this he regretted that compared with the whole number adjudihe was mistaken, and was glad that the cated, in how few instances are their decigentleman from Mackinac [Mr. MCLEOD] sions reversed, and he thought it would had explained in his clear and lucid man- be manifest to any one that their incompe 20? -tency was not as represented;. but that, on twelve patriarchs, twelve apostles; but the the whole, whatever individual exceptionis n-umber of seven is no less peculiar. There might exist, they were a substantial, Intel- are seven stars, seven seals, seven spirits ligent and trustworthy body. He would seven wonders, seven wise men, and many not pursue the subject further; he did not other sevens; and for what good reason rise, as already stated, to enter into a vin- should not that be the number as well as dication of the propriety of abolishing the magic number of twelve? grand juries, but simply to reply to some I did intend to have answered the argu-.argumeuts in favor of its continuance to ments of the gentleman from Kalamazoo, which he had not before adverted. That but they have been fully answered. he had done, and as the discussion had One remark I may make. Would the been protracted and the convention were ev- Governor of any State refuse to give up a idently becoming weary of it, he would person when the requisition was in accorpursue the matter no further. dance with law?: Must \re keep the grand Mr. J. D. PIERCE-I do not rise, sir, jury in session for the purpose of making to make aspeech, as the remarks in favor these requisitions? Must not the Execuof grand juries have been so fully an- tive conform to the laws of the State? I swered that there is no need. I wish to think it an absurdity to affirm the contrary. read from a law magazine. At the quar- Mr. HANSCOM said that he had lister sessions for the county of Middlesex, tened with profound attention to the deEngland, the judge in his charge to the bates upon this, as he considered it, most grand jury, remarked, that he hoped the important question. But one gentleman, bill to abolish the grand jury system, then his honorable fiiend from Kalamazoo, [Mr. before the House of Commons, would pass CLAR,] had argued in favor of the incorinto a law. The editor of the Law Mag- poration of the provision contained in the azine says: "We wish our judges would old constitution and in the constitutions of fobllow his. example, as it is time that this the various States of the Union, as applied relic of oppression should be dune away, to grand juries. Several gentlemen, for and that grand juries be no longer per- whose opinions he entertained the greatest mitted to sit in mystery and darkness in respect, had advocated the other extreme, this land of freedom." and proposed, not only the total annihilayThis is good common sense, and accords tion of the grand jury, but, by the incorvwell with the principle that grand juries poration of a restrictive provision, to place are inconsistent with the principles of our it beyond the power of future Legislagovernment. tures or of the people, except by a re-orAre not magistrates our own country- ganization of the organic law, to create or mnen? Grand juries are the same.- re-organize it. I wish to see the day come when the Common courtesy at least demanded judges will be elected by the people; not that some answer should be made to the looking back to the dust of past ages, but gentlemen who had so liberally showered adapting themselves to the wants of the invectives upon an institution that, by present day. I do not believe that the many, was regarded as the safeguard and wisdom of ages gone by should be exclu- shield of the citizen, and the best guardian sively looked to; there is wisdom in the of the rights of society. present day, And I believe that there is This contest has assumed a triangular more protection, more safety in the officers form-the two extremes and the middle elected by the people, than in all the grand course, or that policy that has been allujuries there has ever been. ded to as the one favored by the honoraIn reply to the arguments of the Presi- ble gentleman from Monroe, [Mr. MCCLELdent, in respect to the moral power, I stated LAND,]-placing him in the attitude of a that there was moral power in a great ma- political trimmer, a character not unlike ny places-in a school room-not only in that by the accomplished historian, Mc Cauplaces-in a newspaper; and that many ley, ascribed to Halifax. But he was feartrials before a grand jury were farces. ful that he should, upon this question, be What magic is there in twelve? It has compelled to adopt a similar policy. He teen said that there were twelve tribes, was unwilling to adopt either of the ex tremes-there was danger in the one, and ing magistrate, an indictment followed, the other, in his judgment, was impolitic So far as his experience and observation and unwise. were concerned, such was far from the Both wisdom and- prudence would die- fact. On the contrary, not to exceed onetate that before we tore down and razed half, or perhaps one-third, of the persons from i-ts foundations the edifice that has who, by the determiniation of examining sheltered us from infancy to manhood, we magistrates were held to answer, were inshould at least make preparation for the dicted. The grand jury, selected from the erection of some tenement to shelter us great body of citizens, scrutinized with from the tempest and the storm. But great care the character of the parties cornhere one proposition was to adopt, as ap- plaiing and charged-the nature of the plied to the affairs of society and to the offence-the motives that influenced the administration of criminal law, this unwise complainants-the amount of credit due andimprudent course. He warned gentle- the witnesses. Strangers to the transacmen that they were treading on dangerous tion, uninfluenced by fear, favor.or affecground. tion, their finding was generally just. ExAnother proposition was to retain the ceptions there were, it was true; but those. present system as it was, with all its few exceptions furnished no argument cumbrous machinery and manifest defects, against the system. As well might. i;t and to place beyond the law-making pow- be argued that the Congress of the er the means of applying a corrective. As Union or the Legislatures of the States applied to the higher grade of offences- should be abolished, or that all your ju. those involving life or punishment in the dicial tribunals should be suppressed, beState prison-those that render the citizen cause of the enactment of bad laws or the infamous and should operate as a depriva- giving a bad decision in isolated cases; the tion of the most valuable and sacred rights institution of christianity might be assailed -he was disposed they should be passed upon such an assumption, with quite as upon by some tribunal, analagous at least, much propriety. to the grand jury, before the party charged But another and great objection is, that should be put upon his trial before the tra- secrecy is among the recognized modes of verse jury. proceeding in grand juries; and that by It was one of the citizens' most valued reason of that fact, injustice may be done rights-it was one of the guards that wis- to the citizen. Gentlemen forget that the dom and humanity had dictated and expe- objects of a grand jury are two-fold-the rience had proved necessary to be placed protection of the individual is one; the as a barrier to shield the individual against guardianship of society against the depreoppressions of government,.the influence dations of individuals, is another; and this of associated power, or the designs of the feature in its organization, is designed to malignant and vindictive prosecutor. But subserve particularly the latter. It might what was the substitute proposed? The also be important as applied to the reputaold monarchial covert and the meretri- tion of persons charged with the commission cious system of information, that had pre- of crime. Crimes are ever perpetrated in sevailed and would prevail in the absolute cret, and no effective system of police ever and tyrannical governments of the old has been, or could be devised, unless the world. It would be found but illy adapt- operations of the agents to whom those dued to the free institutions of our own coun- ties are confided, acted with secrecy. The try, and, as he believed, destructive to pri- torch of the incendiary has been applied vate rights, and abhorrent to the feelings of at midnight to your dwelling. The crime every freeman in the land. has been committed; and it becomes the; As a matter of economy, examinations duty of those administering the law, to before justices of the peace were proposed ascertain the perpetrators. The law of neto be conclusive, and force the party cessity, of self preservation, compels you charged to appear before the traverse jury to investigate in secret. in the circuits fortrial; and it has been re- But another objection is, that it is antimarked that in all cases where the party republican and anti-democratic; and the was bound over by the justice or-examin- course of argument adopted to prove it 209 would equally well prove that every insti- tors may ruin the innocent citizen-that, tation designed to guard property, liberty, under this system, the expenses of the or life, was equally so. Much had been administration of the criminal laws are said by gentlemen, as to the danger of pla- to be decreased-the persons compocing in the hands of a malicious prosecu- sing the grand juries are frequently men tor the means of destroying the reputation unfit for the duties. Then comes another of the citizen, by continuing a system class who tell us it has existed long enough, where the proceedings were shrouded in and we ought to experiment in something mystery. In theory the argument sound- new. Experimenting in your fu.ndamental ed well, and had at least the merit of ap- laws was, to say the least, dangerous. But pearing plausible; but practically, it had let us look at the charge that is urged, that no foundation; and in fact, the very oppo- this institution endangers the rights of the site was true. But was not the plan pro- citizen. My judgment leads me to conclude pesed te be substituted open to much more that the reverse is true. Who ever saw a serious objections? You may have'an in- grand jury assembled, that had not upon competent prosecuting officer, or an in- it some gentleman of the highest order of competent examining magistrate, and the intelligence; of a thorough acquaintance ends of public justice be defeated; or you withhuman nature, of sagacity and intelmay have a malignant and malicious pios- ligence, who was seldom at fault-men, in ecutor, and the rights of the citizen endan- short, of most honorable and manly chargered; and while he had the highest re- acter? Such, sir, is most unquestionably spect for justices of the peace, and regard- the fact. By reason of their isolation, they ed them generally selected with reference cannot be supposed to partake of the preto their fitness, it was needless to deny but judices or the feelings, one way er the oththat stupidity and ignorance, knavery and er, that of necessity exist in the neighrascality, at times, were elevated to the borhood or immediate locality where the bench of that class of courts; and here it offence charged was perpetrated, or where was proposed to leave to that body of men the accuser and accused reside, and have -to the dicta of either of the four propo. their respective partizans and friends; and sed to be elected in every township-the as a necessary and natural consequence, power to not only commit or bind over to their action would not only be entirely imanswer, the party charged, but to make partial, as applied to the people and the their action conclusive upon the proseca- party charged, but absolute independence ting officer, and absolutely put the accused of action is secured, the natural and necesupon trial before the traverse jury in your sary element to induce the fearless and efcourts of record. Either he was entirely ficient administration of the law; and sir, mistaken, or in the more populous coun- it is not at all presumable that a body of ties the criminal calendar would be loaded men thus selected fiom distinct and differwith a number of causes, as yet entirely ent localities, and placed in the jury box, unprecedented in the history of the State; will act otherwise than right and just. and not only enormous expenses entailed These are the same men who constitute upon us, but a flood of evils follow the ar- your justices of the peace; and it is a farrangement, that, when aggregated, would fetched and unwarrantable conclusion to be unendurable. The proposed experiment say that any one of this same number was a dangerous one, and he asked gentle- could better guard society and the individmen to reflect that the proposed asnend- ual charged, than the whole body when ment placed beyond the power of the le- acting in concert, and their inquiries digislature to restore the present system, or rected to the same end, and having in one analagous to it, except by a constitu- view the same purposes. The individual, tional amendment. Leave it to the legis- who, instigated by malignant motives, delature, and the people at least, to pass up- signs the ruin of an enemy, would find far on the question, so that if your experiment greater facilities before a single justice of fails, they can at least have power to re- the peace or examining magistrate than construct what we have torn down. before any grand jury that ever yet was But, sir, what weight is there really in the empanelled. If a man of wealth and inobjections urged —that malignant prosecu- fluence, he could at all times procure the.53 2A10 aidof talented, yet unprinciplyd legal ad- pursue inquiries, designed to ascertain who visers, to aid his schemes of vengeance. has, at midnight, assasinated a fellow citiHe selects his own tribunal, and the individ- zen, or who is the incendiary who has apual trius selected, would of course be cho- plied the torch to your dwelling, the merit sen with special reference to his adaptation of the discovery is due to members of this to consummate with most certainty the Convention, and the science of government work of destruction, and the ruin of the and of the administration of the criminal party accused; and here, sir, the fiat of law has been, as yet, most imperfectly unthat magistrate so selected isto be conclu- derstood. Sir, the very fact of a crime sive upon the innocent party. He stands having been committed, presupposes that before the world a convicted felon, until a it was perpetrated in seciret. The fact that trial before a traverse jury, involving him a crime has been commited, may be enin expenses that may work his ruin, shall tisely apparent —most usually is so. The have pronounced his innocence. Notwith- inquiry before your judicial tribunals is, standing the' acquittal, the work of de- who was the perpetrator? You find a citstruction is actually accomplished. But izen murdered-the fact is apparent. You this is but one of the few phases in which find your dwelling reduced to ashes. You this subject must be viewed, in order to are conscious that it was the work of an fully understand and justly appreciate incendiary. Then commences the inquiry the enormities that might be practiced un- as to the perpetrators, and upon the asder it. Your law officers —your prose- sumption of gentlemen, the public should cuting attorneys have been, and may again, be notified in the most ample manner pracbe influenced by malignant and unworthy ticable, that A, B or C, was suspected, or motives; and here you propose to invest that there were facts and circumstances that officer with this most tremendous and tending to indicate that he or they were dangerous power, without placing between the guilty party. Such a course of prohim and his victim the grand jury-that ceeding wNould present a novelty in the adinstitution that ias ever been known and ministration of this most important branch recognized since its existence, as the most of jurisprudence, that would, beyond doubt, effectual barrier that you could interpose meet the entire approbation of every rogue between the exactions of power, the de- and vagabond in the country, whose busimands of excited passions and popular tu- ness it is to depredate upon society. mult, and the citizen. Tell me not, then, Whether it would as well suit, or be adaptthat the great objects that led to its incor- ed to the interests of the law-abiding porporation into the great charter of British tion of our citizens, I leave gentlemen to liberty, into the fundamental law of this determine. Away with all such far-fetchUnion, into the fundamental law of the va- ed and impracticable schemes; they are rious States, has ceased to exist. Those entirely unworthy the intelligence of this reasons may not exist to the extent now body, or the people who sent us here. that may have existed in times past; but They did not convene us here to tear down they have not yet ceased to operate; and and destroy every safeguard that the ex-: while man's nature remains unchanged, perience and wisdom of ages had created,while organized government exists, they to guard their lives, their reputations and can never cease to be operative. property. But, sir, I have thus far spoken of the But, while one gentleman argues in institution as the defence of the individual. favor of its abolition because it is a secret There is another and still more important tribunal, another tells you it should be element of its organization that must not abolished because it is too public. This be forgotten —the protection of society; and last objection, if true-and I concede that it has been during this discussion that I to some extent it may be so-is a. misforhave heard for the first time, that it was tine, and only shows that no system that an/ti-republican, anti-democratic, to ferret is absolutely perfect can be devised. But out and ascertain theperpetrators of crime, we are told that the institution is to be by investigations conducted in secret. If abolished as applied to the city of London. it really be contrary to the genius and spir- Well, sir, suppose the fact to be so. Does it of -our institutions and governmenlt to it follow that a system of criminal police 211 ^ LY;U~~ RI.,,,,.... e I- -'~ --—' -~ —- ------ adapted to that great city would properly stitute. The only answer I have heard apply to the small towns or rural districts was that the wisdom of the Legislature of our State? But, it was assumed by would find a substitute. Yes, sir, the gentlemen, at least by the venerable gen- wisdom of the Legislature, in a session of tieman from Calhoun, [Mr. J. D. PIERCE,] forty days, only to occur once in two years, that this abolition in that city was induced was to, provide all the principles and details because of its tendency to oppress or work of a code of criminal procedure for the injustice to the individual citizen. I, sir, State. The whole thing is fraught with understand the matter entirely different. mischief and danger. The Legislature By reason of the enormous increase of devise and perfect a system! Wir, with crime in that gigantic metropolis, it has'all the boasted wisdoml assembled in this for years been a subject of inquiry among hall, we have not as yet been able to find the political economists and statesmen of a substitute-not even to propose one that that country whether the safety of society, any sane man would dare have put in the protection of its great interests, must practice. The old system of criminal innot be more securely guarded, even at the formation is disclaimed by the gentleman expense of surrendering some of those from Cass, [Mr. SULIvANx;] and yet the guaards designed to protect individuals, and system proposed is but the same thing unadopt more summary and extraordinary der a new guise and a different name; and nodes of proceedings. But there is no par- I defy any gentleman here to point out the allel between their condition and ours; and difference. Substantially it is the same. no argument drawn from any system of Gentlemen seem to forget that the right to criminal police adopted either in London or deprive the citizen of his personal liberty, any of the great continential cities of Eu- to subject him to imprisonment, is one of rope-Paris, Vienna or Rome —can with the most tremendous powers conferred by any propriety have any force as applied to the people of this country upon their govEus. What, sir! will gentlemen seriously ernment. They have conferred the power talk of introducing among us the arbitrary for wise purposes; but in doing so they and tyrannicalmodes of proceedings exist- never designed to destroy all the guards inig in the absolute governments of the placed by the wisdom of ages between old world? them and the exercise of that power. Will W.e are told that there aLre rutates and ny gentleman on this floor seriously conWe are told that tnere are States anid governments that get along without gra tend that at the mere beck of some roseernmens e sirat, there are many, grand, cuting attorney, who controls some examinmurie s. Trrue, sir, there are many, and, ing muaoistrate, upon suspicion merely, fact, most of the governments of the earth, t, po sp n ere thathave o sch institution. Russia, Aus- any citizen of our State may be dragged thathavenos~chistitution Russia, Aus- frolm his home and compelled to undergo tria and Turkey might have been cited, and o tra e j i a cor st he so n, a trial before a traverse jury in a court of should have been, to have shown, as they record, fo a pretended violatio of law. d 7 record for a aretended violation of law. do4 most clearly, the fact that grand juries B, r pret is not proposed under and arbit-ary or tyrann l go But, sir, this power is not proposed under anci arbitrary or tyrannical governments and arbitrary or tyrannial governmets this system to be confined to those resident do not exist together; they are peculiar to witlin our owl jurisdiction. The same free governments only. It is only where within our own jurisdiction. The sae free governents only it is only w here power that can act at home you propose to public safety and private security go hand act uiversally. Under the practical in h -egpsact universally. Under the practical in hand-where the rights, powers and igs of your proposed pa, a duties of both the government and the cit- workings of your proposed plan, an in - C' -J. * 1 1 1cent man may be torn fronm his home in a IZens are defined, limited and controlled, distant tnate-brought ltere for trial —his that a grand jury hasr ever foued favor reputation injured-his fortune dissipated, or even existed. at the beck of either one of your two thouThe gentleman from Kalamazoo [Mr. sand justices of the peace in our State. OCLaRK asked gentlemen who propose the Ingenuity could not devise a better plan to total annihilation of the system, and the enable the vindictive, the unprincipled or incorporation into the constitution of a pro- the malignant, to gratify all the passions vision placing it beyond the power of the of hatred, of malice, of envy or of wickedLegislature or the people to restore or cre- ness than you now propose. But, sir, you:.te any -system, of grand juries, for a sub- retain, even tihe semnblance of a gra!&'d jruy, 212 and you render comparatively impotent all ing an institution around which has eenthese efforts at mischief. tered the hopes and affections of EnglishBut, there is another and most im- men and Americans for centuries —we may portant class of cases that gentlemen seem at least have an imaginary excuse. We to have overlooked. I refer to crimes per- are charged, sir, by the gentleman from petrated within our jurisdiction by indi- Calhoun with clinging to this institution viduals or bands of desperadoes from oth- because it found its origin in the mists of er States or countries. Crimes of the antiquity. I need not stop to answer highest magnitude ma'y be perpetrated, and such a suggestion; because an institution the perpetrators are in a foreign jurisdic- or a principle is old, it furnishes, in my tion before you can, by process of law, ar- judgment, no valid reason for its overthrow. rest them. What will you substitute for But, sir, as matter of fact, the origin of the investigations and indictment of the the present grand jury is not so completegrand jury, upon which a requisition fol- ly obscured by those mists as that gentlelows as a matter of course, and which is of man supposes. No, sir, the history of the itself conclusive evidence of probable struggle between the barons and the peocause, and by the comity of the States of pie of England on the one side, and the the Union, and the stipulations of treaty as crown on the other, that led to the memoapplied to nearly all the governments in rable and, for that day and age, the extraconnection with ours, is unquestioned by the ordinary concessions made by king John to Executive authorities of those States and the barons and people at Runnymede, is governments? A little reflection will con- matter of sober history, and as familiar vince gentlemen that they are proposing a to the English and American schoolboy as most dangerous experiment-one beset any incident connected with the history of with difficulties innumerable; and that too, our mother country. lagna Charta is the sir, in our organic law. very basis upon which the institutions of If the Legislature commit errors, how- this government now rest. The great and ever great, they can be retrieved-the fundamental principles of humanlibertynext session may correct the mischief' of the rights of the citizen or subject-of There are experiments that might with pro- the limitations imposed upon arbitrary priety be tried there, that it would be most power, were there most clearly, specifiunwise to try here. cally and admirably defined. And, sir, to Sir, I can only look upon this proposi- that charter and the great and invaluable tion as fraught with danger, both to indi- truths there enunciated, are we, in common vidials and society. On the one hand with the people of these United States, ins you place it in the power of any malig- debted for the social, religious, civil and nant villian to destroy the reputation of the political freedom and privileges now enjoyobject of his hatred-to drag him into ed. It was an infringement of that charyour highest judicial tribunals, charged ter that peopled this continent. It was a with the commission of the most infamous violation of its provisions that unfurled the of crimes; and though theoretically con- sails of the May Flower and landed the sidered and held as innocent until convict- Pilgrims upon the rock of Plymouth. It ed, yet practically condemned as guilty un. was the attempted abrogation of its provistil a verdict of a jury shall have announced ions that allied the colonies of this Union his innocence; and even then not relieved in resistence to the mother country, and led from the suspicions that ever attach to to the declaration of independence, the those accused of crime, even after acquit- war of the revolution and the freedom of tal. these States. On the other hand, you are proposing to Sir, gentlemen talk of progress, and break down and forever destroy the best have the hardihood to call this proposed guard yet instituted to protect society innovation progress. It is progress backagainst the perpetrators of crime, wards-progress towards despotism-toNow, I ask gentlemen who seek the wards the dark ages, when mankind were destruction of this time honored institution, worse than serfs, the playthings of arbitrato at least propose to us some plausible, ry power. The struggle to secure these some possible substitute —tGat in desert- very rights now proposed to be abrogated 213 was only purchased by the blood of mil- have already suggested, those involving lions who struggled in the great cause of considerations of the least importance to popular freedom-it was a concession the party charged when his lifeis endanwrung from arbitrary power to the people. gered, or may be the forfeit-when incarAnd now, sir, in this enlightened age, in ceration for life in the State's prison may this free land, it is gravely proposed to go be his punishment, if convicted-when he back to the system devised by tyrants to is to be rendered forever infamous-I ask enslave and fetter the people-to a system that the grand jury may be interposed bedevised to keep in the ascendant the di- tween him and the government. vine right of kings. I am opposed then, sir, to both extremes But, I have trespassed too long up- here proposed. I am unwilling, on the one on the patience of the Convention; the im- hand, to tie the people of this state down portance of the subject under considera- to a continued adherence to the present tion I consider a sufficient apology. In cumbrous and unnecessarily expensive sysconclusion, permit me to deal for a few tem; on the other, I am equally or still moments in matters that I regard as hav- more opposed to placing beyond the peoing a practical effect upon the subject un- ple's power the means of creating or conder consideration. I am no advocate for tinuing some kind of grand jury system, the present system, as it now exists in our if their exigencies, (as I believe they will,) State. I have long thought it liable to the should require it. most serious objections. The whole sys- Any feasible and practical measure of ten needs re-organization, pruning and re- reform upon this or any other subject that arrangement; that is a different thing from will tend to the better administration of total annihilation. A diseased limb may the laws, the reduction of the burthens need to be amputated-a useless branch now imposed by way of taxes or otherlopped off-and yet not engender the ne- wise upon the people, will meet my cordial cessity of destroying the life of the patient approval and warmest support. But sir, in or cutting down the tree. the language of the gentleman from KalNow, sir, I am in favor of leaving this amazoo, [Mr. CLARK,] I am unwilling to whole matter to the Legislature. Make no "take this leap in the dark." And I ask provision in the constitution requiring you other gentlemen to reflect that they are not to retain the present system, nor any only proposing a leap in the dark, but an completely abrogating, not only the pres- irretrievable one. One that may visit upon ent, but any and all other systems. If the people of Michigan, consequences most we make no provision on the subject, the disastrous. Then, sir, let not the mere depresent system will remain until some oth- sire of novelty and change induce us to er is called for by the people and adopted forget our high obligations to the people, by the Legislature. If the Legislature and while pursuing phantoms, forget the make mistakes they are easily corrected; substance, and run the risk of entailing in-:if we make them the mischief is incalcula- calculable evils, instead of in securing by ble. Then let- the people pass judgment our action, results beneficial to our'citiupon this question, and we are bound to zens, not only now, but for all coming time. presume that the Legislature, coming as Mr. -- -- I shall trespass but they will from the people, elected by sin- little upon the time of this Convention; gle districts, will reflect their will. and that merely to explain my views with I have everbeen opposed to requiring all regard to the vote that I shall give with or any of the lower grades of offences be- reference to this institution. ing submitted to a grand jury. I think it An objection has been taken on the useless and unnecessary. Organize by law ground that the abolition of the grand juproper tribunals to try such causes in the ry would cause a difficulty in arresting famost summary way you please; make the gitives from justice. I do not see, sir, proceedings as summary and cheap as what more difficulty will exist than at prepracticable; burthen the people as little as sent; the same facilities will exist as now. possible, to dispose of that branch of your The application for a requisition has after criminal jurisprudence. But when you all to be subjected to the discretion of the come to the higher grade of offences, as I Executive of the State, whether from the 54 214 finding'of a grand jury or of a magistrate; the grand jury takes the advice of the and I apprehend that the Executive would law officers. Therefore, it is a useless always look at the reasonableness of the expense. Shall we keep it because it has requisition and the weight of the testimo- been a good institution once-keeping it ny, and not blindly follow either the indict- for the good it has done, when we have ment of A grand jury or the certificate of no longer need for it? amagistrate. We are sorry to part with an old acI do not think, for the determination of quaintance, even if it be a troublesome this question, we need to take for granted, one; but it is not only useless, but its prethat the magistrates are to have the whole tended benefits are by no means commenpower in their hands. I do not propose surate with the expense. Are we guardthis; I propose to leave it open, so that the ing our rights by retaining it? Our rights legislature may try the experiment; there- are not in its keeping. OuCr rights are only fore, I hope that this will be left open for in danger when a secret inquisition sets future action; if we cannot do without it, and we have no opportunity of knowing we can revert to it. I am opposed to pro- by whom we are charged. Such has not hibiting the legislature on this subject. I always been its character. It has been in have no fears as to this experiment, there- former times a shield and bulwark to the fore I wish that it should be left open. citizens. In those days it was a good inGentlemen say that the legislature will stitution, but it has answered its purpose. have.neither the ability or the time to carry Intelligence has rendered it useless. out the details of a system. Well, then, let In Scotland they have never had it; and them continue the present system; al- yet itis the most intelligent and well govthough I apprehend such arguments are erned part of Great Britain. Crime is reonly to hear oneself argue, rather than pressed and rights are protected as well from a good foundation. If you insert a as in any other part of the civilized world; provision authorizing the Legislature to and yet they never had the institution pass such a law if called for, it will soon among them. Is it an experiment? Are be done. It is not a proper subject for this we all stepping upon untried ground, when Convention to be engaged in; and that is in one of the most civilized countries in the the only reason why the details of a sys- world another course has been adopted tem have not been brought forward. and proved successful? There the crimiI shall vote for the bill as it now stands- nals are arrested by the magistrate, the say nothing about the system in any re- testimony reduced to writing, then sent to spect-because I am convinced that the the proper law officer, and acted upon; and grand jury system is bad with regard to where is crime more surely detected or the expense, because it fails to attain its justice more certain in its operation? ends, and because it has become a cumber- What or where is the difference? What some part of the machinery of the law. should make us adopt this machinery of If criminals had to be indicted by a the grand jury? The magistrates are grand jury previous to being arrested, equally intelligent, equally virtuous, eqally nine out of ten criminals would escape; tenacious of our rights. No more injurithey would hardly ever be arrested. All ous consequences can be apprehended than the arresting and binding overis done by can be found at present, as regards the a magistrate. It expedites the action, safety of the citizen. One of the defects of the present system Everything reverts back to the argumenit is that the indictments are all prepared thatit is old and venerable. Sir, it is venbefore hand. It seems to lead directly to erable, but it is a venerable ruin. this. The gentleman from Kalamazoo, by I am willing to be rid of it; we can dishis own admission, prepared his indictments pense with it. We can preserve our rights. before the grand jury sat, before he knew equally effectually-crime can be repressed whether a bill would be found or not. with as much certainty-the rights of the What was the use? Crime was commit- people guarded with as munch diligence. ted —the criminals were arrested —the wit- Therefore, we can dispense with it. nesses known-the indictments drawn up But I do not wish to put a bar against except being submitted to theg-rand jury — he restoration of the insitutitton by thb -215 people, if they see fit. I shall vote so that pelled him to leave it to the Legislature to they can keep, repeal, or insert a new sys- do as they choose. tern, if they choose so to do. In many of the provisions introduced by Mr. McCLELLAND-I think it the the chairman of the legislative department best plan to leave it to the Legislature, as committee, there were differences in relaT am confident that the system, if re- tion to many points Still, having this tained, ought to be modified. opinion, he permits provisions to be placed The gentlemen fiom Kalamazoo [Mr. in the constitution, binding upon the legisCLARK] mistook me on one point. I said lature; while in this case, he states that twhen a case was thlorough~lly ineteionted tih i nstiitution is worthless, but is willing, by a justice of the peace, that I saw no ne- i consideration of the difference of opincessity for the case going before a graind ion, to permit the evil to remain. jury, for the reason that the case is defen- Mr CORNELL-I did not say so. I ded before a magistrate; while before a said this was not the place to go into degrand jury the person accused has no de- til. fence-it is an ex parte examination. As, Mr. WALKER As I before remarked, however, my motives in offering the amend- I have heard no good reason for the conment have not been appreciated, I with- tinuance of this system. It all seems to draw it. rest in the name of grand jury; if they Mr. CORNELL-We have heard very are called grand jurors, it answers perfectconflicting opinions upon this subject. l well for the citizen, and lakes a suffiSome are for entire abolition, some for its et plea for its defence. I would lketo retention by a provision in the constitution, know why a man will become a better while others have wished the matter left to Judge because he is chosen by the assesthe Legislature. I am in favor of the lat- sos of a tonship; o how a grnd ury ter measure, and hope that it will be adopt- selected fom one hundred men, by bein ed. I do not doubt that the institution is taken out of a box by chance, will be more bad, and has been so for some tie. The likely to do justice than a man deliberates b, an has1 b so.. m ti. The ly selected for the qualifications which he defenders of the institution admit its de- ly selected for te ifications hich he fects, but if the institution is abolished is knowntopossess. We have discarded,-,',,.,, m- * * the appointing' power; we shall refuse to they want a substitute. This, sir, is not the appoin power; we shall refuse the proper place to furnish a substitute. leave it even in the hands of the Executive the proper place to furnish a substitute. At present the working of the system re-ofthe tate asfaras practicable; yet yo quires a great deal of machinery; but, sir, still wish to retain the appointing power in jI would ask, was it malde by men or an- the hands of the assessors, taken by chance, Igels? Bymen; and cannot men make a but from a selected number; and by this glore si? ple systen; and can be maeeans obtain a tribunal that cannot err, more simple system? Something can be doe, si r a system cab e made athing a There is something very singular in the done, sir; a system can be made and adop- igrad jury system; it still ted as effectual and more simple. w in of the g j sy;. am. wpartakes of chance after they are selected, I am willing to leave the matter to the If twenty-three men are sworn, twelve are Legislature, as being the mostiu proper, required to find a bill; if but twelve, the place. If placed in the constitution now, same number must still agree; so that one in a few years the people might call for a prson disagreeing, will compel the prisone change. Weslsould leave it open, that it er to be released; if sixteen are sworn, may be changed to the extent that the peo- then it requires two-thirds to find a bill. It ple demand. seems a relic of former times, not adapted Mr. WALKER-The last gentleman to our wants; and for one I should cheersaid that the institution is worthless; but fully wish it to be rescinded. because there is a difference of opinion he Mr. WHITE-The subject under disis willing to leave it to the Legislature. If cussion is, with me, Mr. President, one of he is willing to do so upon all questions power; and the question as to the exercise upon which there may be a difference of of that power of our person or body over opinion, there will be but little left for us to that of another, resolves itself in this one do here. Where is the question, in fact, proposition: whether we shall or shall not that has arisen, that would not have com- insert in the Bill of Rights a provision de 216 claring that persons shall not be presented veighed against the grand jury, he must for trial until action has been taken by a say that they had -treated the subject unA tribunal which we call a grand jury. That fairly. One would suppose that it was an is the question. Whether we shall embody institution organized and used for none but. in this article this right, or leave it in the petty and malicious purposes. What are. keeping of any justice of the peace. The the facts? What duties are enjoined upproposition is to strike from your article a on it? Let us hear the charge of thesalutary provision, and substitute nothing court: "'You, as grand jurors of this infor it. I am called to surrender this right. quest, for the body of this county of Now sir,. am willing that it should be do solemnly swear, that you will diligently pruned, the expenses retrenched; but I am inquire, and true presentment make of all unwilling to part with the right which has such i atters and things as shall be given been guaranteed to us for ages; while 1 am you ii charge; your own counsel, and thenot willing to throw this right upon the counsel of the people, and of your fellows,. caprice of a justice of the peace. I am you shall keep secret; you shall present no willing to modify the grand jury system so person for envy, hatred or malice, neither as to meet the objections which gentlemen shall you leave any person unpresented' have raised to its operations in this State. for love, fear, favor, affection, or hope of I am in favor of retaining the power with reward; but you shall present things.truly, which. grand juries are invested, but I am as they come to your knowledge, accordnot willing to leave my right to the mercy ing to the best of your understanding, so of incompetent magistrates; and I think help you God." Such are the duties and that we should all be unwilling that a, man functions of a grand jury, as defined by should be tried for a heinous offence, with- our laws —an institution, according to Judge out ascertaining whether there is probable Storey, which affords "a great security to cause or not. The proposition is mon- the citizens against vindictive prosecutions, strous; and those who propose this innova- either by the government or political partion, should first point out the substitute tizans, or by private enemies." Such our for this venerable institution; it becomes laivs define it. So learned jurists describe their duty to do so, and not leave it to fu- it. It is desigrned and intended, and unture legislation. der a sound administration, must be only The gentleman from Washtenaw [Mr. efficient for good. SKINKNER] tells us that in the State of on- Its opponents argue only from the abunecticut, for ordinary crimes, no grand ju- ses, most of them imaginary, practiced unries are called; that in each town three der its forms. What invention of man, grand jurors are elected, whose business it what gift of Providence, does not contain is to see that all offenders are brought to evil mingled with good? The reverend justice, This proposition, if offered by gentleman from. Calhoun [Mr. J.D. PIERCE] that gentleman, would commend itself to has been particularly nervous in regard to. my mind over all bther propositions that I its abuses, and he was well reminded by have listened to on this subject; and the the gentleman from Kalamazoo [Mr. S;:.. gentleman from Calhoun says that he never CLARKJ of the abuses practiced under the saw but one grand jury in that State. garb of religion, of which he:is a minisDoes it follow from this argument ter. Infidels have always been denounced that it is not a good institution. I because they argued only from-its abuses. should rather infer that it was a most ad- In times past its ministers have been tools mirable system; that the morals of the and slaves, bigots, hypocrites, tyrants and people under its operation, had become so demagogues. Millions of defenceless peopure that they could dispense with it. Un- pie have been butchered in wars engenderti I can find a substitute, I shall be com- ed by it. Its instruments have been in — pelled to vote against the abolition of the quisitions and tortures. Yet these abuses grand jury. are not allowed as of any weight against Mr. WILLIAMS was conscious that the its value or its truth. The whole adminConvention was fatigued and would de- istration of the law has always been full of tain them but a few moments. With due abuses; all kinds of government have been respect to the gentlemen who had in- perverted and abused. The inventions of 217 man can all be abused. Steam destroys as a long catalogue of villians, bound togethwell as multiplies the result of labor. The er in one conspiracy, and extending rain that descends to fertilize your lands throughout the North-western States, and and cause the earth to yield her.abundance, into Canada. They were criminals of evmay be accompanied by a shaft that con- ery grade, and were ready for the cornsumes your dwelling, or a tornado that mission of every crime, and bound to sweeps your fields with desolation! protect each other by any and all means. We are a wise body of men, and each The gentleman from St. Clair, [Mr. CLARK,] of us fancies that he can make a perfect has informedc me that one of their ramificonstitution. We all of us brouglht consti- cations extended into his neighborhood. tutions here in our heads, except the gen- It purported to be a moral society; but tleman from Calhoun, [Mr. CRARY,] who, when ferreted out, it was found that its according to one of the newspaper scrib- members were sworn to protect each othbiers, carries one in his pocket. We are all er, to procure places even in the jury box, imbued more or less with the feeling des- to perjure themselves, or suborn perjucribed in four'lines of doggerel, which I rers, and by every desperate deed, break have somewhere picked up:- down the barriers of society. "' Of old things, all are over old; The Executive furnished the list to the Of new things, none are new enough; several prosecuting attorneys, and by the We'll show that we can help to make long, quiet and thorough investigations of A-S wo~rld of better stuf'ig"' grand juries, the offenders were brought The men who destroy the grand jury to justice, and the conspiracy broken-up. do not even offer to make "a world of bet- Of what use could a weak tribunal, open ter stuff," or of any stuff at all. They as day, have been in the investigation of destroy, but do not renovate. They proceed such crimes? The important disclosures, as one of my neighbors once did to exca- so vital to our citizens, were made before vate his whole cellar, under a building al- a grand jury of another State. It seems ready erected, before he proposed to build that this- institution, so fraught with up the walls to sustain it. evil, even when existing in another State, The proposition to abolish the grand ju- and exercising its functions beyond our ry by an English judge, if he understood jurisdiction, has exercised a beneficial inthe quotation of the gentlemen from Cal- fluence over the peace and welfare of our houn, [Mr. J. D. PIERCE,I extended to the own people, and been productive to us of metropolitan police district. He would re- valuable benefits; whereas the first arrest mind the gentleman that that district was and open trial of a single criminal would protected by an organized police, possessed have given instantaneous notice to all the of terrible energies, using secrecy to ten world, and enabled the organized gang to times the extent that a grand jury ever baffle all pursuit, and evade all punishdoes, and under whose protection life, lib- ment. While adverting to this fact, that erty and property are safe. In our new the grand jury of Illinois had aided to States we have no such protection. protect life, liberty and property in our own During all the discussion relative to this State, he would remark that for some cause subject, not a single hint has been given as or other, all the conventions which have to any adequate substitute which shall pro- recently made new constitutions, have held tect society against three classes of offen- sacred the grand jury. You will find that ces. No method has been proposed for it is perpetuated in all the new constutions the protection of the defenceless, the son, of Iowa, Wisconsin, California, Illinois and ward, wife or victim of a person who could New York-notwithstanding the assumphold them in terror, if confronted in open tion that it is hostile to the genius of our court. No tribunal has been proposed ad- institutions. equate to ferret out a conspiracy, knot by Mr. J. D. PIERCE offered the followknot, and thread by thread. None has ing substitute: been proposed so adequate to investigate "The present grand jury is hereby the crimes of a fugitive from justice. abolished." In 1845 the Executive of this State was Mr. STOREY moved the previous q esfurnished by the authorities of Illinois with tion; when, 5-5 !:M1. mBAGoG moved to adjoun; which MONDAYi (19h -day,,) June 4. was lest. The President called the Conventio4 to The previous q.uestion was then demand- order at the usiual hour. edI, but the vote seconding it was recorl- Prayer by the Rev. Mr. SANFoRD. sidered; and the motion withdrawn. PEzn ITIONSj The qauestion recurring on the substitute By Mr. STOREY: oi Gee. F. F ardner offered by Mr. J. D. PIERCE, the same was acnd 150 others, citizens of J ackson county, lost- yeas 29; *nays 52.:praying:that the elective franchise may be Mr. WILJLIhAMS propoosed the follow-l- lextended to every nmale citizen above, the ing amendment to the one ofierd by Mr.:age of 21 years; and also, that the, word S. CLARK, and the same was accepted by' white ma be exclded fom th coostbhe mover: tution, whenever and wheresoever the same... m.ofence," iamnay occur to the detriment of the colored Strike out "'a. criminal oence, and m~ citizens of the State of Michigan. sert'any criminal offence punishable by REORTS. imprisonment in the'tate prison. Mr. COMSTO C, fro a minority of Mr. WILLIAMS proposed further to the committee on banking and other incoramnendc, by adding to the amexndment pro- porations, except municipal, submitted the posed by Mr. CLARI, "Grand juries may following report and article: be so modified as not to consist of more'Report than thirteen men;" which did not prevail. The undersigned, minority of the comThe amendment proposed by Mr. CLARK mittee, to whom was referred the subject Was then lost, as follows: of corporations, other than municipal, ha~ YAs —Messrs. Backus, Bagg, J. Clark, ving had the same under consideration, S Ciark,B esnoyers Hanscom, Moore, Ray- beg leave to report, that on so mcuch of nale Van Valkenbumgh, Wells, White, the subject referred as related to banks, the WCilliams, Witherell, Presidaent-t-14.- committee could not agree. NA-.-,esMessrs. W. AdLams, AYlVord, An- -In order to secure to the people of this deressrs.on, Arden, B.rnars, H. Barto State, under existing circumstances, a sufBatown, Beardsy, Beeson, Brirtowa, AJ. va- fiently safe, ready and ample eirculating Bartow, Beardsley, Beeson, Britaim, Alva- et anof the co.. rado Brown, Ammon Brown, Asahel medium to meetthe wanrs of the cor Boercial and business pordion of commauliBrown, Burns, Bush, Carr, Chapel, Choate, mereal and busines p ort.on o comu Church; Comstock, Conner, Cornell, Cra- ty, a system of banking, founded on a y, Daniels, Eastm~an, Fralick, Gale; Gar- specie paying basis, with ample security'diner, Gibson, Grahamn, Green, art, ar- for te redemption n specie of all bills pu:dlner:, ~ibson,~~raham, Green, Hart, Hat- in circulation as' money, appears. to, the vey. Hascall, Hathaway, Hixon, Kingsley, in circulatiol as money, appears to th imne, HLeach, L aovell,Marvij -M'cGlelland, unduersigned to be absolutely necessary. And when we take a view of the pe~ McLeod, Morrison, M6sher, Mowry, And wa surroe e a vs oi en lyie Newberrry, O'Brien, 0or, J. J'. Pierce, ninsular State, surrounded as it nearly is N. Pierce, Redfield, Roberts, Robertscn, by navyigdble waters, which a-e continuous B'E.. 3Robinson, Rix Robinson, Skinn he, Stateswith a coast of more thn Soule, Storey, Sturgis, Sullivan,- Suther- eihtee, hndre d miles ie e ntert, ined Tdoisffareny, To,' Wait, Walker, W^ar-. with fisAe,i1s inexhaustible, a fertilty' of Idiqn4, Tiffany; - -Town'-,WaiLt, Wa'lker, War..... deni, Webster, Whirttem ore- -9o. soil unsurpassed i: the variety and extent -. W sterTSfcmoved that the ther of its productions; bearing ou its surface.:; -REO2BERBTSmoved-that the urtfher extensive forests of valuable timber, and congideratioln of the 4rticle- entitled. "Bil enriched beneath by natural resourcQs of of ERihts," be postponed until: all ouher unlimited mineral wealth, with its minesof articfles- tobe acted. upon by tiis Conv$en- yiron and copper, its beds of coal and plastion, have been considered n iose, o n is ire excep the,b s~chedule,; w3h -'9 |wsistible that a, vast trade. must grow.up, * On motion of Mhr. CHURCH. was. lad wbhich will deman.& an. incgeused Corres: on thetable. on the. tal., ponding circulating medium,i The Convention then adjonmed. It is, therefore,. the part of wis dorn, and sonnd policy, that, a systeam o banking be established that shall induce the aggreg_.: 2 9 tiohn and employment of foreign capital in the amount of bills or notes registeredi>rdl -our State, andi shuaft olut from circulation issued for circulation bills of less reliable institutions from other Sec. 6. The stockholders in every Core States. poration and joint stock assoCiatio for It is the opinion of the committee, that banking purposes, issuing bank. notes dr'by providing-for such'a systemn of banking any kind of paper credits to circulate aas as we have recommended, that it will be, Tmoney, shall be individually responsible:tiot only a-salutary' aid in earrying on the to the amount of their reipective shara or already ltarge:and increasing commerce and shares of stock in any such corporation o? ttrade within the' State, but that it will association, for all its issues, debts and iiprove highly advantageolas to every abilities. branche of itdustry, and satisfactory to the Sec. 7. All corporations and joint stock.eople at large. associations created by the Legislature, The committee, therefore, beg leave to under a nd by virtue of this article; shall report the following Article: pay to the State Treasurer for the use of A RTICLE - the State, at least one per centurm pei anCorporations, other than -mi.unicipal. num on the capital stock paidin, as a tax; Sec. 1. Corporations may be formed un- and no other tax shull be assessed or colder general laws; but shalll not be created letdagainst them. by special act, except for municipal purpo- ec. 8. Tn case of the insolvency of any Ses.; All general laws, and special acts ank or baning assciation, the bill hold passed pursuant to this section, may be ers thereof shall be entitled to preference altered from timre to time, or repealed. in payment, over all other creditors of said Sec. 2: The term " orporations, as bank or association..utsed in this article, shall be construed to Respectfully submitted. include all associations and joint stock A.J. COMSTOCK, J. R. WHITE,.companies having any of the powers or WHITE, privileges of corporations, not possessed by iorty o C Individuals or partnerships. And all cor The article and report were referred to!rations snhll have the right to sue, and the committee of the whole and ordered shall be subject to be sued, in all courts, printed. RESOLUTIONS. in like cases as natural persons. O o MEsorTIoAs. On motion of Mr. WILLIAMS,,: Sec. 3. The Legisaturet shyall have no The use of the hall for to-morrow even-power to pass any act granting any spe- ing was allowed to Messrs. CLARK and ial charter for banking purposes; but cor- SMITH for the purpose of delivering a lee porations or associations may. be formed ture on;scientifio subjects. ior such purposes under general laws, by B-SINES UN]INssJ D BUsINESS. a vote of tWo-thirds of all the menmbers o R b u The Bill of Rights being under considelected to both branches thereof. ration eration, Sec. 4. The Legislature shall not pass Mr. BAGG offered the following, as an -any law sanctioning in any manner, direct- additional section to. the article: ly or indirectly, the suspension of specie No person shall be held to answer for payments by any person, association or a capital, or otherwise infamous crime, uneorporation issuing bank notes, of any de- less on a presentment or indictment of a eription. grand jury. except in eases arising in the Se-.;.'The Legislature shall provide land or naval forces, or in the militia, when by law for the registry of all bills or notes in actual service in time of war or public issued or plut in circulation as money, and danger." shall require ample security for the re- Mr.:CRARY raised a point of ordei' demption of the same in specie; such se- that the amendment proposed, embraced eurity to be i1n stocks, (bonds or evidence matter that had been once disposed of by of debt issued by the United States or of the Convention. individual States, or botlh,) which shall be The PRESIDENT decided the menld-:deposited with the State Treasurer, and be mnent in order. at leaat, when offered; eqlual in alueto Mr. BAGG said —Mr. President, I should not-have obtruded myself upon the dragged into this debate, I shall have at:Convention' at this time, upon the subject least one-sweet consolation left, to wit: that Under consideration, had not the county of of being on a par. with every gentleman Wiayne, w-hich in part I have the honor to who has preceded me, in opposition, in derepresent, from her peculiar local and *bate upon this subject. Before entering relative position, a right to be heard upon upon the subject in controversy, let me hthis floore Although r when - was sent thank the gentleman from Kalamazoo,_[ Mr. *from the city of Detroit as a delegate to CLARX_,] and the gentleman from Oakland, this Convention; little was expected of.me:Mr. HANscoMI,] on behalf of myself and from my constituents in regard to the.ju- my constituents, for the part they have diciary or grand jury system, and there- taken in this debate; for. their unwearied -fore, under little or no responsibility, she exertions against this uncalled for innovahaving sent for that purpose the ex-judges tion. The gentleman from Kalamaioo,'of'her courts, and Springwells her able ad- who opened the -debate, laid down his'vocate of the law; and as much was ex- premises so methodically logical, and pected of the Chief Justice of the State so clearly and orderly brought forth his Tin regard to these legal matters, who would arguments to sustain them, that those who -not, I am-sure, consider it a dishonor to run. might read, understand and apprehail directly from the city of -Detroit, it ciate; and in my humble estimation nothbleilng the city of his nativity-but as we ing could prevent a conviction of the truth'have been disappointed in not hearing from of his proposition, but an obstructed vision,.ether of these gentlemen, upon the main throughhe e jaundiced eye of prejudice, or Subject, of this, in my. judgment, uncalled the more perfect obstruction of self interfor innovation, except from yourself, sir, I est. I know not which most to admire feel compelled, by the irresistible force of and commend, the matter or the manner circumstances, although layman as I am, in which it was delivered-the latter being briefly to gite some of the reasons why I sufficiently slow, calm and deliberative, to shall not vote for abolishing the present- be understood. The gentleman from Oakgrand jury system, and' answer some of land, [Mr. HANScoM,] who spoke near the the assertions of those who occupy the neg- close of the debate, (and here let me say ative of this question. And here let me towards whom, at this time, I have, no say, that altholugh I have listened with the very good feeling,) made one of the very most careful attention to all that has been best speeches that has been made on this said, in exhortations and declamations by floor on this or any other subject in this the exponents of this measure, I have found Convention. Sir, the gentleman stole. my but little to feed or stimulate my argumen- speech, and completely took the wind out tative powers to attempt to rebut; but on of my sails, and forced me to lay over. the contrary, with two or three exceptions, This sir, is the cause of my ill feeling, ali, from first to last, who'havefavored us personally, towards him at this time; and tpon the negative, have only contributed so sure as it is again repeated, and I can to inundate -us with-a mass of incongrui- catch him at the Isle of Mackinac, I-will ties, based upon their impressions, experi- surely challenge him or obtain an indictence and imagination, instead of argument. ment against him before the substituted Sir, had Ruth, of old, gleaning in the fields court of that Isle, to show probable cause of Boaz- for corn for her hungry relatives, why the modified Lynch code put in use met with no better success for food, to by the genleman of Mackinac, while prossatisfy the cravings of nature, than have ecuting attorney of that isolated upper rethe friends of this amendment for argu- gion, should not be enforced against him. ments, from their opponents, she would Although there is this unpleasant feeling have retired at once in disgust: and dis- between us, I here tender him my thanks'couragement and never again have repea- and that of nmy constituents. The master-.ted her labors. Therefore, sir, should I ly manner in which he proceeded to anautterly and. completely fail, at this time, lyze the whole bundle.of incongruities from indisposition, want of memory,. capa- thrown in upon this subject, and scattered'city, or concentration, to show up the ab- to the four winds of heaven, cannot be surdities, incongruities-and inconsistencies beat on this floor. And now, sir, I propose ito simply touch upon the assertions, expe- ROBERTSQON1 tells us that public sentiment.rence, and sometimes shade of argument, in Macomb county calls loudly for the ab-of the various gentlemen who have spoken -olition of the; grand jury system; and to -in opposition, somewhat, but not altogether prove it, points us to a meeting in one sininversely, in. the order in which they ad- gle school district in that county, and of -dressed the committee and the Conven- their expression to this Convention by pe tion. To dispose of a brace of these gen- tition. Now, sir, it is very easy to get up Itlemen, in a summary manner, so. as not meetings on any subject in any county in to tire the patience of the Convention, and the State; and whether this meeting of old,:at the same time, in proportion to their rel- democratic Macomb originated from this ative and antagonizing merits, with regard Convention, or was the result of spontaneto each other on this subject, I propose to ous combustion at home, is immaterial at.examine the reverend and venerated gen- this time, as it is but one item in one sin-.tleman from Calhoun, [Mr. PIERCE,] with gle school district in one town, in one counthe legal gentleman from Genesee, [Mr. ty of the State-but one ingredient in the -;BARToW.] While the former tellss ts hat composition of that omnipotent public sen-:ile grand jury system is an inquisition al- timent of the whole, spoken of by the gen-lied to that of old Spain, and a relic of tleman. This meeting and their petition, -monarchy, handed down to us from Great coupled with the expression of one solitaBritain, and is directly in effect contrary to ry individual in the county of Wayne, who:-the spirit and genius of our democratic in- was much displeased to find himself'stitions, and endeavors to excite the ultra thwartedin attempting to obtain an indictdemocracy on this floor, by an appeal to ment against a certain individual, from vinthleir passions and prejudices, with a tact dictive feelings of ill will, by the grand'peculiar to himself, (and his main general jury of Wayne, is the only expression I'weapon,) and thereby carry the question have ever heard against the grand jury by storm, by a kind of artificial tornado, system, except upon this floor. instead of convincing the judgment; the But, says.the gentleman, "a singlejustice latter tells us that in Scotland they of the peace would be cheaper-much have never -had grand -juries; that that less expensive, and make a good substitute aristocratic and law loving people get along for the grand jury.".Now, sir, so far, as swimmingly without them; and that they the county of Wayne is concerned, and has are-the most free from crime of any other been for the last five years, the reverse is aiation under heaven. While the former true. Says the gentleman, " almost evegentleman tells us that even in Great Bri- ry one that. is held to bail, or recognized tain they are about to abolish the grand ju- to appear before the grand jury, by a jusry system, and reads a law novel or law tice of.the peace, is sure to become indictmagazine published in London, to prove ed,.and therefore you might as well substithat one man during the last century has tute a justice of the peace, and let them do had sufficient imagination to propose the the whole business at once." In thecoun-:innovation there, the latter tells us that ty of Wayne, during the last -five years, here it cannot constitutionally be abolish- not.one-third of all those who are recoged, and reads in-his place the constitution nized to appear, by justices of the peace, of -the- United- States to prove it. These are ever indicted. This, coupled with the gentleman being thus antagonized in a same statistics of Oakland, stated by the measure, and not: knowing whether the gentleman from Oakland, [Mr. HANscoM,] gentleman-from Genesee has a "Mec" to would-prove the gentleman in this matter his name, and' his not condescending to utterly:mistaken; for Oakland, and Wayne tell us whether Great Britain belonged to county combined, or taken together in the Scotland or the -"rest of. mankind," and aggregate, have sent, since 1839, more not being attracted to any argument in par- criminals.to the Penitentiary than the whole ticular from either gentleman; I leave them State besides, put together. Not one-third, thus antagonized, as the: Paddy did- the then,.of all those who are.recognized to -Rilkenny cats-to- swallow up each other appear are ever indicted,.and in the county at their leisure. of Wayne, those that: are indicted are alThe junior member from Macomb, [Mr. most certain to be convicted, For years 56 it has been proverbial with us, that an in- maining between them, and as it was well dictment before a grand jury would be known that the gentleman had a fit of fetnantamount to a convicti.n, which speaks ver and ague on that day, and as what he loudly, not only in favor of the grand ju- did advance showed him to be in the cold ry, but- our Prosecuting Attorneys and fit, out of benevolence, I leave him without Judges. Sir, two-thirds of all those who further comment. are held by justices of the peace to appear The gentleman fiom'Ingham [MYi before the grand jury for probable cause, Busln] is in favor of abolishing the present are never indicted, but remain on file in grand jury system. If I mistake not, he your clerk's offices, as so many monuments tells us that, although since 1839 the counof cupidity and want of knowledge, only ty of Livingston has sent but one criminal to be hauled over the next three months to the penitentiary, their criminal courts by the justice and constable interested, to have cost ten thousand dollars in that pel base a bill of fees, before the Auditors, riod. This looks at the first blush: as which amounts to from fifty to one hundred though there was rottenness in Denmark and fifty dollars per quarter, each. I ap- somewhere, I confess; but does it argue peal sir, for the correctness of this state- against the grand jury system? In truth, ment, to yourself, sir, Judge Witherell, without facts in detail, would it not go to ex-auditor Fralick, and the present auditor, show, as there was but one conviction, Brown, now in his seat upon this floor. I that the great amount of cost was owing find, also, sir, from statistics of our State to the great number returned by justices Prison, published recently in the Jackson of the peace, who were proven before the Citizen, that the county of Wayne, owing grand jury innocent? If so, would it not to the city of Detroit, her great commer- be a direct argument against the substitu; cial centre, bing situated on the range of tion of a justice of the peace instead of the great Lakes, its contiguity to Canada, the grand jury, as proposed by the oppoand other causes, has sent, since 1-839, nents of the grand jury system; and a ditwo hundred and forty-five convicts; while rect argument in favor of the latter?the whole State besides has sent but two The gentleman's main argument against hundred and fifty-three. I also find that the grand jury is its great expense. of this last number, Livingston has sent H:ave the gentlemen proposed anything bult one, while Cass has sent eight, and cheaper, to say nothing of its efficiency? Macomb but seven convicts in that time. Sir, tribunals for justice, where crime on These statistics of Macomb, taken in con- the one'hand is to be considered, and in: nection with the duration of time that the nocence on the other protected, must negentleman. has been adimitted to_ the bar, cessarily cost something; although the (four years) together with the great number other day the gentlem.n:from St. Joseph of convicts sent to the Pengitentiary since showed conclusively from. statistics which 1839, not quite two-thirds of a convict per he exhibited, that grind juries throughout year, verily, verily shows that the gentle- the State would cost but little more than man's experience in criminal matters and three cents per head for every taxable irin grand jury systems, must be very exten- habitant, about tle price of one paper of sive indeed, and have its proportional tobacco of Mrs. Miller's best, and yet the weight upon this Convention. great cost is here constantly harped upon. The senior member of the bar from The expense of tribunals for justice is very Macomb, [MiNr. WALKER,] when he arose much allied in nature with certain other neto speak, so soon run into collision with cessary expenses for our existence. I have my friend from Monroe, [Mr. MCCLELLAND,] often remarked to my friends that it was a who could not screw himself up to so high i great pity that life was a forced state of a pitch of boldness as the gentleman, as to I existence, and that it was necessary for us abolish the grand jury, for fear of endan- to constantly eat and drink, and clothe our; gering the constitution before the people; selves aga.inst the assaults of the elements, and who was not disposed to be lectured or we should die. Were this not the case, on that account from Macomb, seemed to we could all get rich.- So, also, with triforget his argument in this collision, and bunals of justice. So long as crimes are as there is an adjourned veracity yet re- committed they must be ferreted outi and pumnished, cost what they may. The geltleman from Leenawee- [Mr. jects I ha1ve. the highest confidenee, objets TIFFANY is. also in this crusade agains the the t te grand jury system because it is, too grand jury. He, however, shows his pru- secret, and at tile same time too open; that deaee.in leaving it to the Legislature, it is secret in what it should not be, and fearing, should we here abolish it, it might open when it should be secret. Now, for endanger the constitution itself, before the the life of me, I cannot see the distinction people themselves. Wise thonuht! I he would here w.ish to inculcate. I have think, as I know. something of judges and no other melns, nor has the gentleman, to jTuries, and. their relative action an duties judge of the duties ind action of a grand with each other,, lean enter into and ap- jury, blut the o.th they tale before their prediate his; feeli:ngs on this subj:ec. We duties commence, which the gen.tlme;a know tlhatin long contested ivil and crim- from St. Joseph read to the Convention on iaE eases,,after a righteous judge has Saturday, in his pltce. By that oat. h they patiently superintended for days the are bound to keep secret the counsel of gudgeons of law, and the testnmony has their fillows, and that of the State or peobeen given to the jury, the case sume e, between ho and the accused they up by the counsel on either side, and the are bound to judge. They are sworn to judge has pointedly charged them how to diligently inquire and true presentment bxingin their verdict, somne juries, throw- make of all such matters and things as ing themselves from self esteem upon their shall be given them in charge:. They are dignity, consequence and reserved righ ts, sworn ta present no person for envy, hatbelieving that in this country a jury stands red, mallice, anger or revenge. Neither above every Qther court under Heaven; — re they to leave any person unpresented that lheirs being the peculiar duty to judge through. fear, favor, aI-ffttion, or' the hope f the facts: in the case, the lmmutable of reward; but they are to present things principles of truth, while that of the j:Ludge truly, as they come to their knowledge, being mnerely to see that justice is jldicial- according their best understanding. By ly admini.stered-have refused to bring in statute, any one held toi answerfor a crima verdict as directly or indireetily directed, inal of fence may object to the competency w.his has contributed not a little to exas- of a, grand juror. perate the feelings of the court; and by re- The grand jurors are returned from the p.eated acts of such independent insubordi- body of the whole county, to the clerk's nationsome judges have come to the de- office by the assessors, under oalth. By termination that juries of all kinds are statute they are bound to present all per. nothing but fatrces, and should be dispens- sons they know- to be guilty of crimes and ed with. Thus the one horse or one mnan misdemeanors. They are also to look into power: has, from these repeated acts of all nuisanres, and: attend to:the interest of aggressioa on, their part, been growing, the school lands.' Now sir, if the grand ntil mnany old and even righteous judges jury live up to their oaths, is there any have comne to the conclusion that they can wrong about it? Is there anything wrong dO,)al the business i-n the most satisfactory aboult the oath?. Did the gentleman from manner themselves, withoutthe assistance Cass wish to be. understood to mean to of these independent interlopers between say, that the great majority of the grand the law and the facts. If this. can be juries in this State disregard. and forfeit done, certainly it is much the cheapest, and their oaths? violate and expose. the secrets ean be; accomplished much the quickest. of their fellow-jurors, or of the State? I At leasti it will remove the ill feelings ari- presume not.. What then does he mean? sing from. a difference in judgment; and If he mean that in a court of inquiry for judgment wiill, of course be sooner dis- probable cause, which the gentleman acpensed, right, or wrong; and as to certain- knowledges to be necessary in this State; ty, it is all wise and convenient, for the the said court or jury should not be secret judge would be sure to agree with himself, in its investigations, he is muclh mistaklen; and declare his j.udgment with; great una- for until it be shown that crimes are all aimaity and self complacency. committed openly, in the light, of day, it TIhe, gentleman, from Cass;, [Mr., SuLrI- cannot be shown that the tribunal: or inquiVAw,]i in: whose judgment on general sub- ry should not be secret, All causeas of 224 crime, and their remedies, stand in relation There was one argument which fell from of cause and effect to each other. They the gentleman, which strikes me was illare therefore inseparable in their nature; timed, and might have been avoided; I one must correspond with the other. Who allude to the comparison instituted or made does not know that nine-tenths of all the on this floor, between Jesus Christ, the Sacrimes committed in any state or country, vior of the world, and the ultra democare perpetrated in secret. Therefore, the racy on this floor, who go for the abolition inquiry for probable cause must be secret, of the grand jury system. Thus endeavwhich is the remedy. Does not, then, the oring to show, by comparison, that as He gentleman see and know, from the very na- was the Savior of the World, and came on ture of the case, they must be secret? earth to destroy systems, and thereby benWhy sir, for centuries long since, these efit mankind, these little Lilliputian saviors things, these principles, have been univer- of the State, would destroy the grand jury, sally known and understood, and long since and correspondingly benefit the State. passed into a proverb as old as the Jewish Now, although I am not so well versed law itself, and become a maxim and an in scripture as some, what little I have axiom, that they stand in relation to each read, I understand quite differently. I other as cause and effect. It is based up- have yet to learn in the New Testament, on the general principle, that like causes that the.Redeemer showed large manifesproduce like effects under the same circum- tations of destructiveness; but on the constances, on the doctrine of modern Home- trary, his whole life was characterized by opathy, simrilia simili6us, like to like. "An mildness, meekness and humility. He says, eye for an eye, and a tooth for a tooth,"'"He came not even to judge, but to save;" says the great law-giver; "meet a fool in much less I apprehend to destroy. True, proportion to his folly," &c., &c. These he came to destroy the curses of sin, crime old sayings are founded in philosophy, are and iniquity, not the tribunals of justicetrue to the letter, and have been inculca- the tribunals or courts to ferret out crimes, ted and practiced upon for ages, in the ad- misdemeanors and iniquities. No such ministration of justice throughout the civi- thing. My St. Paul teaches no such thing lized world. as the great destructiveness of the Savior But, says the gentleman from Cass, the of the world; and these reformers, associagrand jury as now constituted, is too large; ted with the gentleman, are welcome to all so much so, that there is not sufficient feel- they arrogate to themselves for the coming of responsibility. Diminish the num- parison. her, and you increase the responsibility of And now, in regard to the gentleman the jurors. If this be true, why does the from Washtenaw, [Mr. SKINNER.] He is, gentleman stop at the number three, his fa- emphatically one of the noblest works of vorite number, as a substitute, coupled God-an honest man-and speaks without with a prosecuting attorney? If you in- restraint from the abundance of the heart. crease the responsibility in direct ratio to IHe tells us that he is against all juries; the diminution of numbers, why not dimi- that he cares nothing about public sentinish to one simple justice of the peace, in- ment; that he is prepared to abolish the stead of three, and unite with the junior grand jury system at once, here, and not member of the bar, in judgment, [Mr. Ro- wait for the legislature to do it. We posBERTSON,] from Macomb. It would be ex- sess, says he, sufficient knowledge to know ceedingly gratifying to have atleast two of that the grand jury has no intrinsic merthese gentlemen, opponents of the grand its, and therefore should be abolished at jury system, agree on one point in their once, &c. I hardly know, sir, which to substitute. It has ever been my judg- admire most, his honesty, frankness, or ment that the number might be safely di- boldness, on this question; and as I knew minished to perhaps thirteen, instead of him to be a lawyer, I waited with no little the present number, twenty-three; but to patience while listening to him, for a reabolish the'whole system at this time, or freshing shower of argument, after the any other, is unwise and imprudent, and dearth we had endured from his colleagues will work manifestly injurious to allthe in- on the same side, but waited in vain. But, noeent and the guilty. notwithstanding this want.of argument he 1225 cleared up one obscured point so clearly, a southern planter his son to educate. The that never was a hazy atmosphere by a planter told him to spare no pains, as the clap of thunder rendered more so. I al- price of tuition was no consideration. He lude to the reason for the abolition of the wished him to teach him above all other grand jury at this time, which the other arts and sciences, rhetoric, logic and elogentlemen, by their masked batteries, had quence, and be sure and make him a good entirely eluded. The gentleman says that speaker. The professor accordingly, in the great reason why he wishes to abolish addition to his public studies, daily trained it is, that they, the ultra reformers, can him in private. One day, while the stiiinstitute district courts in every town in dent was in the full tide of successful exthe State, and mean so to do. For this, periment, soaring aloft into the sublime, sir, I am much obliged, as it gives us the and then, like the swallow, dipping'down key which unlocks this whole mystery. into the ridiculous, the professor, looking Yes sir, the grand jury which has stood on, and with a stamp of the foot, cred for ages as a monument of wisdom and out, "stop sir! let me tell you someintelligenee, must go by the board, and for thing that will at all times be of service to what? Simply, that although we are at you while speaking in public, in all places, the noon-day of the nineteenth century, in on all subjects, and under any condition-." the full tide of progressive intelligence- The student gazed with wonder in aanticiyea, progressive democracy-with our pation. Said the professor, "when yoU steamboats crossing the Atlantic in ten open your mouth to speak, be sure you days, and our electric telegraph binding never open it so wide but that you' can the whole nation in one intellect, moomen- shlt it again!" When the gentlemani tarily, to take our back track, retrograde, commenced and told us that the Isle of and go back to at least two hundred years Mackinac was like what the Kentucky bully of ignorance, to the days of the feudal said of his State —"bounded on the north system, and institute and create in every by the aurora borealis, on the east by the town, and for aught I know, in every sap rising sun, on the south by illimit able space, bush, little pie poudre courts, or courts leet, and on the west by the day of judgme;nt;'. where the pig and his master may go down I confess, being somewhat of an impressito court together, and obtain a writ of er- ble, I was caught np in the spirit of imror, and justice, from the nipple. agination of the speaker, and iollowed him Sir, there absolutely seems to be a dis- aloft into the airy upper regions of fancy position in this body, by law, yes, by con- until I almost forgot earth. To be sure, I stitutional enactment, to analyze the civil, faintly remember some indistinct rumbling municipal and social communities and cir- here below, and m attering about these cles, and to reduce them to their elements, seats, but only come to myseif when the to reduce them to chaos, and that the first gentleman, in his lead, again landed me on step is to prostrate the judiciary. Before the Isle of Mackinac, by telling us that lhe we leave this body, I should not be sur- had been prosecuting attorney there for prised to see a supervisor of a town crea- years, and that, in his judgment, the ted, by constitutional enactment, lord high grand jury should be abolished. "For,' chancellor,-and a justice of the peace a cir- says le, "at one time, owing to the penut cuit judge, ex offcio, and every constable rious feelings of the clerk, judge and sherhigh sheriff. I confess when I came here iff, they would not order or draw a grand I was not prepared to see this acknowl- jury, and I determined they should be edged progressive intelligence taking that tried, (some half dozen of culprits.) I contrary direction, but await the result with modified the lynch code, put themi through composure. and sent the poor devils to the penitentiaAnd now, sir, I pay my respects to the ry." Therefore, the gentleman inferred gentleman from Mackinac, [Mr. McLEOD.] from this operation at that island, that the And here let me say at the onset, that grand jury was useless, as a justice of the when the gentleman commenced his peace and prosecuting attorney might form speech, he brought to my mind the story a good modified lynch substitute. I contoldof a President of one of our eastern fess, when the gentlemana had got thus far, colleges. The professor had received from I began to query with myself whetBhe 57 226 tfackinac was even bounded on either side self to on so black and disgraceful a subby the day of judgment, or at least, by the ject? And yet this same officer, a proseday of good judgment. cuing attorney, is the very man proposed We, however, are indebted to the gen- by the gentleman and his colleagues, unitieman from Mackinac, and to no othe r man ted with, oftentimes, an impressible linsey of the opposition, for the achknowledgrment woolsey justice of the peace, as a substithat it is necessary for somne court or tribu- tute for the grand jury system now in exnal to inquire into the condition of the i-,- isteenc e' The genhtleman says he reeused, whether. there be probable causn, fused this time, and, of course, did not before he is put before the traverse jury modify the lynch code 1 How fortunate upon his defepce; and here the gentle- for the cause of humanity, and the honorman, with his colleagues, seem to occupy able competitor sought to be destroyed, rather, tome, an inconsistent and awkward that the office of prosecuting attorney was position. I think the whole of them, with- filled at that time by a man so conscientious! put an exception, for I would not misstate so virtuous!! and so much above suspiany man on this floor, voted in the Bill of cion!!! Why, Ceesar's wife would at once Rights for a section guaranteeing in all sink into insignificance in comparison with eivil cases, where nothing but dollars and the gentleman on the score of integrity and cents were concerned, a common law jury; suspicion. But, from the modified lynech but when they come to the grand jury, code, while prosecuting attorney, added to wxhere crime and innocence are concerned- the propensity of some of the politicians carime, on the one hand, ferreted out, and of that isle, from the gentleman s own innocence, on the other, protected-they showing, to rid themselves of their politiare all thrown into spasms for fear of the cal competitors, that with such a substiexpense, harp about ez parte tribunals, tute as proposed for a grand jury, although relics of English nobility, inquisitions, and bounded on one side by the cday of judgwhat not, and the great secrecy attendant menat, yet justice in that island might in upon the grand jury. vain loll on a liae drawn parallel with But, says the gentleman, the grand eternity, before it would ever overtake its jury is notoriously known to be one of the object. greatest engines of destruction to character Thanking the Convention for the paionown to the country a k ind of patent tience with which they have listened to what machine for blasting and blackerning the I have had to say, i have done,. character of any man, ii the most adroit Mr..iALYVORD —My colleague and prosummary and severe, manner. Why, said fessional brother, says he has received sevhe, "so notoriously is this thle case at eral letters fromi his constituents, in referMackinac, that a certain resident politician, ence to this question. As he has not enlightwho had standing in his way an honora- ened us, I xwould ask from whom he receivble competitor, and wishing to remove him ed those letters? He [Mr. A.] did notbemwithout the sphere of his -amlbition,'came lieve that any of the delegates from Wayne to. mewhile I was prosecutintg attorney, af- were instructed, or could tell what was the ter he. had invented and matured his dia- public sentiment of Wayne countS on the bolical plan of destruction, with black subject. It had not been much agitated rnalice in his heart, and unbosomed him- thee. For any thing he knew, a majority self and wished me to get him simply in- might be in favor of abolishing.the grand dieted, and let it hang over him, as the jury system, or they mightnot. Not nowfost effectual way to dispose of hi m." ie.g the-ir views or wishes, he felt called up/bho. v-ere to be the witnesses, the gentle- on to act according to his own judgfment, mian did not inform us. But rmalr again: HIe had been of the opinion that the grand wihen this political frie-nd had concocted jury system was a useless, cumbersore hisC accursed plan, and w.as ready to carry and expensive systel. That some- system it ilnto execUetion, who. was the very first mi-ght be adopted less c2umlbersome; that man: he dared to divulge.,to, and associate the ends of justice might be, met by some with himself in the damnable deed! 1 other systiem better adapted to, the wants W ras it not a proseeuting attorney? What of the conmIamniaty. Not knowing. what other man. on earth dare e he unbosom. him- the wishes of his: constitue:.ts or the, wish ~es of the people of the State were, he was ductive of good. It appeared to lim.there disposed to leave it entirely open for the was no reason rendered for sustaining it action of the legislature. But he supposed the Convention had come M r. -A. said the gentlerman has endeav- to t;e conclusion not to abolishl it, and he ored to manufacture opinion foir 7Wayne did not knowv but t!hat was the best. Ev'~ county. Ht is the only person who has re- ery person w nas in favor of altering it; ceived any communicaonti on the subject which showed they had liost confiencO e ia from Wayne; and lhe has connmmunicated it. But he aepced eete the question was with none other of his colleagues. They seLtted, as heI beiicvd every view of it hadI do not know from whom he has received been illustrated. the letters. He has got the light, and Mr. B3 GG- (by tI r. AL'VOIstD consent) leaves us to go it blind. He [l Mr. A. pro- wvithdrew- his proposed amenidmelnt. tested against that course. If the, gentle- iMr. BEARDSLEY offered the fol owing iian has got instr'uctions, and is in posses- amendmnent to section 10: sion of the wishes of his constituents, he Strike out all after the worcd'favor," ought to show them. in the 4t lin ie of sfid section, and in lien Mr. A. concluded by offerirng an amend- thereof insert as follows, viz: "To be aided ment: "and the institution of the grand ju- by counsel in his delfnce, who shall h-ave ry is hereby abolished." the right to close the argument to the jury, Mr. MeLEOD- remarked that he had when one may be empannelled." listened with uncommon satisfaction io tthe lr. B. said he ofiered the amendment remarks of the gentleman from Wayne, for the purpose of carrying out the hun [Mr. BAGG.] He [Mro MCLEOD1 supposed nmane doctrinoe of the law; that a person that the effect produced on him by the shall, under all circu1mstances, have the admiscellaneous harangue of Mr. BAGG, was vantage of relieving himself fror- accusadifferent from the effect procuced on the tion which shall bring infanmy or disgrace other -de'egates; for he was free to confess upon him, or deprive him of life or libthat there wtas enough of the old Highland erty. Prejudices always arise against a blood coursing in his veins, to make it macn accused of crime, in the community. agreeabie to him to hear the shrill squeak- We observe in society every day, that a ing of the Baggc-pipes. He [Mr. MCLE OD,] mniere slander is received with avidity; that had not risen to make a serious reply to it is increased little by little, till the indito the extravagances of his friend over the vidual is prostrated in the opinion of those way; for, to tell the truth, the most of it who would have defended him, if they had was as unintelligible as a little treatise known the circumstances. We know when which he had once read, and which he be- an outrage is committed in society, prejulieved was entitled "Bagg on the Magne- dice takes hold of the public mind; people tism of Bullfrogs." His only object in ri- do not stop to consider whether the person sing was, to assure the delegate that he incarcerated is the guilty one or not. It is had entirely convinced him that the most taken for gra-nted by the public that he is appropriatereceptacle for worthless miscel- guilty. The jury is a part of that public, lanies was neither more nor less than an who are appointed to try him. dod aog. The object in offering the amendment Mr. MOOAPRE was desirous of coming to was for the purpose of destroying that inc a final conclusion on the subject. He had fluence that argument has on a prejudiced supposed a conclusion had been come to jury. The counsel for the governiment has on Saturday. He was sorry to see it open- the reply. A prejudiced jury requires ed again; it might be amusing, but it would very little argument to support their prejucost too much. dices.'This prejudice mrnly be cor rected Mr. N. PIERCE had become. more and by fair and ionest -argument orl the accumore convinced by the' arguments of gen- sed bu t the counsel for the governmeont tlemen, that the grand jury should be abol- has the reply; and'by sophistical argril ished. The best evidence he had, was that ment he m:ny renew those prejudice. The those who advocated it would reduce it object is to give the prisoner the benefit of one-half. It was universally allowed to the argument of the counsel. Itis ap'ri be a bad principle; tedious, and not pro- ciple engrafted in the law, that it- is better to acquit ten guilty men, than convict one ing. He had listened to the remarks of innocent person. History tells us, it is not the gentleman from Eaton, [Mr. BEARDSan uncommon thing for persons to be con- LEY,] and they seemed to him to have some. victed of crimes they never committed. If force, as applied to persons accused of we engraft this in the constitution, some crime. The gentleman from Wayne says, guilty person may escape; but it would be in government prosecutions, it is the duty better that some should escape, than that of the officer to proceed with candor and one should suffer unjustly from the oppo- coolness; to be in some way counsel for site rule. It mav be said that a person ac- both sides; but practically they take the cused of crime has equal advantages with course as if it were the case of a private persons in civil causes decided by a jury. person. Prosecuting attorneys are usually But I say, till all prejudice is removed, he selected with reference to their ability and will not stand on the same footing as in standing at the bar; and this is another reacivil cases. son why this proposition should be susMr. WITHERELL remarked that he tained. 5-ad some experience in matters of this A charge is made, public opinion formkind. When in the legislature, he had in- ed, and, ten to one, public opinion considtroduced a provision to modify the prac- ers the person charged with crime, guilty. tice on the subject. An indictment is found; then the prosecun Mr. W, explained the detail of proceed- ting officer comes before the traverse jury, ings in criminal cases, and expressed his opens the case, and presents the strongest opinion that if the amendment were adopt- case he can, fixingthe minds of the jury with ed, andit should become the practice in our the conviction that the party is guilty, courts, persons guilty of crime would go After the evidence is gone through with, nmwhipped of justice. In cases where a he closes the argument. His ingenuity is large number of witnesses have been ex- always exercised against the defendant. anined, it would operate almost to a cer- It is wrong, and we cling to it as we do to t; nty in the acquittal of the accused. The the grand jury system; because it is antidefendant's counsel would be able to mys- quated. Does not common humanity retify the evidence so as to excite doubts in quire that the prisoner should have the last the minds of the jury. The duty of reply? This is not new. In Mississippi counsel for the prosecution is not to it is their fixed system, and perhaps it is proceed in a passionate and persecuting the practice in other States. manner, but with coolness and candor. Mr. H. said we have got rid, practically, The court, by the rules of common law, is of the grand jury. We leave it to the lecounsel for the prisoner. gislature, and we have no doubt it will be Mr. W. referred to the practice in the done. If so, this must be adopted. If criminal courts in former times. Those had the prisoner is left to the dictum of a mabeen greatly modiied in favor of the accu- gistrate or prosecuting attorney, he should sed. Were have gone still further, and he have this privilege. did not see how we could go further Mr. MLEOD stated the course of prow tlhan we have done. We are all alike con- ceedings in criminal cases, and expressed cerned to see public justice administered, his opinion that in this country sufficient and we should not allow our sympathies guards were thrown around for the protecto go so far as to provide the means of es- tion of the accused. He has a jury of the cape for the guilty. The practice we have vicinage; is confionted with the witnesses, had justifies the belief that the present and can make them undergo a rigid cross Jode is suficient for the purposes of jus- examination. After the judge has stripped tice, and that it would be dangerous to in- the whole case of all extraneous influence, trodnce in the constitution the principle and presented it on its naked merits, if conembraced in the amendment proposed. victed, he has the advantage of a writ of Mr. HANSSCOM said the experience of error or certiorari, and anew trial in case the gentleman last up, [Mr. WITHERELL,] new evidence can be produced. The argave his opinions great weight; but his gument of the gentleman from Oakland practice may have created a sort of love [Mr. H atscoM] is, that the prosecuting ofanid veneration for th-3 mode of proceed-sleer hs te advantage, the other not 229 knowing what would be produced; but dent's counsel. No State, no prosecution, that must also be the case with the prose- no constituted authorities, ask for, or should cuting officer. They are both in the same ask for, the conviction of a respondent, uu" situation. less his guilt be clear. Of all reasonable Mr. CHURCH-Mr. President: The are doubt he may avail himself. Just so, if gument which we have just heard from the there be any advantage in the closing arHfon. delegate from Mackinac, is not indi- gument, if it gives another chance to the cative of that clear-headedness which he respondent for an acquittal, I am inclined generally exhibits to such a striking degree. to say, let him enjoy it. In the words of He confounds, I think, the exhibition of the old court form, "God grant him a safe the evidence in a criminal case to the jury, deliverance." with the arguments of counsel. There is Sir, I have not much considered this that difference between them which should subject; but I find that, like many other be observed in the discussion of this amend- propositions of the delegate from Eaton, it ment, and which will enable us to decide seems to deserve the attention of this body correctly in the matter. The evidence in the more it is considered. But I feel inthe case is submitted in this wise: First, clined to yield to the instincts of humanithe counsel for the prosecution presents ty where I am not guided by the deducbefore the jury that testimony which in his tions of reason; and in nine cases out of opinion makes out a case-a prima facie ten, when upon a subject matter like this case; then the counsel for the respondent we are mercifil, we are also just. presents the testimony constituting the de- This section ten, sir, has not, I fear, fence; then the counsel for the prosecution been noticed by this Convention as it introduces testimony, in explanation of, or should be. It is pregnant with instruction. in rebuttal of the testimony of the defence It is the record. in every line and sentence, -what is commonly called "rebutting tes- of the triumphs of reform; it embodies in timony." That is all right, proper and every clause a right wrested from tyrannic natural. Now it is proposed that when governments and from equally tyrannical the argument is taken up, the prosecution courts. By the deprivation of the privishould first address the jury, and that the leges in this section proclaimed, and by it respondent's counsel should then follow in maintained as constitutional privileges, answer; which should be the end of the men of genius, patriotism, and distinguishmatter. This strikes me as thebest course. ed public service, have been laid upon the First, there is a saving of time; of which, scaffold. I could review the history of now, in the trial of such a case, there is too past years-I could evoke from the State great a consumption. Such a case, I say, Trials of England instruction and warning sir, generally excites much feeling, and of the most momentous and impressive generallyinvolves a large number of facts character upon this topic. I shall supand circumstances, the discussion of which port, sir, the amendment of the delegate covers a wide ground. There are now from Eaton. three arguments of counsel, and often Mr. WALKER would inquire: suppose more, when more than two counsel are we propose this as the authority of the employed. There is no necessity for more law-the prosecuting officer makes his arthan two arguments, when they are to be gument on legal authorities-when the followed by the charge of an able and im- other answers he produees his authorities; partial judge. The last argument, when shall the prosecuting officer be cut off from pressed with zeal and power upon a jury, answering to those legal arguments? must have a strong, a paramount influence. Mr. McLEOD-One thing I would obIs it not the dictate of humanity that the serve. When a person is put on trial it is benefit of it should be given to the respon- presumed he is not guilty; he has the bendent? What harm it may do in the way efit of that presumption, and it is continued of the proper administration of justice, the till he is proved guilty. The prosecuting charge of the judge will correct. He will officer comes in to show that he is guilty; place a rational and clear view of the sub- then comes in the defendant and comments ject between the rights of the State and on the statement of the prosecuting officer. the impassioned appeals of the respon- It seems fair that he should have an opporganized, holdia State tax, aided by the interest of the ers of property will escape, except by a school fund, it will prevent much conten- State tax; and by adopting it, when a few tion and strife. But this cannot be done by feeble settlers begin to organize their a State tax: to the fullest extent,'If we schools, they ill find support. levy a State tax, to defray all the common - feel deeply upon this subject, and I school expenses of the State of Michigan, offer this substitute for the consideration of in many districts it will pay the charges; the Convention. If a better one be propoc in others, where there are but fewv h ehi- sed, I shall cheerfully sappo t it. dren, it will not. Mr. RAYNALE-I am in favor of comBut where this may be the case, they maon scheols, and fee schools, but I believe might be intelligent and wish to have a that this Convention cannot proceed any good school, and with proper authority farther, without endangering the system, might support a good school. It appears This Co.ventio.. is not as well prepared upto, me that the district should have author- on this subject as members of the Legislaity to raise a tax upon the district. if we turewillbe. Wehave receivednoinstrucgo back to our system, and collect it by a tions, and I do know that in establishing an rate bill, there is no freedom, and there original law we may do an injury to the may be very poor people in every district;, anse. LThse is one ins-irmountabie di'and the 0charges mnight come hard upon culty —there is a new system of schools, them. There is the Union school at Pontiac, coinAs a State tax will not in all cases meet bining four or five districts, and they are the emergency, the law should authorize building a union school house, which will a district tax to meet any deficiency that cost four or fire thousand dollars. And may exist. The substitute provides for we propose to, prohibit any language except, hat emergency. the English. If the union system answers, In 1839, the returns ainounted to $189,- there is a great difficulty if we fix in the 000. If a State tax were raised of fifty Constitution this prohibition Therefore, cents per scholar, and that distributed in am willln.g to Leave it to the Legislature; connection with the interest of the primary if they fal, public sentiment will set them school fund, it would mnake 85 cents per right, and urge them fti-S'ard uati' the sysscholar. tern is perfected. A school of 100 will be entitled to $85; M. WHIPPLE-I wish to make an inbut there mlay be 10 months school, which quiry or two about this subject, as the inwould require much more than $10Q0, and formation we have received I do not deem we have but $85 to defray the charges. sufficient to guide this Conventio to a j,ust How can we make out the balance? By conclusion. I do not desire at this time to a rate bill as at present? That is not car- impose upon the people of this State a burrying out the principles of free schools. den which they cannot well bear; but I I see neither injustice nor impropriety hope that instead, we shall, as the result of in resorting to a district tax; but there is our deliberations, lighten the burdens that an impropriety in taking town or district they have previously borne. We are yet taxes wholly for the support of the school. in our infancy; we have much to accomSuppose we have a township of 400 plish; and I hope that in a short time we 269 shall be able to effect it. I do not mean Mr. CORNELL-I did not intend to say our physical development alone, but our one word; but I merely introduced this as, moral, as a. State. a simple proposition, to know whether the I think that the question as to the num- Convention were prepared to go forward in ber of children who attend school in Mi- favor of free schools, and to leave it within chigan, has been answered about 130,000, the reach of the people to correct whatand the amount of the interest of the school ever mistake the Legislature might make. fund I believe to be about $40,000. I am In answer to the gentleman from Berrien, desirous of obtaining information as to the [Mr. WiHIPPLE,1 who said he was not preaverage increase for the last five years, so pared to go so farthat we may ascertain the probable increase Mr. WHIPPLE-I said I was not prefor the next five years, and thereby esti- pared without further advice. mate the amount of money that we shall Mr. CORNELL-I would merely ask receive from that source, and then the av- him, have not the schools been kept up? erage amount of taxes for the primary and have they not been paid for? The schools. I should like to know the amount people have paid for the schools; and can of school lands that have been sold-the they not do it again? By the former law, average amount of sales; then 1 should some individuals were shutout. We want it like to know the number of pupils who at- now so that all can come in; and it will tend school-the proportion which they impose but little additional burden. bear to the number of those between the Mr. WALKER-By referring to the reages of four and eighteen, who do not at- port of the Superintendent of Public Intend, and then I shallbe able to form some struction, I find that the per centage was: adequate idea as to the amount of taxes Am't per schl'r. No. of sch'irs, which will be required to support a system 1845, 2S, 90,006 of free schools. 1846, 31, 97,658 I regard this as the most important ques- 1847, 30, 108,130 tion that has come before us thus far; and 1S48, 33, 118,272 I -am not prepared to go so far as to make 1819, 33, 125,218 it obligatory upon the Legislature to estab- The system proposed by the gentleman lish free schools, except the people wish it. from Genesee is of the same character as I think that the people are prepared for, that adopted in the State of New York; and wish this system, if it do not cost too and which has one of the ingredients of much. It is a matter of great importance discord which would, as I believe, destroy that free schools should be established, and the schools in this State, if introduced. I we must commence in our infancy, if, as a have in my possession a letter from the people, we expect to be strong and vigorous deputy Superintendent of Public Instrucin our youth. I did not rise to make a tion in the State of New York, in which he speech, but merely to throw out a few re- says that, if any attempt should be made to marks for the purpose of obtaining the in- change our school system, we should avoid formation which I desire to receive. raising any portion of the tax in the Mr. J. D. PIERCE-There is a docu- school districts, as such a provision inthat ment by which the gentleman from Berrien State had operated as an apple of discord, might obtain the information, and had proved very disastrous there. Mr. WHIPPLE-There is a document, For that reason, the committee avoided any it seems, by which I can obtain the infor- recommendation of the kind. I think the mation. One point I will mention. It substitute of the gentleman from Jackson would be wrong to enact that every lan- contains all that is essential to be placed in guage should be excluded except the Eng- the fundamental law, except the minimum lish language. In Coldwater, I am told, time that such school shall be kept. It that instruction is given in the French might go alittle further, but it should stop and Latin tongues. In some of the Ger- at nothing short. man colonies, I am informed, there is a dis- There is another question which his position to use their native language, in pre- amendment does not cover; and I will test ference to the English. In such cases it the question in a third sub-division: "That should be applied. instruction in all the schools shall be con68 270 ducted in the English language." This I Mr. LEACH-It was only to supply the offer as an amendment to his amendment. deficiency of the State tax. This avoids the difficulty suggested by the Mr. ROBERTSO-N-Cannot the Legismember from Berrien; it does not declare lature provide for the deficiency? that no other lanoguage shall be taught; Mr. LEA CH —The Iegislature can but it makes the English language the me- authorize the raising of money, but it does dium of instruction. not make it compulsory. Mr. WHIP PLE-How is that possible, | Mr. VAN VAL1KENBURGH-I bewhile lenarning another language? lleve that I understand the question now; Mr. WALKER-I believe that instruc- it is upon the substitute of the gentleman tion is very often imparted in a different from Genesee. language to the one that is taught. For The CHAIR stated that it was upon instance, if the gentleman has learned the striking out that part that relates to the Latin language, the instruction was impart- right of the district to raise a tax. ed through the medium of the English Mr. VA.NVALKENBURGH-The diftongue. Something to this effect should ficulties in the State of New York have be done. If this does not effect the purpose grown out of this source. I think the I shall be glad to find a better remedy. s-ubstitute of the gentleman from Genesee Large numbers of emigrants are locatinng should be adopted, so that we shall be in the State; it is tle true policy of the sure of having free schools open to the'State to have them acquire the use of the whole community. English lalnguage in the shortest period Mr. CORNELL-In the original law, a practicable. There is an anxiety on the provision was made which would have part of these emigrants to preserve their rendered the schools essentially free; but own language, to the exclusion of the Eng- the districts got at loggerheads, and would lish; this is an evil that should be reme- do notlhing about it. died. If any other method will better e.f- Mr. RAYNALE-How can the defifect the object, I shall be glad to have it ciency be made up if the State tax is not suggested and adopted. sufficient, without some liberty to make g Mr. J. D. PIERCE would suo-gest that tax? It cannot be managed without col in all such schools, instruction should be lecting a surplus fund. I am opposed to given in the English language. the system as it stands now. By levying The motion was lost. a State tax sufficient, the people might Mr. AXFORD moved to strike out the swallow it readily at first; but it would word "shall," and insert "may." soon be found out, and difficulty would The motion was lost. commence. We may gradually creep intou Mr. VAN VALKENBURGH —I trust a system of free schools; as our funds inthat the amendment will not prevail. The crease we may extend and enlarge; but I people have decided that they are in favor am unwilling to place it at present upon of free schools. the basis of the gentleman from Jackson, The CHAIR-The question is upon the or that of the gentleman from Genesee. substitute of the gentleman from Genesee. However, when thp time comes, I shall Mr. RAYNALE moved to strike out call up my amendment to strike out the "eighteen," and insert "twenty-one." whole matter. Which was accepted by Mr. LEACH. Mr. FRALICK-From all that we hav6 Mr. J. D. PIERCE-I move to strike heard, we might suppose that at present out all that part that gives the district the we have a system that is oppressive-that right to tax. My reasons are, that I deem the people could not exist without we it impolitic to give the district the right to have a change. What is the present systax-to raise the tax for a school, at all, tern? We have been perfecting it for the or giving them a right for any purpose ex- last fifteen years; it may want a little alcept for building school houses, or repair- teration, that is to say, take the power ing the same. I have no doubt that the from the districts and place it in the hands chief difficulty in the State of New York. of the towns or the counties. The diffiand our previous difficulty in our schools, culty now is in the districts, and the dishave arisen from such a source. trict officers are not generally so compe 271 tent. We have a free school-have had eighteen years, in any township or city, and for years. Property might be taxed for the amount of such tax in each township the support of schools-it is the people's or city shall be distributed to the several system-a free system. But have the districts therein keeping a three months' people universally gone to the extent of school, in proportion to the number of the law? No, sir, it has not been done. children between the ages of four and Because they had not the power-because eighteen years returned from said districts they did not know? No, sir. But because respectively." they did not think it the best so to levy Mr. N. PIERCE hoped that it would all the tax. And, if they have sent us here be stricken out. Why did not the districts to levy a tax upon the whole population authorize the money to be raised as the of the State, why have they not done so law permitted? Because it produced diffor the last two years? They have had ficulties-for the reason that if you allow the power in the districts, yet not one in one man to put his hand in the pocket of one hundred have levied a tax as much as another, he will be very likely to put it to they were entitled to do by the law. the bottom. The district that I live in levied a tax I believe that the greatest difficulty in last year for the first time; we went to the the State of New York has arisen from the extent of the law-one dollar per scholal. authority given to the districts. Those Well, we knew what that meant, and w( who pay the least wish the greatest amount paid it, but a great many found fault; and to be imposed-those who have to pay if you place a system of that kind in thle the most naturally engender hostile feelconstitution, a great many votes will be cas ings; it does not'answer the purpose. against it. I think we might impose a tax upon the We have a system upon which the peo- taxable property of the State, but that it pie can act every year. Still, it is said should be limited to two mills upon the that we must have another change-that dollar; and the rest, a tax imposed upon people want free schools-that we must the district, or the persons sending to take our entire system and throw it away, school, or the property of the town or disand legislate in this Convention to obtain trict. an object which we had before. I think The State of Connecticut has done the the present system is as near right as it best ol any State in the Uuion. There can be. I have heard from New York, they collect the public money and pay it that they have had difficulties there; and to the district; the district keeps school a i do not believe that we can change the certain length of time, makes a report, present sy-tem much for the better. then receives the public money. The balI have drawn up an amendment, which ance is made up according to law. They I will read, taken from the old constitution, eclucate all classes of the population withwith this change-giving the towns the out controversy. They hiive the most authority formerly exercised by the dis- funds and have great unanimity. tricts: I know of some districts in Washtenaw "Sec. 3. The Legislature shall provide where they have spent money needlessly. by law for a system of primary schools, They have paid great sums to the teachby which such schools shall be kept up and els —paid the officers of the district one supported in each school district, at least dollar per day for their services; and I three months in every year; and any school know that this has produced hostile feeldistrict neglecting to keep up and support ings. Persons who send to school should such a school, may be deprived of its pro- pay something —how much I do not know; portion of the public funds; and a tax shall but I think that a small tax imposed in be levied on the several townships and cit- that manner would bring the district to a ies of the State, upon the whole taxable better understanding than if left entirely property in such townships and cities to the control of external operations. It respectively, for the support of such is, besides, in that manner productive of schools, provided such tax shall not exceed greater harmony. the amount of in any one year, for Mr. LEACH-My substitute provides all children beetween tIhe ages of foiur and fo~r a tate tax, If I could have my wy 2.2 it should be so high that the schools would what system or mode they think best; eibe nearly free. The gentleman from Wayne ther by general taxation, or tax levied on says that the present school system is near- the school districts, towns or counties. It ly as good as free. We have the privilege has been said that the system in the State of drawing for a school of 30 children of N. Y., was nut involved in difficulty. about $9 from the State, and $30 from the I received a letter from the deputy Superdistrict, which would give three months a intendent of Public Instruction: he says male teacher, at $9 per month, and thir- that the system is in danger, because they teen weeks a female teacher, at 8s per had commenced upon a wrong principle. week. We know what $9 and 8s teachers The difficulty is this: in one district aperare worth. If we are to have good schools son owning a certain amount of property we shall have to employ teachers that will will have to pay $30. In the next, probacommand higher wages. It appears to me bly a person with the same amount of propthat we ought to take action to ensure the erty, will have to pay no more than $5. public interests of the whole people-not Men can and do draw comparisons, and. to guard our own pockets; and with due the result is a strong feeling of dissatisfacdeference to my friend, I believe that there tion; so much so, that the language of the never was a man yet who could find the deputy Superintendent was, that the sysway into his pocket. tern was in danger. His opinion was that Mr. CRARY-I am in favor of the pro- the Legislature would submit it to the peoposition to strike out, and am in favor of the pie. substitute of the gentleman from Wayne, Mr. CHURCH-The question is suband will endeavor to give my reasons for mitted. so doing. Mr. CRARY-I think that the best plan We have now had a school system for would be, to leave the system to be perfifteen years. The first law was passed in fected, if it need be, by the Legislature. 1840; the one now in operation was estab- The committee on education have, howlished in 1843, and was constituted nearly ever, neglected an important feature: they the same as it stands now; and I consider have made no provision for a forfeiture of that it is as good a system as ever was got the public money, if a district neglects to up; I know too, that it has been copied in keep a school a certain length of time. The several States. It provides for the educa- old constitution said, if the district did not tion of every person in the State, as far as keep up a school for 3 months, they should our ability goes-it winds up its own busi- receive no money. If we are going to ness, and it leaves no difficulties that were have a system of free schools, there should incident to the first system, where there not only be a forfeiture of the public mowas a tax collected by the district. It ney, but a penalty if any district neglects gives good satisfaction to the people-it to comply with the law. I think that a does a great deal of good at the present system of free schools will.ventually be time-keeps up an interest in the minds of adopted. I am willing to leave it to be the people for the great cause of education. fixed by this Convention, if an interval of And, however we may leave this Constitu- four to six years be allowed from the prestion with regard to free schools, the sub- ent time. I am willing to leave it to the ject has taken such a hold upon the public Legislature, as long as you keep a public mind, that except you absolutely prohibit officer, whose business it is to attend to the it, the people will have the best system. cause of education; but when that officer We may, however, hedge round the system is struck out, I should think that the cause so much that it may be condemned before of education is in danger, but not otherit can fairly be tried. It took from 1843 wise. I believe that that officer is requisite until the last year to perfect the system, to sustain and forward the cause of edand as so much care has been bestowed, ucation; and that it is necessary that each and it gives such general satisfaction, we State should employ one; and that he had better simply interweave in this Con- should have the same dignity and respecstitution the substitute of the delegate from tability that is given to the first officer of Wayne, leaving it to the action of the Le- the State. If we are to have a system of gislature to provide for free schools, by free schools, we should have an officer to 273 look after the interests of the whole State; I LEACH'S substitute as amended, it was not attend to the various departments, and the sustained. various responsibilities connected with the Mr. BUSH moved to amend Mr. Con. duties. I should prefer to keep him, even NELL'S substitute by striking out "shall" if his salary was stricken down to $' 00; if and inserting "may." you retain the officer, lle will keep the Mr. BUSH-I am opposed to the procause of education before the people, and vision, as reported by the committee, and it will flourish. All that I think necessa- in favor of the amendment. The proviry is, to adopt the substitute of the dele- sion as reported gives the power to raise gate from Wayne, and provide a forfeit- revenue sufficient to make schools free:ure. first, to the township, and in case of defiMr. MOORE — I do not believe that if ciency, the deficit to be raised by the school the sense of this Convention was taken, district. Experience has shown us that we should find six gentlemen that are not great inequality in taxation will exist in in favor of free schools, and yet the pres- different locations of the State; it but proent system can scarcely come under that poses to make permanent in the constitudenomination. In our district we have a tion the system that was commenced unman who has twelve or thirteen children. der the liberal provisious of our present He said he was- not able to send them to constitution by the statutes of 1838. The school. The district said send them and Legislature then, actuated by the purest we will make up the difference. Now, patriotism, provided that any deficiency sir, I want the present system so modified that might exist, after using their proportion that every man shall send his children to of the primary school interest fund, might school, whether he can pay or not, without be raised upon the taxable property of the any provision that seems like a poor law. school district. The inequality that exI think that we should all be in favor of isted in the districts was so great, and so free schools; there can be no person ob- apparent, that the system fell at once into jecting except those who are wealthy and disrepute. One district would, by econohave no children. I think that we ought to my, cause a school to be kept up without establish the system upon a thorough ba- resorting to oppressive taxation; another, sis, and I shall be glad to see it inimedi- perhaps, in the same township, by prodiately adopted gality and extravagance, levied a tax upon Mr. TLFFANY-I am in favor of free the property of their district, ostensibly schools; but I do not see the necessity for for the support of schools, which the proour saying in this constitution that there perty holders were neither able nor willing shall be free schools, as I have no doubt to bear. This evil existed in some port that the Legislature will do it when the tions of the State to so great an extent people demand it. as to effect the relative value of real estate, The present amount of about thirty- and necessarily led to a modification of three cents per scholar will not do much the law. I therefore am opposed to the towards keeping a school up for six months provision as reported, believing that the in a year; and the various modes of taxa- same evils would result fronl its operation, tion proposed, whether by State, town, and the consequences would be more discounty or district tax, will make but little astrous from a constitutional provision, in difference, as the whole weight has to be consequence of permanency, than from a; borne by the people. A tax that would repealable law. keep free- schools for even six months, The amendment piovidesthat ataxshall would be very large. Whyl should we be levied upon the whole taxable properplace in this constitution an amount that ty of the State, and shall, when collected, we may be sorry for, when we know that be distributed among the districts, in profrom time to time the Legislature can and portion to the number of scholars, in the will regulate the matter. same manner as the primary school fund The question recurring upon Mr. J. D. is now distributed. As a friernd of uhiver.. PIERC-E's amendment, the same was car- sal education, I go' for this measure, be, tined. lieving that the whole property of the The question tlen recurring upon Mr. State should be taxed for the education of tq9 2T4 the children of the State. Under this sys- case, as they seem unmindful of the fact tem, schools may be free, and will be free, that property is always more lightly taxed if wisdom characterize the action of those in an educated than in an ignorant conm whose duty it becomes to carry out this munity. principle. The only question with me is We should provide for two things: one this: the amendment provides that the Le- is equal taxation; the other, that the rising gislature shall provide for levying a tax. generation shall be instructed. But it has &-. I would prefer the word m4.y to the been said that the Legislature had the powword shall, although probably the effect er, and we are asked why they did notexwill be about the same. Action cannot be ercise that right. I answer, thft the will enforced until it is deemed expedient-an of the people has been defeated by the imperious mandate is as importadt as a mere talents of men like the gentleman from permi.sion, unless sanctioned by the public Wayne. Numerous petitions were received will; and when so sanctioned, either is ef- last winter by the Legislature, praying for fectual. The principle contained in the free schools. Why was it not granted? amendment I am in favor of, but would Not because there was a feeling against it; prefer a slight change in the language, lest but because those opposed to it pointed to it might lead to an impression that by our the assembling of this Convention-that action, we were increasing the burdens of it had better be left until that time. the people, when, if one thing, more than I am not satisfied with this amendment, all others called this Convention together, because it surrenders the principle. If it it was that by remodeling the Constitution, cannot be established for six months, let it taxation would be reduced. be for three; but I hope that we shall not Mr. FRALICK moved to amend section be satisfied with any amendment short of 3 by striking out all after "shall," in first that. Every collection of taxes by a dis. line, and inserting "provide for a system trict, is liable to be unequal. of primary schools, by which a school shall'I his would be extremely unwise and be kept up and supported in each school unjust. The true theory of government, district, at least three months in every year; as understood at the present day, requires and any school district neglecting to keep the whole property of the State to support up and support such a school, may be de- the government of the State, instituted for prived of its equal proportion of the inter- the protection of said property. And Ino est of the public fund. And the Le'risla- fact has been more satistactorily established ture may levy a tax on the whole taxable than the fact that the property of the State property of the several townships or cities can more cheaply educate the people of of this State for the support of said the State, and maintain the government schools." over an educated people, than it can On motion of Mr. BAGG, the word support a government over an uneducated "ulp" was stricken out wherever it occurs people; and that a tax for education l puria the amendment. poses is but an interest tax for the protec_Mr. BRITAIN-I am glad to see the tion of property, and should be paid equalfeeling in favor of free schools as express- ly by all taxable property protected. ed in this Convention, and that the pre- If these premises be true, the duty of vailing sentiment appears to be, that it is this Conventton must be apparent. It is proper to make it obligatory, either now, alike bound by justice and sound policy or at some future time, upon the Legisla- to provide, by a tax upon the whole properture, to provide for them. I believe that ty, for the most economical and perfect the feeling of the people is in favor of free protection of the whole property, instead schools; but there is a feeling of a differ- of leaving it subject to the payment of onent description. It is that of the property erous taxes for the support of government, holders. They arepossessed of great in- over a population but half educated fluence-they well know how to defeat the by the limited means heretofore drawn will of the great body of the people on with so much injustice from parents and this subject, and. thereby leave the educa- guardians, ulho posses:i comparatively but toan of the youth solely in the hands of pa- a small share of the property of the State. -,s r:gjardians That is eertainly the Ther is another argument ia favo of 245 free schools, which addresses itself to district. A school in every district shoixl higher motives, and the soundness of be free during a part of each year, to all whlch is perhaps quite as well established scholars residing in the district, and made as the former. IG is this: the chillren of free from expense to all who eare unableto the State are the property of the State, and pay; and also made as nearly free from exentitled to support, education and occupa- pense to all as shall be consistent with a tion, whether their immediate guardians guarantee of an economical expenditure of are able to give it to them or not. the public moneys; and the tax for the This theory, resting upon the character, support of such schools should, as far as and resulting from the obligations of our practi:able, be a St.ate tax. civil compact, formed for the purpose of Mr. CRARY-.By the present system supporting, protecting and benetitting. each we have about 33 cents per seholar-the other, claims that the present generation is tax upon the district-the residue raised bound by the strongest obligations of du- by a rate bill. We have thus three soarty, tosupport, educate and qualify for self- ces of revenue at the present time, and government, the rising generation; and so many persons are not prepared to go furmany mealns are already provided by law ther than the method suggested by the subfor the accomplishment of these desirable stitute. Some wish to make it imperative, ends, that to a discriminating mind, the but I do not think that i is desirable to evy only wonder is, that more direct, just and a tax, and I will give my reasons. efficient means have not been adopted for It is a pretty thing to have a beautiful the accomplishment of so desirable an oh- theory, but sometimes the practice is very ject. But, Mr. Chairman, the mostdifi- different. Difficulties will arise under the cult questions connected with this sub- general tax system. If you go and levy a ject are, the best method of raising the tax-a tax for the whole State-who will means, and of insuring their economical regulate the prices to be paid for teachers expenditure. If'you raise the whole in the districts? If left to the district, what amount by a State tax, there may be dif- will they make the expenditure? They may ficulty in securing an economical expendi- pay their teacher forty dollars per month ture, as the immediate interests of persons and have but a few scholars. There will interested with the expenditure, will be to not. be that care which is required at predraw as copiously from the fund as practi- sent, and the chief expense will be thrown cable. If you raise a part of it by State upon the more wealthy portion of the State. tax, and permit the districts or townships It would be the best to leave it open; let to raise the balance by district or town- the Legislature say whether it shall be by ship tax or a capitation tax, or by rate towns or counties, or by districts; making bills, as they may deem expedient, some will it imperative that in two, four or six years, raise by district, some by township, and a free system of schools shall be establishsome by capitation tax, while others will ed. If we embody in the constitution, to collect by rate bills, fiom parents and take immediate effect, the substitute of the guardians. gentleman from Genesee, we shal' not conThe property of a district supporting its vince the people that we have done one schools exclusively by a tax upon proper- thing towards lessening the expense, for ty, would pay a higher tax than that of a we cannot carry his proposition into effeck township supporting its schools in partup- short of a tax of $100,000 for the State; on rate bills; dissatisfaction would inevita- it will probably be more, but I am taking bly be the consequence, and the system a low estimate. Now, if in this constitumight be broken down by the crafty pro- tion you impose a tax upon the people of perty holder, before it received a fair trial. this magnitude, how mush will they thank I think that all the burdens we impose you for it? They will say, we sent you should beimposed equally. That the best to lighten our burdens; you have made method of accomplishing this will be to them greater. raise a large portion of the school moneys I think that it must be left to the Legisby a State tax, and the balance by a uni- lature. It is, I think, the voice of the Con. form tax, as far as the interests of educa- vention to have a free school system-it is tion will permit, beyond the control of the my wish —but we must xnot impose ta heavy a burthen to accomplish this object; Wait, Walker, rWarden, Whipple, Wither for if we do, the people will not sustain our ell, Woodman, President —44. action. So the motion to indefinitely postpone On motion of Mr. AXFORD, the corn- wVis lost. nmirtee, through their chalirman, reported Mr. ALVORD moved to amend the resback to the Convention, and asked leave oluiion by adding thereto the following: to sit again. "And all members who have been hereLeave was granted. tofore, are now, and who may be hereafter On motion of Mr. VAN VALKEN- absent, and also those who remain at the BURGH, the Convention adjourned. Capitol during the adjournment, shall receive no per die " When, on motion of Mr. HANSCOM, the Convention resolved itself into cmaTHURSDAY, (22d day,) June 27. mittee of the whole on the general order, The Convention met pursuant to ad- Mr. J. BARTOW in the Chair. journment and was called to order by the -Article -, Seat of Government," beo PRESIDENT. ing under consideration, Prayer by the Rev. Mr. ATTERBURY. Mr. ALVORD moved to strike out all "Article —, Militia," was read a third after the," in 1st line, and insert " City time, passed, and referred to the commit- of Detroit in the County of Wayne." teeon arrangement and phraseology. Mr. KINGSLEY said the committee The Article entitled "Executive Depart- who reported this article were unanimously mnent" coming up for a third reading, in favor of locating the seat of government On motion of Mr. HANSCOM, it was permanently, whele it now is; and he was laid upon the table. not aware of any difference of opinion on Mr. HASCALL'S resolution of yesterday the subject amongst the members of the being under consideration, he modified the Convention. There might have been some same so as to read as follows: other propositions talked about, with the Resolved, That during the adjournment view of entertaining the people of this vilvoted this morning, the per diem of mem- lage, but there was not a single person, he bers of the Convention be suspended. Al- believed, who seriously entertained the so, the per diem of officers, except such as idea of its removal. If the gentleman shall remain at their duties at the Capitol. from Wayne was really serious in offering Mr. ALVORD moved to indefinitely the amendment, he [Mr. K ] would wish postpone the same, and the yeas and nays to hear his reasons. He did not believe being demanded, the result was as follows: any reasons could be assigned for remoYEAs-Messrs. P. R. Adams, Alvord, ving the capitol. It had come here withArzeno, Barnard, J. Bartow, Beardsley, out any particular influence to favor it. Beeson, Alvarado Brown, Asahel Brown, There was no city or village here at the Butterfield, Chandler, Crary, Crouse, Des- time-those now residing here have had noyers, Dimond, Eastman, Gale, Graham, an equal chance, When self interest could Harvey, HdAthaway, Kinne, Leach, Lee, not be gratified by the permanent location Marvin, Mason, Moore, Mosher, Mowry, of the capitol, the Legislature cast about, Prevost, Raynale, Roberts, M. Robinson, and fixed upon this place. I think.[said Soule, Storey, Sullivan, Sutherland, Tiffa- Mr. K.] it is pretty well located. It is a ny, Van Valkenburgh, Webster, Wells, pretty place, and a healthy place. It may Whittemore —44. be a little too far south. An extensive NAYs —Messrs. W. Adams, Anderson, country lies to the north of this place-.Axford, Backus, Bagg, Britain, Ammon rich in agricultural resources, and which in Brown, Burns, Bush, Carr. Chapel, Choate, time will be settled with a dense populaChurch, S. Clark, Conner, Danforth, Dan- tion. At any rate, the city of Detroit iels, Fralick, Gardiner, Gibson, Hanscom, should not ask for it. It is more for their Hascall, Hixon, Kingsley, Lovell, Morri- interest that it should remain here. The son, Newberry, Orr, J. D. Pierce, N. country will be settled with more rapidity Pierce, Redfield, Robertson, E. S. Robin- -plank roads and rail roads will be ex-on, Rix Robinson, Skinner, Sturgis, Town, tended into the interior, and Detroit, a ommercial city, will receive far more ben~ State desire tha c1hange of the location of tefit from such improvement, than if the the capital; and I should not think I did Legislature sat for forty days, once in two my dluty to my constituents and the people years, in the city. ie LMr. K.] would like of the State, unless i defined my positior to have it removed to Ann Arbor. The' on this question. people of Jackson would probably like to Mr. VAN VALKENBURGli —I was have ie. there. So of Marshall-'out they not much surprised at the prPoposition of cananot have it. Let Detroit be satisfied with the gentleman from WaVyne, [Mr. ALvoRD;] twhat they have. Theirs is a great commer- but I was surprised when the gentleman cia.l city; they have advantages which none told us he was in earnest-that he was,other in the State possesses. The interests never more serious in his life. With my of the State required the seat of govern- opinion of the gentltman's good sense, I ment to be established here, and lie be- could not reconcile it.'What would he do? lieved there was no disposition among the The capitol has been located here three delegates of the Convention to remove it. I years. About the propriety or improprieMr. J. D. PIERCE moved to insert New ty of locating it here at the time, I take no Buffalo, in the county of Berrien. issue. The gentleman from Washtenaw Mr. ALVORD —. can assure my friend has given us the reasons for proposing its from Washtenaw, that I never was more continuance in the presentlocation. Those serious in my life. The gentleman asks reasons have weight with me, and will also for reasons. I ask, what reasons induced have weight with the Convention. the change from the city of Detroit? One The main argument of the gentleman reason is, because we want it changed. We from Wayne is, that we are infested with want it in the city of Detroit, where it mosquitos, and that they are of a peculiar should have remained. It is a notorious kind —of large stature, and possess great fact that the people of this State, generally, tenacity of life-that they will continue to think it was the greatest humbug that it live in winter. I. sir, [said!Mr. VAN V., was ever removed. Stuck out here in the have not been troubled with them. I have woods-inaccessible —in the midst of a for- formedl no acquaintance with associates of est-~where the delegattes to the Conven- that kind. He asks us how we have been tion and members of the Legislature are accommodated here. I answer, I have constantly annoyed with mosquitos-for been well accommodated; I have had all the life and soul of me, I never saw such the accommod:ations I require, and so far mosquitos-they are large enough, and as my intercourse with the inhabitants has have tenacity enough, to hold out through extended, I am constrained to say. I never the winter. fell into a community where I was treated Detroit, sir, is the commercial metropo- with more kin!lness and hospitality. I lis. There the people do their business. think of all locations, this is the mo[st propThose who do business at the seat of gov- er. The argument that we are i-oernment, do their commercial business at lated from the world, is an advantage. We Detroit. It is more accessible than any are clear of outsiders andt lobbies. This other place in the State. A circumscribed is a proper place, sir. circle larond tlis place may be accommo- Bat there is another argument over and dated; but how are the great masses of above all others; like Pharaoh's lean kine, the people accommo lated? How is th^ it swallows up all the o.hers. The characvast population that will cover our Upper ter and faith of the.tate are plel geld. InPeninsula to be accommodated? They dividuals h Ive come here n,:l invested their will have to come to the commercial me- all, in view of the location here for all time tropolis before they can get lere. It is to come. It would be worse than robbery the business place-the ou-let of the Stte — to tho(e who have come here un ltr the and is the place that common sense auspices of the State and invested their would dictate as the seat of government. property, to remove the capitol. The genI admit Isai,l Mr. A. } that a few here are 1 tlelm fin om Wayne says there is ar strong accomnmodated; but, I ask, if a few are to sentiment in ftvor of removing to Detroit. be accommodated at the expense of the i Sir, it is not so. The sntnimeln of the peomany? I do believe that the people of this ple, so far s I know it, is against the remoTO oal of the capitol If e.ver the capitol oof wholpe peopl in. When benefts are to be Michigan be removed, it will be farther in- conierred. we wish them to be confined to to the interior of the State. our locality. They have got a splendid Mr. ALVOD — I did not intend saying country here. It only wants to be seen to anything disrespectful of the people of L in- settle it, and. make it one of the finest parts sing, and I believe tihe gentleman from of the St;ate, Oaldand, [Mr. VAN VAL ENsBUt:IRH, has The question was talken on Mr. J. D. been treated with rmuch hopitalvy. I PiEnCE'S amnendment, which was lost. have seen it in our streets and elsewheure. Mr. ALVORD'S amendment was negac The reason why the gentlelma n has not been tived. troubled with. te biles of the mosquitos, The commnittee then proceeded to the may be attributed to the discriminaLting consideration of "< Article -, Elections." taste of those little insects-to their choice AMr. MORRISON moved to strike out in the article of food. the words incldled between the word'' inMr. J. D. PIER JE-If the staterment habitant," in third line of section one, and of the gentlelman from Wayne is correct, the word ~ shall," in fifth line, and to insert there must have come a change over < of the aoe aforesaid, who may be aresit Wayne county. In 1847 the delegation of dent of the State at the time of the sioning Wayne voted for its removal here. of this Constitution~" Mr. FRALICK said he had the honor of Mr. RAYNALE offered the following having' a seia in the Legislature of'47, in substitute for section one: part representing, Wayne county. He vo- " In all elections, every white male citited for the location at Lansing, and had not zen above the age of 21 years, having reyet regretted the vote he gave on th-it oc- sided in this State six montis next prece. casion. He had entertained the opinion ding an election, shall be entitled to vote then that it was the best move for the whole at suchl election; and every white male inpeople of the State, and he entertained the lhabitant of the age aforesaid, having resisame now. His colleague seemed to in;i- ded in this State two years in all, shall be mate that the capitol was located here for entitled to vote at all elections: Provided, the benefit of some. few individvuals. That Such inhabitant shIll have resided in this was not the case. The capitol was located State for the six months next preceding on a school section, and na large amount of such election; but no such citizen or inhabmoney h.dl accrued to the school fund from it int sh':ll be entitled to vote, except in the its location here. ie [Mr. F. believed. township or ward of which he is an actual that it was more for the benefit of Detroit resident" that it should remain where it is. The Mr. MORRISON said the ameninmeunt only question at the time of the removal he proposed was a provision incorporated was, whelter it should remain in Detroit in the old constitution; no evil had resulttill some accommodation could be had here. ed from it, and he saw no reason why it There was some inconvenience felt the first should not be incorporated in the present. winter; but where ever was a new country There are inhabitants now in the State to settled without some difficulty? He recol- whom the elective franchise might with lected the time when it was as difficult for great propriety be extended. He was disthose settled twenty-five miles from De posed to give them all the privileges of cittroit to get to that city, as it is to get Izens, as far as it could be done by the here. Let t:e capital be located perm;t- State. nenlly here, and in a very few years there Mr. BAGG concurred in the views enwill be every convenience for gettinir here tertained by Mr. MoRRIsoN. He would There is, tsaid Mr F j another point of cheerfully support the amtenlment offered. view in which this ques;ioa oud'i L to be Mr. RAYNALE said-The gentleman considered. All the southern and, eastern who offered the amendment [Mr. MORRIcounties have had the benefit of the pat- SON] seems to think there is the same neronage of the State. They have h-lA the cessity for incorporating this provision in Southern and Central R tilroads built; De- the present constitution as there was when troiu has had the benefit of those. When the old constitution w,.s framed. Our State we talk of taxation, we wish to bring the I Government was formed under the ordi S79 nance of'87 HIad the inhabitants at that izens or have the right of voting. In two time been all aliens, it would havee been or three ye:ars they will become acHquainted perfectly consistent for them, under tlhe au- with our systemi of government and can thority of that ordinalnce, to have gone on vote intelligibly. and frimed a constitution and State.ov- The amendment of the gentleman from ernment. We are now in a diffieenlt sit- Cllhoun would operate unequally. Those nalion; we have at State government, an:l who come in a week before the adoption of we have the right to s y who shall be this constitution will not have to go electors. I [said Mr. R.] was in favor through this form; f hose who come in one of it at that time-in'35. At that time week af er, will. There can be no mateevery white male inhabitant had a right rial difference in their intelligence. It to vote. I am in favor of the principle would operate unequally if incorporated in now, if the circumstances were the same the constitution. as to require it in the present constitu- The amendment offered by Mr. MORRXI tion. I am in favor of every white male SON did not prevail. citizen being entitled to vo:e on some cor- Mr.`UTHERLAND moved to amend rect principle, and a principle that can as follows: be applied to foreigners or aliens; but Add at the end of section 1: "All forI think people coming here from a foreign eigners who shall have resided in this country ought to have time to prepltre State one year previous to the adoption of themselves for exercising those privileges this constitution, shall be entitled to vote at under our instiuudions. The time I pro- any election; provided that they shall pose in the substitute I have offered is two not have,such right after five years, if, duyears. 1 think that is liberal-it would ringr that period, they do not become natunot be onerous or severe. It would give ra'ized, and be able to read and speak the a man time to make himself acquainted English languorge." with our institution;. It appe;ars to me, Mr. WITHLRELL moved to amend the the section I have sent up embraces the above by striking out, "and be able to read most rational plan; and that it will meet the English language.' with the wishes and views of the people Mr. SUTHtERLAND said —In the counbetter than any other that can be adlopted. ty of Saginaw over a thousand Germans As to whether the sons of those who have are located, where there are but few of the right to vote under the old constitution our citizens. They are desirous of orgawill have a right to vote. I crnot say. All nizin( school districts, where there is not. under the old constitution will have the a sufficient number of our own citizens to right to vote, and all born here will have ill the offices. Unless there is some prothe right to vote. vision placed in the constitution, for the Mr. R. considered it too long to require time being, to allow them to hold office, a person to remain five years and become andc to vote, they wiil be unable to enjoy naturalized under the laws of the United the privileges to which they are entitled. States beforw lie could vote. He would But, though they ought to be put in posonly require a man to have time to become session of those privileges to which their acquainted with our institutions; he would adventurous spirit entitles them, care not require him to have papers in his pock- should be taken that they do not abuse et to entitle him to vote. those privileges. There is a disposition Mr. HASCALL-The privilege of vo- among them to colonize and settle togetler, ting ought to be founded on the knowledge to encourage their own habits and maintain of our institutions. We have in our bor- their own language If this is encouraged, ders great numbers who have emigrated it may take generations to adapt them to to this country who do not speak our lan- our language and the genius of our instiguage and have not become sufficiently ae tuti,ns. If this is struck out, they will quainted with our institutions to vote in- speak and teach their own language —they telligibly. The provision reported by the will keep up in their schools their own lancommittee requires them to go through guage, and that alone. Adoptthis amendthe process prescribed by the laws of the ment with the proviso, and they will have United States, before they can become - it- t e rigl oht f voting, arui' filling! thoe offieo 2s0 and in five years they will read and speak Mr. HASCALL thought it best to let the Englislh 1inguage. They are intelli- them work ou!. iheir citizenship under the gent men. They speak the Germ:in an.l laws of the United States. for the reason lFrtnch, tand somen of themi the Elnglish lan- that thol se who wi-h to becomte voters will guigOe.'rhey are inclined to be in luslri- prepare themselves; but to allow them to ous and peaceable an to lealrn our l:a- vote inli:-crimintelv would be extendling guJtge. It' ihi- provision is a;lopted, they the privilege to those who do not wish to will learn our language *: nd adop our hab- know or be acquinited with our instituits. tiuns. If there is an intelligent foreigner Mr. WITHERELL had made the mo- who wishes to become a clizen, he will file tion to strike out, becau,,e he thought it his intentions, and in due time become a would be difficult to c rry out the provi- citizen. In the mean time he will be studysion submitted by the gentleman from Sag. ing our instiiu ions, and become better inaw. It may require a committeeof school enalbled to vote than if he were not requimasters to ascertain?nd decide when a red to do so. The comniittee took pains to man knows the English language, and can prevent any injury to the State from indisspeak it. A man may be supposed to speak criminate voting, by foreigners coming into the English langulage, if he can communi- the State. cate his ideas in a broken manner; or he Mr. GALE thought gentlemen took a may be required to speak fluently and singul.r view of the question; one which grammatically. It was on account of its he did not understand as according with impracticability that he proposed to the principles of justice. He did not know strikeout. He [Mlr. W.1 knew many of why foreigners coming one day, should those emigrants from Germany and Hol- be voteis. and those coming the next, land, who speak the German and French should be cut off from the privilege for languages, and some of them the English five years. There could not be a shadow langulage. A large portion of the emi- of difference in the qualfication. It ought grants are well educated; many of them to be fixed on some more just principle. who are day laborers, are good Latin schol- A great complaint is made of the probaars. In Prussia their system of schools is tion foreigners have to go through. Let better than olrs. They are at liberty to us reflect, and look at our young men; are learn any branch of education, music and they not as well prepared to vote atsixteen the lang ages. E.ucation is there free; years of age, as foreigners after two years and parents are oblige:l to send their chil- residence? Why keep our boys in a state dren to school. He IMr. W.] believed of probation, and put the foreigners ahead the whole body of Germans in this coun- of them? And yet they decry this proba — try could read and write. tionary state. It looks to me [said Mr. G.] Mr. KINGSLEY believed the German to be nothing but buncombe. All I ask emigrants were, generally speaking, intelli- is, that it should be founded simply on the gent men. He did not understand why principles of justice. they should vote at one time and not at The question was taken on Mr. WITHERaanother. He did not wish them to learn ELL'S amendment, which was lost; and Mr. the English language too fast. They may SUTHERLAND'S amendment was negatived. be full as honest as they are. Mr. -IANSCOM moved to amend sece Mr. ALVORD was in favor of ashorter tion I by inserting in second line, after probation than five years. He would ie- "election," where itfirst occurs, as follows: quire them to declare their intention to "and every white male inhabitant above become citizens, and then in one or two the age aforesaid, who has resided in this years allow them to vote. With regard State two years next preceding the adopto requiring them to read and write the tion of this Constitution, and has declared English language, he was opposed to that. his intention tobecome a citizen of the UniMany of the French, who are old inhabi- ted States, pursuant to law." tants, cannot speak English, or speak it im- Mr. HANSCOM said-H.is reasons perfectly. In its application, the gentle- for proposing the amendment, were in man. will see the nntfairness of the propo- part to meet the objections raised to exclusitior, -dinp- foreigners entirelv from voting, uri le. 281 they went through the forms prescribed by scribing to an oath, is a matter of form; it the naturalization laws of the United States. amounts to but very little. A distinction might with propriety be made Mr. RBAYNALE would ask if, when a, between those who have beenin two years, foreigner applies for admission, he takes an and those who have come in since. ie oath? was disposed to go as far as we could in Mr. HANSCOM-Yes, of the mest solgiving them privileges, but there must be emn character, renouncing allegiance to all some limit-it was idle to oppose it. He other governments. would propose two years as the limitation, Mr. FRALICK was in favor of the arand would guard it by requiring them to tide as it stood, and none other. He betake the oath required by the United States, lieved that nineteen twentieths of the forthat they intend in fact to become citizens eigners cannot get a knowledge of our inof the United States. stitutions short of that time. When we beMr. TIFFANY saw no reason why it came a State we were in a different situashould not be made to apply to those who tion. There were very few but what were shall hereafter come to reside here, as well natural born citizens, or who had not resias to those who are now residents here. ded a long time here. If the right of voMr. MO ORE saw no propriety in ex- ting is worth any thing, guards should be tending the right of voting to foreigners, ex- thrown around it. Our rights may be vocept in the regular mode. The amend- ted away bythis classof voters. He [Mr. ments proposed struck at the very root of F.] did not believe that the most respectathe institutions of our country. He was ble class of foreigners wished it; for their disposed to go on the old principle, own credit they wished that they should be Mr. BUSH was in favor of the amend- informed. It is not desired by the best ment offered by the gentleman from Oak- class of foreigners that the right of sufland, [Mr. HANSscoM. As the gentleman frage should be made too cheap. It is too from St. Joseph had observed, this was a much like driving cattle to market. They very important subject. The gentleman are imposed upon by designing demaasks if it is proper to make this provision gogues. They do not appreciate the right applicable to persons now resident in the so much as they would it they had to wait State, why not make it applicable to per- five years. The voters wlould be of the sons who may come in hereafter, and for best class of emigrants, if required to go all future time. There is one reason. We through this probation. Mr. F. did not know the character and disposition of the think it was called for, or that it would reinhabitants here, but we know not what it suit in good, or promote the best interests may be with regard to future immigration. of the State. In'35 every inhabitant was matde a Mr. MORRISON imoved to amend by voter. He [Mr. B.] had never seen any striking out "two years," aind inserting inconvenience grow out of it. It was lib- "one year." eral. He would ask if it had not had its If there was any propriety in granting influence in bringing many worthy citizens the privilege to those who had been inhabto the State of Michigan. If so it was itants two years, he thought it might be worthy of consideration-but at present he extended to those who had been in but one. would not go for a provision so liberal, not He was desirous that it should be extendbecause it had been disastrous or attended ed to those emigrants from Europe who with inconvenience, but that the institu- settled here in'49. There were emigrants tions of our country may be protected- from Germany and other places, who were that they may not be allowed to vote till well educated, intelligent men, and who they have adapted themselves to our insti- were as well acquainted with our institua tutions. tions as many of our citizens. I believe [said Mr. B.] the amendment He [Mvr. M.] wvould ask, 1who are the proposedby the gentleman from Oakland men that have emigrated from Europe? is sufficiently liberal, and I hope it may They are those who have been trodden be adopted. After a man has declared down and crushed by tyranny. Theliberhis intentions, going again into open court, ality of Michigan has induced thousands and while other business is going on, sub- to settle in this Peninsular State, That 71 :2: -:_-L- = — _ = =::. = =:_ —~ ~-_. -- -..........: --..-. —::-:7: _ —- — y-i- - —. foreigners should be there five years, to they were better prepared to vote than if know what is required of them before they they had resided here a much longer time can exercise the elective francihise, is too wh en constitLutionall questions were not much. He knew mainy forigners who a gitatd In that view, the provision was had studied the English lanouage, aLid the ineerted in the old constitution, and adoptinstitutions of this country, and who vwet: ed with it1 as well informed as many who were borin l (ssaid )'r. G-.) there are in the city here, and who would exercise tlre privile- in wvlhich I am a resident, a great many ges theymay be permitted to enjoy with aliens who are active, intelligent and ilas much propriety dustrious; who participate constantly with. Mr. N. PIERCE said le 1klnew the pres- us in public affai rs, and take an interest in ent constitution was a liberal one, and he the ahffairs of the State. Their friends and thought it was right. When we came into connexions in the country take an interthe Union there were but few here who est also in public affairs, and an intercame from other countries. It gave us est is extended to the various subjects conmore numbers and efficiency. But we nected with the revision of the constitution. have become more numerous. Many have The same reasons I had. reference to in come in since, and the constitution did not the first constitution, apply to the present. apply to them; they have had to look on Take the period of one year-they will or comply with the United States laws. It have been here when the act passed the is better to adhere to these laws, and not Legislature for holding a Convention, and, jump off. We have become so numerous during the election of delegates to the that we can carry on the operation system — Convention; here, also, while the subjects atically now. Let them who have come are before the Convention, and in common in since, take up citizenship under the Uni- with others. have their attention turned to ted States laws. Better leave the election theIm. law as it is. It seems: to me it is better. Hence, in reference to a large and valu" It seems to me it is consistent. I have able class of society, to which I have allunothing to say about the intelligence of ded, and also in reference'to those views foreigners; but if the law of the United which were entertained at the framing of States is proper, we should comply with it; our first constitution, I propose the amendif not, we should ask Congress to alter it. ment. Instead of giving the privilege of The motion was lost. voting to those resident at the time, we will Mr, GOODWIN moved to strike out take in only those who were here curing'two years next preceding the adoption of the whole process and discussion in the this constitution," and insert "one year framiing of the constitution. prior to the signing of this constitution." The question was taken on the motion {r. G. said it would be perceived that of Mir. GOODWI:N, and lost. the proposition he offered if adopted, AMr. WALKER moved to strike out "has would give the right of suffraoe to all aliens resided," and insert "; shall have resided;" -who should have resided in the State one also strike out the words "next preceding year previous to the signing of the consti- the adoption of this constitution." tution. When our present constitution Mr. WALKER would extend the prowas formed, when the general qualification vision, and make it applicable to all future of electors required citizenship, a provision time. A large number of emigrants are gave to all the white male inhabitants coming in and settling in our northern above the a(e of twenty-one years, resi- counties, with none among them entitled to ding in the State at the time of the signing hold office. Still they are brought under the constitution, the right of suffrage. taxation, and he [Mr. W.] did not think it This was adopted under these considera- proper, or fIr the interests of the country tions. In the enumeration on which was to cut them off for five years from the based our claim to admission into the rights of citizenship. If the principle of Union, aliens were included; and when the the a-nendment w-ere adopted, its action constitution was under consideration, it was would be self-regulating. If the principle supposed that all the inhabitants participa- be correct, as applicable to those now resieTd and turned their attention to it, anzd that dent, there could be no reason assigned why the same relief should not be granted I should require some intelligence-some to those coming in hereafter. It would little training —some knowledge of our afhold out inducemients for the better class fa irs amongst our Dutch and German popof emigrants from Europe to settle amolng ula.ion, beiore we extend the privilege to us-those who come with a desire to enjoy themi. We should say to them, "unless the privileges of our institutions t But, you becoime naturalized you shall not have from whatever motives they come Ihere it the control of cur government; we will reis the best policy to allow them as soon as serve it for our native born citizens, and may be, to acquire information and partici- to those who have become citizens." pate in the affairs of government. If we Would it not be doing injustice to those adopt the proposition of the gentleman from who have become citizens? There is a Oakland, and do not extend it hereafter, we point beyond which it might be dangerous shall soon have whole communities in the to E'o, same situation as those mentioned by the The amendment offered by Mr. WALruC gentleman from Saginaw-large commutni- ER was not concurred in. ties without one person among them quali.- Mri, W[HERELL moved to amend fied to hold the office of tax collector. section 1, by inserting after "aforesaid," Mr. W. believed if a more liberal policy in 5lh line, "but no person not a citizen of were adopted, it would be an inducement the United States shall be allowed to vote for a more respeetable class to settle in Mi- after he may have resided five years in this chigan. State, unless he has or shall become natuMr. HANSCOM was disposed tobe lib- ralizead. eral; but as far as he knew, the righlt of r. iW. said, under the proposed amendfranchise was considered the most impor- ment, all those who have now the right to tant. We have gone further than any Eu- vote under our present constitution, and ropean government —we allow foreigners who have not thought proper to become after a residence of five years, and goino naturalized, would be compelled to do so, through certain forms, to enjoy all the pri- When we commenced our State governvileges of citizenship. The gentleman from ment, the ri:ht of voting was extended to Macomb asks, if the principle be good, why all our inhabitants. rThere are many resinot apply itto all future time? The reason dents in the State who have the right of is obvious. I would [said Mr. H.] put an- suffrage under the old constitution, who dther limitation beyond the limit of two will not become naturalized-who owe alyears. I would require them to file their legiance to foreign governments. They intentions of becoming citizens; not that I owe no allegiance to the United States, think it important, but as proving that they They cannot commit treason against this estimate the benefit, and have the disposi- State. or the United States. This should tion to exercise the right of voting. Sup- not be allowed. We extend to them pose a person should remain here ten years the right hand; we wish and ask them to and be so indifferent to this matter as not come and settle among us, provided they to file such declaration —would it not argue take the opportunity, as soon as the law as to the person who had neglected those will allow, of becoming citizens. They forms, a perfect indisposition to become ac- have all the privileges, without the inconquainted with our institutions? veniences. The proposed amendment While I would go thus far, I would not would obviate the difficulty. They could place such power in the hands of a body not be voters after five years, unless they of men who cannot speak our ianguage, became naturalized. and who may override all the institutions Mr. BEESON thought the principle in of our country. The gentleman says it is the amendment offered by Mr. HANSoOM, hard not to allow them this privilege, as we wrong. He was for protecting the citizens are going to tax them. Well, sir, what of the State in the privileges they now engovernment ever existed, where a person joy. Take some of our western and northwas allowed citizenship in five years, ex- ern counties; we run the risk of throwing cept in the case of individuals, and by spe- our present citizens into the power of percial enactment. I believe in throwing some sons who may come here from other counguards arouand the elec tive f-rnhs. We tre-. The amendment offered by Mr, WITH- committee rise and report back "' ArtiLR ELLwas lost. cle-, Seat of Government," and askl to be Mr. HANSQCOM'Sa5. aimedme-nt was tlhen discharged fromi its further consideration, negatived. and alto report progress on Article - Mr. BEESO.T moved to insert in the 5th Elections," and ask leave to sit again. line, after the word "election," "if citizens Which was agreed to. of the United States," He offered it On motion of Mr. KINGSLEY, the merely to perfect tihe present section, Convention adjourned, Mr. ROBERTSON —That would exclude the descendants of citizens from vo- ting. Mr. BEESOIT modified his amendment Afternzoon Session. so as to read "if born within the United The Convention was called to order by States." the PRESIDENT. The motion did not prevail. The article entitled " Seat of GovernMr. STOREY moved to strike e ot the ent " was ordered to be engrossed for a last clause —"who shall have resided for third reading; when, ten days next preceding the election," On motion of Mr. CRARY, the 37th Which was lost;, rule was suspended. The question was then taken on the sub" The question being, shall the article pass, stitute offered by Mr. BAYNAzLE, which was it was decided in the affirmative by a negatived. unanimous vote. Mr. ORR mioved to sutrvik e teword Ml'. N. PIERCE offered the following: "'white" out of the first section. Resouled, That the vote of this ConvenCries of "question, question." tion to adjourn from Monday, July 1 st, unMr. LEACH hoped gentlemen would not til Satur day, July 6th, be and the same is Te in such hot lhaste to have the question hereby rescinded. taken. There were somie who felt an in- r P. P. was desirous that the resolution terestin it. HI-e wished to say something should be rescinded. If members wish, on it himself. As the hour for adiouin- they can go home. A minority of the ment had arrived, he would move that the Convention could adjourn from day to day, committee rise and reportl progtress Lost. and it might gratify them to meet every'Question, question, question." day in the Hall. Mr. N. PIERCE felt bound to advocate Mr. S. CLARK hoped a vote would be the lmotion, Ile knew some m1en who takein without debate. were not so white as others. It might Mr. HANSCOM said every delegate abridge some of their rights of voting, if well knew that the Convention would iot challenged. I-Ie did not know to what meet during the next week. Why not call grade of color it should apply, as vwhite every thiing by its proper name? was no color. Some definite rule should Mr. ALVORD was prepared to go for be applied or some persons might be pro- Irescinding, thlough lhe was aware it would hibited from voting wo should vote. amount to the same thing. A quorumn Mr. GALE rose to say that he was would not be here next week. really desirous that Mr. LEACH might have On motion of Mr. RAYNALE, the Conan opportunity of discussing the matter — vention resolved itself into committee of it was due to h-im in courtesy. the whole on the general order, Mr. aJ Mr. WILLIAMS said the pettitoners BAmRTow in the chair. on the subject on which the gentleman "Article -, Elections," being under from Genesee wished to speak, numbered consideration, and the question being on over six timne more thanl all the petitioners the motion of Mr. ORR to strike out the on a1ll the other subjects -which had occu- word "wh'ite," in section 1, pied the atlention of the Convention. Mr. LEAICHI said —It is not my intenMr. S. CLARK hoped the gentleman tion to enter into a lengthy discussion of irom Genesee would be allowed to express the merits of the proposed amendment. I his views on the subject. It was a subject consider it wholly unnecessary to do so, nf minh importance. Ile mnoved. that the and shall not long detain the committee, It has been suggested to mne that it would gress. The course of events in our own be useless to say anything whatever on the country attests it; the movements of polisubject; that the amendment would not be ticians and people in the old world demonmade; and that all time spent in dis(us st;rate it beyond the possibility of a doubt. sing it would be spent in vain. bNow, it is Everywhere the people are awakening to a true that I have but little hope that this sense of their rights. The most ordinary word'white" will be stricken out; but, in observer cannot have failed to perceive my hnmble opinion, the probability of de- this, nor the most obstinate conservative feat is not a good reason why the friends to admit it as an established fact. of the measure should neglect or refuse to The same ardent love of liberty, the make the effort. If we make the effort- same bitter hatred of oppression which led if we state our position and adduce facts to the separation of the American colonies to prove the correctness of our position- from te mother country still exists. Their if we use our influence and our votes, and st;rength has increased witll age, and they then fail, the responsibility will rest upon have spread to oither lands and ere lodged others, and not us. We shall have dis- in the hearts of the people of other climes. charged our duty to our constituents and Sir, the principles to which I refer are our State, whatever may be the final re- embodied in the Declaration of American sult. Independence. I am aware that this refI am one. sir, that believes this amend- erence to the Declaration is a common afment should be made. iNor am I alone in fair, but that has become a political text this opinion. Very many of my constitu- book to the American people. The annients-I trust a majority of them —agree versary of our national Independence is at with me in this matter. I judge this from hand; and then, sir, amid celebrations and the fact that every man who voted for me rejoicings, these truhLls will be proclaimed was familiar with my views upon this sub- in all parts of our country. From Maine ject, and very well knew what my course to Mexico, from the Atlantic to the Pacifwould be in relation to it. Hence, in ad- ic, man's inalienable "right to life, libervocating the extension of theright of suf- ty, and the pursuit of happiness," will be frage to the colored citizen-to all citi- asserted by a thousand orators, and received zens, without regard to color-I am not, as undoubted truth by a patriotic people. only obeying the dictates of my own con- And it is truth. It is a reality and a truth science, but am doing that which my con- worthy of every man's consideration. stituents expect at my hands, and which, Sir, what led to the declaration of these I have reason to hope, will meet with their truths by our forefathers? Simply the asapproval. sumption by Great Britain of the right to But, sir, I am not entirely without hope bind the colonies " in all cases whatsoevof the success of the pending amendment. er," —of the right to tax those to whom This is a democratic Convention, and if the the privilege of representation was denied. spirit as well as the name of democracy is And it is against this very principle of taxhere in the ascendent, I do not see how the ation without representation that I, and all measure can fail. It is emphatically a who act with me in this matter, enter our democratic principle; it is an attempt to protest. The American doctrine, as proextend to a class of our citizens a right of l mulgated by our fathers, and generally adwhich they have long been deprived, and mitted by us, is that taxation and repreto which they are as much entitled as any sentation are twin sisters, and should ever member upon this floor. Why, then, go hand in hand. Taxation without repshould we anticipate defeat? Why lay resentation is rank injustice. All admit down our arms and surrender without an this to be true in most cases, but I do not effort? see how it can be departed fiont at all, in Sir, we have heard much about progress any case, without gross injustice, and aband progressive democracy; and I trust it solute danger to our free institutions. To is not all idle talk. It means something- foreigners who come among us we extend it means more, perhaps, than conservative the privileges of naturalization and of citpoliticians are willing to admit. It is an izenship. We say to them that they must age of political and governmental pro- bear a fair proportion of the expenses of 72 286 government, but we will not impose these sonable and just. The distinction as now burdens upon them without'grantilng them existilng,, founded on color, is ridiculously all the rights and immunities of native absurd, andl adlically unjust. It originated born citizens. By complying with the in prejcudtice, andc it is sustained by prejureasonable requirements of our natriiali dice. No other reason can be given for zation laws, they become citizens, and can- the adoption of this test, nor for its continnot be taxed without their own consent. uance to the present time, This, sir, is right; it is liberal and just. We lose nothing by being liberal to for- Sir, let us look at a few of the objeceigners, to all who come among us and tions that are made to extending the elecadopt our country as their home and the tive franchise to colored ipersons. We hear home of their posterity. Instead of keep- it said by nilany on all sides, that their iming them among us as aliens and enemies, morality and intellectual inferiority disqualwe make them good citizens and firm ify them for the discharge of the duties of friends. an elector. Now, of some colored men, M r.. m t o f t this is unquestionably true. And it is Mr. Chairman, taxation for the support. of government is absolately necessary. equally true of some white men. We find ofgoveiirnment is absolutely necessary. sone Germnans, Freich Irish, English, some Germansi Freinch, Irish, English, All countries have found it necessary. We, ns, who Scotch, and native born americans, whcs must have legislative, executive an21 judi- j ie nt ua and incompnetent to dls cial officers, and as these oficei-s serve the sponsibe dties t people, it is but, just that they should de- deporve upon eel freseman. But do we rive their support from the people. o ibe te wole class on this account? there is no other equitable way of appor-'osrie t deny thoe rclas o fis accounto ti g te t a n ts ho'Do we even deny the right of suffrage to tioninu these ta-,es amnonu those who are s tion thes e txesamong thoe wo ar the individuals themselves? Do we say to protected by the g:vernment, e than by ca-. protected by te government, ln by cu- the unfortunate Irishman whvo has sought sing every man to pay in proportion to them w i value of his possessions. The property oin our countrl natfie lando bec hise he anthe State should support the government not read our lnguage, or perhaps canot not read our language, or perh-,ps canno; of the State, and, as I remarked yesterday d at a, t'-read at all, th1:,t all political rights are deshould educate the children of the State. e s h s n p Taxation should not be borne exclusively preach the ballot box as a citizen? shall by any particular portion of the people... by any particular portion of the people. never participate in the election of those All should contribute according to their ke and execute he ls u who are to make and execute the laws unmeans. And such is the case; all do con- der whi e is to live? ut, s, I ha tribute according to the value of what they o c tion, as Z Yvet to learn that our colored population, as possess, and consequently in proportion to c hose of a class, are more imnmoral than those of a the amonnt of protection which they rethe amonnt of protection which they re- lighter color. One thing is certain; many eeive from gove'nment. ceive from government. of our best and most intelligent and inflaNow, sir, as all aid, or are liable to aid, ential citizens, in those parts of the State in the support of government, where is the where the colored population is most nujustice in excluding any particular class merous, consider them competent to disfrom a voice in the election of the officers charge properly the duties of electors, and of government? Why deprive a particu- ask us to extend to them this privilege. I lar class of the privileges of the elective hold in my hand a petition from four hnndfranchise? And why, especially, make the red and twenty citizens of Wayne county, color of a man's skin the test of his quali- and among the names I recognise those of fication for discharging the duties of an many individuals of high standing-names elector? By what principle of democra- with which we are all familiar, as individucy-by what principle of equity is this als of talent and influence. Nor are these test sustained? If there is to be a distinc- petitioners members of a single political tionmade-if one class in community is to party. They are members of all parties, enjoy privileges which are denied to others, and to some extent may be supposed to let us have a rule adapted for determining, represent the feelings of all parties in the who are tobe the favored ones, which shall vicinity fiomn which the petition comes. I at least have the appearance of being rea- will read the petition, which is as follows: '"To the fHonorable the Conzstitutional Con- 184-5, in which I find a report on the subvention of the Sctate of lichirdanz:. ject of colored suffrage, made by Dr. DenThe undersigned citizens of Michigian, ton, a deuocrat of high standing and of county of Wi0ayne, entitled to the elecive the strictest integrity. Speaking of the alfranchise; respectfully represent: leged inferiority of the colored race, he "That there is a class of persons in this says: "L ieiher history nor experience State, differing from us in color, which, as sustains the objection. On the contrary, a class, is peacecable, industrious and rapid- they conclusively refute it. Like other naly improving in its condition as to educa- tions, Africa had her season of glory. Dution and otherwise; ring it, she vmas one of the most powerful "That, although colored persons are sub- nations of the world. Her victorious arms jected to taxes and all the burdens of gov- had nearly annihilated the Romans. Her ernment, they are excluded from all pArti- black IHannibal will ever be found in the cipation in its administration; catalooue of the Cesars and Bonapartes." "That the mere color of the skin seems A lAiEMiBER -That is incorrect. Hana very arbitrary rule for granting or with- nibal was not a colored man-not a negro. holding the elective franchise; and Mr. LEACt —Well, I am quoting dem"That taxation without representation ocratic authority, which, I suppose, is the has never been considered a republisca doc- very best kind to quote to a delmocratic trine. convention. I hope democrats will not " Your petitioners hope this subject will question such authority. But the report receive the candid and ciispassionate consi- continues: deration which its importance demands; "In modern times, one of the greatest and that the right of suffrage may be ex- writers of the day, celebrated for his inteltended to persons of color, under such mo- lect and brilliant talents, amid the most difications and qualifications as a just re- brilliant capital in the world-Paris-is gard for the principles of civil liberty and Alexander Dumas, a colored man. Eudue consideration for the public good may rope's first men deem his acquaintance an seem to sanction and require." lonor. Many other instances might be Now, Mr. Chairman, I ask the careful mentioned. In this State the objection is attention of delegates to the phraseology decisively exposed by the public exhibition of this petition. of high talent in public men, under the Mr. BAGG —Will the gentleman read most unpropitious circumstances. The the names of the petitioners? Coming, as committee allude to the many public adit appears to, from my constituents, I dresses in the State, by persons born in should be glad to know who they are. slavery, and denied education. Mr. LEACH-That, sir, would require " In estimating the intellect of colored much time, as there are over four hundred men, sufficient allowance is not generally of them. Among them, however, I find made for the effects produced on a race by the following, viz: John Ladue, Geoorge continued servitude and a denial of eduR. Griswold, E. Farnsworth, Dr. Duffield, cation during a series of generations. ReJames F. Joy, H. H. Emmons, George C. verse the situation of the African and the Bates, A. S. Williams, J. QOwen, and oth- European-nmake the one the master, and ers equally well known; equally compe- the other the slave for centuries, and the tent to judge, and honest to decide. Here, white man wvill possess the supposed chasir, we have the testimony of men in whose racteristies of inferiority. To illustrate judgment, sincerity and honesty, we have this, the committee quote the following the utmost confidence. But, aside fiom passage fiom the celebrated American this testimony, every man's observation tra veli, Stevens —see his "Greece, Turhas convinced him that there are many, key, and Russia;" vol. 2, Harper's edition, very many colored men, whose intelligence pace 40: and high moral worth would place them in "I sas forcibly struck." says he, "with the first rank of society, were it not for the a paralll between the white serfs of the color of their skins. north of Europe and African bondsmen at I hold in my hand, sir, the Senate and at home. The Russian boor, generally House documienits of the Legislature of wanting the comforts which are supplied 288 to the negro on our best ordered planta- twenty-one years of age is a voter. Contions, appeared to me to be not less de- necticut has been less liberal. Her congraded in intellect, character and personal stitution, like our own, restricts the right bearing. Indeed, the marks of physical of voting to "white" persons. Now, sir, personal degradation were so strong that let us compare the statistics of the colored I was insensibly compelled to abandon cer- population of these two States for a period tain theories not uncommon among my of forty years, and see, if we can, what incountrymen at home, in regard to the in- fluence, if any, the different provisions of trinsic superiority of the white race over their constitutions have had upon the inall others. Perhaps, too, this impression crease of the colored population. In 1800 was aided by my having previously met the free colored population of New Hampwith Africans of intelligence and capacity, shire was 818. In 1810 it was 970, showstanding' upon a footing of perfect equality ing an increase in ten years of 152, or 19 as soldiers in the Greek army and the Sui- per cent. In 1800 the free colored poputans'." lation of Conecticut was 5330. In 1810 Other testimony might be adduced; but it it was 6453, showing an increase in ten is wholly unnecessary. We make color yeas of 1123, or 21 per cent. In 1820 the the criterion by which to judge of a man's free colored population of New Hampshire intelligence; but on investigation find that was 986, showing an increase of only 16, the color of his skin is not an index to the or less than 2 per cent., while in the same capabilities of his mind. Hence, this ob- period of ten years, the same class in Conjection to negro suffrlage amounts to noth- necticut had increased to 7844, showing a ing. We might, with equal propriety, gain of 1391, or 19 per cent. In 1830 the make some other physical peculiarity the colored population of New Hampsnire was standard by which to measure a, man's 604, beingo 382, or about 33 per cent. less rights. Why not take the color of a man's than it was ten years previous. In the eyes or hair? Why not say that he who same period the colored population of Conhas a Roman nose, or a Grecian nose, or necticut had increased from 7844, to 8047, a red nose, shall not enjoy the p ivileges being a gain of 203, or about 3 per cent. of an elector? Indeed, in very many ca- In 1840 the colored population of New ses, a red nose would be a far better rea- Hampshire had fallen to 537, showing a son than a black skin for rejecting a man's loss in ten years of 67, or over 10 per vote. cent., while in the siime period, that of But there is another objection, sir, which Connecticut had increased to 8105, showis always made when the extension of the ing a gain of 58, or 1 per cent. During elective franchise to the African race is the whole period of forty years, from 1800 spoken of. Thousands there are who raise to 1840, the free colored population of their hands in holy horror at the thouo'ht New Hampshire had fallen from 818 to 537, that it will fill our State with negroes. showing a loss of 281, or 33 per cent.; "We shall be flooded with them," says the while during the same period that of Conobjector. "They will come upon us in necttcut had risen fiom 5330, to 8105, swarms, like the locusts of Egypt, until showing an increase of 2775, or about 50 the'land will be darkened.' " Now, Mr. per cent. Chairman, I have no such fears; and the Mr. CRARY-It is climate that makes fears of the most nervous objector may be the difference. quieted by referring to States where ne- Mr. LEACH-Yes it is climate. We groes have long' enjoyed this privileg'e. have an admission of the fact-an admisWe there find, sir, that it has no influence — sion which 1 did not expect; but the-facts I think I may safely say'mone-upon the bearing upon this point are so strong, and increase of the colored population; and I point so clearly to the concl.sion, that genask the careful attention of the committee tlemen are constrained to admit its legitito the facts which I am about to present to macy. It is climate. This is just what I prove the correctness of the assertion wanted to prove. It is some other thing which I have made. than the elective franchise alone, that influSince 1792, suffrage in New I-ampshire ences them ia their choice of a home. They Jas been unrestricted, Every male citizen are governed in their choice of a homee by the same considerations which influence to exclusive privileges, or, as justice and us under similar circumstances. So it is an enlightened liberality dictate, carry in the New England States, and so we have out the spirit of the bill by allowing all reason to believe it is in all the free States, men to participate in the privileges and and in our own. Notwithstanding this, I blessings of self government. am willing to admit that some may come I have thought it my duty to speak in among us on account of this privilege, this Convention in behalf of the downshould it be extended to them; but the trodden and oppressed. The colored peonumber thus influenced will be small; and ple are few-they have no chance to plead those who would come under such an influ- their own cause-they are not represented ence, and who would appreciate the privi- here. There appears to me to be somelege of the elective franchise, would be su- thing small in excluding so small apart of perior in point of talents and principles to the people from the exercise of their natthe general mass. From such men we ural rights. It seems an act of "unutterhave nothing to fear. able littleness " to trample on the rights of The objection that extending to them the weak-an act condemned by every equal political privileges would cause an principle of justice, right, and republicanincrease of our colored population, is the ism-an act destitute of every vestige of greatest one that has been urged against honor, unless there is honoi in the triumph the amendment. I have endeavored to of the strong over the weak, of the giant show that it is without foundation. Expe- over the infant, of tyranny over justice. rience in the New England States, where a I know that the committee have reportfair trial has been made, demonstrates that ed a separate article, referring the question the increase and decrease of that class de- to the people. If the pending amendment pends upon other causes and influences does not prevail, I should wish to have it than the granting or withholding of the acted on separately by the people. But I privilege of voting-that the objection does do not approve of deferring it. The quesnot exist. If, then, the objection has been tion should be settled at once. I would removed, why may not the privilege be not hold in suspense those deprived of extended to them? Surely we do not wish their natural rights; I would not shrink to trample upon their rights. I have, sir, from the responsibility of restoring them, too much confidence in the justice and and thereby showing that we are men and liberality of the people of Michigan to be- true republicans. lieve that they are willing to trample upon Mr. J. D. PIERCE-So long as there the rights of others, unless they consider are two races, the Caucasian race and the their own in danger. Africans are men, Negro race, they cannot amalgamate. If and have rights. They, sir, are naturally you give them this right you must give entitled to all the rights which you and I, them others. There is a difference between as individuals of the white race, can claim natural rights and legal or political rights, -to life, liberty, and the right of self gov- but they are often confounded. The right ernment-a fact too often overlooked in dis- of suffrage is a conventional right or privicussions on this subject, but a fact which lege you have acknowledged in the bill of rights. He [Mr. P.] would say that justice It is there asserted that "all political pow- should be extended to all men; at the same er is inherent in the people,"-not the time we are not bound to disgrace ourwhite people, nor the black people, to the selves in the social circle, to amalgamate exclusion of the other class, but in all the and associate with them. If we give people, including every individual of every them this right we must associate with color and condition. them in our churches and our legislature. It is also there declared that " no man Why not then give our daughters to their nor set of men shall be entitled to exclu- sons, and amalgamate the races? There sive privileges." Now, sir, consistency never was a more palpable perversion of requires that you should amend the bill of truth than that Hannibal was a Negro. rights so as to read that all political power The Carthagenians came from Tyre; they is inherent in the white people, and that no were -not of the Negro race. set of men except whites shall be entitled The geentleman seens to apprehend that 73 2900 if we do not adopt the amendment, that disfranchise the poor man, or the man of there may be apprehension that the separate some particular religious sect, or persons article to be submitted to the people may holding obnoxious political principles. Thus not succeed. I [said Mr. P.] am willing you may go on excluding one class after an. to submit it to the people and abide their other, from all participation in the affairs decision. of government, until nine-tenths of the peoMr. LEACH-I regret that anything ple are disfranchised. Sir, the only safe has been said here about amalgamation. course is to be liberal and extend the right I am not-and I wish every gentleman in of suffrage to all. this hall to understand me-I am not, never Mr. BAGG-Mr. Chairman: When I have been, and never shall be an advocate find a petition from the city of Detroit, havof amalgamation; and it is not right to im- ing so many respectable names attached to pute any such principle to the friends of it, I feel called upon to say something on universal suffrage. this sable question. I am opposed to the Mr. J. D. PIERCE-It would be open- amendment for ten thousand reasons, but I ing the door to that result. shall not give them to day. I shall not Mr. LEACH-The view which the gen- go to the zoophyte and trace up the numctleman takes is incorrect. We are told if rous gradations in animal life to our noble we extend political privileges to colored selves, and say what rank the African holds men, we must also receive them as intimates in the chain. It is sufficient for me to know into our families-must give them our it isnot expedientto adopt this proposition. daughters in marriage, and amalgamate Suppose you strike out the word "white,'" the two races. Now, sir, is this the fact? how long would it be before the whole The assumption of the gentleman is, that State would be clothed in mourning-from we must admit into the bosom of our fami- the southern States to Canada, north and lies, and consent to unite with our children South. As they came in, the white man in the most sacred ties, all those to whom would recede; and, where would be our we extend the right of suffrage. I take this beautiful peninsula? It would be peopled to be a great mistake; and I ask the hon- with these dark bipeds —a species not orable member if there are not many igno- equal to ourselves. Is there any one who rant and vicious white men to whom he will say the Africanis of the same race as willingly extends the right of suffrage, that ourselves? No sir. No man on this floor; he would not receive as inmates of his fam- No sir; the God of Nature has stamped ily, and to whom he would not give his them so differently that they cannot amaldaughter in marriage! We all know, sir, gamate and run together. No sir. Can that there are many, very many, of this the African change his color, or the class. leopard his spots? They cannot amalgaB3ut, the gentleman tells us there is a mate together without being mechanigreat difference between natural rights and cally suspended. As soon as you open conventional rights, Now, sir, it appears the door and allow them to vote, they to me this is making a distinction where have a right to be voted for. They would none really exists, particularly as applied be competent to be elected to the office of to this subject. I hold that right is always Governor or Senator. This opens the door, right-wrong is always wrong. What is and you have them in your social circle. right for one man is right for all men; what What man would like to see his daughter is granted to one man should be granted encircled by one of those sable gentlemen, to all. We have no right to make such breathing in her ear the soft accents of distinctions as some gentlemen seem anx- love? It is enough to say that we cannot ious to make in this matter. But if there admit them to political privileges without is a real difference between natural and letting them into our social circle, which conventional rights, all men certainly have would, on account of the antipathies which the same natural right to enjoy these con- the God of Nature has implanted between ventional rights, because the father of de- the races, be productive of nothing but mocracy tells us that "all men are created misery. equal." Make this distinction now and The Declaration of Independence has what is the next sten? Why, perhaps to been referred to, which declares that all 291 men are born free and equal, &c. But sir, dence, in asserting that "all men are born it refers to the white man-to the Caucas free and equal," referred only to "all sian race. Jefferson had his slaves; so had white men —all men of the Caucasian Washington. Those who claimed their in- race." This is, most assuredly, one of the dependence had slaves. Do you believe most remarkable and profound discoveries that they meant that negroes should come of the present age. If the gentleman is in and vote with us? No man willbelieve correct, (and it would seem almost an unit. pardonable offence to question wisdom so Again, sir: our constitution is based on profound, learning so deep, and so "miscelslavery. It took seven years to frame the laneous,") if he is correct, I would very happy constitution under which we live. humbly suggest the propriety of so amendIn one part of the constitution this class is ing the article under consideration, as to considered as chattels. We all take the have it correspond with the improved inoath to support the constitution, from the terpretation of the Declaration of IndeGovernor to the fence-viewer. Would it pendence, and extend the right of suffrage be well to take this class, considered as to all men of the Caucasian race. Chattels in the constitution, and allow them Mr. Chairman, I cannot pretend to folto vote with us, and take them into our so- low the gentleman in all his wanderings; cial circles? Would it not be a happy con- and in fact I am compelled to acknowledge ment on our oath to support the constitu- my inability to understand all that he has tion of the United States? It strikes me said. What does the gentleman mean by we should be in an awkward position. I "mechanical suspension" of the African am willing that those Africans should re-race? Perhaps he meant "magnetical." main with us, mechanically suspended. I Mr. BAGG —There is repulsion, but no would educate them and exercise benevo-attraction. lence towards them. No man would go Mr. LEACH —To me the argument, if further to educate them. Although it not overwhelming, is incomprehensible; looks to us and to other nations as a black nd by some unseen force-some princispot on our natural escutcheon, I believe ple of adhesion-whether "mechanical" there is the hand of Providence in it. I be- or "magnetic," I cannot say, I am comnlieve the African has come here to be edu- pelled to adhere to my original purpose, cated in this country for a great purpose. vote to strike out the word ("white," When he shall be raised to a certain state, and thus generously extend to every in comparison with our own, he will go citizen of our State the inestimable priviback to Liberia-to Africa-to find the legesotf a freeman. source of the Nile, which has never been Mr. BRITAIN said the petition was found by those barbarous tribes. signed by several distinguished citizens of Mr. LEACH-Mr. Chairman: The con- Detroit; he wished to know what the pestitution of the State of Ohio reads like tition asks for. our own —'every white male," &c. And The petition was read. what has been the practice under it? Mr. WHIPPLE-I understand that the Those in whom white blood predominates, citizens of the county of Wayne who have, by their courts, been declared white signed that petition would represent that men; and it is said-with how much truth there is a class of persons in this State I know not —that so much difficulty was who are taxed, and who ought, on that experienced in determining whether white ground, to have extended to them the right or black blood predominated, that it has of suffrage. lately been decided that colored persons in Mr. BRITAIN-Who ever heard of a whose veins flowed any white blood at all, colored person being taxed in Michigan?were entitled to the privileges of electors. one who ever paid a poll tax, or whose We may expect to meet with the same dif- name was enrolled in the militia, or who ficulties here, unless the pending amend- was called on a jury? No, sir, he is not ment prevails. taxed-his property has been taxed, not I am surprised, sir, at the remark of the the man-and the tax is paid for the progentleman from Wayne, [Mr. BAGG,] that tection of the property, and because it the author of the Declaration of Indepen- costs something to protect his property, 292 This is a principle established in all en1- of their African chiefs, both in respect to lightened countries. You tax persons who life and liberty. An African prince, oot have no property to bear arms, to serve on any important occasion, sends out his men, juries, to work on the roads. So far you captures and brings in as many victims as tax the poor man and the rich man alike. he pleases, and their heads grace his festiThe tax on property is not a tax on the val. person, but for the defence and protection Mr. Chairman, the slave of Africa is a of property. On no other principle can it slave to a master who recognizes no human with justice be levied. Colored men have rights except those sustained by physical riot been taxed, and it is not proposed to power; and who, like the Deity of some tax them. of our modern worshippers, considers himThe gentleman fiom Genesee l[Mr. self at liberty to do anything and everyLEAc'] says some objection is made to the thing "for the promotion of his own gloextension of the right of suffrague to them ry." Can it be possible that the condition because they are a degraded race-that of the slave is made worse by bringing they are below the white race in capability him to the United States? The answer for intellectual improvement. Whether must be in the negative. that be so or not, I leave to the Convention How are these slaves obtained. A to decide; but every person must come to prince wishing to make a slave speculation, the conclusion that the colored race must n.akes war upon a neighboring prince, capbe called to intellectual pursuits for a long tures his men, and drives them to the series of years to attain that position in coast, as your drovers drive cattle; and the intellectual world which the white race so entirely subject to their will do these have attained, unless the original stock of slave drovers consider their prisoners, the colored race is much better thanl that that on finding the coast guarded by a of the white race. squadron, and no slaver there to purchase The gentleman fiomn Genesee says, the prisoners, these drovers have butcherwhy make color a qualification?-why not ed their prisoners as the easiest way to disthe color of his hair, his eyes, or his nose? pose of them, saying that they were theirs, The simple answer is this, the word whitle and if the foreign authorities would not has, when used in this Convention, acquir- permit them to sell them they would kill ed by common consent a technical signifi- them. cation. It distinguishes our own race from If that be so, it must be admitted that other races. Our own race we call white, their condition could not be made worse. and other races colored. There would be On the other hand, it certainly has been no advantage in adopting any other term. made much better. Mr. Chairman, there are a few general This, then, relieves us from the reproach principles connected with this subject, so often cast upon us, of robbing them of which ought to be examined. I know it their freedom and subjecting them to slais considered a difficult and even delicate very. Mr. Chairman, they were slaves at subject to examine; but I know of no rea- home; captured as slaves, driven to the son why it should be so considered, and coast as slaves, sold as slaves, and brought am willing to come up to the standard of to this country as slaves; and all this by duty and endeavor to meet conscientiously others; and the present inhabitants of the all the responsibilities it presents. United States found themselves inheriting Our sympathies are always excited for them as slaves. And this slavery, as althe weak. We sympathize with this class ready stated, is much more tolerable than because they are said to have been cruelly that of their relatives who have been left brought into our country in the first place, at home to groan in African bondage. and subjected to slavery; an outrage on The colored persons who ask you to extheir natural rights. But how is it, sir? tend the elective franchise to them, are deAre they abused by being brought from scendants from this slave population, and the slavery of Africa to the slavery of the consider themselves much better situated United States? Were not their forefathers than their forefathers in Africa, or their slaves in Africa? All that read African brothers in Southern slavery; and in fact history know that they are at the mercy they may with propriety be considered the 293 most favored portion of the African race. white man. But, Mr. Chairman, how ofHaving now, Mr. Chairman, as I think, ten do we see the son of the degraded relieved my fellow citizens from the unjust white man, avoiding the evil practices of charge of oppression, in bringing them in- his father and become an honor to himself to this country, we may, I think, enter up- and filling the highest stations in society. on an examination of the relations existing I remember now the case of an Irish boy between them and ourselves, and if possi- whose father was a man of all work, and a ble ascertain the extent of an obligation to low, dissipalted man. The son went into a extend further rights and privileges to lawyer's office to sweep, make fires, &c., them. while attending school. His patron soon Mr Chairman, are you bound to force discovered his talents and increased his upon a people privileges which they do privileges. The student continued tempe. not seek, and which they are incapable of rate and industrious-was admitted to the maintaining? I apprehend that a correct bar-became eminent in his profession, answer tothis question will go far towards and connected himself by marriage with showing the relation subsisting between one of the most aristocratic families in his them and us, as well as our obligations to county or State. Will the gentleman from them. Genesee contend for a moment that the sont If you are so bound, you should go and of a colored man could have accomplished plant the standard of republicanism in this? It is not a question which relates to that benighted country. You should go individuals, but to the races. It is the and seek out degraded and oppressed hi- stock which should be taken into considemanity, suffering the consequences of its ration. own indiscretions and vices, and force up- Now, Mr. Chairman, how stands the acon them the results of discretion and vir- count between the colored people and ourtue. Mr. Chairman what are the obliga- selves? and what are our duties to them? tions of humanity? To proffer help to Why, sir, on the score of justice they have others, but not to force it upon them. If no claims upon us, because they are much you were to separate from this Union one better situated thantheir forefathers were; of the States, populate it with colored peo- much better situated than their relations in pie, and give them a Republican govern- Africa now are, or than these people themment, how long would they maintain it? selves could have been, had they not been Will any gentleman say it would be as taken from there; and what is still more to lasting as ours? The Africans of our coun- the purpose, Mr. Chairman, they are not try gathered together and furnished with only much more refined, elevated and hapthe best government which men can devise, py than they would have been without our and left to themselves, would soon find interference, but they are much more refithemselves under a despotism. The histo- ned, elevated and happy than they would ry of the African race, even to the latest be twenty years hence, if given the fairest period, warrants this conclusion. portion of our land, and left to themselves. If then, they are incapable of self-gov- Is it not clear then, that the obligations of ernment, are we bound to furnish it to them justice have already been more than satisamd maintain it for them? It would seem fied; and that the only obligations now to be our duty to treat the colored popula- resting upon us for the extension of further tion with kindness, and to cultivate them privileges to them, are the obligations of by every reasonable means in our power; benevolence and humanity?.. but it does not seem to be any part of our I know, Mr. Chairman, that these obliduty to endanger our own institutions by gations are firmly and deeply seated in the extending to them privileges which they great American heart; but they demand are incapable of maintaining or enjoying. nothing from us incompatible with our own The gentleman from Genesee says there well being, and the maintainance of our are many electors among the white men ability to protect these unfortunate people whom he would not admit to his social cir- in the enjoyment of their present privilcle; and from that, draws the conclusion eges, which have elevated them above the that you may as well give the right of suf- still more unfortunate portions of their frage to the colored man as to the degraded race. 74 294 Mr. Chairman, you may tender to a suffer-..their numbers amongst us. Does not that ing stranger the hospitality of your house, gentleman know that the regularity, econbut you do not give him charge of your omy and industry of New England, are house, or even divide your authority with more than the colored people can submit him. The master of a ship may tender to to? and that they would sooner submit to a weary traveler a passage to a foreign southern slavery than New Englandindusport, but what would be thought of that try and economy? Sir, why do not these ship master who should immediately after colored people go to old England, where leaving port, give up the helm to such so much sympathy has been expressed in traveler, and by that act of kindness suf- their behalf? Because the six pence per fer shipwreck, lose his own life and the day for laborious and incessant toil, would lives of all on board under his protection, purchase but a small portion of even the not excepting even the traveler himself? coarse fare which the southern slave There is an old maxim peculiarly appli- gets for his half work. cable to the present case. It is this, sir: Mr. Chairman, the gentleman is in error. "Charity begins at home." Yes sir, even Encourage them, and they will come "charity should begin at home," and with amongst us. They have been encouraged, this maxim I propose to see what our du- and they are coming among us with a fearties are to our colored neighbors. All the ful rapidity. The gentleman savs we relations of society cannot subsist between extend the right of suffrage to foreigners, them and us. Sir, you cannot take them and invite them amongst us, and asks us if into the more intimate relations of so- we are not as strongly bound to extend this ciety. You cannot associate with them. right to colored native citizens as to white You camnot live in the same room with foreigners? Sir, we are not bound to exthem; nor can you live in a settlement, a tend it to either of them; if we do extend large portion of which consists of colored the right of suffrage to the white foreigner, people. Within a few years a settlement of we do it as a matter of policy, under the several hundred has been formed in Cass impulses of benevolence, and not as a matcounty, and the inhabitants, who in the first ter of duty, under the demands of justice. place, under the influence of their sympa- Sir, the white foreigner is our father and thies, welcomed them with open hands, our brother; and why should henot be innow find themselves unable to live in the vited amongst us? What have we to fear same neighborhood, and are selling out from an association with him? Why, sir, their farms at half their ordinary value, in if the common theories in human philosoorder to get out of the vicinage; and if I phy are true, even a little "crossing of the can judge from the anxiety depicted in breed" would not disgrace either party! their countenances when speaking of it, Will the gentleman from Genesee admit they consider the increase of the already this with regard to the colored people? flourishing settlement as one of the great- Sir, those best acquainted with matters of est calamities which could befall their coun- this kind, declare that amalgamation dety. grades both parties; and that the offspring There are about four millions of colored of this heaven forbidden union is usually people in the Southern States. There are burdened with a feeble frame, uncertain also many humane persons there who health, and premature death!-unerring would gladly emancipate their slaves, if indications of Heaven's disapprobation. they could conveniently find a place for Mr. Chairman, I now wish to ask the them. If it be desirable to have them members of this committee several queshere, we have but to invite them by ex- tions: tending privileges to them, to insure an in- 1. Are we bound to injure ourselves to flux which will overwhelm the State. give to any people these privileges? The gentleman from Genesee said that 2. Can we extend these privileges withMassachusetts and New Hampshire extend- out being in danger of being overwhelmed ed to them the elective franchise, long since; with a colored population from the south? and yet their colored population did not in- 3. Can we be overwhelmed by a colored crease; and then denies that extending to population from the south, without great them the right of suffrage would increase detriment to the interests of our State? 295 4. Have we not a right to pursue that according to the number of voters; and course of policy which the interest of the there certainly can be no justice in countState demands, even though it be to dis- ing the colored people having no vote in courage the settlement of colored people your county, against the white peoplein in our State? Sir, I think we have; that my county, and thus permit a smaller we do more for these people than they number of votes to elect a Representative would do for themselves, when we protect in your county than in mine; nor is it a them in the enjoyment of a free govern- privilege to the colored man to be thus ment; that the extension of the right of counted; nor will it in the smallest degree suffrage to them is a matter entirely op- advance the day of his political emancitional with us; that although some of pation; but, on the other hand, it will rethem, by their regularity and industry, tard it; for those persons who make themgive assurance that the right of suffrage selves their political proxies, would be the might be safely entrusted to them-yet, last to extend to them the right of suffrage. such is the irregularity, indolence, insta- Mr. WILLIAMS-Will' the gentleman b ility, dependence, subserviency and me- allow me to ask him how many representaniality of the great body of them, as to tives in Congress are elected on that prinforfeit all claims to the right of suffrage; ciple? and that the best friend of the colored man Mr. BRITAIN-Mr. Chairman, the is the man who with frankness advises him gentleman from St. Joseph asks me how to live industriously, soberly, honestly, many members of Congress are elected contentedly and peaceably, under the gov- upon that principle. I believe twenty-one; ernment which has been formed and is but that has nothing to do with this case, maintained without tax upon him, or ef- and I am willing to give that gentleman forts of any kind from him; that although all he can make out of that fact. It is no he may live peaceably and happily among part of my purpose to defend the apporus, provided he live industriously and hon- tionment of the Southern States; and if the estly, yet so great is the difference between constitution of the United States sanctions his race and ours, he can never expect to a wrong in permitting the Southern States become one of us; and that if he wishes to make the colored people, having no to participate in all the privileges of a cit- votes, a part of the population entitling izen, he should go to some colony of his them to representatives in Congress, and own people, and carry with him all the el- thus requiring more northern than southements of self-government for which the ern votes to elect a representative, yet I people among whom he has been schooled am happy to say that that same ccnstituare so favorably known, as well as the as- tion may be right in rejecting aliens from surance that he and his people will have that enumeration. The adoption of that the sympathy, co-operation and assistance constitution was the result of a compromof the American people, who are ever so ise between the people of several States, ready to assist when they can do so with- entertaining different opinions upon this subout too great an injury to themselves. ject; but we are not thus situated, and if Mr. Chairman, there is one more ques- we adopt a wrong principle in this respect, tion connected with this subject, about it must be attributed to our ignorance or which I wish to say a few words before I considered an intentional deviation from the take my seat. An effort was made in this path of rectitude. hall a few days ago, in apportioning the Mr. Chairman, many arguments might Senators and Representatives to the several be stated to maintain my position; but I districts, to make the colored people a part will not detain the Convention in that way, of the population entitling a district to a and will content myself with a simple illusSenator or Representative. Mr. Chairman, tration, which will, I think, demonstrate to I thought this wrong then, and voted every unprejudiced mind, the injustice of against it; and I think it wrong now. Why the principle I am opposing. should they be so counted if they are not The gentlemen from St. Joseph and entitled to the elective franchise? The Cass were both of them, if I recollect coronly correct rule appears to me to be to rectly, in favor of considering the colored apportion members, as nearly as may be, population a part of the population enti 296 fling them to a representative; but one of Mr. Chairman, I would like to have them, atleast, was not willing to give them some of those who have so warmly advothe right of suffrage. Now let us consid- cated the claims of the colored people to a er these counties the residence of a few representation in the councils of the State, talented men, ambitious for official distinc- inform me how many colored people withtion, and looking to the colored population out votes, and one white man with a vote, as an infallible means of political advance- should entitle a county to a representative, ment. Let us suppose these men to be and said while man to the privilege of engaged in encouraging the immigration of electing himself such representative by his colored people into those respective coun- own vote. ties. As the colored population increases, Mr. Charman, if this would be wrong, the white population must decrease. The in the extent to which I have carried it, white population cannot live in the vicinity it would be wrong in any degree, however of colored settlements, and exchange neigh- small, and should not receive the sanction borhood civilities with them. Those who of this Convention. know most about such settlements want to Mr. Chairman, there are several other have the least to do with them; and I questions relative to the civil and political am assured that in Cass county, where a rights of these unfortunate colored peofew years ago so much sympathy for the ple, which I should be happy to examine, poor colored man and his oppressed family but I have already trespassed too long upexisted, as to induce the formation of a on the patience of the Convention. numerous colored settlement, the white The question was taken on Mr. ORRUS people have been brought to a "realizing amendment to strike out the word "' white," sense of their situation" when it is too and lost. late to retrace their steps, for the colored Mr. RAYNALE offered the following people have obtained a foothold, and the as a substitute for section one: white people must either exchange civili- "In all elections, every white male citities with them or sell out and leave; and zen above the age of 21 years, having rethat they are already selling their farms at sided in this State six months next precereduced prices and leaving the county to ding an election, shall be entitled to vote get rid of their colored neighbors. at such election: and every white male inMr. Chairman, this must continue to be habitant of the age aforesaid, having resithe case. The white people cannot live ded in this State two years in all, and havwith the colored people, within the same ing filed his intentions to become a citizen rooms, or in the same associations. And of the United States, shall be entitled to suppose these ambitious persons to contin- vote at all elections; provided such inhabine to encourage the immigration of colored tant shall have resided in this State for the people to the counties, and the white people six months next preceding such election; continue to leave until there shall be no but no such citizen or inhabitant shall be white people left in them, except these am- entitled to vote, except in the township or bitious persons; it is easy to see that these ward of which he is an actual resident." persons would be able by their own votes Which was not adopted. alone to electfthemselves to office. Mr. WILLIAMS moved to strike out Will it be said that this would be an ex- "or while a student of any seminary of treme case, and not likely to occur? Sir, learning," in section 5; which did not preit is already in progress, and who can set vail. bounds to that colored settlement from On motion of Mr. CRARY, the words which the whites are already fleeing? But " Constitution or," were inserted at the end the question is not whether such a circum- of first line of section six. stance may occur, but whether it would On motion of Mr. GALE, the words be right to give each of these counties "i non compos mentis," in fourth line of seca representative, in consequence of their tion six, were stricken out, and "'not of colored population having no votes, and sound mind," inserted. thereby enable these ambitious persons, On motion of Mr. CRARY, section 8 by their own votes, to elect themselves to was stricken out. your Legislature? The resolution referring the question of 297 extension of the right of suffrage to color- vote in favor of placing fashionable dueled male citizens, to the people at the next ing in the same position? general election for their adoption or rejec- Mr. CHAPEL-I think not. I always tion, was read. voted for a code of honor. Mr. RAYNALE moved to strike out all Mr. GOODWIN remarked that the secafter the word "resolved." tion only provided that the Legislature Mr. WOODMAN hoped it would not be might act upon it. It was a power that struck out. ought to be retained by the Legislature. Mr. BAGG hoped it.would be struck out. Mrr. BUSH said many honorable men Three-fourths of the people would vote made bets on the result of elections. Would against striking out the word "white," in gentlemen say, or would they leave it to any law, but it would cause excitement. the Legislature to say, that a man, for a bet, Mr. BUSH hoped it would not be struck when it is fashionable, or that citizens maout. There are many resp ctable citizens king a trifling bet, should be proscribed who are anxious to have this question sub- forever? A wvarm party man miight be mitted to the people. He believed four- led into it for the purpose of excluding him fifths of the people would vote against the from voting. proposition; but he wished it to be submit- Mr. N. PIERCE had known females reted-it would stop agitation afterwards. duced to distress from betting, and it was Mr. KINGSLEY said it had been agita- desirable that they should be protected. ted in the Legislature every year for sev- This leaves it open to the Legislature; if eral years past. Submit the question to the people do not want it the Legislature the people now,and it will stop this agita- will not pass it. tion. Mr. CRARY believed it would not apOn motion of Mr. LEACH, the blank ply to the Presidential election, upon the was filled with l 1st January, 1851 " result of which it was most usual to bet. Mr. WILLIAMS hoped the resolution He moved to amend. would be adopted. The committee had a Mr. GOODWIN believed it would exlarge number of petitions before them, tend to all elections in this State, although signed by some three thousand persons. the election may be for President of the A large class wish to vote on this ques- United States; though he had no objection tion, and it is right that they should have to having it made more explicit. the privilege. Mr. ROBERTSON saw no object in cutThe motion of Mr. RAYNALE to strike ting off a person on account of his making out did not prevail. a bet on the result of an election in other Mr. CHAPEL moved to strike out of States. The object he supposed was to cut section 6, the words "or who shall make off inducements to use corrupt means to or become directly or indirectly interested affect an election, which a person making in any bet or wager, pending upon the re- a heavy bet might be induced to do. It suit of any election in this State," and in- would be wrong to disfranchise a man besert "and for depriving any person who cause he had bet a new hat on an election. shall make or become directly or indirectly The amendment was adopted. interested in any bet or wager depending Mr. RAYNALE moved to strike out all upon the result of any election, from the after the word "State." right to vote at such election." Mr. R. said all punishment should be Mr. C. said he made the motion because such as to have its effect on the communibetting was associated in the section with ty, and should be complete in itself. It infamous crimes. Betting was fashionable seemed to him to be illiberal and unjust, in Presidential elections, and many persons after a man had suffered what the law rehave made money by it. I think (said quired, that he should remain forever a Mr. C.) it is right to shut us up constitu- proscribed man. tonally. It may do good, but I do not Mr. HASCALL saw no impropriety in think that a person making a fashionable excluding those persons from participabet should be classed with those convicted ting in the government who had set themof infamous crimes, selves against all government. It shows Mr. CHURCH-Did not the gentleman they are not, disposed to be well behaved 75 298 or good citizens. On the ground that they "Laws may be passed excluding from had set themselves up in rebellion against the right of suffrage, and from holding any the laws of the government, they should office under the laws of this State, persons have nothing to do in making the laws. who may be convicted of an infamous Mr. WALKER believed the object of crime, are znon compos mentis or insane." punishment to be the reformation of crime. On motion of Mr. WITHERELL the If it does produce that effect, we ought committee rose, reported the article back not to place odium upon him after he has to the Convention with amendments, asked had the wholesome lesson of instruction their concurrence therein, and to be disimparted to him. It might drive him back charged from the further consideration of to the commission of crime, said article. Mr. WITHERELL said there were two The committee, throuugh their chairman, reasons for inflicting punishment-warn- reported the Article entitled "Elections," ing to the community and reformation of with sundry amendments, in which the conthe offender. Many cases occurred, where currence of the Convention was asked. the Governor exercised the pardoning pow- The committee was discharged fiom the er on persons supposed to be innocent; and further consideration of the article; and the there were cases where persons had under- same was laid upon the table. gone the whole term of punishment, who On motion of Mr. J. BARTOW, the were by many supposed to be innocent; in Convention adjourned. such cases it would be a double hardship if excluded from the right of suffrage on account of the conviction. Mr. CRARY-After a man is convicted, FRIDAY, 23d daty,) June 28. he is sentenced to punishment as an exam- The Convention was called to order by pie to others, and to reform the individual; the PRESIDENT. yet you propose to fix a mark upon him, Prayer by the Rev Mr. SANFORD. like that of Cain, which shall follow him REPORTS. through life, though you may have reform-EPOT ed him. If a man who has committed Mr. RX ROBINSON, from the concrime shall have been confined so long as mittee on County Officers and County to deter others and reform himself, you overnnment, reported the following article, should not fix a stigma upon him. The which was read a first and second time by probability is that he will not reform, if the its title, referred to committee of the whole people are constantly pointing at the black and ordered printed. mark upon him. ART1CLE —. Mr. BACKUS said he saw none of the CoZy ce and Counly Governrment difficulties which gentlenen seemed to ap- 1. Each county duly organized by law, prehend. This provision leaves it in the shall be a body corporate and politic, with hands of the Legislature to make provision such rights, duties, powers, privileges and that persons guilty of infamous crimes, immunities as shall be established by law, bribery, perjury, and crimes of that class, All suits and proceedings, by or against shall be deprived of the elective franchise. any county, shall be in the name thereof. Why should they not? Is a man who has 2. No county now organized by law, been steeped in crime, and who has just shall ever be reduced by the organization come out of the State prison, a fit person of new counties, to less than six hundred to participate with us at the ballot box, to square miles. make our judges and our constituted State 3. In each organized county there shall authorities? I think not. If a man has be one sheriff, a county clerk; who shall be been guilty of the crime of bribery or per- the clerk of all the courts of record to be jury, his ballot should not mingle with ours held in the county, a county treasurer, in perpetuating our institutions, who shall be ex-officio register of deeds, On motion of Mr. BUSH, section six one county surveyor, a prosecuting attorwas stricken out. ney, and one or more coroners, chosen by On motion of Mr. IANSCOM, the fol- the f qualified electors thereof, once in two lowing was substituted for said section: years, and as often as vacancies shall hap 299 pen, and whose duties and powers shall be several counties of this State, such further prescribed by law. powers of local legislation and administra4. The county clerk, county treasurer, tion as they may deem proper. judge of probate and prosecuting attor- Mr. REDFIELD offered the following ney, shall hold their offices at the county resolution: seat. Resolved, That when the Convention ad5. The sheriff shall hold no other office, journ, it shall stand adjourned until Monand shall be incapable of holding the office day, the eighth of July, and that during of sheriff longer than four in any term of the said adjournment, the pay of members six years. He may be required by law to and officers shall be suspended. renew his security from time to time, and Mr. BAGG offered the following substiin default of giving such security, his office tute: shall be deemed vacant; but the county Resolved, That the remaining members, shall never be made responsible for his and the officers of this Convention have acts. leave of absence till July 6th, to take place 6. A board of supervisors, consisting of from and after the 29th instant. one to be chosen from each organized town- Mr. B. said that he offered the substiship, shall be established in each county, tute in good faith. He had voted conwith such powers, to be uniform through- stantly against an adjournment, and had out the State, as is hereinafter prescribed. remained in his place while others had 7. All incorporated cities shall have gone home-some, he believed, two or such representation in the board of super- three times. It now appeared that all visors of the counties in which they are were desirous of going home, and it would situated, as the Legislature may direct. be found impossible to proceed with the 8. The board of supervisors shall have business. When he came here, he suppower to organize new townships, and may posed that six weeks would have been grant privileges to construct bridges or sufficienttime tohave accomplished their mnill dams, or to lay out roads in their re- business. Four weeks had nearly been spective counties; butno township shall be spent, and he did not see but it would organized of less dimensions than the Uni- require six weeks longer to get through, ted States survey thereof. if there was to be this vacation of seats 9. No county seat, when once establish- and this discussion of adjournment. We ed, shall be removed, until the place to have been growing "small by degrees and which it is proposed to be removed shall beautifully less," and soon should be withbe designated by a majority of the boal rd out a quorum. It was but to adjourn for of supervisors of s.id count,? and two the time contemplated in his resolution. thirds of the qualified electo- s}li a:~e Mr. REDFIELD had voted invariably voted in favor or;h(e popoe' c.t o, in against an adjournment, until it was evi-. such manner as shall be prelcribed by dent that a suspension of business was to law. take place. He thought it was but justice, 10. The board of supervisors of any if the members saw fit to adjourn, that county may borrow or raise by tax, --- they should not receive their per diem dollars, for constructing or repairing pub- pay while absent from their duty. lic buildings, highways or bridges; but no Mr. HANSCOM opposed both the resogreater sum shall be borrowed or raised lutions, and any action on the subject. by tax for such purpose, in any one year, The journals of the Convention would unless authorized by the vote of a majority show a vascillation on this question that of the electors of said county. would make us appear ridiculous. When 11. The board of supervisors shall fix we were reduced to less than a quorum, if and define the compensation of the vari- such should be the result, we could adous county officers in their respective coun- journ from day to day until members had ties; and the sum so fixed and defined, returned. He had voted against his own shall be subject to no alteration by appeal judgment for an adjournment, for the acor otherwise. commodation of members who had now 12. The Legislature may hereafter con- gone home, and the inducement for him to fer upon the board of supervisors of the thus vote was taken away. 300 Mr. STOREY moved to lay the whole directed to their duties, that it was not sublGet on the table; which was carried- possible to continue the session longer than yeas 38-nays 24. that time. rThe members who desired to Mr. VAN VALKENBURGH asked go home should have voted themselves no leave of absence for Mr. WHITTEMORE till pay, and left those unmolested who rethe 8th of July. mained at their posts. If the Convention Mr. S. CLARK said that it was evident adjourned, a number of members could that it was the intention of members to go not go home within the time limited; and home and still draw their pay. He should it would be a great injustice to force the mioppose all such efforts, for he did not be- nority to remain here at their own expense. lieve it right for members to abandon their Mr. BRITAIN submitted the following: duties and still receive the same compensa- Resolved, That when this Convention tion as if they were at their posts. If adjourn, it adjourn to meet on Wednesmembers desired to be absent, they should day, the 10th day of July next, and that be so at their own expense, and not at the no compensation be allowed the members expense of the State. He should there- and officers of this Convention during said fore vote against the granting of leave of adjournment. absence to the member desiring it, and Mr. HANSCOM suggested that the resagainst any such privilege to any member, olution was identical, in substance, with unless called by the sickness of himself or the one which had just been postponed, family irom his duty. He was willing to and therefore not in order. stay here and attend to the duties of this Mr. BRITAIN-Under the time fixed body until they were completed; and if oth- by this resolution, members could leave er members felt differently on the subject their homes on Monday, and all be ready than he did, and were disposed to go home, to take their seats on Wednesday morning. he thought it no more than justice to pre- He had two objects in this resolution. The vent their receiving pay during their ab- fi st was to allow such members as desired sence. to go home to do so; and the second object Mr. VAN VALKENBURGH did not was to save to the State from four to five understand that his colleague had gone thousand dollars. He [Mr. B.J could not home from sickness, but he had urgent go home, but had been ready to vote for business which called his attention; and an adjournment merely for the accommoafter the many grants of this kind of fa- dation of members, whenever they were vors, he should be extremely sorry to see willing to do so without pay. He thought his colleague refused the same privilege. it wrong to draw pay for services that were He (Mr. Van V.) had, when the subject not rendered; and he was willing to remain was first acted upon, voted invariably here on his own expense during the proagainst paying members during the ad- posed adjournment. journment that had been so much talked Mr. GALE said there had been nearly of; but as that object could not be ob- as much time spent in discussing thismattained, and after so much courtesy had ter as itwas proposed to be absent. It apbeen extended to members, he could not pealed to him that injustice would be done conceive it right to make exceptions now, by the resolution, for many members had and under present circumstances objections been home once or twice, and members came with a very bad grace from those who remained here during the adjournment who had been home and returned under would be at expense. such leave. Mr. WOODMAN moved the indefinite Mr. CRARY said that he thought every postponement of the resolution. man in the Convention stood upon his own Mr. W. wished to see the matter dispohonor in relation to his absence. He had sed of. He was not in favor of votin to opposed an adjournment, because he had members of professions, who were of on been confident that the Convention would their own business, and making money complete itslabors by the middle of July; thereby, their per diem allowance here. and members would see, on looking at Those who stay here should draw the-i what was behind in their business, if all pay; and those who go, should not, during the attention of the Convention had been their absence. 301 Mr. ROBERTS desired simply to say luded to would be tseftil; but the sitm for the members of the Upper Peninsula, ple question as to whether the Commisthat they had voted for an adjournment sioner of the Land Office should be retainmerely for the accommodation of mem- ed in the new Constitution, as the head of bers. a distinct department, he thought could be Mr. N. PIERCE would ask of the gen- decided with the information that it was tleman if he could not so modify his reso- presumed every member was fully aclution as to substitute the 15th of August quainted. All knew the amount of public instead of the 10th of July? It would ac- lands which we had received from the gencommodate the farming portion of the eral government, and for what purposes Convention very much better, as by that they were given. The disposition that had time they could nearly complete their har- been made of them also, was generally unvesting. derstood, and it was not necessary at this Mr. BRITAIN said he could not do it, time to go into all the details. A very for two reasons. It would bring the re- large proportion of the lands had been dismaining part of the session in the most posed of, and thus a large shareof the dusickly season of the year; and it would tiesof such an officer were removed. The bring out the constitution too late for a full remainder would soon be sold. The ducanvass of its merits before the fall elec- ties at no time during the existence of the tion. office, had claimed all the time of the ComMr. STOREY moved that the Conven- missioner, and a decrease of the amount of tion go into committee of the whole on the land would be followed by a decrease of general order. the duties of the office. The duties were The question was carried by yeas 37, easy and simple, and could be readily pernays 25. formed by a clerk If the whole amount The Convention resolved itself into com- of land which the State has received, were mittee of the whole on the general order, at this time placed in the hands of the Mr. WILLIAMS in the chair. State, it might be necessary to retain such Mr. WALKER moved that the commit- an officer for a time; but the present positee rise. tion of our lands did not, and could not Which motion was lost. require the creation or retention of this ofThe committee took up the article ficer in the Constitution. The whole busi"State Officers." ness could be as well under the superinThe question being on the motion of tendence of the State Treasurer, where the Mr. ROBERTSON, made on the 24th inst., to report of the committee had placed it, as to strike out of the 1st section "who shall be have a separate head. Through the hands ex officio," and insert "a," of the Treasurer all of the money had to Mr. ROBERTSON said that there had pass, and the other duties connected with been certain information called for by the our lands were not onerous enough to jusConvention, which was needed in a proper tify the expense, or demand the attention investigation of the subject under consid- of another officer. He would giveway for eration. That information has been giv- the reading or the communicatio n from the en and ordered printed, but it had not yet Commissioner of the Land Office. been laidon the tables. It mightbe proper, Mr. REDFIELD said the last gentletherefore, to pass over this article. man had submitted all that was necessary Mr. GOODWIN-There is another to be said. The office could be abolished matter of information which the Conven- without any injury to tle interests of the tion has taken steps to procure, which State, and be a saving of a very considermight be useful in the disposition of this able expense. The expense resulting from section. A committee has been appointed the provision as reported by th a committo report to this Convention the relative tee, could not exceed forty dollars; wherequantity of land received from the general as, under the system as heretofore existing, government by this State, as compared it had cost fourteen hundred dollars. It with the other north-western States, which was simply for this Convention to say report has not yet been made. whether the State would have this departMr. J. BARTOW-The information al- ment of her business transac ed equally 76 302 well for forty dollars, or whether it would I Mr. BUSH-If it can be shown that gratuitously bestow the. diffl'rence of the forty dollars would pay for whatnow costs calculation upon the head of a sepa rale de- fourteen hundred, he should be in favor of partment. There existed no necessity for it; but if the same amount, or near the the office, and le hae d no doubt thlt, under 1 same amount, was to be paid to clerks in the superintendence of the Treasurer, its another department to perform these duduties would be as faithfully performed i ties, he was opposed to it. But he was and as acceptable to the people, as under not convinced that this sum could provide the system proposed by the pending for a proper nlanagement of this interest amendment. of the State. It now required the attenMr. CHAPEL offered a substitute for tion of the Commissioner and two clerks, the section, providing that the Commis- and he could not see how it would require sioner of the Land Office should be ex-offi- less attention under the management of cio Superintendent of Public Instruction. another department. The State Treasurer Mr. BUSH hoped that the pending would be obliged to have so many more amendment [Mr. ROBERTSON'S] would pre- clerks. He was afraid that the experiment vail. It was providing for the proper man- might prove too much like some other calagement of the largest interest of the culations of reform in this State. He had State-an interest that was increasing, in- heard it trumpeted that our laws could be stead of diminishing, as had been assert- codified for five hundred dollars, and he ed on this floor. The policy of the State had seen it roll up to ten thousand; had intended it to be an increasing inter- Our lands were too often considered as est. The lands were sold, and twenty-five public plunder. The timber, or anything per cent paid down, and the land remain- else that was found, which was valuable, ed security for the balance; which amount was taken without hesitation, and with imwas paying its annual interest. Thus a punity. Was it not necessary to have new account was opened at every sale, some officer to see to this, who would feel which of course increased the amount of a responsibility, whose scrutiny would be business in the department. Such was feared, and whose energy would prevent the policy of the State; that the largest such depredations? share of the amount should be at interest, But it had been urged that the comand secured by the land sold. It was the missioner had little or nothing to do, and best policy that it should be so managed. that he was away from his post of duty a There could be no better security. And considerable part of his time. Such had thus every acre sold would add to the bu- been the fact, to a greater or less extent siness of the department; and for a great with all the State officers. The Superinnumber of years would this increase go tendent of Public Instruction, Auditor on, till all our lands were disposed of. General, except the present incumbent, What disposition should be made then and all others, had been from their places of this interest? Under whose manage- at certain seasons of the year. The State ment should it be placed? It would be Treasurer had been absent to New Jersey better, in his opinion, to place it under the for a long time, and his duties had been control of a person directly responsible to performed by a deputy. It was sometimes the people for the proper performance of necessary for the Auditor General and his trust, and elected with special reference Treasurer both to be absent from their ofto his fitness for this position, rather than fices on business imposed upon them by leave it an incident to another department. law. So it was with the Commissioner of To accomplish such a purpose he was wil- the Land Office. His duties called him to lig to suffer a trifling expense further-of different parts ol the State. It was true expending a few more dollars for a public that at some portions of the year, the duofficer than leave it in the hands of a clerk ties of this office were light-that they did in another department. not require as much attention as at other Mr. REDFIELD-The proposed ex- seasons. But that did not remove the nepense would be forty dollars, while that cessity of providing that when those duties now incurred is something like fourteen were demanded, a faithful and competent hlundred. officer should be in readiness to do them, 303 Another point worthy of consideration of this department was under the superinin this recommendation of the committee, tendence of the Auditor General, with the was the placing of the appointing power, same number of clerks as before employwhich should more properly be in the hands ed, the business had so fallen behind, that of the people, in the hands, of heads of de- after the office of Commissioner was repartments. The direct responsibility to the stored and the present incumbent entered people is therefore, in a great measure re- upon his duties, extra clerks had to be moved, and the evils resulting from this employed, and had been employed up to power, and of which so much complaint the present time. This was no fault of the had justly been made, would be increased. Auditor General, for the duties belongAn officer elected by the people, and re- ing legitimately to his office required all sponsible to the State, to have the direct of his attention. But the business of the charge of this important branch of our office would not have thus suffered if a State government, was, as he thought, best head of this department had been directly calculated to promote the interest of the responsible for the performance of this parpeople and the faithful discharge of the ticular duty. trust. The most important duty of this departMr. REDFIELD said that the necessary ment was undoubtedly the charge of the clerk hire would be the same, whether the primary school fund. Connected with it management of this matter was in the were the dearest interests of the Statehands of a Commissioner or the Treasu- her educational prosperity, and the conserer. But the attention of a Commission- quent developement of those good qualier might be dispensed with entirely, with- ties which make us worthy of being a out loss to the interest of this branch of great State in an empire of freemen. our State affairs.. In some branches connect- There was a large amount of land belongCd with this office, as had been asserted, ing to this fund yet unsold, and accounts the business was increasing, but in others therewith yet to be opened. It was never it was being closed. The 500,000 acres anticipated that the principal of this fund was of internal improvement land had been to be used or diminished, or even suffered nearly sold, and nearly closed up. to stand still. It was expected to be kept In regard to the late incumbent, he had at interest; and it would keep increasing understood that he was absent half of his with new sales, till it would become of time, and that for the last six months of such importance as to make the Commis-'his term he was not at his post at all. sioner the most important office of the Mr. CHURCH asked if the late incum- government. Twenty years would not bent did not urge upon the last Legisla- elapse before this would be the case. And ture the impropriety of abolishing that of- if this was to be the result, it was of imfice? portance that this interest should be guarMr. REDFIELD said he believed he did ded by men more responsible than mere not. The recommendation to restore the clerks in a department. There could not,office was made by another officer. exist the proper relation between any deMr. ROBERTSON-How long was the partment and this fund, to secure to it that office attached to the Auditor's office, by attention which its importance demands. the act of the Legislature of 1849? It would be of secondary consideration Mr. REDFIELD-Three months. to any department to which it might be Mr. ROBERTSON said that the differ- attached. No one could dispute its conseence of expense under the two propositions quence-no one could gainsay its claims could be but trifling. The salary of a to the closest attention. Why, then, imchief clerk to oversee this department, pose this duty upon an officer elected for were it placed under the Treasurer's charge, thee purpose of discharging the functions could not be less than eight hundred dol- of another branch of the government? lars; and the salary of a Commissioner Another important consideration that elected by the people could not much ex- urg(ed upo.n his mind the importance of ceed that amount. The salaries of clerks providing for an officer for this department would be the same in either case. of our State affairs, was the fact that there During the three months the business was a large quantity of land yet unsold, 304 A proper and safe disposal of these lands devised, and the Convention in its wisdom would require a man of much experience, would do as it pleased. But if this Conmand who would feel the responsibility of missioner was but a mere cypher, and that the duty. Much of these lands were valu- when he stood alone he meant nothing, and able mainly for their timber; and the pro- only added to the expense as he stood in per guards to prevent the State from being relation to others-drawing a thousand dolswindled should be provided for in their lars salary, and returning no service, he sale. The officer holding them for sale was in favor of cutting off his head. He should know their value, and should be a had thought the State could do without man of sufficient judgment to look well to several of its present officers. The Lieuthe interests of the State. The State Trea- tenant Governor, as well as others, he surer, to be sure, might possess these qual- thought might just as well be dispensed ifications, but his mmin duties would be with as not. He was in favor of making those connected with the Treasury, and he every officer do some duty. The State had would be elected with reference to his qual- no business to employ men to do nothing. ifications for that position, and not for his But he was satisfied that this Commissionsupposed knowledge of our landed inter- er had not heretofore done much business. ests, or his qualifications to properly con- Mr. CHAPEL-How did the gentleman duct its affairs. It seemed to him, there- obtain his information? fore, that with these considerations before Nr. N. PIERCE had not traveled out the committee, they would see the impor- of his way to get any information, but from tance to the best interests of the State, that the general impression-from conversation the office of Commissioner of the Land with those who ought to know, and from Office should be placed in the constitution. his own observation, he was satisfied the The accounts that must be opened-the Commi,sioner himself had done but very consequent increase of the business- little business. He had usually been abMr. RE DFIELD-The gentleman must sent travefing for his own pleasure. If recollect that a large number of accounts this was the custom of that officer, the Conare being closed, and a consequent dimi- vention could just as well as not relieve him nution of business must follow. of those duties. He had supposed that oMr. ROBERTSO)N would venture to any officer would protect this fund who predict that if it required at this time two should be entrusted with it; that is, if active men to perform the duties of this of- clerks always did the business, one officer flce, in ten years it would require four. could do it as well as another. The State This increase of business, and the necessi- Treasurer could say go and do it, as well ty of a strict oversight of this interest, and as to retain another officer to say the same a responsibility felt to the people, would thing. He never hired men to tell others justify and demand a distinct department what to do; neither ought the State to do for this branch of our State affairs. so. Mr. N. PIERCE was very anxious to If the Legislature had not provided too protect the school fund. The great burden much business for the Treasury departof our school system rested upon it; and ment, and he thought they had not,-and he desired to see it increased as far as pos- certainly the duties could not be veiy bursible. But which system proposed would densome under the constitution we were be the best, he might not clearly see. He preparing,-and if the fund would not sufhad felt a disposition when he came here fer under such management, and the one to reduce as far as possible the number of thousand dollars salary could be thus sathe public officers, and more particularly ved to be added yearly to the amount of since he had found the Convention some- the fund, it would seem best to him to do times inclined to go with him. He felt it away with that office. But it was said othan object, so far as it could be done safely, er States had a Commissioner. Very true. to impose all the duties upon a public offi- Connecticut had one. But his duty was cer that he could perform. But if this to travel to see to the interests of his deschool fund could not be properly cared for partment. Through his own State, and under the arrangement proposed by the New York and Ohio, he was called to atcommittee, then some other mode could be tend to the lands and securities belong 305 ing to his department. He was not at the might have a bearing upon this question, capitol at his ease, nor away at his plea- and had made their report; and he felt d.is sure. His duties were active ones, and as posed to rely upon their judgment, and to such were of value to his department and sustain their conclusions. to the State. How our business had been The office was unnecessary-the officer transacted he was not fully aware; neither was absent from his post a large share of should he urge his curiosity beyond a pro- his time-the duties were done by clerks. per course to find out. Let that be as it What reason then for his retention? The would, he believed the Convention felt dis- Legislature would never dispense with this posed to do right in this matter, and after a office; and this was the place, and now full canvass of the whole subject, fix it was the time, to reform these abuses which about as it should be. had grown on our State government. Mr. KINGSLEY said that he was in fa- Mr. CRARY said that he did not feel vol of abolishing one or the other of these disposed to continue this debate, but he had offices. The argument of the gentleman a word to say of what had passed under from0 Ingham, [Mr. Busr,] that he wished his personal observation. He had known an officer directly responsible to the peo- something of the workings of this departple, to have charge of this interest of the ment of State government, and had taken State, seemed of little or no force. The something of interest in its affairs. He Treasurer was to be elected by the people; had known the Commissioner of the Land and would they be less likely to get a re- Office, and the Superintendent of Public sponsible man to fill that position if the fur- Instruction, and had had an opportunity to ther duties of commissioner were imposed judge of the extent of their duties. Duupon him? And would he not be as di- ring the time the office was located at Marrectly responsible to the people for the shall, a period of four years, he had occafaithful discharge of the Commissioner's sion very fiequently to observe the transduties as if he had been elected for those actions in the office-of the amount of buparticular duties alone? siness which was done, the number emThe assertion that the Commissioner ployed, and the time devoted to their duhad a great deal of business to do could ties during that period, he had had some not be sustained; and certainly, for the fu- opportunities of judging. Three persons' ture, his duties could not be increased. whole attention was usually necessary to The assertion that the Commissioner had perform the duties of the office; and he the charge of the lands before they were had not unfrequcntly seen them engaged sold would be found not to be so. The in their business at unreasonable hours, afprosecuting attorneys of the respective ter the ordinary business of the day had counties were required to exercise this been closed. charge. At least, this duty was imposed Our educational interest was one of the upon them, and no other officer has ever most important branches of the governassumed such duties. If a person wished ment. The interests in the charge of the a lot of the school land, he made his ap- Commissioner, or whoever discharges his plication therefor; and after the land was duties, and in the charge of the Superinsold and the twenty-five per cent. paid, tendent of Public Instruction, were of the that was about the extent of the Commis- greatest moment to the whole people; and sioner's duties. whatever means could be devised to guard Mr. CRARY-Bonds are firequently ta- these interests, it behooves this Convention ken in cases where the twenty-five per to provide. cent. is not sufficient to protect the inter- That the duties that followed a proper est of the fund. charge of our State lands were sufficient Mr. KINGSLEY-That is not a very to warrant a distinct department of the State tedious duty. The intereston theremain- government, he could not doubt. The der had to be paid annually, and the mon- accounts were not only increasing with ey passed into the Treasurer's hand. every new sale, but a per cent. was being There could be no necessity for an inter- paid on the principal remaining due at the mediate officer. The committee had un- time of the sale. People were paying for doubtedly investigated all the facts which these lands; and, for the future, those who 77 have purchased school lands would be favor of combining the two offices. He paying more rapidly than heretofore. It nhad bceen disposed, so far as they could followed as a natural consequence of per- with afety, to diminish the numcber of the sons getting thei lands cleared off, and public os.fce-rs; and withl this view he had their farms improved and pood ctive, that | entertailned the opinion that- the ofice of they wisledto geot o ft d ebt. "What wa'.'s Commissioner could be dispensed withl to be done withl thisi pnnc ipal io tLe school [[-[1is fov ist mpessioee, had given fund? It was not to be used — thiats was'way, and Ie scouldl be opposed to the resettled. It should not remai dln io. t, ase in Iroval f t that condition it would be useless, Were The a bolition of this oflice would pr?are disposed to let the State urn in debt tto duce a change in our State policy-the this fund?9 It was a bad policy, Conneec 0 policy of ur legislation in reference to our ticut had set us an example wvhich i ght ni Stiate tt cls andt every chlanoe'must beh be wise to follow. She had. loaned out her dis;astrous to the public interests i that defund on bond and mortgage, and kept do pai arment.. Such is the inevitable result of ing so as fast as it accumulated, throughb a change, and its effects were woirthy of the hands of an efficient commissioner. consicdeation in the settlemenrt of this quesWe should lhave to do the same, unless the tion. State was to have the use and control of If tNe oneeessities of the government did this fund. Between the landed security not require the abolition of this office, and of the people of Lhe State and the obliga- the best interest of the school fund requitions of the government, there would be no'red sluch an officer, it was best to make the reason for choice. The State was subject State land interest a separate departme:at t the thousand co'narotions that effect he- of thBe govyennment The teachings of the credit, to convulsions that might exhaust -aist and the prospects for the future, seemher resources; and, in case of a revollu- ed clearly to indicate that this was to be tion, not a dollar of the fund would ever fa-r the oe important of the two offices be saved. As a mere question of policy, proposed to be combined,':f not the most this State should not have the use of this important of any of the departments of the fund-to become in debt as a State to this State. The office, he judged, had hereto.fund. It was wrong, and should not hbe fc,-e been badly managed;. more, perhaps, entertained for a moment. from the inefficient laws under which he It had been sald here that the Comtmis- acted, than any negligence of the officer, sioner had paid very little personal atten- but the duties legiticmately belonging to this tion to the duties of his office. But le bad departnent, and prpcerly placed to, the-dusupposed that it came from those who were ty of an o-ficer, were of sufficient magninot fully acquainted with this office. At tude to be confined to the responsibility of least he [Mr. C.] did not believe this to a distinct officer. be the case. There might be seasons of'r. CHU RCH- said that reference hal the year when the business of the office been made to information derived from ofwas not as great as others, and the officer ficers of State. How was this information -eould be away. This was the case with obtained? The Conventicn certainly had all offices, and no more with this office than not made any requests for such informa, any other. It was a question of some ia- tion as had been alluded to. Individual portance for this Convention to decide, members then had called upon the officers;:whether this department shall be adminis- but was thbet the proper mode? It seemed tred as secondary to another, or vwhether to him to be compromising the dignity of we should provide for an offcer for the the members to obtain their information in. special purpose of superintending its du- that manner. And if any officer chose to ties, and to be directly responsible for those pour into the ears of members their comduties, and for no other. For him, he should plaints or wishes, it might be well to know vote for the amendment proposed by the it. gentleman from Macromb, [Mr. RonBERT- N:-. E. PIERCE-State officers ha-ve sos.] not poured into. my ears their complaints Mr. BACKUS said that wh en this sub- or wishes, sir; neither have they acted beject first attrated his attentio.n, he -was in yond their proper sphere; neither do I be 307 lieve members have compromised their been made, and mu.ch fault found with the dignity by improperly seeking for informa- late Commissioner of the Land Office, tion. HIe wished to say a word to correct any erMr. CHAPEL said he found fault vith roneous impression that may have been the arrasngenmeit of this report. He wished entertained of that officer. He was to see a consistency between the ciassifi- a man above reproach, -If there was a cation of the duties of an office arKd thde of- man in the State government who had disficer. If the idea of saving expense to charged his duties faithfully, either to the the State called for the combination of the spirit or the letter of the law, it was that offices of Treasurer and Commissioner, the man. That there were times when there;same reasoning would call for the combina- was little business in thli department, was tion of the offices of Secretary of State and true; and that this officer may have been Superintendent of Public TIstruction. We absent during those periods. But he had had resolved upon biennial sessions of the le never, he (Mr. B.) would venture to say, gslature, and the Secretary of State's duties been absent when his duties demanded his would thus be diminished one-half, and attention. that of the Treasurer to a very censidera-,i'hr. ORR said that he was a member of ble degree. Now, if these combinations the committee who had reported this artiwrere to take place, he wanted to see the cle s: i due to Mr. SHOl.IEARTa, and tbhat the alluJte 374 sions of the gentleman were entirely un- us to have that interchange of courtesy called for. which we could have had, had it been the Mr. ROBERTS-The gentleman fiom middle of the session, or upon ordinary Jackson says that I have'acted uncourte- occasions. By his substitute, he made it ously to Mr. SHOEMAKER, who acted as necessary to pay one per cent. instead of chairman of the committee on Incorpora- one-half per cent., and made it necessary tions. So far from that being the case, it that the company should not occupy more was but a proper and necessary answer to than 640 acres of land, when thle United a reflection that was cast upon my section, States' law gives permission to occupy three with regard to the time occupied on the miles square. He would increase the per affairs of the upper peninsula for legisla- cent. upon the House bills, and he would tive purposes. This Shoemaker passed reduce the amount of land. And of that through his hands three bills from the Sen- I complain as a wrong, as the three bills ate, at the rate of one-half per cent. upon had passed from the Senate and throughl the capital, real estate and personal prop- the House, in the manner proposed, in the erty of the companies, which passed first instance. through the House of Representatives, of Then these three bills were the property which I had the honor of being a member. of whom? Of none claiming any interFifteen several bills were sent from the ests, or owning any property in the upper House of the- same nature; and with re- peninsula. They were got up for speculagard to the bills containing banking privi- tion by him, and for speculative purposes; leges, the assertion of the gentleman from and if it would not occupy the time of this Jackson is false. Convention, I could fully satisfy every one Mr. MASON called the gentleman to of the character and reputation of this man, order. not only with regard to these bills, but with The CHAIR was of the opinion that the regard to other matters. remarks of the gentleman were not in order. Mr. STOREY-I know, myself, nothing Mr. McLEOD-If it be in order, I move of the facts. I complain of the manner of that the gentleman have leave to proceed. the attack. It was uncalled for, and unWe will take the liberty of replying. gentlemanly. No sufficient provocation Mr. STOREY-I hope the gentleman exists, in my opinion, to warrant such an may have leave to proceed. attack upon a gentleman in his absence. Motion agreed to. The consideration of the article entitled Mr. ROBERTS-I have arrived at this " Legislative Department" was resumed, point. Some fifteen bills were about to be and the question being upon inserting the sent to the Senate, with a tax of one-half words " at the time of the adoption of this per cent. upon the capital of the company, Constitution," proposed by Mr. CRARY this leaving them still subject to the taxes that morning, might be levied for township and county Mr. M.cCLELLAND said-I move to purposes, a provision which the bills of'48 strike out the whole, and will then offer a and'49, did not contain. While they were substitute. about to be sent up, three bills came from The CHAIR-This is an amendment the Senate which were introduced by this to an amendment; therefore it will not Shoemaker, as chairman of the committee, be in.order at present. containing the same provisions as those Mr. McCLELLAND-I will give my about to be sent up from the House. The reasons why I wish to offer a substitute. I Senate bills came down on Saturday or wish to remove the objections whiclf have Monday, and were immediately passed in been raised respecting the new counties the House of Representatives, because having only a paper organization, if I can they were in accordance and keeping with attain it by the use of the English lanthe bills going from the House to the Sen- guage, and give to every county that is acate. Shoemaker, after the passage of these tually organized a Representative, and perthree bills, as chairman of the committee, mit the Legislature to attach territory, and introduced a substitute for the entire fif- enable that county to send a Representateen bills, on the Monday morning previous tive when it contains one-half the ratio esto the adjournment, when it was too late for tablished by the Legislature. I think this 375 is fail, and I desire it for this reason. If bIe said of the other large counties. IThe you adopt this proposition, you may pre- injustice of such a state of things' is evivent the Legislature from organizing new dent. counties when it is necessary. Mr. K. said he would be as liberal to the You should put some number of popula- new counties as any member. The Contion in the Constitution which should re- vention had been liberal; they had adoptquire the Legislature to organize a county. ed the very provision that had been proFor if you get up the prejudices of the posed by a member who desired to favor people. against the new counties, as may the new counties. But some members, livbe done-although I think that the people ing in the larger counties, are not satisfied; of the old counties are liberally disposed when the coat is asked for, they say, ccrat present, still a febeling might be got tainly, takeit, and the cloak also. up for the purpose of avoiding any addi- The substitute proposed by the gentletion to the representation-the people men from Ionia [Mr. LOVELLJ seemed to of the new counties might have to wait be a fair one for the whole State, and the until they attain a full ratio of represen- reasons given for the amendment were fortation as established by the Constitution. cible. But (said Mr. K.) I object to voting.lMr. KINGSLEY said-It is proposed for the amendment proposed by him, on by some to give to every county which is the grounds upon which he asks the votes now organized, or which may hereafter be of those living, on the line of the central organized, one Representative. There is rail road. He says the State has done a reason why such a proposition should much for thact art of the State-that large not succeed, which has not been mention- sums of money have been expended there ed. Gentlemen would be surprised to for lwhich we are now indebted; and that hear that there are one hundred and one the new counties are now taxed to pay the counties marked out in this State. Does interest on money borrowed by the State, any one know there is not that number? laid out in the southern part of it, and There is not that number; but there are from which the more northern counties reseventy-three counties in this State which ceive no benefit. Thie gentleman is misare marked out and counted by law. It is taken in this position. The State owes provided that the number of Representa- nothing for money expended in the tives, during the existence of this constitu- construction of the central rail roadtion, shall not be less than sixty-four nor or, in oth6r words, the road has been more than one hundred. Now, i is plain, sold for as much as it cost. The if we, in the next twenty or twenty-five State has not only been made whole by years, have to^ supply one Representative the sale of the road, but, by the terms of to each county that may be organized, it the contract of sale, the purchasers now will take seventy-three members to supply pay into the treasury of this State fortythe demand, giving one member to each five thousand dollars a year, as a tax upcounty. If the Legislature make counties on the road and the property attached hereafter as readily as they have hereto- thereto. The gentleman has reference to fore —sometimes when they have only five the expenditure of the five million loan. or six hundred inhabitants-the Repre- Had no part of that loan been more imsentatives will be drawn away from the old providently laid out than that which was counties. The passage of the land bill expended in constructiLng the central rail now before Congress, or some other cir- road, the State would not now be embarcumstance, may give a spur to emigration, rassed by debt. Two nillions of dollars of and settle the northern counties of the that loan have been lost to the StateState, so that they may all be organized; sunk-gone-and where has it gone? I and counties having a few hundred inhab- I could tell the gentleman. I remember itants, within the next twenty years, will be the history of the times when the exentitled to a Representative-while the travagant and foolish expenditures were county of Wayne, which may have a pop- made. Over seven hundred thousand dolulation of one hundred thousand, will be lars were thrown away upon the canal at entitled to one member as the number of the north, the northern rail road, and othRepresentatives now is; and the same may er projects equally profitless in the north. 376 and other parts of this State. No part but genlcrtous. lThe provision of the bill, as was thrown away upon. the central: rail it originally stood, was generous; it was road. No, we are taxed to pay the iater- imoe than generous. est on this lost money, who have received I assume, for the purpose of discussion, no benefit from its squanderings; but we that the ratio of representation, as provided are willing to be so taxed. It was the by the section under consideration, will be misfortune of the times that so much mon- eiht thousand. If so, the present propoey was expended profitlessly, and we are sition pproposes to give the new counties willing to share in the misfortune. It is the diminished ratio of two thousand, frequently claimed that those living on the which is tantamount to giving the new central rail road are under great obligra- counties four Representatives, to one in the tions to other parts of the State for the con- old counties. I submit this is extra liberstruction of that road. Those who think al. vWhat do they seek to have represented so are in an error. There was a private heLre? Do they seek that the rocks and cl:arter granted for the buildingl of that trees and rivers should be represented road, and it was partly built before ob here, as stated by the gentleman from Caling the loan. The road would have been houn? Call it then by its right name. Call constructed without the aid of the State. it a representation of rocks, or of trees or Mr. LOVELL-I do not mean to say that of rivers. Let every 80 acres of land poll all the money has been lost, for the Cen- its vote in the State, by proxy; for by the tral rail road brought nearly what it cost; term representation, you must have some but there was a loss. The five million standard by which to be guided; property loan was procured-the money is gone, or persons. and we are in debt for it. The policy at present is that population Mr. KINGSLEY-As far as the Central should form the basis of representationrail road is concerned, we have lost but lit- individuals-people-not territory. For tle, as it has paid $45,000 into the treasti- the argument's sake, I accord the prinry. I could tell the gentleman where the ciple; and what will be the effect? If there two millions have gone. It was done by the is in a county fifteen inhabitants, those fifjoint action of northern and southern votes, teen have the same power and control over that were tied together, vote after vote, vote local and general matters in your Legislaafter vote, as can be seen by reference to ture, that 7000 or 8000 people have, locathe journals; and when we knew that the ted in the more densely peopled portion of money must be sunk. I told them that the State. Is this right? they might as well throw the money in the One of the first maxims that I learnedDetroit River as lay it out on the Southern and I have seen no reason to depart from rail road. But the north must not say the rule-was that "justice is equality." that they have to pay for what they did not Do gentlemen seek more than equality, or vote. do they want a population of ten or one Mr. BACKUS-I have listened to this hundred, purporting to be organized, to discussion with much interest, for it in- claim at the hands of your Legislature the volves considerations of the gravest impor- reception of a Representative? tance, as moulding the representation of They tell of vast improvements that will the State, and which will guide, control, be made by the Representatives bringing govern and manage our policy hereafter. to us favorable reports of their countieslt is important in every point of view; and ev- that they will further stimulate the increase cry member, I trust, feels this importance, or of population by holding out the fact that otherwise it would not have elicited so much they are represented. Should that be the discussion; and we should well consider policy, Mr. Chairman —should you deprive the measures to be adopted, as we shall the people of their representation in the thus fix the future policy of the State. I councils of the State because, forsooth, have listened to the claim set forth as to there happens to be a district of country the rights and claims of the new counties without people, that you want, for its imof the State to representation; and I would provement, to be represented, without reurge upon the consideration of this Con- gard to the number of people that invention, that we should not only be'just habit it? 377 Sir, it contains all the odious features same rule is applied to us as to them. But that were incident to the English rotten it is urged that representation will increase borough system, and that was unjust, un- the population in the new counties, Will holy and unrighteous inits purinciple, where a repSresentattivre develope the resources of one, five or ten men could sen'd ia nman into the county by building mills, or by agrithe Parliamnent of Great Britain to exer- cultural pursuits? How will it be done cise the same influence there lthat another more than boy any other man? But, it is did who was sent by 10,000; and yet this said he will give us information. So will evesystem is asked of us by the proposition ry advent-urer who goes there; and populanow under consideration. With them I tion will only be induced to go when they have the-highest sympathies. Bat theyi are satisfied that they will obtain the greatought to be fair; they ought to concede est reward for their labor, something like equality. Are they equal I will go as far as. consistently can; I in population? They don't pretend that will be what I deera liberal; but It cannot they are. Are they equal in property? vote without further information, as there Look at your tax-rolls, and you will be is not evidence before this Convention convinced to the contrary. Is representa- that in one of these new counties thus protion to follow property or persons? If posed to be represented, there is a populaproperty is to be represented, let it be so, tion of three hundred. If this (onvenand call it so. If property, then 80 acres tion say that every organized county shill of the non-resident 1,nds have a right to a have a Representative when it has a popvote. If people, should they not be con- ulation of 300, we shall know what it tent with a four-fold representation. If means; and it is a proposition that I don't they have the ratio for representation, they say I shall not go for; but to leave it unare entitled to it; but we offer them three certain, indefinite, when the population may or four to one. We can only learn one vary from 50 to 5000, is what I must obfact-that they are new counties; but can ject to. If there is any reason for admitany argument be drawn from that fact? If ting the counties that are now organized, there is a county that has 500 inhabitants, the samne reasons will apply in favor of the I should like to hear any argument, either counties hereafter to be organized; and logical or based upon common sense, that yet, by the am eudment, a county that is wouldprove, because they happen to live in unorganized to day, might increase her a particular district of the country that is population to a quota to morrow, and yet new, they are entitled to a Representative, would be excluded until the year 1859o while in another portion of the same corn- But there is no reason, no propriety, that munity, unless they have 7000, they can- an independent district of country should not be heard. send a Representative without reference to Strong objections have been made to the its population. That sanctions the principropriety of attaching territory to the new ple that the district shall be represented, counties. Where is the hardship? It is not the people; and at the same time the alleged that whatever the more populous constituency mlight not exceed fifteen in county to which country is attached desires, number. it will prevail, and leave the attached dis- Would it not be fair to prohibit the Letrict overwhelmed by a majority. This is gislature from admitting a Representative the law of majorities, and the fact is sim- until there is a reasonable number of peoply this, sir, that the majority of voters are ple? Cannot the Convention itself fix the in that part of the district. The moment number? If the population increases so that, in the territory attached, the popula- rapidly, they will soon reach it, and be tion preponderates over the county to which entitled to a Representative. But suppose it is attached, it can send to this Hall the the counties cannot be admitted, what injuperson they choose; until then the majori- ry do they suffer? Are they not'reprety prevails elsewhere. And so it should sented in common with the country to which be. What brings us here? It is, sir, be- they are attached? cause we hold in our hands the evidence I have yet to learn that the interests of that we were sent by a majority of the one portion of the State are diverse from people in our respective counties; so the that of another, or that we meet here for 96 aught but the common welfare. Are our Representative —anr d yet, in the whole five ltepresentatives, that in future we elect, to counties they only cast 227 votes. be bound by the narrow prejudices of rep- AMr. HANSCOM — wish to make a resenting towns? If so, by carrying out statement respecting the population of the the principle, if we give a county one Rep- five counties: resentative, butf a small portion will actual- Houghton has 1,800 to 2,200 ly be represented. Ontonagen 900 to 1,100 The gentleman [Mr. CiJURiCR] says that Schooleraft 400 to 500 one person cannot represent Newaygo and Marquette 800 to 900 Kent-that their interests are diverse. He With respect to the 227 votes being should have found out their interests, or he cast, I would remark that the population has no business here purporting to repre- is very much scattered, so that it is imsent them. But I know that he has possible to obtain a full turn out of the voliberality of mind enough to embrace Ne- ters. A proportion of the population, too, waygo as well as the county of Kent in are foreigners, who are engaged in mining, the discharge of his duties. The effect who may become voters, and, at any rate, will be that we must increase the ratio, or should have some legal rights. I think increase the number of the House of Rep- that the statement I have made that there resentatives, by assuming this extra liber- are 3,500 to 4,000, is not far from the fact, ality to the new counties. They say they Mr. J. D. PIERCE-Houghton is the may be misrepresented; but they suffer no only organized county in the upper peninwrong. We sometimes think that we are sula, except Chippewa. misrepresented by our legislators; but we Mr, WILLIAMS-I want full informabow submissively to the will of the ma- tion-no attempt at smuggling, as we have, jority. or are supposed to have, a treasury here. The provision made by the committee Mr. J. D. PIERCE-It is said that the of the whole, making 2,000 the number of other counties have the privileges of orthe population requisite in the new coun- ganized counties, but they are attached ties, while in the older it requires a ratio for representative purposes to Chippewa. of 8,000 for one Representative, I say is Mr.-WOODMAN-When the subject liberal enough; and to seek for more is was first brought up, I felt myself bound unjust in theory and fact, and would con- to act liberally-give each new county one tain a provision perfectly unsound. Representative. I still think the same, and. In Connecticut, all towns organized af- I must say that I prefer the proposition of ter a certain date have but one Represen- the member from Monroe. tative, while the older towns have two- Mr. MASON —I would inquire of the the reverse of the present proposition. gentleman from Oakland if he is correct But we have no right to barter away a about the number being 3,000 or 4,000? trust by giving representation to woods, I think he cannot have good grounds of trees and wolves, when you have men information; it cannot be possible that who pay your taxes. If the State is as- there is that number in the northern pesailed, who will defend it? Not the un- ninsula, when they only show a return of peopled counties; but you must come 227 voters. where the people are who, in addition, pay Mr. HANSCOM-They vote all one all the taxes that support your State. If way there, so there is no use making any the lands should be represented, the particular effort. voters are in New York, partly, and Mr. MASON-They come here with scatterd abroad, perhaps, in every State in two certificatesthe Union. But do not have the rotten Mr. CRARY called the gentleman to orburough system when the principle should der. be that men only should represent men. The CHAIR-The gentlemen from St. Mr. MASON-By the act of the Legis- Clair is out of order, calling in question lature, the five counties of the upper pe- the right of a member to his seat in this ninsula have all the privileges of organized I-louse. counties. Then the moment this proposi- Mr. MASON-I have done no such tion is carried, they will be entitled to a!thing.! trust that I may give a state 3 79 of facts that exist in the State departments ety of the ratio of representation heretowithoutbeing called to order. I have said fore established." nothing about their rights, nor do I desire Mr. SKINNER would inquire how many to do so. I repeat that I do not think it Representatives would be given to the upprobable that there can be a popllation of per peninsula? I wish the gentleman to 4,000, when they poll but 227 votes. The explain. gentleman from Chippewa refuses to give IMr. LOVELL-I should prefer referus light, will tell us no facts, while we are ring him to the gentleman who represents compelled to give our votes upon the ques- the upper country. The want of knowtion without being able to ascertain wheth- ledge in that quarter is the only thing that er these four counties will send four meem- has given me the least uneasiness. I will bers, and only poll 227 votes, when they inform the gentleman, as far as I can, reshould have a population of 10,000 to en- specting the lower peninsula. It will give title them to it. I hope, as the gentleman a member to Sanilac, which has a populahas suggested, we shall leave the upper tion of froim two to three thousand, one peninsula alone until we have the report of to Montcalm, with a population of nearthe committee. ly t wo thousand; Midland, the amount of The question, being upon inserting the population I do not know; Newaygo is not words "at the time of the adoption of tl is an organized county. I am not certain, constitution," proposed by Mr. CRrvPY, the but I believe that, by the amendment, yeas and nays were demanded, and the | Mackinac and Chippewa wn ould lose their amendment was lost, as follows: i Representative..YAS-Messrs. Arzeno, Beardsley,Bush, Mr. ROBERTS-As the Representative Chapel, Church, Danforth, Hanscom, Lov- from Chippewa, he begged leave to say ell, Orr, Rix Robinson, Soule, Sturgis, that he hoped the Convention would exWalker, Webster-14. cept the upper peninsula until the comNAYS-Messrs. W. Adams, Alvord, An- mittee made their report. derson, Axford, Backus, Bao:g, Barnard, Mr. CORNPELL — I see the member H. Bartow, Beeson, Britain, Alvarado from Chippewa is in his seat. We wish Brown, Ammon Brown, Asahel Brown, him to give t0e inforrmation that we so Burns, Butterfield, Carr, Chandler, Choate, much ne ed. X feel bound to call for it, so J. Clark, S. Clark, Comstock, Conner, that this Convention can take action. Cook, Cornell, Crary, Crouse, Daniels, Mr. BRlTAIN moved to amend the Desnoyers, Dimond, Eastman, Eaton, Ed- amendment of the committee of the whole munds, Fralick, Gale, Gardiner, Graham, by inserting after "county," the words Green, Hart, Harvey, Iascall, Hathaway, "with such territory as may be attached Kinne, Marvin, Mason, McClelland, Me- thereto;" which was decided not in order. Leod, Moore, Morrison, Mosher, Mowry, A division of the question was had, and'eewberry, O'Brien, J. D. Pierce, N. the motion to strike out prevailed, by the Pierce, Prevost, Redfield, Robertson, E. S. following vote: Robinson, Skinner, Storey, Sullivan, Suth- YEAS —Messrs. Anderson, Axford, Backerland, Tiffany, Town, Van Valkenburgih, us, Bagg, H. Bartow, Beardsley, Beeson, \Wait, Warden, Wells, Whittemore, Wil- Britain, Alvarado Brown, Ammon Brown, liams, Willard, Witherell, Woodman, Pre- Butterfield, Carr, Chandler, Chapel, S. sident-74. Clark, Comstock, Conner, Cook, Cornell, Mr. LOVELL moved to strike out the Daniels, Desnoyers, Eaton, Fralick, Gardibalance of the amendment made in corn- ner, Graham, Harvey, Hascall, Hathaway, mittee, and insert the following: Kingsley, Marvin, Mason, McClelland, "Provided, That each county having Moore, Mosher, Newberry, N. Pierce, an organized county government, and the Redfield, Robertson, E. S. Robinson, M. territory attached thereto, shall be entitled Robinson, Skinner, Storey, Sullivan, TifO to one Representative; and that each coun- fany, Town, Van Valkenburgh, Wait, ty hereafter organized, and the territory Warden, Wells, Whittemore, Williams, attached thereto, if any, shall be entitled Witherell, Woodman, President —54. to a separate Representative when itshall j Nys —Messrs. W. Adams, Alvord, Arhave attained a population equal to a moi zeno, Barnard, Burns, Bush, Choate, 380 Church, J. Clark, Crary, Crouse, Danforth, Fralick, Gale, Gardiner, Graham, Green, Dimond, Eastman, Edmunds, Gale, Hans- Harvey, Hascall, Hathaway, Kingsley, corn, Hart, Kinne, Lee, Lovell, McLeod, Kinne, Lee, Lovell, Marvin, Mason, Mce Morrison, Mowry, O'Brien, Orr, J. D. Clelland, Moore, Morrison, Mosher, O'BriPierce, Prevost, Roberts, Rix Robinson, en, Prevost, Redfield, Skinner, Sullivan, Soule, Sturgis, Sutherland, Talker, Web- Tiffany, Town, Van Valkenburgh, Wait ster, White, Willard-37. Walker, Wells, White, Whittemore, WilThe amendment was then adopted, as liams, Willard, Witherell, Woodman —57. follows: Mr. MORIRISON moved to amend the YEAs-Messrs. Alvord, Anderson, Ar- amendment by striking out the last clause, zeno, Axford, Barnard, H. Bartow, Beards- being all after the word "inclusive," in ley, Beeson, Britain, Alvarado Brown, the second line. Ammon Brown, Asahel Brown, Burns, Pending which, on motion of Mr. GARBush, Carr, Chandler, Chapel, Choate, DINER, the Convention adjourned. Church, J. Clark, Comstock, Conner, Cook; Cornell, Crary, Crouse, Danforth, Daniels, Desnoyers, Dimond, Edmunds, Gale, Gardiner, Graham, Green, Hanscom, MoNDAY, (30ih day,) July 15. Harvey, Hascall, Hathaway, Kingsley, The Convention met pursuant to adKinne, Lee, Lovell, Marvin, Mason, Mc- journment, and was called to order by the Clelland, McLeod, Morrison, Mosher, Mow- PRESIDENT. ry, Newberry, Orr, J. D. Pierce, N. Pierce, Prayer by the Rev. Mr. ToorER. Prevost, Redfield, Roberts, Robertson, M. Mr. CHURCH moved to amend the Robinson, Rix Robinson, Skinner, Soule, journal of Saturday, by striking out the Sturgis, Sullivan, Sutherland, Tiffany, following: Town, Van Valkenburgh, Wait, Walker, Mr. BRITAIN moved to amend the Warden, Webster, Whittemore, Williams, amendent of the committee of the Willard, Witherell, W oodman, Presi- whole, by inserting after'county,' the dent-78. words'with such territory as may be atNAYS —Messrs. W. Adars, Backus, tached thereto.' Bagg, Butterfield, S. Clark, Eastman, Ea- i"Which was decided not in order." ton, Fralick, Hart, Moore, Storey, Wells, Mr. BRITAIN wished to have a vote of White-13. the Convention upon the motion. It was And the amendment as amended was due to the Secretary to say that it was inthen concurred in. serted at his [hrr. B's] request. He [Mr. The third amendment to the article was B.] believed every measure originated by concurred in. The fourth amendment be- a member shlould go on the journal. He ing under consideration, saw no reason why the journal should not Mr. HANSCOiM moved to strike out be a true record of the proceedings. There "4thirty-two," and insert "twenty-two." could be no reason why one-half should A division of the question was called, be struck out. and the motion to strike out lost by the Mr. HANSCOM said there was much following vote: force in the observation of the gentleman YEAS-Messrs. Alvord, Axford, Bar- from Berrien, [Mr. BRITAIN.] Two other nard, H. Bartow, Beeson, Butterfield, Cha- propositions were offered and not placed on pel, Church, J. Clark, lanscom, Hart, the journals. If the proposition of the McLeod, Mowry, Newberry, Orr, J. D. gentleman from Berrien should remain on Pierce, N. Pierce, Roberts, E. S. Robinson, the journal, he should press for the inserRix Robinson, Sturgis, Warden, Webster, tion of those propositions. President-24. The CHAIR said, only matter which had NAYs-Messrs. W. Adams, Backus, been acted upon by the Convention ought Bagg, Beardsley, Britain, Alvarado Brown, to be entered upon the journal, under the Ammon Brown, Asahel Brown, Burns, parliamentary rule. To bring matter on Bush, Carr, Chandler, S. Clark, Corn- the journal which had been ruled out of stock, Conner, Cook, Cornell, Crouse, Dan- order might create great difficulty. forth, Daniels, Dimond, Eaton, Edmunds, The journal was so corrected. PETITIONS. morning and continue all day, he would By Mr. BACKUS: of H. Eisnack and only come up to the modicum of his por20 others, naturalized citizens, praying tion of labor; I think the gentleman should that the elective franchise may not be ex- come earlier and stop later than the rest to tended to foreigners, until they shall have mrzke up for lost time; and if we were like been regularly naturalized as required by the gen tleman from Oakland, could work all existing laws. day and sit up all night, we might adopt Laid upon the table. it; but as we have not that capability, I By Mr. WHITE: of C. A. Shaw and move to lay the resolution on the table. 103 others, citizens of Lapeer, Oakland The motion was lost. and Macomb counties, in relation to equal- Mr. WHITE thought there was an eviization and collection of taxation. dent impropriety in requiring members to REPORTS. meet at that hour. It was well known that Mr. BUSH, from the committee on several of the delegates boarded at a distownship officers and township govern- tance from the capitol. It was more thani ment, submitted thev could do to arrive here at the time ARTICLE -. proposed. Township Oficers and GCoverna2zent. Mir. J. D. PIERCE was in favor of thl 1. The duties of each organized town- motion, but it did not go far enough. It ship shall be performed by one supervisor, would be better to do our business in the one township clerk, one school inspector, dark. Darkness was best. It would be not exceeding four justices of the peace, better to meet at four o'clock. He moved to and not exceeding four constables. The strike out " half-past seven," and insert Legislature shall provide for their election' four." and define their respective duties. Mr. BAGG —I hope the amendment will The article was read the first and sec- not prevail. Tie gentleman from Calhoun ond time by its title, referred to the corn- [Mr. PIErnPE] says he wants to do busimittee of the whole, and ordered printed. ness in the dark. I am opposed to every RESOLUTIONS. thino of that kind. A gentlcmnan said the Mr. HANSCO:vI offered a resolution otlher day, when speakingo on single disthat after this day the daily morning ses- tricts, he would split'2p tihe pecoPle. Split sions of this Convention shall commence them up' I object to my constituents beat half-past sevtIn o'clock. ing split up in the dark, anyhow. Mr. H. believed that gentlemen could The amendments were negcatived, and make arrangements to meet at that time. the resolution adopted. The morning' was the best part of the day Mr. CHAP I;L offered a resolution that to labor. He believed the Convention the afteinoon sessions of the Cunvention would be able to do more business between commence hereafter at two o'clock. half-past seven and half-past eight, than in Mr. GALE moved to amend by inserttwo hours in the middle of the day. He ing "one." hoped the resolution would be adopted. Mr. ALVORD moved to insert "halfMr. WHITE moved to insert "six past twelve.".o'clock." On motion of jMr. AXFORD, the reso. Mr. WITHERELL saw no reason why lution w'as lid on the table. the resolution should not be adopted, if Mr. STOREY moved to amend rule 8 members could attend at that time; as by striking out " one hour," and inserting the gentleman from Oakland had observed, "five minutes;" so that it would read: "no it would be pleasanter to meet at an early member shall speak more than twice on the hour. It would be in accordance with our same question, nor more than five minbusiness at home, and he [M r. W. was utes at any one time, without the consent disposed to attend to the public business at of the Convention." the same time. It would add one hour Mr.. W. AD AMS moved to lay the resodaily for public business, and hasten the lution on the table; wh-ich was carried. proceedings of the Conve-ntion. Mr. AXFORD offered the following Mr, J. BARTOW-If the gentleman preamble and resolution: from Wayne would commence early in a i W'hereas, This Convention did adjourn 096 on the 29th day of June last past, until deep and proloundrespect for the memory the 9th day of July instant, therefore, in of the deceased," and in accordance with the opinion of this Convention, it would be a long established usage, that a committee unjust to the tax payers of this State for of be appointed by the President of the members or officers of this Convention this Convention to procure some suitable to receive any pay from the public treasu- member of this body to pronounce an eury of this State during said adjournznent; logy on the " life and public services of therefore, General ZACHARY TAYLOR, late Pre-Resolved, That for and during said ad- sident of the United States." journment, no member or officer of this Resolved, That said committee be and Convention is justly entitled to or should hereby are instructed to make the suitable receive any pay during said adjournment, arrangements as to time and place, and and that no money shall be drawn from report to this Convention in due time. the public treasury of this State for that The blank was filled with " nine;" and purpose. the preamble and resolutions adopted. Mr. AXFORD called for the yeas and The unfinished business of yesterday nays, and demanded the previous ques- was taken up. The matter under considetion. ration, being the amendments made in Mr. J. D. PIERCE moved to indefinitely committee of the whole to "Article-, postpone. Legislative Department;" and the quesMr. CLARK rose to a question of or- tion being on a motion to strike out the last der-whether the last motion could be en- clause of the amendment to section five: tertained after the previous question was " No county shall be divided in the formademanded. tion of Senate districts, except such counThe CHAIR said, had the gentleman ty shall be equitably entitled to two or asked for the yeas and nays, and there more Senators." stopped, the CHAIR would have sustained Mr. CHURCH moved to amend the it; but he called for both. amendment by striking out all after the Mr. VAN VALKENBURGH moved word "districts." to amend the resolution by adding the fol- Mr. C. thought it should stand as prolowing: posed to be amended; he saw no necessity Resolved, That the time members of this for making a distinction between old and body have spent unnecessarily out of the new counties. Convention during its sessions, shall be de- Mr. COOK-If the amendment prevail, ducted in the estimate for their per diem the Senators would be elected by general allowance. tickets in large counties. Wayne would Mr. AXFOPRD withdrew the preamble have three members combined in a disand resolution. trict. If we have single districts at all, Mr. VAN YALKENBURGH renewed the principle should be carried out. It them with the addition of his resolution. would certainly give more power to large On motion of Mr. AXFORD, the pre- counties than the new. They would natamble and resolutions were indefinitely urally have larger power on account of postponed. their numbers. Mr. WOODMAN offered the following: Mr. BAGG would like to know how a Whereas, Ithasbeen formally announced single Senatorial district would be affected to this Convention, that General ZACHA- by the county of Wayne being divided or RY TAYLOR, late President of the Uni- split up; what difference would it make to ted States, departed this life on the eve- any other county, how the Senators in ning of the 9th inst; Wayne county were elected? It can only And whereas, Not only the distinguished affect the district in which they are electposition, but the virtues of the man whose ed. The laws passed by the Legislature death has been thus announced, challenge must be of a general character. Local lefrom us and the whole American people, gislation is about being given to the boards deep sorrow for the National bereavement; of supervisors. He hoped gentlemen would therefore, not get up those prejudices between big Resolved, That as a "testimonial of the and little counties. It could not have any different effect in any, new county, wheth- Thle question recurrig on lMr. MOB.I — er Senators in the large counties are elected so-N's proposition, by general ticket or in single districts. Mr. MASON was opposed to striking Mr. FRALICK believed, if the motion out; he saw no necessity for it. It was prevailed, the effect would be a little differ- made under an impression that the larger ent from what the gentleman expects. The counties would not be entitled to an equiState shall be divided into thirty-two dist. table share. If the same construction be ricts; you can but elect one in a district. putupon the clause as under the old conIf you cannot divide a county, they can stitution, where there should be a moiety, have but one Senator. That appeared to they should be entitled to another melalhim to be very unjust. ber. There is no necessity for the amendMr. WALKER-If the motion of the ment. There would be a difficulty in cutgentleman from Kent [Mr. CtHuRCn] should ting up county lines. The part cut off will prevail, the Senators in any county, which be alienated and estranged from the counby its population would be entitled to more ty. Innumerable difficulties will arise in than one Senator, would be elected by gene- their county politics, especially in their Seral ticket. It would give to a county entitled natorial politics. to a single Senator, the right to elect wit I cannot think (said Mr. M.) that any out combination with any other county. gentleman from a large county will conIn counties where they elect more than sent to have a part of its population cut one, it would allow the people to elect them off and associated with another county. as Senators of the county. They would Mr. WELLS moved to strike out of the be Senators of counties, except where the third line, the word "equitably." population of counties do not entitle them Mr. COOK said the gentleman would to a Senator, and they are grouped together. find the word in one or more constitutions. Mr. WILLIAMS called for the ayes and It was intended to cover the moiety prinnoes. ciple where they will not be fully entitled Mr. MASON supposed that the Conven- to a member. tion understood that, as the amendment The amendment offered to the amendstands, if it should be adopted, it would ment of the committee of the whole was leave the large counties with but one Sen- lost. The amendment reported by the ator. committee of the whole was concurred The motion to amend, made by Mr. in. CHURCH, was negatived, as follows: Sec. 7. Substitute reported by the comYEAs —Messrs. Arzeno, H. Bartow, mittee of the whole was read: Church, Danforth, Hart, Hathaway, Rix "No person holding any office under the Robinson, Sturgis-8. United States or this State, or any county NAYSs-Messrs. W. Adams, Alvord, An- office, (notaries public, officers of the miliderson, Axford, Backus, Bagg, Barlnard, tia and officers elected by townships exBeardsley, Beeson, Britain, Alvarado cepted,) shall be eligible to, orhave a seat Brown, Ammon Brown, Asahel Brown, in, either house of the Legislature; and all Burns, Bush, Butterfield, Carr, Chandler, votes given for any such person shall be Chapel, Choate, S. Clark, Comstock, Con- void." ner, Cook, Cornell, Crary, Crouse, Daniels, Mr. MORRISON moved to amend by Desnoyers, Dimond, Eastman, Eaton, Ed- inserting after the words "county office," mnunds, Fralick, Gale, Gardiner, Gibson, the words "or the office of supervisor of Graham, Green, Hanscom, Harvey, Has- a township." call, Hixon, Kingsley, Kinne, Lee, Marvin, Mr. M. said he offered the amendment Mason, McClelland, Moore, Morrison, Mo. for the reason that it is proposed to make sher, Mowry, Newberry, O'Brien, Orr, N. the supervisors of a county, to a greater or Pierce, Prevost, Robertson, E. S. Robin- less extent, a legislative body. Their duson, Soule, Storey, Sullivan, Tiffany, Town, ties in a county may conflict with the duVan Valkenburgh, Wait, Warden, Web- ties of a legislator. They may both be ster, Wells, White, Whipple, Whittemore, in session at the same time. Williams, Willard, Witherell, President — The amendment was lost. 77.: Mr. CHURCH moved to; amend the sec tion by inseti aftesr the -od "militia," his reasmos for excluding post mrasters the words "post masters."'For the six years ending in 1841, more Mr. COOK-Is the object of the gen- than 300 post masters were appointed in tierman to exciuie po0-t 3lasteil? ici a, t-indi fen in ver fw nances were Mr. CHUtCLH:-Lay o iject is no t io x t s thier t two ca.ndidates for each ofclude post mrasters from the Leiiselature. I fi ee. H1e dida not recollect of a single incannot say, shut them out. I do not think stance ot refusal to accept the office. He there is nny equity in it. Therle are a few would disconnect the office of Representalarge post ofLces.'hose holding them tive from every United States' office, for would hardly be likely to be candidates the purpose of keeping the attention of the for the Legislature; but post masters, where Representative, as much as possible, conthe duties are smill, should not be exclu- fined to the particular business of a State ded from the Legislature, such as the gen- government. This could not be done if tleman from St. Clair, [M: 3J. CLARK. j I the officers of the United States were alShould like to know if there be any reasons, lowed to enter the halls of a State Legislabased on the discharge of their duties to ture, and interfere with domestic legis!athe United States, that should exclude tion. Many of these offices were highly them. The holding of many of the post lucrative, and the incumbents would genoffices is an actual favor tothe inhabitants; erally look to the power whence they the emoluments of the office not payingr derived their chief emoluments. The offor the trouble. That is the case through fice of post master was often more lucrahalf the State. To exclude those post tive than any county office. If the county masters merely because they are post mas- officer is to be excluded, then the post masters, on the mere cry, " shut them out," 1 ter should be also. think not right. If the duties of a county officer are inMr. J. BARTOW said-I take great compatible with a seat in the Legislature, pleasure in supporting the motion. I am so are the duties of the office of post massurprised to he.r that a gentleman of the ter. Post masters have franking privileexperience of the gentleman fronm COlhoun. ges, are appointed for political purposes, should say, " shut them out." How will and by their position can exert moreinfluthe duties of post miisters interfere with ence than any county officer. There are legislative duties? What obligation will men enough without them, who can serve they enter into to the State that will inter- the State in all matters of legislation. MAafere with their duties as post masters? ny of the post masters receive large salaThey do not conflict in any shape. If ries. they neglect their duties by coming to the Mr. WILLIAMS asked who of the post Legislature, the general government alone masters receive more than $200 annually. can take cognizance of it. Mr. CRARY-Many, but I cannot enuIt is true, (said Mr. B,) to my certain merate them all. knowledge, thalt in a large portion of my Mr. WILLIAMS-There are not more section of country, as stated by the gentle- than 20 in the State. man from Kent, the post masters hoid not Mr. CRARY-If only 15, they ought for the emoluments, but for the accommo- to be excluded. Why exclude deputy dation of the inhabitants; and they are the marshals, revenue officers, and light house very persons we should like to see as mern- keepers, and retain post masters? All bers of the Legislature. Every post mas- should be excluded. No United States' ter is required to have a deputy. To say officer should be allowed a seat in the Lethev sha.l be taken from the hands of the gislature. Cut off post masters, and all public and disfranchised, would be unjust are excluded. in the highest degree. We should do an Mr. HANSCOM believed there was as injury both ways; it would deprive them much necessity for the exclusion of post of their natural rights, and deprive the masters as for the exclusion of any county people of the valuable services of able officer; in fact, there was more absolute men. reason for their exclusion, however great Mr. CRARY said he should not have or small their emoluments. Contests may risen if he had not been called upon for arise between the State and the general 835 government, especially respecting the Mr. BUTTERFIELD-There are some rights of sovereignty. It is familiar to all considerations why the amendment should that the cohort of post masters owe a sort be adopted, if the new counties should of allegiance to the United States govern- be entitled to Representatives. It is well ment for the time being. Evils have aris- understood by those acquainted with the en in other States, and persons attached to localities, that there are individuals in the general government should not be those localities who would take the office placed in any situation to affect the inter- for the convenience of the inhabitantsests or rights of the State in such cases. who would take it on no other consideraOne argument why they should not be tion. Those, perhaps, are the very men excluded is, that they are a respecta- whom the people of the county would ble and valuable class. But are not our choose to send to the Legislature. I do county officers as respectable as post mas- not (said Mr. B.) see the force of the arters? They say they hold this office for gument of the gentleman fiom Oakland. the accommodation of the people. Sir, Mr. HANSCOif-Have they not adthere are not ten post offices in the State vantages over other classes? Have they but there are quarrels to get them-con- not more privileges? tentions for them. Mr. BUTTE'RFIELD-I think not. It Let them take this office on condition may be the case in larlge towns, but not that they exclude themselves from the Le- in small ones. For electioneering purpogislature of the State. The case is isola- ses, there are some that possess more fated where there are not a dozen or fifty cilities than post masters. If one excepmen capable of holding the office of legis- tion should be made, I hope it will be made later. There are cases where they get in favor of my friend from St. Clair, [Mr. four times as much compensation as they J. CLARK.] He is the only remaining noncan receive for services as legislators. I ument of the sagacity of Jackson's adiminbelieve (said Mr. I.) in disconnecting the istration. legislation of the State from any office un- He has survived the wreck of matter of der the general government. the political world. His services in the Mr. VAN VALKENBURGH regretted Convention that framed the Constitution, to dissent from his colleague, for whose and in the Senate, have been almost invalopinions he entertained much respect; but uable to the-State. Shall he be excluded? he believed it would be invidious to exclude He is one of our most valuable members. post masters from the halls of legislation. Froni the simple fact that he holds a reit is known that a large majority of mote post office, shall the State be deprithese officers in our peninsula get but a ved of his services? So long as he resmall pittance for their services. How the mains, I hope he will remain post mnster; duties of a post master can conflict with and at the same time the State may dehis duties as a member of the Legislature, mand his services here or elsewhere. he [Mr. VAN V.] could not conceive. It Mr. S. CLAPRK called for the pre-vious must be admitted that in some districts it question, which was sustained; and the is difficult to get persons to take the office, amendment offered by'Mrt. CHxRCH was the emoluments being so small. Those negatived: persons should not be excluded; they are YEAs- Messrs. W. Adams, Barnard, J. the very best persons to represent the peo- Bartow, Beardsley, Asahel Brown, Bush, pie. Butterfield, Chandler, Church, S. Clar, Mr. WILLIAMS-I had a commission Comstock, Cook, Cornell, Crouse, D-esnoysent me, and declined it. If I had accept- ers, Dimond, Edmunds, Gale, Green, Hart, ed.it, I should not have been less compe- Hascall, Lee, Lovell, McClelland, Newbertent to perform my duties in this Conven- ry, N. Piercee, Prevost, Redfield, E. S. tion. I do not think there are more than Robinson, Rix Bobinson, Storey, Surhecr a. dozen or fifteen post masters in the State land, Tiffany, Town, Van Valk;enburgh, who receive for their services two hundred'Wait, Wells, WYhipple, Williams, Wfooddollars a year. He did not pretend to en- man.-4a0. ti.re accuracy, however. He had sent for NAYS-Messrs. Alvord, Anderson, Ara book containing the list. zeno, Axford, Iackus, I:. Bartow, Beeson, 97 386 Britain, Alvarado Brown, Ammon Brown, The law does not autholize the appropriaBurns, Carr, Chapel, Choate, Conner, tion of such a superfluous number of the Crary, Danforth, Daniels, Eastman, Eaton, session laws as would justify the assertion Fralick, Gardiner, Gibson, Gralham, Hans- of the gentleman from Berrien. It is corn, Harvey, Hathaway, H-ixon, Kingsley, enough for me to say (said Mr. B.) that Kinne, Marvin, Mason, Morrison, Mosher, such a number of the laws are published Mowry, O'Brien, J. D. Pierce, Robertson, as will supply each member with copies M. Robinson, Skinner, Soule, Sturgis, Sul- from year to yeari If it only goes to this, livan, Walker, Warden, Webster, White, I see no force i itt. If it was to prevent Whittemore, Willard, Witherell, Presi- taking session laws, it might be proper; but dent-5-1. it might be remedied by publishing a less The substitute proposed by the commit- number. tee of the whole for section 7 was then It is not a proper clause in the Constituconcurred in. tion. A contingency may arise, in which Mr. WILLIAMS would take the oppor- it nmay be proper to have more furnished. tunity to explain. He held in his hand a To assume that we shall have to furnish book published by the P. 0. Department. the Legislature with the periodicals and In 1847, there were twenty-eight post mas- romances of the day would be a reflection ters who received over $200. on the dignity of the State; but it would The amendments made in committee of not be objectionable to furnish this Conthe whole to section eleven were concur- vention with the constitutions of other red in. States. I have no fear of the Legislature. Mr. BRITAIN moved a reconside- As fo.r theother term in the clause, "perration of the vote. He thouglht it too quisites of office," there is another term much to require one.fifth of the members for it-"stealings in," —which is understood elected to sustain the call for the yeas and to be synonymous. I wish to keep anynays, whien a bare quorumi might be pre- thing about stealings in" out of the consent. stitution. Mr. COOK explained, Each House Mr. BRITAIN-I do not wish to say may adopt by rule what number they what the " stealings in" may mean; but please; being a less number than one-fifth. I wish to cut it offi I would allow memThis would be a constitutional privilege. bers a copy of their own session laws. I The motion to reconsider did not pre- wish to cut them off from spending their vail. time about those "stealings in," which Section 1t was read. amounts to more than what they obtain. Mr. J. BARTOW moved to strike out The question was taken on striking out the last clause: "The Legislature shall not, and lost: at the expense of the State, provide for its YEAs-Messrs. Alvord, J. Bartow, Butmembers books, newspapers, or other per- terfield, Carr, Hanscom, Roberts, Storey, qiuisites of office not expressly authorized Sutherland, Van Valkenburg, Whippleby this Constitution." 10. Mr. B. said, the same section has al- NAYS-M essrs. W. Adams, Anderson, ready limited the expenses of that kind to Arzeno, Bagg, Barnard, H. Bartow, the sam of five dollars, during any one Beardsley, Beeson, Britain, Alvarado session. It seems the clause is entirely su- Brown, Ammon Brown, Asahel Brown, perfluous, the whole subject being embra- Burns, Chandler, Chapel, Church, S. Clark, eed in the foregoing provision. Comstock, Conner, Cook, Cornell, Crouse, Mr. BRITAIN-The gentleman will Danfortl, Daniels, Dimond, Eaton, Frasee that the previous clause does not pre- lick, Gale, Gardiner, Gibson, Graham, vent the Legislature appropriating them- Green, Harvey, Hascall, Hathaway, Hixselves books. It has been common for on, Kingsley, Lovell, Marvin, Mason, Memembers to furnish themselves with law Celland, Moore, Morrison, Mosher, Mow, libraries, at great expense to the State, and ry, Newberry, O'Brien, N. Pierce, Reddisadvantages to the people. field, Robertson, E. S. Robinson, M. RobMr. BARTOW would say, if such an inson, Rix Robinson, Skinner, Soule, Sturevil exists, it is not for want of this clause. gis, Tiffany, Town, WATait, Walker,'Webster? 387 Wthittemore, Williams, Willard, Witherell, put it in the Constitution. It will become WUiodrian, President-G67. thie butt of attack for all the presses of the The ameidmrients iade in committee of United States —for the press to aim their the whole were then concurred in. shafts at-and you will get rebuffs from Sec. 19. The President of the Senate all the presses. They will attack it-they and Speaker of the House of Representa- will tell you it is a failure. You cannot tives (shall receive no additional compensa- carry it into effect. tion in virtue of their offices.) For imy part, I should like to see the Mr. McCLELLAND said, if this amend- whole amendments stricken out. They nehit prevailed, it would be necessaryt to fix are futile and useless, and expose the Conthe compensation for the President of the vention to the ridicule of the press. They Senate. He would move to amend so that cannot be carried out unless a committee it shall read: of printers be. in attendance during the "The President of the Senate and Spea- session. ker of the House shall receive the same Mr. HASCALL-I have listened with per diem and mileage as members of the some attention to the remarks of my brothLegislature, and no more." er of the press from Washtenaw, [Mr. Which was adopted, and the amend- GARDINER,] and find myself obliged to disnent as amended was concurred in. agree with him. He objects that under the Amendments to sections 20 and 23 second clause it will be impracticable to fix were concurred in. the price of bills and resolutions. I can see Section 25, providing that the printing no difficulty. Let the price be computed ordered by the Legislature shall be let by in the usual manner, and divide that by contract to the lowest bidder, and specify- three, and you have the price as conteming the manner of printing, was read. plated by the clause objected to. The Mr. GARDINER moved to strike from process is perfectly practicable and perIhe section sub-divisions 2 and 3, viz: fectly simple. 2. Bills and resolutions shall be done in But the third clause is also objected to, the usual manner, and the price of compo- and is sought to be stricken oita If this be sition shall be one-third that of solid mat- done, all the rest may as well follow; for ter. this clause is the very heart of the whole 3. Blank pages or fractions of pages matter. The improper practices which shall not be Icomputed in the estirate of hlve prevailed in the State in regard to composition, and no charge except for rea- the public printing, have nearly all origiding matter actually set shall be allowed. nated from the want of a provision similar Mr. G. said-My reasons for movino to to the one contained in this clause. The strike out these sub-divisions, are plain gentleman saysit is altering the rule which and easily expressed. The first sub-di- has always prevailed among printers. vision I move to strike out for the reason This is true; but in legislative printing, that it is perfectly useless where it is. The such as we see in our daily journals, many next Legislature may be unable to carry it times more blank space ococurs than in out or estimate what is one-third solid any other kind of printing. Take an exmatter. The usual method, if the Legis- ample; we sometimes have a copy of the lature want itleaded, is to compute it as sol- journal laid upon our table with one printid matter. The clause is an invasion upon ed page and three blank pages. Now, by a practice of printers, which has existed so a rule of printers, these three blank pages long that it has passed into a law among are all counted and charged as reading the craft. matter, actually printed. With respect to the third sub-division, The principle mnay be illustrated in this the Legislature, in order to carry that out, way: A farmrer has an eighty acre lot; in will be obliged to have a committee of one corner of that lot he has standing ten printers during the whole of the session. acres of wheat; he hires a man to cut it; It excludes blank lines, and every thins of and when the man brings in his bill, he that kind, from counting in composition. (the farmer) is surprised to find that he is It is going to operate to the injury of the charged for cutting eighty acres of wheat. craft through the whole of the State, if you'When inquired of as to the principle on vhbich such a charge is founded, the labo- Mr. MOORE had supposed the printers rer answers: "Why, sir, I have had to had fixed it all up. The man taking the walk across your large lot to get at my contract would understand it. Hesaw no labor, and I think I ought to be paid for reason why it should be struck out. it. You, yourself, are to blame for not Mr. GARDINER-I was well aware I having the whole field covered with should meet with opposition from my fiiend whea t. from Kalamazoo, on this subject. But I This, sir, I believe, is a fair illustration. think I am right in the proposition as far Now, had the whole field been covered as these fractional pages are concerned; with wheat, except here and there a vacant and those blank lines. If I were State patch, of small account, he would be right printer I would make it up and print it in in charging for the wvhole area of the field, a solid form; and the Legislature would and his charge would not have been dis- not thank the printer for setting it up in puted. This is the full extent of the mean- such a shape. How would it look? But ing of the rule among printers. But it as to blank pages, this mode of estimating has been said that masons and joiners, and the work of mechanics is not confined to other mechanics make these constructive printers alone. Go to your mechanics-a charges; and in plastering and siding a carpenter for instance. Does he charge building, the space occupied by the doors by the piece only, for the siding he puts and windows are charged for. This is upon your house? Does he not charge in right. But I ask, sir, suppose, upon a wall his measurement for the space occupied by a hundred yards square, ten yards should the doors and windows? A plasterer who have been knocked off, and you should does his work by the piece-does he take employ a mason to patch it up, and he out all the doors and windows when he should bring in a charge for the whole estimates his charge? By no means, sir, hundred yards, would this be submitted There is a difference between mechanical to? I think not. wvork and farming work; and a great deal Sir, our public documents go into the of difference between farming and printing; archives of other States. The manner in between agricultural work and mechanical which they have been printed heretofore, work. It runs through the whole routine has done great discredit to our State. I of business. This is an innovation on the wish to compel State printers hereafter to rule of the mechanical craft, not only in perform their labors in a workmanlike this State, but through all the States. manner, and then to pay them a fair and The gentleman from Kalamazoo says he compensating price. The people will never had an interview with the State printer. I object to pay a just price for any necessa- have seen him, and he talked different to ry labor performed for them. As to the me. But, of what use is that? he will objection, that these restrictions will have probably never take it again. He says he an injurious tendency upon printers is losing money every day. I ask that you throughout the State, I think differently. will not make this innovation-not make When printers at the capital are compelled us a laughing stock to the the press. to do the State work in a proper and work- Mr. N. PIERCE said, he could see no manlike manner, and receive therefor harm in the provisions of the section. It healthy and fair prices, this will have is only a description of the work; it can its influence throughout the State, and make no differenceto the printer. It is not country printers will not be compelled to expected the printer will work for nothing. do work at the miserable pittance which I would say (said Mr. P.) that ancient rules has been bid by State printers, for two or have been done away with. The ancient three years past; and who, in order to live jury system has almost been done away by their contracts, have been compelled to with. He saw no necessity for striking gouge the State in every possible manner. this out; it describes the work, so that the I think, sir, the craft will soon realize the account shall be rendered in a particular benefits of this stable and healthy manner way. It does not affect the pay of the of conducting the public printin. I h;ope printer. thbi. good sense of the Con vent.ion- v ill see The question was taken on striking out the' imnproprietvy of st'iking -out., sub-divisions tJo and three, atnd lost. The 389 amendment made in committee of the measure to raise discussion; nor those opwhole was concurred in. posed. I do not believe that any discussThe'amendments to sections 26 and 27 sion will change a single vote. It is an old. were likewise concurred in. and venerable custom, and ought to be susSection 28 was read. tained; but we only want a silent vote on Mr. McCLELLAND moved to strike out the question., " chaplain or," so that the section should AIr. CHAFPEL said-Mr. President, as read: " They shall have no power to pay a general thin, I am a very quiet and for any religious services in either House." peaceable man; but I am not disposed to MIr. C. said he did not wish the amend- hold my peace, and have this nmat ment of the committee to be concurred in; ter smuggled through,. We came here but if it should, it might exclude a chap- to revise the constitution and do away with lain from the Penitentiary, which he sup- abuses. Take, sir, the last legislative sesposed was not the intention of the Conven- sion of 85 days; it makes i70 days servition. ces in the IHouse and Senate, for services Mr. MASON hoped the amendment of chaplains; it amnounts to some $500. I would not prevail; and that the members ask, what services were rendered to the of the Convention were not prepared to public for that amlount of money? concur in the amendmenl t made in commLit- nThe opening of the session, I admit, does tee. We should be the first State to make not delay business much; it is only four a thrust at the christian religion. The ob- and a half or five minutes daily. The ject of the amendment was to strike out a. time occupied during a session would be part of the section, and he supposed it about fourteen hours. But I ask, sir, what might be proper; but lhe hoped the whole does it cost the State? It will amount to amendment of the committee would be thirty-six dollars for every hour's service; struck out. He saw no reason why the and this to be paid by the State. In the chaplain should be in our Penitentiary and opinion of several delegates, the section is not in the Legislature. He thought they right; but I do not think it is in accordance required a chaplain more in the Legisla- with the wishes of the people. I do not ttre than in the State prison. think it is necessary to pay any person If the principle is to be adopted, it three dollars for five minutes' services. should be made universally applicable — Show me the man that is w illing to pay at in the State prison, the army, in Congress, that rate for the services of the clergy, and and the several State Legislatures. The I will show you a man that would go for principle has obtained ever since the for- the union of church and State. I do not mation of our government, to recognize believe the people of Michigan ask. it. I the principles of religion by having the believe in prayer. I believe it is salutary sessions of Congress and of every State on us as a Christian people. I am wilLegislature opened with prayer, and he ling, in my individual capacity, to do as hoped Michigan would not take the first much as any other gentleman on the substep in doing away with this time honored ject; but when they would smuggle this practice. through the Convention, and appropriate Mr. WOODMAN —Unless some one the sum of thirty-six dollars for prayer, springs the previous question, this matter every hour, I am opposed to it as extraorwill undergo a long investigation. Many dinary compensation for very small servigentlemen will speak on the subject. I ces, and they merely for the benefit of a want to explain my views. As the hour small portion of the community. I am of adjournment has arrived, I move the willing and anxious to pay the clergymen Convention adjourn. who officiate here, out of my own pocket, The motion was lost. rather than make an appropriation out:of Mr. MOOREII do not think it necessa- the public treasury; and I think if we pay ry to take up time in discussing this ques- them a dollar a day, it will be enough. Are tion. I believe members have their minds iwe not patriotic enough to take out of our made up on the subject. I shall go for re- own pockets a few dimes to pay them? storing the original-section. I do notthink Adopt this article in the constitution, it. is..eossary for the friendi s of the and you will have extraordinarily ligh-1118~ ~ ~~~ ~~~ ll~'LI-~1 Li~t tiinded men-men of liberal education- What will be the effect under the present seeking this office. But the politicians will substitute? Does it prohibit the Legislaascertain whether the Methodists, or the ture from employing a chaplain? Not at Presbyterians, or any other denomination, all. I am in favor of having a chaplainy are the strongest, anmd tey will vote ac- but I aim in favor of paying him out of my cordintgly. It will occupy three days ev- own pocket, and not charging it upon the' ery session, before it will be decided who tax payers of the State. Men of integrity, shall open the house with prayer. It is an capacity and standing in the State are op'illegitimate thing, and has cost the State posed to' it. Qore money than any other abuse. When I received a nominmatioi I was Let us cut off this appendage. I think called o'ut on this question, and I distinctit will not injure any conscientious r.ian. ly stated that I was opposed to the enSome worthy men here contend for the ployment of a chaplain in the Legislature, ptinciple without looking at its effect or its to be paid for out of the public treasury; bearing on the State, Some men are dis- and that I would use my influence in this posed to make themselves publicly pious. Convention to have an article inserted in They wish to appear pious all over the the Constitution that should settTe this State. I ask to be placed on a level. I am question definitely. I do not believe that willing to have prayer, and to' pay for it; a m-ajority of the orthodox religious conIbut, sir, I am not willino it should be paid Immuity wish to see the ministers of reli — for out of the public treasury. gion demeaning themselves by soliciting Mr. WAOODMAN-I feel a great deal the members of the Legislature for their of deference for my venerable colleague, votes for the office of chaplain. If we pay though we differ so much in opinion on them ourselves they will not come here to this question. I am sorry to see a dispo- solicit votes for the office. sition to spring the previous question upon If there be a majority of Methodists in it. I am one of those who want to discuss the Legislature, there will be a Methodist the principle before the vote is taken, and chaplain; if a majority of Presbyterians, I was desirous that the afternoon should there will be a Presbyterian chaplain. We be taken for the discussion. have now four different chaplains. Is Sir, it is a great principle that is involv- there anything wrong in that? Why do ed, and it should be well considered before you wish us to pay money for that which it is fixed in the constitution. It is wheth- we are opposed to? We do not wis) to er money shall be taken from the treasury hinder them from employing a chaplain. for religious purposes or not. I am not I think my friend from Monroe does not disposed to be brought in among those seriously think it will prevent a chaplain wlhom my friend [Mr. VYN VALKEn3URGH] being ermployed in the State Prison. would represent as opposed to. religion or Mr. McCLELLAND-The words are religious institutions. I am orthodox in "to pay chaplains." It is probable that it sentiment; but I do not think it right to will exclude the appointment of a chaptax a portion of the people to pay for per- lain to the State prison. sons coming in here to pray. I believe it Mr. WOODMAN-I think the old conis unconstitutional under the constitution of stitution is sufficiently explicit; but they the United States. came here and discussed the matter every I believe it is opposed by clergymen session. I want to put in a clause to say and religious men in the State. A clergy- they shall not pay it out of the public treaman, respectable and high minded, one sury, so as to cut of the whole matter, who stands high in his profession-I will The Convention then adjourned, name him, Mr. Jacokes, of Nortlhvilleexpressed his opinion to me that it ought to be fixed in this constitution that the Legislature should be prohibited from paying Afternoon Session. for the services of a chaplain out of the The Convention was called to order by public treasury; and he was further op- the PRESIDENT. posed to ministers of the gospel being eli- The consideration of the unfinished bugible to State oeffces, siness of the morning was resumed, 391 The question being upon the amend- what has been done with the apportionment proposed by Mr. lMCCELLAND, the ment bill in Congress. Suppose the Legissame was agreed to. lature meets on the 4th day of January, The amendment to the section (28th) with a session of sixty days, they will adwas then concurred in by the following journ as soon as Congress, and may not vote: know what number of representatives has YEAS-Messrs. W. Adams, Alvord, Ar- been apportioned to Michigan. The next zeno, Axford, Barnard, Britain, Alvarado Legislature will have to fix the districts; Brown, Ammon Brown, Asahel Brown, and it may be necessary for the Governor Burns, Bush, Carr, Chapel, Church, J. to call an extra session to make the apporClark, Conner, Cook, Cornell, Crary, tionment. Crouse, Desnoyers, Dimond, Eastman, The amendment prevailed. Eaton, Edmunds, Fralick, Gale, Gardiner, Mr. C [IURCH moved further to amend, Graham, Green, Hanscom, Hascall, Hath- by inserting after the word'January," the away, Kingsley, Kinne, Mosher, Newber- words "in 1852." ry, Mowry, O'Brien, Orr, Redfield, Rob- Mr. C. said he would barely remark that erts, Rix Robinson, Soule, Storey, Sturgis, he would have the Legislature meet in'51 Town, Walker, Warden, Wells, Willard, and'52, and biennial sessions thereafter. Woodman-52. He was certain that a session in'51 and NAYs-Messrs. Anderson, Backus, Bagg,'52 would be required if biennial sessions H. Bartow, Beeson, Butterfield, Chandler, were had afterwards. Choate, S. Clark, Comstock, Danforth, Mr. McCLELLAND-The first objecDaniels, Gibson, H-art, larvey, Hion, tion is, that you elect a year before the LeLovell, Marvin, Mason, McClelland, Mor- gislature meet-another is that the memrison, Moore, J. D. Pierce, N. Pierce, bers should come fresh from the people. Prevost, Robertson, E. S. Robinson, They have long enough time between NoM. Robinson, Skinner, Sullivan, Suther- vember and January to learn how to disland, Tiffany, Van Valkenburgh, Wait, charge their duties when they come here. Webster, White, Whittemore, Williams, Another reason: Casualties may occur beWitherell, President —40. tween the election and the meeting of the The amendments made in committee to Legislature. Another: The Governor sections 29, 32, 33 and 34 were severally would not meet the Legislature for twelve concurred in. months after he was sworn into office, alThe amendment to section 36 being un- though the Legislature have to decide who der consideration, is elected. Mr. McCLELLAND said he was op- The sixth objection is, that influences posed to fixing the firstWednesday of Feb- may be brought to bear on the members ruary as the time for the meeting of the which could not, if elected in the NovemLegislature, except the first session. The her previous to the meeting of the Legisreasons he had assigned before were good lature. now. -The reason why it should be fixed The seventh objection is, that the census to comnience in February the first session, will come wrong if the Legislature meet in,was that Congress may not pass the ap- the same year they now do. porrion-aeat bill till near the close of the The reasons in favor, are: By postposession. It might not be obtained before ning the meeting after the election, you the Legislature adjourned, would enable a member to prepare himMr. CRARY-The apportionment bill self for the duties of his situation. That has fixed the ratio. When we know the has been a great evil-persons uninformed census, that is all we want. coming here. It takes time to learn the Mr. McCLELLAND-We know they rules. Another reason is, as the Governor may change it. would have been in office one year, he Mr. COOK moved to amend by striking' would be better able to give intormation in out "February," where it last occurs, and relation to public affairs. inserting "January" in lieu thereof. Third. The persons.elected in single disMr. McCLELLAND-The session of tricts will mingle with the people, and cornm the Legislature may close before they know fresh from them. Fourth. A provision is made for cas- vention has met at this time. I did not ualties and deaths. wish to see it till after the apportionment of Fifth. They will not be subject to those 1850. If we had met then,.the newcoun — m:-lign influences when they come here, if ties would have taken their business into you elect them a year before; because if their own hands. The radical change we they turn their attention to the matter, they have gone into in the Constitution will rewill be better prepared for legislation, and quire such a change in the laws as cannot will act better than when uninformed, as be made safely, in haste. influences athome will be of no effect. It Mr. COOK —There is another reason is when they come here that they are open in-regard to the election of a United States to temptation. With biennial sessions, you Senator. The term of one of our Senawill be under the necessity of having occa- tors expires in'51. That will be provided sionally an extra session. for in the next Legislature. The terni of But the treasury is running in debt the next will expire in March, 1853. I constantly. There is no money in the would wish to keep them on to the same treasury; it is running in debt for pay- time of election to this office. ing the Convention. It has had to make Mr. BRITAIN-They can elect a year an arrangement with the Phoenix Bank in earlier than usual. New York, for the payment of the interest Mr. COOK-It will be the case in every on the Slate debt, due in July, to the election; their terms will expire in an even amountof $14,000. year. In my opinion (said Mr. McC.) it would Mr. BRITAIN-If it be an inconvenbe impolitic to have a session of the Legis- ience to the State by the election of two lature in 1852. If we have, we must persons eighteen months before the time cease paying interest on our debt, or lay of meeting, how then will it be if the whole an additional State tax; or the members of Legislature be elected some fourteen the Legislature when they come here in months before they meet? There is one 1852, will have to go back without pay. observation of the gentleman from Monroe It will be of more importance to our char- I would notice. He says they will not be acter as a State to go on and pay the inter- coriupted at home; but, sir, may not pubest on our debt, and relieve the people lie sentiment change? and will those perfrom taxation. You may lengthen the sons follow in the train of public sentisession of'a 1 if you please, but I believe ment? I want to see the Legislature fresh sixty days will be sufficient time to enable from the people. Having the Representhem to alter the laws in accordance with tatives elected a short time previous to the the provisions of this Constitution. session will be the best means of securing Mr. CHURCIH-My proposition is to in them the opinions of their constituents, have two consecutive sessions. It had no Mr. BUSH said, sixty days may be reference to the time between a member long enough to revise the laws, in accordbeing elected, and attending in this room; ance with the Constitution, but all experibut in reference to the mass of business ence goes against such a supposition. The that must necessarily be thrown upon the gentleman from Monroe [Mr. MCCLELLegislature by this Convention. The next LAND] is a man of industry, and I think of session is limited to sixty days. Gentle- integrity, but he and his colleagues sat men knowing the usual delays in the be- ninety days, in 1843. In 1842, the Leginning of a session, must know that it gislature sat forty-seven days, and they will not be long enough. The great alte- went home with popularity on their heads: rations made in the Constitution will re- but in three years everything they did was quire corresponding alterations in the laws. repealed. They worked hastily; and in conAnother reason is, provision must be made sequence of that, crude and undigested for our State debt, during the next session laws were thrown upon the people. If of the Legislature. Yon will find, I will you limit the time of the next session, andl venture to predict, that in the session of do not allow them to meet in'52, there'51 there will be more business before the will be crude and undigested legislation, Legislature than can be disposed of. which will cost the State more than the I regret, sir, (said Mr. C.) that the Con- interest on the State debt for one year, I call (said Mr. B.) on the gentleman to see no reason for the change proposed to go in for two dollars a day. You will in be made. If you fix the time for them to that way save the amount to pay the inter- act, I can say from my own experience, est, and the people will be as well served. there is more business done, well or ill, I ask the gentleman to say from his expe- towards the close of the session than in rience, when the Legislature hurried two-thirds of the entire session. The pubthrough, if it was not doubly expensive, lic sentiment requires you to fix the sesfrom the necessity of correcting their crude sions of our Legislature biennially; and legislation. It is the quality and not the unless some overwhelming reasons are quantity of the legislation that ought to given, I shall give my vote in favor of bibe considered. Our statutes must be ennial sessions. changed in every article. When we see It is said we must call the Legislature how much time it takes to fix an article together in'52, because there will not be here, we may judge of the inability to get time in the session of'51 to fix up our through with the mass of business that will laws in accordance with the Constitution. come before them, in sixty days. I would Sir, if you fix forty days, every one will extend it to ninety days, and if necessary be fixed up; and so of ninety days. If reduce the pay to two dollars a day. you retain it as it is, more good will result Mr. N. PIERCE said he saw no occasion than mischief can ensue. Mlost of our laws for holding a session of the Legislature in can be easily adapted to the changes which 1852. They may not be able to get have been made, or will be made in our through all the laws; but the Legislature Constitution, unless some more radical may be called together again if necessary. changes should be made. If it should be Hie (Mr. P.) saw no good reason for chan- found necessary, the Governor can call an ging the policy of biennial sessions. That extra session on his own responsibility; but policy should be pursued which will lessen do not make a promise to the ear and break expense. Sixty days will be long enough. it to the hope. Do not fix biennial sesWe have laws enough to satisfy the people sions, and then call the Legislature togethfor the next ten years, I don't think the er in 1851 and 1852. people can afford to pay for new laws. Mr. S. CLAR-Itt does not involve the They do not want them. principle of biennial sessions. The reason Mr. McCLELLAND said he knew assigned is, that a great amount of legis, when there was no limit to the session of lation will be required on account of the Congress they continued till the dog days, alterations made in the Constitution. I do or till some fatal disease drove them from not consider the argument to be of great the Capitol. In short sessions they did force. But there is another objection arimore business, and did it better and more sing from the length of time between the satisfactory to the public, than when they election and members taking their seats. remained eight or nine months. I would not put, with my consent, any proIn this State the sessions have been pro- vision in the Constitution that shall require tracted; and why? Because the sessions our members of the Legislature to be electwere not limited. Sir, (said Mr. McC.) I ed fourteen months before they take their have never been in a Legislature yet, in seats. On looking back, gentlemen must which we could not have done the busi- come to the conclusion that influences have ness in half the time, if the members had been brought to bear on the Legislature, been so disposed.'With regard to the We have large corporations in the State; proposition of the gentleman from Ingham, if they have not brought influences to bear [Mr. BusH,l I would say, that if I wanted upon the Legislature to promote their own to come here again to the Legislature, I advantages, they may do so; and it would might go for two dollars a day. But I do be improper to allow them to travel through not; and I would say that three dollars a the State for fourteen months to influence day is not too much. Many of our mem- the members. bers would not be paid, if five dollars a day Mr. N. PIERCE-It seems to me the were allowed; but to replenish the treasu- reasoning is all wrong; that if it be danry I would go for it. gerous to elect a man a long time before Mr. BACKUS said-Mr President: I he takes his seat, then it is wrong to elect 99 394 our Senators for a long period. He never forth, Daniels, Desnoyers, Dimond, Eaton, heard of.their being corrupted. Elmun-ls, Gale, G-rdliner, Gibson, GraMr. COOK would ask his friend, [Mr ham. Green, H irt. Hirvey, Hiscall, Haith McCLELLAND,] who was elected to Con- away, Hixon, Kinrsley, Kinne, Lovell, gress one year before he took his seat, if Marvin, Mason, McClelland, Moore, Morin that time he was corrupted? rison, Mosher, Mowry,;Newberrv, Orr, No Mr. S. CLARK-That is not to the Pierce, Redtield, Robertson, E. S. Robinpoint. I would ask if there were not in- son, M. Robinson, Skinner, Soule, Storey, fluences brought to bear in relation to rail Sturgis, Tiffany, Town, Wait, Walker, road interests at the last session of the Warden. Webster, Wells, White, WhitteLegislature? They controlled the public more, Williams, Willard, Witherell, Woodpress and the leading men throughout the man, President-74. State. I would ask if circumstances of The amendment of the committee was that kind might not again occur? and if then concurred in. so, would it be proper to allow them so The amendment made to section 37 was long a time to operate upon members of also concurred in. the Legislature? Seetion 38 being under consideration, Mr. WITHERELL said nine-tenths of Mr. STOREY' submitted the following his constituents were in favor of biennial substitute for the same: sessions. He should endeavor to carry "Sec.:38. The Legislature shall pass no out their wishes. One reason given in fa- law creating or authorizing a State paper, vor of the proposition of having a session but shall provide for the publication of all in'51 and'52, was that in the next session acts of a general nature in afll the newsthey would not have time to adapt the papers of the State, under such regulalaws to the alterations made in the Consti- tions and for such compensation as may be tution. provided by law." There was a proposition which had Mr. EATON asked a division of the struck him forcibly-that this Convention question. should appoint a Commissioner to adapt The yeas and nays being ordered, the laws previous to the meeting of the Mr. STOREY said the subject had been Legislature. If that were adopted, forty fully discussed when under consideration days would be amply sufficient time for the in committee of the whole; he, therefore, next Legislature to continue in session. rose merely to make a statement in regard WVith regard to the pay of members, he to the expense of publication. That mathad been of opinion that two dollars a day ter, he believed, was not well understood. would be sufficient. Two dollars would He [Mr. S.] had examined the acts of last not pay some men for their services; but winter, and found that there were only 40 two dollars would be more than many, and pages of general laws. The compensaperhaps a majority, could earn. He [Mr. tion which the printers would probably be W.] should vote, when the question arose, paid, would perhaps be forty cents per foto reduce the salaries in every practicable lio page. If there were forty papers in form; and the members of the Legislature the State, the publication of the laws in should contribute their mite for the benefit those papers would cost about six hundred of the treasury. dollars. The yeas and nays being ordered upon The cost of the publication of the sesMr. CHRacH's motion, it was negatived: sion laws of 1849 was nine hundred and YEXAs-Messrs. Brown, Bush, Church, forty-three dollars, twenty eight cents; so Crouse, Fralick, Hanscom, Lee, Prevost, that doing away with that mode of publiRoberts, Sullivan, Sutherland, Van Val- cation, and publishing the general laws in kenburgh-12. the several papers of the State, which, with NAYs-Messrs. W. Adams, Alvord, An- biennial sessions, would be once in two derson, Arzeno, Axford, Backus, Bagg, years, there would be an annual saving of Barnard, Beardsley, Beeson, Britain, Al- seven hundred dollars. varado Brown Asahel Brown, Butterfield, Mr. WELLS-What does the gentleman Carr, Chandler, Chapel, Choate, S. Clark, mean by "several?" Comstock, Conner, Cook, Cornell, Dan- Mr. STOREY-It includes the Whole of the papers published in the State. He had education, it was not read by the people. no objection to alter the phraseology if that We have not come here, (said Mr. P.) to term did not fully convey the meaning. change the government, bit to stop the He hoped, atleast, the section would be holes in the old Constiwtiuct-to stop cerstricken out. If it were retailed' in. the tain leaks which the people complain of. Constitution, whatever the exigency of the Mr. McCLELLAND-1 was opposedto case might be, the State could not secure the amendment, and am opposed to this prothe publication of a lawv in a newspalper. position. This article provides that the A division of the question was asked by Legislature shall have the power to pass an Mr. EATON, and the motion to strike out act or general law, and make it take effect was lost by the following vote: immediately after its passage. If we do YEAS-Messrs. Alvord, H. Bartow, not allow the Legislature to publish the Beardsley, Beeson, Church, Crary, East- laws in some other way than in pamphlet man, Elmunds, Gardiner, Gibson, Hans- form, rank injustice may be perpetrated in corn, Hascall, Kingsley, Lee, Lovell, Mic- the State, Our laws are not distributed in Clelland, Roberts, Robertson, Rix Robin. pamphlet form for five or six months after son, Skinner, Soule, Storey, Sutherland, their passage; and unless you have some Van Valkenburgh, Warden, White, Whip- communication with the people of the pie, Williams-28. State, it will be impossible for them to know NAYs-Messrs. WV A dams, Anderson, the laws till they feel, by sad experience, Arzeno, Axford, Backus, Bagg, Barnard, the power of them. Britain, Alvarado Brown, Ammon Brown, I think (said Mr. MeC.) we may trust Asahel Brown, Cart, Chandler, Chapel, this to the Legislature. Much has been Choate, J. Clark, S. Clark, Comstock, Con- spent by their publication in the State paner, Cook, Cornell, Crouse, Danforth, per, but in abolishin that, we should guard Daniels, Desnoyer, Dimond, Eaton, Fra- against what might have a tendency to oplick, Gale, Graham, Green, Hart, Harvey, press the people. If gentlemen want to Hathaway, Hixon, Kinne, Marvin, Mason, abolish the office of State printer, I have Moore, Morrison, Mosher, Mowry, New- no objection; or to confine the publication berry, O'Brien, Orr, N. Pierce, Prevost, of the laws to one paper, or in any other Redfield, E. S. Robinson, M. Robinson, way by which we can communicate to the Sturyis, Town. Wait, Walker, Webster, people the laws, before the publication in Wells, Whittemore, Willard, Woodman, book form. Though I would go for saving President-O60 all we can I would not do any thing The question bring on concurring in the that would injure the people of the State. amendmient made in committee of the Mr. HANSCOM was in favor of striking whole, out; he would leave it to the Legislature. Mr. J. D. PIERCE said it would be one The argument of the gentleman fiom Monof the most singular positions a Legisla- roe should be conclusive on the minds of ture could be placed in. They could make members. The Legislature may pass acts laws, but could make no provision for their which may affect the lives, property and publication, no matter what might be the reputation of every man, and which may circumstances of the State, or however im- go into effect immediately on the signature portant it may be for the bensfit of the peo- of the Governor, and yet we prohibit their ple. It was astonishingo to him that such publication. The gentleman from Calhoun a provision should be placed in the Consti- says he does not read the newspapers. tution. Mr. N. PIERCE-I read a dozen of Mr. N. PIERCE did not understand them. that the laws were not going to be publish- Mr. HANSCOML-Well, he said they ed. because they were not going to be pub- were not read. Sir, there is hardly a person lished in a newspaper. There has been a arrived at the age of a dozen years, large sum paid for publishing in a news- but what reads a newspaper. It is the patper, which hal been of no benefit to most effetual way of getting the people him. If the gentleman could make them acquainted with the laws, having them all read them, it would be very well. When published in the papers. Who reads the the gentleman published a newspaper on laws in book form? It is only general laws that we propose to publish, and they character that would meet the objection at should be published extensively within the a small expense, he would go for it. If State. I supposed it was the object to get not, he would leave it open to the Legislathe people acquainted with the laws as ture. soon as they took effect. There have beenl Mr. BACKUS believed if the section great complaints made among the peo- were left as it came from the hands of the pile that, before they could know the committee of the whole, the Legislature laws, they were repealed. I believe this would consider it imperative to have the should be put a stop to. We should leave whole of she general laws published in to the Legislature at least the power to pamphlet form and published throughout give to the people all the information they the State can through the newspapers, Newspapers publish general intelligence, Mr. HASCALL did not know that it and they will not forego it. They publish would be necessary to publish all the gen- the laws as convenience should seem to oral laws. As a publisher, he had been dictate, and they frequently do not pubcalled upon by the State to publish several lish them for six months after they are acts; those which the people ought to be published in book form. If it be left to acquainted with before they went into ope- the newspapers to publish the general ration, such as tax laws and the one calling laws, it will be found a broken reed. Mathe Convention. There maybe some such ny of the newspapers have a smlall circulaws which it would be proper and neces- ation. sary to publish; but with regard to the On motion of Mr. WALKER, the whole of the general laws, he was not pre- amendment was amended by adding' therepared to say that they ought to be publish- to the following: ed in the papers, "Except for the publication of such genMr. WHIlPPLE-It seems necessary eral laws as are, by the direction of the that some plan should be devised, that the Legislature, to take effect within less than people should become acquainted with the ninety days after the passage thereof." laws. The pamphlet laws are not publish- The amendment made in committee was ed for several months after the close of then concurred in as amended, by the folthe session. But, sir, is it the fact that the lowing vote: laws do not reach the people of the State? YEAs-.Messrs. W. Adams, Arzeno, AxTo whom are they sent? To our State, ford, Backus, Bagg, Barnard, Beardsley, county, and township officers. If I coim- Beeson, Britain, Alvarado Brown, Ammon prehend the force of the argument, the Brown, Burns, Bush, Butterfield, Carr, people must find out what the laws are. Chandler, Chapel, Choate, S. Clark, ConzI know no -way but this: that a person stock, Conner, Cornell, Crouse, Danforth, bound by the laws, must go to our public Desnoyer, Dimond, Eaton, Edmunds, Fraoffices and read them there. Every per- lick, Graham, Green, Hart, HaHascall, Hathson is bound to know the law —the code away, Hixon, Kingsley, Kinne, Lee, Marcivil and crilminal; and he should hiave an vin, Mason Morrison, Mosher, EN. Pierce, opportunity of knowing it. Prevost, Redfield, E. S. Robinson, M. RobHe [Mr. WJ] would not be much fright- inson, Skinner, Sturgis, Tiffany, Town, mned about the expense. If some fair and Walker, Warden, WTebster, Whipple, Wilhonorable principle could be adopted, by liams, Willard, Witherell, Woodman —59. which they could be published, he should NaYs —Messrs. Alvord, H. Bartow, Asago for it. But there mightbea limitation. hel Brown, Church, Cook, Crary, Daniels, It would not be necessary to publish all the Eastman, Gale, Gardiner, Gibson, Hansgeneral laws; there are some of them corn, Harvey, Lovell, McClelland, Moore, which it is not necessary to publish; but Mowry, Newberry, O'Brien, J. D. Pierce, those laws which define the rights of per- Roberts, Robertson, Rix Robinson, Soule, sons-which affect vitally their interests- Story, Sullivan, Sutherlalnd, Van Valkenthat come home to the hearths of our cit- burgh, Wells, White, Whittemore, Presiizens-should we deprive them of the dent-32. means of becoming acquainted with these? Mr. MASON moved to adjourn, but If they would adopt a proposition of some the Convention refi.sed to adjourn, 397 Mr. HANSCOM moved that the article "All general laws shall be published in entitled "Legislative Department" be re- two of the newspapers having the largest committed to the committee on that depart- circulation published in the city of Detroit, ment, with instructions to amend the same and also il the newspaper having the laras follows, and report said article back to gest circulation published at the seat of the Convention forthwith, viz: government of the State." 1. Strike out section 2, and insert in lieu Mr. HANSCOM moved to adjourn; thereof the following: when, by consent, the President announced'"The number ol Representatives shall the following committee, under the resolunot exceed eighty, nor be less than fifty, tion of Mr. WOODMAN, this morning;: to be elected by single districts and for two Messrs. WOODMAN, BACKUS, ROBERTS, years. The Senate shall consist of twen- WILLIAMS, COMSTOCK, WHIPPLE, BUTTERty-four members, to be elected in such FIELD, RIx ROBINSON, KINGSLEY. manner and for such term as may be pre- The motion to adjourn was lost; but afsoribed by law." ter some discussion, on motion of Mr. Ro2. Amend section 3 by striking out the BERTS, the Convention adjourned. following: "Provided, That each county having an organized county government, and the territory attached ther'eto, shall be entitled to TuESDAY, (31st day,) July 16. one Representative," and insert as follows: The Convention was called to order at "Provided, That each county whose orga- half-past seven o'clock, by the PRESIDENT. nization on the first day of January, A. D. PETITIONS. 1851, shall have been perfected by election By Mr. HASCALL: the argument of of county officers, shall be entitled to at Joseph Miller, Jr., and others, members of least one Representative." the Kalamazoo bar, requesting their dele3. Strike out section 5, and insert in lieu gation to use their efforts in favor of an inthereof the following: dependent Supreme Court. "The State shall be divided into Senate Laid on the table. districts; and in the formation of Senate The Convention having arrived at the districts no county shall be divided." order of unfinished business, resumed the 4. Strike out of section 15 the words consideration of "Article -, Legislative "two-thirds," and insert "a majority," Department." where the words occur in the section. The question being upon the motion of 5. Strike out all of section 17, up to and Mr. HANSOOM to re-commit with instrucincluding the word "thereafter, in the 3d tions, it was by consent passed over. line, and insert the following: The question then being on concurring "Compensation of the members of the in the amendment made in the committee Legislature shall not exceed three dollars of the whole, striking out section 39, per day for actual attendance, unless ab- which was as follows: sent by reason of sickness; and after the'-Sec. 39. The Legislature shall have no session of 1851, such compensation shall power to pass any act to grant any license not extend beyond the first sixty days of for the sale of ardent spirits or other inthe session." toxicating liquors as a drink or beverage;" 6. Amend section 20 by striking out the Mr. MASON said he had hoped to words, at the end of the section, "and for hear this question fully discussed. He one year thereafter." did not propose to make a speech himself, 7. Amend section 23 by striking out the but would be glad to hear some of the words "all the members elected to," in friends of the temperance cause give their the 3d and 4th lines of said section. views on the matter. For himself, he was 8. Strike out of section 25 all after the in favor of retaining the section as reportwords "by law," in the 5th line, down to ed in the article, and trusted the Convenand including the word "oath," at the end tion would arrive at the same conclusion. of the 17th line. At the time of the passage of the license 9. Strike out section 38, and insert as laws, he opposed them on the principle follows: that their tendency would be to disturb i00 the peace aed harrm0ony o the cotmmunity, red, and that nothin; short of my amendto create disturbance amoano oci Cy, and to ment will satisfy the friends of reforro exert an undue influence on elections. One of the most powerful causes which The sale of;arlent spirits shoul not be j have opersiteJ. in cilin this Convention regulated by l;a. It' the tra f.( were a ns b(en the public debt, and the oppressgrealt evil, instead of being reitul ted, or ive taxes unllier wlhich we groan; and that even coun enmtnced. by the staitutes ot our nl'man whlo.slhall succesfully propose aremState, it should be prtoiibied. He w;is ely for these evils will but promote the obready to vote for it; prohibition; but if iht- ject of his mizsion here. fiinds of tmptr:n ce could not obtain Now, sir, I propose to prove to this this, they woall tlake whalt a lajority of Convention, thatif thesele-lgdized fountains the members chose to grant. of iniquity which are now sending forth It had been argued against the repeal of their streams of death throughout our the license system, that the income derived St'ate, prostrating in their course all that is from it in Detroit was large. Members fair and lovely, and of good report, can be ought not to be influenced by any consile- dried up; if these streams which are now ration of that kindl in vo'ing on the qued- sweepingo over the land, exhausting its retion., It w ts the price of blool, ian on -ources, multiplying the widows and the the same principle brothels, gambling fttherless, spreading desolation and dehouses, lotteries, or any other vice in cor- struction in their course, can be stayed, and munity, could be licen