Printed by order of the Convention, under the supervision of JOHN SWEGLES, JR., PRINCIPAL SECRETARY OF TIlE CONVEN*TION. cIR'OM8 iC LANSIN G: R W. INGALS, STATE PIt.ITR 185Q, UtJ~tLa ok S II $ 4; \ C "fl $ I $. I ~ 0 JOURNAL OF THE CONVENTION. Lansing, Monday, June 3, 1850. Pursuant to the provisions of law, the delegates elected by the, people to revise the Constitution of the State, met in convention at the Capitol, at Lansing, at 2 o'clock P. M., and were called to order by the Hon. Charles H. Taylor, Secretary of State, who called the roll of delegates by counties, and the following answered to their names: Allegan-Oka Town. Barry-Joseph W. T. Orr. Berrien-Calvin Britain, Jacob Beeson, Charles W. Whipple. Branch-Wales Adam, Alvarado Brown, Asahel Brown. Calhoun-Isaac E. Crary, Milo Soule, William V. Morrison, John D. Pierce, Nathan Pierce. Cass-George Redfield, Mitchel Robinson, James Sullivan. Chipp~wa-Elijah J. Roberts. Clinton-David Sturgis. Eaton-Charles E. Beardsley, John D. Burns. Genesee-John Bartow, Elbridge G. Gale, Dewitt C. Leach. Hillsdale-John P. Cook, Daniel Kinne, John Mosher. Ing/am-Charles P. Bush, Ephraim B. Danforth. Ionia-Henry Bartow. Jackson-Robert H. Anderson, John L. Butterfield, Jerry G. Cornell, Elisha S. Robinson, Wilbur F. Storey. Kalamazoo-Hezekiah G. Wells, Samuel Clark, Volney Hascall. 1 JOURNAL OF THE CONVENTION [June 3, Kent and Ottacua-Rix Robinson, Thomas B. Church, Timothy Eastman. Lapeer-Noah H. Hart, Jonathan R. White. Lenawee-Addison J. Comstock, Alexander R. Tiffany, Peter R. Adams, Charles Chandler, George C. Harvey, Nelson Green. Livingston-Daniel S. Lee, Robert Crouse, Robert Warden, Jr., Ely Barnard. Michilimackinac-Wm. Norman McLeod. MCacomb-Dewitt C. Walker, Charles W. Chapel, Andrew S. Robertson. M!Ionroe-Robert M3cClelland, Alexander M. Arzeno, Emerson Choate, Henry B. Marvin. Oakland-James Webster, Alfred H. Hanscom, Seneca Newberry, Jacob Van Valkenburgh, Ebenezer Raynale, Gideon O. Whitte. more, William Axford, Zebina M. Mowry, Elias S. Woodman,b Saginaw-Jabez G. Sutherland. St. Clair-John Clark. St. Joseph-William Connor, Joseph R. Williams, Edward SY Moore. Van Buren-Isaac W. Willard. Washtenaw-James Kingsley, Elias M. Skinner, Earls P. Gardi ner, Daniel Hixon, Morgan O'Brien, William S. Carr, Benjamin W. Wait. Wayne-Daniel Goodwin, Benjamin F. H. Withlerell, John Gib son, Ammon Brown, Henry J. Alvord, Henry Fralick, Peter Des noyers, Henry T. Backus, Joseph H. Bagg, Ebenezer C. Eaton. On motion of Mr. Kingsley, of Washtenaw, Isaac E. Crary, of Calhoun county, was appointed President pro temnpore. On motion of Mr. Hanscom, of Oakland county, D. P. Bushnell, of Wayne county, was appointed Secretary pro tempore. On motion of Mr. Raynale, of Oakland county, Diodate Hubbard, of Oakland county, was appointed Sergeant.at Arms pro tempore. Mr. Kingsley moved that the Convention proceed to ballot for a President. 41 1850.] TO REVISE THE CONSTITUTION. Mr. Hanscorn moved that the Convention elect a President viva C 0e. Mr. McLeod moved to lay the motion of Mr. Ilanscom on the ta ble. Lost. The question was then taken on said motion, and the same was not agreed to. Mr. Flavius J. Provost, delegate elect from the county of Shia wasse, presented his credentials and look his seat. The Convention then proceeded to appoint a President by ballot, as provided by law. MIessrs Storey, of Jackson county, and Hanscom, of Oakland, hav ing been appointed tellers, The ballots being counted, the following was the result: For Daniel Goodwin, 7. " H. T. Backus, 3. C. W. Whipple, 2. J. R. Williams, 3. D. C. Walker, I. I. E. Crary, 2. B. F. H. WVitherell, 1. H. G. Wells, 1. N. Pierce, 1. W. F. Storey, 1. The president pro aem. announced that Daniel Goodwin of Wayne county, having received the highest number of votes, was duly aptwilted President of the Convention. On motion of Mr. Whipple, of Berrien County, A committee of two was ordered to be appointed to wait upon the President elect to the chair. The President pro tempore appointed Messrs. Whipple, of Berriecn, and McClelland, of Monroe, such committee. The Presidernt having been conducted to the chair, addressed the Convention as follows: Gentleme,n of the Convention: I tender to you my sincere thanks for the flattering expression of your confidence in selecting me to preside over your deliberations upon this interesting occasion. When I look around this Hall, and 3 JOURNAL OF THE CONVENTION behold congregated here so'much of ability, of intelligence, and of experience in public affairs-so many who have occupied various stations in different departments of public service, with honor to themselves and usefulness to their fellow citizens; and when I consider further the importance of the objects for which we are convened, I cannot but be impressed with deep sensibility for the distinguished honor conferred. The best requital which I can make will be in the devotion of my best powers to the faithful and impartial performance of the highly responsible duties of the station. This I shall endeavor to do in all sincerity. And though I do not bring to the task great familiarity with parliamentary proceedings, yet with the aid (which I doubt not will be kindly and generously accorded) of the knowledge and experience that pervade this assembly of representatives of enlightened and free citizens, it is my hope that I shall be enabled so to fulfill it as to meet your approbation. In conclusion, allow me to express the fervent desire, that our deliberations may be so guided by that All-Wise Being, in whose hands are the destinies of States and Nations, that their results may tend to establish the more firmly and permanently those benign principles of civil freedom and popular sovereignty upon which our institutions are based, and promote in the highest degree the prosperity of our State and happiness of our people. On motion of Mr. Cook, of Hillsdale county, it was Resolved, That John Swegles, jr., be and he is hereby appointed Secretary of this Convention. Resolved, further, That Horace S. Roberts and Charles Hascall be and they hereby are appointed Assistant Secretaries of this Conven tion. Mr. Hanscorn offered the following resolution: Resolved, That the rules of thire last House of Representatives of this State be adopted, so far as the same are applicable, for the government of the proceedings of this Convention, until otherwise or dered. Agreed to. Mr. Roberts, of Chippewa county, offered the following: Resolved, That David Hubbard, jr., be and he is hereby appointed Sergeant.at-Arms of this-Convention. Agreed to. 4 (Ju'ne 3, 1850.] TO REVISE THE CONSTITUTION. Mr. Kingsley offered the followig: Resolved, That a committee of seven be appointed to prepare rules for the government of this convention in its proceedings. Agreed to. The President announced that Messrs. Kingsley, Britain. McClelland, Tiffany, Backus, Walker and Hanscom would constitute such committee. Mr. Crary offered the following: Resolved, That the President of this Convention appoint a doorkeeperand four messengers. Mr. Fralick, of Wayne county, moved to strike out the words "doorkeeper and." Lost. The question was then taken on the resolution of Mr. Crary, and the same agreed to. Mr. McClelland offered the following resolution: Resolved, That a committee of nine be appointed by the President of the Convention to report as to the best mode of proceeding to the revision of the Constitution of the State. Adopted. Mr. Cook offered the following: Resolved, That there be printed for the use of the Convention 500 copies of the daily journal. Mr. Redfield, of Cass county, moved to strike out 500 and insert 1000. Agreed to, and the resolution as amended was adopted. Mr. Cook also offered the following: Resolved, That the daily sessions of the Convention shall -commence at 9 o'clock, A. M., until otherwise ordered. Adopted. Mr. lascall, of Kalamazoo county, offered the following resolu tion: Resolved, That the members of the Convention now go into a draft for their respective seats. Which, the yeas and nays being ordered thereon, was lost as fol lows: YEAS. M. r. Dimond, Gale,* 5 Mr. Axford, Backus, Mr. Newberry, O,]3ri,on, 'JOURNAL OF THE CONVENTION [June 3, Gardiner, Green, Hascall, AHixon, Kingsley, Kinne, Leach, Lovell, Mason, McLeod, Moore, Mowry, NAYSo Mr. Danforth, Desnoyers, Eastman, Eaton, Fralick, Gibson, Hanscorn Hart, Harvey, Lee, Marvinl, McClelland, Morrison, cMosher, Raynale, Cr. W. Adams, Alvord, Anderson, Arzeno, Barnard, J. Bartow, Beeson, Alvardo Brown, Asahel Brown, Butterfield, Chapel, Choate, Church, Comstock Cook, Crouse, lr. Britain, of Berrien county, offered the following: Resolved, That the State Printer be instructed to forward by maii, one copy of the daily journal to the publishers of each newspaper in this State, during the session of this Convention. Adopted. Mr. Storey, of Jackson, offered the following, which was adopted'; Resolved. That a committtee of three be appointed by the Presi dent, to inquire into the propriety of securing the services of three reporters, to report the proceedings and debates of this Convention. Mr. Butterfield, of Jackson county,offered the following: Resolved, That the Secretary of the convention be instructed to procure papsers equal to one daily for each delegate, of such papers as each delegate shall direct. Lost. Mr. Hanscom, of Oakland county, offered the following: Resolved, That a committee of three be appointed to ascertain and 6 ; Orr, N. Pierce, Prevost, II Roberts, E. S. Robinso Town, Wait,' Wells, WhiI pple, Williams, Willard, I President,' I -Balgg, .H. Bartow, Britain,' Ammon Brown, Burns, Busb, I Carr, J. Clark, -,;, S. Clark, Conner, Cornell, Crary, 4 2 Mr..Redfield, M. Robinson, I Rix Robinso,ii, RobertSO,D, Skinner, Storev, Sullivan, S,utherland, I TiffaDy, Van Valkenbur g, Walk'erI W [lite, Whittemore, Witherell,' Warden, 45 0 1850.] TO REVISE TH CONSTITUTION. report to this convention what a'angement, if any, caas be made ill reference to newspapers and postage. Which resolution was adopted, and Messrs. -lanscom, Danforth and Britain were appointed such committee. Mr. Crouse, of Livingston county, offered the following. Resolved, That the commitee on rules be required to cause the rules which this convention shall adopt to be printed in the form of a manual, embracing the present constitution of this State, together with other like information which appears in the manual of the legis. lature of A. D. 184..' Which, on motion of Mr. Witherell, Was laid on the table. MIr. White, of Lapeer county, offered the following: Resolved, That there be a committee of five appointed by the chair to furnish the members of this convention with stationery. MIr. Cook moved to amend the resolution so that the amount to be furnished each member should not exceed five dollars. On motion of Mr. Hanscom, The resolution and amendment were ordered laid on the table. MIr. Whittemore, of Oakland county, offered the following: Resolved, That a committee of three be appointed to furnish for the use of this Convention such stationery as is allowed by law. Which was ordered laid on the table, When, on motion of Mr. J. D. Pierce, The Convention adjourned. Lansing, Tutesday, June 4, 1850. The Convention met pursuant to adjpournment and was called to order by the President. The roll was called by the Secretary, and a quorum found to be present. The journal of yesterday was read and approved. The President announced the following committees appointed un. der resolutions of yesterday: Committee on resolution as to reporters-Messrs. Story, Church and Wells. 7 JOURNAL OF THE CONVENTION [June 4, Committee on resolution as to the mode- of proceeding,- &c.Messrs. McClelland, Crary, S. Clark, Tiffany, Williams, R. Robinson, Whittemore, Walker and Witherell. Mr. Van Valkenburg offered the following resolution: Resolved, That a commnittee of two be appointed to invite the res ident clergymen of this place to meet with us alternately and open our daily sessions with devotional exercises. Mr. Roberts moved to lay the resolution on the table. Which motion was lost. The resolution was then adopted by yeas and nays, as follows: YEAS: Mr. Cornell, Crouse, Danforth, Desnoyers, Eastman, Fralick, Gardiner, Gibson, Green, Hart, Harvey, Hascall, Hixon, Kingsley, Kinne, Leach, Lee, Lovell, Marvin, Mason, McClelland, Mowry, O'Brien, Orr, Mr. P. R. Adams, W. Adams, Alvord, Anderson, Backui, Bagg, Barnard, J. Bartow, Beardsley, Beeson, Britain, Alvarado Brown, Asahel Brown, BIjrns, Bush, Butterfield, Carr, Chandler, Choate, Church, J. Clark, S. Clark, Comstock, Conner, Cook, NAYS: Mr. Gale, Hanscom, McLeod, Newberry, Raynale, Mr. Arzeno, Axford, rAmmon Brown, Chapel, Crary, Eaton, The President announced as such committee, Messrs. Van Valk ~~~~enburi~g and J3. D. Pierce. enburg and J. D. Pierce. 8 lir. J.. D. Pierce, N. Pierce Prevo'st, E. S. Robinson, M. Robinson, Rix Robinson, Soule, Storey, Sturgis, Sutherland, Tiffany, Town, Van Valkenburg, Walker Webster, Wel'is, White, Whipple, Whittemore, Witherell, Warden, President, 73 Mr. Roberts, Robertson, Williams, Willard, Woodman, 16 1850.] TO REVISE THE CONSTITUTION. Mr. Roberts offered the following resolution, which was unanimously adopted: Resolved, That the thanks of this Convention be tendered D. P. Bushnell, Esq., for the able and courteous manner in which he has performed the duties of Secretary pro tempore. On motion of Mr. Roberts, Resolved, That a committee of three be appointed to make arrange. ments for the raising of the national flag at the hour of the opening of the daily sessions of this Convention. And the President appointed Messrs., Roberts, Bush, and Willard, such committee. On motion of Mr. Witherell, Resolved, That his Excellency, the Governor, be invited by the President to take a seat within the bar of the Convention during its session. Mr. McClelland offered the following, which was adopted: Resolved, That the committee relative to reporters, &c., inquire into the propriety of having the proceedings of this convention published in the German, Dutch and French languages. Mr. J. D. Pierce called up the following resolution, laid on the table yesterday: Resolued, That a committee of three be appointed to furnish for the use of this Convention such stationery as is allowed by law, and the officers such stationery as they may require. Mr. Crary moved to amend the resolution by adding: "Provided the allowance to each member do not exceed the sum of five dollars."' Mr. Fralick moved to amend by striking out "five," and inserting "three." And the question being taken first upon striking out, the same was not agreed to. Mr. Hanscom moved to lay the resolution on the table. Which motion did not prevail. The question being taken upon Mr. Crary's amendment, it was agreed to. On motion of Mr. Story, The resolution was further amended by striking out "committee of three," and inserting "committee on supplies, when appointed." 2 9 $ JOURNAL OF THE CONVENTION [ And the resolution as amended was then adopted. Mr. Story'offered the following resolution: Resolved, That the Secretary be instructed to procure — copies of a work containing the Constitutions of all the different States, for the use of this Convention,. Mr. Witherell moved to fill the blank with "20," Mr. Bagg moved to fill the same with "100.,' Mr. Story offered the following substitute: Resolved, That the Secretary procure a sufficient number of copies of a work containing the Constitutions of all the States, for the use of each of the standing committees, and that at the end of the session they be deposited in the State Library. When, on motion of Mr. Fralick, The resolution and substitute were laid on the table. The President announced the following communication fiom the Secretary of State: -OFFICE OF - THE SECRETARY OF STATE, Lansing, June 4, 1850. Hlon. DANIEL GOODWIN, President of the Convention to rerise the Constitution: In compliance with the requirements of Joint Resolution No. 19 of the session laws of 18)0, I have the honor to transmit herewith an abstract of the reports of the county clerks of the several counties relative to the expenses of the circuit and county courts of this State, so far as the same have been received at this office. The Joint Resolution above referred to also required of me a further report "of the whole expenses of courts and officers in the year 1846."' 1 have made thorough search and have been unable to find any reports or documents in this office giving the information de. sired. Very respectfully, yours, C. HI. TAYLOR, Secretary of State. On motion of Mr. Cook, The accompanying papers were laid on the table, and 500 copies ordered printed for the use of the Convention. Mr. Kingsley, from the committee on rules, reported the following, which, 10 [June 4, t, 195o.] TO REVISE THE CONSTITUTION. On motion of Mr. Cook, Was laid on the table and ordered entered on the journal: RULES OF THE CONVENTION. RULE 1. The President shall take the chair at the time to which the Convention stands adjourned, and the Convention shall then be called to order and the roll of the members called. RULE 2. Upon the appearance of a quorum, the journals of the preceding day shall be read by the Secretary, and any mistake therein may be corrected. RULE 3. The President shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the Convention. RULE 4. The President shall vote on all questions taken by yeas and nays, (except on appeals from his~own decisions.) RULE 5. WVhen the Convention adjourns, the members shall keep their seats until the President announces the adjournment. RULE 6. Every member, previous to his speaking, shall rise firomr his seat, and address himself to the President. RULE 7. When two or more members rise at once, the President shalIl designate the member who, is first to speak. RULE 8. No member shall speak more than twice on the sane question, without leave of the Convention, nor more than once until every member who chooses to speak, shall have spoken. RULE 9. No motion shall be debated or put, unless the same be seconded; it shall be stated by the President before debate, and atsuch motion shall be reduced to writing. RULE 10. After a motion shall be stated by the President, it shall be deemed to be in possession of the Convention; but may be withdrawn at any time before decision or amendment; but another member may renew the same. RULE 11. When a question is under debate, no motion shall be received but to adjourn; for the previous question; to lay on the ta. ble; to postpone indefinitely; to postpone to a day certain; to commit or to amend; which several motions shall have precedence in the order in,which they stand arranged. RULE 12. A motion to adjourn shall always be in order; that and the motion to lay on the table shall be decided without debate. l'i 12 JOUTNAL OF THE CONVENTION [June 4, RULE 13, The previous question shall be.in this form: "Shall the main question be nlw put?" And if demanded by a majority of the members present, its effect shall be to put an end to all debate, and bring the Convention to a direct vote upon amendments, if any are pending, and then upon the main question. RULE 14. All incidental questions of order, arising after a motion is made for the previous question, during the pendency of such motion, or after the Convention shall have determined that the main question shall be now put, shall be decided, whether on appeal or otherwise, without debate. RULE 15. Petitions, memorials and other papers, addressed to the Convention, shall be presented by the President, or a member in his place. RULE 16. Every member who shall be present when a question is last stated from the Chair, arind no other, shall vote for or against the same, unless the Convention shall excuse him, in which case he shall not vote. RULE 17. When the President is putting the question, no member shall walk out or across the House; nor when a member is speaking, shall any person entertain any private discourse, or pass between him and the Chair. RULE 18. If the question in debate contains several points, any memberxmay have the same divided. RULE 19. A member called to order, shall immediately sit down unless permitted to explain, and the Convention, if appealed to, shall decide the case; if there be no appeal, the decision of the Chair shall be submitted to; on an appeal, no member shall speak more than once, without leave of the Convention, except when a member is called to order ior offensive language, in which case there shall be no debate. RULE 20. In forming a committee of the whole, the President shall appoint a chairman to preside. RULE 21. Propositions committed to a committee of the whole, shall first be read through by the Secretary, and then read and debated by clauses. All amendments shall be entered on a separate piece of paper, and so reported to the Convention by the chairman, standing in his place. Of 1850.] TO REVISE THE CONSTITUTION. RULE 22. All questions, whether in committee or in the Convention, shall be put in the order they were moved, except in the case of privileged questions; and in-filling up blanks, the largest sum and the longest time shall be first put. RULE 23. No' motion for reconsideration shall be in order, unless within three drys after the decision proposed to be reconsidered took place. A motion for reconsideration being put and lost, (except in case of privileged motions,) shall not be renewed on the same day, nor shall any subject be a second time reconsidered on the same day without unanimous consent. RULE 24. Any member may be at liberty to move for a reconsid eration; and a motion for reconsideration shall be decided by a majority off votes. RULE 25. The rules of the Convention shall be observed in committee of the whole, so far as they may be applicable, except that the yeas and nays shall not be called, the previous question enforced, nor the time of speaking limited. RULE 26. A motion that the committee rise shall always be in order, and shall be decided without debate. RULE 27. In all cases where an order, resolution or motion, shall be entered on the journals of the Convention, the name of the member moving the same shall be entered on the journals. RULE 28. No person, unless introduced by a member, shall be ad. mitted within the bar, but the Executive, the heads of departments of the State Government, Judges of the Supreme Court, members of Congress, those who have been members of Congress, of the State Convention forming the Constitution, of the State Legislature, or of the Legislative Council when Michigan was a Territory, and such other persons as the President shall, on application, assign places as stenographers. RULE 29. On the meeting of the Convention, after reading the journal of the preceeding day, the order of business shall be as follows: 1st, presentation of petitions; 2d, reports of standing co'mmittees-reports of select commiitees; 3d, motions, resolutions and notices; 4th, reading resolutions; 5th, unfinished busihess of the preceding day; 6th, special orders of the day; 7th, general orders of the day. 13 14 JOURNAL OF-THE CONVENTION [June 4, RULE 30. When the Convention have arrived at the general orders of the day,- they Shall go into committee of the whole upon such orders, or a particular order designated by a vote of the Convention; and no other business shall be in order until the whole are considered or passed, or the committee rise; and unless a particular subject is ordered up, the committee of the whole shall consider, act upon, or pass the general orders, according to the order of their reference. RULE 31. No rule of the Coinvention shall be suspended, altered or amended, without the concurrence of two-thirds of the members present. RULE 32. Upon the call of the Convention, the names of tine mnembers shall be called by the Secretary, and the absentees noted; but no excuse shall b)e made until the Convention shall be fully called over; then, the absentees shall be called over the second time, and if still absent, excuses are to be heard; and i!f no excuse, or insuficient excuse be made, the absentees may, by order of those present, if there are fifteen members present, be taken into custody, whereever to be found, by the Sergeant-at.-Arms. RULE 33. The President may leave the chair and appoint a men)ber to preside, but not for a longer time than one day, except by leave of the Convention. RULE 34. The rules of parliamentary practice comprised in Jefferson's Manual, shall govern the Convention in all cases to which they are applicable, and in which they are not inconsistent with the standing rules and orders -of the Conventiota RULE 35. The ayes and noes may be called for by ten members. RULE 38. A majority of the members elected shall constitute a quorum for the transaction ef business; but a less number may adjotlrn. RULE 37. A journal of the proceedings in committee of the whole shall be!kept. The President announced to the Conventioa the following appointments under the,resolution of yesterday: For Door-keeper-Edwin C. Merrifield. For Messengers-Moses Goodridge, Daniel Bloss, William C. Stockton, Charles E. Toan. On motion of Mr. Cook, the Convention adjourned. 1850.] TO REVISE THE CONSTITUTION. Lansing, W ednesday, June 5, 1850. The Convention met pursuant to adjournment and was called to order by the President. Prayer by the Rev. W. W. Atterbury. Hon. Ebenezer Daniels, of Lenawee county, appeared and took his seat. The roll being called; there was found absent Messrs. Graham, Edmunds and Hathaway. Mr. Leach moved to dispense with the reading of the journal. Which motion was lost. The journal was partly read by the Secretary, when, On motion of Mr. J. Bartow, The futther reading of the same was dispensed with, and the journal corrected and approved. The President announced to the Convention, that, in pursuance of a resolution of yesterday, his Excellency, the Governor, had been invited to take a seat within the, bar, and had accepted the same. REPORTS. Mr. McClelland, from the committee on resolution as to mode of proceedings, &c., submitted the following: 1. A committee of seven, on the bill of rights. '2. do do five on the elective franchise, 3. do do five on the division of the power of the gov ernmnent. 4. do - do nine on the Legislative department. 5. do do nine on the Executive department. 6. do do nine on the Judiciary department. 7." do do five" on State officers, except the Executive. 8. do do seven on county officers and county govern ment. o. do do seven on township officers; and townshi)p gov ernment 10 do do five on the organization and government of cities and villages. 11. do do five on impgachments and removals from office. 12. do do seven on the militia. 1& do do nine on education. 14. do do nine on finance and taxation. 15 JOURNAL OF THE CONVENTION [June 5, 15. A committeeof nine on,banking and corporations other than municipal... do seven on salaries. do five on the seat of government. d do seven on exemptions, real and personal, and the rights of married women. - do seven on the punishment of crimes. do seven on miscellaneous provisions. do five on the mode of amending and revising the constitution. 22. do do seven on the schedule. 23. do do eleven on arrangement and phraseology of the constitution. By consent of the Convention, the report was laid on the tabl;e. Mr. Story, from the committee appointed to inquire into the pro. priety of employing competent persons to report the proceedings of this Convention, submitted a report and resolutions, and On motion of Mr. Crary, The same were accepted and the committee discharged. On motion of Mr. Danforth, The report was laid on the table and the accompanying resolutions ordered placed upon-the journals, as follows: Resolved, That C. J. Fox, Joseph Coates and William Coates, be and they are hereby appointed Reporters to this Convention, with a per diem allowance of three dollars each. It shall be their duty to make full and minute reports of the proceedings and debates of this Convention, and to furnish such reports, legibly written, to the State Printer, from day to day, as soon as possible after such proceedings and debates transpire. Resolved, That there be printed in octavo form, in bourgeois type, for the use of the members of this Convention, one thousand copies of the proceedings and debates, as furnished by the Reporters; such proceedings and debates to be delivered to the members in sheets as fast as printed. Resolved, That there be printed in book form, upon the same type used in printing the sheets. provided, fr in the foregoing resolution, (without any extra pay for composition,) one thousand copies of the . 16 16. 17. is. do do do do do do 19. 120. 21. 1e5.] ~TO R I-EVISE THE CONSTITUTION., proceedings and debates of this Convention; and that such books be bound in leather, and distributed" as follows, to-wit: One copy to be transmitted to the Secretary of State of the United States; one copy to the Library of Congress; one copy to the Secretaries-of State of each of the States and Territories in the Union;,. one. copy to each of the Sate Institutions in this State; one copy to each of the Judges of a court of record in this State; one copy to each of the members ,and officers of this Convention; one copy to eachof the town clerks -in this State, to- be deposited in the town Libraries; ten copies tobe de)posited in the State Library, and one copy in each of the State offices; and the remainder to be deposited in the office of the Secre-tarvy of State for transmission to tbe town clerks of such new towns as may be hereafter organized. Resolved, That the printing praided for in the -forgoing resolu tions shall be done under the supervision of the committee on prit,ng. On motion of Mr. -Cook, - The report of the cotnmmittee on rules was taken from the table, and the convention resolved itself into committee of the whole on the same,- - Mr. HIlanscom in the chair. And after some time spent thereon, rose and reported the same back to the'Convemtion with amendments, amnd asked the concurrenlce of the Convention therein. On motion of Mr. Cook, The amendments were concurred in in gros, with the exception of that to the 23d rule.. The 23d rule being under consideration, Mr. Walker offered the following substitute for the samre: " Motions for reconsideration shall be in order at any time withita three days after the decision proposed to be considered took place. But a motion for reconsideration being put and lost, (except in case of privileged motions,) shall not be renewed on the same day, nor —shall any subject be a second time reconsidered on the same dav vithout a vote of two-thirds." On which,the yeas-and nays were ordered, when .3 17 JOURNAL >OF. TaHEi CONVENT[,ON [Jlune'5 Ohi motion of Mr. McClelland, ~ The orinal- and substitute were laid on the table. Mr. J. Clark called up the report of the-committee on resolution as to mode of proceedings, &c. Mr. J. D. Pierce moved to amend by combining the committees numbered 8 and 9, and that the committee consist of nine delegates. Which motion was lost. The report of the committee was,then adopted. Mr. Hanscom, from the committee appointed pursuant to the resolition relative to postage and newspapers, asked and obtained leave to report: That upon conferring with his Excellency, the Governor, they learned that there was, by an act of the last legislature, placed in his hands, as part of the contingent fund, the sum of five hundred dollars, for the purpose of employing or retaining a private secretary until after the close of this Convention. That he had dispensed with the services of a private secretary, and consequently the sum ot $500, designed for payment for the services of such officer, was now in the contingent fnd, and that he would use such sum for the payment of such postage as might be directed by the Convention. The committee would fulirther beg leave to state, that under the construction given to the law under which the Convention is organized, by the Auditor Genieral, that officer would not feel himself aluthorized to draw a warrant upon the Treasurer upon the certificate of the Secretary and President of the Convention, for postage or other contingent expenses other than those specially contemplated by the terms of the act. Upon the subject of newspapers, the committee have been informed by the-proprietors of the Detroit Free Press and the Advertiser, that they will furnish such papers as the Convention may direct, under the recommendation of the Convention to the next Legislature to make an appropriation to pay for the same. It is perhaps proper in conclusion to state that at the time of the appropriation to the contingent fund above referred to, the'Governor had in his employ as private secretary, Mr. Horace S. Roberts, a gentleman eminently qualified for the performance of the duties, and whose services were only dispensed with from considerations of I,$ i-850.] TO REVISE THE CONSTITUTION. economy; the Governor preferring to perform his own appropriate duties, and also those devolving:upon that officer, rather than impose additional burthens upon the treasury. All of which is respectfully submitted. The report was accepted, the committee discharged and the report laid on the table. On motion of Mr. Storey, The first resolution relative to Reporters of the Convention, was taken from the table, and the same was~adopted. Mr. Hanscom offered the following resolution, and the same was agreed to: Resolved, That there be added to the standing committees of the Convention, one on supplies and expenditures, to consist of five members. On motion of Mr. Hanscom, The subject of postage and newspapers was referred to the committee on supplies and expenditures. On motion of Mr. Roberts, The Convention then adjourned. Lansing, Thursday, June, 6, 1850. The Convention met pursuant to adjournment and was called to (irder by the President. Prayer by the Rev. Mr. Sapp. Hoin J. M. Ednmunds, of Washtenaw county, appeared and took his seat. The roll being called, the delegates answered to their names with the exception of Messrs. Graham and Hathaway, absent. (On motion of Mr. Leach, The reading of the journal was dispensed with, and the same was corrected and approved. The President announced the following committee on supplies and expenditures: Messrs. Hanscom, I)anforth, Beeson, Chapel and Eaton. 19 JOURNAL OF THE CONVENTION [June 6, REPORTS. Mr. Hanscom presented the following: The committee on supplies and expenditures, recommend to the Convention the adoption of the following resolutions. Resolved, That the committee on supplies and expenditures be and they are hereby authorized and required to procure for the use of the Convention an amount of such stationery as will be required, not ex. ceeding in value three hundred dollars, and that the same be delivered to the respective members and officers, under the direction and supervision or the Secretary of the Convention, and an account kept of the amount delivered to each member and officer of the Convent tion, and that if, after thle adjournment of the Convention, any portion of the same should be unappropriated, the same shall be delivered by the Secretary of the Convention to the Secretary of State for the use of the state. Resolvfd, That the Secretary of the Convention be required to order for the members ef this Convention suclh newspapers as they may direct, not exceeding two dailies for each, during the setting of ihe Convention, and that this Convention recommend that the next legislature make an appropriation to pay therefor. Resolved, That all postage on mailable matter (not exceeding the sum of five hundred dollars) received or sent, except letters sent by members of the Convention, be by the Post Master of this village charged to the Cenvention, and that his Excellency, the Governor, be and is hereby requested to pay such sum to said Post Master, upon the tcertificate of the Secretary of the Convention countersigned by the President, as may be due for postage, not exceeding said surn of $5~0; and that the Post Master be required to keep an account with each member of the Convention. The report was accepted, the committee discharged and the resolations laid on the table. Mr. Van Valkenburg, from the committee appointed to invite resi dent clergymen to officiate at the opening of the daily session of the Convention, reported that they had performed that duty, and th committee was discharged. 20 1850.] TO REVISE THE CONSTITUTION. RESOLUTIONS. Mr. Gardiner offered the following, which was adopted: ResoZved, That a standing Committee of five be appointed to superintend the printing to be done for this Convention, to be called the committee on printing. The President appointed Messrs. Gardiner, Hascall, Church, Roberts and Bush such committee. Mr. Storey offered the following Resolved, That the State Printer be instructed to print an edition of 250 copies of the daily official journal of this Convention, in book form, for binding; and that he be instructed to print a like number of all reports of committees for binding. Resolved, That the contractor for doinig the binding for the State, be instructed to bind in the same manner the journals of the Legislature are now bound, the journals and such documents as may be printed by order of this Convention, in one volume-the reports to be inserted as an appendix to the journals. On motion of Mr. Britain, The resolutions were referred to th ecommittee on primin~n Mr. Arzeno offered the following resolution: Resolved, That a certificate for five dollars be drawn and presented to each member of this Convention, to be used by such member in the purchase of stationery; which On motion of Mr. Crary, Was laid on the table. Mr. Roberts offered the following which was adopted: Resolved, That a Committee on Governmental and Judicial p0l)cy of the Upper Peninsula, be added to the standing committe, to consist of nine members. Mr. N. Pierce moved that the vote by which the 34th rule was stricken from the report of the committee on rules to govern this Convention, be reconsidered. Which. on motion of Mr. Cornell, i Was laid on the table. Mr. Bush called from the table the report of the committee on sup. plies and expenditures, and moved the adoption ofthe report. 21 22 SJOURNAL OF THE CONVENTION [June 61, The first resolution being under consideration, Mr. Van Valken burg offered the following substitute for the same: Resolved, That a certificate for five dollars be drawn and presented to each member of this Convention, to be used by such member in the purchase of stationery. Mr. Morrison moved to amend by striking out "five" and inserting "three;" and a division of the question being called, the question was first taken upon striking out, and the same prevailed. The blank was then filled with "three." On motion of Mr. Morrison, The substitute was so amended as to appropriate two dollars in addition to the chairman of each standing committee, for the use of the committee. And the question recurring upon the adoption of the substitute as amended, the same was not adopted. -Mr. Butterfield offered the following as a substitute for the first resolution: Resolved, That the Secretary of the Convention be instructed to purchase five hundred dollars worth of stationery for the use of the Convention, and that the Secretary distribute to the members, not exceeding three dollars worth each, and such stationery as their offi, cial duties may require, to the chairmen of standing committees. Mr. Morrison moved to strike out "three," and insert "two," ill the substitute. And a division of the question being ordered, The motion to strike out, was lost. The question being taken on the adoption of the substitute, as e fered by Mr. Butterfield, The same was not adopted. The question then recurring on the adoption of the first resolution reported by the committee, On motion of Mr. Mason, All after the word "Resolved," was stricken out; when On motion of Mr. Whipple, The remainder of the resolution was laid on the table. The second resolution being under consideration, Mr. Hascall movd to strike put the word'two," and insert "one."I And a division of the question being called, 1550.] TO REVISE THE CONSTITUTION. The motion to strike out did not prevail. Mr. Leach moved to strike out all after the word'Resolved," which motion was lost; and The second resolution, as reported by the committee, was, thern adopted. The third resolution being under consideration, On motion of Mr. Hanscom, The last clause of the resolution, relative to the Post Master keep)ing an account with delegates, &c., was stricken out. Mr. Mason moved to lay the resolution on the table. But the motion did not prevail. Mr. Britain offered the following as a substitute, which was lost: Resolved, That the Post Master at Lansing be and he is hereby authorized to charge to the State the postage on all mail matter received by members and officers of said Convention, and all journals and documents of said Convention sent from this post office by said memhers and officers, Provided, Said amount do not exceed five hundred dollars. Whereupon, the third resolution was adopted. On motion of Mr. Cook, Tfhe report of the committee on rules was taken from the table. The question being upon the adoption of the substitute to the 23d rutie, proposed by Mr. Walker, By general consent the words' without a vote of two-thirds," were stricken therefrom. Mr. Britain moved to amend the substitute by striking out the two first lines, as printed, and inserting: A motion for reconsideration shall be in order at any time, and may be made by any member of the Convention; but if the motion to reconsider shall not be made on the same day or the day after that on which the decision proposed to be reconsidered was made, three days notice of the intention to make the motion shall be given. Which motion to amend did not prevail. The question then recurring upon the adoption of the substitute, as offered by MIr. Walker, The same was lost by yeas and nays, as'follows: $.i, 23 JOURNAL OF THE COiNVENTION [ YEAS. Mr... Conner, Cook, Crouse, Daniels, Desnoyers, Edmunds, Gale, Gardiner, Kinne, Marvin, Moore, NAYS Mr. Fralick, Gibson, Green, Hart, Harvey,> Hascall, IIixon, Kingsley, Leach, Lovell, McClelland, hMorrison, Mowry, Newberry, Orr, J. D. Pierce, N. Pierce, Prevosti Mr. Morrison offered the following as a substitute, which was not adopted: I': hen a motion has been once put, and carried in the affirmative or negative, it shall be in order for any member who voted in the majority, to move for a reconsideration thereof, on the same or the succeeding day. And it shall be in order for any member thereafter to make such motion, by giving at least two days notice of his intention to do so. But a motion for reconsideration being put and lost, shall not be a second time renewed, without a vote of a majority of the members elect. Mr. J. D. Pierce offered the following as a substitute: No motion for reconsideration shall be in order unless on the same day or day following that on which the decision proposed to be re. 24 [Jun,e P, R. Adams, W. Adams I 1 7 Anderson.11 Arzeno" A,for-d, B,arnard, Britain, Alvarado Brown, 'Asahel Brown, Burns, Chap'el,' Mr. -Mos-her, Ra,Ynale, Redfield, Roberts,' Robertson,, Sullivan"I Town, VaiiValkenbur I I Walker, I Webster, Woodman, 3a Mr. Alvord, Ikackus, Bagg, 11'Bartovv, J. B ar'to W, ardsloy,,' Beeson, Ammon Brown, Bush, Butterfield, Carr, Chandler, Choate, Churchi S. Clark, 'Comstock Cornell, Eastman, Mr.. E. S. Robinsor., M. Robinson,, -Rix Robinson Skinner, Sou'le Sturgis, Sutherland, Tiffany, Wait, Wells, White,. VVhittemore, Williams, Willard Witherelli, Warden, Presideri-1, 5i TO( REVISE THE CONSTITUTION. considered took place, nor unless one of the majority shall move such reconsideration. A motion for reconsideration being put and, lost, shall not be resumed, nor shall any subject be a second time reconsidered, without the consent of the Convention. Which did not prevail. The Convention then concurred in the report of the c.)mmittee of the whole, regarding the 23d rule. The question being upon the adoption of the rules, as concurred in, M;. J. Bartow moved to amend the 8th rule by adding after the word "question," the words "nor more than one hour at any one time." MIr. Morrison moved to amend the amendment by striking out "one hour" and inserting in lieu thereof "fifteen minutes." Which motion was lost. Mr. Desnoyers moved to strike-out the same and insert "thirty minutes." A division of the question being called for, the Convention refused to strike out. The amendment offered by Mr. J. Bartow was then adopted. Mr. J. D. Pierce moved to amend the 33d rule by striking out 'ten" and inserting "twenty" in lieu thereof. But the motion did not prevail. On motion of Mr. Roberts, The 28th rule was amended as follows: After the words 1'ministers of the gospel," insert "ladies, farmers, mechanics, laborers, and other citizens and strangers."1 When, on motion of Mr. Hanscom, The 28th rule was stricken out,. On motion of Mr. N. Pierce, The vote by which the Convention concurred in the report of the committee of the whole, striking out the 34th rule, was reconsidered. And the question again arising on concurring in the same, The Convention refused to concur. Mr. Bush offered the following as a substitute for the 2d rule. Upon the appearance of a quorum, the journal of the prceding day shall he corrected, and, when demanded by a majority, shall be read by the Secretary. 4 1850.1 25, .26 JOURNAIl, OF TLIE CONVENTION [June.Q Mir. Van Valketiburg mrnoved to amend the substitute by striking out " majority," and inserting the word "member" in lieu thereof. Which motion did not prevail, and the substitute was adopted. The rules as amended were then adopted in gross. On motion of Mr. Cook, The rules were ordered placed upon the journal. Mr. Hascall moved a reconsideration of the resolution appointing a committee to invite the Clergymen of Lansing to open the morning sessions of the Convention with prayer, passed yesterday. Pending which, on motion of Mr. Cook, The Convention adjourned. RULES: OF TIlE CONVENTION, RILE 1. The President shall take the chair at the time to which ti-e Convention stands adjourned, and the Convention shall then be called to order and the roll of the members called. RULE 2. Upon the appearance of a quorum, the journal of the preceeding day shall be corrected, And when demanded by a majori. ty, shall be read by the Secretary. PRULE.3. Thie President shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the ConvenI taon. ,RULE 4. The President shall vote on all questions taken by yeas and nays, (except on appeals from his own decisions.) RULE 5. When the Convention adjourns, the members shall keep their seats until the President announces the adjournment. RULE 6. Every member, previous to his speaking, shall rise from his seat, and address himself to the President. RULE 7. When two or more members rise at once, the Presidernt shall designate the member who is first to speak. RULE 8. No member shall speak more than twice on the same question, nor more than one hour at any one time without leave of the Convention, nor more than once until every member who chooses to speak, shall have spoken. RULE 9. Every motion shall be reduced to writing, if required by the President or any member, and shall be stated by thei President before debate. 1850.];TO REVISE THE CONSTITUTION. RULE 10. After a motion shall be stated by the President, it shall be deemed to be in possession of the Convention; but may be- with drawn at any time before decision or amendment; but another mem ber may renew the same. RULE 11. When a question is under debate, no motion shall be received but to adjourn; for the previous question; to lay on the ta ble; to postpone indefinitely; to postpone to a day certain; to com mit or to amend; which several motions shall have precedence in the order in which they stand arranged. RULE 12. A motion to adjourn shall always be in order; that and the motion to lay on the table shall be decided without debate. RULE 13. The previous question shall be in this form: "Shall thte main question be now put?" And if demanded by a majority of thie members present, its effect shall be to put an end to all debate, and bring the Convention to a direct vote upon amendments, if any are pending, and then upon the main question. RULE 14. All incidental questions of order, arising after a motion is nade for the previous question, during the pendency of such motion, or after the Convention shall have determined that the main question shall be now put, shall be decided, whether on appeal or otherwise, without debate. RULE 15. Petiiions, memorials and other papers, addressed to the Convention, shall be presented by the President, or a member in his place. RULE 16. Every member who shall be present when a question is Iast stated from the Chair, and no other, shall vote for or against ti[e same, unless the Convention shall excuse him, in which case he shall not vote. RULE 17. When the President is putting the question, no member shall walk out or across the House; nor when a member is speaking shall any person entertain any private discourse, or pass between hinm and the Chair. RULE 18. if the question in debate contains several points, any nmember may have the same divided. RULE 19. A member called to order shall immediately set down, unless permitted to explain, and the Convention, if appealed to, shall decide the case; if there be no appeal the decision of the Chair shall 27 JOUURNAL OF THE CONVFNTION [June 6, be submitted to; on an appeal, no member shall speak more than once, without leave of the Convention,.and when a member is called to order for offensive languages there shall be no debate. RULE 20. In forming a committee of the whole, the President shall appoint a chairman to preside. RULE 21. Propositions committed to a committee of the whole shall first be read through by the Secretary, and then read and debated by clauses. All amendments shall be entered on a separate piece of paper, and so reported to the Convention by the chairman, standing in his place. RULE 22. All questions, whether in committee or in the Conpention, shall be put in the order they were moved, except in the case of privileged questions; and in filling up blanks, the largest sum and the longest time shall be first put. RULE 23. No motion for reconsideration shall be in order, unless within three days after the decision proposed to be reconsidered took place. A motion for reconsideration being put and lost, (except in case of privileged motions,) shall not be renewed on the same day. RULE 24. Any member, having voted with the majority, may be at liberty to move for a reconsideration; and a motion for reconsideration shall be decided by a majority of votes. RULE 25. The rules of the Convention shall be observed in com-l mittee of the whole, so far as they may be applicable, except that the yeas and nays shall not be called, the previous question enforced, nor the time of speaking limited. RULE 26. A motion that the committee rise shall always be in or der, andishall be decided without debate. RULE 27, In all cases where an order, resolution or motion, shall be entered on the journals of the Convention, the name of the mem ber moving the same shall be entered on the journals. RULE 28. On the meeting of the Convention, after correcting tile journal of the preceding day, the order of business shall be as fol lows: 1lst, presentation of petitions; 2d, reports of standing commit tees-reports of select committees; 3d, motions, resolutions and no tices; 4th, reading resolutions; 5th, unfinished business of the pre ceding day; 6th, special orders of the day; 7th, general orders of the day. i8 -1850. - TO REVISE THE CONSTITUTION. RULE 29. When the Convention have arrived at the general orders of the day, they shall go into committee of the whole upon such orders, or a particular order designated by a vote of the Convention; and no other business shall be in order until the whole are considered or passed, or the committee rise; and unless a particular subject is ordered up, the committee of the whole shall consider, act upon, or pass the general orders, according to the orderof their reference. RULE 30. No rule of the Convention shall be suspended, altered or amended, without the concurrence of two- thirds of the members present. RULE 31. Upon the call ef the Conveition, the names of the menmbers shall be called by the Secretary, and the absentees noted; but no excuse shall be made until'the Conventiown shall be fully called over; then the absentees shall be called over the second time, and if still absent, excuses are to be beard; and if no excuse, or insumcient excuse be made, the abseentees may, by order of those present, if there are fifteen members present, be taken into custody, wherever to be found, by the Sergeant-at-Arms. RULE 32. The President may leave the chair and appoint a mnember to preside, but not for a tonger time than one day, except by leave of the Convention. RULE 33. The rules of parliamentary practice comprised in Jef-ferson's Manual, shall govern the Convention in all cases to which they are applicable, and in which they are not inconsistent with the standing rules and orders of the Convention. RULE 34. The ayes and noes may be called for by ten members RULE 35. A majority of the members elected shall constitute a quorum for the transaction of business; but a less number may adjourn. RULE 36. A journal of the proceedings in committee of the whole shall be kept. Lansii,g, Friday, Jine 7, 1850. The Contention met pursuant to adjournment and was called to order by the President. Prayer by the Rev. Mr. Atterbury. 20 30 JOURNAL OF THE CONVENTION TJune 7, The roll being called, Messrs. Graham, Hanscom and Hathaway were found to be absent. Mr. Storey asked and obtained leave of absence for Mr. Hanscorn till Monday next. The journal, as printed, was approved. The President announced the following STANDING COMMITTEES: 1. On the Bill of Rights-Messrs. S. Clark, Rix Robinson, Gardiner, Gibson, Webster, P. R. Adams, Prevost. 2. On the Elective Franchise-Messrs. Whittemore, Alvord, Hascall, Lovel, Wait. 3. On the Division of the Powers of Government-Messrs. J. Clark, Newberry, Hart, Barnard, Asahel Brown. 4. On the Legislativ,e Departnment-Messrs. McClelland, Bagg, Crouse, E. S. Robinson, Soule, Alverado Brown, Beeson, Gale, Chandler. 5. On the Executive Department-Messrs. Whipple, Skinner, Mowry, Eaton, Anderson, Sutherland, M. Robinson, N. Pierce, Daniels. 6. On the Judicial Department-Messrs. Crary, S. Clark, Church, itanscom, Sullivan, Walker, Kingsley, Tiffany, Backus. 7. On State Officers, except the Executive —Messrs. Redfield, Roberts, Mosher, Orr, Carr. 8. On County Oficers and County Government-Messrs. Rix Robinson, Cornell, Ammon Brown, Conner, Hixon, Green, Wait. 9. On Township Officers and Township Government-Messrs. Bush, Eaton, Chapel, Town, Beeson, Harvey, Leach. 10. O0 the Organization of the Governmnent of Cities and Villages -Messrs. J. Bartow, Skinner, Marvin, Witherell, Raynale. 11. On Impeachments and Removalsfrom office-Messrs. Sullivan, J. Clark, W. Adams, Beardsley, P. R. Adams. 12. On the Milita-Messrs. Hanscom, Arzeno, Dimond, O'Brien, White, Anderson, Daniels. 13. On Education-Messrs. Walker, Van Valkenburg, Butter. field, Eastman, Desnoyers, J. D. Pierce, Barnard, Williams, Edrunds. TO REVISE TIIE CONSTITUTI[On. 14. On Finance and Taxation-Messrs. Britain, Bushi, Fralick, Axford, Morrison, Burns, Choate, Wells, Chandler. 15. Oa Banking and other Corporations, except M1unicipalMessrs. Cook, Rayvnale, Hascall, Danforth, Gardiner, Crouse, Moore, White, Comstock. 16. On Salaries-Messrs. Storey, Van Valkenburg, Mason, Des. loyers, Eastman, Morrison, Williams. 17. On the Seat of Government-Messrs. Kingsley, Axford, Danforth, Storey, Willard. 18. On Exemptions and the Rights of Married Women-Messrs. J. D. Pierce, Newberry, Lee, Chapel, Fralick, H. Bartow, Tiffany. 19. On the Punishment of Crimes-Messrs. Witherell, Sturges, M. Robinson, Woodman, Warden, Kinne, Prevost. 20. On Miscellaneous Provisions-Messrs. Church, Whittemore, Sutherland, Alvarado Brown, Marvin, Dimnond, Carr. 21. On thile Mode of Amending and Revising the ConstitutionN~essrs. McLeod, Mosher, Webster, Gibson. Harvey. 22. On the Schedlule-Messrs. Mason, Hart, Robertson, Moore, Alvord, Wells, Backus. 23. On Arrangement and Phraseology of the ConstitutiO6n~[essrs. Crary, McClelland, Whipple, S. Clark, Gardiner, Walker, Redfield, Britain, Well.s, Tiffany, Williams. 24. On the Government and Judicial Policy of the Upper Peninsula-Messrs. Roberts, McLeod, Cornell, Willard, Ilanscori, Ed. rnunds, Gale. RESOLUJTIONS. Mr. Kingsley stubmnitted the following: Resolved, That the committee on printing procure, in conven ient form, for the use of each member of this Convention, a copy of the present Constitution of the State. The resolution was adopted. Mr. N. Pierce offered the following: Resolved, That the committee on supplies and expenditures be instructed to employ some suitable person to repair the locks that are upon the tables of the members of thiso Convention, or so many of them as are not in repair. 3t 1850.] ~32 JOURNAL OF THE CONVENTION [June -7; And the sau.e wvas agreed to. On motion of Mr. McClelland, Resolved, That the present constitution be referred to the appropriate committees, aind that said committees be requested when they report, to embody their suggestions for a constitution in articles and sections: that they copy into such articles, the sections of the present constitution applicable thereto, to which they propose no amendinenits or alterations, and im such sections as they propose to amend atld alter, they shall incorporate such amendments and alterations. MAr. N. Pierce offered the following, which was not adopted. P-esolved, That this Convention will on Monday next proceed to revise and amend the Constitution of this State; that this Conventioni ,Vill resolve itself into the committee of the whole Convention, and take the present constitution up by articles and by sections and in such other subdivisioms as will best suit the convenience of the cornmmittee, and proceed from day to day to revise and amend said Constitution in committee and in Convention, until the labors of this Convention shall be finished. On motion of Mr. Storey, Resolvd, That the resolutions reported by the committee ap,. pointed to inquire into the expediency of employing Reporters, be taken from the table and referred to the committee on printing. M Mr. Raynale offered the following resolution: Resolved, That a committee of three members of this Convention be appointed to tinvite the resident clergy of this village to attend alterinately, and open the sessions by prayer; and that no other compensation be allowed for the services ofclergymen than the menbers of the Convention may deem proper to pay from their own private iltnds; and that said committee be required to inform the clergymen already invited of Re action of the Convention on this subject. Mr. Danforth moved to lay the same upon the table. Which motion was lost. Mr. Roberts submitted the following substitute: Resolved, That the se~,ices of the resident clergymen be dispiensed with, and that the Rev. J. D. Pierce and Rev. Mr. Webster, members of this body, be requested to officiate alternately. i850.] TO REVISE THE CONSTITUTION. Mr. Witherell moved to indefinitely postpone the resolution and substitute. Mr. Axford called for the yeas and nays, and being sus tained, the motion was lost, as follows: YEAS. Mr. Green, Hart, Harvey, Kingsley, Leach, Lee, Lovell, Orr, J. D. Pierce, N, Pierce, Prevost, M r. Anderson, BaCkus, J. Bartowv, Bush, Carr, Chandler, S. Clark, Comstock, Danforth, Daniels, Edmunds,, Gaidiner, NAYS, rMr. Cook, Cornell, Crouse, Desuoyers, Dimond, Eastman, Eaton, Fralick, Gale, Gibson, Hascall, AIixon, Kinne, Marvin, McLeod,, MacClelland, Moore, Morrison, Mosher, Mowry, Mr. P. R. Adam, W. Adams, Alvord, Arzeno, Axford, Bagg, Barnard, H. Bartow, Beardsley, Beeson, Britain, Alvarado Brown, Ammon Brown, Asabel Brown, Burns, Butterfield, Chapel, Choate, Church, J. Clark, Conner, And the substitute proposed by Mr. Roberts was not adopted. Mr. J. Clark moved to strike from the resolution the last clause, providing for the payment of Chaplains. Whhich motion was lost, Mr. White moved to lay the resolution on the table. Bat the motion did not prevail. 5 83 Mr. E. S. Robil'asdii, Suth6rlartd,, I - T i ffa n Y, I I VanValkenbtirg., ,Wait, Webster, White, Whip'le,' Whittemore, Witherell, ,President, - 34 Mr. Newberry, O'Brien, Ray,nit,le,,, R,edfield R.o,b,b Irt,, Robertson M. Robitiso"D, Rix Robinadn, Skinner, Sou le,, Storey, Sturgis, S,ullivan, Town, Walker, War,den,, Wells, w'illiams,,, Willardi Wood'man, 61 McClelland, iMcLeod, Morrison, Mowry, O'Brien, J. D. Pierce, N. Pierce, Prevost, Roberts, NAYS: Mr. Comstock5 Conner, Cornell;,r Crouse' Danrielse Desnoyer~,b Dimond, Eastmani Eaton, Fralick,' Gardiner, Green, Hart,; Harvey, Hixon, Lovell, Marvin, Moore, Alvarado Br own,t Bush, I Choate I S. Clarke v Cook-, Danforth, Edmunds# Gale, Gibson, And the question being on the resolution offered by Mr. Raynal e Town, Van Valkenburg, Wait. Web.stori,, Wells - 1, ,f,, Whitteniore,. Willard, Witherell, -Ir. P. R. Adams,, W. Adams' Alv6rd, Arzeno, 'tackus, B;:aggl Ba.rna,r'd, H. Bartow, i Bartow., ritai,n, Am,mon Br6wn Asahel Brown, Burns, Butterfield 'Carr, Chandleri Church, J. Clark, Nt-t..'Moshtir,l Newberr,y, pO.rr, tay,nalel Redfield M. Robinson, Rix RObi"n"SOD, Skinnet, Sturgi-S, Sullivan,, Tiffany,. Walker,, Warden,, White, wil.liolmst Woodman, President, Burns,..arvin, Webster, ,Butterfield, McClelland, Williams, 'Chapel, Morrison, Willard, Choate, Mosher, Woodman, Church, Mowry, 56 NAYS. Mr. Backus, Mr. Green, Mr. Skinner, Bagg, Hart, Soule,:", Bush, Harvey, Sutherland, ,Carr, Hixon, Tiffany, Chandler, Lovell, VanValkenburg, J. Clark, McLeod, Wait, :S. Clark, Moore, Wells, 'Comstock,'O'Brien, White, 'Danforth, - Orr, Whittemore, ~Daniels, J. D. Pierce, Witherell, Edmunds, N. Pierce, President, Gardiner, Prevost, 35 'On motion of Mr.'Backus, Resolved, That the committee on the legislative department be instructed to'inquire'into the expediency of reporting a provision in the Constitution that no act of the Legislature shall embrace more than one suibject, which shall be clearly expressed by its title. Mr. Church asked to be and was excused from serving upon the committee oti" printing. - Whereupon, Mr. Britain was appointed in his stead. JOUR'AL,OF THE CONVENTION [June,8, Mr. Witherell moved-that when the Convention adjourn, it stand adjourned till Monday next. But the motion was lost; and On motion of Mr. McLeod, The Convention then adjourned. Lansing, Sgturday, June 8, 1850. The Convention met pursuant to adjournment and was called to order by the President. Mr. Cook announced the presence of his colleague, Hon. Jonathan B. Graham, who appeared and took his seat. Mr. Walker announced that Hon. Hiram Hathaway of Macomb county, was in attendance; and Mr. Hathaway took his seat. The roll being called, Mr. Hanscom was absent on leave. The journal was corrected and approved. PETITIONS. By Mr. Cook: of H. Waldron, E. H. C. Wilson and others, of Hillsdale county, asking that the word "white," may be stricken out of the revised Constitution; Referred to committee on elective franchise. ByMr. Crary: of Lewis Wilmarth and 241 citizens of Oalhou[ county, praying the Convention to abolish the institution of tho Grand Jury; Referred to committee on bill of rights. REPORTS. Mr. McLeod, from the committee on the mode of amending and revising the Constitution, submitted a report, which was read, accept. ed, and On motion of Mr. Mason, aid upon the table and ordered printed. Mr. S. Cark, from the committee on the bill of rights submitted a rort; which, On-motion of Mr. Crary, Was referred to the comnittee of the whole and ordred printed. Mr. Gardihner, from the committee on printing, to whom was referred the resplutions relative to printing journals, &c., reprted the foUllowingresolutions, and recommended their adoption: '96 1850.1- TO; EVE THE: "CONSTI UiON. ResoZved, That the State Printer be instructed to pint an'edition of 480 copies of the daily official journal of this Convention, including the Constitution adopted by this Convention, in book form, for binding; and that he be instructed to print a like number of all reports of committees for binding. Resolved, That the contractor for doing the binding for the State, be instructed to bind, in the same manner the journals of the Legislature are now bound, the journals and such documents as nay be printed by order of this Convention, in one volume-the reports to be inserted as an appendix to the journals. On motion of Mr. Crary, The report was accepted and the committee discharged from the further consideration of the subject. On motion of Mr. J. D. Pierce, The amendments proposed by the comittee were severally conburred in and the resolutions as amended were adopted. RESOLUTIONS. Mr. Butterfield offered the following: Resolved, That there be added to the committee on the judiciary '-]epartment six members from other occupations and profssions ihan that of the law. Mr. Robertson moved to amend by striking out "six," and inserting " ten." And the resolution was so amended. Mr. Butterfield demanded the yeas and nays on the passage of the resolution, and the same being ordered, the resolution was adopted, as follows: YEAS: Mr. Cornell, Crary, Croupe, Danforth, Daniels, r Eastman, Eaton, Edmunds. Fralick, I Gale, Gardiner, 8 (t, Mr. P. R. Adams, W. Adams, I Alvolrd, Anderson,. Arze.no, I Axford,, Backus, Bagg, Barn,ard, IT. Bartow, J.'Bartow,, Mr. Newbe' I ' rry, - O'Brilen, Ort,. J. D. Pierm, I I N. Pierce, Prevost, Rttyn,ile,', Robertson,,' : E. S. Robinson, M. Robin$Obl Rix,RoWrAo, JOURNAL OF THE CONVENTION [June $ Beardsley, Gibson, Skinner, Beeson, Graham, Storey, Britain, Green, Sturgi, Alvarado Brown Har, Hr Sullivan, Ammon Brown, Harvey, Sutherland; Asahel Brown, Hascall, Tiffany, Burns,. Hathaway, Town, Bush", - Hixon, Wait, Butterfield, Kingsley, Warden, Carr, Kinne, - Webster, Chandler, Leach, Wells, Chapel, Lee, Whittemore7 Choate, Lovell, Williams, Church, Marvin, Willard, J. Clark, McClelland, Witherell, Comstock, Moore, Woodman, Conner, Morrison, President, Cook, Mosher, 85 NAYS: Mr. S. Clark, Mr. McLeod, Mr. Soule, Desnoyers7 Mowry, Van Valkenburg, Dimond, Redfield, White, Mason, Roberts,; Mr. Witherell offered the following, which was referred to the committee on the judiciary: ResoZved, That the committee on the judiciary be instructed to inquire into the expediency of establishing a supieme court to consist of three judges; and to provide for a division of the State into judicial circuits, and for the election of a circuit judge in each circuit. And that the Legislature be empowered to increase the number of circuits and circuit judges at the expiration of every five years, and not oftener. Xr. Alvord offered the following: Resolved, That the committee on education be instructed to inquire into the expediency of establishing a system of free schools to be supported by general taxation. Mr. Crary moved to refer to the committee on education' Which motion did not prevail. The resolution was then adopted. On motion of Mr. Bagg, Resolved, That the committee on banks and incorporations be and Hereby are directed to inquire into and report upon the expediency of 1350.3] TO REVISE THE: CONSTITUTION. incorporating into the Constitution of this State, as a distinct section thereof, the following, to wit: The Legislature sball have no.power to pas any act granting any charter for banking purposes, On motion of Mr. WVells, 'Resolved, That the committee on the judiciary be instructed to inquire into the expediency of requiring the judges of the Supreme Court to report to the Legislature at the commencement of each session, what defects they have observed in existing laws, and propo. sitions for amendment. On motion of Mr. Eaton, Resolved, That the committee on the elective franchise, &c., itqxire into the expediency of so amending the constitution of this state as to secure to the people of this state an annual registry Of the names of all legal voters previous to the election. On motion of Mr. Eaton, Resolved, That the committee on education inquire into the expediency of making constitutional provision for the estabiishment of such a system of common schools as will, by taxation, bestow the facility of acquiring a good education on every child in this State. On motion of Mr. Wardei;, RPesolved, That the committee on the elective franchise beiinstructed to inquire into the expedielcy of allowing the right of suffrage to aliens, who shall have dec6ared their intention to become citizens of the United States, in accordance with the naturalization laws thereof, and who shall ha,re resided in this State for onie year next preceding any election. On motion of -r. Roberts, Ie3olved, That the State Printer be instructed to print 480 copies of all articles, and 480 copies of all rep rts ordered printed forthe use of this Convention. On motion of Mr. J. D. Pierce, RPesolved, That the committee on thie judiciary be instructed to, ins quire into the expediency of providing that all acts of the Legislature be submitted to the justices of the supreme court, to decide up on their constitutionality before they take effect, and that subsequenttly they have no powerto declare avny.at so passed upon to be unconstitutional. -, E, JOURNAL 0OF THE CONVENTION [ And also, that said committee inquire into- the expediency of so simplifying judicial proceedings, as to have but 6nre form of action; And also to provide that the Legislature at its first session after the adoption of the Constitution, shall appointthree commissioners, whose duty it shall be to reduce to a written code, the whole body of the law of this State, or so much thereof, as to them shall seem expedi. ent. On motion of J. D. Pierces Resolved, That the committee on incorporations be instructed to inquire into the expediency of providing as follows: 1. That the credit of the state shall not be loaned to any person or persons, nor to any company or asocation, nor shallthe state ever be liable for the stock of any corporation whatever., 2. The legislature shall have no power to pass acts of incorpora tion), except for municipal purpose. 3. In all cases where damage is done by any corporation to private property, the corporation shall pay to the full amount of such damn age. 4. The legislature may pass general laws, under which associations may be formed for itll purposes of business, and for religious and charitable objects; but no rights, exemptions, privileges or immunities shall be granted to any association or corporate body whichl are not secured to every person in the state. 5. No special charters shall be granted for banking purposes, and no association or corporation now existing, or hereafter to exist by virtue of general laws, shall issue any bills under a less denomina. tion that five dollars after the first of January, 185-. 6. The legislature shall have no power to pass any act sanctioning the refusal of any person or persons, association or corporate body, issuing bills, to pay the same on demand. 7. Whenever any banking association shall beco me insolvent, the bill-holders shall be entitled to preference in payment over all other creditors, and the stockholders shall be,responsible in their individual capacity for all the debts and liabilities of the same. 8. No act under which banking,assoeiations may be formed shall go into operation, until the same shall have been approved by a direct vote of the people at some general election subsequent to its passage. 4,01 [ju e, ii ~50] DTO REVISE THE COlSTITUTION. Mr. Tiffany moved that the committee on the judiciary be instruct ted to report a judiciary system which shall not include the present system of county courts. Mr. Bagg moved to amend by adding with the exception of the county of Wayne." When the resolution was laid upon the table, On motion of Mr. Storey) Resolted, That the -committee on the legislative department be in; structed to inquire into the expediency of a constitutional provision which shall require the legislature, in making an amendment to an existing law, to re.enact and publish the entire act. On motion of Mr. Fralick, Resolved, That the committee on the legislative department be in, structed to inquire into the expediency of providing for single Rep-.. resentative and Senatorial districts, and for bienniel sessions of the Legislature, in the new Constitution. Mr. Crouse offered the following; which, On motion of Mr. JI D. Pierce, Was referred to the committee on printing. Resolved, That the committee on printing be required to cause copies of the rules of this Convention to be printed in the form of a manual, together with such other information as they shall deem useful and appropriate. On motion of Mr. Bagg, Resolved, That the committee on the legislative department be instructed to inquire into the propriety and expediency of incorpora. ling a provision in the Constitution, for any person to sell or tend art. dent spirits, or other intoxicating liquors, wholesale or retail, in this State, without license: Provided, That such person or persons shall be liable for all the pernicious consequences arising from such sale, to be collected in a court of law; and that the only proof necessary for conviction and judgment, shall be that the defendant or defendants had sold or given to such person or persons ardent spirits, or other intoxicating drifiks, twenty-four hours prior to the commission of such offence or off ences; and all persons who shall have sold to such defendant or defendants, shall be joined in defence, and pay 6 t: -t JOURN'AL OF THIE CONVENTION (Jne,, a.fter judgment, in-proportion to the quantity sold or given to the oft fender by each, respectively. On motion of Mr. Warden, Resolved, That the committee on the punishment of,crimes be instructed to inquire into the expediency of providing for the abolition of capital punishment On motion of Mr. Van Valkenburg:\ Resolv6ed, That the committee on township officers and township government be instructed to inquire into the propriety of reducing the number of town officers and town expenses. On motion of Mr. Orr: Resolved, That the judiciary committee be instructed to inquire ikto the expediency of dispensing with our present grand jury syst tem. On motion of Mr. McClelland, Resolved, That the committee on banking and corporations inl quire into the expediency of engrafting upon the constitution a pro vision requiring all banking institutions to be estahlished by general laws, and to be based on State stock securities so as to make the billholder perfectly secure, and that such general laws, before they take efect, be submitted to-a vote of the people.. On motion of Mr. McClelland, Resolved, That the committee on county officers and county government be instructed to inquire into the propriety of adopting tihe commissioner system in the counties or of reducing the number ok supervisors to three or five in each county, either electing therrm by districts or by the whole county. On motion of Mr. McClelland, ,Resolved, That the committee on the judiciary be instructed to inquire into the propriety of abolishing the county court system, and of organizing a supreme court system, and requiring the judges thereof to discharge circuit duties. .Mr. Britain offered the following, Resolved, That the committee on state officers be instructed to inquire into the expediency of providing for the election of the Speak, er of the House of Representatives by the people. Which, on motion of Mr. Redfield, 1850.] TO REVISE THE CONSTITUTION. Was ainended by adding "' whose per diem shall be the sarne as. other members of that body.'" And the resolution as amended was adopted. Mr. Beardsley ofiered the following:. Resolved,- That the committee on the elective franchise be instructed to inquire into the expediency of granting to aliens now residen, and who shall hereafter become residents of this state,. all the privil eges of United States citizens within this state. Mr. Bagg moved to amend by inserting the word "white'- before "aliens," which was accepted by the mover, and the. resolution was: adopted. On motion of' Mr. Sutherland, Resolved, That the committee on finance anitaxation be instructeci to inquire into the expediency of abolishing the office of Auditor General, and requiring the legislature to provide for the transaction of the business of that officer atthe county seat of the several coun ties, so far as such business concerns teaxation On motion of Mr. BuSh,, Resolved, That the committee on the legislative department be iil structed to inquire into the expediency of entitling each county at present organizid to at least one Representative. On motion of Mr. H. Bartow, Resolved, That the committee on education be instructed to i:i quire into the expediency of req,uiring the free schools to be English schools. On motion of Mr. Soule, Resolved, That the committee on the, judiciary be. instructed to in-, quire into the expediency of abolishing the distinction between law and equity proceedings; that all causes may be tried upon their met its, and allowing all persons to act as attorneys, in any court. Also, provide that all appeals shall be submitted to a jury, if either party in the suit shall require it. On motion of Mr. Walker, Resolved, That the committee on the legislative department be.in structed to inquire into the expediency of providing that the iegula,r sessions of the Legislature shall not be held oftener than once in two, years; and that after the first 60 days of any session, the memberse 48,,. 46 44 JOJURNAL OF THE CONVENTION [June 8, shall receive no compensation. Also, so thatit siall require a vote of two-thirds of all the members elected to each House, to create, alter or amend any law, except at such sessions as an entire revision of the laws shall have been ordered to be made in pursuance of a constitutional provision. On motion of Mr Fralick, RBesolved, That the committee on township officers and township government be instructed to inquire into the expediency of providing that the public business of townships and township offices be performed by 3 persons, instead of a larger or the present number. On motion of Mr. Hascall, .Resolved, That the committee on State officers be instructed to inquire into the expediency of diminishing the number of State officers, and embracing the duties of two or more into one. On motion of M.. Butterfield, Resohied, That the committee on finance and taxation be instructed to inquire into the expediency of so forming the organic law as to require the Legislature to pass such laws as shall provide for the final collection of all taxes within the townships. On motion of Mr. Beeson, Resolved, That the committee on exemptions and the rights of mnarried women be instructed to inquire into the expediency of securing to married women all property owned by themat the time of their marriage, or that they may at any time acquire by inheritance. On motion of Mr. Sturgis, Resolved, That the committee on the legislative department be instructed to inquire into the expediency of reducing the per diem of rPpresentatives of the Legislature to two dollars. On motion of Mr. Fralick, Resolved, That the committee on the judicial department be instructed to inquire into the expediency of the organization of police courts in cities and villages with a limited criminal jurisdiction, On motion of Mr. Alvord, Resolwd, That the committee on the Legislative department be instructed to inquire into the expediency of employing the services of chaplains in legislative and conventional bodies, and allowing the same pay as members of those bodies. 18501.] TO REVISE THE CONSTITUTION. On motion of Mr. Robertson, Resolved, That the committee on the legislative department be instructed to inquire into the expediency of vesting all legislative pow. ers in one House-the Lieutenant Governor to be President of the House. Mr. Witherell offered the following: Resolved, That the committee on the judiciary be instructed to in. quire into the expediency of a constitutional provision rendering the Governor of the State ineligible to the office of United States Senater duringthe term for which he may be elected. Mr. Hascall moved to amend by inserting after "United States Senator" the words "or any other office;" which was adopted. Mr. Backus moved to amend by inserting after the word "State," "and Judges of the Supreme Court.:' Mr. Witherell moved to amend the amendment by inserting after "Supreme," the words "and Circuit;" which motion prevailed, and the amendment was adopted. On motion of Mr. Cornell, The resolution was amended by adding thereto the words "and for one year thereafter." The resolution as amended was adopted. On motion of Mr. Hart, Resolved, That the committee on the judiciary be required to inquire into the expedieney of abolishing the Probate Court and creating some kind of County Court with Surrogate and Probate jurisdiclion. Mr. Leach offered the following, which by his request, was laid upon -te table: Resolved, That this Convention is in favor of biennial sessions of the Legislature. Mr. Willard offered the following: Resolved That when this Convention adjourn it adjourn to meet at Detroit, on Mr. Leach moved to indefinitely postpone the same. Upon which motion, Mr. Bush demanded the yeas and nays. And the call being sustained, The resolution was indefinitely postponed, as follows: 45 Cornell, McClelland, White, Crary, Mosher, WNilliams, Crouse, Mowry, 9 NAYS. MIr. P. R. Adam, Mr. Daniels, Mr. M. Robinson, Alvotd, I)esnoyors, Skinner, Anderson, Eaton, Sutherland, Arzeno, Fralick, Tiffany, Backus, Gibson, Vantalkenturg, Bagg, Hart, Webster, Beeson, -Marvin), Wells, Asahel Brown, McLeod, Whittemore, Butterfield, Moore, Willard, Chandler, M1orrison, WNVi'therell, Chapel, Newberry, Woodman, Choam, Raynale, President, J. Clark, Roberts, 38 On motion of Mr. Britain, Resolved, That the committee on printing, who were on the 7th inst. ordered to procure in convenient form for the use of each member of this Convention, a copy of the present Constitution of this State, be instructed to procure the printing, in the form of a man, sal, ofthe rules adopted by this Convention, with said Constitution, with lists of merm bers and officers, showing their place of nativity) occupation, post office and present boarding house. Also, a calendar and statement of all standing committees of this Convention; and 850.] T) REVISE THE CONSTITUTION, that 240 copies of the same be published for the use of this Convention. On motion of Mr. Beardsley Resolved, That the committee on exemptions and the rights of married women be instructed to inquire into the expediency of allowing married women to dispose of any property, real or person, 'al, by will, without the consent of their husbands r On motion of Mlr. Beardsley, Resolved, That the committee on the judiciarv be instructed to inquire into the expediency of establishing one or more judges, to be elected in each organized county, to hold township courts within such county,'for'the trial of all causes in which the amount of damages claimed shall not exceed two hundred dollars; and otf such criminal jurisdiction as shall be provided by law; and of prohibiting iustices' courts for the trial of civil and criminal'causes. On motion of Mir. Orr, Resolved, that the committee on banking and other6'corporations., (except municipal,) be instructed to inquire into thfe'expediency of reporting a constitutional provision making the stockholders in sech corporations individually liable'for the term of one year' after tlhey cease to become such stockholders. On motion of Mr. Moore, Resolved, That the committee'on th'e legislative ~department be instructed Ito iinquiTe into the propriety of settling contested elections in their respective counties and districts. and save the expense of com — ing before the Legislature with such disputed claims. Mr. Van Valkenburg ofered'the following: Resolved, That one hundred and twenty copies of the manual of this Conventio-n be bound in the same form and of the some material as'the manual of the Legislature of this State at its session of iS50. 4s~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~o.~~~~~~~~~~~~~~~~~~~~~~d Mr. J,.,.lark moved to lay the resolution on the table, which was not agreed to. Mr. Bush moved to adjourn, but the Convention refused to a:ad Journl. The resolution, as offered by Mr. Van Valkenburg,,was then adopted by yeas and nays, as follows: ,44 JOURNAL OF THE CONVENTION [June 8, YEAS: Mr. Cook, Cornell, Crouse, Danforth, Desnoyers,: Eastman, Fralick, Gardiner, Gibson, Gr.ham. Kingley, Kinne, Marvin, McLeod, Moore, Mosher, NAYS. Mr. W. Adamns, Alvord, A.rzeno, Axford, Bagg, Beeson, Britain, Alvarado Brown, Ammon Brown, Asahet Brown, Burns, Bush, Butterfield, Choate, Church, Conner, Mr. P. R. Adams, Mr. Eaton, Mr. O'Brien, Backus, Edmunds, Redfield, Barnard, Gale, Robertson, H. Bartow, Green, Sturgis, J. Bartow, Harvey, Sullivan, Cart, - H iascall, Tiffany, Chandler, Hathaway, Town, Chapel, Hixon, Warden, J. Clark, Leach, Wells, S. Clark, McClelland, White, Cormstock, Morrison, Williams, Daniels, Mowry, Witherell, Dimond, Newberry, President, g9 On motion of Mr. Hascall, Resolved, That the committee on exemptions and the rights of -narried women be instructed to inquire into the expediency of abol ishing all law for the collection of debts under a limited amount. Mr. Wells moved that Mr. Witherell be excused from serving up on the committee on the punishment of crimes. But the mnotion to excuse was lost. The President announced the following committee on the invita. tion of clergymen, &c.: Messrs. Raynale, J. D. Pierce and Webster. On motion of Mr. Cook, The Convention adjourned till Monday morning. 49 Mr. N'. Pierce, 'Prevost, Raynale, Robert-4, M. Robinsoii, Skinner, sou, le, storey, Van Valkenbu Wait, Walker, Webster, Whittemore, Willard, Woodnian, 47 1850.] TO REVISE THE CONSTITUTION. Lansing, Monday, June 10, 1850. The- Convention met pursuant to adjournment and was called to order by the President Prayer by the Rev. Mr. Atterbury. The roll being called, Messrs. Roberts and Whipple were absent without leave. PETITIONS. By Mr. Fralick: of E. J. Penniman, D. H. Rowland, Bethuel Noyes, and 409 others, of Wayne county, in favor of biennial sessions of the Legislature of limited duration, and single districts for Senators and Representatives, and county boards of Supervisors, di. viding counties when required into Representative districts. Referred to committee on the legislative department. By Mr. Vain Valkenburg: of Hiram Barrett and 44 others, of Oakland county, asking the adoption of several features in the revised constitution. Referred to committee on miscellaneous provisions. Mr. Backus presented the proceedings of the common council of the city of Detroit, tendering the use of the city Hall for the, use of the Convention, should it adjourn to that city. Laid upon the table. The President announced a communication from Orville B. Dibble upon the same subject. - Read and laid on the table. REPOlTS. Mr. McClelland, from the committee on rules of proceeding, &c., submitted the following, to be added to the standing rules of the Convention: - RLVLE 37. Every article shall receive three several readings previous to its being passed; and the secondhand third readings shall be on different days; and the third reading shall be on a day subsequent to that in which it has passed a committee of the whole, unless the Convention, by a vote of two.-thirds of the members present, shall di' rect otherwise. RULE 38. No article shall be committed or amended unless it has been twice read. 7 49 0 JOURNAL QOF THE CONVENTION [June 10, RULE 39. Every article, when read a third time and passed, shall be referred to the committee on arrangement and phraseology. The rules were severally adopted by a two-thirds vote. Mr. J. Clark, from the committee on the division of the powers of government, submitted a report, which was read a 1st and 2d time by its title, and On motion of Mr. Cook, Referred to the committee of the whole and ordered printed. The committee on printing, to whom was referred the resolutions relative to printing the proceedings and debates of this Convention, have had said resolutions under consideration, and report the same back to the Convention and recommend the following amendments, viz: strike out of the first resolution, "onethousand copies," and insert "twelve hundred." Strike out of second resolution, "one copy to each of the judges of a court of record in this State," and insert "one copy for the use of the office of each county clerk in this State, and one copy for the clerk of the Supreme Court;" to which they ask the concurrence of the Convention. All which is respectfully submitted. E. P. GARDINER, Ch'n. The amendments proposed by the committee were severally concurred in. When,-on motion of Mr. Gardiner, The second resolution was further amended by striking out the words "one thousand," and inserting "'twelve hundred." On motion of Mr. Storey, The second resolution was amended by striking out "ten," and inserting "one hundred," so it shall read "one hundred copies to be deposited in the State Library. And the resolutions as amended were severally adopted. RESOLUIONS. On motion of Mr. Britain, ResoZlved, That the committee on printing cause the rules this morning adopted to be printed in the manual. Mr. Witherell offered the following, which was not adopted: 50 1850.] - TO REVISE THE' CGM. STTUTION. Resoled;, That for the puipose of preserving the purity and efficiency of futdge conventions to revise the Constitution, the commit. tee on the legislative department be instructed to finquire into the expediency of: providing for an election by the people of presidents of such conventions, and in case of any doubt existing as to such expediency, said committee be instructed to consult precedents. Mir. Fralick offered the following: Resolved, That the committee on the legislative department be nstructed to provide for single reepresentative districts in their rereport. Which, on motion of Mr, Van Valkenburg, Was laid upon the table, Mr. Amrnon Brown offered the following, which, on motion of Mr. Crary, Was laid upon the table: Resclved, That the committee on the legislative department be instructed to report an article or articles providing for single senatorial districts. Mr. Morrison offered the following: Resolved, That corporations for banking purposes shall be formd ed, extended or renewed by special laws, but no such act of incorporation, extension or renewal shall take effect until the same shall have been submitted to the people at the next general election, succeeding the passage of the same, for representatives, and approved by a majority of all the votes cast at such election for and against such law; and that but one act of incorporation, extension or renewal of any corporation with banking powers shall be passed during any one session of the Legislature. No such corporation shall be formed, extended or renewed for a longer period than fifteen years. Referred to the committee on banking and other incorporations. Mr. Morrison offered the following, which was referred to the committee on miscellaneous provisions: Resolved, That when private property is taken for the use or benefit of the public, the necessity of using such property and the just compensation to be made therefor shall be ascertained by a jury of twelve free.glders, residing in the vicinity of such property, or by 51 JOURNAL OF THE CONVENTION [June 10, not less than three commissioners appointed by a court of record, as shall be prescribed by law. That private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road, and the amount of all damages to be sustained by the opening thereof, shall be first. determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefitted. Also, the following, which was referred to the committee on exemptions and the rights of married women; Resolved, That any person, in order to avail himself of any provision in this constitution, or of law exempting property from forced sale on executions, shall make and file (at such time as shall be prescribed by law, once in each year, with some officer to be designated by law in the township, village or city in which he resides,) an affidavit, setting forth a description of the property of which he is the owner, and the value thereof. Also a statement of the amount of his indebtedness. On motion of Mr. Bagg, Resolved, That the committee on the judiciary department be instructed to inquire into the expediency of establishing in incorporated cities, municipal courts, with civil and criminal jurisdiction. On motion of Mr. Storey, Resolved, That the committee on miscellaneous provisions be instructed to inquire into the expediency of a constitutional prohibition against the employment of state prisoners in those branches of mechanical labor which interfere with mechanical trades in this state. Mr. Van Valkenburg offered the following: Resolved, That the committee on the Iegislative department be instructed to insert a provision into the Constitution authorizing each House of the Legislature to employ a Chaplain during their sessions, who shall be entitled to the same per diem allowance as members of their respective bodies. On motion of Mr. McLeod, The resolution was referred to the committee on the legislative department. Mr. Beardsley offered the following: 52 TO REVISE THE CONSTITUTION. Resolved, That the committee on the judicial'departinent-be in structed to inquire into the expediency of allowing any white male resident of this State, twenty-one years of age, to practice as an at torney and counsellor in any of the courts of law, and as a solicitor in chancery in this State, on filing a written notice of his intention in the office of the clerk of the Supreme Court. On motion of Mr. McLeod, The resolution was amended, by striking out the word "white." Mr. S. Clark moved to lay the resolution upon the table; which motion was lost; when On motion of Mr. Crouse, The resolution was indefinitely postponed. On motion of Mr. Beardsley, Resolved, That the committee on the judicial department be instructed to inquire into the expediency of including the fees of counsel and attorneys and solicitors in the costs of suits at law and in equity, and enforcing their payment by execution, against the losing party: and also, of restricting counsel to certain fees in all the courts of this State; and attorneys and solicitors to such fees as shall be provided by law. On motion of Mr. Beardsley, Resolved, That the committee on the judicial department be instructed to inquire into the expediency of prohibiting special and dillatory pleas and demurrers in all the courts of this State. Mr. Beardsley offered the following, which did not prevail: Resolved, That the committee on the elective franchise be instructed to inquire into the expediency of granting the right of suffrage to all white and single females, twenty-one years of age, and who are now or who shall hereafter become residents of this State. On motion of Mr. Witherell, Resolved, That the committee on the Legislative department be instructed to inquire into the expediency of providing that no property of individuals. shall be taken for the use of the State or of any corporation without payment therefor being first made. On motion of Mr. Backus, Resolved, That the committee on the legislative department be in 1850.) 53 54 JOURNAL OF THEE CONVENTION [June 10, structed to inquire into the,expediency of reporting a provision in the constitution, that the Legislature shall pass no retrospective laws. On motion of:Mr. Backus, Resolved, That the committee on miscellaneous provisions be instructed to inquire into the expediency of reporting a provision in the constitution, that private property shall not be taken for public use, or the use of corporations, municipal or otherwise, without compensation first provided and actually paid or tendered. On motion of Mr. Backus, Resolved, That the committee on the legislative department inquire into the expediency of reporting a provision in the Constitution, that every person holding claims against the State may sue for such demand in like manner and with the same facility as suits may be brought against individuals. On motion of Mr. O'Brien, Resolved, That the committee on exemptions, &c., are requested to inquire into the expediency of exempting the property of every individual to the amount of five hundred dollars, from sale on exe. cution or other process of law or equity. On motion of Mr. Alvord, Resolved, That the committee on judiciary be instructed to in, quire into the expediency of abolishing the court of probate. On motion of Mr. Town, Resolved, That the commnittee on connty officers and county gov4 eminent be instructed to inquire into the expediency of uniting the offices of county clerk and register of deeds into one office, and of' reducing the fees of both. On motion of Mr. S. Clark, Resolved, That the committee on education be instructed to in. quire into the expediency of providing for the establishment of an agricultural school and model farm connected therewith. On motion of Mr. Gibson, Resolved, That the committee on elective franchise be instructed to inquire into the expediency of prohibiting duelists and per. sons guilty of betting on elections from exercising the right of suffrage. On motion of Mr. Skinner, 1850.] TO: REVISE' THE'CONSTI'TTIONN.5 ResoZved, That the committee on the judiciary be and they are hereby instructed to inquire into the expediency of authorizing the supervisors of each county to make as many judicial districts in each county, (not exceeding the number of representative districts,) as, in their opinion, will best suit the convenience and wants of the peo. ple thereof; in each of which shall be elected a district justice for the term of four years; with such civil and criminal jurisdiction as shall be conferred by law. On motion of Mr. Britain, Resolved, That the State Printer be requested to print twelve hun. dred copies of the daily jonrnal for the use of this Convention, instead of ten hundred, as heretofore ordered. On motion of Mr. Storey, Resolved. That the committee on the legislative department be instructed to inquire into the expediency of a constitutional provision prohibiting the legislature from legislating on any claim against the state. Resolved, That the committee on state officers (except executive) be instructed to inquire into the expediency of creating a board of state auditors, who shall act upon all claims against the state, and fromn whose decision there may be an appeal to the supreme court On motion of Mr. Daniels, Resolved, That the committee on punishment of crime be instruc. ted to inquire into the propriety of incorporating into the constitution the establishment of a house of refuge or correction, for the punishment of juvenile and female offenders. On motion of Mr. Robertson, Resolved, That the committee on education be instructed to inquire into the expediency of providing for the election of one school superintendent in each county, whose duties shall be prescribed by law, and to be in lieu of the present system of township school inspectors. Mr. Moore offered an amendment to the bill of rights, as follows: Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory be. fore the fact, shall forever be disqualified from holding any office under the Constitution and laws of this State. Referred to the committee of the whole. 55~ 56 JOURNAL OF THE CONVENTION [June 10, Mr. Chapel offered the following: Resolved, That in the opinion of this Convention, no member is .,entitled to his per diem, unles his name appears daily upon the jour nal of this Convention. Sickness only, excepted. On motion of Mr. Mason, The resolution was laid upon the table. On motion of Mr. Hart, Resolved, That the committee on the jndiciary be requiredito inquire into the expediency of incorporatingin the Constitution authority to the Legislature to establish courts of conciliation. On motion of Mr. Williams, Resolved, That the committee on the judicial department be instructed to report a provision for the new Constitution, authorizing the Legislature to establish courts of conciliation, with powers. and duties prescribed by law, whose jurisdiction shall be co.extensive with organized towns; and after such courts shall have been established for seven years, to create similar courts of a wider jurisdiction. On motion of Mr. Williams, Resolved, That the committee on finance and taxation be instructed to inquire into the expediency of so restricting any system of taxation as to prevent one citizen acquiring the right to the property of another by virtue of a tax title; and that they be fi~rther instructed to inquire into the expediency of having all lands escheat to the State on which taxes have not been paid for -- years. On motion of Mr. Williams, Resolved, That the committee on miscellaneous provisions be instructed to inquire into the expediency of inserting in the Constitution a provision substantially as follows: "Lands now flowed and unimproved lands which may hereafter be flowed by the erection of mill dams, shall be paid for in the manner to be provided by law; and the actual value of the land flowed shall be determined by a jury of freeholders, and such value and the expenses of determining the same, shall be paid by the party erecting the dam." On motion of Mr. Williams, Resolved, That the committee on exemptions and the rights of married women be instructed to inquire into the expediency of 1850.] TO REVISE THE CONSTITUTION. abolishing all laws for the compulsory collection of debts after the year 1854. On motion of Mr. Hixon, Resolved, That the committee on the judicial department be in structed to inquire into the expediency of abolishing all laws for the collection of debts. On motion of Mr. Witherell, Resolved, That the committee on the schedule be instrscted to inquire into the expediency of providing in said schedule for the payment of such expenses of this Convention as have not been provided for by the Legislat'ure. On motion of Mr. Cornell, Resolved, That the committee on towns be instructed to inquire into the expediency of merging the offices of supervisos, assessor, commissioners of highways and directors of the poor into one office, and the duties to be performed by three persons, denominated "board of supervisors." On motion of Mr. Raynale, Resolved, That the committee on miscellaneous provisions be instructed to inquire into the propriety of prohibiting the Legislature from passing any resolution of instructions to our Senators in Congress, unless by a two-thirds vote of the members elected to each House. On motion of Mr. Chapel, Resolved, That the committee on the legislative department inquire into the expediency of so altering the present mileage of members of the Legislature to and from the capital of this State as not to exceed eight cents per mile. The President announced the following additional members of the committee on the judicial department, under the resolution of the 8th inst.: Messrs. Butterfield, Hixon, Comstock, Cook, Asahel Brown, Hathaway, Mowry, Lee, Town and Bagg. Additional members of the committee on thie governmental and judicial policy of the upper peninsula, under resolution of the 8th inst.: 8 57 ,.S JOURNAL OF THE:-CONVENTINON [June10, Messrs. Robertson and Graham. On motion of Mr. Cook, The House resolved itself into committee of the whole on the bill of fights,i l r. Britain in the chair. PROCEEDINGS IN COMMITTEE. Mr. Walker offered the following substitute to Sec. 3: "All men are entitled to equal rights and privileges." Which substitute was not adopted. Mr. Redfield moved to strike out of section 3, the words "or separate." Which motion did not prevail. On motion of Mr. J. D. Pierce, Section 6 was amended by striking out of 1st line, the word "religious,"'and inserting "political." Mr. J. Bartow moved to amend section 7, by striking out from lines 4 and 5, the words "and was published with good motives and for justifiable ends." Which motion did not prevail. Mr. N. Pierce moved to amend section S, line 1, by inserting af ter "papers," the word "property.d WVhich motion was not agreed to. Mr. Hanscom moved to amend sec., by striking out "unreason able," in line 1, and inserting-after "-seizures," in line 2, "except pursuant to authority of law." But the committee refused to so amend. Onl motion of Mr. McLeod, Sec. 9 was amended by striking out "ld," in second: line, and inserting "but," and, by adding at the end of the section, "not of record."' Mr. Walker moved to firther amend said section by striking out "all," in 3d lines and by adding after "record," "and in civil causes. in all courts," Pending which) on motion of Mr. Whit. The committee rose, reported progra, and asked leave to sit again. 1850.] TO "REV:ISE fTHE CONSTIUTION. The committee, through their charman, reported their proceediing to the Convention, (as above,) and asked and obtained leave to sit. again. On motion of Mr. Church, Resolved, That when the Convention adjourn it adjourns to meet to.morrow morning at 8 o'clock. On motion of Mr. Gardiner, T.he Converintion th,en adjo'urned. Lansing, Tuesday, June 11, i850. The President called the Convention to order at 8 o'clock. Prayer by the Rev. Mr. Sanford. Upon calling the roll, M[essrs. Bush, Chapel, Lee, Whipple and Willard appeared to be absent. The journal was corrected and approved. REPORTS. lir. MfcClelland,, from the committee on the, Legislative department, reported "Articles 4, Legislative Department." The Article was read the first and second time by its title, refer. red to the committee of the whole, and ordered printed. MIr. Storey moved that double the usual; number of copies be or" dered printed, but The motion did. not prevail.. li!, Bagg, from- a majority of the same committee, to whom, was; referred the resolution of the 8th inst., directing an inquiry into, the expediency of inserting a clause in the constitution authorizing tho sale of ardent spirits without license, &q., reported an additional section to the foregoing article; which was read a first and second time by its title, referred to the committee of the whole, and ordered printed with article 4. The committee on the legislative department was discharged from the further consideration of all, resolutions; heretofore referred to it, and On motion of Mr. Crary, The same were referred to the committee of the whole. Mr. Sullivan, from the committee on impeachments and removals 59, 160 JOURNAL OF THE CONVENTION-'[June 11, from office, submitted "Article-, Impeachments and Removals from Office." The article was read the first and second time by its title, and referred to the committee of the whole, and ordered printed. LEAVE OF ABSENCE. Mr. McLeod asked and obtained leave of absence for Mr. Me. Clelland for an indefinite period. Mr. J. Bartow asked leave of absence for Mr. Whipple, until Friday next, which was granted. RESOLUTIONS. On motion of AMr. Eaton, Resolved, -That the committee on fina ce and taxation be instruct. ed to inquire into the propriety of engrafting the following provision in the Constitution: that all bonds, mortgages, judgments, and all other evidences of debt which are liens on real estate shall not be taxed as personal property, and that all real estate shall be taxed to the owner or occupant at its fair value, and that any person or persons Owning or holding any bond, mortgage, judgment, or anyother evidence of indebtedness, which are liens on real estate shall be liable to the person or persons to whom the same shall have been taxed for his, her or their proportion of said tax, in proportion to the interest he, she or they may have held or owned in said real estate. On motion of Mr. Sutherland, Resolved, That the Committee on impeachments and removals from office be instructed to inquire into the expediency of providing for the trial and determination of impeachments and,'charges against officers, involving their removal, in some court of judicature. On motion of Mr. Comsteo,k, Resolved, That the committee on the militia be instructed to inquire into the expediency of incorporating into the Constitution of this State, a provision exempting from militia duty any inhabitant of this state, of any religious denomination whatever, who from scruples of conscience is averse%to bearing arms, upon such conditions as shall be prescribed by law. Mr. White offered the following, which, by consent, was laid upon the table: Resolved, That the Auditor General of this State be, and he is 1850.] TO REVISE THE CONSTITUTION. hereby requested to furnish for the use of this Convention, a state ment of the annual expenses of the State Government since its organization. That such statement embrace a list of the State officers, the number of clerks and other persons employed by them respec tively in each year, and the salary or compensation paid to each; also, the annual expenditure of the several departments of government, Executive, Judicial and Legislative. That the Auditor General be requested to furnish to the Convention, a statement of the annual amount of State tax apportioned to be paid by each county; the yearly amount of delinquent or unpaid taxes returned to the Audi. tor's office from the several counties, and showing the amount of the original tax levied; the amount of interest which accrued thereon;. the amount of office fees and other contingent expenses, if any, charged to said tax; and the amount of taxes rejected with interest,. &c., which have been charged back to the respective counties in, each year. On motion of Mr. Backus, Resolved, That the committee on counties be instructed toa, inquire into the expediency of reporting a provision in the- constitution, that no county or counties, township or city, shall be liable for the expense of laying out or establishing any road. or roads, au — thorized by special act of the Legislature. On motion of Mr. Fralick, Resolved, That the committee on militia be instructed to inquire',. into the expediency of providing for the enrollment of all persons liable to military duty, and the abolition of; militia trainings, except. those of independent companies. Mr. Orr offered the following: Resolved, That the judiciary committee be, requested to inquire into the expediency of reporting. a constitutional provision dispensing with the present lawv on evidence which now governs in our courts of justice. Which was not agreed to,. Mr. McLeod offered, the following:-. Resolved, That the. committee on the, seat-. of government be in structed to report on,tosmorrow the permanent location of the capital at Lansing. 61 +62 JOURNAL:- OF' THE -CONVENTION [June ] 1, Mr..Bagg offered the following as a substitute fbr\ the foregoing: Resolved, That thecommittee on the location of.he capital be instructed to report a distinct article in the constitution, to be referred to the people, locating the capitol permanently at the city of Detroit. On motion 6f Mr. Alvord, The resolution was laid upon the table. On motion of Mr. Burns, Resolved, That the committee on county offices and county gov. ernment, be instructed to inquire into the expediency of a constitu. tional provision, that no county seat shall be removed, until the place to which it is proposed to be removed shall be fixed by law, and a majority of two.thirds of the voters of the county voting on the ques. lion, have voted in favor of its Temoval. On motion of Mr. Church, Resolved, That the daily sessions of the Convention shall com. oence at 8 o'clock A. M., until otherwise ordered. Mr. Eaton submitted the following resolution:: Resolved, That when this Convention adjourns, it adjourn to meet again at 3 o'clock this afternoon; and that it will hold afternoon sessions, commencing at 3 o'clock each day, until further ordered by the Convention. Which was laid on the table. Mr. Woodman offered the following: Whlere6as, The chairman of the committeeoon the punishment of crimes, (Mr. Witherell,) refuses to act as their chairman; And whereas, No member of said committee feels at liberty to act as chairman; therefore Resolved, That the committee on the punishment of crimes be discharged. WVhich was not adopted. 'On motion of Mr. Backus, Resolved, That the committee on counties be instructed to inquire into the expediency of reporting a provision in the constitution, authorizing the erection of any city into a separate county government, without regard to the territorial extent of such county. On moion of Mr. Darforth, :-TO REVISE, THE CONSTITUTION. The Convention resolved itself into committee of the whole on the Bill of Rights, Mr. Britain in the chair. PROCEEDINGS IN COMMItTTEE. Mr. Walker's amendment to section 9 being under consideration, it was modified by the mover so as to read as follows, viz: Amend section 9 by striking out all after the word "law" iii 2d line, and inserting "'but the Legislature may authorize a trial by jury of a less number than twelve men for the trial of misdemeanors and civil cases." Mr. Goodwin moved to amend the amendment by adding at the end thereof " in courts held by Justices of the Peace." On motion of Mr. Hanscom the further consideration of Sec. 9 was dispensed with and said section passed over, when the committee proceeded to consider section 10. MIr. S. Clark moved to amend sec. 10 by adding: "Nor shall any person be held to appear for a criminal offence un less on the presentment or indictment of a Grand Jury, except in cases of impeachment, or in cases cognizable by Justices of the Peace, or arising in the army or militia when in actual service in time of war or public danger." Which motion did not prevail. Mr. Sutherland moved to amend as follows. Sec. 10. Line 3. Amend by striking out the words "and in all civil cases in which personal liberty may be involved, the trial by jury shall not be refused." ]But the committee refused to so amend. Mr. Tiffany moved to amend sec. 10, line 2, by striking out "to be confronted with the witnesses against him." Which motion did not prevail. Mr. Sullivan moved to amend sec. 10 by adding "the institution of the Grand Jury is hereby abolished." Pending which Mr. McLeod moved that the committee rise, report progress, and ask leave to sit again. \Which motion was not agreed to. When, on motion of Mr. Cook, sec. 10 was passed over, And the committee proceeded to the consideration of Sec. 11 ,63, 64.JOURNAL OF THE CONVENTION [June 12, Mr. Crary moved to amend Sec. 11 by striking out of line 1, all after the word "person," to and including the word ",punishment," and inserting "after acquittal, shall be tried for the same offence." Mr. J. Bartow moved to amend the amendment by inserting after the word "acquittal," the words "upon the merits." Pending which, on motion of Mr. Daniels, the committee rose, reported progress, and asked leavelto sit again., The Chairman, Mr. Britain, reported the same back to the Convention, and asked and obtained leave to sit again; when, On motion of Mr. Danforth, The Convention adjourned. Lansing, Wednesday, June 12, 1850. The Convention met at 8 o'clock A. M., and was called to order by the President, Prayer by the Rev. Mr. Tooker. Roll called, and members all present iexcept Messrs. McClelland and Whipple, absent on, leave. The journal was approved. REPORTS. Mr. Redfield, from the committee on state officers, except the executive, reported "Article -. Of State Officers." The article was read a first and second time by its title, and referred to the committee of the whole and ordered printed. Mr. Kingsley, from the committee on the seat of government, submitted the following: "Article -. Of the Seat of Government. "The seat of government of the state shall be in the township of Lansing in the county of Ingham, where it is now located." And the same was read the first and second time by its title and referred to the committee of the whole. RESOLUTIONS. On motion of Mr. Beardsley, Resolved, That the committee on the judiciary department be in. structed to inquire into the expediency of prohibiting appeals and TO) REVISE TlE CONSTITUTION. certioraris, and of providing for new trials instead thereof; and also as to the propriety of making a second verdict or judgment in favor of a party final and irreversible in all cases. On motion of Mr. Cornell, Resolved, That the committee on townships be instructed to inquire into the expediency of abolishing the offces of assessors, commiissioners of highways and directors of the poor; and emp6wering the legislature to provide. for the election of a supervisor, township clerk And treasurer, who shall, together with the oldest justice of the peace, constitute the township board and board of elections, and who shall perform such other duties as shall be prescribed by law. On motion of Mr. Wells, Resolved, That the committee on education be instructed to in. quire into the propriety of reporting a constitutional amendment which shall forever prevent the legislature from enacting any law relating to the university and school lands, unless such law is general in its applications and effect. On motion of Mr. Morrison, R esolved, That the committee on the elective franchise be instructed to inquire into the expediency of incorporatig in the constitution the following provision: That for the pnrpose of voting, no person shall' be, deemed to have gained or lost a residence during his attend-ace a.s a, student of any seminary of learning. On motion of Mr. Cook, The Convention then resolved itself into~~ommittee of the whole and resumed the consideration of "Article 1a Bill of Rights," Mr. Britain in the.chair. PROCEEDINGS IN GOMMITT,E. Mr. J. Bartow's amendment to Mr. Crary's amendment being under consideration, after some debate, the amendment was adopted. The question recurring on Mr; Craryf amendment, and a division of the question being called for, the. words " for the same offence shall be twice put,in,j'opardy of Lumshment,'t were stricken out. The words "aftersacquittal upondthe merits,shal be tried for the ~me offence," w,ere then,i.... 9., 1,850,,I, 6'4, JOURNAL OF THE CONVENTION [June 1Q, On motion of Mr. Lovell, Section 11, line 2, was amended by striking out "capital offences,'" and inserting "murder and treason." Mr. Skinner offered the following: Resolved, That section 11 be amended by adding after the word ' merits,"' "Provided, however, that no acquittal or conviction on his own complaint, or at his instance, shall be a bar to a second trial and conviction for the same offence. Which was not adopted. Section 12 being under consideration, Mr. Bagg moved to amend by inserting between every"' and "person," the word "white." Which was not agreed to. Mr. Crouse moved to amend section i2, by striking out "person,'" and inserting "citizen." Which motion did not prevail. Mr. Bagg moved to amend section 12 by striking out the words B'and the State." But the committee refused to strike out Section 14 being under consideration, On motion of Mr. S. Clark, The same was amended by inserting after "owner," the words "or '6dcup'ant.'1 Section 16 was then considered, then Mr. Butterfield moved to amend by adding after the word "cone tracts," the words "or their remedies." Which motion did not prevail. Mr. Fralick moved that the committee pass over section 16. Which motion was not agreed to. Mr. Warden moved to insert after the word "contract," in section ]16, "and no law altering or changing any law exempting property from levy or sale on execution, having retrospective action." Which motion did not prevail. Mr. Butterfield offlered the following substitute for section 16: No bill of attainder, or ex post facto law either civil or crim' inal, shall be passed, nor any law impairing the obligation of a contract or the remedy existing at the time such contracts shall be made. 66 850.]- TO REVISE THE CONSTITUTION. 67 And a division of the question being called for, the committee re fused to strike out section 16. Section 17 being under consideration, On motion of Mr. Witherell, It was amended by striking out "and unjust,'" and inserting "or unusual." Section 18 was amended, On motion of Mr. Williams, By adding at the end thereof.' Private roads may be opened in the manner to be prescribed by law; but in every case the necessities of the road, and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of free holders, and such anmount, together with the expenses ef the proceeding, shall be paid by the person or persons to be benefitted. Mr. Witherell moved to amend section 18 by adding after "for,"' in the 1st line, "the use of thestate or of any corporation," and by adding after'" therefor,' the words "previously made therefor or tendered." Which was not adopted. Mr. Tiffany moved to amend as follows: Add at the end of section 18, "first paid or tendered, or otherwise disposed of, as shall be prescribed by'law, for the benefit of the person whose property shall be intended to be taken, except when to be appropriated for the benefit of municipal corporations or for common roads. Which motion was lost. On motion of Mr. Hanscom, The last vote was reconsidered. And the question being on the amendment of Mr. tiffany, Mr. Witherell moved to amend the amendment, by adding after "therefor," in 1st line, "'nor for the use of any corporation without compensation previously made or tendered." Pending which, On motion of Mr. Storey, JOURNAL OF THE CONVENTION [June, lf' The oommittee rose, reported progress, and asked leave to st again. The committee, through their chairman reported the article back to the Convention, and asked and obtained leave to sit again. On motion of Mr- Storey, The Convention then adjourned. Lansing, Thursday, June 13, 1850. The Convention met pursuant to adjournment and was called to order by the President. Prayer-by the Rev. Mr. Atterbury. Roll called, and Messrs' Lee and McLeod absent without leave, &ad Mr. McClelland with leave. Journal approved. PETITIONS, By Mr. P. R. Adams: of John Crawford and 108 others, of'Lenawee county, relative to the management of the State Prison. Referred to committee on. miscellaneous provisioins By Mr. Town: of John Mabbs and 26 others, praying that the word "white" be dispenses -with in the revised Go nstitution. Referred to the committee on the elective franchise. REPO,ITS. Mr. Raynale, from the select co:mmittee to invite the resident clergy of this village to attend alternately and open the sessions by pray. er, reported that they had performed that duty in part; and that the Rev. Mr. Atterbury, Mr. Sandford{ and Mr.'Tooker have been in attendance. And the Rev. Mr. Atterbury has directed the committee to say to the Convention that he declines any remuneration in the manner propose& The report was accepted and the committee continued. On motion of Mr. Cook, The convention then resolved itself into committee of the whole, and resumed the consideration of Articl 1, Bill of Rights,, Mr. Britain in the chair. TO REVISE THE CONSTITUTION. The question being upon Mr. Witherell's amendment to Mr. Tif fany's amendment, Mr. Witherell withdrew his amendm-eat. Mr. J. D. Pierce moved to amend by striking out all after the word 'Itendered," of Mr. Tiffany's amendment. Which motion did not prevail. Mr. Cook offered the following substitute for the amendment: Section 18, line 1, after 4'therefor," insert "being first made or tendered in such manner as the legislature may provide." The substitutewas not adopted. Mr. Tiffany modified his amendment so as to read as follows: Section 18, line 1, after "therefor," insert " to be first paid or tendered, except when to be appropriated for public highways." And the question being on the adoption of the amendment the same was not adopted. Section 19 being under consideration, On motion of Mr. Bush, It was amended by striking out "shall," in 1st line. Section 22 being under consideration, Mr. Raynale offered the following substitute, which was not adopted: "Involuntary servitude, unless for the punishment of crime, shall never be tolerated in this state." On motion of Mr. Witherell, Section 23 was amended by striking out the words "mesne or fi. nal process.",' Mr. Sullivan moved to amend as follows: Section 23, line 2, after "fraud," insert "but the provision Shall not extend to actions of debt for fines, penalties or forfeitures, or to actions founded on promises to marry, or for moneys collected by any public officer, or in any professional employment." Mr. Whipple moved to amend the amendment by striking out the words " or to actions founded on promises to marry." Which motion did not prevail. The question recurring on Mr. Sullivan's amendment, the same was not adopted. On motion of Mr. Crary, All after "debt," to and including "fraud," was stricken out, and 60 1850.] JOURNAL OF THE CONVENTION [June 13,, the following words inserted, viz: "'arising out of, or founded on a contract expressed or implied." On motion of Mr. S. Clark, Section 24 was stricken out. Mr. Hanscom moved to strike out all after i proceedings,'" in first line of section 26. But the Committee refused to strike out. Mr. Robertson offered the following substitute for sec. 27: The Legislature shall have no power to appropriate the public moneys or property for local or private purposes. Pending which, Mr. Cook-moved that the committee rise, report progress, and ask leave to sit again. Which motion did not prevail. The question recurring on Mr. Robertson's substitute, the same was not adopted. On motion of Mr. Whipple, Section 28 was stricken out. On motion of M,r. Witherell, Section 29 was. mended by inserting between "estate" and'for," in 1st line, the words- " hereafter acquired." Mr. Skinner moved to strike out "actually,"' in second line, and insert the word "necessarily." Which meotion was not agreed to. Mr. Walker moved to amend by inserting after "no," in 1st line,. the word "private." Which was not adopted. Mr. Van Valkenburg moved that the committee rise, report pro gress and ask leave to sit again. But the committee refused to rise. Mr. Lee moved to strike out section 29. But the committee refused to strike out. Mr. Leach moved to strike out section 31. Which motion was lost. On motion of Mr. Cook, The committee rose, reported progress and asked leave to sit again. TO REVISE THE CONSTITUTION. The committee, through their chairman, reported the same back to the Convention, and ased and obtained leave to sit again. On motion of Mr. Eaton, The Convention then adjourned. Lansing, Friday, June 14,1850. The Convention met pursuant to adjournment and was called to order by the President. Prayer by the Rev. Mr. Sanford. Roll called and Mr. Orr absent without and Mr. McClelland with leave. Journal approved. ABSENCE. Mr. Church asked and obtained leave of Absenqe for Mr, Orr until Tuesday next. MQTIONS. Mr. Witherall moved that the committee of the whole be dischar. ged from the consideration of': Article - OQf the Seat of Govern. ment." Mr. Britain calling for the yeas and nays theron, and the same being sustained, the rmotion was lost,, as follows:,, YEAS. Mr. Desnoyers, Eaton, Fralick, Gibson, Green,, Hanscom, Harvey, Hathaway, Hixon, Kingsley, Marvin, Mason, McLeod, Morrison, O'Brien, Mr. P. R. Adams, ] Alvord, Arzeno, Backus, Bagg, S. Bartow, Beeson, klvarado Brown,, Ammon Brown, Asahel Brown, Butterfield, Carr, Chandler, Choate, J. Clark, Daniels, NAYS. Mr. W. Adams, Mr. Crary, Anderson, Crouse, 1850.1 71 IN r. Prevost, Roberts, M.'Robinson, Skinner Storey, Sullivan, $utfierland, VanVolkonb,urg, Wait, Wells, Whipple,,, William's, Willard, Witherell, President, 46 Mr., Newberry,, J. D. Pierce, JOURNAL OF'tE CONVENTION [Jun 14, Axford, - Dan'prth, N. Pierce, Barnard, Dimond, Raynale, II. Bartow, Eastman., Redfield Beardsley, Gale, Robertson, Britain, Gardiner, -. S. Robin,on, Burns, Hart,'Soule, Bush, Hascall, -turgis, Chapel, Kinre, Town, Cburch, Leach, Walker, S. Clara, Lee, -Warden, Comstock, Lovell, White, Conner, Moore, Whittemore, Cook)e Mosher, Woodman, Cornell, Mowry, 47 On motion of Mr. Bush, The Convention resolved itself it/to committee of the whole and resumed the consideration of "Article 1. Bill of Rights," Mr. Britain in the chair. PROCEEDING5S IN COMMITTEt. Section 9 being under consideration, Mr. Kingsley offered the following substitute: The right of trial by jury shall remain inviolate; but to entitle a party to a jury in a civil case, he shall demand it as the law shall direct; and thre legislature may provide that a less number than twelve may constitute a jury in the trial of civil causes. Mr. Witherell moved to amend the substitute by adding at the end thereof the words " in courts not of record." Which was not adopted. Mr. Robertson offered the following substitute, which was accept ted by Mr. Kingsley: 9. The right of trial by jury shall remain inviolate but shall be deemed to be waived, in all civil cases, unless demanded by one of the parties, in such manner as shall be directed by law; and the leg islature may authorize a trial by a jury of a less number than twelve men. Mr. Walker moved to amend the substitute by striking out the words "the right of trial by jury shall remain inviolatel," and insert ing "' parties in civil suits shall have a right to a trial by a jury." 72 :8 o50] TO RPV-t1E T i CONISTITUTION. Mr. Vai Valkenbbrk moved to amend the substitute by inserting between "by" and", jty,"' in lt line, the word "a." Which motion did ndt prevail. The question recurrittrg on Mr. Walker's amendment, and a divis. -ion of the question beitrg called for, The committee reTusd to strike out the words proposed. The quetion'thef recurring on the substitute of Mr. Robertson, and a division f the question being demanded, Section 9 was stricken out, and the substitute was then adopted. Section 10 being under consideration, and the question being upon Mir. Sulliva~a amnendment, (which was in the words following: add at the end of section 10, "the institution of grand jury is hereby abolished,") Mr. Walker offered the following substitute for the amendment: All justices of the peace shall be, by virtue of their office, grand uror's, and when complaint shall be made to any one of said grand jurors th at a criminal offence has been committed, upon sufficient evidence to induce the belief that the accused is guilty of an offence not cognisable by a justice of the peace, then such juror shall associate with him two other grand jurors within the county, and cause the accused to be brought before them for an examination; and upon such examination the accused shall have a right to make a full defense; and if it shall appear upon such examination, after a full hearing, that there is reasonable cause to believe the accused is guilty of the offencecharged against him, then such jurors shall transeit a certified copy of the proceedings and evidence before them to the prosecuting attorney of the county, and he shall draw a bill of indictment against the accused for the offence charged, and cause the accused to be arraigned for trial thereon. Pending which, on motion of Mr. Skinner, The committee rose, reported progress and asked leave to sit again. The committee, through their chairman, reported the same back to the Convention, and asked leave to sit again, Leave was granted. 10 7'3 14' JOURNAL OF THE CONVENTION [June ]1, Mr. Eaton mroved that the Convention adjourn till 3 o'clock this afternoon. Pending which, on motion of Mr. McLeod, The Convention adjourned. Lansing, Saturday June 15-, 185,0. The President called the Convention to, order at the usual hour. Prayer by the Rev. Mr. Tooker., Roll called, and Messrs. P. R. Adams, Backus, Beeson, Edmunds, Marvin, M. Robinson, Tiffany and Witherell,, were absent without leave; and Mr. Orr with leave. Journal approved:. LEAVE OF ABSENCE. Mr. Comstock asked, leave of absence. for Messrs. Tiffany and P. R. Adams until Friday next. Mr. Alvord for Messrs. Bacnus and Witherell until Tuesday next. Mr. Whipple for Mr. Beeson until Tuesday next; and Mr.. Re,d. field for Mr.'M. Robinson for art idefinite period. Leave was granted. PETITIONS, 4 By Mr. Alvord:: of George Duffield and 41,9 others: of Wayne county, praying that the right of suffrage may be extended to per. sons of color. Referred to committee on the elective franchise. By Mr. McLeod: of Robert Banks and 134 other citizens of Detroit, praying for certain alterations in the present constitution. Referred to the committee on the elective franchise. Also, memorial of \Vm,'MS Johnston, in behalf of sundry civilized Indians, praying the right of American citizenship. Referred to committee on the government and judicial policy of the Upper Peninsula. By Mr. Gardiner:. of citizens of Pittsfield~ Washtenaw county, for incorporation of an article in the revised constitution, prohibiting the legalization of the traffic in ardent spirits as a beverage. Referred to select committee of five. By Mr. Walkler: memorial of a public meeting held at Romeo, ink Macomb county, relative to various, amnendments to. the constitution, Referred to committee of the whole. 1-850.] TO REVISFE THE CONSTITUTION. By Mr. Churoh: of A. D. Rathbone and 165 others, residents of Kent county, praying that ordained ministers of the gospel may be prohibited holding offices of honor or trust under the constitution. Referred to committee on miscellaneous provisions. RE!OrTS.. Mr. Hanscom, from, the commitee on the militia, reported "'Article-, Militia." Read frst and secon d time by its title, and referred t.. committee of the whole and ordered printed. IRESOLUTIONS. Mr. Cook offered the following: Resolved, That on and after Monday next, the Convention will hold two daily sessions; morning sessions to commence at eight o'clock, A. M.-.the afternoon session to commnence at two and onehalf o'clock, P. M. Mr. White moved.to strikeout "two and one.-alf" and, insert "three." Which motion did not prevail On motion of Mr. Desnoyer, The resolution was amended by striking. out'"eight" and. inserting "'hal~f.past eight." Mr. Robertson moved to ztrike out "two and on.e-half" and insert ",two,' Which motion was lost. Mr. White moved to lay the resolution Qn the table. But the Convention refused to. lay on the table. The question recurring upon the adoption of the resolution as amended, Mr. Cook demanded the yeas. and nays upon the same, And the resolution was passed, as follows:. YEAS: M.W.. Adams, r ail,M.Mwy W.. Adams~ Anderson, Axford, Bagg, Barnard, H. B artow, Alvarado Brown, 75 JOURNAL OF THiE CONVENTION [June 15, Ammon Brown, Graham, Skinner, Bush, Green, Soule, Butterfield, Hanscom, Sullivan, Chandler, Harvey Sutherlad, Chapel, Hascall, Town, Choate, Hathaway, Van Valkenburg, J. Clark, Kinne, Wait, S. Clark, Leach, Walker, Comstock, Mason, Whipple, Cook, McClelland, Whittemore, Cornell, Moore, Williams, Crary, Morrison, Warden, Crouse, Mosher, 59 NAYS: Mr. Alvord, Mr. Conner, Mr. Robertson, Arzeno, Danforth, Storey, J. Bartow, Eastman, Sturgis, Beardsley, Hart, Webster, Britain, Kingsley, Wells, Asahel Brown, Lee, White, Bairns, Lovell, 4 Willard, Carr, McLeod, Woodman$ Church, Roberts, President, 27 Mr. McLeod offered the following: That the use of the Hall be allowed to Mr. Bibb, of Detroit, this afternoon, to explain the views of the colored inhabitants of Michi gan in reference to the elective franchise. Mr. Chapel moved to amend the resolution by adding "unless occupied by this Convention." But the motion was lost. The resolution was then adopted. On motion of Mr. Cook, The Convention went into committee of the whole, and resumed the consideration of Article 1, Bill of Rights, Mr. Britain in the chair. PROCEEDINGS IN COMMITTEE. The question being on MD. Walker's substitute offered yesterday for Mr. Sullivan's amendment, The same was not adopted. Mr. Hascall offered the following as a substitute for Mr. Sullivan's amendment: 76 1850.] TO REVISE THE'CONSTITUTION. "The Legislature may abolish a grand jury, except for Crimes where the penalty is death or imprisonment for life." Which was not adopted. The question then recurring on Mr. Sullivan's amendment, which was to add at the end of section 10, "the institution of the grand jury is hereby abolished," The committee refused to so amend. Mr. Skinner offered the following amendment, to commence seetion 10: "No person shall be holden to answer for any crime, the punish.. ment of which may be death or imprisonment for life, unless on al presentment or indictment of a grand jury, except in the land or. naval forces, in the militia when in actual service in time of war or public danger; and grand juries shall have cognizance of no, other offences." On motion of Mr. Robertson, The words "in the land or naval forces," of the amenadment were stricken out Mr. Whipple offered the following substitute for thae amendment:. 1. No person shall be held to answer for an offence punishable by imprisonment in the State prison, unless on presentmenat of a grand;, jury. 2. A grand jury shall consist of not l. than nine,,..nor more.aan, thirteen persons. Which was not adopted. The question then recurring: on, Mr. Slianx'. ampndment, the. same was lost. On miotion of Mr. Robertson,. Section 10 was amendediby inserting in tha second-ibw, after the word "jury," the word, "which may, cpinsist,of,lesbathan twelve. men in all courts not oft record.." On mnotion of Mr, MoClelland, Section 10 was amended by, iserting, ter, the preeding amend-e ment, the words, "to be informedof theonatur. and case of the accusatio,n." Mr, Reardsley moved to amende section 10, article.I, by inserting 77 '7, JOURNAL OF THE CONVENTION [June 17, after the word "defence," in second line, the following, viz: "Who shall have the right of reply;." Which did not prevail. On motion of Mr. Leach) The committee rose, reported the article back to the Conventions and asked to be discharged from its further consideration. The committee rose, and through their chairman, reported the same back to the Convention, with sundry amendments, in which the concurrence of the Convention was asked. The committee of the whole were disoharged from the further con, -siaderation of the sam, and .On motion of Mr. J. D. Pierce, The article as amended was laid upon the table and ordered printed. On motion of Mr. Moore, The committee of the whole were discharged from the further consideration of an amendment to the bill of rights, offered by him on the 10th inst., relative to persons engaged in duels, &c. On motion of Mr-A White, The Convention then adjourned. Lansing, Monday June 17, 1850. The Convention met pursuant to adjournment, and was called to order by the President. Prayer by the Rev. Mr. Merrill. Roll called, and Messrs. Butrns, Lee, McLeod, Morrison, Roberts and Soule were absent without leave; and Messrs. P. R. Adams, Backus, Beeson, M. Robinson, Tiffany and Witherell with leave. Journal approved, The President announced the fohlowinig eltet committee on the petition of citizens of Pittsfield, Washtenaw county, for incorpo.ation of article in revised constitution, prohibiting.legalization of the tra'fc in ardent -piets as a beverages Messrs. Gardiner, Leach, Ammon Brown, Hathaway and W, Adams, 1850.] TO REVISE THE CONSTITUTION ABSENCE. Mr. Arzeno asked leave of absence for Mr. Marvin, for the day., Mr. McClelland for Mr. McLeod, forthe same period. Mr. Walker for Mr. Roberts, for like time. Mr. Britain for Mr. Hascall, for the day. Mr. Barnard for Mr. Lee, till Wednesday next; and M-r. Beardsley for Mr. Burns, for the ame period. Leave was granted as asked PETITION5. By Mr. Kingsley: of 205 citizens of Washtenaw county, praying that the amended constitution may provide for extending the right of suffrage to colored people. Referred to the committee on the elective franchise. REPORTS. fMr-Whipple, from the committee on the Executive department, submitted Article -, Executive Department. Which was read the first and second time by its title, referred to the committee of the wholes and ordered printed. Mr. Crary, from the committee on the judicial department, to whom was referred the following resolution: "Resolved, That the' committee on the judicial department be in, structed to inquire into the expediency of providing that the Legislature, at its first session after the adoption of the constitution, shall appoint three commissioners) whose duty it shall be to reduce to a written code, the whole body of the law or this State, or so much thereof as to them shall seem texpedienrt-;" Reported the same back to the Conventions asking to be discharged from the further consideration of the same and recommending its reference to the committee on the schedule. The committee was discharged, and the resolu'tion so referr'ed RESOLUTIONS. Mr. Green offered the following: Resolved, That the chairman of the committee on education bt instructed to address letters of inquiry to the present and late superintendants of public instruction of this State, soliciting their opinions as to the propriety of establishing the free school system, and par 79 J,OURNA, OF T.HO COqE VENTION [June 1)7. ticul/riy wh~at in their opii/on. would be its effects upon general edu. cation in the State. W,hbih, on motion of Mr. Danforth, was laid upon the table. Mr. White-called.:up his resolution of the 11th inst,asking infor-. mation of the Auditor General; and The resolution was then adopted. Mr. Britain submitted the following preamble and resolutions: Whereas, It is desirable that the business of this Conveantioa. should be completed at the earliest practicable period;. And wkexeas, the practice of distributing newspapers and otherail matter am ong.members of the Convention,, and, the practice of-' reading newspapers and other mail matter by the members and, oth, ;rs within the bar, during the hours of business, disturbs., the harmo-. ny and impairs the efficiency of the Convention, retards the pros. gress of public business, and should be prohibited by this Conven-. eon; therefore, Resolved, That the follow.ing,be adopted,as.ow. of th,e. standing rules of this Convention: No newspaper or other mail mnatter shall be distributed arnong the members of this Convention,, between thea openingand,the closing of' its sessions.. Nor shall any, member of this Convention, or other person within the bar, read any newspaper or other matter foreign to the business of the. Convention, between the opening and the lo.. sing,of its sessions. Mr. Willard moved as an addition to.tha rule proposed, the-words. Sunless when long and dull speeches are being:made." Pending which, The proposition of Mr. Brita/n was laid on the.table. On motion of Mr. Cook, The Convention resolved itself into committea.Qf the whole on the general order,. Mr. McClefland in the chair. PROCEEDING- IN COMMITTEE, The committee proceeded to the -cnsideration., of the general. order. No amend, nents were made to 80a a.. i 1850.] TO REVISE THE CONSTITUTION. Article -. Mode of amending and revising the constitution, and Article-, Division of the powers of government. Article -, Impeachments and removals from office, being under consideration, Mr. Sullivan moved to amend section 2, 1st line, by inserting after "'Senate" the words "and judges of the Supreme Court." Which motion did not prevail. Mr. Leach moved to amend by striking out all after the word 'preside," in the second line, to and includng the word "and," in the fourth line. But the committee refused to so amend. On motion of Mr. Lovell, The word "present," in 5th line, section 2, was stricken out, and "elect" was inserted. On motion of Mr. Crary, Section 5, line 1, was amended by striking out "Executive," and inserting "Governor." Mr. Walker moved to amend section 6, line 2, by striking ou t "shall" and inserting "may." Which motion was lost. On motion of Mr. Williams, Section 6 was amended by striking out in line 2 the word "of," be tween "two-thirds" and "each," and inserting "of the members elect ed to." On motion of Mr. Hianscom, Section 6, line 2, was further amended by striking out "an address" and inserting "a concurrent resolution." lMr. Lovell moved to strike out in first line of section 7 the words justices of the peace and," and insert "all." Which motion did not prevail. On motion of Mr. Cook, The committee rose and by their chairman reported the articles back with amendments, asked the concurrence of the Convention, and to be discharged from the further consideration of the above named articles. 11 91 t, 82 IJOURNAL IF THE CONVENTION [June I1, The committee, through their chairman, reported back articles number 2 and 3 without amendment, and number 4 with amendments, inl which they asked the concurrence of the Convention. The committee were discharged from the consideration of the same, and Article -. Mode of amending and revising the constitution, being under consideration, the same, On motion of Mr. Bartow, Was laid upon the table. Article. Division of the powers of government, reported back without amendment, Was ordered engrossed for a third reading. The Convention having under consideration Article -. Impeachments and removals from office, The amendments made in committee were concurred in in gross. On motion of Mr. McClelland, /~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The article was further amended by inserting after the word "shall," in line 1 of section 3, the words "when an impeachment is directed." Mr. Walker moved to amend seetion 6, line 2, by striking out "shall," and inserting in lieu thereof the word "may," Which did not prevail. The article was then ordered engrossed for a third reading. On motion of Mr. J. D. Pierce, Article 1. Bill of Rights, was taken from the table, and the same being under consideration, The amendments made in committee of the whole were severally concurred in, with the exception of the one striking out section 28, which was non.concurred in by the following vote, the yeas and nays being demanded by Mr. Britain: YEAS M.W. Adams, MrGre,M.kinr W. Adams, J. Bartow, Asahel Brown, Butterfield, Carr, Comstock, Crouse, Daniels, Dimond, 25 1850.] TO REVISE THE CONSTITUTION. NAYS. Danforth, Eaton, Edmunds, Fralick, Gale, Gardiner, Gibson, Graham, Hart, Hascall, Hixon, Kinne, Leach, Lovell, Mason, McClelland, Moore, Mosher,e 'Mr. Anderson, PMr. Danforth, Mr. Orr, Arzeno, Eaton, J. D. Pierce, Bagg, Edmunds, N. Pierce, Barnard, Fralick, Prevost, Beardsley, Gale, Raynale, Britain, Gardiner, Redfield, Alvarado Brown, Gibson, Rix Robinson, Armon Brown, Graham, Storey, Bush, Hart, Sturgis, Chandl er, Hascall, Sulliva n, Chapel, Hixon, Towin, rChoate, Kinne, VanValkedburg, ChurLeacah, ait, J. Clark, Lovell, Walker, S. Clark, Mason, Webster, Conner, McClelland, W hittemore, Cook, Moore, Willard, Cornell, Mosher, Wooden, Crary, 55 On motion of Mr. Crary, The article was ourthe r amended in line 1 of section a21, by trie :,;ing out'the word "foreigner,"' and inserting in its stead "alien." Mfr. W-hipple mowed to add after the word ".contracts," in section i6, the words "or affecting the vested rights of private persons, or .etrospective in its operation." Pending which, On motion Of Mlr. Storey, Th-ie article was made the special order for T,huirsday next On motion of Mr. Danforth, 'The Convention adjourned. Afternoon Sess'or The Convention me; at half.-past 2 o'clock; when, on calling the yl a quorum being present, On motion of Mr. Crary, The Convention resolved itself ino committee of the whole olt Article -, Legislative Department, MA. Wells in the chair. PROCEEDINGS IN COMMITTEE. Mr. Fralick offered the following amendment to section 2: Strike out al after "districts," in third line, and insert "the Senate shall consist of not less than twenty-four nor more than thirty-two members, and -shall be elected for four years and by single districts.', 1 3 84 JOURNAL OF THE CONVENTION [June 17, Mr. Raynale moved to amend the amendment by striking out "four" and inserting "two." Which motion was not agreed to. Mr. Britain offered the following as a substitute for Mr. Fralick's amendment: Add to section two as follows: "and by double districts; Senators after the first election under this constitution to be elected from each half of the district alternately." Which was not adopted. Mr. Hllanscom moved to strike out all after "members," of tile amendment. But the committee refused to strike out. Mr. Chapel moved to amend the section by inserting between "Senators" and "two," the words "at least." Which motion did not prevail. The question then recurring upon Mr. Fralick's amendment, The same did not prevail. Mr. Bush moved to amend by striking out in third line the word "two" and inserting "one," and to strike out "four" in fourth line and insert "two." Mr. Moore moved to amend by striking out "two" in third line and inserting "three." Which motion did not prevail. And the question recurring upon Mr. Bush's amendment, The same was not agreed to. On motion of Mr. S. Clark, The word "two" in fourth line was stricken out and"one" ins serted. Mr. Bagg moved to strike out in third line "and by single districts." But the committee refused to strike out. Mr. Sutherland moved to amend section 3, by adding at the end as follows: "Each organized county shall be entitled to at least one representative." Mr. Chapel offered the following as a substitute: "Every organized county containing 2,00O white inhabitants shall be entitled to one representative."' Pending which, TO REVISE THE CONSTITUTION. On motion of Mr. J. D. Pierce, The committee rose, reported progress and asked leave to sit again. The chairman reported the same back to the Convention, and asked and obtained leave to sit again. On motion of Mr. Cook, The Convention then adjourned. Lansing, Tuesday, June 18, 1850. The Convention met pursuant to adjournment and was called to order by the President. Prayer by the Rev. Mr. Attorbury. Roll called, and members all present except those absent on leave. No corrections made to the journal. PETITIONS. By Mr. Hanscom: of Randolph Manning and 90 others, citizens of Oakland county, on the subject of the judiciary. Referred to the committee of the whole. By Mr. Comstock: of Israel Pennington, John IH. Osborn and 233 others, of Lenawee county, praying that the elective franchise may be extended to colored persons of this State; and that the word "white" be rejected wherever it occurs to the prejudice of colored citizens. Referred to committee on the elective franchise. By Mr. Kingsley: of 200 citizens of Washtenaw county, praying that the elective franchise may be extended to colored persons in this State. Referred to committee on the elective franchise. By the President: of Wm. P. Patrick and 9 others, that provision may be made in the revised Constitution for the location of the office of Adjt. and Qr. Master General and of the State Armory at the seat of government. Referred to the committee on the militia. 1850.) 85 86 JOURNAL OF THE CONVENTION [June 18, RESOLUTIONS. On motion of M r.' Leach, Resolved, That the state printer be instructed to forward by mail one copy of the debates in the Convention to each newspaper in thi, state. On motion of Mr. Cook, Resolved, That there be allowed to the Secretaries of this Convention three dollars per day each, to the Sergeant-at-Arms and Door Keeper three dollars per day each, to the Messengers one dollar per day each. On motion of Mr. McClelland, The Convention then resolved itself into committee of the whole and resumred the consideration of "Article 4, Legislative Department," Mr. Wells in the Chair. PROCEEDINGS IN COMIMITTEE. Section 3 of Article -, "Legislative Department," being under cone sideration, and the question being on Mr Chapel's substitute for Mr Sutherland's amendment, the committee, (in motion of Mr. White, Passed over section 3. On motion of Mr. Woodman, Section 4 was amended by striking out the first line, to the word "in,' and by inserting "The Boards of Supervisors." Mr. Van Valkenburg moved to pass over section 4; but the Col-a; mittee refused to pass over. On nmotion of Mr. Williams, The committee resumed the consideration of section 3, and the question being upon Mr. Chapel's substitute for Mr. Sutherland's amendment, Mr. Sutherland withdrew his amendment and offered the following: Provided, That until the next apportionment under the census of 1855, the counties of Saginaw, Tuscola, Midland, and Gratiot shall be entitled to one representative each; the county ofMackinaw and the counties thereto attached, to one representative; the counties of Chippewa, Houghton and Marquette to one representative. TO REVISE THE CONSTITUTION. Mr. White moved that the committee rise, report progress, and ask leave to sit again. But the committee refused to rise. Mr. Chapel then renewed his substitute, andi it having been accep. ted by Mr. Sutherland, the same was adopted. Mr. Van Valkenburg moved to amend Section 3, line 5, by inserting after "inhabitants," the wo,rds "and such colored persqns and. Indians as are taxed." Which motion did not prevail. Mr. Comstock rmpved to strike out "white," in fifth line, and insert after " inhabitants," the words "excludings Indians not taxed." And the question being upon striking out, The committee refused to strike out. Mr. Gale moved to insert after " inhabitants" the words "exclu. ding all aliens." But the committee refused to so amend. provided the county'from which it sepa. rates shall contain inhabitants. Mr. Willard moved that the committee rise, report progress and ask leave to sit again. But the committee refused to rise. Mr. F,alick moved to insert after counties, in 2d line, "but the expense of laying out, constructing, rand the tight of way of said roads shall in all cases be paid by the township in which said roads 'are laid out or constructed." JOURIAL-OF-THE CONVENTI0RI [July }i Which motion did not prevail. On motion-of Mr. Storey, The committee rose, reported progress and asked leave to sit againt The committee, through their chairman, reported the same back to the Convention and asked leave to sit again. Leave was granted. On motion of Mr. McClelland, The Convention then adjourned. Afternoon Session. Halfpast two o"'clock The President called the Convention to order A quorum of members in attendance. On motion of Mr. Cook, The Convention resolved itself into committee of the whole ok the general order. Mr. Eaton in the chair. PROCEiEDINGS IN COMMITTEE. The committee resumed the consideration of "Article -, County Officers and County Government." And the question being upon Mr. Britain's substitute for section 8, the same was modified by striking out "and provide for," and inserting after "power," in 1st line, " to authorise the." And a division of the question being called for, the committee refuised to strike out section 8. Mr. Hlanscom offered the following substitute for section 8. "The Legislature shall, by general laws, provide for the organiza.. tibn and, division of townships and counties; for the construction of bridges, the laying out of roads, and the erection of mill dams." Mr. Eastman moved to add to the substitute "and the removal of county sites." Which was not agreed to. MAir. Cook moved to strike out "and division."' But the committee refused to strike out. t64 1850.] TO. REVISE TI[E CONSTITUTION. The substitute was not adopted. Mr. Crouse moved to add to section 8 as follows: "whenever any board of Supervisors shall have organized any new township, they shall cause to be filed a certificate of the fact, together with the name and boundaries of the same, in the office of the Secretary of State." Which kid not prevail. Mr. Van Valkenburg moved to strike out "two-thirds" and insert 'majority:" anda division of thequestionii being demanded, The committee refused to strike out. Mr. McLeod moved to strike out section 9. But the committee refused to strike out. Mr. Fralick offered the following substitute for section 10. "Each Board of Supervisors may borrow, when necessary for the erection of public buildings of the county, or the building of bridges therein, any sum of money not exceeding 15,000 dollars in all, or nay raise the same by a tax; but no Board of Supervisors shall borrow or raise by a tax for such purposes more than $2,000 in any one year unless authorized by a vote of the majority of the electors of the county, as may be prescribed by law." Mr. Bush moved to strike out "borrow or," in 1st line of section l0. Which motion was disagreed to. Mvr. Morrison moved to strike out "2000" and insert "100Q0; and ,he question being divided, the committee struck out "2000." Mr. Moore moved to fill the blank with "5000.' Which was not agreed to. MIr. Rix Robinson moved to fill the blank with "2000." Which was negatived. The question then recurring upon Mr. Morrison's motion, the sl'nLk was filled with "1000." MIr. HIascall moved to strike out "of," where it last occurs in last line of sectionO10, and inisert "voting therefor in." Which was disagreed to. The question then recurring upon the substitute of Mr. Fralick, ind a division of the question being called for, the committee refused to strike out section 10. iim I 1)" JOURNAL OF THE CONVENMON [July il, Mr. lMcLeod moved to,strike out all after " counties," in 2d line of section. 1. Mr. J. D. Pierce moved-to strike out "alteration by,"' in 2d tih of section 11L aid;4"or otherwise,"'in 3d line. Pending which, on motion of M.t. J. Clark, The committee rose, reported progress and asked leave to st again. The committee, through their chairman, reported thei same back t, the Convention, andasked,leave to sit againo Leave, was granted. On motion of Mr. Skinner. The.Convention adjournedr Lansing, 7tursday, July 11, 1850., The President called the Convention to order at the usual hour. Prayer by the Rev. Mr. Atterbury. The roll being called, there was found absent with leave Messr. P. R. Adams and Leach; and without leave, Messrs. Daniels, Hath. away, O'Brien, Raynale and Witherell Journal approved. ABSENCE, Mr. Comstock asked and obtained leave for Mr. Daniels until Saturday next. PETITfONS,, By Mr. Tiffany. of the members of the bar,of Lenawee county, fora separate supreme court. Laid upon thle table. By Mr. lascall: of Charles E. Johnson and,b,, others,.citize-asof' Kalamazoo county, praying that the traffic in.ardent spirits..as a beerage be prohibited. Referred to select committee upon that subject. By" Mr. White: of HFenry Wheelock and 69'others, of Lamr county, for the equalization and collection of taxes. Referredto the committee on finance and taxation. 185s01 TO REVIE: ~HE CONST.TT!N By Mr. Fralick: of H, Warner.and 74 others, citize6&,of Waynecounty, praying for the adoption in!he constitution of an article pro. viding for smgle senatoril anid representative districts. Laid upon. the tble. RESOLUTIONS. M1 McClelland, proposed the following amendment to the 13th rule of the Convention: Add theretQ the words "which shalL!be the section or article under consideration, as the, Convention may direct." Upon wich, after some debate, Mr. McClelland moved the previous question; andi the,same being seconded, the main question was ordered to be now put. Mr. Gardiner asked the yeas and nays upon the adoption of the amendment;, and the same being demanded, the amendment was made by a two-thirds vote, as follows: YEAS. W. Adams Alvord, Arzeno, Axford, Backus, Barnard, II. Bartow, Beardsley, Beeson, Alvarado Brown, Ammon Brown,,. Burns, Butterfield, Chandler, Chapel, Choate, bChurch,, J. Clark, S. Clark, Comstock,., cook, Cornell, Crary, Crouse, NAYS. 'Hr.Ae, Eaton, I Ed~ndo ~, 7Q Mr. Anderson,. Baig, MIor,,.", Om. N-Ad Hiem, t68- JOURNAL OQFTHE CONVTITONt.N [July 11, J. Bartow, Gale, Robertson, Britain, Gardiner, E. S. Robinson, Asahel Brown, H-ascall, Wait, Bush, Hixon, Webster, Carr, Kingsley, Wells, Conner, 22 Mr. Cook pffered the following, which was laid upon the table: Resolved, That the committee on schedule be instructed to fix in their report the terms of the first officers elected under the revised Constitution, so that thereafter the election of all State and county officers shall take place upon the even numbered years, excepting such as may be made elective at the spring elections. Mr. Williams proposed the following: Resolved, That the committee on miscellaneous provisions be instructed to inquire into the expediency of inserting a provision in the new Constitution as follows: "The navigable waters of this State shall be common highways, and forever free to the inhabitants of this State and the United States." ; Mr. Morrison moved to lay the same upon the table. Which did not prevail. And the resolution was then adopted. On motion of Mr. McClelland, The Convention resolved itself into committee of the whole, on the -general order, Mr. Eaton in the chair. PROCEEDINGS IN COMMITTEE. The committee resumed the consideration of "Article-, County Officers and County Governments." The question being upon Mr. J. D. Pierce's motion, to strike out "no alteration," in 2d line of section 11, and "or otherwise," in 3d line, the same prevailed. The question then recurring upon Mr. McLeod's motion to strike X ouit all after "counties," in 2d line, The committee refused to strike out. On motion of Mr. Fralick, The words "for all services rendered for, and to be paid by, the counties," were inserted after 66 counties," in 2d line. 1850.] TO REVISE THE CONSTITUTION. 169 Mr. Bush offered the following substitute for section 11: "The board of supervisors shall have the power to settle all claims. for services rendered their respective counties, and from their final decision there shall be no appeal." Mr. Walker offered the following as a substitute for the substitute: "Sec. 11. The board of supervisors shall have the exclusive power to prescribe and fix the compensation for all services rendered for and to adjust all claims against their respective counties." On motion of Mr. J. D. Pierce, Mr. Walker's substitute was amended by adding "and the sum so fixed and defined shall be subject to no appeal." The substitute of Mr. Walker, as amended, then prevailed. The question then recurring upon striking out section 11, and the adoption of the substitute, The same prevailed. Mr. Robertson moved to amend as follows Add to end of section, "and the compensation of officers shall, in all cases, be fixed before their election, and shall not be diminished during their terms of office." Mr. WV. Adams moved to amend the amendment by striking out "diminished," and inserting "altered." i Which was disagreed to. Mr. Robertson's amendment was negatived. Mr. Bagg offered the following as a substitute for section 12: "The several boards of supervisors of this state may hereafter confer upon tile legislature of this state, such powers of local and general legislation and administration as they may deem proper." And the question being divided, the committee refused to strike out section 12. On motion of Mr. Cook, The committee rose, reported the article back to the Convention and asked their concurrence in the amendments made thereto. The committee, through their chairman, reported the article entitled " County Officers and County Government," with various amendments, in which the concurrence of the Convention was asked. 22 .JOUR;NAL OF; THE &CON V,NTION [July'1 -1 The committee was discharged fron further consideration of the Article, and On motion of Mr. C'Ook,.. It was laid upon, the table and ordered printed with amendments. Mr. McClelland called from, the table the article entitled " Legislative Department." And the question being upon concurring with the amendments made in comrnmittee of the whole, and The first amendment being under consideration, Mr. McClelland moved further to amend by strikingout the word "'. one," and inserting the words " not more than three." A division of the question being called, The yeas and nays were ordered upon the first, branch oif thesaxne, when On motion of Mr. Storey, The Convention adjourned. Af!ernoon Session. Half-past two,o'clock. The Convention was called to order by the President. And a quorum of members being in attendance, the consideration, of the article entitled "Legislative Department" was resumed; and the. question being on strikingpout, as proposed by Mr. McClellaand,. tha result was as follows: YEAS. Mr. Dimond, Eaton,, Gibson,, Graham, Hart, Marvin, McClelland,;. McLeod;, Mosher, Mowry, i, D. Pierce,, Redfield, NAYS:. M dMr Cornell, Danfobrthi, 170, Mr; Alvord., Arzeno, Bagg,, J. Bartow, Beeson, Butterfield, Choate, Church, J. Clark, Crarv, Crouse, Desn(yers, Mr., Roberts,: I;obertson,,; M. Robinson,, Rix Robinson,. Soule,. Storey,. S.turgis,. Sutherland',. Town,, Whijttemore,. President,. 'Mr. WH Adams? Anderson,. Mi. Newberry'.. Orr,. The first anendment made in committee by the following:vote: YEAS. MMt. Crouse, Danforth, Eastman, Edmunds. EF,ralick, Gale, Gardiner, Graham, Green, Harvey, Hascall, Ilixon, Kingsley, Kinne, Lee, Lovell,. Mason, Moore,. Morrison, Mosher, Mr.. W., Adams Anderson, Axford, .ackus,, Barnard,. H. Bartow, Beardsley, Britain, Alvarado.1,Brown,,. Ammon Brown, Asahel. Brown,. Burns, Bush, .Butterfield,l Carr, Chandler,. S. Clark, Comstock,, Conner,, Cook,. Cornell,, NAYS. Mr. Desnoyers,. M Eaton, G-ibmon. Mr. Robertson, M, Robinson, R~iX.R 48"*. was then concurrediin Mr. MOwry, Newberry, Orr, -J.. D. Ptere,. N. Pierce, Prevost, E. S. Robinsn Skinner,. Sullivan, Tiffany, Varn Valkenbu Wait, Walks, W arden, Webster, Wells, White; .Williams, Willard, Woodman) O1 ,,Mr. klvord, Arzeno,-. JOURNAL OFP THE CONVENTION [July1l2, J. Bartow, Hanscom, Soule, Beeson, Hart, Storey, chapel, Marvin, Sturgis, Choate, McClelland, Sutherland, Church, McLeod, Town, J. Clark, Redfield, Whittemore, Crary, Roberts, President, 30 Prior to the announcement of the result, A motion made to excuse'Mr. Chapel from voting was lost, and 4)n motion of Mr. McLeod, The delegate from Macomb was allowed the floor, When, after explanation, he recorded his vote as above. The second amendment being under consideration, Mr. Sutherland proposed to amend the same by substituting the following' " Provided that until the apportionment under the census of'1855, thie counties of Saginaw, Tuscola, Midland, Sanilac, Newago and Montcalm shall each be entitled to at least one Representative, and all other counties now or hereafter to be organized, to at least one Representative each, whenever it shall contain 1,500 inhabitants." Pending which, On motion of Mr. Church, The Convention adjourned. Lansing, Friday, July 12, 1850. The Convention met pursuant to adjournment and was called to order by the President. Prayer by the Rev. Mr. Sanford. The roll was called and there were absent on leave Messrs. P. R. Adams, and Leach. Without leave, Messrs. Danforth, Hathaway, O'Brien, Raynale and Witherell. Leave of absence was granted for an indefinite period to Messrs. O'Brien, Raynale, Hathaway and'Witherell. DEATH OF THE PRESIDENT OF THE UNITED STATES. Mr. Backus rose and said-I arise, Mr. Piesident, as well in respect forpublic feeling, as of the better sympathies of our common 11,72, 1850.] TO REVISE THE CON:STITUIOTI. nature, to the performance of a painful duty, in the formal announcement to this Convention of the death, of ZACHARY TAYLOR, President of the United States. This event took place- at, Washington, on the evening of the 9th instant. Sir, the inscrutible purposes of Providence in this afflictive di,. pensation deprivingthe nation of its chief ExecuLtive Magistrate, at ajuncture so big with events as the present, we can neither fathom or fully comprehend. The ebon wing of the Angel ofDeath is over the nation-her head. is smitten-he has bowed to the mandate of Omnipotence, "thou' shalt surely die"-he is numbered with the dead. But, one thing,., Sir, we can do. Draw instructions from the; monitions. of' this Prove. idence, that again admonishes us of man's mortality-that the great leveler o'f human distinction, Death, marks indiscriminately for his victim the high and,low, the great and small; that even a nation's cons fidence cannot shield its possessor from the-unerring shaft of death.. It teaches too, with the same unerring certainty, that he-who would be truly great must be truly good-that mortality can become impmortal alone by virtues that shall leave an impress on society when the mortod man shall be numbered with the- countless hosts, of" the forgotten dead. In making this announcement, I shall, sir, be permitted to say, that rot only the distinguished position,..but'the virtues of the man whose death it has been my duty to announce,.challenge from us and the whole American. people, deep sorrow for the national bereavement. The death of the Chief Magistrate of a.,iation is at any time and to any people a sad disaster;. to usf as a people, emphatically so. Not only from the peculiarly important" matters that now engross the attention of our national councils, but also at all times from the very nature and orgaization of, our form of government. With us the sovereignty of the nation is invoked to select from its citizens him who is to guard and guide, as the Supreme Executive, the national destines. None can exercise this delicate and responsible trust like him to.whom the trust is directly confided. Before this fearful stroke of Providence, the rancor and commotion of partisan strife must.sink back abashed, as seeing the hand of Him who doeth Hii pleasure in the armies of heaven,.as also. among the nations of 17?3, 4JOURNAL LPOF THE l NV O' [JuIy i2, -thee ~The better aid nobler feelings of our nature will predomnate, and all concur in one common sentiment to honor, in death, 'him, who in life the millions of our republic have loved to honor. This, Sir, is not the time or place for me to pronounce the eulo;gium of the illustrious dead; our fealings at this time are too nearly allied to despondency'to permit it. I shall, however, be permitted to say of his public services, in which almost from boyhood he has been engaged, his nation's banner has been borne by him in tri umph, and untarnished through all the "varied scenes of a soldier's life, with honor rto himself and glory to his country. His life preseonts an example worthy of emulation to all who may follow him, as (-omrbining the stern tenets of war happily blended with the milder sympathies of a good man and magnanimous conqueror. As a statesman, to which position the confidence ofthe American people in his integrity, by their free -suffrage elevated him, he brought to the councils of thelnation a heart uncontaminated with the .tricks of political manceuverers, and bent firmly and alone on an unwavering purpose to do his dutty; this part none will day. He has 'nobly and constntly aimedto perform with a single purpose to the public good. He will go down to the grave with the proudest title that man can bear-the unanimous sentiment of a great nation that he was an honest,man. As a man, his elements of character, as illustrated in his life, were all such as we must ever praise and admire. To those who knew him personally, his memory, as was his life, will ever be endeared by all the most pure and holy ties that can bind man to man; he was li)ut to be so-n and known to be admired and beloved; of unflinching integrity, untarnished purity. He is dead. The Angel of Death has smitten thenation; his history will become'that of the nation, who 'elevated him to the highest station within their gift. The present will with heartfelt sorrow lament him, posterity will do himnhonorhe was a great, because he was a good man. I hope, iMr. President, in testimony of our respect, and a nation's grief, under:.this sudden national calamity, this convention will now adjourn. Whereupon, Mr. Roberts offered' the following preamble end res.lations: 1:5.''O REVI:SE' THE CONSTI'TUTON. Whereat, a benignant and inscrutable Providence hath, in'its wis'dom, removed from the scenes of his usefulness and the great thea4re of human action, a renowned warrior, a distinguished patriot, and a beloved statesman, General ZACHARY TAYLOR, the President ,of the United States; it is Resolved, That this Convention, as a testimonial of their deep and profound respect for the memory of the deceased, and of their unaffected sorrow over this sudden bereavement to the Republc, will ,adopt the usual insignia of mourning. Resolved, That this Cornvention do now adjourn over until tomnorrow. And the same were unanimously adopted. So the Convention adjourned. Lansing,.Saturday, Judy 13, 1850. The Convention met pursuant to adjournment, and was called to order by the President. Prayer by the Rev. Mr. Sanford. Roll called-absent with leave, Messrs. P. R. Adamns, Hathaway tLeach, Raynale and Witherell; without deave, Messrs. Hixon, and Whipple. Journal approved. PETITIONS. By Mr. Cook: of John W. May and 81 others, citizens of Hillsdale county, asking that the new constitution may provide that -the legislature shall Save no power of authorizing the sale of intoxicating liquors as a beverage; also, By Mr. Gardiner,.two several petitions of 134 citizens of Washtenaw county,-praying for a like provision. Referred to select committee upon the subject. By Mr.'Williems: of E. C. White and 43 others, of Centreville, St. Joseph county, relativekto the right of suffrage. Laid upon the table. The Convention having reached the order of UNFINISHED BUSINESS, Resumed the consideration;f the article entited " Legislative Deipartment." *'JOIURNAL', OF'"THE: CO"VENTI [July The question being upon Mr. Sutherland's amendment,;the same -was withdrawn. Mr. Crary moved to amend the amendment made in committee by striking out the words "containring 2000 white inhabitants," and in.serting in lieu thereof, the words "at the time of the,adoption of this constitution." Mr. Morrison asked a division of the question, and the yeas and nays were demanded on the motion to strike out. Mr. Alvord moved that the Convention adjourn. But the motion did not prevail. The question being on striking out, as proposed by Mr. Crazy, it was decided in the affirmative, as follows: YEAS: Mr. W. Adams, Mr. Crary, Mr. Mowry,. Alvord, Crouse, Orr, Arzeno, Danfoith, J. D. Pierce, Bagg, Desnoyers, Prevost, Barnard, Dimond. Roberts, H. Bartow, Eastman, Robertson, J. Bartow, Edmunds, M. Robinson, Beardsley, Gale, Rix Robinson, Britain, Graham, Soule,. Alvarado Brown, Hlanscorn, Sturgiq, Ammon Brown, Hart, Sutherland, Asahel Brown, Harvey, Town, Burns, Hascall, Van Valkenburg, Bush, Kinne, Wal,e r, Chapel, Lee, Warden, Choate, Lovell', Webster, Cliurch, Marvin, White, J. Clark, McClelland, Whittemore, Conner, McLeod, Willard, Cook, Morrison, Woodman, Cornell, Mosher, President, 6-a NAYS: Mr. E. S. Robinson Skinner, Storey, Sullivan, Tiffany, Wait, Wells, Williams,. Mr. Eaton, Fralick,.e Gardiner, Kingsley, Mason, Moore, Newberry, CaO'B.ien; t "I-7 - 6 Mr. Anderson, Axtbrd, BackLI,S, Beeson, Butterfield,, Carr, Chandler,.. S. Clark,, -85~]i TO REVISE THE CONSTITUTION. Comstock, Daniels, On motion of Mr. Hansc T'he Convention then adj Afternoon Session. Half-p'ast two o'clock. The President called the Convention to order. The ro'il being called, and a quorum of members being ill attend ance, The consideration of the article entitled ". L,egislative Department" was resumed, And the questionsbeing upon inserting the words "at the time of the adoption of this Constitution," proposed by Mr. Crary this morning, Anid the yeas,. and-; nays being demanded, the amendment was lost, as follows: YEAS: Mr. Danfo;th, H anscom, Lovell, Orr, Rix Robinson, NAYS. Mr. Crouse, Daniels,. Desnoyersl Dimond, Eastman, Eaton, Edmunds, Fralick, Gale, Gardiner, Graham, Green, Hart, Harvey, Hlascall Hathaway, a Kinne, Marvin, Mason,, Mr. W. Adams,r Alvord. Anderson, Axford,. Backus, Bagg, Barnard, H. Bartow, Beeson, Britain, Alvarado Brown, Aremon Brown, Asahel Brown, Burns, Butterfield, Carr, Chandler, Choate, J. Clark,, 1711,tl N.;Pierce,. Redfield, Withe'll",,. 2 9-r Mr. Arz-enoi Beardsley, Bush, Chapel" Ch,urch, Mr. Soule, Sturgis, Walker, Webster, N l14, Mr. Ne%vberry,. O'Brieia,, J. D. Pierce,, N. Pierce, Prevost, Redfield, R-obertson, E. S. Robinson, Skin, ner, Storey, Suillivan,. St4therlaiid, Tiffany, Town, Van Valkenburg,, Wait, Warden, Wells, Whittemore, 23, IU,It WA F:THBCEN TION [J~ly- S. C~; M' 1~ eleunwd;, Wiams. Comstock, McLeod, Willtd, Conner, Moore, Witherell, Cook, Morrison,' Woodman, Cornell, Mosher, President, - 4 Crary, Mowry, Mr. Lovell moved to stike,uthe balance of the amendment -made in Committee, and insert the following: Provided, That each County having an organized County Govern ment, and the territory attached thereto, shall be entitled to one Representative; and that each county hereafter organized,I and the territo,y attaehed: thereto, if any, shall be entitled to a separate rep-resentative when it shall have attained a population equal to a moiety of the ratio of representation hereafter established. Mr. Britain moved to,amend'the amendment of the committee of the whole by inserting after "county " the,words "with such terrifitory may be attached thereto."-' Which was decided not in order. A division of the question was had; on'Mr. Lovell'smotion, And the motion'to strike out prevailed-by the following, vote: YEAS: Mr. Anderson, Mr.'Cornell, Mr. iRedfield, Axford, i Daniels, Robertson, 'Backus, Desnoyers, i'E. S. kobinson, Bagg, Eaton,'1M. Robinson, H. Bartow, "Pralick, Skinner, Beardsley, Gardiner, " Storey, Beeson,',Grahan, Sullivan, Britain, Harvey, Tiffany, :Alvarado Brown, }-Iascall, Town, Ammon Browin, Hathaway, Van Valkenburg, Butterfield, IKingsley, Wait, 'Carr,:Marvin, Warden, Chandler,:Mason,. Wells, Chapel, McClelland, Whittemore~ S. Clark, Moore, Williams, Comstock, Mosher, Witherell, Conner, Newberry, Woodman, Cook, N. Pierce, President, 54 NAYS. Mr'W. Adms Mr.'ata, r r Orr, J. D. Pierce, Prevost,. l,l8 ~ass(X]:TTH:C~TI ON. * Hansconb u Hart, Kinne, Lee, Lovell,; - McLeod,, ?aqMborrison, Mowiry, O?'Brien, ,'The amendment was then adopted as folows: YEAS: ,Jr. Alvotd, Anderson, Arzeno, Axford, Barnard, H. Bartow, Beardsley, Beeson, Britain, Alvarado Brown, Ammon Brown, Asahel Brown, Burns, Bush, Carr, ' Chandle r, Chapel, Choa,e, Church, J. Clark, Comstock, Conner, Cook, Cornell, Crary, Crouse, Mr... J. D. Pierce, N. Pierce, Prevost, Redfield, Roberts, Robeirtson, M. Robinson, Rix Robinson, Skinnere -:Soule, Sturgis, Sulliv;an, Sutherland, Tiffany, Town, " Vaan Valkenburg, Wait. Walker, W arden, Webster, W hitfi'mor., W i~liars, Wil- id,:. Withe rell, WoQdman, Presideo 75 Mr. -Danforth, ,,Drani els, -Desnoyers, Dimond, Edmunds, Gale, Gardiner, Graham, Green, Hanscom, Harvey, ,f,Hascall, -Hathaway, Kingsley, ,Kinne, Lee, Lovel], Mar-vm, Mason, McOfelland, McLeod, Morrison, -Mosher, Mowry, Newberry, Orr,, . AYS:M-r. Eastman, Eaton, -Fralick, Hart, :l-r.. Adams, Backus, Bagg, B utterfield, S. C-lark, And the amendment as amended was then concurred in. The third amendment to the article was concurred in. The fourth amendment being under consideration, '179 Robortsa. ;Rix Robinson, Soule, "Sturgis, -smtherland, Walker, Webster, Whiie, MWillard, 37 "Mr. MoQre, Storey, Wells, White, Iit1 JOURNAL'OF THE CONVENTION [July 15, Mr. Hanscom moved to strike out "thirty-two" and inert "twenty two." A division of the question was called, And the motion to strike out was lost by the following vote: YEAS: Mr. J. Clark, Hanscoren, Hart, - McLeod,, Mowry, Newberry, Orr, J. D. Pierce, NAYS: Mr. W. Adams, Bacikus, Bagg, Beardsley, Britain, Alvarado Brown Ammon Brown, Asahel Brown, Burns, Bush, Carr, Chandler, S. Clark, Comstock, Conner, Cook, Cornell, Crouse, Danforth, Daniels,. M,r. Dimond, Eaton, Edmunds,. Fralick,. P Gale, Gardiner, Graham, Green,, Harvey,. Hascall, Hathaway,, Kingsley, Kinne, Lbee, Lovell,, Marvin, Mason, McClelland, Moore, Mr. Morrison moved to amend theamendment by striking out tir, last clause, being all after the weord'"inclusive" in the 2d line. Pending which, on motion of Mr. Gardiner, The Convention adjourned. Lansing, Monday, J.Sly 15, 1850. The Convention met at the usual hour and was called toa,order by the President. Prayer by the Rev. Mr. Tooker.. 190 ,4r. Alvord Axford, : Bariiard, B. Bartow, Beeson, Butterfield,, Chapel, Church, Mr.. N. Pierce, Roberts,, E. S. Robinso Rix Robinson, Sturgis, 'Warden, Web,-,ter, President, 2,t Mr. Morrison, Moshei,, (-)'B"rieti, Prevost, Redfield,, Skiritier, Sullivan, Tiffai)y, Town, VanValk,enburgh. Wait,' Walker, Wells, White, Whittemore, W'Iliams, Will-ard, Witherell, Woodman, ,57 1850.] TO REVISE THE CONSTITUTION. Roll called, and Messrs. P. R. Adams, Leach and Raynale were found absent with leave. On motion of Mr. Church, The journal of Saturday was corrected by striking therefrom the following: "Mr. Britain moved to amend the amendment of the committee of the whole by inserting after "county," the words "with such territory as may be attached thereto." "Which was decided not in order." PETITIONS. By Mr. Backus: of H. Eisnack and 20 others, naturalized citizens, praying that the elective franchise may not be extended to foreigners until they shall have been regularly naturalized as required by existing laws. Laid upon the table. By Mr. White: of C. A. Shaw and 103 others,.citizens of Lapeer, Oakland and Macomb counties, in relation to equalization and collection of taxes. Referred to committee on finance and taxation. REPORTS. Mr. Bush, from the committee on township officers and township government, submitted "Article -, Township officers and governmnent." The article was read the first and second time by its title, referred to the committee of the whole and ordered printed. RESOLUTIONS, MOTIONS, &C. Mr. Hanscom proposed the following: Resolved, That from and after this day the daily morning sessions of this Convention shall commence at half-past seven o'clock, A. M. Mr. White moved to insert "six,' in lieu of "half- past seven." Mr. Bartow moved to lay the resolution upon the table. Which was lost. A division of the question being had on Mr. White's motion, the question upon striking out was negatived. Mr. N. Pierce moved to strike out "half-past seven," and insert "four." ,181 JOU'RNAL;OF. TE GONENT)ON [ Juiy itli Mr. Woodman moved the Frevious question, which was demanded And the main question was ordered to be now put. The amendment proposed by Mr. N., Pierce did not prevail. The main question recurring,upon the passage of ithe resljution, it was adopted. Mr. Gie offered the following: Resolved, That the afternoon sessions of this Convention commence hereafter at 2 o'dock. Mr. Chapel moved to amend by inserting "one o'clck'. Mr. Alvord proposed to insert "twelve and a half" When, on motion of Mr. Axford, The resolution was laid upon the table. Mr, Storey proposed to amend rule 8 of the Convention, as follow,a In line 2, strike out the words "one hour," and insert "five minutes." On motion of Mr. N, Adams, The.proposition was laid upon the table. Mr. Van Vaikenburg presented the following, w-hicb, with the exception of the last resolution, had been presented by Mr. Axford, but withdrawn. Wkereas,. This Convention did adjeurn on the 29th day of June last past, until the 9th day of July instant, therefore, in the opinion of this Convention, it would be unjit to the tax payers of this state foir the members or offiers of this Convention to receive any pay from the public treasury of this state,during said adjournment; theie — fore, Resolved, That for and during said adjournment no member or of ficer of this Convention is justly entitled *to or sould receive any. pay during said adjournment, and that no mQoney hall be drawn fnromA the public treasury of this S tate for that purpose., Resolved, Teat the time members...of this body have spent unnec esarily out of the Convention durin-g,its sessions shall be deducted in the estimata.for their per diem allowance. On motion of Mr. Axford, The Preamble and Resolutions we.re indefinitly postponed, Mr. Woodman offered the following... 1$1.i ,] TO REI-SE.THEC lONTITUTfON.:. Whereas, It has been formally announced to this Convenion, that General ZACHARY TAKYLOR, late President of the United States, aeparled this life on the evening of the 9th inst.e And whereas, Not only the "distinguished psition, but the virtues of the man whose' death has been thus announced, challenge from us and the whole American people, deep sorrow for the Nation - al berea-emen;t" therefore, Resolved,, That.as a "testimonial.of the deep and profound respect for the memory of the deceased," and in.accordance'with a long. established usage, that a committee fof- be appointed by the Presi.. dent of this Convention to procure some suitable member of this body to pronounce an eulogy on the "life,and public services of General Zachary Taylor, late President of the United States." .Resolved, That said-. committee be, and hereby are instructed to make the suitabie, arrangements as to timeand plaoeb and reportto this'Convention in due time. The blank was filled with nine,'? And the Preamble and Resolutions adopted. UNFINISHED BUSINESS,. The Convention renewed the consideration of thy artice entitled I "'Legislative Department," And the. question being upon the. amendment proposed by MIr. Morrison to the.4th amendment made by tha,committe, Mr. Church mo'oved to amend the amendment by strikingoit all after the word "district." But the same was lost by the fllolwing vote: YEAS. Mr. Danforth, Hart, Hathaway,. NA'YS. M.Mr. Crouse, Daniels, Desnoyers,.rn Dimond, Eastman, Eaton, Edmundi. Fial1. E. 34r. Arze.no, H.. Bartowi, . Church, Y'r., R i k - R 6 b i n-'.q'o'n,, Sturgis,-., 81 Mr. W,!, A;,, Al-f'Ord, A n, d e-,,'r 6'0- i i,, ,. Ax,ford, Backusi - .-t 699i 6 Barnard,. Beardslefy; Mr Mo,*,ty,. - Newbe' I 0 w.'rie'ree, - - , Prevost,, Robertv&, f,. $6n,,, JOURNAL OF,THE- CONVENTION [July15i Beeson, Gale, Soule, Britain, Gardiner, Storey, Alvardo Brown, Gibson, Sullivan, Ammon Brown, Graham, Tiffany, Asahel Brown, Green, Town, Burns, Hanscom, Van Valkenburg, Bush, Harvey, Wait, ,Butterfield, Hascall, Warden, Carr, Hixon, Webster, Chandler, Kingsley, Wells, Chapel, Kinne, W hite, Choate, Lee, Whipple, .S. Clark, Marvin, Whittemore, Comstock, Mason, Williams, Conner, McClelland, Willard, Cook, Moore, Witherell, Cornell, Morrison, President, Crary Mosher, 77 The amendment proposed by Mr. Morrison was not agreed to. The substitute proposed by the committee for section 5 was then adopted. The 5th amendment being under consideration, Mr. Morrison moved to amend the same by inserting after " any county officer," the words "or the office of Supervisor of a township." Which was not agreed to. Mr. Church moved to amend by inserting after "militia" the words "post masters." When, after some debate, Mr. S. Clark moved the previous ques. tion, which was demanded. The main question was ordered to be now put. The same being first upon the amendment proposed by iMr. Church, it was rejected, as follows: YEAS: Redfield, E. S. Robinson, Rix Robinson, Storey, Sutherland, Tiffany, Town, Van Valkenburg, Wait, Wels,I 1,8-4 18o50.] TO REVISE! THE CONSTITUTION. Newberry, N. Pierce, Prevos, Comstock, Cook, Cornell; Crouse, NAYS Mr. Alvord, Anderson, Arzeno, Axford, Backus, ]H. Bartow, Beeson, Britain, Alvarado Brown, Armmon Brown, Burns, Carr, Chapel, Choate, Conner, Crary, Danforth, Mr. Daniels, Eastman, Eaton, D Fralick, Gardiner, Gibson, Graham, Hanscom, Harvey,' Hathaway, Hixon, Kingsley, Kinne, Marvin, C Mason, Morrison, Mosher, The substitute proposed by the committee of the whole was'then concurred in. The 6th and 7th amendments were severally concurred in, when Mr. Britain moved to reconsider the vote by which the 6th amend ment was concurred in. But the motion did not prevail. The amendments to the 15th and 16th sections of the article made in committee were severally concurred in. The amendments to section 17 being under consideration, Mr. J. Bartow moved to strike out the last clause of the section as amended, on which Mr. Britain asked the yeas and nays, and the Convenfion refused to strike out by the following vote: YEAS. Mr. Hanscorm, Roberts, - Storey, Mr. Sutherland, VanValkenburg, Whipple, I I,., 10, NAYS. Mr. Daniels, Dimond, 24 Whipp-,Ie,. Williams,. Woodman, 40 Mr. Mowry, O'Brien, J. D. Pierc, Robertson M. R Robinson, Skinner, Soule, Sturgis, sulliv6n, Walker, Warden, Weber, White, Whittemore, Willard,, Witherell, President, '51 I Yir. Alvord, J. Bartow, Butterfield, Carr, Mr. Newprry,,:, O)Briep,,.. Mr. W. Adams, Anderson, ornell Mosher, Woodman, Grouse, Mowry, President, Danfortb, The amendments were then sevel1y concurred in. The amendment to section 19 being under consideration, Mr McGlelland moved to strike out, and substitute the following: "Recve the same per diem compensation and mileage as mem. bers of the Legislature,and no more." The amendments to'sectios o0 nd 25,eesvrll ~cre in. To the amendment proposed:to section25, Mr. Gardiner moved-to strike out sub,.divisions2 and 3, And a divigioi being had, The Convention refused to strike out. The amendments weie then,concurred in. The amendments to,sections 26 and 27 were likewise,severally concurred in. Section 28 being under consideration, Mr. McClellad moved to amend 4he amendment by strikinout tie words " chaplain or."' Pending which, On motin:fi Mr.- Danforth, The Colvention adjourned. Arzeno,, Axford,' Barnard, Britain, Alvarado Brown,, Ammon Brown, Asahel; Brown,. Burns, Bush, Carr, Chapel, e Church, J. Clark,, Conner,,. Cook, Cornell, WAYS.t M-r. Harvey, Hixon, Lovell, Marvin, Mason, eMcClelland, Moore, Morrisbn, - J. D. Pierce, N. Pierce, Prevost, Robertson, Ri n. Se Robinwa M r. Anderson, Backus, Bagg,.: H. Bartow, Beeson, Buttergeldi; Chandler, Choate, S., Clark, Comstock,, Danfiorth, Daniels, Gibs-on,. Hart IJesnoyers, Dimond, Eastman, Eaton, Edmunds,.. Fralick, Gale, Gardiner,, Graham, Green, Hanscom,-.; Hascall,Hathaway,. Kingsley,., KWinne, 171.U W 1-y p O'Brien," Orr, Redfield, Roberts,, - - Ri2x Robinson, Soule, Storey,",I Sturgis, Town, Walker,. Warden,', Wells, Wilard,. Woodmun,., ..5'1. M'r, M. Robinsonw,: Skinner, Sulli'an, Sutherladt Tiffany, VanValke!nburg., Wait,. Webs,'er,. White,. Whittemoreo, Williams, a Withe'tell'," s-,.Pklat~,. 40 168 JOURNAL OF THE CONVENTION [July 15, The amendments made in committee to sections 29, 32, 33 and 34 were severally concurred in. The amendment to section 36 being under consideration, On motion of Mr. Cook, The same was amended by striking odt "February," in the 2d line, and inserting in lieu thereof "January." Mr. Church moved further to amend by inserting after " January," the words "in 1852 and." The yeas and nays being ordered upon his motion, the same was lost by the following vote: YEAS. Fralick, Hanscom, Lee,e Prevost, NAYS. Mr. W. Adams, Mr. Desnoyers, Mr. Alvord, Dimond, Anderson, Eaton, Arzeno, Edmunds, Axford, Gale, Backus, Gardiner, Bagg, Gibson, Barnard, Graham, Beardsley, Green, Beeson, Hart, Britain, Harvey, Alvarado Brown, Hascall, Asahel Brown, Hathaway, Butterfield, Ilixon, Carr, Kintigsley. Chandler, Kinne, Chapel, Lovell, Choate, Marvin, S. Clark, Mason, Comstock, McClelland, Conner, Moore, Cook, Morrison, Cornell, Mosher;, Danforth, Mowry, Daniels, Newberry; The amendment of the committee was then ccr The amendment made to section 37 was also c Mr. Ammo,n Brown, Mr. Bus,h, Chu'rch, Crou' IV-fr. Roberts, Sullivan, 11 Sutherland, Van Valkenburg 12 Orr, N. Pierce, Redfield, Robertson, E. S. Rohinson, M. Robinson, Skinner, Soule, Storey, Sturgis, Tiffany, Town, Wait, Walker, Warderi, Webster, Wells White, Wilittlemore, WilliamsWillard Witherell Woodiiian, PresideiiL 74 M( (Ulelland,r Roberts, Robertson, Rix Robinson,. urary, Eastman,. Ednmuads, Gardiner, Gibson, NAYS Mr. W. Adams, Mr. Cornell, Anderson, Crouse, Arzeno, I)anfortl,e Axford, Daniels, B hc -'kus.;, Desnoyers,r Bagg, Dimond, Barnard,' Eaton, :Rritain, Fralick, Alvarado Brown,. Gale, Ammon Brown, Graham, Asahel Brown, Green,, C,,arr, Hart, Chandler, Harvey, Chapel, Hathaway,. Choate, Hixon, J. Clark, Kinne, S. Clark, Marvin, Comstock,, Mlason, Conner, Moore, Cook, Morrison, On motion of Mr. Walker, The amendment was amended by adding thereto the, following: "'Excepfor the-publicat'ion 6f sutch' general laws as are by the di — Warden, AW14hite, Whilpple, William s, 28 Mr. Moosher, Mowry, Newberry, O'Brien, Orr, N. Pierce, Prevost, Redfield, E. S. Robinson M. Robinson, Sturgis, Townl, Wait, Wealker, Webster, Wells, Whittemore, Wiliard, Woodman, President, #4 60 IJ NAL O THE ONr TIIO [Jy li rection of the Legislature.to take effect. within less than n ty days a fter the,paseae thereof." The amadamni mo in committoe -was tha conacnre ia as ,amended by thefolowing vote' YEAS. Mr..W Adamsn Arzeno, Axford, Backus, Bagg, Barnard, -,Beardsley, Beeson, Britain, Alvarado Brown, Ammon Brown, Burns, Bush, Butterfield, Carr, Chanrdler, Chapel, -Choate, S. Clark, Comstock, Mr. Mxrisp.o, Mosher, N. Pierce,' Prevost, Redfield, E. S. Robinson, M. Robinson, Skinner, Sturgis, Tiffany, Town, 'Walker, 'Warden, Webster, WVhipple, Williams, ::~Willard, Witherell, "'- oodman, NAYS. r'Mr. Hanscom, Harvey, Lovell, MeClelland, Moore,' Mowry, Newberry, O'Brien, . J. D. Pierce, r Roberts, fRobertson, Mr. Mason' moved to'idjourn, But the Convention refused:to,tdjourn. Mr. Hanscorn nmoved' that the article entitled mwent,"'be recommitted' to the commirn-ttee on that department with instructions' to amend the same as follows, and report said article back to the' Convention forthwith, viz: 1. -Strike out section 2 and insert in lieu thereof the following, M.r. Conner, Cornell, C'robLse, 'Danforth, Desnoyeres .Dimond, Eaton, Edmunds, Fralick, - Graham, Green, Hart, Ha.scall, Hathaway, '"Hixon, Kingsley, Kinne, Lee, Marvin, Ma-son, '5 b9 !T r. Alvord, Ht. Bartow, Asahel Brown, Church, Cook, Crar y, Daniels, 'Eastman, Gale, Gardiner,. Gibson, :Mr..Rix Iobins, Soule, Storey, Sullivan, Sutherlan'd, -Van Vdkenburg, "Walls, W hite, Whittemore, .!:President. 8'~ i I' Legislative Depart >:8S5']'TO REgVE. THE COSTITUTIOX. "The.numberof Representa tives shall not exceed eigbty, nor be less than fifty, to be elected by single districts and for two years~ ;The Senate shall consist of twenty-four members, to bel elected in such manner and for such term as may -be prescribed by law."' 2. Amend sections3 by striking out the following. "Provided, That each county having-an organized county govern. ment, and the territory attached thereto, shall be entitled to one rep.resentative," and insert as follows.'"4Provided that each county whose organization on the first day of "January, A. D. 1851, shall -have been perfected by election of county officers, shall be entitled -to at least one Retpresentative." '-3. Strike out section "5, and insert in lieu thereof the following: "The state shall be divided into Senate districts, and in the forma:ion of Senate districts no county shall be divided" 14. Strike out.of section 15'the words " two-thirds,"' and insert "',a majority,"' where'the words occur in thesection. '5. Strike out all of section 1 7, up to and including the word "'there*after," in the 3d line, and insert the following: "Compensation of the members o'f the:Legislature shall not exceed three dollars per day for actual attendance, unless absent by reason of sickness; and after the -session of 1851 such compensation shall not extend beyond the >first sixty days of the session." 6. Amend section20 by striking outr the -words, at the end of the -section, "and for one year thereafter.' 7. Amend section -23 by striking,,out the words;'"all -'the members elected to," in 3d and 4th line of said section. 8. Strike out of section 2.5 all after'the words " by law,'" in the 5th line, down to'anddincludinglthe word' oath," at the.-end of:.the 17th line. 9. Strike out section"38 and:insert as follows: All general, laws shall be, published in two of tie newspapers having the, largest circulation published in the city of Detroit, and also in the newspaper having the largest circulation,;published at" the seat of.governnet of' the State. Mr.t arcom moved to adjourn; when, by consent; the Presift announced the following committee, under the resolutio of this morni-ng: 'I'll JOURNAL OF THE CONVENTION [July 1i Messrs. Woodman, Backus, Roberts, Williams, Comstock, Whipple, Butterfield, Rix Robinson, Kingsley. The motion to adjourn was lost. But, after some discussion, On motion of Mr. Roberts, the Convenrtion adjourned; 0 Lansing, Tuesday,: July 16, 1850 The Convention was called to ordaer by the President at half-pastseven o'clock. Roll called-absent with leave, MVessrs. P. R. Adams, Leach and Raynale; without leave, Messrs. J. Bartow and J. Clark. PETITIONS. By Mr. Hascall: the argument of Joseph Miller, Jun., and others, members of the Kalamazoo bar, requesting their delegation to. use their efforts in favor of an independeat supreme court.. Laid upon the table. The Convention arriving at the order of UNF'INISIED BUSINESS, Resumed the consideration of the article entitled "Legislative Der partment." The question being upon Mr. Hanscom's proposition to recommit, it was, by consent, passed over. The amendment of the comnmittee to the article, striking out the 39th section, being under consideration, Mr. Van Valkenburg proposed to amend the section by striking therefrom the words " drink or. beverage," and insertiing the following. "except for mechanical.or medicinal purposes; and all traffic in said articles is hereby forever prohibited except for the purposes aforesaid."' A division of the question was had, and the motion to strike out prevailed. Mr. Van Valkenburg then withdrew his proposition to insert. Mr, Britain moved to add to the section the words, "and this sect tion shall be submitted to the people as a separate question." And the yeas and nays being had thereon, the amendment did nat. prevail, as follows: i92 Hixon, - K'mgley,.? hKinne,', Lee,'' Lovell, a rMarvin, Mason, M/-CCeUand;h Grouse, Me~~~,Ji~eod7 hpl, Moore,, . Morrison, Mosher, -, Mowry,;.-e Bush,.... "' Cha'nd64e — Church,:.",! Comstock,,-., Conne'r, Cornea-, C~ary, Grouse,... Danfo rth,' De~snoyers,Dimenad,:,. Eastman1, Eaton, Mr. vihn Valkenbia'-:;.hte.retnwed his.proposition, but the same was negatived by t' ol!owing vote: YEAS. MMrJ Mowry, Robert,% Rix Robin son, Skinner?.... Mr. HS/Barto w,e Bit~terfield~, .Frolick, GOardiner',? L oveHl, NA::Y$. MMr. C rouse,- r Danforth, Desnoyes,t Dimoo, I Eaat~m,,, aMr. Mosher, I Newberr,y, J. D. Pi~er'o, Pietce4 25"; Skinnewo - oule,,.... - Suthgerland, Tfffany, 17'au~stkedn13s4 Warden,. White,-~ Wh~ipplie, Whittemore,Williams, Woodma-n, Presidena~ 64 Mr, Sturgs iknbr, Well%, P residents, is Mr. -W. Ada~ms, .Aivord, An,de'rson, Akrze,-no, A.ford;, "The question'"theit bei-hg on conturring with the committe of the ,whdle in striking out the section, (-,9th,) the yeas and nays,'ere or dered, with the folloting result: YEiAS. Mr. Alvord, Arzenbo, Axford, Beeson, .Britain, Amnmocn Brown, Chapel,...;. Choate, Church, :I7r. E. S. Robinson M. Robinson, Rix Robinson, - Store n, Tiffany-, Town, Walker, W.itherell, .President Mr. Cook, Danforth, ODesnoyers, nI athaway, ;McCl e,and, Mosher, Redfield, Ro, Robertson, NAYS. sMr. Eastman, Eaton, E'dmurds. iFral:dk, Gale, 'Gardiner, Gibson, Graham, Green, ttanscom, Hart, Harveyi Hascall, ha-ixon, Mr. W..4daa, t Anderson, -Backus, Bagg, IBarnard,. H. Bartow., i.Beardsl&y, .:Alvarado Brown., &sahel Brown., Burns, B-ush, Butterfield, Carr, Chandler,. 'Mr.. lmxeson, Mowry, Newberry, O'Brien, J. D. Pierce, N. Pierce, Skinner, Soule, Sturgis, Sullivan," Sutherland, Van Valkenburg, W arden, Webster, :', T IGw.RW.- E.T: -,iCO N$ TITUION, '. Clark, CormstoCk, Conner, Cornell, Crary, {)touse, D)aniels, !)imond, W1118,,: White, -..-... Whipple, Whittenmore, Willianis, o Willard,- " > . Woodman, < So the amendment was non-concurred in. .On'motion of Mr. MceClelland, Seoon 2 of the article was:amended by striking out in the la.t -;tine the word "four," and inserting "two" in lieu thereof. -Mr::fHanscom's propositioni to recommit the artiole with intruc tions being under consideration, A divisioiilof-the,,question.a ordered, and the wo first ta upopn recommitting, and the same was lost, by the following vote: YEAS. rMr. Hnscom, Hart, C'h h cLeod, J. D. Pierce, Roberts, Rix Robinson, NAYS. Mr. Daniels, Desnoyers, Dimoad Eaton, Edmunds, "Fralick, -Gale, Gibson, Graham, ' Green, Harvey, 'X'ascall, HathaWay, ~Hixlon,: Ki nsley, Kinne, Lovell, M, avins, Mlkson, ,..cUtland, t ,-Mr.'N. Adams, Anderson, Axford, 1-3,atkus, ;iltrnard, 41. Bartow, Beeson, 'B}ritacin, .Alvarado Bro, .,Ammon. Bro,wx, ,Bu rns, ~:']utte-rfie.ld,''arr,, 'Chandler, Chapel, Choate, S.:Clark, Comstock, IK - Kingsley. Kinne, Lee, Lotvell MI arvin, .NcLeod, ~ Moore, Ie5 Mr.,Alvord, . Beardsley, 'burch, ,Crary, Crouis, Eastman, Mr. Stoe, Sturgis, Sutherland, W hite, Whipple, P President, ,Gardinoer, r,Mowr.', New er ry Red6eld, Robertson, E. IS. Rso{:, M. Robinson, Ski~nner?. Soule,, Sutivan, ~ -- .'3 turn:' *t 106 JOGU[AL,-h xi DJuly M. Conns, M~r~, Withal, Cook,. M6rrison, Woodmed Corne;, Mosher, 68 Mr.'Stttfrla moved that the vote by wh.h the Convention conourred in the amendment maddin committee,to section:3, be reconsidered. During the discussion of ethe. question, and while,Mr.,]ason had the floor, Mr. Roberts raised,a point of-order, "that the gentleman from St Cair asserts an untruth in stating that the-is no organized county in the Upper Peninsula."' The President decided Mr. Mason in ord.r, and he proceeded with is remarks. At this stage of the proceeding, Mr. wer!and withdrew his mo tion. On motion of M. IL,ovell, Section 3 was amno)ded by addingthereto4he follbwing: "'and that-. each county having-said ratio, and a fraction over,.equal to a moiety of said rotio, shalt be entitled to two Representatives; and so on above that numbe-r g.iving one-additional member,for each' additionat ratio." Mr. Mison moved to amend the section by adding thereto as follows: "The counties of Newaygo, Tuscola and,Midland shall be en — titled each to one Representative. Mr.'Mllia offered the following as an amendment to the amendment: "Teo unties of Sa;nilac and Huron shall be entitled ttone Reps resentative; the county of Tuscola shall be entitled to ofe&Representatve; the counties of Saginaw, Midland, and the territorythereto-at tehed, shall be entitled to one Representative;,. the! counties of Montcalm, Gratio, and the territory thereto attached, shalal d' entitled to one Representative; the counties of Newaygo, Oceanna, and the territory thereto attached, shall be entitled to one Representative; and the counties off Marquette,,lbughtou, Soolcraft-and Ontona-. gon shall be entitled to one Representative."' WhMe, on motion of Mr. J. E1 F, The,Convention adjiuned. feati] T RFVILE 1THE 7C' N, AerXn & T- Convenlbn was called to order bythe Prsidmt. A quomrum of obers in attendance. The considertion of the article entitled-" Legislative Departfent," was resumed. The question-beiog upon the substitute proposed by Mr. Williams :for the amnlr ment of Mr. Mason; it was modified'to read as Bllows, and then accepted by Mr. Mason: "And provide& that the county of HuIon shall be attached td S'an ilac, anf tbgetber they shall be entitledto one Representative; the county of Tuscola shall be entitled to one Representative; the ounties ef Gratiot, Midland and Saranac shallbe entitled to one Rere sentative; the county of Montcalm and the counties thereto attached shall be entitled to one Represenrtative; the counties of Newaygo, Oceana and the counties thereto attached, shall be entitled to one Representative; the countiesof Houghton, Schooleraft, Marquette and Ontonagon shall be entitle to one Representative; and the county of Delta shall be attached to Mackinac, and together theyshall be ,entitled to one Ri.resentative." On motion of Mr. Roberts, The foregoing was amended by striking out so much Usrelated to the counties of Marquette, Schooleraft, Houghton, Ontoagon, Delta and Mackinac. And the question being on the adoption of the amendtment as amended; it was not agreed to. Mr. McClelland proposed the following as a substitute for the sec tion: "3. The Legislature shall provide by law for an enumeration of the inhabitants of this State iu'theyeat eighteen hundred and fifty fiv, and at the end of every ten years thereafter; and at the first session after each!-enumeration so made, and also after eachenumeration made by the authority of thee United States, the Legislature shs'aupportion anew the -Representatives and Senators among the several counties'and distriets, according to the nutmber of white inhabitanw; which apportionment sha,eemnain unaltered until tho.Tturn ,of anotheir'enutneration. Every orgaed county, whifi"'withi the 107 JOURNAL OF.:0 ~N [TiyvX6 territory that may be attached thetto -for, representative purposes,. shall contain 2,000 iinhabitants, shall be entitled to one Represeta- - tive; and it shall be competent for. the Leslature to author'e an enumeration of the inhabitants. of such county or territory.i such manner and at such time as they,nay deem fit." On motion of Mr. McLeod, The proposition.was amended.by inserting after the word "whiteinhabitants," "and civilized persons of Indian descent, not member. of any tribe." Mr. Sutherland. proposed furtir to amend by adding:. "Provided, That-,Tuscola shall beentitled to one Representative;. Midland, Gratiot and Saranac,, one Representative; Newago and. Oceana, poe representative; Sanilac one representative; Montcalm.. one, representative. Which ws disagreed,to, as follows-: YEAS. Mr.,. W. Adams, Alvord, Arzeno, Bagg,E" Barnard, H. Bartow, Burns, Bush, Chandler, Chapel, Church, J.,Clark, Crary, Crouse,. NAYS. Mr,. Cornell, Daniels, Desnoyers,. Eaton, Fralick, Gibson, r Green,. Harvey, Hascall, 'Hathaway;:, Kinne+. Marvin,, M. O'Brien, N. Pierce, R.edfield, Robertsonf,. E. S. Robilnson, Storey, Sulliyv~an, Van.Valkenbuig,. We6ster, Wells, Whiuemore, W.illiams,.. 40 Mr. Anderson, Axford,;' Bac,akusi. Beardsley,. Beeson, I Britain, A.Ivaratdo Brown, Ammon Brown,. Asahel Brown, Buttbrfi,l'd, .Carrt. GI%Oa,*" ~S~O.}.X: TO*.REVISE THE ()ONSTITUI'ION.q ~ Clark, McClelland, Willard, Comstock, Moore, Witherell, Conner, Mosher, Woodman, Cook, Newberry,.. 4' Mr, Chapel moved to strike,out"2,000;', and., insert "1,509"in lieu thereof. Butt the Convention refused;.to, strike put. - Mr. vcCleliand' modified hi proposition by insering - 1509 " it. lieu of "2000."? Mr. Storey moved'ta striokeOut;:" 1500" and insert,2000." Which was not agreed to. The yeas and nays being.d"nandTed d.n,the adoption of..the sub. stitute, the result wv-as follows: YEASe rW a, Crary, Crouse, Danforth, Dimond, Eastman,,.e.. Edmunds,, lr Gale, Gardiner,. Hranscom,. Hart, Kingsley, Kinne, Lovell, Marvin, i e Mason, McClelland,.. McLeod;,. Mowry, Orr, NAYS. . eMr. Desnoyerq,. Eaton,. Fralick, N... Gibson, Green, Hqrvey, M. Hascall, Hahaway, ~ Hixonl, Moore, DaiMoer,t l M r, W. Ada ms, Alvord, .Arzeno, Barnard, H. B]artow, Britain, Alvarado Brown.. Asahel Brown, Burns, BUsh, Butterfield,.! Chapel,. Choate', Cnurch, J. Clark,,., Comstock-,. Conner, - Cook,.. Cornell; Mt'. J. D. Pierce, Robertson, Rix Robinson, Skinner,, Soule, Storey, Sturgis, S t herland, Town, Walker, Warden, Webster,-. White, Whipple, W.hittemore, Williams, Willard, Wopodman,.. ~ 56, Mr: Andersou,,. Axford,, Backus, Bagg, Beardsley, - Beeson,. rAmmon Brown, Carr,, Chandler,,... S. Clark., Daniels, Mr. Newberry, O'Brien, N.~ Pierce, Redfield, E. S. Robinson, M. Robinson, Sullivan, Tiffany, Van Vale:n brg, W thlls, Witherell,> 33k::i JOURNAL' CF T.Hi CONV:ET-O, [July 17, So the subititut proposed By r;. MeClelland for setion 3 was agreed too, On rntlon o' f Mr. Danforth, The Convention then adjournM. Lansing, Wedesday, July 17, 1850. The Convention met pursuant to adjournment and was, called to order by-the President. Prayer by the Rev. Mr. Atterbury. The roll being c}aied, there. werpe absent with leaves Messrs. P. R. Adams, Leach and,Raynale; without leave Messrs J. Bartow, McClelland and Prevost. COR-RECTION-OF THE JIOURAL. Mr. B13taia moved to amend the journal of yesterday by inserting,afer tile substitute proposed by Mr. McClelland to section 3 of the article-entitled "Legislative Departmnent," the following, viz: Mr. White proposed the fo4lowing as an addition to the substi"tute, which,'after some debate, was withdrawn. "'Provided that each county whose organization on the first day "of Jahuary, A. D. 1851, shall have been perfected by election of ' county officers, shall be entitled to at least one representative,'" On this wrreoion Mr. Britain asked the yeas and n'vs, And the jurnal was ordered corrected by the following vote: YEAS: Mr. W- JAams, Mr. Danforlb, Mr. Mosher, Alvo.r, Desaoyers; Mawry, Andersn, Eaton, Newbery;, Baaksa,. Edmunds, O'Brien, Bagg, Fralick, N. Pied, Barnard, Gale, Redfield, H. Bartow, Gardiher, Robertson, BeeSon, Gibson, Skinner, Britaii,i Graham, Storey, Alv ritd? Brown, Green,' Sullivan, Asahel D'own, Hanscm, Town, 1~o, t~IHart, Van Valken.b urg, '~, ~~ Harvey, Wait, Carr, HIasall,'Walker, Chandler, Ha away, Warden, ~ C(ark, Hixon, Wells, Comstocl. Kingly, White, 294 5~.] - TO RRVIE THE. ONSTITUTION., CeKin', Marvin, Moor.e, . Morrison, NAYS: t e, Danels, Dimond, o Mason,' err, 2J. Dl,Pieree, CRoberts, F. S. Robinson, On,motion of"Or.'.UD. Piere, TheSournahlwas ordered corrected by the insertion of all amendments. and substitutes yesterday proposed ang0withdrawn. On,motion of Mr. Britain, The journal was corrected as follows: "Strike out from'amendm ent of Mr.,McLeod!to:~r. McClellandZo "substitute for section 3,*, not members of any, tribe,' and insert as follows: "Mr. Britain moved to amendM the amendment,,by adding thereto "'not members of any tribe,'twhich was accepted by the mover." On motion of Mr. Britain, The journal was further corrected by: inserting after the amendment proposed by Mr. White to the substitute -or section 3 offered by Mr. McClelland, the follwing, viz: "Mr. Britain moved to amend the.,amendment by inserting after "'officers,''and such territory as may, be attached thereto for repre"sentative purposes,' which was accepted by the mover.4' Mr. Sutherland move'dtoacor.rect the,jour,nal of yesterday so.that it would read as follows: "Mr. Sutherland moved that the:o.te by which the Convention "concurred in the amendment made in committee to section 3 be "reconsidered, for the purpose of ofering a substitute." Which was withdrawn. Mr. Van Valkenburgh moved that the journal of yesterday be corrected in which he, is made to withdraw his motion to amend section 39 of legislative department. The motion did not prevail. LEAVE OF ABSENCE. Mr. Lovell asked and obtained leave of absence for Mr. Prevost 26 201 Cook, Cornell, Crouse, '. Whirtemore, .Willard, ', Woodman, 63 :. Mr. Rix Robinson, .. Soule, Sturgis, Sutherland; Tiffany, Williams, . President, Mr.. Azeno Axford, Beardsley, Butterfield, Colate, Church, 'Crary, JNI,NAL OF:-THFE CONVENTIO' [July 17f until Satsr day; and Mr. Hixon for Mr. McClelland for an indefinite period.) PETiTIONS. By Mr. Moore: two several petitions of sundy inhabitants of St; Josoh.county, praying that the legalization of the, traffi~ in ardou spirits may besprohibited; also By Mr. Wells: of A. U. Mack and, 73 others, and of Asa B. Brown and,,1 others, citizens of Kalamazoo county, prayinga like prohibition. Referred to select committee upon the subject By the President: of Mrs. L. J. Cardwell and 1385 others, Daughters,of Temperance in the village of Almont and its vicinity, praying that a clause may be inserted in the revised cQnstitutiqn, prohibiting the manufacture, importation, and sale of intoxicating liquors fQ.ar other than medicinal and mechanical purposes. W~hich, on motion of Mr. Yan Valkenb'urgh, Was referred to the select committee upon the subject. Tile President presented a resolution adopted by the common coun, cil of the city of Detroit, requesting the incorporation of a provision into the constitution preventing banks, rail roads, and other incorporations from being exempted from municipal and county taxes. Refrred to the committee on; finance and taxation. Mr. Tiffany, from a majority of the -committee on exemptions and,? the rights of married women, submitted a report aeeomfnied. by.arr article, entitled " Rights of Married Women." Which was laid upon the table and ordered printed. MOTIONS,. RESOLUTIONS, &( Mr. Van- Valkenburgh presented the following protest:, - Whereas, it is made to appear, by the journals of' yesterday; that I withdrew my amendment to section 39 in the' article. Legislative Department, And whereas, it was my intention to withdraw'only' my demand for the yeas and nays, and,not the original amendment ofi'ered by me, I therefore protest against the position in which I am made to appear. ,anthe. said journal. J. VAN VALKENBURGR.. 209 1350.] TO R]VISE iHE;lCONSTIT'TICiNO. And the sanme.was ordered entered upon the journal. On motion of Mr. Woodman, The vote,granting indefinite leave- of absence to Mr. P. R.,&amr.., was reconsidered... Mr. Woolman mooved that the..ergeant-at. arm, be iastrulcted,to take Mr. P, I,R..Adams. into immediate custody. The motion was withdrawn. Mr. Alvord submitted the following resolution: i Resolved, That the committee on "Exemptions-and the righ.tof _Married Women," be instructed to report to this, Convention some 6f,rule" whexeby!,the "thunder" 7of each member may renmain i.violate. A motion bein,;made to lay the resolution on the table, Mr. Alvordlwithdrew it. The Convention having reached, -the order of UNrFINISIHED BUSINESS. Resumed the consideration of,the article etided "Legislative Department.'" Mr. Comstock. moved the reconsideration ofAhe vote by.which: .he Convention,-efused to concur in the amendment made by.,the committee of thelwhole, striking out section 39. The President called Mr. HanscoMn to the, chair. Mr, Robertson moved the previous question,,but,by request, Hle withdrew the calls' Mr. Cornrll:.mo:ved a call of the&Convention,mt:. withdrew thew motion. Mr. Williams renewed the motion, and the sameprevailed. The roll being called, Messrs. P. R. Adams,.S.. Clark, Crary,. Green, M., Robinson and Sutherlan(d, were.absent without,leave., On motion' of Mr.~ J. D. Pierce, All further proceedings under the call were dispensed with.. The question beingon Mr, Comstock's motioft to,reconsider, The yeas and nays were demanded thereon, and the same was,-negatived by the following vote:, YEASM;o Mr. Alvord, Mr. Crouse, Mr. Rix Rdbinson,. Arzeno, Daniels, Skinner, 2ot JO)URNAL OF THE CONVENTION [July 17, D)esnoyersm Fralick, Gardiner. HaAor vey, W I Hascall, Hathaway, Roberts, Robertson, E. S. Robinsou, CAxford, J. Bartow, Britain, ..A.mmon~.Br own, Butterfield, C hapel, Churcl, J. Clark, Comstock, Cook, NAYS: Mr. Eastman, Eaton, Edmunds, Gale, Gibson, Graham, Hanscom, Hart, Hiixon, Kingsley, Kinne, Lee, Lovell, lMarvin, Mason, McLeod, Moore, Motrison, Mr. Church moved to strike from section 25 of the artire, ail after :he word "security" in the 4th line, to and including: w word "oath" in the 17th line;{ But withdrew the same, when -Mr. Goodwin offered the following: -Resolved, That section 8, be committed to the select committee on the subject to which it relates, with in'structions to prere and report a section abolishing the existing laws authorizing the licensing of the-.sale of spirituous liquors~ and prohibting the Legislature from hereafter passing any law authoerizing the same, together with a resolution providing for submitting such'section sep,ratey to the people. Mr. White moved to adjourn. But,the Convntion refused to agiourn. IV -'04 Storey~ Tiffary, Town, Wali er, Webster, Wells, W'hiite, Witherell, Presidert, 34 Mr. W. Adams, Anderson, Backus, Bagg, - Barnard, H. Bartow, Beardsley, Be~eson, Alvarado Brown, Asahel Brown, - Burns, Bush, Carr, Chandler, Choate, Conner, Cornell, Danforth, Dimond,. Mr. Mosher, Mowry, Newberry, O'Brien, Orr, J. D. Pierce, N. Pierce, R edfield, Souie, Sturgis, Van Vaiknburg, Wait, Warden, Whipple, W hittemore, Williams, WVillard, Woodman, 551 1850.] 7 R'VISI T ON STII The quest'm being upon the-aoption of the resoluhion,4he yas and nays were demanded thereoN. The Clerk having partly callMthe roll, Mr. Britain addresseS the chair, when a motiowasrmade to allow him to proceed, which iwas lost.. The resolution.was then lost by the followingvote: YCA... Mr. Doniels, Desnoyers,. Fralick, Gardiner, Ha,thaway, Robepts, R'obetson, Rix Robinson,. -, Mr. Alvord,. Beeso%. Britain, B utter fiel d, Chapel,. Churoh, J. ]'ar k, Gbmstock, Gbok,, NAYS. Mr. W. Adams, A-nderson, Axford, Backus, Bagg, e Barnard, H. Bar,tow, J. Bartow, Alvarado Brown,., Ammon Brown," AsahlA Brown, Burnsi, B,Ieh,.ea Carr, Chandler, Choate, S. Clark, Conn, Coriell, Craryv, Mi'. O'Brien, Orr, J. D. Pierce, N. Pierce, Redfield, M. Robinson, Soule, Sturgis, Sullisvanl, Sutherlabd, T6wii, Van Valkenburg, Wait, Warden, Whbil)ple, 'Wvhittemore, ~,~liiams, Will-ard, W~~oodman, On motion of Mr3:Roberts,. The Coavention adjourned,. Af,ternoon Session. Hailf.b two o'clock. The Pisident called the Convention to order. A quorm of members-being in attendance, the- C.onvention re, 420,, -*. Story,'.. Tiffaty, Walker, Webster,, Wells, White,. Wit he re li;: Ilresident, 2 Mr. Crouse,, Eastman, Eaton;r: Edmuids, Gale, Gibsor, H ansem, Hart, ~.. Ha.-cal4) Hixom, Kingsey, Kinney, Lee,. Lovell, Mason, Moore, Morrison, Mo.sh., Ne-.wberry, .5.9' JOURNAL' (F T,,HE OONVTKiN ON [Julyti;, samed the,consideration of te unfinisled business of this: morning, the article entitled "Legislative Department." Mr. Church renewed his preposition ef this morning, modified so ,s to strike out from the word "thgreof"' in line.four of s tion.,25, :to and inclusive of the word "oath," in'lin- 17.. Mr. Cook raised a poita of order, " that the amedment to the seet:.,on having been reported.by the comnmittee of the whole and con:urred in by the Convention, it is not now~, in order to strike' out.e portion of it." The Pesidentdecided the proposition, of Mr. Church not in or cer. Mri J. Barw nioved to reconsider the, vote by which the Convention coneourd in the amendment made by the:.ommittee of the vwhole to section 25. Mr. Hascall asked the yeas and nays, and the same being ordered, the motiou prevailed by the following vre: YEAS-: A~lv~ori. Arzero, Ax,ford, 'Bagg, Bar oard, H. Bartow, J. Bartow, Beeson, Ammon Brown, BI.Irl',, ~ ~ o,Wie 'B~sh,: Bt,tterfield, ~h,irch, J. ClI i.lf Cook, Cornil',, Crary, 'fkdfieldL, Roberts, :-'obertson, SE. S. Robinson, Rix Robinson, ,Skiiiner, 'S,ule, .'to rey, 'gullivan, Van Valkenburg, Warden, Webster, White, 7 hi p I; I e, ':.iV'hittemore, Woodman,. , resident,. 'N,AYS: M r., saniels, , imo'fid, 'aton, Edmunds, Gale, hGreen, Hsr.ey, ~tl06 -52 Mr. W. Kdams, Andoreson, Baok, us, , -dsley, - Britain, Asahel Brown, C(baidler, !1r.'Morrison, O(:)r, M. Robinson, 'iturgis, Tiffanv, "Town, ,AV a;. t, 8 TO.,.RE,VSE THE CONSQI.WTION. Chapel, Hascall, Walker, Choate, Hathaway, Wells, S. Clark, Lee, Williams, nomstoe'k, -Lovell, Willa,d, 'onner, Moore, Witherell, Crouse, Mr. Roberts ofired the following, as, a-substitute' for' the'entire section: "S'he legislature,-shhall provide their' el and:?atiowry, the print ing and binding of theirlaws en"d, journals, and -all other i,pinting they may wish execa,d,,in such manner ag they may deem expedient." Mr. Witherell,o%4d to amend the-substitute by striking out the last clause, and inserting the-words "-by contimc," Which he subsequently withdrew. On motion of Mr. Church, The amendment madein committee,was anme'ed by-striking out all afar, the word "'ereof," in t.he 4th line, up to and inclusive of the woMd "oath,"' in the'I7th line. The amendment as amended was then concurred in. Mr. Britain moved to amend the section by adding thereto the words, "nor shall constructive composition or press-work in any case be paid for," upon which he asked the yeas and nays. And the same being demanded, the amendment was disagreed to, as follows: YEAS. Mr. Crouse, Daniels, Easen, Edmu.nds, Gale, I Gf'een, Harvey, aHascall, 'Hathaway,, Hixeon, CLovell, Moore, Morrison, Mossier, .O'Brien, 20~7 I\Mr. c. r, ieflfield, t~'obaertson, tr. Robinsoni -Sturgis, I?iF,'any, Tow% 'Wi~t, Wallktr, Wells, Whipple, ~Williams, vWitlld, '~Wither-ell, Mr. W. Adams, Anderson, Backus, Bagg, H. Bartow, Beardsley, Britain, Asahel Brow;, ~B,rns, Carr, ,Chandler, Chapel, S. Clark, Comsto, ,44 $JOUR-,AL OF' E C-VENT ION, [)uly iT,. NAYS: Mr. Dimond, " Eastman, Fralick, Gardiner, Gibson, Graham, Hanscoin, Hart, Kinigsley, l,Kinne, Marvin, McLeod,s Mowry, Newberry, J. D. Pierce:' Mr.: Alvnordt,- Arzeno, Axfordii Barnard,. J.! Bartow, ]3eesn, ". Alvayrdo Brown, Ammon Brown, Butterfield, C hoa' Chu,ch, J. Clark, Connler, Cornelia, Crarv,. Danturth, M'. Williams moved to amend the section as follows:. Insert after "journals," in the 2d line ofsection,25, as follows: "all blanks, paper and printing for the executive depqrtmentse all adveitisements of tax sales in counties wheretwo or more newspapers are published..'" Mr, Crary moved to amrnenid the ameMment,by striking out all af ter the word "departments." Mr. Williams askedthe yeas and nays. And the same being d&maaded, the-madment was -eed to as follows: YEAS.. ~A, G*rdiner, E Goraham, ranhscom,, Hart, ltascall,. Kingsleyi. Kinne, Lee, Marvin, McLeod, Morrison, Newberry,, J. D. Pierc, Redfield, Robertson, Mr. W. Adams, Al vord, Arzen~o, B,aernard, A, lvarodo Browt..... Rajsh, Chapel, Church, $S Clark,. Cooki-,. Cbrnell, Crary, Dianforth, Eaton, Fralick, 208 Mr. Roberts,, E. S. "Robinson, Rix Robinson, Skinn~er,. Saule, Storey, Sullivan, Suthel aid, Van Valkehburg, Ward~en, Webster, White, e Whittemore, Woodman, Presidernt, 4; E. S..!obinson, Rix Robinson, Skinner, Soule, Stomy, St ges, Sullivan, Town, W allker, Wgiden, White, WVhipple, Whi.ttemore,, W'hard, Presineat, 46 1850.] TO REVISE THE CONSTITUTION. NAYS. Mr. Comstock, Conner, Crouse, Daniels, Dimond, Eastman, Edmunds, Gibson, Green, Harvey, Hathaway, Hixon, Lovell, Mosher, Upon Mr. Williams' amendment he asked the the same was agreed to, as follows: YEAS. Mr. Danforth, Daniels, Eastman, Eaton, Edmunds,. Gardiner, Graham, Green, Harvey, Hascall, HixoIn, Kingsley, Lee, Lovell,, Marvin, McLeod, Morrison, Mosher, Orr, NAYS. Mr. Fralick, Gibson, Hanscorn, Kinne, Newberry, M r. Backus, Bagg, H. Bartow, Beardsley, Britain, Alvarado Brown, Asahel Brown, Bush, Carr, Chandler, Chapel, Choate, Church, S. Clark, Comstock, Conner, Cook, Cornell, Crary, Mr. Barnard, Mr. Fralick, Mr. Roberts, Ammon Brown, GibsoD, Sutherland, BButterfield, Hanscom, Tow n, J. Clark Kinne, Whittemore, Dimond Newberry, 14 Mr. Hascall moved to amend the section by inserting after "low est," in the 3d line, the word "responsible." The motion was withdrawn. 27 209 Mr. Axford, Backus, H. Bartow, J. Bartow, Beeson, Britain, A rnmon Brown, Asahel Bro'wn, Burns, Butterfield, Carr, Chandler, Choate . J. Clark, Mr. Mowry, " O'Brien, Orr, Roberts, M. Robinson, Sutherland, Tiffany, Vaii Valkenburg, Wait, Webster, Wells, Williams, Witherell, 41 yeas and nays, and Mr. Redfield, RobertSOD,, M. Robinson, Rix Robinson,. Skinner, Soul'e,, Suilivati,, Wait, Walker, Warden, Webster, White, Whipple, Williams, Willard, Witherell, President, 56 JOURNAL OF TilE CONVENTION [July 17, The question recurring on the substitute proposed by Mr. Roberts, Mr. Britain asked the yeas and nays. And the same were taken with the following result: YEAS: Mr. McLeod, Mr. Roberts, Mr. Sutherland, 3 NAYS: Mr. Alvord, Mr. Crary, Mr. Mowry, Anderson, Crouse, Newberry, Arzeno, Danforth, O'Brien, Axford, Daniels, Orr, Backus, Dimond. J. D. Pierce, Bagg, Eastman, Redfield, Barnard, Eaton, Robertson, I. Bartow, Fralick, Skinner, Beardsley, Gardiner, Soule, Beeson, Gibson, Sturgil, Britain, Graham, Sullivan, Alvarado Brown, Green, Tiffany, Ammon Brown, Hanscom, Town, Asahel Brown, Harvey, Van Valkenburg, Butterfield, Hascall, Wait, Carr, Hathaway, Warden, Chandler, Itixon, Webster, Chapel, Kingsley, White, Choate, Kinne, Whipple, Church, Lee, Whittemore, Comstock, Lovell, Williams, Conner, Marvin, Willard, Cook, Morrison, Woodman, Cornell, Mosher, President, 72 So the substitute was not adopted. Mr. Willard moved to amend section 17 of the article by striking out "three," wherever it occurs, and inserting "two." He moved a call of the house. And the same being ordered, The roll was called, and Messrs. P. R. Adams, J. Clark, Gale, Hart, Mason and N. Pierce were absent without leave. On motion of Mr. Woodman, All further proceedings under the call were dispensed with. A division of the question was ordered upon the proposition of Mr. Willard, and the yeas and nays being demanded, the motion to strike out was lost by the following vote: -*Io 1850.] TO REVUE' THE CONSTITUTtON, YEAS. Mr. Edmunds, Green, Harvey, Hascall, Hixon, Lovell, Morrison, Newberry, Sturgis, NAYS, -M r. B tackus, Ashel Brown, Bush, Carr, Chandler, S. Clark, Comstock, (Cook, Danforth, Mr. W. Adams, Alvord, Andersor, Arzeno, Axford, Bagg, Barnard, H. Bartow, J. Bartow, Beardsley, Beeson, Britain, Alvarado Brown, Ammon Brown, Burns, Butterfield, 'Chapel, Choate, Church, J. Clark, Conner, Cornell, Mr. Crary, Crouse, Daniels, Desnoyers, IDimond, Eaton, Fralick, Gale, Gardiner, Gibson, Graham, Hanscom, Hart, mhathaway, Kingsley, Kinne, Lee,, Marvin,, McLeod, Moore, Mosher, Mowry, Prior to the anrtounement of the result, Mr. Roberts was eww from voting. Mr. Bagg proposed the following amendment to the article. Insert after - town.ship," line 9, section 4, the words or city," and add at the end of the section the following: " And when any township or city shall contain a population which shall entitle it to more than one representative, then such township or city shall elect the number of Representatives to Which it shab so entitled, by general ticket. On motion of Mr. klvord, The Convention adjourned. M-r,. Town Van Valkenburg, Wait, Webster, Wells, Willi,ani(3, Willard, Witherell, 26 M-,r. —'O"grien' O.tr, -J. D. Pierce, ,Redfield, Robertson, ,B. S.'.Robi.Mor, M. Robi;nsoia, ,Rix Robinso .Skinner, Soule, .,Storev Sullivan, -Sutherland, Tiffany, Wal-k e r, Warden, -W h i te., Whipple, Whittemo-re, Woodman, President, 46 JOURNAL OF THE CO(NVENTION [Jely!$; Lansing, Thursday, July 18, 1850. The President called the Convention to order at the usual hour. Prayer by the Rev. Mr. Sanford. The roll being called, Mr. P. R. Adams was absent without leave. and Messrs. Leach, McClelland and Prevost with leave. Journal approved. RESOLUTIONS. Mr. Cornell submitted the following: Resolved, That from and after to day, the morning sessions shall commenca at 8 o'clock and adjourn at 11 o'clock A. M.; the after noon sessions shall commence at 3 o'clock and adjourn at six o'clock P. M. until otherwise ordered. Mr. Hascall moved to strike out the words "and adjourn at L 1 o'clock A. M." Which did not prevail. Mr. Ammon Brown moved ta strike out all. after the words "8 o'clock." Which was disagreed to. Mr. Eaton moved to strike out "eight" and insert "seven.'" Mr. Walker proposed the insertion of "half-past seven.'." Which Mr. Eaton accepted. Mr. Desnoyers moved to lay the resolutionr upon the table But the Convention refused to lay upoa the table. Mr. Eatoi's amendment was lost. On motion of Mr. Fralick, So much of the resolution as related to the adjournments was stricken out. Mr. Woodman moved to strike out'"three,"' and insert in its stead two." But the motion did not prevail The resolution as amended was then adopted. Mr. Britain submitted the followings Resolved, That from and after the adoption of this resolution, nomember shall speak more than eight minutes at any one time, without leave of the Convention. Mr. W'-Ull moved to strike out "eight," and insert "five.'" 212 I80O] TO REVISE THE CONSTITUTION. A division of the question was had, and the motion to strike out prevailed. On motion of Mr. Woodman, The resolution was indefinitely postpone& UNFINISHED BUSINESS. The Legislative article being taken up, the amendment proposed by Mr. Bagg to the 4th section was under consideration. The yeas and nays being ordered thereon, the result was as fol,. )ows: YEAS: Mr. Danforth, Desnoyers, Dimond, Eastman, Eaton, Gardiner, Gibson, Hanscom, Hart, Hathaway, Kiniigsley, Lee, Marvin, Mason, McLeod, Mowry, J. D. Pierce, Raynale, NAYS. Mr. Edmunds, Fralick, Gale, Graham, Green, Harvey, Hascall i Hixon, Kinne, s Lovell,. Moore, Morrison, So the amendment was agreed to. Mr. Lovell moved to amend section 15 of the article by striking ,Mr. W. Adams' Alvord, Arzeno Axford, Bagg, Barnard, J. Bartow, 'Beardsley, Beeson, Alvarado Brown, Ammon Brown, Bush,' Chapel, Choate, Church, J. ClarkI I Cornell, Crouse, Mr. Redfield, Robertson M. Robinson, Rix Robinson, Skinner, Soule, Storey, Sturgis, Sullivan, Town, Van Valkefiburg, Walker, Warden, Whipple, Whittemor%, Witherell, Woodman, Presiden; 54 ir. Andersoti, Backus, H. BartoiK, BritaiD, Asahel BROWD, Burns, Butterfield, Carr, ChaDdler, Comstock, Cook,' . Daniels, .4r. Mosber, Newberry, O'Brien, Orr, N. Pierce, E. S. Robinson Tiffany, Wait, w,blis, Wbite' Willia,tns, Willard, 36 21(RHAL.'O THE. CONVENT!ON [July 18 out'n lIi 4 ad 6, the words "two4hirds," and inserting in. their steadi, *' a majority." Upon the amendment, Mr. Raynale asked the yeas and nays, an the same were taken, with the following result: YEAS. Mr. Edmunds,. Green, Hanscom,i Harvey, NAYS. Mi. Eastman, Eaton, Fralick, Gale, Gardiner, Gibson, Grahams,, Hascall, rHathaway, Hixon, Kingsley, Kinne, Marvin, Morrison, Mosher, Mowry, Newberry, IO'Brien, Orr, J. D. Pierce., N. Pierce, Raynale, Mr. Redfield, Robertson, E. S. Robinson, M. Robiseons. IRix Robins, Skinner, Storey, Sturgis, Sullivan,, Sutherland, Town,. Wait, Walker,, Wardemi,. Wells, White, Whipple, Whittemore,. Willard, Witherell, 5 oodcman, Presidea. Mr. W. Adams &lvord, Anderson,F Arzeno, B3arnard, J1. Bartow,". Beeson, Britain, AIvarado Brown,, Ammon -Bown, Butterfiald, Chapel, Choate, Cblarch,. J*- Clark, Cook, Cornell, Crary, Danfort, Dimora,. So. the amendment did not prevail. Mr, Kingsley moved to reconsider the vote by which the substitute Mr. McCtelland to section 3 was adopted on. the 16th instanlt. An the motion prevaile&d. Mr. Whipple moved that the section (3). be referred to a select committee of nine,; but withdrew his motion. Mr. Kingsley moed to amend the substitute of Mr. McClelland by striking out all after the word "enumeration," and inserting the foh lowing: V44vi&ed, That thecounty of $avnaw,, with the territory treto,at,, 2 I' — Mr. Lovell, Van Valkenbur.g,, Williams, 11I Mr. H. B&rto-w, Asahel Brown,. Carr, Comstock,. 67! 1850.,' REVISE TRKE C(}NSTITUT.ION. tached, shall be entitled to one Representative; the county of TuLscola and the territory thereto attached, one Representative; the county of Sanilac and the territory thereto, attached, one Representative; the counties of Midland, Gratiot and Aronac, with the territory there*o attached, one Representative; the county of Montcalm with the territory attached thereto, one Representative;. and the counties of Newago and Oceana with the territory attached thereto, one Representative;.and each; county hereafter organized, with such territory as may be attached thereto, shall be entitled to a separate Representative when it shall have attained a population equal to a moiety of the ratio of representation. Mr. Hanscomn proposed to amend the substitute offered/ by, Mr McClelland, by inserting after the words'representative purposes,"' the words, "that shall have perfected their county organization by the election of county officers by the first of January 1851." Mr. Church moved the previous question, and the same being seconded, the question being, "shall the main question be now putP' it. was decided in the affirmative. The question first occurring on the proposition of Mr. Hanscom,, it was disagreed to, by the following, vote: YEAS:Mr. Arzeno, Mr. Choate, Mr. Hathaway, H. Bartow,. Danforth,, McLeod, Beardsley, Hanscom, President, Chapel, 1Q0 NAYS Mr. Desnoyers, Dimond, Eastmana, Eaton, Fralick,. Gale, Gardiner,. Gibson, Graham,, Green, Hart, Harvey,, Hascall, Hixon,. Kingsle.y, 23&, N r., Alvord,. Andersoni- " Axford,. .Backus,, Bagg, Barnard,, J. Bartow,. Beeson, Britain, Alvarado Brown, Ammon Brown, Asahel Br, wn,, ,Q Burnt;,, Bush, Carr,, Mr. N. 'erce,, Raynalei Redfiel(l, E. S. Robinson, M.. Robinson, Mx Robinson, Skinner,, So-ule,,, 'Storey,,' Sturgis, Sullivan,. I I Sutherland,, Tiff-any,., Town, Vau Valkenbur& JOURNAL OF THE CONVENTION [July 18, Kinne, Wait, Lee, Walker, Lovell, Webster, Marvin, Wells, Mason, White, Moore, Whipple, Mosher, Williams, Mowry, Willard, O'Brien, Woodman, Orr, 74 Mr. Kingsley was then agreed to, as follows; YEAS: Mr. Dimond, Mlr. J. D. Pierce, Eastman, N. Pierce, Eaton, Redfield, Edmunds, Robertson, Fralick, E. S. Robinson, Gale, M. Robinson, Gardiner, Rix Robinson, Gioson, Skinner, Graham, Soule, Green, Storey, Hart, Sturgis, Harvey, Sullivan, Hascall, Sutherland, Hathaway, Tiffany. HixQn, Town, Kingsley, Van Valkenburg, Lee, Warden, Lovell, Webster, Mason, White, Moore, Whipple, Morrison, Whittemore, Mosher, Williams, Mowry, Woodman, O'Brien, President, Orr, 74 NAYS: Mr. Cook, Mr. Raynale, - Hanscom, Wait. Kinne, Walker, Marvin, Wells, Newberry, Willard, Ch oate, 16 And the question being on the substitute as amended, the same was adopted. 216 Mr. W. Adams, Alvoid, Anderson, Axford, Bagg, Barnard, H. Bartow,' J. Bartow, Beardsley, Beeson, Alvarado Brown, Arnrn'on Brown, Burns, Bush, B utterfield, Chandler, Chur'Ch, J. Clark, Comstock, Conner, Cornell, Crary, Crouse, Daniels, Desnoyers, m TO REVISE THE CONSTITUTION. Mr. Cornell moved a reconsideration of the vote by which the Convention concurred in the substitute of the committee of the whole for the 29th section. Mr. Axford demanded the yeas and nays; and the same were had with the following result: YEAS: Mr. Gardiner, Gibson, Graham, Hart, Harvey, Hixon, Lowell, Mason, McLeod, Moore, Morrison, J. D. Pierce, N. Pierce, E. S. Robinson, Rix Robinson, NAYS: Mr. Conner, Crouse, Desnoyers, Dimond, Eastman, Eaton, Fralick, Gale, Green, Hanscom, Hascall, Hathaway, Kinne, Lee, Marvin, So the motion to reconsider did not prevail. On motion of Mr. Cook, Section 37 of the article was amended by and inserting in its stead, "1852." On motion of Mr. Barnard, Section 18 of the article was amended as follows: 1850.1 2117 Mr. Anderson, Backus, B. Bartow, Beardsley, Beeson, Butterfield, Chandler, Church, Comf3tock, Cook, Cornell, Crarv, Danfortb, Daniels, Edmunds, Mr. Skinner, Soule, Storey, Sullivan, Tiffany, VanValkenburgh, Wait, Webster, White, Whipple, - Whittemore, Williams, Witherell, President, 44 Mr. W. Adams, 'IL I Alvord, Arzeno, Axford,i Barnard, . BritaiD, Alvarado Brown, Ammon Brown, Asahel Brown, Burns, I tusb, Carr, . Chapel, Choate, J. Clark, Mr. imosher, Mowry, Newberry, O'Brien, Orr, Raynale, Redfield, Robertson, M. Robinson, Sturgis, Town, Walker, Wells, Willard Woodman, 45 striking out 11 1851," 28 JOURNAL OF THE CONVENTI(N [Jul, A. Line 1, after the words "Speaker," insert the words "during the sessions of the legislature." Also, insert after the word " of," in line 1, the words " postage on." Also, strike out the word." for," in line 2, and insert the word "' o n.'' Mr. Edmunds proposed to amend section 17 by inserting after the word " message,' in the 6th line, the following: "And each session of the ILegislature; shall terminate on the dayo on which the members thereof cease to, receive their pay from the State Treasury." But the amendment was not agreed to. Mr. Kingsley moved to reconsider the vote by which the Convention concurred in the amendment of the committee of the whole to, section 7. But the motion was lost. Mr. McLeod moved that the vote by which the Convention concurred in the amendment made by the committee of the whole to section 3; be reconsidered. Mr. Morrison asked the yeas and nays, and the same were deman — ded and the motion prevailed, as follow.s:. YEAS.. M. Avr?M.raik r 1 onsn Mr. Alvordi, H. Bartow, Beardsley, Beeson,, AlvaradoBrown,. Ammon Brown, Burns, Buttereld, Carr, Church,,v J. Clark,, - Cook, Cornell,. Crary, Eastman, Edmnunds,, NA,YS. Mr. Eaton,. Gale, Harvey,, HIathaway,. 218, 4.S Mlr.. W. Adams,. Anderson, Arzeno, .Britain, Mr. Orr, N. Pierce, , Redfield, E S.. Robinso*,, 1850.] TO RVISE THE CONSTITUTION. Ashel Brown, Bush, Chandler, Chapel,, Choate, Comstock, Connear, Crouse, Desnoyers,. On motion of Mr. Eaton The Convention adjourn Afternoon Session.. 3$ o'clock: The Coaventio, was called to order by the President. Roll called and a quorum beings present, the consideration of the Article entitled "Legislative Department"' was resumed. Mr. MeLeod moved to strike out section 38, and insert: "The Legislature shall have no power to establish a State Paper; but may provide for the publication of general laws in all the newspapers in the state, at a compensation therefor of not exceeding twenty dollars to each newspaper, which shall publish the same within Aforty days after their passage." On motion of Mr. Church, 4 Twenty" was stricken out and "ten" inserted. On motion of Mr. Cook, The word "the" was inserted before,general laws,"' and the words "of each session" after "laws." Mr. Newberry moved the previous question,,. But it was not seconded. Mr. Church moved to reconsider the vote by which "twenty" was, stricken out. But the motion did not prevail. Mr. Hascall submit'.ed the following as a bstitute for the proposition of Mr. McLeod: "The Legilature shall have no power to, establish a Star. Paper;s but it shall provide for the publication of the general laws in one or more newspapers- in each county in the State, having the largent 2IOrf Hixon,. Marvin,, Mason, Moore,. Morrison,. Mowry, Newberry,, O-'Brien,, Stur'91-81 Town,, Walker,, Warden,. Webs'er, Willard, W.itherell, Wood,majo,' 37 JOURNAL OF THE CONVENTION [July 18, circulation, providing the pay therefor shall not exceed twenty dol lars for any one session." Mr. Sutherland moved to postpone the further consideration of the article until Tuesday next. Which was not agreed to. The substitute of Mr. Hascall was rejected. Mr. Williams offered the following as a substitute for the one pro posed by Mr. McLeod: " The Legislature shall have no power to establish a state paper, bu t every newspaper in the state which shall publish all the general laws of any session within forty days of their passage, shall be entitled to receive fifteen dollars therefor." And the same was adopted. The question now recurring on the adoption of the substitute for the section, a division being had, The motion to strike out the section prevailed by yeas and nays, as follows: YEAS. Mr. Eaton, Edmiunds, Fralick, Gardiner, Gibson, Green, Hanscom, Hart, Harvey, Hascall, Kii)gsley. Lovell, Marvin, Mason, McLeod, Mosher, Mowry, O'Brien, J. D. Pierce, NAYS. MMr. Comstock, Crouse, Danforth, Dimond, Gale, 220 Mr. Alvord,. Backus, H. Bartow, Beeson, Britain, Alvarado Brown, Ammon,Brown, Burns, Butterfield, Chapel, Church, J. Clark, Conner, Cook, Cornell, Crary' Daniels, Desnoyers, Eastman, Mr. Raynale, Roberts, RobertsOD, M - Robinson, Ptix Robinson, Skinner Soule,, Storey, Sturgis, Sullivan, Town, Van Valkenburg Wells, White, Whittemore, Williams, Willard, Witherell, 57 Mr. W. Adams, Anderson, Arzeno,. Axford, Bagg, Mr. Orr, N. Pierce Redfield, E. S. Robinson, Sutherland, 1850.] TO REVISE THE CONSTITUTION. Barnard, Hathaway, Wait, Beardsley, Hixon, Walker, Asahel Brown, Kinne, Warden, Bush, Lee, Webster, Carr, Moore, Whipple, Chandler, Morrison, Woodtiian, Choate, Newberry, President. 36 Mr. While moved to amend the substitute by inserting after "re ceive," the words "a sum not exceeding."' Which was agreed to. The substitute for the section was then agreed to by the following vote: YEAS. Mr. Alvord, Backus, H. Bartow, Beeson, Britain, Alvardo Brown, Ammon Brownj, Burns, Bush, Butterfield, Church, J. Clark, Colnner, Cook, Cornell, Crary, Crouse, Daniels, Desnoyers, E~astman, Mr. Eaton, Edmunds, Fralick, Gardiner, Gibson, Green, Hanscom, Hart, Hascall, Kingsley, Kinne, Lovell, Marvin,V k Mason, McLeod, Mosher, Mowry, O'Brien, Orr, J. D. Pierce, NAYS. M r. Choate, Comstock, Danforth, Dimond, Gale, Hathaway, Hixon, Lee, Moore, Morrison, M Cr. W. Aeams, Anderson, Arzeno, Axford, Bagg, Barnard, Beardsle y, Asahel Brown, Carr, Chandler, Chapel, And this section of the article was concurred ir 211 Mr. Raynale, Roberts, Robertson, M. Robinson, Rix Robinson, Skinner, Soule, Storev, Sullivan, Sutherland, Town, Van Valkenbur Wells, W tiite, 'Whipple, Whitten.-tore, Williams, Willard, Witherell, Mr. Newberry, N. Pierce, Redfield, E. S. Robi,nso Wait, Walker Warden, Webster, Woodman, President, 31 JOURNAL OF THE CONVENTION [July 15, Mr. Raynale moved to amend section 7 by inserttng after "officers of the militia," the words "post masters." The President decided the proposition not in order. Mr. Raynale moved to insert "judges of the supreme court;" which he subsequently withdrew. Mr. Hanscom proposed to amend section 2, by striking out the word "one." Also, strike out section 5, and insert the following, to stand as the section: "The number of Senators shall be thirty-two, and the Legislature shall divide the state into districts; but in the formation of such districts no county shall be divided." Mr. Cook raised a point of order " that the amendment to the section having been reported by a conmmittee of the whole, and concurred in by the Convention, it is not now in order to strike out a portion of it." The chair decided the proposition not in order. Mr. Hanscom moved to reconsider the vote by which the amendment made in committee to sec. 5 was concurred in. The motion was lost by yeas and nays, as follows: YEAS: Mr Alod.M..atn M. Roetsn Alvord, Arzeno, Beeson, Chapel, Church, J. Clark, Cornell, Crary, NAYS: Mr. Daniels, Desnoyers, Dimnond, Eaton, Edrnmunds, Fralick, Gale, Graham, Green, Harvey, Hascall, 'V-22 22 Ur. W. Adam AnderSOD, Axford, Backus, Bagg, Barria,rd, H. Bartow, Beard-,,ley, Britain, Alvarado Brown, Ammon Brown, Mr. Mowry, Newberry, Orr,' N. Pierce' Redfield, E. S. Robi'nson, N-f. Rdbinson, Skinner, ; Soule, Sturgii4,. Sullivan, 1850.] TO REVISE THE CONSTITUTION..22: Asahel Brown, Hathaway, Sutherland, Burns, Hixon, Tiffany, Butterfield, Kingsley, Town, Carr, Kinne, Wait, Chandler, Lee, Walker, Choate, Lovell, Webster, Comstock, Mason, Wells, Conner, Moore, White, Cook, Morrison, Williams, Crouse, Mosher, Willard, Danforth, 64 On motion of Mr. Church, Section 36 was amended by inserting after,meet," the words, "at the seat of government," and by striking out "period," and in. serting in its stead, the words, "place or time." Mr. Soule moved the previous question, But withdrew the call. Mr. Butterfield moved to recommit the article to the committee on the Legislative Department, with instructions to amend section 28 so it will read as follows: "The Legislature may authorize the employment of a chaplain for the State Prison, but no money shall be drawn from the Treasury for the payment of any other religious services." Mr. Hixon moved to amend so as to read: "The Legislature shall have no power to have any religious services performed in either House." But the motion did not prevail. Mr. Crary moved to amend by striking out "other," and adding to the proposition the words "in either branch of the Legislature," Which Mr. Butterfield accepted. Mr. Butterfield then modified his proposition by moving that the committee on Phraseology be instructed to make the above alteration when the Legislative article should be referred to it. And the motion as modified prevailed. Mr. Britain moved to amend section 17 by striking out in the 8th line thereof the words " and newspapers." Which did not prevail. Mr. Tiffany proposed to add at the end of section 17, "nor to vacate or alter any road laid out by commissioners of highways, or JOURNAL OF THE CONVENTION [July 18, any street in any incorporated city or village, or in any township plat." Mr. Raynale moved to strike out the words "or any street in any incorporated city or village or, in any township plat." Which motion was disagreed to. And the amendment of Mr. Tiffany prevailed. Mr. Bush moved to adjourn. But the Convention refused to adjourn, Mr. Hanscom moved to strike out of section 17, all up to and including the word "thereafter," in the 3d line, and insert: "The compensation of members of the Legislature shall never exceed three dollars per day for actual attendance, unless absent by reason of sickness; and after the session of 1851, no compensation shall be allowed after the first sixty days of the session, and not beyond the first ninety days of the session of that year." A division of the question being had, the motion to strike out was lost. On motion of Mr. Whittemore, Section 17 was amended by inserting in the 6th line, after " receive," the words "no more than." Mr. White moved to amend section 23 by striking out "object," and inserting in its stead, " subject." Which was not agreed to. Mr. Hart moved to adjourn. But the Convention refused to adjourn. On motion of Mr. McLeod, The article, as amended, was laid upon the table and ordered prin ted. Mr. Storey moved to adjourn But the Conrrvention refused to adjourn. Mr. White moved a call of the House. Mr. Hart moved to adjourn. Ruled out of order. Mr. White's move for a call was not sustained. Mr. J. D. Pierce moved to adjourn, But the Convention refused to adjourn by the following vote. 2'2 4 tu rgls, Sullivanl, Town, Wait, Walker, W ebste r, W~illiams, W iliard, Wood'rtin,t Asahel Brown, Kingsley, Sullivan, Burns, Marvin, Town, Bush, Mason, Wait, Chapel, McLeod, Walker, Church, Morrison, Webster, Comstock, Mosher, Williams, Crouse, Mowry, Wiliard, Dimond, Newberry, Woodman, Eastmnian, O'Brien, 5 Mr. Hanscom moved that the Convention resolve itself into committee of the whole on the general order; but withdrew the motion. Mr. J. D. Pierce moved a call of the House. Lost. On motion of Mr. Cook, The Convention adjourned. Lansing, Friday, July 19, l8V>0, The Convention met pursuant to adjournment, and w:.called to, order by the President. Prayer by the Rev. Mr. Tooker. The roll being called, there were absent with leav Messrs. Leach, McClelland and Prevost; witheut lewe, Mess. P. P. Adams and S. Clark.... A BSENCE, Mr. Wells asked and ohtined leave.Q w, ce for Mr. S. Clark fo: an indefinite period. 2u SOB JOURNAL OF THE CONVENTION [July 19, PETITIOM. By Mr. Robertson: the petition of Mrs. E. A. Bentley and fiftyone other ladies of Mt. Clemens, Macomb county, praying the insertion of a provision in the constitution prohibiting the importation, sale and manufacture of intoxicating liquors from and after the 1st day of January, 1854. Which was read and referred to the select committee ol licenses. By Mr. Hascall: the petition of N. A. Balch, Gov. Ransom and 120 others,-itizens of Kalamazoo county, remonstrating agaioist the establishment of an independent supreme court. WVhich was read and laid on the table. MOTIONS, RESOLUTIONS AND NOTICES. On motion of Mr. Whittemore, The article "' Elections " was taken from the table. On motion of Mr. Mcteod, The article "Mode of amending and revising the Constitution," was taken from the table. On motion of Mr. Redfield, The article " Sate Officers" was taken from the table. On motion of Mr. Rix Robinson, The article " County Officers and County Government" was taken from the table. Mr. Hanscom offered the following-. Resolved, That the committee on "the Judicial and Government al Policy of the Upper Peninsula" of the State, be requested to inquire into the expediency and practicability of a separation of said Peninsula for purposes of government, and the formation of the Upper Peninsula into a territorial government, with reference to its ultimate admission into the union as one of the States; Provided, That the assent of the people of this State and of Congress can be obtained. Resolved, That,if in the judgment of said committee such separation is-expedient and practicable, some plan be submitted to the Convention that in the opinion of the committee may be best adapted to secure to the inhabitants of said Upper Peninsula a separate territorial government. Which, on motion of Mr. Witherell, 1850.] TO REVlS:E THE CONSTITUTION. Was laid on the table. The Conyention then proceeded to,the consideration:f Article Mode of amending and revising the Constitution.":, Mr. J. Bartow offered the following substitute for section, 4: "Any amendment or amendments to this constituti6on may be proposed tin the Senate,or House -of Representatives; and if the -same shall be agreed toby two.thirds of the members elected to the two Hfouses, such, proposed-amendment or amendments shall beoen.tered on theirtjournals respectively, with the yeas and nays taken thereon; and shall be submitted to the people at such time and in such manner as the Legislature may provide. And if the people shall ratify and approve such amendment or amendments. by a-majority of the electors qualified to vote for members of the Legisla ture voting thereon, such amendment or amnendments shall become part of this Constitution." Mr. White moved to insert after -" people," the words "before the next ensuing legislature.' Wihich motion did not prevail. Mr. Bartow's substitute was then adopted. On motion of Mr. Cornell, The words " decided by " were stricken out of sec.'2,,lre 3, and the words " submitted to?' were inserted. Mro Bagg nmoved to strike out of section 2, the words " sixty-five," in line 1; "fifteenth year," in line 2; and "also," in line 2. On motion of Mr.'J. D.-Pierce, The word " five,"' in line 1, was stricken out, and "six" was inserted; and " fifteenth," in -iine 2, w-as stricken out, and "'sixteenth" inserted. The question.tben recurting, upon Mr. Bagg's arneadment, the .same was not agreed to. Mr. Rayiale offered the following substitute for section 2: "If at any timetwo-thiTrds.of the Senate and Hoeuse ocf Represen! tatives shall thirik it'necessary to revise or change this entire consti tu'ion, they shall recommend to the electors at the next election for members,of the Legislature to'vote for or against a Conv6ntion, and if it shall appear that a majority of the eleetors voting a -t such elec 4tion have in.favo.r of calling a Convention, the Legislature -227 JQVU.RiAL, O T'14E CONVENTlION'[July I I shall at its next session provide by law for calling aConve ion to be holdes within six months after'the passage of such law, and such Convention shall consist of a number of membersnot leas than that of both branche of the Legislature." Mr. Alvo,rdeiered the following as a substitute for thesubstitute: "If at any itnme the Legislature:shall think it necessary to amend or revise this constitution, they shall provide by law for a vote of the people for or against a convention, at the next ensuing election for metnberseef the Legislature. in case s-a majority of the people vote for a convention, said Legislature shall provide for an election of delegates to a convention, to be held within six months after a vote of the people in faver thereof." W\hioh was no,t adopted. ag'e question,':then recarring upon Mr. Raynale's substitute, the same was disagreed to. ,T'he article was then ordered to a third reading. Article- "Elections," being under consideration, Mr. Britain moved to amend the amendment reported by the committee of the whole, by adding thereto the following: "And for depriving every person who shall make or become di.rectly or indirectly interested in any bet or wager depending upon the result of any election, from the right of voting at such election." M[r. C-hapel. moved to amend Mr. Britain's proposition by inserting "'and also all persons intoxicated." When Mr. Britain withdrew his proposition. Mr, Moore renewed the same, and Mr. Chapel also, renewed his amendment. Mr. Alvord proposed to amend Mr. Chapell' amendment by making the same include "1mariufacturers.and venders of ar4ent spir. i;ts." Mr. Chapel accepted the amendment proposed; M. Whipple asked a division of the question, But withdrew the same. Mr. B:ackus renewed the call, And the:qustion'.being:taken on the fit clause- of:Mr. hap el's,. amw, thaesams: wa.disagreedito,, as, llos: 2ft 1350. To,1 RER ME THE CO,STiT.U,. YEAS. Mr. Hart, Lovell, Mason, McLeod, Mowry, Newberry, Orr, N. Pierce, Robertson, E. S. Robinson, NAYS. Mr. Cornell, Crary, Daniels, Desnoyers, Dimond, Eastman, Edmunds, Fralick, 'Gibson, Graham, Green. Harvey, lHascall, Hathaway, ,Hixon, Kingsley, Lee, Marvin, Moore, And the remainder of the amendment was disagreed to. Mr. Bush moved to amend Mr. Moore's amendmnent by inrserting the following: "and any person who shall be a candidate for an office of profit at such election." Which was withdraws. Mr. Church proposed to amend thl "amendment of Mr. Mbore by adding " nor any person holding an office of profit." Mr. Haseall moved the previous question on, the section. But the call was not sustained. The amendment proposed' by Mr. Church.was disagreed to. The propositidn of Mr.' Moore was then:agreed' to, by the following vote: 2q9 Mr. Backas, H. Bartow, B-tterfield, Chapel, Church, J. Clark, Eaton, Gale, Gardiner, Hanscoem, Mr. Rix: Robinson,. Storey,. Sturgis, VanVaken-burg, Webster~ White, Whipple,. Whittemeo, Willard, 29 Mr. W. Adams, Andersoni, Arzeno, Bagg, Barnard, J. Bartow, Beardsley, Beeson, 13ritain, Am.non Brown, Asahel Brown, Bumrns, Bush, Carr, Chandler, Choate, Comstock, Conner, f Cook, Mr. Morrison, Mosher, O'Brien, Raynale, Redfield, M. Robinson, Skin-iner, Soule, Sullivan, Ti fany, lI'own, ,'"W ait, Walker, Warden, Wells, Williams, Witherell, Woodman, President, JOURNAL OF THE. CONVENTION" [$ily!9; YEAS: 1dM. Daniels, Eastman, Edmutids,. Fralick, Gale,. Gardinerr,. Gibson, Green, Hart, Harvey, Hascall, Kingley, Lovell, Mcl,eod,d aMoore. Comatock,Mbwry, Womn Orr, N. Pierce; NAYS: Mr. Eaton,. Grahams Hanscom, Hathaway, Hixon, Lee, 5{arvin,. Mason,. ~o rrisor,. Alosher. Mr. WN. Adams,ir Anderson, Backus, Barnard, H. Bartow,, J. Bartow, Beardsley,. ]3eeson, Britain, .&mmon Brown,, Asahel Brown), Burns, Butterfield' Carr, Chandler, Comstock, Conner, Cook, Mr. Arzeno, Mr. Eaton. -, r. Newberry, Axford, Graham OBrien, Bush, Hanscom, Raynale, Chapel Hathaway, Robertson, Choate, lixon, Rix Robinson, Church, Lee. Soule, 3. Clark, Marvin, Storey, Cornell, Mason,. Wait, Crary, Morrison. Walker, Danforth, Mosher, Wells, Dimond, 3t: Mr. Bush moved to; reconsider the last vote. Mr. Bush moved a all of the Convention; which was not ordered.. Mlr. Church moved to lay the motion to reconsider on the table. Mr. Willard moved a call of the House. Which did not prevail. Mr. Bush then withdrew his mnotion to reconsider.. The question being on concurring with the amendment, made in committee of the whole as amended, Mr. Raynale moved to strike,out and, substitute therefor the following: Laws may be passed, excludin'g from the right, of suffrage all; personsanot of sound minrd, or otherwise disqualified by a disorderedr understandin;." 230, Mr.'Redfield, E. &. Robinson, .M. Robinson, Skinne-r-, Sulliv-an, Tiffany, Town, VanValkenburg, Warden, Whitei W Iiipple. Whi'ttemore, Willard-, Withere'il"9 ,WoodmaD,. President 3:3 1850. TO REVISE THE CONSTITUTION. Mr. Britain moved to amend the section.as amended, by striking out all after the words " laws may be passed" to the word,' for." Mr. Danforth moved to adjourn.. But the Convention refused to.adjourn. Mr. Crary asked the yeas and nays on the amendment of:Mr. Brit.. ain, and the same were ordered and taken with the following. result: YEAS. Mr. Edmunds,. Fralick, Graham,. Green, Hanscom,, Hathaway,, Hixon, Love ll, Marvin, Mason, McLeod, Morrison,., Mosher, Nrewberry, Mr. Arzeno, Bagg, 5 Barnard, H. Bartow, Britain, Ammon Brown, Burns, Chapel, Choate, Cnurch, J. Clark,. Conner, Crary, Danforth,. Eaton, NAYS. rr. Desnoyer,s, Eastman, Gardiner, Gibson, Hart, Harvey, - Hascall, Kingsley, Kinne, Moore, N. Pierce, Redfield, M. Robinson, Skinner, So the amendment; was agreed to. On motion of Mr. Bagg, The Convention adjourned. Afternoon Session. Three oc'lbck. 'he Convention was called to.order by the President, The roll called, and a quorum of members being in attsn'aince,.. 23,,Ll Mr.- O'Brien, Orr, J. D. Pierce, Raynale,. Robertson,, F.- S. - Robinson, Rix Robinson, So ule, Storey, sturlyis. -WaCke'r, Warden,, Wells, Willard,, 43 " ir. W. Adams, Backus, J. Bartow, Beeson, . -,klvarado Brown, Asahel, Brdwn, Bush, B'utte.rfi-el-d, Carr, Chandierl'. Comstock, Cook, Cornell, Daniels, Mr. Sullivan, Tiffan,y Town, Van V&Ikenburg,, Wait, Webster, White,, Whipple, Whittemore i Williams, Witherell, Woodman.. P,resident, 4,L .-RNAL OF THE. CON'VENTION [July, i, On motion of Mr. Iahneom, Resolve&,' That the use- of this House be permitted to the Rev. J. A. Baughman, on Saturday evening, hal-fpast 7 o'clock, July 20th, for the purpose of delivering' an address upon the subject of Toem perance. The Convention resumed the consideration of the article entitled "Elections." The question being upon Mr. Raynale's substitute for section 6 as amended. by committee of the whole, A division of the question was had And the, motion to strike out the substitute proposed by the committee prevailed. Mr. Raynale's proposition to insert was not agreed to. Mr. Cornell submritted the following as a substitute: Laws may be passed to preserve the purity of electio and guard against abuses of elective franchise. Which was adopted. The question being upon concurring with the amendment of tle committee as amended, A division of the question was had, And the Convention concurred in striking out the original section, by yeas and nays as follows: YEAS: Mr. Gale, Gibson, Graham,. Green, Hanscom, Hathaway, Hixon, Lee,: t Lovell, Marvin," McLeod, Morrison, Mosher, Newberry, O'Brien, Orr, J. I). Pierce, Raynale, Mr. A rzeno, H. Bartow, Beard,sley, BriWn, Alvarado I$rown, Am,mon, Brown, BQrns,l Carr, Chapel, Church, Conner, Cook, Cornell, Danforth, Desn,o,.y.,er-% Dimon.d, Edmu:nd'S, Frariek,; Mr. Redfield. Robertsoin, E. S. Robi4son M. Rohiasoln, Ri,x'Ro.binso.ri, Skinner, Soul,p, Storey.,,. 4$turgi.s, Sullivan, Town, Wait, Walker, Warden, Wells, Whipple, Willard', Woodinan,, 54 TO REVISE TR& COXWITgTIOilt NAYS: Mr. W. Adams, Mr. Daniels, Mr. Sutherland, Axford, Eastman, Tiiffany, Backus, Gardiner. VaV Valkenburg, J. Bartow, Hart, W ebster, Beeson, Harvey, White, Asahel Brown, Hascall, Whittemore, Chandler, Kingsley, Williams, Choate,, Mowry, Witherell, Comstock, N. Pierce, President, 27 And the substitute of Mr. Cornell was inserted. The question being upon concurring with the committee in striking out section 8, Mr. Van Valkenburg moved to amend the original section by adding thereto the words, "and also fbr preventing men from voting when they are intoxicated." Which was not agreed to. The amendment made in committee, as amended, was then concurred in. Mr. Mason offered the following substitute for section 8: " Laws bhall be made for preventing the administration of oaths by boards of elections to persons intoxicated." Mr. Raynale moved to amend by adding, "and all elections shall be opened by a temperance lecture." Which he withdrew. Mr. Mason's proposition was then disagreed to by yeas and nays, as follows: YEAS. Mr r. Eaton, Gardiner, R Green, Hart, Mason, McLeod, Orr, NAYS. MMr. Danforth, Daniels, Desrnoyers, R Edmunds, Fralick, Gibson, Graham, - 30 233 Mr. Backus, Burns, chapel, J. Clark, Comstock, Dimond, Eastman, Mr. N. Pierce, Rix, Robinson,, Sturgi.,;, Va,ii Valkenburg, Williams, Wi,therel,], 20 Mr. Robevtsor), E. S. Robinson, .M. Robinson., Skinner,, I Soule, story, Sulli'vani - Mr. W. Adams, Arzeno, Axford, Bagg,, - H,. Bartow, J'. Bartow, Bftrdele y, I I JOURNAL, OF TIHE- CONVENTION [July 19 Beeson, Hanscom, Sutherland, Bl:itain,, Hascall, Tiffany, Alvarado Brown, Hathaway,. Town, Ammon Brown, Kingsley, Walker, Asahel Bown, Lee, Warden, Butterfield,. Lovell,. Webster, Carr, Mosher, Wells, Chandler,'Mowry, Wlhite, Choate, Newberry,. WhippTe, Churbc_h O'Brieen, WV hitte more, Conner, Ray nale, Willard, Cook, Redfield, Woodman,, Cornell?. Roberts,. President, 60 The amendments to the resolution accompanying the article were concurredin. Mr. Stoxe.y moved to amend the article by striking out the last clause of section 1. Mr. Robertson proposed the following substitute for the entire sec tion: "In all elections, every white male citizen above the age of twentyone years, every white male inhabitantof the age aforesaid whowas permitted to vote under the provisions of the previous constitution of this state, every civilized male inhabitant of Indian descent of the age aforesaid, not a member of any tribe, who shall be a.native of the United States, and every white male inhabitant of the age aforesaid, who shall have been a resident of this State on the first day of January A'. D. 1849, shall be entitled to vote at such elections: provided, that the last mentioned persons shall first declare their intentions to become citizens of the United States, pursuant to the laws thereof; but no. such citizensor inhabitant shall be entitled to vote at-iany such election unless he shall have resided in this State for six months next preceding such election, nor in any township ori ward unless he is an actual resident thereof." Mr. Storey's amendment did not prevail. Mr. No Pierce moved to strike out all after the word "every,"' in the first line of the section, and insert the following: "Maile person above the age of twenty-one years having resided in this State for six months next and immediately preceding any election, shall be entitled to vote at such election; and every such voter shall be eligible to any office in the gift of the people of this State. But 84 P850.] TO R.EVISE THE CONSTITUTIOl no such citizen or person shall be- entitled to vote, except in the township or ward of which he is an actual resident, and in which he has resided for. ten days next preceding. the day of election." Mr. Morrison moved to amend the original section by adding after ,aforesaid," in the first line thereofq as follows: 4'And white male persons of foreign birth, of the agoaforesaid,. who have resided in the United States two years, and shall. have declared their intentionto become citizens, (conformable to the laws of the United States on the subject of naturalization,) at least one year previous to,an election, and every civilized male person of Indian blood of the age aforesaid, not a member of any tribe." The amendment did not prevail. Mr. N. Pierce's proposition being uuder consideration, On motion of Mr. Woodman, Tthe word "'male" was stricken out. And the amendment as amended was disagreed to. On motion of Mr. McLeod, The original section was amended by inserting after "citizen,"in line one, " and civilized persons of Indiani.descent, not members of, any tribe." Mr. Williams moved to add to the original section as follows:. '"The legislature may at any time extend by law the right of suffrage to persons not herein enumerated, subject, however, to theapproval of a majority of all the votes cast at a general election." The yeas and nays being demandedt l o st, as follows: YEAS. Mr. Green,, Hart, Hixon, Comstocl(, ~ Mason, - a-dn Orr, N. Picree,, NAYS.-. Mr. Cook, Cornell, Crary,, Danforth, DIesnoyersf. 2 o thereon, thu- amendment was.. -4-t. Barinard, H. Bartow,. Charjdie.r,. Comstocl(, Edmunds,. Gale, M. Sturgis,, Wiat, Walker, Wat-den,. wel,Ls, Williams,.. I &-. Mr. J.!, D. Pierce,. Raynale, -Roberts, Robert-son, E. S. R-obinson,. .Sir. W. Adams, Anderson, Arzeno,,, Axfordi, . Backus, JOURNAL F' T[1E: C'OVENTION [July 1 9, Baggi Eastman, M. Robinson, J. Bartow, Eaton, Rix Robinson, Beardsley, Fralick, Skinnier, Beeson, Gardiner, Soule, Britain, Gibson, Storey, Alvarado Brown, Graham, Sullivan, Ammon Brown, Hanscom, Tiffany, Asahel Brown, Hascall, Town, B,rns, Hathaway, Van Valkenbu rg, Butterfield, Kingsley, Webster, Carr, Lee, White, Chapel, Marvin, Whipple, Choate, Mosher, Whittemor, Church, Mowry, Willard, J. Clark, Newberry, Woodman, Conner, O'Brien, President, 6C3 Mr. Walker moved to amend the section as follows: After the word " citizen," in first line) insert "or inhabitant;" also strike out all after the word "election," in 2d line, to and inclu ding the word " aforesaid," in fifth line. Mr. Hanscom moved the previous question on the article without the resolution. The call was sustained, and the main question ordered to be now put. The same recurring first upon the amendment proposed by Mr. Walker, it was lost by the following vote YEAS: Mr. Gale,' Gibson, Graharm, Hathaway, Hixon, Marvin, Morrison, Orr, J. D. Pierce, N. Pierce, ;Raynale, NAYS: Mr. Cornell,I Danforth, Daniels, Desnoyers, i Easmau,, Mr. Araeno, Bagg, Barnard, Beardsley, Asahel Brown, Carr, Chapel, Choate, C rary, Eaton, Edmunds, Mr. Robertson, E. S. Robinson, Soule,. Sturgis, Sutherland, Wait, Walker, Warden, Williams, Willard 32 Mr. W. Ada'ms, Anderso,n, Axfor,di Backus, H. Bar-tow, Mr. Redfield, " Roberts, M. Robinso-ri, Rix Robinson,. Skinner, 150.] TO REVI SE E CONTIT.UTION. J. Bartow, F-raliek, Storey, Beeson, Green, Sulliva, Britain, Hanscom, Tiffany, Alvarado Brown, Harvey,'Town, Burns, Hascall, Van Valkenburg, Butterfield, Kingley, Webster, Chandler, Kinney Wells, Church, Lovell, White, J. Clark, McLeod, Whipple, Comstock, Mosher, Whittemnore, Conner, Newberry, Woodman, Cook, O'Brien, President, 5 The substitute of Mr. Robertson for the section, as amended; was then disagreed to by the following vote,: YEAS. Mr. Anderson, Mr. Gibson, Arzeno, Graham, Bagg, Hanscom, Barnard, Hart, Beardsley, Hathaway, Ammon Brown, Hixon, Asahel Brown, Kingsley, Chapel, MIarvin, Cook, McLeod, Crary, Morrison, Desnoyers, Orr, Eaton, J. D. Pierce, Edmuids, N. Pierce, Gardiner, Raynale, NAYS.. Mr. W. Adams, Mr. Conner, Axford, Cornell, Backus, Danforth,, IH. Bartow, Daniels, J. Bartow, Dimond, Beeson, Eastman,. Britain, Fralick, Alvarado Brown, Gale, Burns, Green, Butterfield, Harvey, Carr, iascall, Chandler, Kinne, Chioate, Lovell, Church, Moore, J. Clark, Mosher, Comstock, Newberry, 297.I Al r. Roberts, . Robertson, E.- S. Robinson, Skinner, Soule, Storey, Sturgis, Sutherland, Wait, Walker, Warden, Willard, President, 4t', Mr. O'Brien, Redfield, M. Robinson, Rix Robinson, Sullivan, Tiffany., Town, Van Valkenburgi. Webster, Wells, White, Whipple, Whittemore, Williams, Woodman, 4 4 I I 2m JOURNAL OF THE CONVENTION [July!9, The question being, ".shall the article entitled',Elections' be tnow read a third time?" were demanded, with the f w "YEAS. MMr. Danforth,'r. Daniels, Besnoyers, Eastman, Fralick, , Gale, Graham, tHascal4, Hathaway, Kingsley, Kinme, Lovell, Mosher, Mowry, Newberry, Mr. W. Adam s, 1I. Bartow, $ J. Bartow, Beeson, HBritain, Asahel Brown, Ammon Brown, Butterfield, Carr, Chandler, Church, J. CIlark, Conner, Cook, Crary, NAYS. MGardiner, Gibson, G reen, Hanscom, Hart, Harvey, Ittixon, Marvin, McLeod, Moore, Morrison, Orr, J. D Pierce, Raynale, Mr. Anderson, M fr.'Gardiner, Arzeno, Gibson, Backas,Gree, Bagg, Hanscom, Barnatd, Hart, Beardsley, Harvey, Alvarado Brown, ilixon, Bu rns, Marvin, Chapel, McLeo Choate, Moore, Comstock, Morrison, Cornell, Orr, Dimond, J. D Pierce Eaton, Raynale, Edmunds, So te article was ordered to a third readin M!'. Story moved to strike out t'he resoluti On motion of Mr. Crary, The resolution was amended asf6llowos: Insert in line 4, before "color," the word "every;" and'trike out 4'citizen," in same line, and insert "inhabitart." Strike out all ater "'the," in 5th line, up to and including "1851," in the 6th line, and insert the rights and privilegesof an elector." Also, strike out in khe 1ith' line.tie words,'4after the 1st day,of January, q 851." ; O'Brien, N. Pierce, Redfield, .Roberts, M. Robinson, Rix Robon, Soule, ':Sullivan, Town, 'Wait, Wei Is, W hite, 'Whipple, Whittemore, W illatd, i'Robe,-tson, 'E.'-S.'Robinson, 'Skinner, Storey, S t u rgi S, Siifherland, Tiffany, VanValkenburWalker, Warden, Webster, Williams, Woodman, Presiden4 4,3 'ls50. TO RFVISE THE CONSTITUTION. On' motion of Mr. Church, The resolution was -further amwended by striking out, in the 15th and 16th lines, the words "for and againrst,the said separate amendn-ent." The question beirrg upon "Mr. Story's motion to'strike out, the same ,was lost by the following vote: YEAS. Mer.'Graham, Hanscom, Marvin, - McLeod, uMowrv,y, Newberry, O'Briein, NAYS. SIr. Eaton, Edmunds. Fralick, Gardiner, Green, Hart, Harvey; Hascall, Hathaway, HixoIn, Kingsley, Kinne, Lovell, Morrison, M osher, Orr, J. D. Pierce, N. Pierce, iRedfield, R olertson, Mr. Van Valkenburgh moved to adjourn. But the Convention refused to adjourn. Mr. Cook moved the previous question. But the call was not sustained. On motion of Mr. Desnoyers, The Convention adjourned. 239 Mr. Rayniiie, Roberts, E. S. Ilobinso M. Robitison, Storev, Sullivan, Whipple, Mr. Arzeno, .'Bagg, Beeson, ,)Burns, Butterfield, Chapel I - Crary, 21 Mr.';W.,Adams, Backus, ,H.']Bartow, 'Britain, ,-Alvarado Brown, Ammon Brown, Asahel Brown, 'Carr, Chandler, Choate, 'Church, 'Comstock, Conner, ,Cook, I-CorDell, 'Danforth, DaDiels, Desnoyem Dimond, Eastman, Mr. Rix Robinson, Skinner, Soui,e, Sutherland, Tiffatiy, Town, Van Valkenburg, Waite, Walker, W arden, Webster, Wells, White, Whittemore, 'Willa-rd, Witherelf, Woodman, President, -'59 JOURNAL OF THE CONVENTiON [July:, Lansing, Saturday, Jtly 20, 1850. 'The President called the Convention to order at the,usual hour. Prayer by the Rev. Mr. Batg, baan. The roll being called, there were absent with leave, Messrs. S. Clark, Leach, McClelland and Prevost; without leave, Messrs. P. It. Adams, Crouse and Sutherland. AB',EC'-E. Mr. Ba,nard asked and obtained leave of aDnce for Mr. Grouse until Tuesday next. Mr. J. Bartow focr ]r. Sutherland for the day, on account of ill healtht PET!TIT S. ],y Mr. Story: the petition of Ichabod Cole, Henry Foster, and 292 other citizens of Jackson county, praying the insertion of a clause in the Constitution prohibiting the employment of convicts in the State Prison at those branches of mechanical labor which interfere with mechanical trades in this State. Which was referred to the committee on miscellaneous provisions. By the President: the petition of J. M. Cooper and 156 other citizens of Detroit, praying for an insertion of a provision in the Constitution prohibiting the legislature from passing any laws authorizing the sale of intoxicating liqluors as a beverage; also the petition of Francis Raymnond and 32' others; also, Wm. A. Butler and 14 others, citizens of Detroit, praying for like objects. Also,the petitions of Eliza N. Whipple and 79 otherladies; Mrs. H. T. Backus and 203 other ladies; Mrs. W. Cole and 333 other ladies; antd Mrs. D. Knight and 80 other ladies, of the city of Detroit, prayin,g for a like prohibition. WThich were referred to the select committee on licenses. MOTIONS, RESIOLUTIONS AND NOTICES. Mr. Witherell offered the following: Resolved, That the President of this Convention shall be entitled to receive the sum of four dollars a day, and no more, for his services during the remainder of the session. Which, on motion of Mr. Hansom, \Was indefinitely postponed by the following vote: 24O0 TO R.REVIS,E THE.- CONSTITUTION. -YEAS: Mr. W. Adams, Mr. Daniels, Mr. Mowry, Alvord, Deanoyers, O'Brien, Anderson, Dimond, Orr, Arzeno, J iastmar) J. D. Pierce, Axford, Eaton, Raynale, Backkus, Fralick,. Robertson, Bagg, Gale, E.S. Robinson, Baruar], Gardiner, M. Robinson, ,H. Bartow, Gibs-n, Rix Robinson, J. Bartow, Graham, Skinnei, Beardsley, G reenn, Soule, -Beeson, Hlanscom, Storey, Alvarado, Brown, Atart, Tiffany, Ammon.Brown, Harvey, {Town, Asahel Brown, Hascall, Van Valkenburg, 'Burnrs, Hathaway, Warden, Carr, Kingsley, Webster, '-handler, Ki-nne, Wells, Chapel, Love)l, White, Choate, Marvin, VWhittemore, -Church, McLeod, Williams, J. Clark, Moore, Willard, Cook, Morrison, Woodman, "Cornell, Mosher, 7 NAYS: ,r. Bttterfie'ld, Mr. Edmunds,.jfr. N. Pierce, Comrstock, Hixon,'Wait, Crary, Mason, Witherell, -Danforth, Newberry, 11 Mr. Church gave notice that he would on Monday next, introduce a resolution requiring the committee on,finance and taxation to report Mr. Crary gave notice that he would on eMonday next, move to take up the Judicial Article and the resolution relating thereto. Mr. Kingsley mnoved to reconsider the vote by which the article 6 Elections," was yesterday ordered to a third reading. Mr. Hanscom moved to commit the article to the committee that reported it, with instructions to strike out section 1, and insert the following to stand as section 1, and report the same back to.the Convention forthwith: "In all elections,,every white male citizen above the age'of twen. ty-one.years, every white male inhabitant of the age aforesaid who 1'850..1 13..Il JOUTRNAL OF THE CONVENT3ION [July 20 was permitted to vote under the provisions of the previous constitution of this State, every civilized male inhabitant of Indian descent of the age aforesaid, not a member of any tribe, who shall be a native of the United States, and every white male inhabitant of the age aforesaid who shall have been a resident of this State on the first day of January A. D. 1850, shall be entitled to vote at such elections:: Provided, That the last mentioned persons shall have declared their intentions to become citizens of the United States, pursuant to the laws thereof, at least six montlhs next preceding such election; but no such citizen or inhabitant shall be entitled to vote at any such elec~ tion unless he shall have resided iu this State for six months next preceding such election, nor in any township or ward unless he is an actual resident thereof, and shall have therein resided for ten days next preceding such election." Mr. J. Bartow.raised a question of order, that "the Article havin.g been Qrdered to a third reading under a demand of the previous question, a motion to commit with instructions could not be enter tained." The President decided that as the motion to commit was a privi. leged motion, it was in order to entertain the same. Mr. J. Bartow appealed from the decision; but withdrew the sam,e previous to the question being stated. Mr. Walker moved to amend the instructions by striking out " on the 1st day of January, A. D. 1849," and inserting " at the time of the adoption of this Constitution." Mr. Raynale offered the following substitute for the instructions: "In all elections, every white male citizen, and every civilized male inhabitant tof Indian descent, not a member of any tribe, above the age of twenty.one years, being a native of the United States of America, having resided in this State six months next preceding an election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, having resided in this State two years in all, and having filed his intentions to become a citizen of the United States, according to tht laws of the United States on thei subject of naturalization, shall be entitled to vote at all elections. Provided, Such inhabitants shall have resided in this State for the sir rmonths next preceding such, election;, but o such. citizen or ina a, -0 . - T' CNSTO ~ON: habitant shill.'be etitled to'vto except iu the towhip or ward where he shall have atually, resided, fbo the tea d&y naxt ue ceding such election." Mr. J' Clark' moved to lay, t~ whole subject on s table, but withdrew the same. before, the qaestion was taken. The question being, on the amendment' proposed byly Mr. Walker, Mr. Britain moved to postpone the whole sjet until, Tuesday next. Mr. Iathaway moved" to amrend the'above motion. by striing, out " Tuesday" and inserting " Friday." WhiCh'did not prevail. The question then recurring upon Mr. Britain's, motio, the. same was lost, as follows: YEAS: Mr. Crary, Gale, Gardiner, Green,' Hanscom,. Hart, Lee, McLeod, NAYS: M Ar. Danforth, Desnoyers, Dimond, Eastman, Eaton, Fralick, Gibson, Graham,. Harvey, lHasca,lit Hathaway, Hiixon, Kingsley, Kinne, Lovell, Marvin, Mason, Moore, Morrison, Mosher,. oaowryr, 243 Mr. Alvord, Anderson, Beardsley, Britain, Burns, J. Clark, Conner, Cornell, Mr. O'Brien, Robert.son, E. S. Ro0-ingon, Ri x, R ohinson, Sturgis, Town, VanrValktenrbargh;, W'hite, 24 Mr. W. Adams, I Arzeno, Axford, Backus7 Bagg, Barnard, H. Bartow, J. Bartow, Beeson, Alvarade Brown,. Ammon Brown, Asahell Brown, Bush, Butterfield, Carr,, Chandler, Chapel, Choate, Church, b4 ~ Cometoek* Cook, 2 Mr. Newberry, Orr, J. D. Pierce, N. Piere, RPaynat,e,' Redfield, M. Robinsoni Skinrner, Soule, Su'llvagt, Ti ffany, Wait, Walker, Warden, Webster, Wel'ls, Whittemotr; Williams, -W illard, -:" Woodrmsa;, President-k 63 JOURNAL OF THE CONVENTION' [July ", Mr. Sturgis moved to amend the instructions of Mr. linscom by ,striking out" 1849," and inserting " 1850." Which was accepted by Mr. Hanscom. Mr. Walker then moved to strike out "1lst day of January, 1850," and insert " at the time of the adoption of this constitution," After some debate, Mr. Walker withdrew the motion. The question then recurred upon the substitute nffered by Mr. Raynale. Pending which, Mr. Raynale moved a call of the Convontion, and the call was ordered. There were absent without leave, Messrs. P.R. Adams, J. Bartow, Sullivan, Story, Tiffany and Witherell. Mr. Danforth moved to dispense with further proceedings under ,the call. But the motion did not prevail. On motion of Mir. Raynale, The Sergeat-at.Arms was despatched after the absentees. The Sergeant.at-Arms reported the absentees present, except Mr. 'P. R. Adams. On motion of Mr. Danforth, All further proceedings under the call were dispensed with. The question.then recurring upon the adoption of the substitute of' Mr. Raynale, Mr. Whipple moved to strike out "2 years," and insert "3 vears." Which was disagreed to, as follows: YEAS: Axford, H. Bartow, J. Bartow, Beeson, Britain, Ammon Brown, Burns, Carr, Chandler, J. Clark, NAYS: Mr. Eaton, Edmunds, Ga., MB. Raynile, Redfield, Roberts, 29 244 1'4r. W. Adams, Alvo, d, Anderson, t850.] TO, REVISE THIE CONSqITUTION. IArzenon Backus, Bagg, Barnard, Beardsley, Alvarado Brown, Asahel Brown, Bush, Butterfield, Chapel, Choate, e Church, Cornell, Crary, Danforth, Daniel, Dimond, Eastman, Mr. Whipple moved to strike out "six months," and insert "four mon ths. " Mr. Burns moved to amend by inserting " three months;" which was accepted by Mr. Whipple." Mr. Backus called for a division of the qpestion; and the words; six months" were stricken out. The words "three months" were then inserted. Mr. Hanscom then modified his instructions to conform to the above amendment to Mr. Raynale's substitute: Mr. Storey moved to strike out "-for the ten days nex preceding, such election." Which was not agreed to. Mr. Crary moved to strike out of' the substitute "being a native of the United States." Which was accepted by Mr. Raynale. The yeas and nays were then ordered on the substitute and the, call commenced, When Mr. Backus moved to amend by adding at the end of the. substitute the following: "and every such elector shall be eligible to all offices under this Constitution;" and was proceeding to debate the question, but was called to order by Mr. Hanscom. The amendment was decided rot in order. Mr Mason mooved that Mr. Backus have,leave to proceed. 245i Gibsoin, Green, Hanscom, Hart, Harvey, Hascall, H,athaway, Hixon, KiDgSley, Lee, Lovell. Marv;n, Morrisonj ]Kosher, O'Brien, Orr, J. D. Pierce, Robertson, E. S. Robinso Rix Robinson, Soule, Stti rgis, Sullivan, Tiffany. Van Valkenbu Wait. Walker, wardl-n, W,ells, Williams, Willard, Witherell, Woodman, President, 61 JOURNL'O THE CONWEWIO [July -20, This tioiew&s &lso decided %t in order, as the call of the roil bhd been commeneed. Mr. Raynale',ssubstitute was then lost by a tie vote, as follows: YEAS: .,Mr. Desnoyws, Eastman,e Eaton, Edmunds, Gibson, Hixoii, 'ings'y, Lee, Lovell, Marvin, teasons2 iecLeod, Morrison, O'Brien, Orr, NAYS. Fralick, Goale, GaTdiner, Grahan, Gree-n, HanscoSie Hart, 'Harvey, 'Hascall, Hathaway, Kinne, Moore, Mosher, olowry, Newberry, The question then recurring upon Mr. Hanscorm's motion to cor mit with instructions, Mr. Backus moved to amend the instructions by addingas follows: "4 And every such elector shall be eligible to all offices under this Constitution." Mr. Mason moved that the ConT-rention adjourn. Which was disagreed to. Mr. Backus then proceeded to debate the amendment, but gave way by request Mr. Al vo rd, ,-Andersoh. Arzeno, Bagg, Barnar, 1H. Bartow., Eritain AlvaPm4o Brown, A~s~Lel::Brwn, Chape-;, Choate, Church, Cornell, Panforth, Mr. J. D. Pierce, Raynale, E. S..Robinso Ri'x Robnson, Soule, Sturgis, Tiffmay, Walker, Warden, Wlipple, Williams, Willard,. Witherell, WVoodman, President, 45 Mr. W. Adams, Axford, Backtus, I. Bartow, BeesorE, Ammon Drown, Burns, Bush, Butlerfield, Carr, Chandler, Comstocli, Connehr Cook, Daniels, Mr. N. Piereq, Redfield', Roberts, Robertson, M. Robinson, Skinner, Storey, 'Sullivan, Town, Van Valkenburg, Wait, Webster, Wells, White, Whittemore, 45 I4o.1 X wIS T-iuE m~Io When, t} motion of Mr. Hanscom, Thbe Convention adjourned. Aft'ernoon Sesion. Three o,lock. The Convenati(n was caI1ed to ord6t by the Presidt A quorum of members in attendance. The Conveaition resumed the consideration of the motion to edom mit with instructions, made by Mr. Hanscom. The question being upon the amendment of Mr. Baok Io th int st-ructions, Mr. Backus modified his amendment so as 1o read as fo1 lows: "And every such elector shall be eligible to all offices in'this State, at the same age and upon the same terms of residence as is proserib, ed in this Constitution." The amendment was adopted by the following vote: YEAS. Alv6rd, t~ Anderson, Arzeno, Axford,l Backus, R. Bartow, Alvarado Brown, Asahel Brown, Butterfield, Carr, Chandler, Church, J. Clarlk, Comstock, Cook, Crary, Danforth, Daniels, NAYS. Mr. Dimond, Fraliek, Hanscom, Hathaway, Kingsley, Kinne, fl,44 52 Mr. W. Adams, Bagg, J. Bartow, -Beardsley, Britain, Amrmon Br'owa, Mr. Roberts, Robertson, E. S. Robinson, Skin-ner, Soule, Sturgis, TF -1QON V~3N [Jl y' Choate, Marvin,, Titiany, Conner, McLeod. Whittemore, Cornell, O'Brien, P'residernt, Desnoyers, J. D. Pierce,29 Mr. J. D. Pierce moved to amend the instructions by insertingf aftor "State," in 4th line, "and also every white male inhabitant of the age aforesaid, wiho shall have resided in th S-ate two and a half years, and declared his intention to.become a,citizen of the.- United States.,"' Mr. Robertson moved a call of.. the Convention, which was sustained; and upon. calling the roll, Messrs. P, Rt Adams, Burns, Moore, N. Pierce,'Town and Witherell, were absent without leave. Mr. Morrison moved to dispense with all further proceedings unm der the call. Which was not agreed'to, Mr. Eaton moved that the Sergeant.at-Arms be despatched after the absentees.. Which motion did not prevail. Mr. moved/that the Convention adjourn; but the Conver tion refused to adjourn. On motion of Mr. Mason, all'furtler proceedings under the call were disp[)ensed with. Mr. Backus moved to strike out of the above all- after the, wordi "aforesaid," of Mr. J. D. Pierce's amendment. And the yeas and nays being ordered thereon, the same did notprevail, as follows-. Mr. Alvord, Andersonr Axford, Backus,. Asahel Brown, Carr, Chandler, Church, Crary, YE";S., Mr. East.-nan, Edm.unds, - Gale, Gardiner,,, Greenr, Harvey, Iheascall,, Lovell, Mason W NAYS; Mrt Desnoyer M Dimond,. Bg Eat'onI, R 1 49 Mr. Mowry, Newberry, N. Pierce' Rix Robins, Wait, Webster~,. Wells, White, Williams, 27' Mr; W. Adams,, Arzeno, Bagg,. Mr. Redfield, Roberts, Roboerson,. t.:l] TO REV ISE TH-E.( 0NSTITUTION. Barnard, H. Bartow,. J. Bartow, Beeson, Britain, Alvarado Brown, Ammon Brown,, Bush, Chapel, Choate, J. Clark, Comstock, Conner, Cook, Cornell, Danforth, Daniels, E. S. Robinson, M. Robinson, SkinnerSoule,. Storey, Sturgis, Sullivan*, Tiffany, Van Valkenburg' Walker, Warden, -Whipple, Whittemore,. Willard,! Woodrnan, Presidenit. The question then recurring upon the amendment of Mr. J. DE Pierce, the same was adopted by the following vot YEAS. Mr. Alvord, Mr. Desnoyers,. Mr. Anderson, Eastman, Arzeno, Eaton, Backus, Edmunds, Bagg, Gale, Barnard, Gardineri H. Bartow,. Gibson, J. Bartow, Graham, Beardsley, Hart, Britain, Hascall,. Alvardo Brown,. Hathaway, Bush, Hixon, Butterfield, Kingsley, Chandler, Kinne,V Chapel, Lee, ae Choate,. Lovell,Wa Church,. Marvin, Conner, Mason, Cook, McLeod, Cornell, Morrison, Crary, Mosher, Danforth, Mowry, NAYS. Mr. W. AIams, Mr. Daniels, Mr. Axford, Dimond, Beeson, Fralick, -Ammon Btowni,. Green, :., ; 24,0 , , I Fralick Gib$OD' Graham, Ibnscom, Hart, Hathaway" Hixon, Kitigsley. Kinne, Marvin, AlLeod,, Morrison,. Mosh'er, O'Brien, Orr, J. D. Pierce,, Raynale, 50, Newberry, O'Brien, Orr, S. D. Piercei, N. Pierce, Raynale, Roberts, Robertson, E. S. Robinson,. Skinner, Soule, Sturgis, Sufli-van, Van Valkenburg,.. Walker, Warden,, Wells, Wh.ipple,.,, Williams, Willard, Woodnnan, President, 66" Rix Robinson,., Storey,. Tiffany,. Tbwn,, JOURNAL OF THEGO:VENT-lON rJly 0, Anhtel Brown, Hanscon, Wait, Car, Har%,ey, Webster, J. Clark, Redfield, W tite, Comstock, M. Robibns-"o, Whittemore, 24 Mr. Warden moved to reconsider?he vote by which the Convenvention adopted the amendment offered by Mr. Backus to the instructions. Which motion was agreed to. Mr. Walker moved to amend Mr. Backus' amendment by inserting after is State," the words "for eligibility to which,; no other test is applied in this Constitution.' Which motion, after some debate, was withdrawn. The question then recurring upon Mr. Backus' amendment, Mr. Bagg moved a call of the Convention, which being sustained, and the rollbeiing called, Messrs. P. R. Adams, Alvarado Brown, Burns Daniels, Desnoyers, Hixon and Kinne were absent without leave. On motion of Mr., All further proceedings under the call were dispensed with. Mr. Backus' amendment was then disagreed to by the following vote: YEAS: Mr. Gale, Graham, Green, Harvey, Hascall, Lee, Lovell, Masop, oMowry, Newberry, Orr, dMr. Axford, Backus, H. Bartow, Asahel Brown, Carr, Chandler, Church, Comstock, Cook, - Crary, Eastman, 'Edmunds, NAYS: Mr. Danforthb, Desnoyers, Dimond, Eaton, Fralick, Gardiner, Gibson, Hanscom, Mr. N. Pierce, Rix Robinson, Sullivan, Wait, Webster, Wells, White, W illiams, ~ Willard, Witherell, Woodman, 34 ,Mr. W. Adams, Alvord, Anderson, Arzeno, Bagg, Barnard, J. Bartow, Beardsley, Mr. J. D. Pierce, Raynale, Redfield, Roberts, Robertson, E. S. Robinson, M. Robinson, Skinner, TO, OEVISE THE CONSTITUTUON. Beeson, Hart, SoWe! Britaion, Hathaway, Storey, Ammon Brown, Kingsley, Sturgii, Bush, Marvi.n, Town, Butter-field, McLeod, Van Vb~keiburg, Chapel, Moore, Walker., hoate, Morrison, Warden, J. Clark, Mosher, Whipple, Conner, O'Brien, President, Cornell, 52 The question then being upon committing with the instructions, which, as amended, were as follows: "In all elections, every white male citizen above the age of twenty-one years, who shall have resided in this State three months next preceding any election; every white male inhabitant of the age aforesaid, who was permitted to vote under the provisions of the previous constitution of this State; and also every white male inhabitant of the age aforesaid, who shall have resided in the State two years and a half, and declared his intention to become a citizen of the United States; and every civilized male inhabitant of Indian descent, of the age aforesaid, not a member of any tribe, who shall be a native of the United States; anid every white male inhabitant of the age aforesaid, who shall have been a resident of this State on the first day of January, A. D. 1850, shall be entitled to vote at such election; provided the last mentioned persons shall have declared their intention to become citizens of the United States, pursuant to the laws thereof, at least six months next preceding such election; but no such citizen or inhabitant shall be entitled to vote at any such election, unless he shallhave resided in this State three months next preceding such election, nor in any township or ward, unless he is an actual resident thereof, and shall have resided therein for ten days next preceding such election." The same prevailed by the following vote: YEAS. Mr. W. Adams, Mr. Danforth, Mr. J. D. Pierce, Alvord, Desnoyers, Raynale, Anderson, Eaton, Redfield, Arzeno, Edmunds, Roberts, Bagg, Gardiner, Robertson, Barnard, Gibson, E.S. Robinson, 26a JOURNAL OF THE CONVENTION [July-2t [Jl,'~ Rix Robins6n, Skinnerg.. Sotule, Storey, Sturgis, Sullivan, Van Valkenburgi, Walker, Warden,. Whipple,.. Willard, Witherell, President, H. Bartow, Beardsley,. Britain, Alvarado Brown, Bush, Butterfield, Chapel, Choate, Church, J. Clark, Conner, Cook, M Cornell, Crary, NAYS. ralick, aale, reen, arvey, ovell, ason, [oore, osher, owry, ewberrty, 'Mr. Axford, I Mr. F, Backus, G J. Bartow, G Beeson, H Ammon Brown, L, Asahel Brown, Mi Carr, M Comstock, m Daniels ) M I Dimond, N Eastman, On motion of Mr. CornrlI, The Convention adjourned. Lansing, Monday, July 22, 1850.; The Convention met at the usual hour an& was called to order bythe President. Prayer by the Rev. Mr. Sanford& The roll being called, there were absent on leave Messrs. S. Clark, Crouse, Leach and McClelland, and without leave, Messrs. P. RR. Adams, Bagg, Story, Sturgis and Whipple. LEAVE OF ABSENCF Mr. Eaton asked and obtained. leave of absence for Mr. Bagg f6r the day., REPORTS, Mr. Whittemere, from the committee on:he -Oective,Franchise,'r 252 Graham,. H~ansomfn, Hart, Hascall Hathaway, Hixon,:~ Kingsley,, Kinner, Lee, Marvin, McLeod, Morrison, O'Brien, Orr, 5, Mr, N. Pierce, M. Robinson,.. Town, Wait, Webster, Wells, White, Whittemore, Williams, Woodman, 311 a85o.] T- RV$~ THE CONSTITUTION. I I ORF )$E" ,to whom was referred,the article entitled "Elections," with!certain instruction reported the same back amended accordingly. The committee appointed'under the preamble and resolutions adopted in this Convention on the 15th inst., have instructed me as. their chairman to make. tile following report: That they have conferred with and selected the Hon. H. T. Backus, of Wayne, who has consented to deliver an eulogy on the life and public services of'General Zachary Taylor, late President of the United States. And your committee would recommend Saturday, the 27th inst, at 2 o'clock, P. M., and would respectfully solicit the use of this Hall for the occasion. E. S. WOODMAN, Ch'n. The report was accepted. Mr. Fralick moved to strike out "2 o'clock," and insert "7 o'clock." Which was disagreed to. The report was then adopted. MOTIONS AND RESOLUTIONS. Mr. McLeod offered the following, which was laid upon the table Re3olved, TI'hat a select committee of seven be appointed to draft -and report as early as practicable, the form of a general incorporaition law, to be engrafted in the revised Constitution. Mr. ihanscom moved to amend the 34th rule by striking out the word "ten," and inserting "twenty," so that the rule will read. ' The ayes and noes may be called for by twenty members." But two-thirds not voting therefor, it was decided in the negative, yeas 53, nays 27. On motion of Mr. Church, Resolved, That the committee on printing be instructed to examine into the state of the publication of the debates of this Convenition, and to make arrangements, if necessary, for their earlier issue. Mr. Hanscom moved to amend rule 8 by striking out of 2d line, "one hour," and inserting "five minutes," so that the rule shall read, "No member shall speak more than twice on the same question, nor more than five minutes- at any one time, without leave of the Convention, nor more than once until every member who chooses to :speak shall haoe spok.en.'" 25'3+ JOURNAL OeF THE C ONYVETION [July 2g Mr. Van. Valkenburg moved to strke out "five," al d id,rt A twenty." I A division of the question being had, the notion: to strilie out wa-; lost. And the yeas and nays being asked by Mr. Crary on the amendrmeu to-the rule, the result was as follows: -YEAS: Mr. W. Ad-ams, [ir, Eatoln, Mr. Mowry, Anderson, Edm)untds, Newbetry, Axford, Fralick, O'Brien, Britain, Gardiner, Orr, Alvarado Brown, Gibson, Redfield, Ammon Brown, Grahamn, Robertson, Bush, Gteen, M. Robinson, Butterfield, Ha iscom, Soule, Carr, I art, Storey, Chandler, [lar'ey, Sullivan, Choate, HaIscall, Ti-t-ny, Comstock, liathlaway, Town, Cook, Hixon, Walker, Cornell, Kingsley, Warden, Crary, Kinrlie, Whittemrore, Danforth, Lee, Willard, Daniels, Mlason, Witherell, Desnoyers, M I,r.rison, Woodman, Dimond, Mosher, 56 NAYS. Mr. Alvord, Mr. Eastman, Mr. Rix Robinson, Arzeno, Gale, Skinner, Backus, Lovell, Sutherland, Bagg, Marvin, Van Valkenburg, H. Bartow, McLeod, Wait, J. Bartow, Moore, Webster, Beardsley, J. D. Pierce, White, Asahel Brown, N. Pierce, Whipple, Chapel, Prevost, Williams,, Chuirch, Ravnale, President,. J. Clark, E. S. kobinson, 32 So, two-thirds not voting therefor, the rule was not amended a. proposed. M,r. Church moved to amend the $th; rule by striking out "onre hour," and inserting "ten minutes." Mr. N. Pierce moved to strike out "ten," and insert "fifteen," Which did not prevail. The amendment was then agreed to by a two-thirds votes 254 185o.j: TO REVISE THE CONSTITUTION. THIRD READIN'G OF ARTICLES. The Article entitled " Mode of amending and revising the Consti. tutior,,"' was read a third time, passed, and referred to the cormmittee on arrangement and phraseology. UNFINISHED BUSINESS. The Conventio-n having reached the order of unfinished business,. resumed the consideration of the resolution accompanying the arti.. cle entitled "E ections." On motion of Mr. Woodman, 'IThe vote was reconsidered by which the words " for aind against the said separate amendment" were stricken from the 15th and i61th1 liLes; when Mr. Church withdrew the prioposition. Mr. Comstock moved to reconsider the vote by which all after the word " the,". in the 5thi line, up to and including'8,51," was strickl en out, and the words " the rights and privileges of an elector," ih serted in lieu thereof. Mr. Williams asked the yeas and nays thereon, and the same beirmg demanded, the motion to reconsider was lost, as follows: YEAS. Mr. Arzeno, Mr. Green, Mr. Redfield, H. Bartow, Hart, Robertson, J. Bartow, Harvey, Tiffany, Britain, Hascall, VanValkenb,urg, Asahel Brown, Hixon, Wait, Bush, Lee, Walker, Chandler, Loovell, Webster, Comstock, McLeod, Wells, Conner, Moore, White, Daniels, Mowry, Whittemore, Edmunds, Orr, Whipple, Gale, N. Pierce, Williamrns, Gardiner, Prevost, Woodman, 39 NAYS. Mr. W. Adams, Mr. Cornell, Mr. O'Brien, Alvord, Crary, J. D. Pierce, Anderson, Dan.forth, Raynale, Axford, Desnoyers, Roberts, Backus, Eastman, E. S. Robinson,, Barnard, Eaton, M. Robinson, Beardsley, Fralick, Rix Robinson, Alvarado Brown, Gibson, Soule, Ammon Browi, Grabm, Storey, 26,5 JOURNAL OF THIE COINVENTION' [July 2 Hanscom, Hathaway, Kinne, Marvin, Mosher, Newberry, '.he resolution was then ordered to a third readling. Mr. Britain, by consent,.presented the petition of Daniel Baker anrd 57 others, asking the insertion in the Constitution of an article prohibiting the manufacture and sale of intoxicating liquors as a beverage. Referred to the select committee upon the subject. Mr. Barnard, by consent, presented the petition of B. C. Curtis and 39 others,,on the subject of convict labor inthe State prison. Referred tothe committee on miscellaneous provisions. The Article -entitled-" State Officers," being taken up for consideration, and the question being on concurring in the amendments made in committee of the whole, On motion of Mr. Redfield, The article was laid upon the;table and ordered printed with amendments. The article entitled "Countv Officers and County Government" being unider consideration, the amendmerants made in committee cf the whole were severally concurred in. On motion of Mr. Britain, Section 10 was amended by adding thereto the words, "volting upon that subject." Mr. Eastman moved to strike out section s. Mr. Chapel moved to amend the section by striking out "twothirds," and inserting in lieu thereof, "a majority;" and also, by striking out "a majority," and inserting ",three-fifths." Mr. Willard moved to amend the proposition by inserting "two ,hirds," instead of -" three-fifths." Which prevailed. The question being upon the amendment as amended, Mr. White asked a division of the question.; and the same recurring first on striking out " a majority," it was agreed to, and "two ithirds" was inserted,in lieu thereof. '266 IButterfield, ,.,Carr, Chapel, .,Choate, ,J. Clark, Cook, . Sturgis, Sutherland, 'Town, .Warden, Willard, 'President, 4'b Ing.] TO REV!gE THE CONTITLTIO The question being on the second clause of the amendmnt, Mr. Robertson demanded the yeas and nays; and the same -ei ordered, The motion to strike out "two.thirds" prevailed, as follows: YEAS. idxM. Crary, Danforth, Desnoyers,a Eastman, Eaton, Fralick, Gale, Green, Hanscom, EIBarvey, Hascall, Hathaway, Kinne, Marvin, McLeod, Moore, Morrison, Mosher, Mowry, Newberry, Orr, Mr. J. D. Pierce, N. Pierce, Raynale, Redfield, E. S. Robinsorn, M. Robinson, Soule, Storey, Sturgis, Sullivan, Tiffany, Town, Van Valkenbarg, Walke~r, Warden, Webster, Whipple. Whittemore, Willinasw, 'Willard, 'W ooiman, Alvord, Anderson, ArzerIo, Barnard, H1. Bartow, Beardsley, 'BeesoD, Pritain), Alvarado Browni, A.mmon Browxn, Asahel Brown, Butterfield, Chandler, Chapel, Chum.ch, .. lark, Cornstook, Conner, Cook., Cornell, NAYS. MMr. Lovell, O'Brien, Prevost, Roberts, Robertson, Rix Robinson, Anrd the words "a majority," were inserted in lieu thereof. The motion of Mr. Eastman to strike out section 9 was then lost. Mr. Cornell moved to amend section 8 by inserting in the first line, af.er " new," the words 1' and change the boundaries of." And the same prevailed. OC motion of Mr. Butterfield, The section was amended by inserting after "townships," in d line, the folowing:" "Provided, no township heretofore organized shall be..iiV' ed 2511 Mr. W. Adams, 64 Mr. J. Bartow, Cl-ioate, Gai-din,er, Hart, Hixon, KiDgsley, -Mr. Skinner, Wait, Wt-,Ils, White, President,. 17 ;33 JOURNAL OF THg CONVENTION [July 2' without the sanction of a majority of the inhabitants of the territory proposed to be set off." Mr. Arzeno offered the following substitute for the section: "The board of supervisors of all organized counties shall have exclusive power to organize new townships and to divide townships, but no new township lines, other than those made for the purpose.o4 organizing new townships, shall be valid unless the majority of the voters of the township whose territory it is proposed to take,. shall agree to the same in a manner to be provided by law, and nc new township shall be organized of less dimensions than the United States survey thereof " On motion of Mr. Crary, The section was further amended by striking out "of," in 2d line of section 8, and inserting " or repair of roads or." Mr. Backus moved to amend by striking out" United Stales survey thereof," and inserting in lieu thereof, the words "' less than six square miles." He afterwards modified the same by inserting " thirty-six" in lieu of "six." Mr. Backus subsequently withdrew his amendment and substituted the following: Add at the end of the section: "where such surveys exist.'" Mr. Eastman moved to amend the amendment by adding," andr not divided by meandered streams." Pending which, On motion of Mr. Crary, The Convention adjourned.. Afternoon Session. Three o'-cloek. The President called the Convention to order. A quorum of members being in attendance, the consideration of the article entitled "County Officers and County Government" was resuwed. The question being upon Mr. Eastman's amendment, it did not. pre vait The arndment, proposed& bl Mr. Backus was not agreed ta. 259 1850.1 TO REVISE THE CONSTITUTION. On motion of Mr. Redfield, The last clause of the section, (8,) being all after -' counties," in the 3d line, was stricken out. Mr. Arzeno then withdrew his substitute for the'section. Mr. Cornell moved to, amend by adding to the same section as fol lows: "1The compensation of the members of the board of supervisors may be fixed by law; but shall never exceed one dollar and fifty cents each per day." Mr. Willand moved to strike out "and fift'y cents,'' When Mr. Cornell withdrew his proposition. On motion of Mr. J. Bartow, Section 6 was amended by inserting after "powers," the words "and compensation." Mr. Eaton proposed to amend by adding at the end of section 2 as follows: "except the county of Wayne." But the amendment was not agreed to. Mr. Williams moved to amend the same section by striking out "six hundred square miles," and inserting in lieu thereof "sixteen townships as surveyed by the United States." Mr. Fralick moved to amend the amendment by inserting " four hundred," instead of "six hundred." Which did not prevail. The amendment proposed by Mr. Williams was then adopted. On motion of Mr. Daniels, Section 3 was amended by striking out of the 3d line, the words "one county surveyor." Mr. Walker moved to amend section 3 by adding after the word~ "law," in the fourth line, as follows: "and any qualified elector, who. shall have resided in the county sis months next preceding the elec. tion, shall be eligible to the aforesaid offices." Mr. Cook moved to amend by striking out so much as relates to~ the time of residence. Mr. Walker accepted the amendment, and hia proposition wa; then negatived. Mr. W. Adams proposed to amend section 8 by adding thereto, as follows: 259) Graham, Green, HIaianscom, Hart, Hathaway, Kingsley, , Kinne, Lee, Lovell, Marvin, McLeod, Mosher, Mowry, Newberry, O'Brien, 'Orr, N. Pierce, Raynale, NAYS. Mr. Harvey, Hascall, Cornell, Hixon,,els Morrison, Skinner, Mr. Ammon Brown, 'Cook, Cornell, Danforth, Eastman, Gardiner, Mr. Hascal:l proposition was then Trejeeted. Mr. Fralick moved to amend section 11 by inserting after "su peviors," in line 1, the words ".or county auiditor.'" Which was not agreed to. Backus, Barnard, H. Bartow, J. Bartow, Beardsley, Britain, Alvarodo B,rown Asahel Brown, Chandl~er, Choate, Church, Coinstock, Cognner, Daniels, Desnoyers, Diamond, Eaton, Edmunds, Robertson, E. S. Robinson, 'M. Robirson, R ix -Robinson, Soule, Storey, Strtiges, Tifflany:, Van Valkeiabwg, Wait, Walker, Warden, Webster, White, Whipple, Whittelmor~e, Woodman, President, 60 Mr. Sutherla nd Town, Wells, Willard, Witherell, 16 1850-,. i 9,BIE THE CON/i..sI,. On motion- of Mr. Tiffany, Section 9'was amended by inserting after "electors," in' the 3d line, the woras "voting thereon." Mr. Whipple' moved to amend the article by striking~:Uiu? section 3, " prosecuting attorney," and; adding the following tb' statnd as a new section: "'*A prosecuting attorney for eachl judiial circuitshallbetele)ted by the- qualified electors at the sarme' time that judicial' offiots are elected, as provided by this constitution, who shall hold his oflice for the term of four years, and whose duties and compensatix.sHall be prescribed by law." Which was not agreed to. On motion, of Mr. Redfield, The vote by which Mr. Fralick's amendment' to sectionf I1 was rejected, was reconsidered. Mr. Fralick modified his amendment by adding thereto, "for the county of Wayne." Mr. Fralick further modified his amendment so as to read "and in the county of Wayne, the board of county auditors." And' the same was then agreed to. On motion of Mr. Church, The vote by which the Convention refused, to strike out section 9 was reconsidered. Mlr, Eastman moved to amend the section by striking out "when once," in the firstline, and inserting "now)' in it'sstead., But, the motion was lost. The vote being again taken uponstriking, out, section 9,[the Convention refused to strike out. Mr.f Hixon moved to amend section 10 by striking'outin the' 1st fine " borrow or,' and in the ad line the- words "borrowed or," Upon which he asked the yeas and n-as aind' the same bei de. as lost, a, follows: YEAS:Mr. Gardiner,. Graham, Hanscom, Hart, m N-r., rriard, I Beeson, Britain, Alvarado Brown, Mr., O'Brien,,, Rayn,a-le, Roberts, ftinwl i JOURNAL OF THE CONVENTION [July 22, Hathaway, Hixon, Kingsley, Lee, Mason, Newberry, NAYS: Mr. Daniels, Desnoyers, Dimond, Eaton, Fralick, Gale, Gibson, Green, Harvey, Hascall, Moore, Mosher, Orr, J. D. Pierce, N. Pierce, Redfield, Robertson, to amend section' Mr. W. Adams, Mr. Daniels, Mr. E. S. Robinson, Alvord, Desnoyers, M. Robinson, Anderson, Dimond, Rix Robinson, Arzeno Eaton, Soule, Axford, Fralick, Storey, Backus, Gale, Sturgis, R. Bartow, Gibson, Sullivan, J. Bartow, Green, Svitherland, Beardsley, Har vey, Town, Ammon Brown, Hascall, Val Valkenburg, Asahel Brown, Moore, Wells, Chapel, Mosher, White, .Church, Orr, Whittemore, Comstock, J. D. Pierce, Williams, Conner, N. Pierce, Willard, Cornell, Redfield, Woodman, Danforth, Robertson, President,,15 Mr. Backus moved to amend section 2 by adding thereto as follows; "But the Legislature shall have power to organize any city into a separate county when it shall have attained a population of at least twenty thousand people, without reference to geographical extent." On motion of Mr. Desnoyers, The foregoing was amended by adding thereto, "upon application of a majority of the legal voters of said city." On motion of Mr. Britain, The last vote taken was reconsidered, when Mr. Hanscom proposed the following as a substitute for the amendment, which was accepted by Mr. Desnoyers: " When a majority of the legal voters of a county in which such city may be situated shall recommend such new organization." And the same was agreed to. The original proposition of Mr. Backus, as amended, was then adopted. On motion of Mr. Storey, 262 Bu.h, .Carr, Choate Cook, Eas,'tman Edmunds', Wait, Walker, Warden, Webs'er, Whipple, '2 9 TOD REVISE THE CONSTITUTION. Section six was amended by striking out "hereafter," and insert ling after " prescribed," the words " in this Constitution.'" On motion of Mr. Britain, Section 8 was amended by striking out in the 2d line, the words or to lay out," and inserting in lieu thereof "' the laying out and establishing of." Mr. Edmunds moved to strike out section 8, and substitute the following: "The Legislature shall, by general laws, confer upon the board of Supervisors of their respective counties, power to construct highways and bridges and to authorize the construction of the same, to lay out and establish roads and fix the boundaries of townships. Power shall also be conferred upon the inhabitants of any one or more surveyed townships to organize township governments therein." Mir. Hanscom moved to amend the section by adding thereto, as follows: "Provided, That any surveyed township containing 150 white inhabitants shall be entitled to a separate township organization, if a majority of the electors of such township shall so elect."' Pending which, On motion of Mr. Cootk, The Convention adjourned. Lansing, Tuesday, July 23, 1850. The Convention met at the usual hour and was called to order by the President. Prayer by the Rev. Mr. Sanford, The roll being called, there were absent on leave Messrs. S. Clark, Crouse, Leach and McClelland; without leave, Messrs. Bagg and Lee. . PETITIONS. By Mr. Mowry: of S. F. Hubbell and 74 others, citizens of Oakland county, praying for the insertion of a provision in the constitution, prohibiting the legislature from passing any law authorizing the sale of intoxicating liquors as a beverage; also, to make the traffic in intoxicating liquors as a beverage a penal offence. 1-850.3 2C)s JOUR.NAL OF THE CONVEN: [Uuiy 2,% MAlso, of Mrs. E. Hastings and t98 others, ladies of Gird, Oake land county, praying for a like prohibition. By Mr. Fralick: of Mary A. Bentley, Hannah Buearly and 160 othe, ladies of Plymouth, praying there may be an article inserted in the revised constitution, prohibiting the manufacture, importation or sale of intoxicating drinks as a beverage. The above were severally referred to the select committee heretofore appointed upon the subject. RFBSOLUTIONS. Mfr. Woodman offered the following: Whereas, Hon. P. R. Adams has absented himself from the sit tingseof this Convention during most of the session, without any ap, parent excuse or reason for so doing; therefore Resolved, That the Secretary be not authorized to draw any certificate in favor cf said Adams for per diem adlowance, unless directed so to do by the Convention. Mr. Danforth moved to lay the preamble and resolution upon the table. Which did not prevail. On motion of Mr. Hanscom, The consideration of the same was postponed for one week. Mr. Butterfield offered the following: Resolved, That the afternoon sessions of this Convention will hereafter commence at two o'clock. Mr. Alvord moved to amend by striking out " two," and inserting -I one.;' Which was not agreed to. Mr. Desnoyers moved to strike out "two," and insert " half past twa"? But the motion was lost. The resolution was then adopted. THIRD READIENG OF AITTICLES. The Convention having reached the order of third reading of Arties, and thei Artice entitled "E-lections" coming up fr consider On mot't of fMr. J. Bartow, It was laid upo, the tale until tomorrow. TO: REVI'Sf1 THE; OONTI' -. MN.3t The Convention having under consideration the Article entitled "1Cou'nty Officers and County Government," and the questio being upon Mr. Hanscom's amendment to section eight, Mr. Britainm pro. paosed' the following substitute for the section: "The Legislature shall provide by general laws: "1. For the laying out and establishing State and county roads and, for altering the same; 2. For the erection of bridges; "3. For the organization of legally established eouttes; ;4. For the organization of United States surveyed. townahip by the inhabitants thereof; "5. For changing the; boundaries of organized twnshipgs by the board of supervisors, subject to the approval of the electrs of said townships." When Mr. Hanscom withdrew his amendment The following substitute for the section, proposed by Mr. Edmunds yesterday, being under consideration: "The legislature shall, by general laws, confer upon thew board of supervisors of their respective counties, power to construct highways and bridges, and to authorize the construction of the same, to lay oat and establish roads, and fix the boundaries of townships. Power shall also be conferred upon the inhabitants of any one or more sur. veyed townships to organize township governments therein," A motion was made by Mr. Arzeno to amend the same by striking out all after the word "the," in the first line, and inserting as fol. lows: ":Boardlof supervisors of all organized counties shall hayve exclusive power to organize and divide townships; but no new township lines, other than those made for the purpose of organizing new townships, shall be valid, unless a majority of the voters in, the territory it is proposed to set off, shall agree to the same in a manner to be pre. scribed by law." Mr. Eastman moved to amend, the, amendment by msertig after "counties," the words "by a two-thirds v-ote," But the amendment was negati-y,. 34 265 JOURNAL OF THE CONVENTION [July 28, The amendment proposed by Mr. Arzeno to the substitute was al so disagreed to. The question then recurring on the substitute offered by Mr. Ed. munds, Mr. Britain proposed as a substitute for the same, the proposition submitted by him this morning as a substitute for the section, (8.) After some debate, Mr. Arzeno moved the previous question on the section; and the same being sustained, the main question was or dered to be now put. Mr. Moore moved a call of the Convention. Which was not agreed to. The question first recurring on the substitute of Mr. Britain for the one proposed by Mr. Edmunds, the yeas and nays were ordered, and the proposition rejected, as follows: YEAS. MMr. Hanscom, Hart, Harvey, rn, Hascall, Hathaway, Kinne, McLeod, Morrison, Mosher, Mowry, Newberry, Orr, NAYS. Adr. D)esnoyers, Dimond, Eastman, Eaton, Edmunds, Fralick, Gale, Gardiner, Gibson, Kingsley, Lee, Lovell, Marvin, Moore, O'Brien, Mr Alvord, Anderson, Arzeno, Backus, H. Bartow, J. Bartow, Beardsley, Amrmon Brown, Bush, Butterfield, Carr, Chandler, J. Clark, Comstock, Cornell, Crary, V-16 6 Mr. W. Adams, Axford, BritaiD, Alvarado B Chapel, Choate, Church, Conner, Cook, Daniels, Graham, I Green, Mr. Raynale, Redfield, Robertson, Rix RobinSOD, Sturgis, Towii, Warden, w F. site, Whipi)le, Willard, Witherell, Presideiit, 36 Mr. J. D. Pierce, N. Pierce, Prevost, E. S. Robiiison, Skinner, Soule, Storey, Sutherland, VanValkenburg, Wait, Walker, Wells, Whittemore, Williams, Woodman, 46 1850.] TO REVISE THE CONSTITUTION. And the question then being upon striking out the 8th'section and substituting the proposition of Mr. Edmunds in lieu thereof, Mr. Crary asked a division of the same, and asked the yeas,and nays, and the same being ordered the result was as follows: YEAS: MMr. Edmuids, Gale, Gardiner, Green, Harvey, Hathaway, Kingsley, Kinne, Lee, Lovell, Morrison, Mosher, Newberry, O'Brien, J. D. Pierce, NAYS: Mr. Cornell, Danforth, Dimond, Eastman, Fralick, Gibson, Graham. Hanscorn, Hart, Hascall, Marvin, oM,oore., Mowry, So the section was stricken out. ' And on the question of inserting the substitute of Mr. Edmunds' the yeas and nays were ordered, and the substitute rejected by the following vote: YEAS. Mr. Edmunds, Gale, Gardiner, Green, Harvey, Clathaway, 267 i,f Mr. Anderson, Axford, Backus,, 'H. Bartow, Britain, Bush, Carr, Chandler, 'Choate, J. Clark, Cook, Crary, DaDiels, Desiioyers, Eaton. Mr. N..P,rce, Prev.Ost, Ro,4et,'Lson, Skiii'ner, Souj,e, Towh Warden, Whiie, willi6ms, w i t h,e f e, l 1, Woodman, Presi-dent, 45 Mr. W. Adams, Alvord, Arzeno, Barnard, T 1. Bartow, Beardslev, Ammon -brown, Asahel Brown, Butterfield, Chapel, Chureb, Comstock Conner, Mr. Orr, Redfield, E. S. Robinson, Rix Robinson, Sturgis, Sutherland, VanVa,lkenburg, Walker, Wells, Whipple, Whittemore, 'Vllillard, as Mr. W. Adams, Anderson, Backus, Asahel Brown, Bush, Carr, )4ir. Prevos4 Skinner, ISoule, Storey, Town, W ait,' 2YORNURAL OF THE CON{VW.TIO01 [July 2, Kingey, Lee, Lovell, McLeod, Mosher, O'Brier4 J. D. Pierce, N. Pierce, NAYS. Mr. Conner,: Cook, Cornell, Danfortlh. Fralick, Gibson, Graham,. Hanscom, Hart, Hascall, Kinne, Marvin, Moore, Morrison, Mowry, Mr. Hanscomr moved to amend section 2 by adding after "United States," as follows: I'Unless a majority of the qualified electors residing in the territo ry to be affected by such organization shall so elect." Mr. Coak moved to amend the amendment by striking out "the territory," ad inserting "each county." And the same prevailed by the following vote: YEAS. Mr. Eaton;e Edmunds, Fralick, Gale, Gibso,n, Graham, Green, Hart, Hasoall,,'' Hathaway, Kin.gsly, Kinn,, Lee, Maervine 208 Chandletr, Cnurch, J; Clark, C rary Daniels, Desnoyers, Eastman, Eaton, Walker, White, Williams, Willard, Wit-h,erett~ Woodman, President, 41l Mr. Newberry, Orr, Raynale,. Redfield, Robertson, E. S. Roblinson, M. Robinson, Rix Robinson, Sturgis, Sutherland, Van, Valkenburg, Warden, Webster, Wells, Whittemoe, 4 Mr. Alvord'9; Arzeno, Axford, Barnard, H. B"artow, J. Bartowi Beardsley, Beeson, Britain., Alvarado Brown, Ammon Brown, B:utterfield,: Chapel, Choate, Comstock, M4r. W. Adams,, Anderson, Arzeno, Atford, Badtnay.d, H. Bartow, J. Bartow, Beeson, Alvarado,B'rown, Amrmor B'own, Asahel, Blrwn, Chandler, Choate, Churchv Mr. Newberrry, O-rr. J. D. Pierce, N, Pierce, Raynais) Redfield,. M. Robinson, Skinnjer, SturF,-, Sullivan; Tiffany; T-own,. Wait, Wells, 1850.J TO RE VI/SE THE CONSTITUTION. J. Clark, Comstock, Cook, Daniel s, Dimond, Eastman, Whipp-l]e, W hittemore, Williams, Willard, Presidennt, NAYS: Mr. Cornell, Danforth, Gardiner, Hanscom, Harvey, Lovell, O'Brien, Prevost, And the amendment of Mr. Hanscom, as amended, was then agreed to by yeas and nays as follows: YEAS: Mr. Fralick, Green, Hanscom, Hascall, Kinne, Lee, Marvin, McLeod, Morrison, Mosher, Mowry, Newberry, Orr, Robertson, M. Robinson, NAYS: MMr. Comstock, Conner, Cook, Danforth, Daniels, Gale, Gardiner, Gibson, Hait, Harvey, Lovell, O'Brien, Mr. W. Adams, Anderson, Arzeno, Axfoi-d, Backus, Barnard,' 3. Bartow, Beardsley, AIvarado Brown, Asahel Brown, Butterfield, Carr, Cleandler, 269 McLeod, Moore, Morrison, Mosher, Mowry, 58 Mr. A,-vord, Backus, Beard,,jley, Britain, Bush, Carr, C,apel, Conner, Mr. Robertson, Rix Robinson, .Soule, Van Valkenbur Walker, W ebste r, Witherell, WoodmaD, 24 Mr. Alvord, H. Bartow, Beeson, Britain, Ammon Brown, . Bush, Chapel, Choate,. t', 1-1 u r c h, J. Clark, CorDell, DiMODd, Eastman, Eaton, Edmunds, Mr. Rix RobinSOD, Storey, Sturgis, Town, Van Valkenburg, Walker, Webster, Wells, Whipple, Williams, Willard, With,erell, WoodmaD, President, 44 Mr. J. -D. Pieroe, N. Pierce, Prevost, Ravnale, Realfield, Skinner, Soule, 'Sullivan, Tiffany, .wa,it, White, Whittemore, 37 JOURNAL OF THE CONVENTION [July 2a, On motion of Mr. Walker, Section 12 was amended by prefixing the following: "The b6ards of supervisors of all organized counties shall have the power to provide for the laying out of highways and the construction of bridges, and for the organizing of townships, under such restrictions and'limitations as shall be prescribed by law; and." On motoi6;n of Mr. Alvord, Section 1 was amended by striking out " and," in the first line, and inserting in its stead " or." Mr. Britain offered the following, to stand as a new section: "The Legislature shall authorize any United States surveyed township, having one hundred and fifty inhabitants therein, to organ ize for themselves a separate township government: Provided, the township left contains one hundred and fifty inhabitants." Mr. Williams moved to strike from the amendment, "having one hundred and fifty inhabitants therein." Mr. Britain then modified his proposition by striking out "one hundred and." When Mr. J. Clark submitted the following as a substitute: "Power shall also be conferred upon the inhabitants of any one or more surveyed townships to organize township governments therein." Mr. Danforth moved the previous question on the Article, and the call was sustained and the main question ordered to be now put. The substitute offered by Mr. Clark was then adopted. The question being upon, adopting the same as a new section of the article, it was decided in the negative. Anrid the Article was then ordered to a third reading. The article entitled "of State Offi.ers" was taken from the table. The question being upon concurring with the amendments made in committee of the whole, The 1st amendment was non-conectrred in. The 2d amendment was concurred in. The 3d amendment being under consideration, Mr. Witherell moved to amend the same by inserting after "each of whom," the words "except the, Attorney General and Superin,. gedent of Public Instruction." I', 7 0 1850.] TO REVISE THE CONSTITUTION. A division of the question being had, the motion to insert "except the Attorney General," was lost. The balance of the amendment of Mr. Witherell was also disa greed to. The amendment of the committee of the whole to sections 2, 3, 4 and 5 were severally concurred in. When, on motion of Mr. Cook, The Convention adjourned. Afternoon Session. Two o'clock. The Convention was called to order by the President, and a quo-. rum of members being in attendance, resumed the consideration of the article entitled "State Officers." The question being upon concurring with the committee of the whole in the amendments to the 6th section, they were severally concurred in. The article being open for amendment, Mr. Redfield proposed the following as a substitute for section six: "There shall be elected at each general election an agent of,the State Prisotinwho shall hold his office two years."' MIr. Storey moved to amend the original section by striking out aIi after Constitution," in the second line, up to and inclusive of the word "hereafter," in the 6th line. Mr. Storey withdrew the amendment. When Mr. Redfield withdrew his proposition. On motion of Mr. Chapel, Section 6 was stricken from the article. On motion of Mr. Redfield, The second section was amended by striking out "18'52,'1 aid in.. serting in its stead, " 1853." Mr. Edmunds moved to amend the same section by striking out ",day," and inserting 1 "Monday." Mx. J. D, Pierc. proposed "Wednesday,"' instead of "Monday." Mr. Edam'unds accepted the amendment,, and his proposition was. agreed to. as modified. Mr. Moore moved to reconsider, the. vote by whiclh the Corventioa 2'TI JOURNAIL OF THE CCONENTION [July A8, refused'to except the Attorney General and Superintendent of Public Instruction from the operation of the clause in section 1, providing for offices being kept at the seat of government, together with the vote by which the Convention concurred in that amendmenr to the section made by the committee of the whole. But the motion did not prevail. Mr. WVilliams moved to amend the 1st section by striking out " a," before "Superintendent," an d inserting " who shall be;" but subsequently withdrew the motion. Mr. Williams moved to amend section 1, by inserting after "Secretary of State," the words "who shall be ex officio State Treasurer," and by striking out " State Treasurer," at the end of line ]. Upon which he called the yeas and nays; and the same being ordered, the result was as follows: YEAS. Mr. W. Adams, Mr. Daniels, Anderson, Eaton, H. Bartow, Edmunds, Ammon Brown, Fralick, Asahel Brown, Gale, Butterfield, Green, Carr, Hlarvey, Chapel, Hlascall, Choate, Hathaway, Church, Kinne, Comstock, Lovell, Cook, Marvin, Crary, Mason, NAYS. Mr. Alvord, Mr. Gardiner, Arzeno, Gibson, Axford, Graham, Barnard, Hanscom, Beeson, Hart, Britain, Hixon, Alvarado Brown, Kingsley, B urns, Lee, ,Bush, McLeod, Conner, Mowry, Corinell, Newberry, Danfborth, O'Brien, Desnoyers, Orr, Dimotid, J. D. Pierce, Eastman, N. Pierce, So the amendment was not agreed to. 27,,'2 Mr. Moore, Mosher, Prevost, E. S. Robinson, Rix Itobin,,on, Tiffany, 'Pown, Wait, Webster, Wtiittemo,re, Williams, Willard, ,Woodman, 39 Mr. Raynale, Redfield, Robertson, tskinner, Soule, Storey, Sturgis, liulliven, Sutherland, Van Valkenburg, Walke..r,, Warden, W bite, Whipple, Pre,sident, 45 18-50.] TO REVISE THE CONSTITUTION. The article was then ordered engrossed for a third reading. 'On motion of Mr. Robertson, The Convention resolved itself into committee of the whole on the article entitled " Education,'" Mr. McLeod in the chair. PROCEEDINGS IN COMMITTEE. The question recurring upon Mr. Fralick's amendment to section 3, proposed on the 26th June last, which amendment is as fllows: Amernd section 3, by striking out all after "shall," in lst line, and iinerti-ng "provide for a system of common schools, by which a school shall be kept up and supported in each school district, at least three months in every year; and any school district neglecting to keep up and support such a school, may be deprived of its epual proportion of the interest of the public fund. And the legislature may levy a tax on the whole taxable property of the several townships or cities of this State for the support of said schools.' Mr. Van Valkenburgh moved to strike out "three months" and insert "six months." lvhich motion did not prevail. Mr. Alvord moved to strike out after "year," in 4th line of Mr Tralick's amendment, to "and," in 6th line. The last motion being withdrawn, On motion of Mr. Crary, Mir. Fralick's amendment was amended by striking out all after ,,and," in 4th line, to "and," iT 6th line, and inserting: "any school district neglecting to keep up and support a school wherein instruction in the English language is conducted, for three months in each year, shall be deprived, for the year next succeeding, of its equal proportion of the income of the public fund." MIr. Warden moved to strike out the words "several townships or cities of this." Pending which, on motion of Mr. Moore, The committee rose, reported progress and asked leave to sit again. The committee, through their chairman, reported the same back to the Convention and asked leave to sit again. 974 25 JOUGJAL OF THI CONVENTION. [Juy 2, Leave was granted. On motion of Mr Danforth, Thir Cnvention adjourned. Lansing, Wednesday, Jidy 24, 1850. The President called the Convention to order at the usual hour. Prayer by the Rev. Mr. Tooker. The roll being called, there were absent on leave, Messrs. S. Clark,. Leach and McClelland; without leave, Messrs. P. R. Adams, Bagg, Crouse, Eaton, Lee and Warden. LEAVE OF ABSENCE. Mr., Soule asked leave for Mr. Eaton, Mr.. Wells for Mr. Lee, Mr. Alvord for Mr. Bagg, and Mr. J. Clark for Mr Warden, And leave was granted Messrs. Eaton, Lee, Bagg and Wardenr for an indefinite period. REPORTS. Mr. Britain, from, the committee on finance and taxation, submitted an Article entitled "Finance and Taxation." Which. was read the first and second time by its title and referred to the committee of the whole and ordered printed. MOTIONS AND RESOLUTIONS. Mr. Storey moved to recommit the article entitled "State Officers," to the committee on that subject, with instructions to insert the follow' ing therein, to stand as section 6: "Three Inspectors of the State Prison shall be elected at the general election, which shall be held nest after the adoption of this Constitution, one of whom shall hold his office for two years, one for four years and one for six years. The board of state, canvassers shall on the first Monday of January next succeeding such general election, meet at the capital and determine by lot which, of said Inspectors shall hold his office for two years, which for four years, and which for six years. And there shall be one elected at. each general'-election thereafter, who shall hold his office for six years. The Imspectors shall have the charge and superinteadenca e' the State, 2'7t 1850.] TO- REVISB THE- C,N,STITUTION,. Prison, and shall appoint all the officers therein. Ar vacites inthe office of Inspector shall be filled by the G'overnor, till twe neoxt election." Which, on motion of Mr. Hanscom, Was laid upon the table. On motion of Mr. J. Bartow, The Convention then resolved itselfinto committee. of thetwhol9:. and resumed the consideration of the Article entited," Education,)'r Mr. McLeod in the chair. PI,OCEEDINGS IN CGOMMITTEE.. The question being upon Mr. Warden's amendmnenti the sameb prevailed. Mr. Fralick's amendment, as amended', was then disagreed to. The question then recurring upon Mr., Cornell's substitute; offeredi on the 26th June last, which,. as amended' is as follows: The legislature may establish free schools throughout the State, and provide for their support. After applying: the primary school; fund and such other funds as shall be set apart, for the support of such schools, the balance shal be'raised by a State tax."' Mr. Witherell moved to strike out "shall," in,4th line,.and insert ',may." But the Comnittee refused to strike out. Mr. Cook moved to strike out "State,"' in 4thi line. Which motion was negatived. OGn. motion of Mr. J. D, Pierce,. The word "may," in 1st line, was stricken out, and "'shall" ins serted. Mr. Cornell's substitute was then disagreed to. Mr. Hanscom offered the.following as a substitute for section 3: "Sec. 3. The legislature shalld within five years from the adoption of this Constitution, provide by law forna system of primary schools~ to be kept free and without charge for tuition to all children between the ages of four and twenty.. Such schools to be kept at least threes months in each year, in each' school district of the State." Mr. Raynale moved to strikeout "withir,five years."' But the committe refuse t%9,ikoou.l 2 7s;~ 26 JOUltRNAL'OPF THE CONVENTION [July 24, Mr. Church moved'to strike out, in Mr. Hansconi's substitute, after 4' Constitution," and insert "establish a system of common schools, in which the instruction shall be conducted in the English language, and shall be free of charge to pupils between the ages of four and and eighteen years at least three months in each year, in each school district in the State, and shall provide by law for the support of such schools br a tax or taxes upon property." But the committee refused to so amend. Mr. Hanscom's substitute was then disagreed to. Mr. Walker, from the committee on education, reported the fol'lowing, as a substitute for section 3: "Sec. 3. The legislature shall establish by law, -a system of primary schools. Such schools shall be kept in each and every school district, for at least three months in each year., free and without charge for tuition, to all children between the ages of four and .eighteen years. Any deficiency that may exist after the distribution .of the income from the primary school fund, shall be raised by a tax upon the whole taxable property in the State. The English language shall be taught in such schools." On motion of Mr. Weodman, " Eighteen" was stricken out, and "twenty-one" inserted Mr. Crary moved to strike out all after "'Lax." But the committee refused to strike out-. Mr. N. Pierce moved to strike o'st "and without any charge for tuition." Pending which, On motion of Mr. Van Valkenburg, The committee rose, reported progress, and asked leave to sit again, The committee, through their Chairman, reported the same back to the Convention, and asked leave to sit again. Leave was granted. Mr. Crary moved that the Convention resolve itself into committee of the whole on the Article entitled "Education." But the motion did not prevail. On motion of Mr. Woodman, the Convention adjourned. 1850.X TO REVISE THE CONSTITUT1ION. Afternoon Sessior. Two o'clock. The Convention was called to order by the President. The roll called, and a quorum of members being in attendanoce, On motion of Mr. Sutherland, The Convention resolved itself into, committee of the whole on the article entitled " Education," Mr. McLeod in. the chair. PROCEED'NGN IN COiMITTEE., The question being upon Mr. N. Pierce's amendment to Mr Walker's substitute, the same was not agreed! to. Mr. Redfield moved to strike out "children between the ages of four and twenty-one years,'" and insert "persons." But the committee refused to strike out. The question then recurring upon Mr. \Walker's substitute, the committee refused to so amend.. Mr. Morrison offered the following as a substitute for section 3: "The legislature shall provide by law that in the year 1855, and every year thereafter, a general tax shall be levied in the State for the support of primary schools, not exceeding five mills upon each. dollar of the valuation of the taxable property in the State. Such tax to be levied and collected in the same manner as the general State tax for State purposes, and apportioned for the support of primnary schools throughout the State in the same manner as the primary school interest fund, and shall provide that during the time re, quired to expend the amount thus appropriated among the several districts, a school shall be kept in each district without any charge for tuition, to all scholars residing in such district between the ages of four and twenty.one years, and the instruction in such schools shall be conducted in the English language." Mr. Morrison moved to amend the above by striking out "for tuition." Which motion did not prevail. On motion of Mr. H. Bartow, "Five mills" were stricken out and "two mills" inserted. Mr. Moore moved to strike out "1855" and insert "1852." 2717 AY1UNAL OF THE CONVENTION [July 24, But the committee refused to strike out. On mnotion of Mr. W. Adams, "Exceeding" was stricken out, and "not less' insefted. or. M sornison's substitute was then disagreed to. Mr. N. Pierce offered the following as a substitute for sec. 3: The legislature shall establish by law a system of primary schools by which such schools shall be kept in each and every school district for at least three months in each year, free to all children between the ages of four and eighteen years, and shall provide for the levying a tax not exceeding two mills upon the dollar, upon all the taxable property in the State, for the support of said schools; and the English language be taught in such schools. Mr. Church mo;,ed to amnend the substitute by striking out the words: " and the English language shall be taught in such schools;" and inserting the words: " and all instructions in the said schools shall be conducted in theEnglish language." Which was agreed to. On motion of Mr. Robertson, The words "and without charge for tuition,'" was inserted after "free." Mr. N. Pierce's substitute, as amended, was then adopted. Mr. Robertson moved to strike out section four. But the committee refused to strike out. Mr. Crary moved to strike out the 1st, 2d and 3d lines of section five. Which did not prevail. Mr. Bush moved to strike out section five. But the committee refused to strike out. Mr. Robertson moved to strike out of section six all after "University," in fifth line. Which was disagreed to. Mr. Mason moved to strike out section seven. But the committee refused to strike out. On motion of Mr. Crary, The words "according to the terms of the grant or appropriation,' were added to section eight On motion of Mr. Crary, tabS.] To REVISE THE CONSTITUTION. The following, to stand as section nine, was adopted: 'Institutions for the benefit of those inhabitants who are deaf, dumb, blind, or insane shall always be fostered and supported, and the proceeds from the sale of all lands that have been or shall be hereafter granted or appropriated for the support of such institutions, shal be inviolably appropriated according to the terms and condi tioas of such grant or appropriation." On motion of Mr. So-ule, The following was inserted in section 9, as printed, after the word "therewith," in line 3: "And the twenty-two sections of salt spring lands now unappro priated, or the money arising from the sale of the same, where such lands have been already sold, and any land which mnay hereater be granted or appropriated for such purpose, shall be set apart for the support and maintenance of such school and farm. And the pro ceeds of the sale of all such lands that have been, or that may be hereafter sold, shall b)e a perpetual fund, the interest of which, to gether with the rents and profits of such lands, shall be appropriated for the support of such school and farm." Mr. Hanscom rnoved to strike out all after township," in line 4, of section S. On motion of Mr. Raynale, "Collected" wasinserted after "assessed," in line 5. The words proposed to be stricken out containing two proposi tions, Mr. Crary called for a division of the question, and the committee struck out the first, but refused to strike out the second proposition. Mr. Woodman moved to strike out " of at least," in line 4 of sec. 4ion 9. Which was disagreed to. Mr. Crary offeredl the following to stand as section 11. "Until the existing state debt is paid, all specific state taxes are -et apart and appropriated to the payment annually ol li,e ii,tetest that may become due from the state to the school and other educational funds, or so much thereof as may be necessary for such purposes, and from and after the patyment of said debts, such taxes shall 2,79 28 JOIRNAL- OF THEE CONVENTION [July 24, be inviolably appropriated annually for the support of primary schools." After some debate, Mir. Crary withdrew his proposition. On motion of MIr. J. D. Pierce, The committee rose, reported the article back with the amendments, asked the concurrence ofthe Convention therein, and to be~ discharged from the Fhrther consideration of said article. The committee, through their chairman, reported the same back to the Convention with amendments, in which the concurrence of the Convention was asked The committee was discharged from the further consideration of Te same, and On motion of Mr. Whipple, The article was laid on the table and ordered printed. On motion of Mr. Britain, The Convention resolved itself into committee of the whole on, the general order, Mr Church in the chair. PROCEEDINGS IN COMMITTEE. The committee having under consideration the article entitled .. ~~~~~~. "Corporations," and section 2 having been read, Mr. Woodman moved to fill the blank with "ten.': Mr. Van Valkenburgh with "two." Mir. Witherell with "four." The question being taken on the largest number first; MIr. Woodman's motion did not prevail. Mr. Witherell's amendment prevailed; and the blank was filled wivth "four." Mr. Hanscom moved'to strike from the section allafter "election,, in, the third line, When, on motion of Mr. Cook, The committee rose, reported progress, and asked leave to sit; again. 1850.]- TO REVISE THE CON$TTUTIOT. The committee, through their chairman, reported tfe same back to the Convention, and asked leave to sit again4 Leave was granted. OnJ motion of Mr. Robertson, T'he Convention adjourned. Lansing, Thursday, July 25, 1850. The Convention met at the usual hour and was called to order by the President. Prayer by the Rev. Mr. Sanford. The roll being called, there were absent on leave, Messrs. Bagg, S. Clark, Eaton, Leach, Lee and, Warden, and without leave, Messrs P.R. Adams, Beardsley, J. Clark, Crouse, Walker and Whipple. LEAVE OF ABSENCE. Mr. Barned asked and obtained leave of absence for Mr. J. Clark indefinitely, and Mr. Cornell for Mr. Beardsley for the day. PETITIONS. By Mr. Fralick: of Seth Hughes and 55 other citizens of Wayne county, that an article may be inserted in the Constitution restraining the legislature from passing any laws granting licenses for the sale of intoxicating drinks; and if deemed expedient, to make it the duty of the legislature to pass laws making it a misdemeanor to vend iutoxicating drinks as a beverage. By Mr. Sullivan: three several petitions of citizens of the county of Cass, praying for a provision prohibiting the passage of any law authorizing the sale of intoxicating liquors as a beverage. By the President: two petitions of ladies of the city of Detroit for a like prohibition. The above were severally referred to the select committee upon the subject. By Mr. Alvarado Brown: of A. A. Amidon and 105 others, citi. zens of Branch county, praying the insertion of a clause in the constitution prohibiting the employment of convicts in the State Prison at those branches of mechanical labor which interfere with mechani cal trades in this State. 36 I 281; AtTRNAL'OF'TIE CONVENTION [$uly 25, Refrmrd to the committee on miscellaneous provisions. MOTIONS AND RESOLUTIONS. On motion of Mr. Comstock, The minority report of the committee on banking and other incorporations, except municipal, was taken from the table and referred to the committee of the whole. Mr. Alvord submitted the following: Resolved, That when the Convention adjourns at noon to.day, it stand adjourned until to-morrow, and that the sergeant-at-arms be instructed to remove the carpet from the floor, and thoroughly cleanse the Hall. Mr. Crary moved to amend so as to adjourn at noon to-morrow over till Monday, but withdrew the motion. The question was taken on the adoption of the resolution and decided in the negative. On motion of Mr. J. Bartow, The Convention resolved itself into a committee of the whole on the general order, Mr. Church in the chair. PROCEEDINGS IN COMMITTEE. The committee resumed the consideration of "Article -, Corporations." Mr. Hanscom withdrew his motion made yesterday to strike out all after "election," in third line of section two, and offered the following as a substitute for section two: "No banking law or law for banking purposes, nor any act creating any association or-corporation for banking purposes, shall ever be enacted by the legislature." Mr. J. Bartow asked a division, and the question being taken on striking out, the same prevailed. Mr. Goodwin moved to amend Mr. Hanscom's substitute by striking out all after "no," and inserting the following: "bank shall be established under any banking law or law for banking purposes, unless the question whether the same may be established, shall have been first submitted to and decided by the electors of the State, under the provisions of law." :282 lI50.] TO REVISE THE CONSTrrUTION. s M}. Hlanscom modified his substitute by adding after ":eatng," the words "'or renewing." Mr..Moore moved that the committee rise, report progress and ask leave to sit again. But the committee refused to rise. Mr. Goodwin's amendment was then negatived. Mr. Woodman moved to amend the substitute by adding thereto, as follows: "Until the same shall have been submitted to a'vote of the electors of the State at some general election, and been approved by a majoritv of the votes cast on that subject at such election." Mr. Moore moved that the committee rise, report progress and ask leave to sit again. But the committee refused to rise. Mr. Woodman's amendment was disagreed to. :On motion of Mr. Chapel, The following was substituted for Mr. Hanscom's substitute: "No banking law or law for banking purposes shall have any force or effect until the same shall, after its passage, have been sub mitted to a vote of the electors of the State, at some general election avd been approved by a majority of the votes cast on that subject at such election." The substitute was then adopted. On motion of Mr. Woodman, The committee rose, reported progress, and asked leave to sit again. The committee, through their chairman, reported progress and aked-leave to sit again. Leave was granted. When, on motion of Mr. Cornell, The Convention adjourned. Afternoon Session. Two o'clock. 'The Convention was called to order by the President, A quorum being present, TO APV-1-SE'TH.-E, COXSTrr.UTION. JOURNAL OF THE CONVENTION [July 2. On motion of Mr. Cook, The Convention resolved itself into a committee of the whole and resumed the consideration of the article entitled "Corporations," Mr. Church in the chair. PROCEEDINGS IN COMMITTEE. The committee resumed the consideration of "Article -, Corpora,tions.' Section 3 was read, and On motion of Mr. J. Bartow, The words "as co-partners" and "of every kind," were stricken out of lines two and three. Mr. Goodwin moved to amend section three by inserting after "association," the words "established under such laws." Which was disagreed to. Mr. Fralick moved to amend by inserting in line two, after "liable," the words "to the amount of their respective share or shares of stock in any such corporation or association." The motion was withdrawn. Mr. Sullivan moved to amend section three, by adding thereto, "which were contracted during the time of their being officers and stockholders of such corporotion or association, and for one year thereafter." Mr. Crary moved to strike out "and for one year thereafter." Which motion was not agreed to. Mr. Sullivan's amendment was then adopted. Mr. Raynale moved to strike out of section three, the words "or any kind of paper credits." Which motion did not prevail. On motion of Mr. Cook, Section four was amended by striking out "ample,'" in second line, and inserting after "security," the following: "to the full amount of notes or paper credits so registered," On motion of Mr. Witherell, "On" was stricken out and "bearing" inserted, in second line. Mr. Tiffany moved to amend section four by striking out all affer "security," in, second line, and inserting the following: 284 ,8-50.]'TO REVISE THE CONSTITUTION. "For the yedemption of the same in specie; such security to be in stocks, bonds or evidences,of debt issued by the United States or of individual States, or both, bearing interest, which shall be deposited with the State Treasurer, and be at least, when offered, equal in value to the amount of bills or notes registered and issued for circulation." Which was withdrawn. Mr. Witherell moved to amend by inserting after "stocks," in,d line, the words "of this State or of some other State, or of the United States." Which was also withdrawn. On motion of Mr. Cornell, The words "which shall be deposited with the State Treasurer," were inserted after "stocks," in 2d line. Mr. Van Valkenburgh offered the following, as a substitute fior section four: "The legislature shall provide by law for the registry of all hblls or notes issued or put in circulation as money, arid shall require security in the stecks of this State or of some other State of this Union, or stocks of the United States, bearing interest, for the redemption of such bills or notes in specie, to be deposited with the State Treasurer." Which was not adopted. On motion of Mr. Cook. "Bill" was stricken out of first line of section X, and "of the notes or bills" inserted after "holders." On motion of Mr. Witherell, The words "issuing baik notes of any description," were stricken out of section 6. On motion of Mr. Cornell, ,"Unless with" were stricken out of 3d line of section 8, and "without" inserted. Mr. Edmunds moved to strike out of section 10, line 2, "4 orsecured." Which motion was withdrawn. On motion of Mr. Witherell, "',Other than municipal" was stricken out of 1st line of sec. 1, "95 JOURNAL OP THEB CNVENTIN - [yuly 2 Mr. Whipple moved to strike out section 10, Mr. Crary moved to amend section 10 by striking out "its own'T anid inserting " public." Which motion prevailed. Mr. Whipple then withdrew his motion to strike out. Mr. McLeod moved to strike out the lst line of section 11, an& also the 2d line to "no."' But the committee refused to strike out. Mr. J. D. Pierce offered the following, to stand as section 11, which was not adopted: "Whenever damage shall be done by any corporation to private property, such corporation shall be liable to the full amount of suck, damage." On motion of Mr. McClelland, The following was inserted after "thereof," in 1st line of section 5; "issued or put in circulation as money." On motion of Mr. Bush, The committee rose, reported the article back with amendments, asked the concurrence of the Convention therein, and to be discharged from the further consideration of the same. The committee, through their chairman, reported the same back with sundry amendments, in which they asked the concurrence of the Convention. On motion of Mr. Cook, The article was laid upon the table nd ordered printed On motion of NIr. Storey, The Convention then adjourned. Lansing, Friday, July 26i. 1850. The Convention met pursuant to adjournment and was ealled to order by the President. Prayer by the Rev. Mr. Sanford. The roll being called, there were absent with leave, Messrs. Bagg, J. Clark, S. Clark, Eaton, Lee and Warden; without leave, Messrs-. 286 1850.]}:TO'REVISB THE' CONSTITUTION. Barned, Beardsley, Busth, Chapel, Crouse, Datiels, Morrisn, Ruynale, M. Robinson, Walker and Wells. LEAVE OF ABSENCE Was granted to Messrs. Kinne, Raynale, M. Robinson, Chapel Walker, Morrisorl and Wells for an indefinite period. To Messrs. Beardsley and Orr till Monday. To Mr. Barnard till Tuesday, and Mr. Daniels until Wed sday next. PETP'IONS. By Mr. Storey- of Mos. Electa M. Sheldon and 157 others, ladies of the village of Jackson, praying for the insertion of a provision in the constititutiorn prohibiting the manufacture, importation and sale of intoxicatilJg liquors to be used as a beverage. Referred to the select committee upon that subject. By Mr. Hascall: of Martin Wilson and 32 others, citzens of Kalamazoo county, for a like prohibition as the foregoing. Referred to same committee. On motion of Mr. J. Bartow, The Convention then resolved itself into committee of the whole on the general order, Mr. Roberts in the chair. PROCEEDINGS IN COMMITTEE. The committee took up for consideration "Articles-,s Exemp. tions and the rights of Married Women,'" which were read, and, On motion of Mr. J. Bartow, Were passed over, and "Article -, Of Cities and Villages,' considered. Mr. Witherell moved to amend section one by adding the- follbow ing. "And when the boundaries of any city or village shall be enlarged, the territory annexed shall not be taxed for the payment of pre existing debts of said city." Whicli motion did not prevail. Mr. Witherell moved toamend the same section by adding there to, as follows: 287.l JOPURNAL'OF THF, CONVENTION [July 26, "And-1-the boundaries of cities and villages shall not be extended over adjacent territory without the consent of a majority of the owners or occupants of such territory." -,r. Desnoyers moved to add to the amendment, as follows: "Unless such adjoining territory is laid out in city or village lots." Which was accepted by Mr. Witherell. T'he amendment as modified was disagreed to. Mr. Skinner moved to insert after "villages," in 2d line, as follows: '"extending or diminishing their boundaries, laying out or discontinuing streets and alleys." But the committee refused to o amend Mr. Danforth moved to strike out section two. But the committee refused to strike out. Mr. Crarv moved to strike out section three. The motion was withdrawn. Mr. Sullivan moved to strike out "of such city or village" from line three of section three. Which motion did not prevail. On motion of Mr. Witherell, T!.e following was adopted to stand as "Sec. 4. Previous notice of any application for an alteration of ,he charter of any corporation shall be given in such manner as the legislature shall by law direct." On motion of Mr. Crary, The committee rose, reported the article back and asked the co'ncurrence of the Convention to the amendment made thereto,,and to be discharged from the further consideration of thie article. The committee, through their chairman, reported the article "Cities and Villages" back, with an additional section thereto, in which the concurrence of the Convention was asked. The amendment was concurred in, and the Article being before the Convention, Mr. Skinner proposed the following as a substitute for section one: " It shall be the duty of the legislature to provide by general laws for the organization and regulation of cities and villages." Which was not adopted. 2813 1850.] TO REVISE THE CONSTITUTION0 Mr. Fralick moved to amend section three by striking out in the second and third lines, the words "of such city or village." And the amendment was agreed to. The Article was then ordered engrossed for a third reading. Mr. Moore offered the following, and moved its reference to the committee of the whole: Resolved, That the judiciary committee be instructed to inquire into the expediency of incorporating in the Constitution, the follow ing: "The legislature shall, as soon as practicable, provide for the appointment of a board of commissioners, whose duty it shall be to revise, reform, simplify and abridge the rules and practice, pleadings, forms and proceedings of the courts of record of this State, and they shall provide for the abolition of the distinct forms of action at law, now in use in civil proceedings, and that justice may be administered in a uniform mode of pleadings, without reference to the distinction now existing between law and equity; and the said commissioners shall from time to time, when required, report their proceedings to the legislature, subject to the action of that body." And the motion to refer prevailed. On motion of Mr. Crary, The article entitled "Judicial Department," together with the resolution of Mr. Crary, as follows: "Resolved, That the article on the judicial department be recom. mnitted to the judiciary committee with instructions that such committee so alter and modify their report as to provide that the judges of the circuit courts shall be judges of the supreme court," Were taken from the table. And the question being on the adoption of the resolution, After some debate, On motion of Mr. Whittemore, The Convention adjourned. Afternoon Session. Two o'clock. The Convention was called to, order by the President. A quorum being present, 37 2&9 JOURNAL'OF'THE CONVENTION [July 26, The Convention resumed the consideration of the resolution pending at the time of the adjournment this morning. Mr. McClelland moved to amend the resolution by striking out all after'instructions" and inserting as follows: "to report also, as soon as practicable, a plan for a supreme court, the judges thereof to perform circuit duties." Mr. Crary then withdrew his resolution, and on his motion, The article entitled "Judicial Department," was referred to the committee of the whole and placed upon the general order. Mr. Witherell moved that the Convention resolve itself into committee of the whole on the article entitled "exemptions and the rights of married women," but withdrew his motion. On motion of Mr. J. Bartow, The Convention resolved itself into commitee of the whole on the general order, Mr. Bush in the chair. PROCEEDINRS IN COMMITTEE. The committee took up for consideration "Article -, Finatce and Taxation." Section one was read, when, On motion of Mr. Britain, The words "in defraying the current expenses,of the State," were stricken out of line two of section one, and"' balance of the," inserted before " State," at the end of line two. On motion of Mr. Crary, The words "and other educational," were inserted between "school" and "funds," in line tvwo. Mr. Roberts moved to insert after the word "taxes," in first line, "except on charters organizing the mining companies in the Upper Peninsula." Which motion was disagreed too Mr. J. Bartow moved to strike out, at the end of line three, the words " in the order herein recited." But the committee refused to strike out. Mr. Witherell offered the following, to come in at the end of the third line: ",After the payment of the State debt, except the debt due to the 290 1850.;]' TO REVISE THE,,CONSTITUTION. educational fund, the said.taxes shall be applied exclusively to the purposes of Education." Mr. J. D. Pierce moved tostrike out of the above "purposes of education," and insert- "support of primary schools.". The motion was withdrawn, and Mr. Witherell's amendment was then adopted. Mr. Roberts moved to amend sectional by inserting after;fpaying," in the 1st line, the words':the expense of the governmental and judicial policy of the upper peninsula." Mr. WVitherell offbred the following as a suostitute'for the above amendment, which was accepted by Mr. Roberts and adopted by the comnmittee: Add at end of first subdivision of section,, -as follows: "The foregoing provisions shall not apply' to specific taxes in the upper peninsula." Mr. Van Valkenburgh moved to add at end of 5th line as follows: "And also the necessary amount including the fund appropriated to support the free schools establilshed by this constitution. But the committee refused to so amend section 2. Mr. Edmunds moved to strike out "one," at end offline 2, andsinsert'five," Which was disagreed to. Mr. Robertson moved to strike out, f line three, "with compound interest at six per cent. per annum." The motion was withdrawn. On motion of Mr. Whipple, 4' One" was stricken out of line two, and "two " inserted. Section three was read, when, On motion of Mr. Britain, The blank was filled with "fifty."' Sections 4, 5, 6, 7, 8, and 9 were severally read Mr. Fralick moved to strike out section nine. But the committee refused to strike out Mr. Cook moved to strike out section 10. The motion was withdrawn. Section 11 was then read. Mr. Robertson moved to strike out of section 11, the words "and ni, 2X J.oURNAL OF ITHE CONVENTION [July 27, taxes shall,be levied upon such property as the legislature shall pre, scribe." lBut the committee refused to strike out. Mr. W. Adams moved to strike out of line I the word "shall" and insert "may." Which was disagreed to. 'Mr. Cook moved to strike out "by a state board." But the committee refusod to strike out. Mr. Butterfield offered the following to stand as "Sec. 15. The Legislature shall provide by law for the final col lection of all taxes within the several townships." Mr. White moved to add to said proposed section, the following: "at the same time and in the same manriner." On motion of Mr. Church, The committee rose, reported progress, and asked leave to sit again. The committee, through their chairman, reported the Article back to the Convention, and asked leave to sit again. Leave was granted. On motion of Mr. Van Va,kenburgh, The Convention then adjourned. Lansing S'turday, July 27, 1850. The President called the Convention to order at the usual hour. Prayer by the Rev. Mr. Tooker. The roll being called, there were absent on leave. Messrs. Barnard, Beardsley, Chapel, J. Clalk, S. Clark, Crouse. Daniels, Eaton. Kinne, Lee, Morrison, Raynaile, Walker, Warden and Wells; with, out leave, Messrs. Beeson, Me Leod, N. Pierce atid Soule. LEAVE OF ABSENCE. Mr. J. D. Pierce asked aind obtaii)ed leave for Messrs. N. Pierce and Soule until Monday. Mr. Roberts for Mr. M(cLeod until M(ndav, And Mr. J. Bartdw for Mr. Beesont till Wednesday next. 18504 TO RFVISE THE CONSI'TUTION. PETrITIONS. By Mr. Whittemore: four several petitions of the ladies of Pontiac, praying the incorporation of a provision in the constitution, prohibit ing the manufacture and sale of alcoholic drinks as a beverage. Referred to the select committee upon the subject. By Mr. Church: two several petitions of the citizens of Kent county, that a clause may be inserted in the new constitution, prohibiting the employment of convicts in the State Prison in those branches of mechanical industry which interfere with those of our own citizens. Referred to the committee on miscellaneous provisions. RESOLUTIONS. On motion of Mr. Rix Robinson, Resolved, That the committee on the judiciary be inistructed to inquire into the expediency of inserting a clause in the constitution prohibiting the enforcing by law the payment of any debts on contracts express or implied of a less amount than twenty-five dollars, and that they report thereon as soon as practicable. On motion of Mr. J.' Bartow, The Convention was resolved into a committee of the whole, on the article entitled "Finance and Taxation," Mr. Mason in the chair. PROCEEDINGS IN COMMITTEE. The committee resumed the consideration of "Article -, Finance and Taxation," And the question being upon Mr. White's amendment to Mr. Butterfield's proposed new section, Mr. W. Adams moved to amend the proposed substitute by inserting before "townships" the words'" counties and," Which was not agreed to. Mr. White's motion was also disagreed to. Mr. Butterfield's proposed section was not adopted. Mr. Bush moved to add a new section as follows: "Sec. 15.'Any tax deed given for land returned and sold as delinquent for taxes shall be conclusive evidence of the legality of all, the proceedings prior to and including the sale, and any suit in ejectment JOU-I%R;~AL OF' THE'CONVE:NIOWN- [July 27, for the recovery of said land shall be commenced within five years from the date of baid deed ant&,'not. thereafter, unless the orignagitax upon which the deed was predicatedhad. been paid." But the section was not adopted. Mr. Britain offered the following as a substitute for section 1: "Sec, 1. A,l specific taxes shall be appliedin- paying the interest upon the primary school, university and'otler educational fends, and of the balance of the state debtin the,order herein recited, until the first of January, eighteen hundred and, at which time said specific taxes shall be added to, and forever thereafter.constitute a part of, the proceeds of the prima ry, school fu:nd." Mr. Britain also offered the following.sas an addition to the Article; viz: "Sea. 15.- E'ery. aeOntmaking an-Appropriation not'expressly pro,vided for,by Ithis constitution, shall contain a provision for the n-ecessary state tax to meet such appropriation, and a statement of the year, or, years in which said tax is to be levied; and said act shall, before it shall takeeffect, be,,submitted. to the people at a general elec. tion, or at the annual township meetings, and be.approved by a majority of all the votes given for:and.against,it at said election or annual township meetings. "Sees 16. All lands sold for the non-paynmet of taxes, even though sold by a countyv:officer, shall be-sold in the townships in which they are situated. " - Sec, 17. Every' assessment roll uupon which the resident taxes have been paid and which has been returned by the collect6r shall, with said return, be conclusive evidence of the legality of all taxes therein contained, and of everything pertaining to said taxes, except ~asagainst.errors contaiiied,,in said,,roll,, and receipts for payment of taxes returned unpai& ', Sec. 18. The Legislature may provide iby law as, follows: i. That a deed given.by any legally authorized person, to. a pure o!a'ser of real estate, sold for non-payment of taxes, shall be prima facia evidence of title to such real estate: 2d. That peaceable posoession of real estate by any person whose title thexto shall be.based upon a tax title thereof for such time as th 294 85.} TO REVISE THE COSTITUTION. Legislature shall prescribe not less than six nor more than ten years, shall be conclusive evidence of title thereto: 3d. That.o. person whose title to real estate shall be based upon a..tax deed matte after the irst of Januar.y,-eighteen hundred and fifty shall be ejected therefrom until he be fully paid for all improvements thereorn either made or purchased by him.' On motion of Mr. McClellaind,,. The comnittee rose, reported progress and asked leave to sit again. The committee, througi their chairman, reported the same back to! he Convention, and a.sked aid obtained leave to sit again. On motion of Mr. Storey, The Convention adjourned until Monday morning at 8 o'clock.. Laning, Monday, July 29,1850. The Convention met pursuant to adjournment and was called to-, order by the President. Prayer by the Rev. Mr. MerrilL The roll being called, there were absent on leave Messrs. Barnard B3ardsley, Beeson, Chapel, J. Clark, S. Clark, Crouse', Eaton, Kinney Lee, Morrison, N. Pierce, Raynale, Soule, Walker, and Wells; with. outleave, Messrs. Anderson, H. Bartow, Alvarado Brown, Butters field, Chioate, Daniels, Edmnunds, Green, MeLeod, Orr, Roberts, M. Robinson, Whipple and Witherell. LEAVE OF A'BSENCE Was granted to Messrs. Roberts, McLeod and Willard, until to. morrow: to Messrs. Alvarado Brown and Witherell, indefinitely; to Messrs. Butterfield and Whipple, until Wednesday, and to-Mr An. d,erson until Thursday. PETITIO'NS." By Mr. Warden: of Sarah McCamley and 43 other ladies, of Brighton, Livingston county, praying the Convention to prohibit thesale of ardent spirits,(except for medicinal and mechanical purposes), after,the lst day of January, 1854. Referred to select committee upon the subject. iR,05 t)RN-AL OF THE CONVENTiO' [J'uly 29, By the President: of the officers and other members of the-Detroit City Guards, that the provision in article 10o, section 4, of the present constitution, in relation to money paid "by persons as an exemption 'from military duty-" may be rescinded, and for other encouragement to volunteer companies. Laid upon the table. MOTIONS AND RESOLUTIONS. Mr. McClelland submitted the following substitute for section 2, of the article entitled "Judicial Department." "For the term of six years and thereafter until the Legislature shall otherwise provide, the Judges of the several circuit courts shall be Judges of the supreme court, three of whom shall constitute a quorum, and a concurrence of a majority of Judges present, shall be necessary to a decision. The Legislature shall have power, if they should think expedient and necessary, to provide by law for the organization of a seperate supreme court, with the jurisdiction and powers prescribed in this constitution, to consist of one Chief Justice and two as.ociate Justices, to be elected by the qualified electors of the State. The separate court when so organized, shall not be changed or discontinued by the legislature for six years after its organization. The Judges thereof shall be so classified that but one of them shall go out of office at the same time, and their term of office shall be the same as is provided for the Judges of the circuit court." Which, on his motion, Was referred to the committee of the whole. On motion of Mr. McClelland, The article entitled "Legislative Department," was taken from the table. On motion of Mr. J. Bartow, The Convention resolved itself into committee of the whole and resumed the consideration of the article entitled "Finance and Taxation," Mr. Mason in the chair. rPtOCEEDINGS IN COMMrTTEE. " Article -, Finance and Taxation:" being under consideration, and the chairman of that committee being absent4, ,Ibg 180. TO R^EVISE THE CONSTITUT1ON, On -motion of Mr. J. Bartow, The committee rose, reported progress, and asked leave to sit again. The same was reported back to the Convention and leave was granted the committee to sit again. On motion of Mr. Tiffany, The Convention was then resolved into a committee of the whole, on the article entitled' Judicial Departmtent," Mr. Cook in the chair. PROCEEDINGS IN COMMITTER. Section 1 having been read, Mr. Bagg moved to insert after "circuit courts," in line 1, the words "in county courts." Which motion did not prevail. Mr. Sullivan moved to insert after "circuit courts," the words'in county judges." The motion was disagreed to. On motion of Mr. Goodwin, "Inferior local" was stricken out of 2nd line and "municipal" inserted. Section 2 was then read, and On motion of Mr. Mason, "Three" was stricken out of line 1 and "four" inserted; also "two," in lines I and 2 were stricken out and "three" inserted. On motion of Mr. Backus, The following was inserted after "decision," in 2d line: "The majority of the judges shall give their opinion in every case, in writing, under their signatures." Mr. Britain offered the following as a substitute for the section, which was not adopted. "2d. The supreme court shall consist of four Judges, a majority of whom shall form a quorum, and a majority shall be necessary to any decision. A Judge dissenting from a decision, shall give the reasons of such dissent in writing, under his own signature." On motion of Mr. Hanscom, 38 -2-07 JOURlAL OF -FU OONVENTION [July 21, The word "final" was inserted before "decision,#? wherever it occurs in line 2. Mr. McClelland offered the substitute this morning presented by him, for section 2. On motion of Mr. Van Valkenburg. The committee rose, reported progress, and asked leave to sit again. The chairman reported the same back to the Convention, and asked and obtained leave to sit again. On motion ot Mr. Desnoyers,. T,he Convention adjourned. Afternoon Session. Two o'clom. The Convention was called to order by the President. A quorum of members in attendance, Mr. Moore submitted the following additional sections to the arti ole entitled "Judicial Departmnent," which were referred to the commnittee of the whole. Sec. -. There shall be elected in each of the counties of this State one county judge, who shall hold his office for four years, who shall hold the county court and perform the duties of' the office of judge of probate. Sec. -. The county court shall have original jurisdiction in all cases, civil and criminal; in law and equity, and appellate jurisdiction in such cases as the legislature shall provide. Seco -. The county judge shall receive an annual salary, to be fixed by the board of supervisons, to be paid by the county. Sec. -. The county judge of the county is authorized to hold the county courts for any other county in the State. On motion of Mr. Backus, The Convention resolved itself into committee of the whole and, resumed the consideration of the article entitled "Judicial Depat ment," Mr. Cook in the chair. 108 ~4 TO Rf'VISE THE CONSTITUTIOT PROcEEDINGS IN COMMI,rEE. Thecommittee resumed the consideration of Mr.... MeClelland's substitute for section 2, and after debatethereon, On mnotion of Mr. J. Bartow, The committee rose, reported progress and asked leavse to sit again. The committee, through their chairman, reported the same back and asked and obtained leave to sit again. On motion of M~. Mason, The Convention adjourned. Lansing; Tuesday, Ji.a 3,0; 1850. The Convention met pursuant to adjournment, and was called to ordbr by the President. Prayer by the Rev. Mr. Tooker. The roll being called, there were absent on leave Messrs. Ander. son, Beeson, A}varado Brown, Biutterfield, Chapel, J. Clark, S. Clark, Daniels, Kinne, McLeod, Morrison, Raynale, Roberts, M. Robinson,. Walker, Wells, Whipple, Willard and Withereld; without leave, Messrs. Edmunds, Hixon,and Skinner. ABSENCE. Mr. McClelland asked and obtained leave of absence for Mr. M:. Leod; Mr. Hanscom for Mr. Roberts; Mr. Kingsley for Mi. Skinner, and Mr. Carr for Mr. Edmunds. MOTIONS. Mr. J. Bartow moved to go into committee of the whole on the article entitled "Jiudicial Department.' On motion of-'Mr. Hanscom, The same was amended by inserting." Exemptions and the Rights of Married Women," in lieu of "Judicial Department," and The Conventionsreftised to go intoicommittee of the whole. On motion of Mr. J. Bartow, The Convention then resolved itself into a committee of,the wily on the,general order,. Mr,.Hanscom in the chair. wt JOURNAL OF THE CONVENTION [July, a30o, PROCEEDINGS IN COMMITTEE. The committee took up for consideration "Article-, Exemptions' and the Rights of Married Women.": Section 1 having been read,. Mr. Tiffany moved to strike out of line two "not less than five hundred dollars," and insert "not more than three hundred dollars:" A division of the question was called for by Mr. Woodman, when Mr. Backus moved to strike out "less" and insert'more." Which motion was disagreed to. Mr. Robertson moved to strike out "not less than." But the committee refused to strike out. On motion of Mr. J. D. Pierce, The following was added to section one: "issued for the collection of any debt contracted after the adoption of this constitution." Mr. Tiffany then withdrew his amendment. Mr. Mason moved to strike out " resident of," in line 1 and insert "person in." Which was disagreed to. Mr. Tiffany moved to strike out "'resident," and insert "householder." Which motion did not prevail. Section 2 was then read. Mr. Robertson moved to strike out "less" and "forty," in line 1, and insert "more' and "eighty." But the committee refused to so amend. Mr. Fralick moved to insert after "the," in line 1 the word "recorded." Which was disagreed to. Mr. Cook moved to amend by inserting after "plat," in 3d line as follows: "or an amount oi land, equal in quantity, to one lot in such village or city on which the dwelling house is situated." Which was not adopted. Mr. Robertsonl moved to insert after "incurred," in 3d line, the words "except for the purchase money thereof." Which was not agreed to. Mr. Tiffany moved to insert after "plat," in. 3d line, the words "to the value of one thousand dollars." 300 iLo.] TO REVISE THE CONSTITUTION. Which was disagreed to. Mr. Beardsley moved to strike out "forty," in line 1, and insert "eighty." But the committee refused to so amend. Sections 3, 4 and 5 were then read, and no amendments having been offered, Mr. Robertson moved that the committee rise, report progress and ask leave to sit again. But tthe committee refused to rise. The article in relation to capital punishment was then taken up. Mr. Woodman moved that the committee pass over the article for the present. Which was not agreed to. The article having been read, Mr. Crary moved as a substitute for the article the following: "human life shall be held inviolable." The committee refused to adopt the substitute. The committee then proceeded to consider " Article -, Township Officers and Government." Mr. Robertson moved to strike out "the duties of," in 1st line, and insert, "there shall be elected in." But the committee refused to so amend. Mr. Woodman moved to strike out "duties of," and insert "township government of." Which motion did not prevail. Mr. Alvord moved to strike out " one school inspector," in 2d line. But the committee refused to strike out. On motion of Mr. N. Pierce, The following was added to 2d line: "and so many overseers of highways as there are highway districts." On motion of Mr. Hascall, The words, "and terms of office," were added to the end of the section. Mr. Gale moved to insert after " treasurer," the words " two highway commissioners, one poor-master." On motion of Mr. Newberry, "-Two" was stricken out, and "one" inserted. so,'I' JOURNAL OF THE CONVENTION [July 80 The amendment of Mr. Gale was then adopted as amended. ,On motion of Mr. Alvord, "And compensationl," was inserted at the end of the section. On motion of Mr. Van Valkenburgh, The committee rose, reported progressand asked leave to sit again on the article under consideration, and to be discharged from the eonsideration of articles,entitled - exemption,s and the rights of married women," and " capital punishmnent." The committee through their chairman reported back the arti~!e ,ntitled "exemrptions anrd the rights of married tonen," with an amendment in which the concurrence of the Convention was asked, Anrid the article relative to capital punishment without amendment On motion of Mr. Cornell, ,The Convention adjourned. Afternoon'Session. Two o'diock. The Presidentcalled the Convention to order. A quorum of memnibershbeingin attendance, On motion of Mr. Hanscom, The Convention was resolved into:a committee;ofthe whole onr the general order, Mr. Hanscom in the chair. PROCEEDINGS IN COMMII"-. The committee resumed the consideration of" Article A-, Township Officers and Government." Mr. Church offered the follo.wing asia sul litu'te for the article: "Arlicle -. 7ownships and Township Officers. "1. Each township, duly organized by law, shall be a body corporate and politic, with-such rights, duties, powers, privileges and immunities, and such powers of local legislation, to be uniform throughout the State, as shall be prescribed by law. All suits and proceedings by or against any township shall be in the name thereof. And there shall be elected int each township thre(-e sul)ervisors, who shall hold their offices for three years; two school inspectors, who shall TO REVISE THE CONSTITUTION. hold their offices for two years; and annually, on the first-Monday in April, a township clerk, township treasurer and such number of constables and overseers of highways as may be provided by law The supervisors and school inspectors, at their first election, shall be divided by lot into numbers so that one supervisor and one school inspector shall be elected annually." Mr. Crary called for a division ef the question and moved that the first part of the foregoing, to and including the word "thereof," should stand as a new section of the article. WLhich motion prevailed. The remainder was then offered as a substitute for section -1. But the committee refused to adopt the same. On motion of Mr.;Baekus, The folio,wing was substituted for section 1: "Section 1. There shall be elected by the people annually,. on the first Monday of April, in each organized township, one supervisor, c,ne township clerk, one township treasurer, one school inspector, not exceeding four constable, and one overseer of highways for each highway district in such township, in whom, together with the justices of the peace, not to exceed four, shall be vested the township government, to be defined and limited in such manner as.the Legislature shall prescribe. Mr. Bush offered the following as ac substitute for the article: Sec. 1. All city, town and village officers whose election or appointment is not provided for by.this constitution, shall be elected by the e;ectors of such cities, towns and villages, or of some division thereof or appointed by such authorities thereof as the legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the legislature may direet. Sec. 2. Whenl,the duration of any office is not provided by this constitution, it may be declared by law.; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. Sec. 3. The time of electing,all officers named in the article shall be prescribed by law. 1850.] 3oa JOURNAL OF THE CONVENTION [July.30, Sec. 4. The legislature may declare the cases in which any office shall be deemed vacant where no provision is made for that purpose in this constitution. The substitute was not adopted. On mot'on of Mr. Britain, The following was adopted as a new section: Sec. 3. The legislature shall secure to the inhabitants of every United States survey ed township having fifty inhabitants, a separate organization, provided the township left, contain fifty inhabitants. On motion of Mr. Warden, The committee rose, reported the Article back with the amendments, asked the concurrence of the Convention therein, and to be discharged from the further consideration thereof. The committee through their chairman reported the same back to the Convention, with sundry amendments, in which its concurrence was asked, and the article was laid upon the table. The article entitled "Exemptions and the rights of Married Weo. men" coming up, anid the question being upon concurring in the amendment made by the committee of the whole, The Convention concurred therein. The article being open for amendment, Mr. Mason moved to strike out "resident of," in the first line of section 1, and insert the words, "person in." Which motion was not agreed to. Mr. Newberry moved to strike out "less," in first line of section 2, and insert in lieu thereof, "more." Upon which he asked the yeas axJd nays. And the same being had, the m tioti to amend was lost, as follows: YEAS: Mr. P. R. Adams, Mr. DiiI,i,)id, Mr. Mowry, Axtord, Frali: k, Newberry, Back us, (Gibs,ij, Rot)er tson, Amrmorn Brown, Gfahaiii, E. S tk,i)inson, Burns, GI een, Rix Ro)binson, Carr, ar~ e, Su igis, Choate, Hathaway, Sutherland, Church, Lee,'l-f,i y, Cornstock, Ms;,i, w, Wi t, Coruell, M(lCClellaijd, White, Orouse, Moore, 82 304 iS.O:] TO REVISE THE CONSTITUTION. NAYS. Mr. Eaton, Gale, Gardiner, Hanscom, Hart, Hascall, Kingsley, Leach, Lovell, IMarvin, Mosher, O'Brien, Orr, Mr. Fralick proposed adding at the end of the first section as follows: "Provided, such personal property so exempt shall be designated and defined by law." Which was lost, by yeas and nays, as follows: YEAS: Mr. E. S. Robinson, Rix Robinson, Sta rgis, Suttierland, TiffatJy, A Wait, White, Willianis, President, Mr. Fralick, Gibson, Graham, Hathaway, Lee, Moore, ,Mowry, Newberry, Orr, Er. P. R. Adams, Axford, Backus, Amrmon Brown, Carr, .Church, Cornell, Crouse, Dimond, Eastman, NAYS. M,Ir. Crary, Dani-forth, Eaton, Gale, Gardiner, Hanscom, Hascall, Leach, Lovell, Marvin, ,Mason, McClelland, Mosher, Mr. Backus moved to strike out in sec. 1, the words "exempted so Mr. J. D. Pierce,,' Prevost, Soule, Storey, Suliivan, Tow,n, Van Valkenburg, Warden,. W e bste r, Whitternore, Williatns, Wo,)dtrian, Presid-eiit, Mr. W. Adams, Alvord, Arzeno, Bagg, H. B artow, Beardsley, I Britain, Bu'sh, Chan:dler, Conner, Cooli, Crary, Daiiti)rth, I Eastman, 40 28 , Mr. O'Bri,en,. J. D, Pierce, Prevost,. Robertson, Soule, Storey, S(.illivan, Van Valkenbu Wardet-i, Web.,ter, Whittemore, Woodiiian, Mr. W. Adams, Alvord, Arzeno, Bagg, I H. Bartow, Beardsley, Britain, . Bush, Chandler, Choate, Co'mstock,, Conner, Cook, 38 39 ~ OURNAL OF THE e6 ONVEI:ION Julyua, to the amount of not less than five hundred dollars," and to insert in lieu thereof the word "exempt.'... - Upon this, the yeas and nays being demanded, the vote was as follows: YEAS: Mr. Dimond. Fralick, Gibson, Graham, Hart, Harvey, Leach, Lee, Marvin, NAYS: Mr. Eaton, Gale, Gardiner, Greesn, HIlanscom, Hascall, Hathaway, Kingsley, L ovell, sIMcClelland, Moore, Mosher, Mowry, tO'Br,ien, J. D. Pierce, So the Convention refused to strike out. Mr. N. Pierce moved to strike from the word "five" and substitute "twelve." Mr. Alvord moved the previous question on the article, and the call being sustained, The train question was ordered to be now put. On the amnendment proposed by Mr. N. Pierce, A division having been called, the motion to strike out "five" was lost, And the main question being on ordering the article to a third reading, Mr. Alvord called the yeas and nays, and the same were ordered with the following result: tm Mr. P. R. Adams, : Axtbrd, I Backus, Burns, Bush, Carr, C hu'reh., Cornell, Crouse, Mr. Masoti, . Newbe!rrv, - Orr,, -N. Pierre, E. S. Roblnso stul.g,i, Sutlieriand, Towi),, Wait, 27 Mr. W. Adams, I I Alv(jrd,' Arzetio, Bagg, H. Bartow, Beardsley, Britain, Chandler, Choate, Cot-nstock, Coniier, Cook, Ci-arv Dat)f-o;th, Desnoyers, Mr. Prevost, Robet:tson, Rix Robilison, Soule, St.orev, Sullivan, Tiff,ii)y, V,iti Valkenb-arg, Wardeii, Webster, W[lite, Whittemore, Williatns, Woodrrian, Presidetit, 45' 2d line of section 1, the 185.],TO UEV ISE TH CONSTITUT1ION. YEAkS: Mr. Gale,, Gardiner, Gibson, G-reen, Hanscore, .THarvey, i'iascall, Harthaway, Kitngsley. Leach, Lovell, Marvin, McCielland, Mosher, Mowry,v DO'Brien, Orr, Mr. J. D. Piere, N. Pierce, Prevost, Roberteeon, Rix Robinson, Soule, Storey, - Sullivan, -Sutlerland, Town, Van Valkenburg Warden, Webster, W hittemore, W illiams, Woodmnan, Presidenjt. Mr. W. Ada ms, AlvoId, Arzeno, .qagg, H. Bartow, Br-itain, B3ush, Chandler, Choate, Ojhurch, Cor,stock, C:onner, Cook, Cornell, Crarv, Danforth, Eastman, Eaton, NAYS: .Mr. Desnoyers, Dimond,. Fira]ick, Gibson, H art, Lee, Mason, So the article was ordered to a third reading. Mr. McClelland gave notice that he should move to.morrow to take up the Legislative Article. On motion of Mr. Bagg, The Convention then adjourned. Lansing, Wednesday, Jutly 31I, 1850. .The Convention met at the usual hour and was called to order by the President. Prayer by the Rev. Mr. Sanford. Absent on leave, Messrs. Beeson, Alvarado Brown, Butterfield, -Chapel, J. Clark, S. Clark, Daniels, Edmunds, Kinne, Morrison, Raynale, M. Robinson, Walker, Wells and Witherell; without leave M~essrs. Asahel Brown, ~ixog, MeLeod ~ Roberts Whipple and Wfl :Messrs. Asahet Brown, HiKo"U, McLeod, Roberts, Whipple and,Wil lard. Journal approved. WI .5 lvlr. P.'R. Adatiis, As ford, 13ackLis, Beard.,)ey, Arnmon Brown, Cari-, Crouse, Mr. Moo re, I New-berry, E. S. Robinso Sturgis,, T,iff.ny, . Wait,., IV-hite,, 2,1 JOURNAL OF THE CONVENTION [July 3I, LEAVE OF ABSENCE. Mr. McClelland asked and obtained leave of absen6% for MIessrs. McLeod and Roberts for the day. Mr. J. Bartow for Mr. Beeson until Monday next. Mr. Crary for Messrs. Willard and Hixon, and Mr. W. Adams for Asahel Brown indefinitely PETITIONS, By Mr. Storey: of 19 citizens of the county of Jackson, on the subject of licences. Laid upon the table. Also, of 33 citizens of Leoni, Jackson county, praying the insertion of a clause in the constitution, prohibiting the employment o convicts in the State Prison in those branches of mechanical labor which interfere with mechanical trades in this State. Referred to the committee on miscellaneous provisions. MOTIONS. Mr. McClelland called up the article entitled "Legislative Depart ment," And the question being on ordering the same to a third reading, Mr. Crary moved the previous question, and the same being sec onded, The question, "Shall the main question be now put?" was decided in the affirmative, And ttie article was ordered to a third reading by the following vote: YEAS. Mr. Eastman, Eaton, Fralick, Gale, Gardiner, Gibson, - Graham,. Green, Harvey,, Hascall, Hathaway, Kingsley, Leach,. Lee, 308 Mr. P. R. Adams, W. Adams, Anderson, Arzeno, Bagg, Barnard, H. Bartow, Britain, Aremort Brown, Burns, Chandler, Choate, Church, Comstock, Mr. O'Brien, Orr, J. D. Pierce, N. Pierce, Prevost, Robertson, E. S. Robinson,. Rix Robinson, Skinner,: Soule, Storey, Sturgis, . Sullivan, Sutherlanid, l850.] TO REVISE THE CONSTITUTION. Lovell, Marvin, CMason, M(-Clelland, Moslier, MIowry, Newberry, Conner, Cook, Cornell, Crary, C.rouse, Danl, t.)rth, .Desnoyers, Dienoxid, NAYS: )r. Alvord, Mr. Bush, Axford, Carr, Backus, Hanscom,, J. Bartow, Hart, O)n motion of Mr. McClelland, The article was then read a third time by it The question being "Shall the article now pass?" It was decided in the affirmative, and the same under the rule, re(erred to the committee on arrangement and phraseology. On mo ion of Mr. J. Bartow, The Convention resolved itself into a committee of the whole on the article entitled "Finance and Taxation," Mr. Mason in the chair. PROCEEDINGS IN COMMITTEE. The committee resumed the consideration of Mr. Britain's substitute, offered on the 27th inst., tfor section 1: MAr. Britain offered the following as an amendment: Insert iil line 5, after "taxes,"'except such portion of specific taxes from the upper peninsula, as the Legislature may return to the counties and townships thereof." The motion was withdrawn. The question being upon the adoption of the substitute, Mr. Cook asked for a division of the question, and Section 1 was stricken out. Mr. Fralick offered the following as a substitute for the substitute of Mr. Britain: "The Legislature shall provide for an, annual tax sufficient with other sources of income, to defray the estimated expenses of the State, inrcludiing the interest on the debt of the State for each year; 309 Tiffany, Warden., 'vV e bste r, W hittemore,Willial-ns, WoodMaD, President, 64 Mr. Town, Vaii Valkenburg, Wait, White, 11. 12 JOG,U:RNAL OF: THE CONVENT}ON [Juty:l, and whenever the expenses of any;year, including such interest, shall exceed the income and such tax, the Legislature shall provide for levying a tax the ensuing year, sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing year, including such interest.' The substitute was not adopted.. Mr. Church moved to add to Mr. t)ritain's substitute the following. "'The foregoing provisions shall not apply to specific- taxes in the upper peninsula." But the committee refused to so amend. Mr. Hanscom moved to insert after "taxes," in the first line,'not otherwise appropriated by this constitution." Lvhich motion did not prevail. Mr. Britain's substitute was then adopted. Mr. Bush moved to fill the blank with "SO." Which motion was disagreed to. Mr. Britain moved to fill the blank with "55"s This motion was also disagreed to. Mr. Williams moved to fill with'65." But the committee refused to so amend. Oa mo:i)n of Mr. Crary, The blank was filled with "52." The committee then proceeded to the consideration of the new sectionsoffered by Mr. Britain. The question being upon the 1st, to stand as-section 15, The same was not adopted. Mr. Britain withdrew his proposed section 16). Mr. Britain offered the followving as a substitute for the proposed section 17: "The legislature shall provide bv law for making all assessment rolls which have been returned by collectors; conclusive evidence of the legality of all assessments correctly made, contained thereian saad for the correction of repeated and erroneous assessmnents.': The substitute was not adopted. Mr. Britain then withdrew the remainder of hi% propositions mad; oti the 27th. Ona mnotion of Mr. Web'er, a10 I 80.I -I TO REVISE THE CONTITUTIO.N. The committee rose, reported the article with amendments, asked the concurrence of the Convention, and to be discharged from the further consideration thereof. The committee, through, their chairman, reported the same back with amendments in which the concurrence of the Convention was asked., On motion of Mr. Hanscom, The article (Finance and Taxation,) as amended in committee was laid upon the table and ordered printed. THIRD READING'OF ARTICLES. .[the article entitled "Elections" being before the. convention, On motion of Mr. Whittemore, The same was passed over. Upon the article entitled "County Officers and County Government," Mr. Rix Robinson moved the previous question, which was demanded, and the main question was ordered to, be now put.. The article was then read a, third time, and the question being ",Shall the article pass?" Mr. Mlason asked the yeas and. nays, and the same were taken as follows YEAS. Mr. Crouse, Danforth, Desnoyers,. Eastman, Fralick, Gale, Gibson,, Graham,, Harvey,. ulascall, Hathaway, Kingsley, Marvin, hMcClelland, Moore, Mosher, Mowry, Newberry, %11, Fir. W. Adams, Alvord, Anderson, Arzeno,. Axford, Backus, H. Bartow, ]:'ritain, Ammon Brown, Burns, Carr, Chandler} ~ Choate, Church, Comstock, Conner, Cook, Cornell, MNr. OBrien, Orr, J. D. Pierce, N. Pierce, Robertson, -s. S. RobinsoJ R~ix Robinson, Skinner, Soule, Storey, Sullivan, Tiffaniy, Town, VanV~ahur Wait, Webster, Williams, Woodman,. f 54 312 JOURNAL OF THE CONVENTION [July 33t, NAYS. Mr. Bang, Mr. Dimond, Mr. Mason, Bariiard, Gardiner, Warden, J. Bartow, Green, Whbite, Bush, Hatscom, Whittemore, Crary, Hart, President, 15 So tie article was passed and referred to the committee on arrange. ment and phraseology. The article entitled "Of Cities and Villages" was read a third time, passed, and under the rule referred to the commnittee on arrangement and phraseology. Mr. Mason moved to go into committee of the whole on the Judiciary article. But the Convention refused so to do. The article entitled "Exemptions and the rights of Married Women," was read a third time, when, On motion of Mr. Mason, It was laid upon the table UNFINISHED BUSINESS. The article relative to capital punishmnent, coming up as reported back yesterday by the committee of the whole, Mr. Bagg moved to strike out the same, when, On motion of Mr. McClelland, It was laid upon the table. Mr, Mason moved to go into committee of the whole on the article entitled "Judicial Department." Which was not agreed to. Mlr. Cook called up the Article entitled " Corporations," And the question being upon concurring in the amendments rnmae to the same in committee of the whole, Mr. Hanscom moved to strike out the substitute for section 2v re, ported by!he committee, and insert iil lieu of it, as follows: "'No banking law or law for banking purposes, nor any act creating or renewing any association or corporation for banking purposes, shall ever be enacted by the legislature." Mr. Britain moved to amend the foregoing by adding thereto, "nor shall any bank charter now in force extend beyond the first day of January, 1852." 180.]J TO REVISE THE CONSTITUTION. Mr. Bagg moved to adjourn, But the Convention refused to adjourn. Mr. Robertson asked the yeas and nays on the amendment pronosed by Mr. Britain, and the same being erdered, The amendment prevailed as follows: YEAS: Mr. Crary, Crouse, Daiifjtbrth, Dimond, Eastman, Eaton. Gale, Gardiner, Graharnm. Green, fHaniscom, Hhu art, Harvey, Hascall, KeIngsley, NAYS: .Mr, Hathaway, M ason, McClelland, Moore. Orr, Robertson, -E. S. Robinson, Skinner, Soule, On motion of Mr. Kinigsley, The p)roposition of Mr. Hanscom was further amended by adding: "And no bank paper of any other State shall be allowed to circeulate in this State as currency." Mr. Skinner moved to adjourn. Which was not agreed to. Mr. McClelland moved to amend by adding after "Legislature," in the first clause of the substitute, as follows: "Unless it shall be submitted to the people, and then been firsi approved by a majority of the electors of the State voting thereon in such manner as may be prescribed by the Legislature." 40 31 Ili Mr. Love]], Marvin, Mosher, Mowry, Newberry, - O'Brien, J. D. Pierce, N. Pierce, Ri,x Robiiison, Sturgis, Sullivan, VaiiValkenbur Weboter, W hite, Willianis, Mr. W. Adams, . Alvord, Anderson, Axford, . Bartiard, Britaiii, Amm -on Brown, Burns, Bushi Carr, Chaiidler, Church, OOnDer, Cook, corlieil, 45 Mr. P. R. Adams, Arzeno, Baclkbs, B,,i g g, H. Bartow, .J. Bartow, Choate, Desiioyei-s,, Fralick, Gibsoii, AL lr. Storey,, Sutherland, Ti fra n y, Town, Wait, Wat-den, Whittemore, Woodman President, 314' JOURNAL OF TH CNVENTI [July.t Mr. Van Valkenburgh moved a call of the. Conveontion. But the call was not sustained. The amendment proposed by Mr. IClelland was then agreed to, as follows: YEAS. Mr. Crouse, Danforth, Desnoyers,. Eastman, Eaton, Fralick, Gale, Gibson,Sn Graham, Harvey, Hathaway, Kingsley, Marvin, McClelland, M oore, Mosher, Mr. P. R. Adam,4 W. Adams, Alvord, Arzeno, Bagg, H. 14artow, J. Bartow, Britain, Anmmnon Brown, Burns, Chandler, Choate, Church, Conner,, Cook, Corn ell,. C rary, NAYS. Mr. Anderson,.Mr. Gardiner, Mr. Soule, Axford, Green, Sturges, Backus, Hanscom, Tiffany, Barnard, Hart, Van Valkenburg,. Bush, Hascall,. Wait, Carr, Lovell, Wm'den, Coinstock Mason, Webster, Dimond, N. Pierce,. Whittemore, 24 Mr. Crary moved further to amend Mr. Hfanscom's proposition, by. inserting after the word " renewving,'" as follows:: "Or extended, with the privilege of making, issuLing or putting in circulation any bill, check, ticket, certificate, promissory note or other paper or the paper of any bank to circulate as money."' And the amendment was agreed to. On motion of Mr. Eaton, 'Tho Convention adjourned. Mr. Mowrv,. Newberry,. 07 B rien, Orr,,. Robertson, E. S.. Robinson . Rix Robinson, Skinner,. Storey, Sullivan, Sutherland-, Town, Whi te, Williams,.. Woodtrian, President, 491 18o0.,, ] TO REVISE THE CONSTITUTION Afternoon Session. Two, o'clock, Thee President called the Convention to order. A quorum of members being in attendance, On motion of Mr. Mason, Resnlved, That the thanks of this Convention be tendered to the H.on. HI. T. Backus for his able and eloquent eulogy upon the life, and character of Zachary Taylor, late President of the United States, and that a committee of three be appointed to solicit a copy thereof for publication. The Convention resumed the consideration of the Article entitled Corporations." On motion of Mr. McClelland, The substitute proposed by the committee for section twos was amended by inserting after "purposes," in the 1st line, the words " or amendment thereof." The question recurring on the adoption of Mr. Hanscom's proposition as amended, as a substitute for the one proposed by the committeee, Mr. Gale asked the yeas and nays, and the same being ordered, the substitute was rejected, as follows:. YEAS: Mr. Alvord, Mr. Comstock,. Mr. N. Pierce,, Anderson, Eaton, Wait, Bagg, Hanscom, Webs er, Beardsley,. Hathaway, White, Britain, 1 NAYS: M-r. Dimond, Eastman,. Fralick,. Gale, Gardiner,I Gibson, Graham, Green, Hart, Harvey, Leach, Lee, Lovell, Mason, 315 ,Ir. P. R. Adams,, W. Adaiiis, Arzeno, Axtbrd, Backus, Barnard, 11. Bartow, J. Bartow, Burns, Carr, Chandler, Choate, Church, Conner, Mr. Orr,, J. D-. Pierce, Redfleld, Ro' be rtsoii, E. S. i-tobinso.n, Rix Robi..nson, Skinner, Soule, Storey,. Sturgi.-,, Sullivan, Stitherian.d. Tiffany, Town, JOURNAL OF THE CONVENTION [July 31, Vant Valkenburg, Warden, Whittemore, Williams, Woodman, President, 60 McClelland, Moore, Mosher, Mowry, Newberry, O'Brien, Mr. Britain moved to amend thf reported substitute by adding thereto, the following: ",Nor shall any bank have any legal existence in this State after the 1st day of January, 1955, except under a general banking law," upon which the yeas anp nays were ordered. Mr. Britain withdrew the proposition. Mr. Crary moved the previous question on the section; But the same was not ordered. On motion of Mr. Britain, The original section of the article was amended by inserting in line 1, after "purposes," the words, "or amendment thereof" Mr. Bagg proposed the following substitute for the one proposed by the conmmnittee to section 2. "The legislature shall have no power to pass any taw creating banking privileges." To which Mr. Britain proposed to add: "Nor shall any bank charter now in existence, extend beyond the first day of January, 1853." Mr. Bagg then withdrew his proposition, and offered the following as a substitute for the same: "No banking law or law for banking purposes, nor any act creating, continuing, renewing or extending any association or corporation for banking purposes, shall-ever be enacted by the Legislature.,' The President deciding the proposition out of order, Mr. Hanscom appealed from the decision of the chair. Upon the appeal Mr. McClelland moved the previous question. And the same being ordered, The main question was ordered to be now put, And the question being: "Shall the decision of the chair stand as the decision of the Convention? It was decided in the affirmative. 31t Cook, Cornell, Crary, Crotuse, Daiifirth, Desnoyers, 1850.]3 TO REVISE TTHE CONSTITZUTION. . Mr. McClelland moved the previous question on the section, and the same was sustained. And the mtain question ordered to be now put, And the substitute reported by the committee of the whole for , see. 2 of the article, was concurred in by the following vote: YEAS. Mr. Danforth, W Desnoyers, Eaton, Fralick, Gale, Gibson, Graham,i Green, H art, Hanthaway, Kingsley, Leach, Marvin, Mason, McCtelland, Moore, Mosher, Mr. P. R. Adams, W. Adamns, Alvord, Anderson, Arzeino, Bagg, H. Bartow, Beardsley, Britain, Arnenon Brown, Burris, Chandler, Choate, Church, Conner, Cornell, Crouse, NAYS ,Mr. Eastman, Gardiner, Hanscom,,. Harvey, Hascall,. Lee, Lovell N. Pierce, Prevost, The amendments made in committee to.section 3 were concurred in. The first amendment to section 4 being under consideration,. On motion of Mr. Cook, The same was amended by striking out "paper credit" and insert. ing the word "bills." The remainder of the amendments made in committee of the whole to the article were severally concurred in with the exception of those to section 5, in which the Convention refused to concur. The article being open to amendment, 317 Mr. Mowry, Newberry, Orr, J. Di Pierce,, Rob.er.t,.,oiil E. S. RobiDSOD,,, Ilix,. R4,bin&oii, Skititier, Soule, S,-Ilurgi-,, Sullivaii, Town, Vaii Vallienburg,, Whitteiiiore, Woodiiiari. Presideiit, 50 Mr. Backus, Barnard, J. Bartow, 'Bush, Carr, . Comstock, Cook, IC rary, Dimond, Mr. Redfield, Stot-ey, Stitliei-laiid, Tiff,it-jy, Wa, dei,i, Webster, White, Williams) 26 JOU;RNA OF THE,CONVENTIO [Jiy 31, Mr. V,an Va.kenburgh moved to strike from the sixth section, up -to and inclusive of the word'indirectly," in the 2nd line, and insert "'the legislature shall pass no law directly or indirectly sanctioning." Whlich was disagreed to. Mr.'Comstock moved to amend section -3, by inserting in line 2' after the word "liable,".he words, "to the amount of their respec live share or shares of stock in any such corporation or association." But the motion was not agreed to. On motion of Mr. Cook, Section 6 was amended by inserting in the first line, after "law," the words "authorizing or." M!r. J.'D. Pierce moved to amend section 4, by striking there from, in the third line, sin State stocks;" and in the thirdiaiid fourth lines, the words "bearing interest, or stock of the United States." Pending which, Mr. W.ebster moved that the article be committed to the committee on corporations, with instructions to amend the sa-ne as follows, viz: .-,Strike out section 2. and insert as follows: "No banking law or law for banking purposes, nor any act creating, renewingor continuing any association or corporation for balinking purposes, steall ever be enacted by the Legislattt-re.". Amend by adding a new section, to stand as sec(tion 3, as follows: 'No law now ili force in this State creating or authorizing any bank or banking institution, or ir)corporati,ng any company or association f')r t'a,ikiitg purposes in this State, shall extend to or have anv force or exl'act after the first day of January, 18-53, and no such in..stitution nowv existing in this state shall issue any note or bill to ibe circulaited a-s Inoney after the first day of January, 1851. Mir. Cook tn,fved the previous question on the Article, and the .ca'l being secoll(led by a majority of the members present, the main questio:I wa ordered to be now put. The amiftli,ltiett proposed by Mr. J. D. Pierce was then rejected by the followitnig vote: YEAS: Mlr. P. t-. A'1a,s.s, Mr. Churclh, Bait'k 8,, C, Crary, j,,agg, Eaton, Ba'ntard, Gardiner,h M.r. J. D. Pierce, Sotle, Webster, W~hite, .43 14B C rou.e, Mosher, President, Danforth, Mowry, 47 And the main question being on ordering the Article to a third reading, it was so ordered by yeas and nays, as follows: YEAS. P. R. Adams, W. Adams, Arzeno, Axforld, H. Bartow, Beardsley, Britain, Ammon Brown, Burns,H Chlandler, Choate, Church, Collner, Cook, Cornell, NAYS. Mr. Green, Hanscom, Hart, Harvey, Hascall, Lovell, Marvin, Mason, J. D. Pierce, 4,3 Mr. Alvord, Backus, Bagg, Barniard, J.; Bartow" Bush, Crary, Eaton, Gardiner, Mr. N. Pierce, Redfiejld, Robertson, Soule, W arden, Webster, W 1,ite, Wirilliams, 26 320 JOURNAL OF THIE CONVENTION [Aug. 1, Mr. Bagg moved to take up the Article entitled "Elections." Pending which, On motion of _Mr. McClelland, The Convention adjourned., Lansing, Tltursday, Aysqust 1, 1850. The Convention met at 8 o'clock and was called to order by the President. Prayer by the Rev. Mr. Tooker. The roll being called, there were absent on leave, Messrs. Beeson, Alvarado Brown, Chapel, J. Clark, S. Clark, Edmunds, Hixon Kinne, McLeod, Raynale, Roberts, M. Robinson, W~alker, Wells, Willard antid Witherell; without leave, Messrs. Lee, Redfield and Wait. LEAVE OF ABSENCE. Mr. H-anscom obtained leave for Mr. Van Valkenburg, and Mr. Carr for Mr. Wait until Monday next. Mr. Gardiiier for Mr. O'Brien, Mr. Robertson for Mr. Hathlaway, and Mr. Crouse for Mr. Lee, indefiniitely. PETITIONS. By Mr. Moore: of Jacob French and 45 others of St. Joseph county, praying an article may be incorporated in the cot.stitution prohibiting the legislature from passing any laws authorizing the sale of ardent spirits as a beverage. Referred to the select committee upon the subject. Also of John Htotchin and 46 others of St. Joseph county, that the Convention will insert an article in the Constitution prohibiting the labor of convicts in the State Prison from coming into competitionI with other mechanical labor. Referred to the committee on miscellaneous provisions. REPORTS. Mr. Gardiner, from the select committee on the traffic in ardent spirits, submitted a resolution. Laid upon the table and ordered printedi. t850.] TO REVISE THE CONSTITUTIONo MOTIONS AND RESOLUTIONS. On motion of Mr. Gardiner, Resolved, That the Secretary be authorized to draw a certificato upon the State Treasurer in favor of Mr. Martin Mahon, for three dollars per day for his services as reporter of this Convention, corn.tnencing on the 16th day of July last. On motion of Mr. Leach, Resolved, That the committee on supplies be instructed to report to the Convention, as soon as practicable, the kind and quantity of stationery purchased for the use of the Convention, and the price paid for the same. On motion of Mr. J. Bartow, The Convention then resolved itself into committee of the whole and resumed the consideration of the Article entitled "Judicial De. partmen-t,'" Mr. Cook in the chair. PROCEEDINGS IN COMMITTEE. The consideration of the substitute offered by Mr. McClelland for section 2 being resumed, Mr. Warden moved to amend the same as follows: Strike out all between the words "supreme court," in 3d line, and "shall," in the 4th line, and insert "four of whom shall constitute the supreme court, and a concurrence of three." Mr. Church moved to amend by striking out all after the word "'courts," in the second line, and inserting as follows: "shall consti.tute a supreme court, and four of said judges shall be a quorum able to transact business, and the concurrence of three of said quorum shall be necessary to a final decision. The Legislature shall have power, whenever they deem it expedient, to organize a separate supreme court, with the jurisdiction and powers prescribed in this con. stitution, to consist of one chief justice and three associate judges, to be elected by the qualified electors of this state. Said separate supreme court, when established, shall not be changed or discontinued by the Legislature for eight years after its organization. The judges thereof shall be so classified that but one of them shall go out of office at the same time, and their term of office shall be eight years." 41 ,321w 3'2,2 JOURNAL OF THE CONVENTION [Aug. 1, The question being upon Mr. Warden's amendment, it was with. drawn. The proposition of Mr. Church was adopted. The question now recurring upon the adoption of the substitute, as amended, for section 2, A division of the question was called, when, On motion of Mr. Woodman, The committee rose, reported progress and asked leave to sit again. The committee, through their chairman, reported progress and asked leave to sit again. Leave was granted. When, on motion of Mr. Cook, The Convention adjourned. Afternoon Session. Two o'clock. The Convention was called to order by the President. A quorum being present, On motion of Mr. Storey, The Convention resolved itself into a committee of the whole on the Judiciary article, Mr. Cook in the chair. PROCEEDINGS IN COMMITTEE. The committee resumed the consideration of the substitute offered by Mr. McClelland, and amended by Mr. Church, and after some time spent in debate thereon, On motion of Mr. Bush, The committee rose, reported progress and asked leave to sit again. The committee through their chairman reported the same back to 'he Convention and asked leave to sit again. Leave was granted. On motion of Mr. J. Bartow, Rsolved, That the Secretary of this Convention be and he is here 1850.] TO REVISE THE CONSTITUTION. by required to procure a sufficient quantity of parchment, upon which to enroll the new Constitution. On motion of Mr. J. D. Pierce, The Convention adjourned. Lansing, Friday, August 2, 1850. The Convention met at the usual hour and was called to order by the President. Prayer by the Rev. Mr. Merrill. The roll being called, there were absent on leave Messrs. Beeson, Alvarado Brown, Chapel, S. Clark, Edmnunds, Hixon, Kinne, Lee, Raynale, M. Robinson, Wait, Walker, Wells, Willard and Witherell; without leave, Messrs. Crary, Danforth, Redfield and Whittemore. ABSENCE. Mr. Hart asked and obtained leave for Messrs. Redfield and Whittemore for the day. The President announced Messrs. Mason, Williams and Soule a committee in conformity with the resolution adopted on Wednesday last, relative to the eulogy delivered by the Hon. H. T. Backus. — MOT.ONS AND RESOLUTIONS. Mr. Eastman moved to reconsider the vote by which the article entitled "county officers and county government" was passed. The motion was laid upon the table. Mr. Woodman called uLp his resolution relative to the absence of Mr. P. R. Ada.ms, offered the 23d ultimo, when, On motion 6f Mr. Moore, The resolution was indefinitely postponed. On motion of Mr. Hanscom, The Convention proceeded to consider, in committee of the whole, the article entitled "Judicial Department," Mr. Cook in the chair. PROCEEDINGS IN COMMITTEE OF THE WHOLE. The committee resumed the consideration of the substitute for section 2, 323 JOURNAL OF THE CONVENTION [Aug. 2, And a division of the question being call for, section 2 was strick. en out. Mr. HIanscom offered the following as a substitute for the substi tute: "The supreme court shall consist of four judges, three of whom shall be necessary to form a quorum, and the concurrence of three shall be necessary to every final decision. The final decision of the judges shall be in writing, signed by them, and a judge dissenting from a decision shall give his reascns for such dissent in writing, under his signature. And the legislature may, if they shall deem it expedient, require each of the judges of the supreme court to hold one of the terms of the circuit court in each year in any one of the counties of the State in which more than two terms are annually held." On motion of Mr. Hanscom, The committee rose, reported the article back with an amendment and asked the concurrence of the Convention therein. The committee through their chairman reported the same back to the Convention with an amendment in which its concurrence was asked. The question being upon concurring in the amendment-striking cut section 2 of the article-the yeas and nays were demanded, when, On motion of Mr. McClelland, A call of the Convention was ordered, and Messrs. Crary, Dan. forth, Graham and Prevost were found absent without leave. Mr. Cook asked leave for Mr. Danforth, and Mr. Morrison for Mr. Crary for the day, and Leave was granted. On motion of Mr. Cook, The Sergeant-at-Arms was dispatched to secure the attendance af Messrs. Graham and PIrevost. Those delegates soon appearing, On motion of Mr. McClelland, A.11 further proceedings under the call were dispensed with. 324 TO REVISE THE CONSTITUTION. The amendment of thie committee, striking out section 2 of the article, was then concurred in by the following vote: YEAS. Mr. Choate, Conner, Cook, Cornell, Desnoyers, Eastman, Eaton, G ale, Gardiner, Grahlam, Hascall, Kiingsley, Leach, Marvin, NAYS. IMr. Gibson, Green, Hanscom, Hart, r Harvey,. Lee, hLovell, Mason, Mc Leod, M orrison, Mowry, Newberry, Orr, Orn motion of Mr. J. Bartow, The article (Judiciary Department) was recommitted to the corn mnittee of the whole, and The Convention resumed its consideration in committe, Mr. Cook in the chair. PROCEEDINc S IN COMMITY'EE. The committee resumed the consideration of "Article —, Judicia Department. " Mr. McClelland offered the following to stand as section 2: " For the term of six years and thereafter until the Legislature shall otherwise provide, the Judges of the several circuit courts, shall con 1850.] 325 Mr. P. R. Adam,-;, W. Adams, Anderson, Arzeno, Bartiard, H. Bartow, J. Bartow, Beardsley, Britain, Ammoii BroWD, Asatiel BroWD, Btirns, B(ish, Butterfield, Mr. McClelland, I Moore, Mosher, J. D. Pierce, N. Pierce, Prevost, E. S. Robinson, ;Ri'x Robinson, skiDDer, Storey, Towin, WardeD, White, Whipple, 42 — Mr. Alvord, A,x fo r d, . Backus, B-gg, Carr, Chandler, Church, J. Clark, Comstock, Crou,e, Daniels, Diiyiond, Fralick, iM, r. Roberts, ,Robertson, Soule, Sturgis, Sullivan, Sutherland, q'ifl4ny, W e b -,, te r, Wliittem'ore, 'Williams, Woodmain, P-reside,nt, 38 'JOURNAL OF THE CONVENTION [Aug. 2, stitute a supreme court; and four of said Judges shall be a quorum able to transact business; and the concurrence of three of said quorum shall be necessary to a final decision. The Legislature shall have power, whenever they deem' it expedient, to organize a separate supreme court with the jurisdiction and powers prescribed. in this Constitution; to consist of one chief justice, and three associate judges, to be elected by the qualified electors of this State; said separate-supreme-court when established, shall not be changed or dis continued by the Legislature for eight years after its organization; the judges thereof shall be so classified that but one of them shall go out of office at the same timne, and, their, term of ocffice shall be eight years." Mr. i.anscom offered the following as a substitute for the above: "The supreme court shall consist of four judges, three of whom shall be necessary to,form a quorum, and the concurrence of three shall be necessary to every final decision. The final decision of the judges shall be in writing, signed by them; and a judge dissenting from a decision, shall give his reasons for such dissent in writing, under his signature; and the Legislature may, if they shall dbere it expedient, require each of the judges of the supreme court to hold one of the terms of the circuit court in each year, in any of the counties of the State in which morethan two,terms are-annually held." Mr. Britain moved to amend the substitute of Mr. McClelland, as follows: strike out "separate," wherever it occurs: and also strike out all after "decision," in the fifth line, to and including "State," in the 11th line, and insert, " The Legislature shall have power to provide by law for. the organization of. a supreme court, with the ju risdiction and powers prescribed in this Constitution; to consist of one chief justice, to be elected by the qualified electors of the State; and three associatejustices, who shall be circuit judges, and taken from the respective circuits for the time being, in such manner as the Legislature may deem expedient." But the committee refused to so amend. Mr. Britain also offered the following amendment, which wa not adopted: 326 i850.1 TO REVISE THE CONSTITUTION. Strike out "separate,"'wherever it occurs. Also, strike out, after "decision," in line 5, toand including "state," ii line 11, and insert, "the legislature may provide by law for the organization of a supreme court, with the jurisdiction and powers prescribed in this constitution, to consist of four judges, two of whom shall be elected by the qualified electors of the state, and two of whom shall be circuit judges, and taken, from the respective judicial circuits for the time being, in such manner as they may deem expedient." Mr. Morrison moved to strike out of Mr. McClelland's substitute for the term of six years and thereafter." But the committee refused to strike out. The question then recurring upon Mr. Hanscom's substitute, the same was not adopted. Mr. Robertson moved to strike out of Mr. McCIelland's substitute the words "for the term of six years and thereafter until the legislature shall otherwise provide." Which did not prevail. Mr. Bagg moved to insert after "decision," the words "and they shall cast lots as to whom shall set in bank in the supreme court for each and every year." But the committee refused to so amend. The question being upon the adoption of Mr. McClelland's substi tute, Mr. Britain called for a division of the question, and the Ist part of the substitute was adopted. Mr. Kingsley moved to amend the 2d branch of the substitute by inserting after "expedient," the words, "for the term of six years." Which motion prevailed. The substitute was then adopted., On motion of Mr. McClelland, The committee rose, andxeported the article back to the Conven tion. The committee through their chairman, reported the same back to the Convention with an amendment, in which its concurrence was asked. 327 JOURNAL OF TEE CONVENTION [Abg.', On motion of Mr. McClelland, The article with amendment was referred to the committee on the judicial department. The article entitled "Elections,"' coming up on its passage, On motion of Mr. Hanscom, The same was laid upon'the table. THIRD READING OF ARTICLES. '-The article entitled' "Corporations," was read a third time; wher Mr. McLeod moved to recommit it to the committee on banking and other corporations except municipal, with instructions to strike therefrom the first clause of section 11 as follows: "From and after the year 180, the Legislature shall have the powerto alter or repea1 the charters of all corporations whose charters shall not have expired previous to that timne." Mr. White moved to amend the instructions by striking out the entire article, and inserting in lieu thereof as follows: ARTICLE -. Sec. I. Corporations may be formed under genera] laws; but shall iot be created by special act, except for municipal purposes. All general laws, and special acts passed pursuant to this section, may be altered from titie to time, or repealed. Sec. 2. The term "corporations," as used in this article, shall be construed to include all associations and joint stock companies having any of the powers or privileges of corporations, not 1)ossessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts, in like cases as natural persons. Sec. 3. The Legislature shall have no power to pass any act granting any special charter for banking purposes; but corporations or associations may be formed for such purposes, under general laws, by a vote of two-thirds of all the members elected to both branches thereof. Sec. 4. The Legislature shall not pass any law sanctioning in any manner, directly or indirectly, the suspension of specie payments by any person, association or corporation, issuing bank notes of any doescription. See. 5. The Legislature shall provide by law for the registry of 328 1850.] TO REVISE THE CONSTITUTION, all bills or notes issued or put in circulation as money, and shall re-e quire ample security for the redemption of the same in specie; such security to be in stocks, (bonds or evidence of debt issued by the United States or of individual States, or both,) which shall be deposited with the State Treasurer, and be at least, when offered, equal in value to the amount of bills or notes registered and issued for circulation. See. 6. The stockholders in every corporation and joint stock association for banking purposes, issuing bank notes or any kind of paper credits to circulate as money, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its issues, debts and liabiliti es. Sec. 7. All corporations and joint stock associations created by the Legislature, under and by virtue of this article, shall pay to the State Treasuier for the use of the State, at least one per centumn per ,nuin on the capital stock paid in, as a tax; and no other tax shall he assessed or collected against them. Sec. 8. In case of tile insolvency of any bank or banking association, the bill holders thereof shall be entitled to preference in payenent, over all other creditors of said bank or association." Bui the motion to so amend, was lost as follows: YEAS. M4 B,,rns, Mr. Daniels, Mr. Harvey, Carr, Fralick, Lovell, Chandler, Gale, W hite, Comstock, Green, Williams, 12 NAYS. Mr. W. Adams, Mr. Crouse, lMr. Mowry, Alvord, Dimond, Newberry, Anderson, Eastman, Orr, Aizeno, Gardiner, J. D. Pierce, Bagg, Gibson, N. Pierce, Barniard, Hanscorn, Robertson, H. Barmow, Hascall, Rix Robinson, Beardsley, Kingsley, Skinner, Britain, Leach, Soule, Bush, Mason, Storey, Choate, McClelland, Sturgis, Church, McLeod, Town, Conner, Moore, Warden, 3'2 9 42 JOURNAL OF THE CONVENTION [Aug. 2, Cook, Morrison, Webster, Cornell, Mosher, President, 45 ,Mr. Church moved to amend by adding further instructions, as foilows: " And to amend section 3 by striking out in lines 2 and.3, the words ; all its debts," and insert "said bank notes or paper credits so circu. lated as money;" and to strike out in line 4, the words "for one. year thereafter." Which he subsequently withdrew. On motion of Mr. Comstock, The proposition of Mr. McLeod was amended by instructing the committee to report the following additional section. "The term "corporations," as used in this article, shall be construed to include all associations and joint stock companies having any of the powers or privileges of corporations, not possessed by in. dividuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued; in all courts, in like cases as natural persons. Mr. White moved further to amend by instructing the committee to add the following as an additional section: All the officers and stockholders of every corporation or association for banking purposes, issuing bank notes or bills, or any kind of paper credits to circulate as money, shall at all times be jointly and severally liable for all the debts and liabilities for such corporation c-r association,' Mr. Hanscom proposed to add "and for six years thereafter." Which Mr. White agreed to. And the amendment as modified was lost. Mr. Morrison moved to amend by instructing the committee to report the following in lieu of section 2 of the article: "Corporations for banking purposes, shall be formed, extended or renewed by special laws, but no such act of incorporation, extension or renewal, shall take effect until the same shall have been submitted to the people at the next general election, (for representatives) succeeding the passage of the same, and approved by a majority of all the votes cast at such election for and against such law. There shall not be more than one act of incorporation, extension, or renewa of '&, 0 1i86.] TO REVISI' THE CONSTITUTION. any association with banking powers passed during any one session of the Legislature." Which was not agreed to. Mr. Moore moved to adjourn. But the Convention refused to adjourn. On motion of Mr. Cook, The article was laid upon the table. On motion of Mr. Woodman, The article reported by the committee on the Punishment of Crimes was made the special order of the day for to-morrow. On. motion of Mr. Cornell, The Convention adjourned, Afternoon Sessions Two o'clock. The Convention was called to order by the President. A quorum of members being present, On motion of Mr. Cook, The article entitled "Corporations," was taken from the table. Mr. Masons moved a call of the Convention. And the same being ordered, after calling the roll the absentees appearing, All further proceedings under the call were dispensed with. At the suggestion of Mr. McClelland, By the unanimous consent of the Convention, section li was amended by inserting after the word " created," in the 3d line, "ez7cept ibr the construction of rail roads and canals." The proposition of Mr. McLeod, to recommit with instructions, coming up, A division was had, and, The motion to recommit was first taken, which prevailed by yeas and nays, as follows: YEAS. Mr. Eastman, Fralick, Gale, Green, :3'S-1 Mr. P. R. Adams. Arzeno, H. Bartow, J. Bartow, Mr. Ptevost, I. I Roberts,, Robertson, .Rix RobinS'OD, JOURNAL OF THIE CONVENTION [Aug. 2, Beardsley, Hart, Skinner, Butterfield, Harvey, Storey, Carr, Kingsley, Sturgis, Chandler, Lovell, Sillivan, Choate, Mason, Webster,, Church, McClelland, White, Comstock, McLeod, Whipple, Cornell, Morrison, Williams,. Daniels, Newberry, W oodman, Desnoyers, Orr, President. 42 NAYS. IMr W. Adams, Mr. Burns, Mr. Hanscorm, Alvord, Conner, Mowry, Anderson, Cook, J. D. Pierce, Axford, Crouse, N. Pierce, Bagg, Dienond, Soule, Barnard, Eaton, Town, Amrmon Brown, Gardiner, Warden, Asahel Brown, Gibson, 2 The question recurring on the instructions, Mr. Church moved to amend the same by further instructing the committee to amend section 3 by striking out in the 2d and 3d lines the words " all its debts," and inserting in lieu thereof " said bank notes and paper credits so circuilated as money." Also, To strike out in the last line of the same section the words "and for one year thereafter." Mr. Hanscom moved to amend by further instructing the committee to strike out section 2, and insert as follows: "No banking law or law for banking purposes, nor any act creating, renewing or continuing any association or corporation for banking purposes, shall ever be enacted by the Legislature." Amend by adding a new section, to stand as section 3, as follows: 'No law now in force in this State, creating or authorizin$ any bank or banking institution, or incorporating any company or association for banking purposes in this State, shall extend to or have any force or effect after the first day of January, 1853, and no such institution now existing in this State, shall issue any note or bill to be circulated as money after the first day of January, 1851." A division of the question was had, and on the instructions striking out section 2, and substituting as above, the yeas and nays were ordered, with the following result: a3lz Ammon Brown, Burns, Butterfield, Chandler, Choate, Comstock, Conner, So the first portion of the amendment was disagreed to; and the remainder of the proposition was also rejected by follows: YEAS. Mr. Cook, Daniels, I)imond, Eaton, Gardiner, Hanscom,, Hart, Hascall, N. Pierce, NAYS. Mr. Crouse,. Eastman, Fralick, Gale, Gi'b'on, Green, Harvey, Kingsley, Green, Harvey, Kingsley, Leach, Lee, Lovell, Mason, Orr, - Prevost, Skinnter, Stotrey, Sullivan, Whilpple, President, 39 yeas and nays, as Mr. Alvord, Anderson, Bagg, Beaid,dsley, Britain, Asahel Brown, Burns, Carr, I Church, M r. R o berts, Robe ri,son, Rix Robinson, Soule, Town, Webster, White, W/'illiams, Woodaman, 27 Mr. P. R. Adams, W. Adams, Mr. Moore, Morri~son, Mosher, Mowrv, Newberry, Orr, J. D, Pieree,, Prevost, Arzeno, - Axford, Barnard, H. Bartow, J. Bartow, Ammon Brown, JOURNAL OF THE CONVENT[ON [Aug. 2, Butterfield, Leach, Skinner, Chandler, Lee, Storey, Choate, Lovell, Suili van, Co mstock,, Mason, Warden, Conner, McClelland, W hipple, Cornell, McLeod, President, 42 Upon Mr. McLeod's proposition as amended, a division of the question was had, and the instructions in agreed to by yeas and nays, as follows: YEAS. Mr. Fralick, Gale, Green, Harvey, Kingsley, Leach, Lee, Lovell, Mason, McClelland, Mc Leod, Moore, Mosher, Mowry, NAYS. Mr. Burns, Conner, Cook, Crouse, Dimond, Eaton, Gardiner, Gibson, Hanscom, And the second clause of the proposition instructing the committee to report an additional section was also agreed to. So the article was recommitted to the committee with which it originated with instructions. Mr. Cook, from the committee on banking and other corporations except municipal, to whom was referred the article entitled'Corpor ations," with certain instructions, reported the same back to the ,Convention amended agreeably thereto. Mr. Cook moved the previous question on the article, And the same being sustained, -M 4 regard to section 11 were ',N'lr. P. R. Adams, Alvord, H. Bartow, J. Bartow, Be rdsley, Butterfield, Carr, Chandler, Choate, I Church, Comstock I CorDCII, Daniels, Eastman, Mr. Newlberry, Orr, . Prevost, Roberts, Rot)ertson, Rix Pobinson, Skititier, , torev, Sullivan., White, - Wiiipple, Willia,rns, Woodman, President 4'2 Mr. W. Adams, Andeison, ArzeDO, Axford, Bagg, Barriard, BritaiD, Ammoii Brown, Asahel Brown, Mr. Hart, H ascall, Morrison, J. D. Pierce, N. Plere, I ,Sou-],e, Town, Warden, Webster, 27 1850.J TO REVISE THE CONSTITUTION. was ordered to be now I n, "Shall the article now were ordered, with the YE,S. Mr. Cornell, arouse, I Daniels, Eastman, Gibson, Harvey, Kingsley, Lee, McClelland, Mosher, Mowry, Newberry, Mr. P. R. Adams, W. Adams, Arzeno, Axford, EH. Bartow, Bear dsley, Ammon Brown, Butterfield, Chandler, Choat e, Church, Conner, Cook, NAYS. Mr. Alvord, Mr. Fralick, Alr. Morrison, Bagg, Gale, N. Pierce, Barnard, Gardiner, Prevost, J. Bartow, Green, Roberts, Britain, Hanscom, Robertson, Asahel Brown, Hart, Webster, Burns, Hascall, White, Carr, Lovell, Whiprle, Comstockli, Mason, Williams, Eaton, McLeod, 29 So the article (corporations) was passed, and under the rule, referred to the committee on arrangement and phraseology. Mr. McClelland moved to adjourn. But the Conventiou refused to adjourn. On motion of Mr. Moore, The article, "Exemptions and the rights of Married Women,'" was taken from the table, And the question being on the passage of the same, Mr. Axford moved that the article be committed to the committee on Exemptions and the Rights of Married Women with instructions to amend the same as follows: Strike out sections 1 and 2, and substitute the following to stand as sections 1 and 2 of said article: Substitute for section 1: 33,5, Mr. Orr, J. D Pierce, Ri.x R.obinsod, Skinner, Soule, Storey, Sullivan, Town, W arden, W illard, Woodman, Presideiit, 3 ,336~ JOURNAL OF THE CONVENTION [Aug. 2, "Personal property. to the amount of not less than two hundred anci fifty dollars nor over five hundred dollars of every resident of this state shall be exempt from sale on execution or ally other final pro. cess of any court of law or equity, except for the purchase money of: the same, and at the first session of the legislature after the adoption of this constitution they shall provide and designate by law the kinds of property and the amount so to be exempted." Substitute for section 2: A homestead of every family of this State, of forty acres and'no more, not exceeding in value five hundred dollars, and which shall lot be included in any city, village, or recorded town plat, or in lieu thereof any lot, in any village, city, or recorded town plat, n,otexceedingin value five hundred dollars, shall not be subject to any forced sale for any debt contracted after the adoption of this constitution, except for the purchase money of the same, nor shall the owner of such homested, if a married man, alienate the same by any deed of conveyance, without the consent of his wife obtained ini due form of law; but no such exemption shall be valid except the owner or owners thereof shall have filed a description of the same in the otfice of the register of deeds in the county in which said real estate is situated." Mr. J. D. Pierce offered the following substitute for the instructions proposed by Mr. Axford: Amend section 1, line 1, by inserting after "state," the words,'t, consist of such articles as shall be designated by law." Also, amend section 2, line 3, after the word "plat," by insertingas follows: "or such parts of lots as shall be equal thereto, not exceeding in value $1500." Amend section 3 by striking out of line 3 the following: "for their benefit and support during minority." Mr. Axford moved to strike out';1500," and insert "500." But a division being had, the Convention refused to strike out. LThe substitute was then agreed to by yeas and nays, as follows-. YEAS: Mr. P. R. Adams, Mr. Cook, Mr. Mosher, WV. Adams, Cornell, Mowry, Alvord, Daniels, Orr, 1850.] TO REVISE THE CONSTITUTION. Eastman, Eaton, Gale, Gardiner, Gibson, Green, Harvey, Hascall, Kingsley, Lovell, Mason, Moore, Morrison, NAYS: Mr. Fralick, Hanscom, Lee, Mr. Mason moved to amend the instructions by adding, amend section 1, by striking out " resident of," and inserting in lieu thereof, the words "person in." Which did not prevail. Mr. Moore moved to amend the same by adding, amend section 5, by inserting after "devise," the words, "otherwise than from her husband." Which was not agreed to. Mr. Beardsley moved to amend the instructions by adding, amend ,the 5th section, by adding thereto, "and she may devise the same as if she were unmarried."' Mr. Robertson moved to adjourn. But the Convention refused to adjourn. Mr. Beardsley's amendment was then agreed to by yeas and nays, as follows: NAYS. Mr. Comstock, Crouse, - Daniels, Eastman, Eaton, o Gale, Gardiner, Hart, Harvey, Mr. P. R. Adams, W. Adams, Alvord, Anderson, Arzeno, Bagg, Barnard, H. Bartow, Beardsley, 43 33.7 J. D. Pierce, N. Pierce,; Rix Robinson, Soule" Storey, Sturgis, Town, Warden, Webster, Whipple,, Williams, Woodman, President, Arzeno,, Bagg, Bariiard, ]Fi. Bartow, Britain Ammon Brown, Asahel Brown, Burns, Chandler, Choate, Church, Comstock, Conner, 48 Mr. Axford, . Butterfield, Carr, Crouse, Mr. Newberry, Robertson, Skinner, 10 Mr. N. Pierce,, Prevost, Rix Robinson, Skinner, Soule, Storey, Sturgis, Warden,' Webste'r, JOURNAL OF THE CONVENTION Ammon Brown, Asahel Brown, Burns, Butterfield, Church, Hascall, Kingsley, Moore, Mosher, Mowry, YEAS. Desnoyers, Fralick, Gibson, Hanscom, Lovell, Mr. Axford, Mr. Desnoyers, Mr. Newberry, Britain, Fraliek, Orr, Carr, Gibson, J. D. Pierce, Choate, Hanscom, Robertson, Conner, Lovell, President, Cook, 16 The proposition of Mr. Pierce as amended, was then agreed to, and the article recommitted with instructions. Mr. J. D. Pierce, from the committee on Exemptions and the Rights of Married Women, reported back the article bearing that title, amended agreeably to instructions. And the question being "shall the article now passe" The yeas and nays were had, as followvs: YEAS: Mr. Cook, Cornell, Daniels, Desnoyers, Eastman, Eaton, Gale, Gardiner. Gibson, Green, Hanscom, Hart, Harvey, Hascall, Kingsley, Lovell, Mason, NAYS: Mr. Axford, Mr. Crouse, Mr. Orr, Burns, Fralick, Rix Robinson, Carr, Newberry, President, 9 So the article was passed, and under the rule referred to the corn mittee on arrangement and phraseology.. On motion of Mr. Cook, the Convention adjourned. [Ang. 2, 3a-,s White, Whipple, Williams, Woodman, 41 Mr. McClelland, Moore, Morrison, Mosher, Mowry, J. D. Pierce, N. Pierce, Robertson, Soule, Storey, Sturgis, Town, Warden, Webster, White, Williams, Woodman, .52 1850.] TO REVISE THE CONSTITUTION., Lansing, Saturday, August 3, 1850. The Convention was called to order by the President at the usual hour. Prayer by the Rev. Mr. Sanford. Absent on leave, Messrs. Beeson, Alvarado Brown, Chapel, J. Clark, Edmunds, Hathaway, Hixon, Kinne, Lee, O'Brienf Raynale, M. Robinson, Van Valkenburgh, Wait, Walker, i ells, Willard and Witherell, Without leave, Messrs. Backus, Crary, Graham, Marvin, Mason, Redfield, Sutherland, Tiffany and Whittemore. LEAVE OF ABSENCE Was granted to Messrs. Backus, Crary, Graham, Hixon, Mason, Redfield and Tiffany for an indefinite period, and to Mr. Whittemore for the day. RESOLUTIONS. On motion of Mr. Bush, - Resolved, That the committee on printing be requested to instruct the State Printer not to strike off the copies of any form of the debates set up till the Reporter who has reported the same shall have had an opportunity of examining the proof sheet. On motion of Mr. Britain, The vote adopting the foregoing resolution was reconsidered. Mr. Britain moved to amend the resolution by adding thereto " and the committee on printing is discharged from further action upon the subject." On motion of Mr. Alvord, The resolution was indefinitely postponed. SPECIAL ORDER. The article reported by the committee on the punishment of crimes coming up under the resolution of yesterday, and The question being upon ordering it to a third reading, Mr. Fralick moved to indefinitely postpone the article. Mr. Axford moved the previous question, but the call was not sustained. The yeas and nays were ordered on the motion to postpone inlde finitely, and theresult W.as as follows: finitely, and the result was as follows: 339 SOURNAL OF THE CONVENTION [Aug. 3, YEAS. Mr. Conner, Cornell, Danforth, Fralick, Gibson, Green, Hanscom, Hart, Harvey, Hascall, Kingsley, Leach, MrP.P. R. Adams, W. Adams, Axford, Alvord, Anderson, Beardsley, Amrmon Brown, Butterfield, Carr, Chandler, Choate, Cburch, S. Clark, NAYS. Eastman, Eaton, Gale, Lee, Morrison, Mosher, Newberry, Orr, N. Pierce, Mr. Bagg, II. Bartow, Britain, Asahel Brown, Bush, Comstock? Cook, Crouse, Daniels,' Mr. Dimond, So the article was indefinitely postponed. The President announced the following communication: "Mr. J. Coates respectfully resigns his appointment as Reporter to the Convention." And the same was laid upon the table. On motion of Mr. Cook, The article entitled "Finance and Taxation" was taken from the table, and The question being upon concurring in the amendments made in committee of the whole, On motion of Mr. Britain, The substitute for section 1 reported by the committee was amend ed as follows: Strike out in the 2d line "and of the balance of," and insert "the principal and interest of." Also, strike out from lines 3 and 4 "until the 1st day of January 1852," and insert "until the extinguishment of the State debt, other 340 Mr. Love.11, I McClelland, Moore, Mowry, . Roberts, Robertson, E. S. Robinson, Skinner, White, Whipple, Williams, President, 37 Mr. Prevost, Rix Robinson, Soule, Storey, Sturgis, Town, Warden, Webster, Woodman, 28 1850.] TO REVISE THE CONSTITUTION. than the amounts due to the primary school, university and other ed. ucational funds." Mr. Church proposed the following substitute for the one reported by the committee: "All specific taxes, save those received frojn the mining compa nies organized in the Upper Peninsula, shall be applied in paying the interest upon the state indebtedness; and to the payment of said indebtedness (save that in favor of the several educational funds) un til the full extinguishment of said state indebtedness, at which time the said specific taxes shall be added to, and forever constitute a part of, the proceeds of the primary school fund.'" On motion of Mr. Roberts, A call of the Convention was ordered, and Messrs. Arzeno, Barni. ard, J. Bartow, Beardsley, Burns, Desnoyer, Leach, Prevost, and Sturgis were absent without leave. Mr. Bush asked and obtained leave of absence for Mr. Barnard, and Mr. Eaton for Mr. Desnoyers. Mr. J. D. Pierce moved that all further proceedings under the cal be dispensed with. But the motion was lost, and On motion of Mr. Roberts, The Sergeant-at-Arms was despatched for the absentees. The majority of them soon appearing, On motion of Mr. Cook, All further proceedings under the call were dispensed with. Mr. J. Bartow asked and obtained leave of absence for Mr. Sutherland indefinitely. On motion of Mr. Hianscom, The Convention adjourned. Afternoon Session. Two o'clock The Convention was called to order by the President. A quorum of members in attendance. Mr. Beardsley asked and obtained leave of absence for Mr. Burns until Tuesday next. The article, "Finance and Taxation," being under consideration? 341 342 JOURNAL OF THE CONVENTION [Aug. 3, And the question being upon the proposition Mr. Church, offered this morning, Mr. McClelland moved to amend the substitute reported by the committee, by inserting after "taxes" in the 1st line, the words "saye those received from the mining companies in the upper pew ninsula." Which was agreed to, and Mr. Church withdrew his proposition. Mr. Fralick offered the following substitute for the one reported by the committee for section 1: "The Legislature shall provide for an annual tax, sufficient with other sources of income to defray the estimated expenses of the State for each year, including the interest on the debt of the State, and whenever the expenses of any year, including such interest, shall exceed the income, the legislature shall provide for levying a tax the ensuing year, sufficient with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing year, including such interest." But the same was not agreed to. On motion of Mr. Britain, The amendment of the committee was so amended as to strike out but the first subdivision of section 1, and substitute as reported. The amendments of the committee were then severally concurred in. The Article being up for amendment, Mr. Butterfield moved to amend section 11 by striking out the words " of taxation," in the 1st line, and inserting the following: " for the assessment and collection of all taxes." Upon which he asked the yeas and nays, and the motion was lost, as follows: YEAS. Mr. Green, Hart, Harvey, Leach, Moore, Morrison, Orr, Mr. W. Adams, Anderson, H. Bartow, Asahel Brown, Butterfield, Chandler, Gale, Mr. N. Pierce, Sturgis, Webster, White, Williams, WoodmaD,' 20 TO REVISE THE CONSTITUTION. NAYS. Mr. Daniels, Fralick, Gardiner, Gibson, Hanscom, Hascall, Kingsley McClelland, Mosher, Mowry, Mr. P. R. Adams, Mr. Daniels, Mr. Newberry, Axford, Fralick, Prevost, Bagg, G ar diner, Robertson, Beardsley Gi bson, E. S. Robinson, Bush nso, s alRix Robin son, C h oate, Hascall, Storey, Chur ch, Kingsley Town, Conn er, McClell and, W arden, Cook, Mosher, Whipple, Crouse, Mo wry, President, Danforth, 31 Mr. Britain moved to amend the article by adding thereto the fol. lowing additional section: "Every act making an appropriation for purposes not provi. tded for by this constitution, shall contain a provision for the nip. cessary state tax to meet such appropriation, and a statement of the year or years in which said tax is to be levied; and said act shall, befbre it shall take effect, be submitted to the people at a general eltc. tion, or at the annual township meetings, and be approved by a major. ity of all the votes given for and against it at said election or mnnual township meetings." But the motion was not agreed to. And the article was ordered to a third reading. On motion of Mr. J. D. Pierce, The Convention then adjourned. Lansing, 1Ionday, August 5, 1850. The Convention met pursuant to adjournment, and was called to order by the President. Prayer by the Rev. Mr. Tooker. Absent on leave, Messrs. Backus, Beeson, Alvarado Brown, Burns Chapel, J. Clark, Crary, Graham Hathaway, Hixon, Kinne, Ma. son, O'Brien, Raynale, Redfield, M. Robinson, Sutheland, Tiffany, Van Valkenburgh, Wait, Wells,'Willard and Witherell; without leave, Messrs. J. Bartow, S. Clark, Cook, Desnoyers, Dimond, Edmunds, Marvin, Moore, Sullivan and Webster. 343 l50.1, JOURNAL OF THE CONVENTION [Aug, 5, LEAVE OF ABSENCE Was granted to Messrs. Moore, Sullivan, Dimond, S. Clark, JBartow and Cook, for an indefinite period. RESOLUTIONS. Mr. McClelland offered the following, which waylaid upon the ta ble. Resolved, That this Convention will adjourn, sine die, on Monday the 19th inst. Mr. Whittemore moved to recommit the article on elections to committee with which it originated, with instructions to strike out of section 1, the words "and also every white male inhabitant who shall have resided in the state two years and a half, and declared his intention to become a citizen of the United States," and that the article be reported back as amended forthwith. Mr. Leach moved to amend the proposition by striking out therefrom the word "white." Which was lost by the yeas and nays as follows: YEAS. Mr. H. Bartow, Asabel Brown, Chandler, Comstock, Daniels, NAYS. Mr. Crouse, Danforth, Eastman, Eaton, Fralick, Gardiner, Gibson, Hanscom, Hart, Hascall, Kingsley, McClelland, McLeod, Morrison, Mosher, Mr. Fralick moved to amend so as to instruct the committee to strike out section 1, and substitute in lieu thereofas follows: 344 Mr. Green, Harvey, -Leach, Lovell, Mr. Orr, N. Pierce, Prevos Williams, 13 Mr. P. R. Adams, W. Adams, Alvord, Anderson, Arzeno, Bagg, Barnard, Beardsley, Britain, Ammon Brown, Btitterfield, Carr, Choate,, Church, Conner, Coriiell., Mr. Newberry, J. D. Pierce, Roberts, Robertson, E.. S. Robinson, Rix RobinSOD, Skinner, Soule, Story, Town, Walker, Warden, Wb,ittemore, Woodman, President, 46 1850.] TO REVISE THIE CONSTITUTION. 'In all elections, every white male citizen above the age of twen. ty-one years, having resided in the State six months next preceding an election, shall be entitled to vote at such election; and every white male inhabitant who was permitted to vote under the provisions of the previous constitution of this State, and their male descendants of the age aforesaid, having resided in the State six months next preceding an election, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be entitled to vote except in the township or ward of which he is an actual resident, and in which he has resided for ten days next preceding the day of election." Which was disagreed to by the following vote: YEAS. Mr. P. R. Adams, Ammon Brown, Church, Fralick, Mr. Prevost, Rix Robinson, Town, Mr. McLeod, Mowry, Newberry, NAYS. Cornell, Crouse, Danforth, Daniels, Eaton, Gardiner, Gibson, Green, Hanscom, Hart, Harvey, Hascall, Leach, Lee, McClelland, 46 was then rejected by yeas Mr. WN. Adams, Alvord, Anderson, Arzeno, Bagg, Barnard, H. Bartow,, Beardsley, Britain, Asahel Brown, Butterfield, Carr, Chandler, Choate, Comstock, Conner, The proposition of and nays as follows: YEAS. Gardiner, Hanscom, Hart, Hascall, Kingsley, McClelland, NAYS. Comstock, Mr. 44 345 10 Mr. Morrison, Mosher, Orr, N. Pierce, J. D. Pierce, Robertson, E. S. Robinson, Skinner, Soule, Walker Warden, Whittemore, Williams, Woodman, President, Mr. P. R. Adams, Ammon Brown, Butterfield, Danforth, Eastman, Fralick, Mr. McLeod, Newberry, Skinner, Storey, Town, Whittemore, IS Mr. W. Adams, Mr. Mosher, 346 JOURNAL OF TIlE CO()NVENTION [Aug. 5, Alvord, Anderson, Arzeno, Bagg, Barnard, H. Bartow, Beardsley, Britain, Asahel Brown, Carr, Chandler, Choate, Church, Orr,, J. D. Pierce, N. Pierce, Prevost, Robertson, E. S. Robinson, Soule, Walker, Warden, Williams, Woodman, Plidesident, Mr. Daniels proposed the following: Resolved, That no member shall occupy mnore in speaking at any one time, either in convention or committee of the whole, from and after this date, except b[ leave of the conven tionr or committee. adopted by a two-thirds vote YEAS. Mr. Comstock, Mr. Conner, Cornell, Crouse, Daniels, Eaton, Fralick, Gale, Gibson, Green, Hanscom, Hart, Harvey, Hascall, Kingsley. Leach, Lee, Mr. P. R. Adams, W. Adams, Anderson, Arzeno, Bagg, Barnard, H. Bartow, Beardsley, Britain, Ammon Brown, Asahel Brown, Bush, Butterfield, Carr, Chandler, Choate, Church, Lovell, McClelland, Morrison, Mosher, Mowry, Newberry, J. D. Pierce, Prevost, Rix Robinson, Skinner, Soule, Town, I Walker,, Warden, Whittemore, Williams, Woodman, NAYS. Mr. Orr, N. Pierce, On motion of Mr. Green, Resolved, That the committee on phraseology be instructed to in ,quire into the propriety of so altering the phraseology in the Article Conner, Cornell, Crouse Daniels, EatOD, Cxale, GibsOD, Green, Harvey, Leach, Lee, Lovell, MorriSOD, 41 taii five minutes ,-Nlr. Alvo.,rd, McLeod, Mr. RobertSOD, Presiden4 6 TO REVISE T[IE CONSTITUTION. on Elections, as to make it unnecessary to refer to the constitution of 1835. Mr. Hanscom asked and obtained leave to introduce an article entitled "Judicial Department," which was read the first and second time by its title, referred to the committee of the whole, and ordered print ed. Mr. Whipple, from the committee on the Executive department, to whom was referred the Article entitled "Executive Department," with instructions "to inquire into the expediency of so amending said article as to provide for the election of Speaker of the House of Representatives by the people," reported the same back, deeming such a provision inexpedient. The report was accepted, the committee discharged, and The report was agreed to by the following vote: YEAS. Mr. Choate, Church, J. Clark, Comstock, Conner, . Crouse, Danforth, Daniels, Eastman, Fralick, Gibson, NAYS. Mr. Hart, I Hascall, Kingsley, Leach, Lee, Newberry, Orr, Mr. Eastman called up his motion to reconsider the vote by which the article entitled "County Officers and County Government" was passed. And the motion to reconsider was lost, by yeas and nays, as follows: YEAS. Mr. W. Adams, Mr. Fraick, Mr. Mosher, Arzeno, Gale, Storey, H. Bartow, Green, Whipple, 185f).] 347 'iIr. P. R. Adams, Alvord, Anderson, Arzeno, Barnard, H. Bartow, Ammon Brown, Bush, Butterfield, . Carr, Chandler,. Mr. Hanscom, flarvey, Mowry, N. Pierce, E. S. Robiiiso Rix Robinson, ,Skinner, Soule, Walker, Whipple, President, - 33 .ALIR. Bagg,' Britain, Asabel Brown, Eaton,. Gale, Gardiner, Green, Mr. Roberts, Robertsoia, Storey, Warden, Williams, Woodman, 20 348 JOURNAL OF THE CONVENTION [Aug. 5, Asahel Brown, Bush, Eastman, Leach, Lovell, McLeod, NAYS. Corn ell, Crouse, Danforth, Daniels, Eaton, Gardiner, Gibson, Hart, Harvey, Hascall, Kingsley, McClelland, CMorrison, Mowry, Newberry, Mr. P. R. Adams. Mr. Cornell, Mr. Orr, Anderson, Crouse. D. Pierce, Axford, eanfortie N. Pierce, Bagg, Daniels, Prevost, Barnard, Eaton, Roberts, Beardsley, Sardines Robertson, Britain, Gibson, E. S. Robinson, Ammon Brown, Hart, Skinner, Butterfield, Harvey, Soule, Carr, Hascall, Sturges, Chandler Kingsley, Town, Choate, McClelland, Walker, Church, Morrison, Warden, J. Clark, Mowry, Whittemore, Comstock, Newberry Woodman, Conner, 4 6) The article entitled "Executive Department" coming up, and the question being, shall the article now pass? The yeas and nays were ordered, and the vote was as follows: YEAS: Mr. Conner, Cornell, Crouse, Danforth, Daniels, Eaton, Fralick, Gale, Gardiner, Gibson, Green,. Hart, Harvey, Hascall,. Kingsley, Leach, Lee, Lovell, McClelland, Morrison, NAYS: Mr. McLeod Roberts, Storey, C tr. P. R. Adams, W. Adams, Anderson, ArzIerio, Axford, Bagg, Barnard, H. Bartow, Beardsley, Britain, Ammon Brown, Asahel BroWn, Bush, Butterfield, Carr, Chandler, Choate, Church, J./ Clark, Comstock, Williams, President, 17 Mr. Mosher, Mowry, Ne.wberrv, Orr, J. D. Pierce, N. Pierce, Prevost, Robertson, E. S. Robinsoii, Rix Robinson,, Skinner, Soule, Sturit,, Town, Walker, WardeD, Whittemore, Williams,' woodMaD, .59 Mr. Alvordi' Eastman, Hanscom, Mr. Whipple, President, El c 1850.] TO REVISE THE CONSTITUTION. So the article was passed, and under the rule referred to the corn mittee on arrangement and phraseology. The article "Of Elections" coming up on its passage with the res olution accompanying the same, A division of the question was had, And the article was passed by the following vote: YEAS. Mr. Choate, Church, Conner, Cornell, Crouse, Danforth, Dimond, Eaton, Gibson, Hascall, Kingsley, Leach, McClelland, Mr. P. R. Adams, W. Adams, Alvord, Anlderson, Arzeno, Bagg, Barnard, H. Bartow, Beardsley, Britain, Asahel Brown, Bush, Butterfield, Carr, NAYS. Mr. A.. ford, Ammon Brown, Chandler, Comstock, Fralick, T Gale, Gardiner, Green, Hanscom,. Mr. Roberts, Rix Robinson, .Skinner, Storey, .own, Whipple, Whittemotre, WoodmarA, then passed, by yeas and na YEAS: Mr. Crouse, Mr. Danforth, Daniels, Eaton, Fralick, Gale, Gardiner, Gibson, Green, Hart, Harvey, B-sahscall, 349 Mr. Morrison, Mosher, Orr, J-. D. Pierce, I N. Pierce, Robertsoi), E. S. Robinson, Soule, I SEurgis, Walker, WardeD, Williams, 1'resideiit, 40 ,Air. Hart, Harvey, Leach, Lovell, lvlcl,eod, Mowry, Newberry, Prevost, 25 ,-Ir. P. R. Adams, W. Adams, Alvord, AndersOD, Arzeno, Barnard, H. Bartow, Beardsley, Britain, At-nmon Brown, Asahel Brown, Bush,. Mosher, Mowry, Orr, J. D. Pierce, N. Pierce, Prevost Robertson, Rix Robinson, ,Skinnr, Soule, Sturgis, Town, JOURNAL OF THE CONVENTION [Aug. 5, Kingsley, Leach, Lee, Lovell, McClelland, Morrison, NAYS. Mr. J. Clark, Hanscom, McLeod, Newberry, And the article and resolution were, under the rule, referred to the committee on arrangement and phraseology. The article entitled "Finance and Taxation" coming up for a thir(i reading, Mr. Fralick moved to pass the same over for the day. Which was not agreed to. The article was then read the third time, when Mr. Bagg moved to recommit the same to the committee on finance and taxation with instructions to strike from section 11 the words, "except upon property paying specific taxes." The President called Mr. Bush to the chair. Mr. Goodwin moved the following addition to the instructions proposed by Mr. Bagg: And also to add to section 1 the following: "But the legislature may provide that when any private corporations are or shall be, in consideration of specific taxes, exempt by their charters from all other taxation, the counties, towns, cities or villages, within which such corporation may hold property which would be taxable if held by other persons, shall be entitled to an equitable proportion of such specific taxes for local purposes." Which he subsequently withdrew. When, after some debate, Mr. Bagg withdrew his motion to recommit. And the question being, "shall the article pass I" The yeas and nays were taken, with the following result: YEAS. Mr. P.R. Adams, W., Adams, Atvord, Mr. Daniels, Eaton, Gardiner, s 9'50 ,Chandler, Choate, Church, Comstock, Conner, Cornell, Walker, Warden, Whittemore, Williani.s, Woodirian, President, 54 Mr, Axford, Bagg, Butterfield, Carr,. Mr. Roberts, I E. S. Robinso Storey, Whipl)le, 15 Mr. J. D. Pierce, N. Pierce, - Prevost,' 1850.] TO REVISE THE CONSTITUTION. Anderson, Arzeno, Barnard, H. Bartow, Beardsley, Britain, Ammon Brown, Asahel Brown, Bush, Chandler, Church, Conner, Crouse, Danforth, NAYS. Mr. Bagg, Mr. Cornell, Mr. Lee, Butterfield, Fralickl McLeod, Carr, Gale, Storey, Choate, Gibson, President, 12 So the article was passed, and under the rule, referred to the cormittee on arrangement and phraseology. The President took the chair. On motion of Mr. Robertson, The article entitled State Officers was taken fi'om the table. The question being on recommitti,,ng with instructions, as proposed by Mr. Storey on the 24th ult., Mr. Woodman moved to amend by f' rther instructing the cornmmttee so to amend the article that the Attorney General shall not be required to keep his office at the seat of government. But the motion did not prevail. A division of the question was had. The motion to reconsider the article was lost. Upon the question, shall' the article now passe The vote, by yeas and nays, stood as follows: YEAS: Mr. P. R. Adams, Mr. Crouse, Mr. Newberry, W. Adams, Danforth, Orr, Arzeno, Daniels, J. D. Pierce, Bagg, Eastman, N. Pierce, Barnard, Eaton, Prevost, H. Bartow, Gale, Robertson, Beardsley, Green, E.S. Robinsn, Britain, Harvey, Rix Robinson, 351, Green, Ha.riscoin, Hart, Harvey, Hascall, Kiiigsley, Lovell, iAleClellarid, Morrison, M osher, Mowry, Newberry, Orr, Robertson, E. S. Robinsoti, Rix Robinson, Skinner, Soule, Sturgis, Town, Walker, Ward e n, - Whipple, Whittemore, Williams, Woodman, 49 352 JOURNAL OF THE CONVENTION [Aug. 5, Ammon Brown, Asahel Brown, Bush, Carr, Chandler, Choate, Church, Comstock, Conner, NAYS: Mr. Hanscom, McLeod, So the article was passed, and under the rule, referred to the con)Inittee on arrangement and phraseology. On motion of Mr. Storey, The Convention resolved itself into committee of the whole on the general order, Mr. Whipple in the chair. PROCEEDINGS IN COMMITTEE. The committee took up for consideration the resolation relative to the sale of ardent spirits. Mr. Eaton moved to strike out the first branch of the resolution. Pending which, On motion of Mr. Willaims, The committee rose and reported the res()lutioin back to the Conveintion without amendment. 'The committee through their chairman reported back the resolotion to the Convention without amendment. MAr. J. D. Pierce moved the Convention adjourn. But the motion waslost. Mr. Eaton moved to strike out the first b)ranch of the resolution. The previous question being moved, It was demanded. And the main question was ordered to be now put. The amendment proposed by Mr. Eaton was then rejected, by yeas and nays, as follows: Hascall, KiDgsley, Lee, Lovell, McClelland, iAlorriSOD, Mosher, -Mowry, Town, Walker, Warden, Whipple,. Whittemore, Williams, Woodman, President, 49 Mr. Fralick, Gardiner, GibsOD, Ir. Skinner,, Storey, 7 Choate, Gibson, Storey, Church, Green, Walker, Comstock, Harvey, Whipple, Conner, Ilascall, Presidenit. 33 Mr. Bagg moved a call of the Convention. But the call was not sustained. Mr. Britain moved to adjourn: which was lost Mr. Gale moved a call of the Convention. Which was not agreed to. Mr. Eaton moved to adjourn. But the miotion was lost. The question being on ordering the resolution to a third reading The result was as follows: YEAS: Mr. Eastmarn, Fralick, G'drdiner, (dGibson, Harvey, CHascall, Mosher, J. D. Pierce,. N. Pierce, Mr. Alvord, Arzeno, Ammon Brown, Butterfield, Choate, Church, Comstock, Cornell, Crouse, ' Danliels, NAYS: Mr. Danforth, Eaton. Mr. Robertson, E. S. Robinson, Rix Robinson, Skinner, Soule, Town, Walker, Whipple, President; 28 Mr. P. R. Adams, W. Adaa-ls, 45 Mr,. Mowry,, Ne,wbegry, JOURNAL OF THE CONVENTION [Aug. 5, Anderson, Bagg, Barnard, H. Bartow, Beardsley, Asahel Brown, Carr, Chandler, Conner, So the Convention refused to order the resolution to a third reading On motion of Mr. J. D. Pierce, The Convention adjourned. Afternoon Session. Two o'clock. : The President called the Convention to order. A quorum of members in attendance. Mr. Storey offered the following: Resolved, That the resolution adopted by the Convention on the 4th day of June last, by which-the Governor of the State was invited to take a seat within the bar of the Convention during its sittings, be and the same is hereby rescinded. Mr. Hanscom moved to indefinitely postpone the resolution; when: On motion of Mr. McClelland, It was laid upon the table. On motion of Mr. Whipple, The Convention was resolved into a committee of the whole on the general order, Mr. Hanscom in the chair. Without action the committee rose. Mr. Church, from the committee on the judiciary, reported back the article entitled Judicial Department, with sundry amendments thereto. The article was laid upon the table and ordered printed. On motion of Mr. Robertson, Resolved, That each article of this constitution, as passed and referred to the committee on arrangement and phraseology, be printed for the use of this Convention; and Resolved, That said committee be and they are hereby instructed 954 Gale, Green, Hanscom, I Hart, Kingsley, Lee, Love]], McClelland, Morrison, Orr, Prevost, Storey, Sturgii, Warden, W hittemore,I Williams, WoodMaD, 2 185o0] TO REVISE TlIE CONSTITUTION. to prepare a fair copy of each article, as amended by them, and pro (cure the same to be printed before making their report Mr. Walker called up the article entitled "Education,", and the question being upon concurring in the amendments made in commit tee of the whole, The amendment to section one was concurred in. Mr. Green moved to amend'the original section by striking out all to-and inclusive of "respectively,".in the 6th line, andsubstituting as follows: ."Each of the cities and townships of this state shall, in "the year , and in each and every year thereafter, raise by tax upon the real and personal estate in such cities and townships respectively, a sum equal to for each and every person residing in such cities and townships between the ages of 4and 18 years, as shall ap pear by the returns of the school districts therein; which sum. to gether with the money apportioned to each of such cities and townships from the interest of the primary school fund, shall be apportion ed pro rata among the several school districts therein according to ,the number of persons between the ages of 4 and 18 years residing in each, as shall appear by the last annual reports of such districts, to be used by them in payment of teachers' wages therein. The amount so to be raised may be increased or diminished by the legis'lature as they may deem right and proper; but such increase or dimimution shallncotexceed cents per scholar, as above named, at'any one session of the'legislature;" But the amendment was not agreed to. Mr. Leach moved to amend the substitute reported by the commit. tee by striking out Of hines three and four the words "not exceeding ,two mills upon the dollar." Which was.not agreed to. Mr. Gale otfered the following as a substitute for the one reported 4y the committee: "The legislature shall establish and provide fo r a system of primary schools within five years from the adoption of this constitution, in which the instruction shall be conducted in the English language; and as nearly free to all scholars residing in the several districts as may be deemed practicabl-a." 355 I JO,Ut AL OF TlHE CONVENTION [Aug. 5-, Mr. Leach' moved'to a,mend by striking out "five" and inserting 'two." Which was lost. The' proposition of Mr. (Gale was disagreed to. Mr. Hanscom offered the foliowing substitute for the one proposed by the committee: 'I"The Legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools by which such schools shall be kept free and without charge for tuition, for at least three months in each year, in each school district within the State." Mr. Woodman moved to strike out' 3 months,?" and insert "4 months;" also, strike out *5 years," and insert "3 years." A division was had, and the first branch of the amendment w as lost was also disagreed to by yeas and nays, aThe second proposition as-fol~lo~ws: YEAS: Mr. Daniels, Eastman, Gale, Green, Hatt, Leach, Lee, Lovell, Mowry, Orr, NAYS: Mrg. P. ER Adams, Mr. Danforth, Mr. Arzeno, Eaton, Axford, Fralick, Britain, Gardiner, .Ammon Brown, Gibson, Asahel Brown, Hanscom, Butterfield, Harvey, Calr, Hascall, Church, Kingsley, Comstock, McClelland, Crouse, McLeod, The substitute offered by Mr. Hanscom was net 386 M,r,. W. Adams, Alv'ord, . Andersori,I I Bagg, Barnard, . H. Bartow, . Bea,rdsley,i Chandler, Choate, Conner, Cornell, Mr. J. D. Pierce, Robet-tst)n, Skitiner, Soule, Stijrgi-,, Walker, Warden, Webster, Wilii,,Im,,, Woodi-nan, 31 iMorrison, Newberry, N. Pierce, Prevost, Roberts, IF,. S. R'ObinsG Rix Robinspn, Storey, Town, P,e,iden-t-, 32 ~tS~0,i TO REV-ISE THE -CONSTITUtTIGN. 17 Mr. iBagg offered the following as a substitute, which was rejet ed: "The Legislature shall establish a uniform system of free,p.-imary schools throughout this Sta.e, by levying a State:tax upon the taxable property of this State." The substitute reported by the committee of the whole (for section 8) was then concurred in. The amendment made to section 9 being under consideration, Mr. Williams proposed to add thereto: "The said school and farm shall be under the superintendence of the Regents of the University, who may locate the same on any of the University land which they may appropriate for that purpose, not exceeding 640 acres, or on any land donated for the purpose; and it shall be a branch of the University for instruction in agriculture and the natural sciences connected therewith." But his amendment did not prevail. Mr. Warden moved to amend the amendment made in committee by striking out "and farm," wheresoever it occurs. But the amendment was not agreed to. Mr. M,Clelland moved to amend by inserting after "and," where i; first occurs, the words, "it shall be competent for the legislature to appropriate;" and also to strike out "set apart,"' in the 6th line of the section as amended. And the amendment prevailed. And the amendments of the committee were severally.concurred 'n. Mr. Soule proposed the following new section, to come in between sections 3 and 4: "Any school district neglecting to keep up and suppQrt a school .fr three months in each year shall be deprived of its proportion of the income of the primary school fund, and ofall funds arisi.ng.from tax for the support of schools." And the same was adopted. Mr. Woodmon moved to-amend sec. 1l, by striking out in the 9th line,,the words "at least." But the Convention refused to strike out. JOURNAL OF THE CONVENTION [Aug. 5, Mr. Whipple offered the following substitute for section 4 of, the Article: "There shall be appointed by the Governor, by and with the concurrence of both branches of the Legislature in joint convention assembled, in the year 1852, eight Regents of the University; two for the term of eight years, two for the term. of six years, two for the term of four years, and two for the term of two years; and at each subsequent election two Regents shall be elected in the manner afore. said, who shall hold their office for the term of eight years." And the same was agreed to by yeas and nays, as follows: YEAS. Mr. P. R. Adams, Mr. Church, Mr. Mowry,, W. Adams, Conner, Newberry, Alvord, Cornell, Orr, Anderson,. Crouse, Roobertson, Arzeiio, Gale, Rix Robinson, Axford, Hanscom,. Sto'ey, H. Bartow, Hart, WVebster, Britain, HIascall, Whi l)ple, Ainmon Brown,.. McClelland, Williams, Choate, Morrisonri, Woo,dmtan, 38? NAYSo Mr. Bagg, Mr. Eaton, Mr. losher, Barnard, Fralick, N. Pierce, Asahel Brown, Gibson,. Prevost, Butsh, Green, Skinner, Butterfield, Harvey, Soule, Carr, Kingsley, Town, Chandler, Leach,. Walker,. Comstock, Lee, Warden, Daniels, Lovell, President, Eastman,. 28 Mr. Whipple submitted the following, to stand as (a new) section 5, and the same was agreed to: "'The Regents elected pursuant to the provisions of the forego. ing section, and their successors in office, shall continue to constitute the body corporate, known by the name and: style of "the Regents of the University of Michigan." Mr. Britain moved to amend section 11 by addnig after "farm," irt the 8th line, the words, "until otherwise appropriated by law'" Which was agreed to. On motion of Mr. Williams, 358 0 TO REVISE THE CONSTITUTION. Section 10 was amended by. inserting after "farm," in 6th line, "and it shall be conmp.tent for the legislature to make the same a branch of the University for instruction in agriculture and the natural sciences connected therewvith, and place the same under the supervision ol the Regents of the University." On motion of Mr. Woodman, The Convention adjourned. Lansing, Tuesday, August 6, 1850. The Convention met at the usual hour and was called to order by the President. No clergyman in attendance. Roll called. Absent on leave, Messrs. Backus, J. Bartow, Alvarado Brown, Burns, Chapel, S. Clark, Cook, Crary, Desnoyers, Diinond, Edmunds, Graham, Hathaway, Hixon, Kinne, Marvin, Mason, Moore, O'Brien, Raynale, Redfield, M. Robinson, Sullivan, Sutherland, Tiffany, Wells, Willard and Witherell. Without leave, Messrs. Van Valkenburgh and White. LEAVE OF ABSENCE. Mr. Hart asked and obtained leave of absence for Mr. White for an indefinite period. Mr. Whittemore for Mr. Van Valkenburgh for the day. PETITIONS. By Mr. Fralick: of Riley Stilwell and thirty-five other citizens of Plymouth, Wayne county, praying that a clause may be inserted in the organic law of this State whereby any convict who may be sentenced to the State Penitentiary, for any term of years not during life, may have the privilege to choose any profession or trade he may think proper; so that the learned professions may share equally in all the benefits resulting from the system of prison labor. Referred to the committee on the judicial department. Mr. Hanscom announced the receipt by the Secretary of a comaniunication from the Postmaster of Lansing, by which it appeared t,he postage of the Convention amounted to $501 97. Laid on the table. 1850.1 359 JOUR'NAL OF THEC ENTION [Aug.'6, IMOTIONS AND RESOLUTIONS. "Mr. McClelland called up his resolution of yesterday, relative to an adjournment, and modified the same by inserting ""ThurSday, the 15th inst." And the resolution as modified was adopted. On motion of Mr. J. D. Picrce, Resolved, That the committee on miscellaneous provistions be intructed to inquire into the expediency of incorporating a provision i\ the constitution to promote the early sale and settlement of the unappropriated public lands now held by the United States, exempt from taxation within this State; the Legislature shall be authorized to take all necessary and proper steps to procure the conveyandc of said lands to the State whenever they can be obtained on just and advantageous terms; and whatever sum, if any, shall.:be realized from the sales of the lands so acquired, after repaying to the State thetamount of all advances made on account of the purchase, managemernt, sale and settlement of the same, together with interest thereon, shall constitute a permanent fund for the benefit of education, and the support of such deaf and dumb and blind and insale persons as have not the means of supporting themselves. The Convention having reached the order of UNFINISHED BUSINESS, Resumed the consideration of the article entitled "Education." Mr. Skinner moved to amend the article by adding at the end of sec. 8: "and tuition shall be free and without charge in said institu. tion." Which was lost. Mr. Cornell proposed the following: Resolved, That the article be recommitted to the committee oil -',ducation, with instructions to strike out section 3, and.insert -as f6llows: "The Legislature shall, as soon as practicable, establish a systemr of primary schools, the tuition of which shall be free, throughout 'the State, and provide for their support." A division of the question was had. And on the motion first to recommit, the yeas and nays were had, and the motion prevailed, as follows: ,3(;o 1850.] TO REVISE THE GONSTITUTION. YEAS. Mr. Daniels, Eaton, Fralick, Gale, Gardiner, Gibson, Green. C rHanscom, Hart, rKingsley, Leach, Lee, Lovell, A cClelland, McLeod, NAYS. Mr. P.R. Adams, Mr. Beeson, Mr. Robertson, W. Adams, Britain, Soule, Alvord, Comstock, Warden, Anderson, Harvey, Webster, Barnard, Mowry, Williams, H. Bartow, N. Pierce, Woodmain, i Mr. Walker moved to amend the proposed instructions by inserting after "State" therein, the words "by which such schools shall be kept in each and every school district, for at least three months in each year." tent was lost by the following v YEAS: Mr. Leach, Mr. Morrison, Mowry, J.D. Pierce, N. Pierce, Robertson, 'Rix Robinson, Skinner, Ir. P. R. Adam-, W. Adams, Alvord, Anderson, Arze no, Barnard, Beeson, J. Clark, Eaton, NAYS. Mr. (Cornell, ,Crouse, Danforth, Daniels, AFralick, Gale, 36-t11 Mr. Arzeno, Axfurd, Ba-ag, Amrnon Brown, Asahel'Brown, Bush, Carr, Chandler, Choate, C h u"rc h, J. Clark, Conner, I Cornell, Crouse, Danforth, Mr. Morrison, Mosher, Newberr, Y, Orr, J. D. Pierce, Prevost, E. S. 'Robiiiso Rix Robin-soii, Skiniier, Storey, ,Stur'gis, Tolwti, W hipple-11 Whittemore, President, -4f Stu rgis, TownI I Wait, Walker, Warden, - Webster, Williams, Woodman, 25 'Mr. - Axford, i Bagg, H. B artow, Beardsley, ,Ammon,Bro,wn, Asa.el Brown., Mr. Kin,gsl-ey, - Lovell, McClelland, 'Mosher, , Newbeirry,. . Orr, 46 3$62' JOURNAL OF THE CONVENTION Bush, Gardiner, Prevost, Carr, Gibson, Roberts, Chandler, Green, E. S Robinsoin, Choate, Hanscom, Soule, Church, Hart, Storey, Comstockl, Harvey, Whittemore, Conner, Hascall, President, 39 Mr. Woodman moved to amend the instructions by striking out "as soon as practicable," and inserting in lieu thereof "within three years after the adoption of this constitution." Mr. Storey moved to amend the foregoing by striking out "three" and inserting "five." Upon which the yeas and nays were had, and the Convention refused to strike out, as follows: YEAS. Mr. Danforth, Fralick, Gibson, Lee, McLeod, Mowry, ir. Arzeno, Axford, H. Bartow, Ammon Brown, Asahel Brown, Bush, Crouse, NAYS. Mr. Daniels, Eaton, Gale, Gardiner, Green, Hanscom, Hart, Harvey, Hascall, Kingsley, Leach, Lovell, McClelland, Morrison, Mr. W. Adams, Mr. Mosher, Alvorde, Otr, Anderson, Gale, N. Pierce, Bagg, Gardiner, Robertson, Barnard, Green, Rix Robinson, Beardsley, H anscom, Skinner, Beeso n Hart, Soule, Britain, Harvey, Town, Chandler, Hascall, Wait, Choaute, Kigsleyd Warden, Church, Leach, Webster, J. Clark, Lovell, Whipple, Comstock, McClelland, Wthittemore, Conner, Morrison, Williams, Cornell, 4; The amendment proposed by Mr. Woodman was then rejected. Mr. J. D. Pierce moved to amend by striking out the words "as soon as practicable." But the Convention refused to strike out. Upon instructing, as preposed by Mr. Cornell, the yeas and nays were ordered, and the result was as follows: [Aing. 6, Mr. Newberry, Prevost, E. S. Robinsor),, Storey, Sturgis, President, 19 1850.]- TO, REVISE THE, CONSTITUTION. YEAS. Mr. P. R. Adams, Mr. Comstock, Mr. McClelland, Arzeno, Conrner, McLeod, Axford, Cornell, Morrison, B-gg, Cro u e, Moshier, Beard-ley, Dantbi rth, Mowry, Beeson, Da,Jieis, Newberry, Amimon Brown, Fralick, Orr, Asahel Brown, Gale, Prevost, Bush, Gibson, E. S. Robinson, Butterfield, Green, Rix Robinson, Carr, Hanscom, Storey, Chandler, Hirt, Town, Ohoate, Hascall, Whipple, Church, K;ingsley, Whittemore, J. Ciaik, Lee, President, 45 NAYSo Mr. W. Adams, Mr. Harvey, Mr. Sturgis, Alvord, Leach, Wait, Anderson, J. D). Pierce, Walker, Barnard, N. Pierce, Warden, H. Bartow, Roberts, Webster, Britain, Robertson, Williams, Eaton, Skintinner, Woodman, Gardiner, Soule, 23 So the article was recommitted with the instructions as proposed. By unanimous consent of the Convention, the section proposed by Mr. Whipple, yesterday, and adopted, was amended by striking out "1852," and inserting "1851."' O)n motion of Mr. Fralick, Thie Article entitled "Township Officers and Government," was taken from the table. And the question being upon concurring in the amendments made in committee, Mr. Woodman moved to amend the substitute reported for section 1, by striking out "four," before "constables," and insertino "two.' But the amendment was lost. Mr, Woodman moved to amend the same by striking out before "school inspector," the word "one," and inserting "two." But the committee refused to strike out. Mr. Gale moved to amend by ins.erting after "school inspector," 3613 JOURNAL OF THE CONVENTION [Aug.,6, the words "two highway commissioners, and one overseer of the poor." But the amenadment was not agreed to. Mr. Gale moved to amend by striking out "four," where it occurred relative to justices of the peace, and inserting "one." Mr. Cornell moved to amend by inserting "three." A division w,as had, and, The motion to strike out was lost. Mr. Cornell moved to strike out "not exceeding four constables.'" But the amendment did not prevail. Mr. Woodmrnan moved to amend by inserting after "township clerk," the words "who shall be ex-officio school inspector." And the same prevailed by yeas and nays, as follows: YEAS. Mr. E. S. Robinson, Rix Robinson, Soule, Wait, Wvebster, Whlipplye, W.~hittemore, Williarns, Woodman, President, Mr. Eaton, Gatdiner, Hart, Kingsley, MeClelland, Mosher, Mowry, Newberry, N. Pierce, Prevost, Roberts, NAYS. Mr. Conner, C rouse, Danforth, Fralick, Gale, Gibson, Green, Hianscom, Harvey, Mr. Fralick offered the following as a ported by the committee: "All city, town and village officers, whose election or appointment is not provided for by this constitiition, shall be elected by the electorsof such cities, towns, and villages, and of some division thereof, or appointed by such authorities thereof as the Legislature shall desig ,;.16-4 Mr. Arzeno, Bac,g, 0 Bartiard, H. Bartow, Beeson, Britain, I Carr, C h u re,l), Corri-itock, CorDell, D,aniels, 32 td,r. W. Adams, Anderson, Axford, Ammon Brown, .Asahel Bro.wn, Bu,-,h, Chandler, Choate, J. Clark, ftascall, Leacb, Robertson, Skinner, Sturgis, Town, Walker, Warden, 26 substitute for the one re TO REVISE THE CONSTITUTION: nate for that purpose, All other officers whose election or appointmnent is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the peopie, or appointed, as the Legislature may direct." Which was not agreed to. Mr. Newberry moved to amend th'e substitute reported by the committee by inserting after "schooliinspectolr,," the words "one highway commissioner." Which was lost. MIr. Cornell moved to amend by striking out "four," whiere it occurs relative to justices of the peace, and insert "two." But the Convention refused to strike out. Mr. Gale moived to strike out "one township treasurer." Which was not agreed to. The substitute proposed by the committee was then concurred in. The second amendment made in committee, being a new sections to the article, was also concurred in. The third amendment being under consideration, Mr. Britain moved to amend the same by inserting in the addition — al section proposed, after the word "left," as follows: "shall consist of one or more full United States surveyed townships, and." And the amendmnent was agreed to. Mr. Ar,zeno moved to add to the section proposed by the committee as follows: "Provided, That no township in any county that shall have been organized for the term of twenty years previous to the adoption of this constitution, shall be divided without the consent of a majority of the votes thereof, expressed in a manner to be provided by law." On motion of Mr. Cornell, "Twenty" was stricken out and "twelve" inserted. And the amendment as amended was agreed to. The question being, upon concurring in the section as amended, the yeas and nays were had thereon, with the following result: YE \S, Mr. Chandler,. Choa,e, Coriner,. 1850-.]; 30.5.f M i2 r., M Cl'elland, New,berry, Rlobertson,, Mr. W. Adams, Ai)derson., Ar,zeno, JOURNAL OF THE CONiVENTION [Aug. 6., Bagg, Beeson, Britain, Asahel Brown, Butterfield, NAYS. Mr. Gale, Mr. Prevost, Gibson, E. S. Robinsor, Hanscom, Rix Robinson, Hlart, Skiiiner, Harvey, Soule, Lee, Storey, Lovell], Sturgis, Morrison, Wait, Mosher, \Walker, Mowry,' arden, Orr, Webster, J. D Pierce, VVhittemore, N. Pierce, President, 39 rted by the committee, as amended, was not Mr. P. R. Adams, Mr. Gale, Mr. Prevo-t, Alvord, Gi bson, E. S. obinsor Barn a rd, H anscom, Rix Robinson, II. Bartow, Hart, Siof Her, Beardsley, Harvey, S)ule, Arnmoon B row tn, Bush, Love]]. Sturgis Carr, Morrison, Wiit, Church, Mosher, Walker, Comstock, Mowry, ot a rd on, Crouse, Orr, Wbster, Daniels, J. D Pierce, VVhittemore, Fralicik, N. Pierce, President, 31 So the section reported by the committee, as amended, was noniconcurred in. The article was then ordered to a third reading. On motion of Mr. Hart, Four members were directed to be added to the committee on the schedule. On motion of Mr. Britain, The communication of Mr. J. Coates, tendering his resignation, was taken from the table. Mr. Britain moved that Mr. Coates have leave to withdraw his con)municatiion. And leave was granted. On motion of Mr. Crouse, The Convention adjourned. Afternoon Session. Two o'cloc4k. The President called the Convention to order. A quorum of members being in attendance, Mr. Walker from the committee on education, reported back the Article entitled "Education," amended according to instructions. 3 Eaton, Gardiner, Green, Hascal'], Town, - W,hi,pFle, Williams, Woodman, 212 1850.] TO REVISE THE CONSTITUTION. Mr. Crouse moved to amend the article, by striking from the 10th section, all after "improvement," in the 2d line, to and inclusive of the word "farm," in the 8th line. The amendment was negatived by yeas and nays, as follows: YEAS: Mr. Arzeno, Axford, Bagg, Barnard, Ammon Brown, Asahel Brown, Mr. Lee, t ix Robinson, Skinner, Sturgis, Town, Warden, Mr. Choate, Crouse, Eaton, Fralick, Gardiner, Gibson, NAYS: Mr. Green, Hart, Harvey, Hascall, Leach, Lovell, McClelland, McLeod, Morrison, Mosher, Mowry, Newberry, Orr, J. D. Piere, N. Pierce, Mr. Eaton moved the previous question. And the same being demanded, The main question was ordered to be now put. The question being upon ordering the article to a third reading, The yeas and nays were had with the following result: YEAS. Mr. Harvey, Hascall, McClelland, Morrison, Mosher, Mowry, Newberry, Orr, I E. S. Robinson, M r. P. R. Adams, Butterfield, Carr, Chandler, Church, ,Comstock, Conner, Eaton, Fralick, Green, -367 18 Mr. P. R. Adams, W. Adams, Alvord, Anderson, H. Bartow, Beardsley, Beeson, Britain, Butterfield, Carr,, Church, Comstock, Conner, Cornell, Danforth, M..-. Prevost, Robertso.n, E. S. Robinson, Soule,. Storey, VatiValkenb,urg, Wait, Walker, Webster, Whipple, Whitterriore, Williams, Woodman, . President,, 44 Mr. Rix Robinson, Soule, Storey, Sturgis, Town, Van Valkenburg, W hipple, Whittemore, Williams, 28 JOURNAL OF THE CONVENTION [Aug,. 6, NAYS. Mr. W. Adams, Mr. Asahel Brown, Mlr. McLeod, Alvord, Choate, J. D. Pierce, Anderson, Cornell, N. Pierce, Arzeno, Crouse, Prevost,. Axford, Gale, Skinner, Bagg, Gardiner, Wait, Barnard, Gibson, Walker, H. Bartow, Hart, Warden, Beardsley, Kingsley, Webster, Britain, Leach, Woodman, Ammon Brown, Lovell, President, 33 So the article was not ordered to a third reading. Mr. J. D. Pierce moved to reconsider the last vote, and moved to lay the motion upon the table. Which was lost; and The motion to reconsider then prevailed On motion of Mr. J. D. Pierce, The article was laid upon the table. The President presented a petition of I. Follensbee and fifteen others, relative to a provision making it the duty of the Legislature to endeavor to obtain from the United States a cession of certain public lands. Referred to the committee on miscellaneous provisions. On motion of Mr. Morrison, The Convention resolved itself into committee of the whole on the resolution offered by Mr. Moo,e, relative to the appointment of a board of commissioners to revise the rules &c. of the Cou-rts of Record in this State, &c., Mr. McClelland in the chair. PROCEEDINGS IN' COMMITTEE. On motion of Mr. Robertson, All after "resolved" was stricken out. On motion of Mr. Walker, The committee rose and reported the resolution back s amended. The committee reported the resolution back, recommending that all after the resolving clause be stricken out. 368. TO REVISE THE, CONXSTITUTION. On motion of Mr. Whipple, The resolution was laid upon the table. On motion of Mr. Leach, Resolved, That the committee on supplies be instructed to report to the Convention to-morrow the amount and kind of stationery purchased for the use of the Convention, and the price paid for the same. The Chair announced the following additional members to the committee on the schedule: Messrs. McClelland, Whipple, Williams and Whittemore. Mr. Beardsley moved to reconsider the vote by which the Conven-, tion refused to order to a third reading the resolutions reported by the select committee on the license laws. Mr. Bagg moved a call of the House. But the call was not sustained. The motion to reconsider was lost, by yeas and nays, as follows: YEAS. Mr. Fralick, Gardiner, Gibson, Green, Hart, Hascall. Kingsley, J. D. Pierce, M hr., P. R. Adams Alvord, Beardsley, Beeson, Britain, rAmmon Brown, Burns,; Butterfield, Church, Comstock, Cornell, NAYS. Mr. Danforth, Daniels, Eaton, Gale, Hanscom, Harvey, Leach, Lee, Lovell, McClelland, hMcLeod, Morrison, Mr. W. Adams, Anderson, Arzeno, Axford, Bagg, Barnard, H. Bartow, Bush, Carr, Chandler, Choate, J. Clark, Conner, 47 1850.] lot Mr. E. S. Roberson, Rix Robinson, Skinner, Sturgiiv, Town, Wait, Walker, Warden, N. Pierce, Webster, Whipple, Robertson,,, 31 Mr. Mosber, Mowry, Newberry, Orr, Prevost, Soule, Storey,.. Van Valkenburg, Whittemore, Williams, 'Woodman, President.. I 37 JOURNAL OF THE CONVENTION [Aug. 6, Mr. Woodman offered the following: Resolved, That the messengers'of this Convention be allowed cne and a half dollars per diem, for their serviues during the sitting of this Convention. Mr. Fralick asked the yeas and nays. And the same being ordered, The resolution prevailed as follows: YEAS. Mr. W. Adams, Mr, Comstock, Mr. McLeod, Alvord, Conner, Mlowry. Arzeno, Cornell, Orr, Bagg, Danforth, J. D. Pierce, Barnard, Eaton, Prevost, H. Bartow, Gale, Robertson, Beardsley, Gardiner, E. S. Robinson, Beeson, Gibson, Rix Robinson, Ammon Brown, Hanscom, Skinner, B,lrns, Hart, Soule, Bush, Hlarvey, Sturgis, Butterfield, Hascall, Whipple, Carr, Leach, Whittemore, Choate, Lee, Wiiliams, Church, Lovell, Woodman, J. Clark, McClelland, President, 48 NAYS. Mr. P. R. Adams, Mr. Fralick, Mr. Town, Anderson, Green, Van Valkenburg, Axford, Newherryv, Wait, Daniels, N. Pierce, 1 Mr. McClelland moved to adjourn. But the Convention refused to adjourn. On motion of Mr. Cornell, Resolved, That the Sergeant.at-arms be required to procure a quantity of unslaked lime, or chloride of lime, to be used in and about the representative hall, and the out-buildings connected there with. Mr. McLeod moved to adjourn. But the Convention refused to adjourn. Mr. Alvord offered the following: Resolved, That the committee on arrangement and ph-raseology be instructed to strikeoutfrom. section five of thp article on the Legislative Department, all after the word "district," in line three. 8'70 !5(50.] TO REVISE THE OONSTITUTI-ON. Mr. McClelland raised a point of order: "that a resolatioe, with out going through the forms prescribed by the rules, directing a.com, mittee to substantially change any article passed by the Couvention, cannot be entertained.' The Chair decided the resolution out of order. On motion of Mr. J. D. Pierce, The article entitled'"Education" was taken from the table;and re committed to the committee on education. ir. Church, from the committee on miscllaneous provisions, e. sorted back sundryresolutions, from which they asked to be and were discharged. Also a petition referred to that committee, praying for the incor poration of a provision in the constitution prohibiting ministers of the Gospel from holding any office of honor or profit in the State; re porting adverse to the prayer of the petitioners. The report was accepted and the committee discharged. Mr. Church, from the same committee, reported Article -, 4.Mia cellaneous provisions." Which was read the first end seeonddtime, by its title,' refirr'ed to he committee of the whole, and ordered printed. Mr. J. Clark offered the following, which was laid upon the table: Resolved, That the committee on arrangementsand phraseology report to this Convention any and;41 changes made by-them,.in the articles when reported by them to the convention. On motion of Mr. Church, Resolved, That the committee on'the government and judicial policy of the Upper Peninsula, &., and the committee upon the mode of'revising the constitution, be and the same are hereby in,,tructed to report forthwith to this Convention, upon the subjects severally and specially committed to them. On motion of Mr. Danforth, The Convention adjourned. Lansing, Wednesday, August 7, 1850. The Convention rmet pursuant to adjournment and was called to order by the President,. Prayer by the Rowv Mr.e Sa.&m. L'' 37X JOURNAL OF THE CONVENTION [Aug. 7, Absent on leave, Messrs. Backus, Alvarado Brown, S. Clark, Cook, Crary, Desnoyers, Dimond, Edmunds, Graham, Hiathaway, Hixon, Kinne, Marvin, Mason, Moore, O'Brien, Raynale, Redfield, M. Robinson, Sullivan, Sutherland, Tiffany, Wells, White, Willard and Witherell. LEAVE OF ABSENCE. Mr. Hanscom asked and obtained indefinite leave of absence for Mr. Woodmian, Mr. Cornell for Mr. E. S. Robinson, and Mr. Church for Mr. Eastman. PETITIONS By Mr. Beeson: of George Goodman, W. H. McConber and 147 others, praying the incorporation by the Convention of a clalise in the constitution prohibiting the collection of all debts of a less amount than one hundred dollars, if contracted after the adoption of the constitution. Referred to the committee on the legislative department. REPORTS. Mr. Hanscorn submitted the following: Pursuant to the instructions of the Convention the committee on supplies and expenditures respectfully report: That they have purchased the amount and kind of stationery specifically stated and set forth in the bills now iis the hands of the Secretary of the Conven. tion, numbered from one to five inclusive, and made a part of this report; that bills, for some small amounts purchased in this village, have not as yet been presented and filed; that one considerable item of expense incurred consisted of purchases of appropriate materials to carry out the resolution of the Convention upon the melancholy announcement of the deathof General Taylor, late President of the United States. The committee respectfully refer the Contention to the proceedings of the 5th and 19th of June. On the last named day the chairman of your committee proposed to the Convention the following resolutions, in obedience to tihe wishes of the committee: " Resolved, That from and after this day the post master of this village be not authorize to charge to the Convention or State any postage on any mailable matter, sent ax mailed by ix emis"or ofi TO REVISE THE CONSTITUTION. cers of the Convention, and that the Secretary notify the post master accordingly. "Resclved, That from and after this(,date there be printed for the use of the Convention but 240 copies of the journal." The passage of the resolutions had the effect to reduce the daily current and incidental expenses of the Convention to ana amount va rying from thirty-five to fifty dollars. The committee also suggest, that by reason of the system of re porting, adopted by order of the Convention, an increased quantity of stationery has been necessarily required; and that for the purpose of making that branch of duties as effectually performed as practica ble, and at the urgent request of the reporters, your committee pur chased twelve reporter's pens, with gold points, at a cost of one dol lar each. Ose-half have been already placed in the hands of the re. porters and secretaries of the' Convention. The balance, in conjunction with a large amount of the stationery purchased-ink, sand, wax, wafers, envelopes, &c. &c.-will be on hand and unused, and by the Secretary of this Convention, delivered over to the Secretary of State for the use of the State. A comparison of the current and incidental expenses of this Convention (aside from pay of members) with former Constitutional Conventions or Legislative bodies in this State, number of members and officers and length of session considered, show, as your committee believe, a reduction of nearly two.thirds, and a consequent saving of the amount of several thousands of dollars to the tax-payers of the State. Mr. Walker, from the committee on education, reported back the article entitled "Education" with the following amendments thereto: 1. Strike out section 8 and substitute therefor: "The legislature shall, within five years from the adoption of this constitution, provide for and establish a system of common schools. Such schools shall be kept without charge for tuition, for at least three months in each year, in every school district in the State." 2. Also insert in section 5, at the end of line 3: "with the privilege of speaking but not of voting." 3. Also strike out in section 10, line 3, the words, "with a model 18-60.) 311-3 JOURN,A- OF THE CONVEN'TION [Aut. 7 farm in connection therewith;" and in lines 6 and 8 the words, "anid farm." Mr. Britain moved to lay the report ont the tale. But the motion was lost. Thequestion beingon concurringin the snbstitateoreported by ths ommittee for section 3, Mr. klvord moved to amend the same by striking out the words "within five years." Which was lost by yeas and nays, as follows: YEAS: Mr. Alvo rd, M,r. Cornell, M1r. Robertson, Beardsley, Fralick, Webster, NAYS. ,Mr. P. R. Adams, W. Adams, Anderson, Arzeno, Axford, Bagg, Bartnard; H. Bartow, J. Bartow, Beeson, Britain, Arnmmon Brown, Asahel Brown, Burns, Bush, B.utterfield,. Carr, Chandler, Chapel, Choate, Church, Church, 61 Mr. Britain moved to add to the substitutes "and all instruction in, said schools shall be conducted in the English language." Which was accepted by the chairman on the part of the conmmittee on education, and the addition was so made. Mr. Fralick offered the following substitute for the one proposed by the committee, which was not agreed to: "Thet Legislature shall provide for a system of primary schoo'ls, by which a scoel shall' be kept aid supported in each school district, :57'4 1850.] TO REVISE THE" CONSTITUTION. at least three months in every year; and any school district neglecting to keep and support'such school, may be deprived of. its equal proportion of the interest of the public fund.! And the Legislature may provide for levying a tax on the taxable property of the:severat townships and cities of this State, for the support of said schools." Mr. Beardsley moved to' amend the proposition of the committee, by striking out "for at least three months in each year." But the Convention refused to strike out; and, The subsiitute reported by the committee for section 3 was then concurred in. Thldsecond amendment was also concurred in. The third amendment was also concurred in, by yeas and nays as follows: YEAS. Mr. Gale, Gardiner, Gibson, Hanscom, Hart, Kingsley, ALee, Lovell, Morrison, Mos her,e Mowry, Newberry,. Orr, J. D. Pierce, NAYS. Mr. Chapel, Church, Comstock, Conner, Cornell, Danforth, Daniels, Fralick, Green, Harvey, Mr. Bagg offered the following substitute for section 4: "There shall be elected at the first general election for judges in this State after the ratification of this constitution, twelve regents of the University: four for the term of six years, four for the term of 375 'Mr. Arzeno, Axford,. Bagg, Barnard, H. Bartow, J. Bartow', Ammon Brown,, Asahel Brown, I Burns, Butterfield, Choate, J. Clark,. Crouse, Eaton,, -Mr. Pre'vost, Robertson Rix Robinson, Skinner, Storey, Sturgis, Town,.1. I Van Valkenburg, W ait, W,alker.1 Warden,., ; Whipple, I Williams, 41 Mr. P. R. Adams, W. Adams, A'.vord, Anderson, Beardsley, Beeson, Britain, Busb, Carr, Chandler, Mr.'ll'ascall, Leach, McClelland, Me Leod, N. Pierce, Soule, 1 9 Webster,, W hittemorei .President, 29 IJOURN&L OF THE CONVENTION [Aug. 7, four years, and four for two years; and at each subsequent election for judges, there shall be four regents of the University elected, who shall hold their office for the term of six years." Mr. McClellaad moved to amend so as to make the professors of the University elective by the people. On the suggestion of Mr. Church, Mr. Bagg modified his substi tute so as to read: "There shall be elected in each judicial circuit, at the time of the election of the judge of said circuit, a regent of the University, whose term of office shall be the same as that of said judge; and the regents then elected shall constitute the board of regents of the University of Michigan." When Mr. McClelland withdrew his amendment. Mr. Storey moved the previous question. And the same being demanded, And the main question being ordered to be now put, The substitute proposed by Mr. Bagg, f6r section 4 of the article, was agreed to by yeas and nays, as follows: YEAS. Mr. P. R. Adams, Mr. Church, Mr. Lee, Bagg, Comstock, Lovell, Barnard, Conner, Mosher, H. Bartow, Cornell, Mowry, J. Bartow, Crouse, Orr, Boardsley, Daniels, N. Pierce, Beeson, Eaton, Prevost, Britain, Fralick, Rix Robinson, Ammon Brown, Gale, Soule, Asahel Brown, Gardiner, Wait, Burns, Gibson, Walker, Bush, Green, Warden, Carr, Hart, Webster, Chandler, Harvey, Whittemore, Chapel, Leach, 44 NAYS. Mr. W. Adams, Mr. Hanscom, Mr. Skinner, Alvord, Ha.ascall, Story, Anderson, Kingsley, Sturgis, Arzeno, McClelland, Town, Axford, McLeod, Vant Valkenburg, B3utterfield, Morrison, Whipple, Choate, Newberry, Willias, J. Clark, J. D. Pierce, President D)anforth, Robertson, 26 #1.6 1850.] TO REVISE THE CONSTITUT1ON. The article was then ordered to a third reading. RESOLUTIONS. Mr. Town offered the following; which, On motion of Mr. Arzeno, Was indefinitely postponed. Resolved, That the members and officers of this Convention be required to pay postage on all mailable matter received by them hereafter. On motion of Mr. Gardiner, Resolved, That Mr. Martin Mahon be appointed a reporter of this Convention, from and after the 1st instant THIRD READING OF ARTICLES. The article entitled "Township Officers and Government," was read a third time, when Mr. Fralick moved to indefinitely postpone the same. Which was not agreed to, by yeas and nays, as follows: YEAS: Mr. W. Adams, Mr. Bush, Mr. Lee, Arzeno, Crouse, Mosher, Barnard, Daniels, Prevost, Beardsley, Fralick, Rix Robinson, Britain, Gale, Skinner, Ammon Brown, Gibson, Town, Asahel Brown, Hanscom, President, Burns, Hart, 23 NAYS: Mr. P. R. Adams, Mr. Cornell, Mr. J. D. Pierce, Alvord, i Danforth, N. Pierce, Anderson, Eaton, Robertson, Axford, Gardiner. Soule, Bagg, Green, Storey, H. Bartow, Harvey, Sturgis, J. Bartow, Hascall, Van Valkenburg, Beeson, Kingsley, Wait, Butterfield, Leach, Walker, Carr, Lovell, Warden, Chandler, McClelland, Webster, Chapel, Morrison, Whipple, Choate, Mowry, Whittemore, Church, Newberry, Williams, Conner, Orr, 44 And on the' question, shall the article now pass t The yeas and nays were had, with tbe following resutlt.' 48 3, III 7 JOURNAL OF'T[IE'. CONVENTION-' [4ug. %' YEAS. Mr. Cornell, ADanforth, Danielse, Eatotn, wGardiier, Harvevo Hascail, lKingsl~e; yaeb Leach, Lovell, McClell,an d e Morriscn, CMowry, Newberry, NAY8, Mr. Burns, Bush, J. Glark, Crouse, Fralick, Gale, Gibson, Greet, Hanscor-e, So the article was passed, anl uder t'le rule, referred to the wmniittee on arrangement and -hrase The article entitled "Educationa' wa3 read a third time by ita title, t, shall the,me pass? were had, as fblow: YIEAS. lr., C(0oms!,- r Collfler, Corntic D i Cro0i jSe Aao ie N Pire Eatost, Fralick, Gardi,er, Gibson, rHansco ati Hart, Harvey, B ilgHascle, parr, ~~Kingsle>,Wlkr 378 Mr. Orr, J. D. Pierce, N. Pierce, Robertson, Soule, Storey, Sturgis, Van Valkenbur Wait, Walker,, Warden, Webs'er, Whittemore, Williamns, Mr. P. R. Adams, Anderson, Axford, Bagg, H. Bartow, J. Bartow, Butterfield, Carr, Chandler, Chapel, Choate, Church, Comstock. GonnIer, 4~ Mr. Hart, Lee, Mosher, Prevost, Rix Robinsor) Skinner, Town, Whipple, President. W. Adams, Alvord, Arzeno, Barnard, Beardsley, Beeson, Britain, Amrnon Brown, Asahel Brown, 27 Mr, P. R. Adams, W. Adams, Alvord, Arzeno,. Axford, Bagg, Barnard, H. Bartow,. Beesorn. Britailn, Ammon Brown. Burns, Butterfield, 'Cart, M,r.'Mowry, Or.r,; J. D.. Pierce, N. Piere,e Prevost, Robertsorn, Rix Robinson, Soule, Storey,. Sturgis, Town, Van Valkenburg, Wait, Walker,' -,859, TO REVISE-' TI-IE COLNSTITUTION. Lovell, M~Ciellanc.; Morrison, Musher. Clhandler, Chapel, Choate, Churchi. NAYS. Mr. Gale, Green, Lee, Newberry, S:o the article was passed, and under tihe rule, referred to the corn nittee on arrangement and phraseology. On motion of Mr. McClelland, The committee of the whole were discharged from the considera tion of the articles entitled "Judicial Department;" and The one reported by the committee on the judiciary, through Mr. Ghurch, and: numbered 28, was taken up for consideration. Section 1 having been read, On motion of Mr. McClelland, The words "inferior local," were stricken therefrom, and "muni. cipalV inserted. Section 2 being under consideration, MIr. Britain moved to strike,therefrom, in line 5, the word "separate," and all after "4constitution," in the same line. Which was rejected by yeas and nays, as follows. YEAS Mr. Lovell, Morrison,. Mosher, Rix Robinson, Skinner, Sturgis,. Town, Wait, Walker, Whipple, NAYS. AMr. Cornell, CrouDe, Daniels,. Fralick, Gale, Gibson,I 379 W arden, W hittemore,. Williarno~, 53 Mr. Skinnd'~,?~ Mr. ebste:t: Whipple, ~, President,! Hr.. Asahel Brown, Bush, J. Clark, Danforth,. : 12 M4r. P. R. Adams, Alvord, Arzeno, . Axford, Bagg, Butterfield, Mr. Orr, J. D. Pierce, N. Pierce, Robertson, Soule, -. Storey, JOURNAL OF THiE CONVENTION Carr, Hart, Van Valkenburg, Chandler, Hascall, Warden, Choate, McClelland, Whittemre, Church, Mowry, Williams, Comstock, Newberry, President, Conner, 84 By consent of the Convention, the word "two," in the 6th line, was stricken out, and "three" inserted. "'Also, the word "afinal," was inserted before "decision," in the third line; and all after "be," in the 9th line, was stricken out, and "eight years" inserted. On motion of Mr. Kingsley, The section was amended by inserting after "necessary," in the 4th line, the words "after six years.' Mr. Britain moved to strike out all after "constitution," in the 5th line, to and inclusive of the word "State," in the 6th line, and insert in lieu thereof, "to be elected in such manner as the Legislatureshall prescribe." Which was not agreed to. Mr. Robertson moved to strike out the section, (2,) and substi. tute the following in lieu thereof; "The supreme court shall consist of three judges, two of whom shall form a quorum; and the concurrence of two shall be necessary to every decision. And the Legislature shall have power, after the year 1S55, to provide by law for the election of an additional judge of said supreme court; and also to provide that the concurrence of three of said judges shall be necessary to every final decision. And the Legislature may also provide that each of' the judges of the supreme court shall be authorized and required to hold one term of the circuit courts in each and every year in any of the counties of the State, in which more than two terms of such circuit shall be annually held. The final decisions of the judges shall be in writing, and signed by those concurring; and a judge dissenting from a decsisr, shall give the reasons for such dissent in writing, under his signature.n" Mr. McClelland moved a call of the Convention; and the same being ordered, there were absent without leave tessrs. Barnard, J. Clark, Crouse, Lee, McLeod and Mosher. [Aug. 7, 380 TO REVISE THE CONSTITUTION. On motion of Mr. Bagg, The Sergeant.at-Arms was dispatched to secure the attendance of Messrs. Barnard, Crouse, Lee, McLeod and Mosher. The absentees soon thereafter appearing, On motion of Mr. Hanscom, All further proceedings under the call were dispensed with. The motion to strike out sec. 2, and substitute as proposed by Mr. Robertson, was lost, by yeas and nays, as follows: YEAS: Mr. Alvord, Mr. Fralick, Mr. Orr, Axford, Gibson, Roberts, Bagg, Hanscom, Robertson, Carr, Hart, Rix Robinson, Chandler, Harvey, Sturgi., Chapel, Lee, Van Valkenburg, Church, Lovell, Walker, Comstock, McLeod, Webster, Crouse, Morrison, Whittemore, Daniels, Mowry, Williams, Eaton, Newberrvy, President, 3 3 NAYS: M.PR.eAas M.BuhMrMeelad McClelland, Mosher, J. D. Pierce, N. Pierce, Prevost, Skinner, Soule, Storey,. Town, Wait, Warden, Whip~pol Sec. 4 having been read, On motion of Mr. Church, It was amended by striking out "said circuit judges,' and insert. ing the word "law." Sec. 5 being under consideration, On motion of Mr. Robertson, It was amended by striking out, in the 1st line, the words "shall have power," and inserting in lieu theref, "it shall be the duty of." Mr, Whittemore amoved further to. amend the same by adding thereto as follows: 1350] 381l 38!2' JOURNAL OF THIE CONVENTION [Aug.,7 "And testimony in cases in equity shall;be taken in like manner as in cses at law; and the office of master in chancery is hereby prohibited.'" Pending which, on motion of Mr. Van V'alkenburgh, The Convention adjourned. Afternoon Sessiowt. Two o'clock. The Convention was called toorder by the President, And a quorumnbeing present, Resumed the consideration of,the article entitled "Judicial Department." The question being upon th.e atnendment of Mr. Whittemore to section 5, the samrne was agreed to, by yeas and nays, as follows: YEAS Mr. Alvord, Mr. CO&~~ r, Mr. Morrison, Arzeno, Co) i;, Mowry, Axffo-rd, Fr a i k, Neewberry, Barnard, G:!le, Orr, Beardsley, (Gr er, Skinner, Britain, G: s., Soule, Burns, Town, Chandler, HII c-rn, Van' Valkenburg Chapel, W a:: \alk-er, Choate, Hi rvey, Warden, Church, a Webster, J. Clark, L a-h, Whittemore, Cotnstuck, McClelland, 38 NAYS. P. R.-Aikdams, W. Adams, .Anderson, Bagg, H. B)artow, J. Bartow, ,Beeson, Asahel Brown, 'Butterfield, Mr. Gale moved to amend the same section by inserting after "ircuit courts," "but in no case shall they deprive any citizen of the ,privilege of practicing in said courts." Upon this the yeas and nays were ordered. 25 1850.]; TO REVISE THE CONSTITUTION. And the amendment was agreed to, by yeas and nays, as follow$. YEAS: Mr. Cornel, Crouse, Eaton, Gale, Gardiner, Gibson, Green, Hanscom, Ba art, Harvey, Hascall, Leach, Lee, hLto ell, Mort,ison, Mosher, NAYS: Mr. Church, J. Clark, Connerr, Da,Jforth, Fralick, Kingsley, McClelland, Mr. Whitternmore mnoved further to amend by adding to the section as follows: "And the legislature shall, as far as practicable, abolish all distinc ftion between law and equity proceedings." Mr. Robertson moved to strike out ",as far as practicable," whichi was lost by yeas and nays, as follows: Y EAS. Mr. Bagg, Mr. Leach, H. Blartow, Lee, Chapel, Morrison, J. Clark, Orr, Fralick,. D. Pierce, Gale, N. Pierce, Hansconm, Prevost, NAYS. Mr. P. R. Adams, Mr. Chandler, W. Adams, Choite, Alvord, Church, Anderson, Comstock, 383 Mr. P..,R. A-dams, Mr. Mowi-y,' Newberry, Orr, N. Pierce, 'Prevost, .Robert,-,ox), Soule,. Sturgis, Towri, . Wait, I Walker, W ardein, Webster, W hittemore, Williams, A vord, Arzeno, - Ax ford, Bagg,, Barn-ard, H. — Bartovv, - Beatdsley, Brit'ain, Asahel Brown, Burns, Bush, Carr, -Chandle,r, C'bapel, Comstock,) 47 Mr. W... Adams, Anderson' - J. Bartow" Beeson, Ammon Brown, Butterfield, Choate, Mr. Rix Robinson, Skinner, Storey, Van Valkenbur&, Whipple, Pre.sint, 20 Mr. Robertson, -, . Ilix Robinso Skinner, Soule,,;' Waite, Walker, Whipple, t 21 .Mr. Kingsloy, Lovell, McClelland,, I Mo4xer, JOURNAL OF THE CONVENTION [Aug. 7, Arzetio,, Axford, Barnard, B13eardsley, Beeson, Britain, Ammon Brown, Asahel Brown, Burns, Bush,' Butterfield, Carr, Mowry, Newberry, Storey, Sturgis, Town, Van Valkenburg, Warden, Webster, Whittemore, Williams, President, Mr. Whittemore's amendment was then agreed to. Section 6 having been read, Mr. Church moved to amend section 6, by striking out the words *reside after the election," and insert the words "be elected by the qualified electors thereof and." And the same prevailed. Mr. Church moved to amend section 7 by striking out the words 4"of this State," in line 3 of said section, and by inserting the words "of said circuit." And the same was agreed to. Section 8 being under consideration, Mr. Robertson moved to strike out, in the 2d line, the words "and not prohibited by law." But the amendment was lost. Mr. Robertson moved to amend section 9 by striking out of lines 2 and 3, the words "and shall hold no other office of trust or profit during the term for which they are elected," and insert, "and shall be ineligible to any other than a judicial office, during the term for which they are elected, and for one year thereafter." Mr. Van Valkenburgh moved to amend the amendment, by striking out, "and for one year thereafter." Which was lost by the yeas and nays as follows: YEAS. Mr. P. R. Adams, W. Adams, Anderson, - Arzeno, Barnard, H. Bartow, I Mr. Carr, Church, Ir Cornell, Crouse, Gale, Lovell, 164 Conner, Cornell, Crou-se, Danforth Eaton, Gardiner, Gib6on, Green, Hart, Flarve,y, Ha.,3call, 46, Mr. N. Pierce,' Storey, Town, Van Valkeiiburgo Warde]4 - I w fli. pple" 1850.] TO REVISE THE CONSTITUTION. McClelland, Mowry, J. D. Pierce, BeardsIey, Beeson, Bush, Butterfield, NAYS. Mr. Alvord, Mr. Daniels, Mr. Mosher, Axford, Eaton, Newberry, Bagg, Fralick, Orr, Britain, Gardiner, Prevost, Asahel Brown, Gibson, Robertson, Burns, Green, Rix Robinson, Chandler, Hanscom, Skinner, Chapel, Hart, Soule, Choate, Harvey, Sturgis, J. Clark, Hascall, Wait, Comstock, Kit)gsley, Walker,, Conner, Morrison, Webster,, Danforth, 37 The amendment offered by Mr. Robertson was then agreed to. Mr Church moved to amend section 10 by inserting after the word "decision," in 1st line, as follows: "The decisions made by the Supreme Court shall be in writing, and signed by the judges concurring therein; and any judge dissenting therefrom shall give the reasons of such dissent in writing under his signature, and said opin. ions shall be filed in the office of the clerk of said Supreme Court." And the same was agreed to. Mr. Bagg moved to amend section 11 by inserting after "purposes,"' in the 2d line, " and in counties containing 20,000 inhabitants, a circuit court shall be held four times in each year." Mr. r. Clark moved; to strike out "20,000,'' and insert in its stead "10,000." And the amendment to the amendment prevailed by the following vote: YEAS. Mr. Church, J. Clark, Conner, Crouse, Danforth, Eaton, Fralick, Gale, Gardianer, 38,5 Whittemore, Williams, President,, O's Mr. P. R. Adams, IW. Adams, Alvord, Axford Bagg, BarDard, Beardsley, Beesoo Britaii-t,,,. Mr. Moshe-r, ilmowry, Newberry, , Roi)ertsoii, Pix Robinson,,: Skiiiiier, Soule, I I Storey, Town,, 4D -JOURNxALS OF TlEE CoNVENTION [Aug. 7, ,Ammon'Brown, Gibson, Van Valkenburg, Asahel Brown, Hlanscom, Walker, Burns, HIart, Warden, Bush, Kingsley, Whittemore, Carr, Lee, Williams, Chandler, Lovell, President, Chapel, Morrison, 47 NAYS. Mr. Anderson, Mr. Comstock, Mr. J. D. Pierce, Arzeno, Greetn, N. Pierce, H. Hartow, Harvey, Sturgis, Butterfield, Hascall, Wait. Choate, McClelland, Webster, 15 Mr. Bagg's amendment was then agreed to. Section 16 being under consideration, Mr. McClelland moved to strike it out and substitute the following: "Sec. 16. The legislature may provide by law for the election of one or more persons in each organized county, who may be vested with such judicial power as the legislature may prescribe, not excee. ding those of a judge of the circuit court at chambers." A division of the question was had. And the motion to strike out the section was first put and carried. On motion of Mr. Bagg, The proposition of Mr. McClelland was amended by adding there.Ao, "in counties having a population of less than ten thousand inhabitants, by the last preceding enumeration provided for in this constitution, these powers may be devolved upon the judge of probate." The substitute for section 16 as amended, was then adopted. Mr. J. D. Pierce moved to amend section 17, by striking out "four," in the 1st line, and inserting "twos" Mr. Skinner offered the following as a substitute for the section: "There shall be two justices of the peace il each o- ganized town ship. They shall be elef ted by the qualified elect-r; of the town ship, and shall hold theitr offices for four years, atid letil their suc cessors are elected and qiualified. They shall have such criminal and civil jurisdiction, and perform such duties as n-.y be prescribed by law. At the first election in any towiiship), they shall be classi fied by law in such manner, that otne justice shall ie ejccted biennial ly in each township thereafter. The Legislature may increase th 'i8] TO R ISE TRIE 160~1OTiTIUTITO. mumber of justices in cities'and in townshipsi hav~ing over in 'habitants.." - Mr. J. D. Pierce withdrew his amendmeilt. On motion of Mr. Eaton, The section was amended by inserting between "be" and'"from," in the first line, the words "not exceeding." The question recurring on the substitute offered by Mr. Skinny, .t was rejected. On motion of Mr. McClelland, The words'-and probate," were stricken out,of the isi line of section 1:9, and the words, "And for the election of judges of probate courts3 on the first Mon day of April l853," were inserted after "11851," in the 2d line. On motion of Mr.'McClelland, Sec. 19 was further amended by strikingltherefrom, in line 1, the words "judges of the supreme court." On motion of Mr. Britain, kll after "and" in the 2d line, to and inclusive of the word 'court" in the third line, was stricken out. On motion of Mr. Walker, The words "an election shall be held" were inserted after "thereafter," in the 3d line. Mr. Gale moved to amend the section by striking out in line 4,4tie word "fourth," and inserting in its-stead, "second. But the amendment was not agreed to. The article having been gone through with, by sections,'and being open for general amendment, Mr. J. Clark offered the following to stand as section 21: "Any male citizen of the age of twenty.one years, of good moral character, and who possesses the requisite qualifications of learning and ability, shall be entitled to admission to practice in all ~the'cotirts of this state." Mr. Robertson moved to strike out "male citizen," and insert person." Which the mover accepted. And the proposition as modified was rejected. ,,, 9f?i 388 JOURNAL OF THE CONVENTION [Aug. 7, Md the following as an additional section to the h all have power to establish courts of coneilia duties prescribed by law." agreed to by yeas and nays as follows: YEAS. MMr. J. Clark, Mr. McClelland, Comstock, Morrison, Conner, J. D. Pierce, Cornell, N. Pierce, Crouse, Prevost, Daniels, Robertson, Eato n, Rix Robinson, Fralick, Soule, Gale, Storey, Gardiner, Sturgis, Gibson, Town, Green, Wait, Hanscom, W Valker, Hart, Warden, Harvey, Webster, Hascall, Whipple, Kingsley, Whiitemore, Leach, Williams, Lee, President, NAYS. Mr. P. R. Adams, Mr. Mowry, Mr. VanValkenburg, Danforth, Newberry, 5 Mr. Church offered the following substitute for section 20: "Whenever a judge shall remove beyond the limits of the circuit for which he was elected, and whenever a justics of the peace shall remove frotnom the township in which he was elected, or who, by a change in the boundaries of said township, shall be placed without he same, shall be deemed to have vacated their respective offices.' Mr. Alvord moved to adjourn. But the Convention refused to adjourn. The substitute proposed by Mr. Church was agreed to. On motion of Mr. McClelland, The vote was reconsidered, by which an amendment was made to section 19, fixing the time for the election of judges of probate in April, 1853. Mr. I'. Adams, Alvord, Anderson, Arzeno, 3agg, Bartiard, 1]. Bartow, Beardsley, Beeson, Britaini, Ammon Brown, Asahel Brown, Burns, Bush, Butterfield, Chandler, Chapel, Choate, Cburch, Lovell, 58 1850.] TO REVISFE THE CONSTITUTION. The amendment was then witt,drawnti, and the following was inserted in its stead: "'And the election of judges of probate, on the Tuesday succeeding the first Monday of November, 1852." On motion of Mr. Gale, The vote adopting the amendment proposed by him to section 5S was reconsidered The amendment was then withdrawn, and Mr. Gale offered the following as an additional section to the ar ticle. Every person of the age of 21 years, of good moral character, shall have the right to practice in any court in this State." And the same was adopted. On motion of Mr. Rix Robinson, Section 5 of the article was amended as follows: Insert in 2d line after the words "circuit courts," "and simplify the same so far as practicable." On motion of Mr. J. Clark, The Convention then adjourned. Lansing, Thursday, August 8, 1850. The Convention met at the usual hour and was called to order by the President. Prayer by the Rev. Mr. Tooker. The roll being called, there were absent on leave, Messrs. Backus, Alvarado Brown, S. Clark, Cook, Crary, Desnoyer, Dimond, Eastman, Edmunds, Graham, Hathaway, Hixson, Marvin, Mason, Moore, O'Brien, Raynale, Redfield, E. S. Robinson, M. Robinson, Sullivar,, Sutherland, Tiffany, Wells, White, Willard, Witherell and Wood. man. Without leave, Mr. Orr. LEAVE OF ABSENCE. Mr. Carr asked and obtained indefinite leave of absence for Mr Orr. On motion of Mr, GCale, JOG!RNAL OF VT[E, CoNVENTION [;aug. 8, The;bills alluded to in the report of~ the committee of supplies, in :the journal of yesterday, were ordered attached thereto. P RTITION&. By Mr. Church: Of, Geo. Coggeshall and 37 others, citizens of ,ient county, praying for the insertion in the constitution of a provision-directing the legislature to procure a cession from the United States of the unsold public -Iands within the state, &c., &c. Laid upon the table. Also of Edward C. Sergeant and. 174 others, citizens Of Kent county, praying for the establishment of an independent supreme cart, &c. Laid upon the table. REPORTES, Mr. Roberts from the committee on the go.vernmert and judicial policy of the Upper Peninsula, submitted an, article entitled " Of Upper Peninsula,"' accompanied.by a written report. The report was laid upon the table and ordered printed; and The article was read the first a;nd second timre by its title, referred; to the committee-of the whole and ordered printed.. The convention having reached the order of UNF,INISHR, BI,.SINESSr, Took- up the article entitled "-Judicial Department," Mr. Skinner proposed to amend section 1, as follows: Insert in the first line after the words "' probate court," the following: "As many district justice courts-in each organized, county, ash the supervisors thereof shall, in pursuance of law, establish jndicial, districts therein, not exceeding the, number of representative,districts.' Mr. Beardsley moved to amend the fftregoing,by adding thereto antijustice's courts are hereby abolished," which was not agreed to The amendment of~ Mr. Skinner!,was then agreed to by yeas anti, nays as follows.. YEA&S' Mr,. Daniels,, dEaton, Fralick,, Gale, Gardiner,., Mr. MOwry, N. Pierce,> Prevost, Rix Robinson, S9kinner,, Mfr. Alvord, AAx ord, Bagg, Barnard, Burns,: la850..] TO REVISE THE ONSTITUTION. Carr, Green, Sturgis, Chandler, Hanscom, Town, Chapel, Hart, Wait, Choate, Leach, Webster, Church, Lovell, Whittemore, Cornell, Morrison, Williams, Crouse, Mosher, 35: NAYS. Mr. P. R. Adams, Mr.. Asahel Brown, Mir. Newberry, W. Adams, Bush, J. D. Pierce, Anderson, Butterfield, Robertson, Arzeno, Comstock, Soule, H. Bartow, Conner, Storey, J. Bartow, Gibson, Van Valkenburg, Beardsley, Harv ey, Walker, Beeson, Kingsley, Warden, Britain, Lee,. President, Ammon BRown, McClelland, 30 Mr. Hanscom offered the following as a substitute for the entire article. Section 1. The judicial power is vested in one supreme court, rin circuit courts, in probate courts, and in justices of the peace Municipal courts of civil and criminal jurisdiction may be established by the legislature in cities Sec. 2. The supreme court shall consist of three judges, two of' whom shall form a quorum, and the concurrence of two shall be necessary to every'decision. And the legislature shall have pow er, after the year 1855, to provide by law for the election of ati additional judge of said supreme court; and also to provide that the concurrence of three of said judges shall be necessary to evy cry final decision. And the legislature may also provide that each& of the judges of the supreme court shall be authorized andrequi red to hold. one term of the circuit courts in each and every year in any of the counties of this state in which more than two terms of such circuit shall be annually held. The final decisions of the judges shall be in writing and, signed, by, those concurring, andd a judge dissenting from a decision shall give the reasons for suchs dissent, in writing, unde.s signatiure. Sec. 3. The judges of the supreme court shall be elected by the qualified electors, and shall hold' their' offices unti, their'suc' cessors are eliected and qualified; 391. JOURNAL OF THE CONVENTION [Aug. 8, Sec, 4. Of the judges of the supreme court first elected, one shall hold his office for two years, one for four years and one for six years, to be determined by lot at the first session of the court after their election. Thereafter the judge elected to fill the office shall hold the same for the term of six years. The judge having the shortest time to serve shall be chief justice. Sec. 5. The supreme court shall have a general superintending control over all inferior courts, and shall have power to issue writs of error, habeas corpus, rnandamus, injunction, quo warranto, certiorari, and other original and remedial writs, and to hear and-determine the same. In all other cases it shall have appellate jurisdiction only. Sec. 6. The supreme court shall hold at least one term annually in, each judicial circuit, at such time and place as may be designated by said court; and the legislature may provide for the holding of two terms in each or either of the said circuits in each and every year.: Sec. 7. The supreme court shall have power, by general rules, to establish, modify, amend and simplify the practice in said court and i'n the circuit courts. Sec. 8. The state shall be divided into five judicial circuits; in each of which one. circuit judge shall be elected by the qualified electors thereof, who shall hold his office for the term of six years and until his successor is elected and qualified. Sec. 9. The Legislature may alter the limits of circuits or iIIcrease the number of the same; but no increase thereof shall be made except at the session of the legislature first held after the apportionment of senators and representatives provided for in this constitution. No alteration or increase shall have the effect to remove a judge from office. In every additional circuit established, the judge shall be elected, and his term of office shall continue as provided in this constitution for the judges of the circuit court. Sec. 10. The circuit eourts shall har original jurisdiction in all matters civil and criminal not except in this constitution, and not prohibited by law, and appellate jurisdiction from all inferior courts and tribunals, aud a supervisory control of the same. s.-2 1850.] TO REVISE THE CONSTITUTION. 393 They shall alsobhave power to issue writs of habeas corpus, mandamtnus, injunction, quo warranto, certiorari and other writs necessary to carry into effect their orders, judgments and decrees., and give them a general control over inferior courts and tribunals within their respective jurisdictions. Sec. 11. Each of the judges of the supreme and circuit courts shall receive a salary, payable quarterly. They shall receive no fees or perquisites of office, or other compensation; and shall hold no r,ther office of trust or profit during the term fo)r which they are elected. All votes for either of them, for any office other than a judicial one, given either by the legislature or the people, shall be void. Sec. 12. The judges of the supreme court may appoint a reporter of their decisions. The judges of the circuit courts within their respective jurisdiction, may fill vacancies in the office of county clerk, and of prosecuting attorney. But no judge of the supreme court or of a circuit court shall exercise any other power of appointment to public office. Sec. 13. A circuit court shall be held at least twice in each year, in every county organized for judicial purposes. In counties having a population of 10,000 inhabitants, by the last preceding enumeration provided for inr this Constitution, there shall be held not less than three terms of such court in each year, unless ot:erwise provided by law. Judges of the circuit court may hold courts for each other, and shall do so when required by law. Sec. 14. The clerk of each county organized for judicial purposes shall be the clerk of the circuit court of such county, and of the supreme court when held within the same. Sec. 1.5 Appeals and writs of error may be taken from the circuit court of any county, to the supreme court held in the circuit which includes such county, or with the consent of parties in the cause, to the supreme court held in any other circuit. Sec. 16. In each of the counties organized for judicial purposes, there shall be a court of probate. The judge of such court shall be elected by the qualified electors of the county in which he resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers and 50 JOURNAL' OF THE CONVENTION [Aug..8, duties of such court shall be prescribed by law. And in counties having a population of less than 10,000 inhabitants, the legislature may authorize and require the circuit courts to perform the duties of such probate courts. Sec. 17. When a vacancy occurs in the office of judge of the supreme court, circuit court or probate court, such vacancy shall be filled by ap)pointment of the governor, which shall continup until a successor is elected and qualified; and when elected, such successorshall hold his office the residue of the unexpired term. Sec. 18. The supreme court, the circuit and probate courts of each county, shall be courts of record, and shall each have a common seal. Sec. ] 9. The legislature may provide by law for the election of one or more persons in each organized county, who may be vested with judicial powers, not exceeding those of a judige of the circuit court at chambers. In counties having a population of less than twenty thousand inhabitants, by the last preceding enumeration provided for in this constitution, these powers may be devolved upon the judge of probate. Sec. 20. The Legislature shall provide for the speedy publication of all statute laws&of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial deci. sions shall be free for publication by any person. Sec. 21. There shall be such numbetr of justices of the peace in each organized township, not exceeding four, as may be prescribed by law. They shall be elected by the qualified electors of the town)ship, and shall hold their offices for four years and until their successors are elected and qualified. They shall have such criminal and civil jurisdiction, and perform such duties, as may be prescribed by law. At their first election in any town8hip, they shall be classified by law insuch manner that only ljutice shall be elected annually in each township thereafter. Thl legislatture may increase the number of justices in cities Sec. 22. Judges of the supreme court, circuit judges andjlstices of the peace shall. be conservators of the peace.within their, teper.ctive jurisdictions. "Ic,. The fi.rst election of judges sf the supreme oourt ace 394 1,8504] TO, REVISE THE CONSTITUTION. judges of the circuit courts, shall be held on the first Monday in April 1851, ant& for the election of judges of probate coutts on the first Monday of Aprilt 1853, and every two years thereafter, an election shall be held for o)ne judge of the supreme court, and every sixth year thereafter, for judges of the circuit courts, anda every fourth year thereafter, for judges of probate in such counties as by law are required to elect; such judge of probate. Whenever an additional circuit is created such provisions may be made as to hold the suksequent!election of such additional judge at the regular elections herein provided. Sec. 24. The removal of a judge beyond the limits of thejurisdiction for which he was elected, or of a justice of the peace beyond the limnitsof the township-in which he was elected,shall vacate his office. Sec. 25. The, style of all process shall be: "In the,,.name of the people of the State of Michigan." All indictments shall conclude: "against the peace of the people of the State of Michigan." Mr. Williams moved the. following as an additional section to the substitute: "The Legislature shall have power to establish courts of conciliation, with powers and duties prescribed by law." And the same was accepted by the mover. MAr. Gale moved the following additionalsection to the substitute Every person of the age of twenty.one years, of good moral (haracter, shall have the right to practice in any court in this State." Mr. McClelland moved the previous question on the article. And the same being demanded, and the question being, shall the main question be now putt' The yeas and nays were-ordered thereon, when, On motion of Mr. Alvord, A call of the Convention was ordered, and Messrs. MILeod and Rioberts were absent without leave-; when the Sergeant. at-Arms was. dispatched to procure the attendance of the absentees, Mr. Chapel moved the Convention,adjourn. But the Convention refund to adjournn by yeas.nd rays as. follows: 395 1396 JOURNAL OF THE CONVENTION'[Aug. 8, YEAS: Mr. Hanscom, Hart, Lee, Mr. Axford, Bagg, Chapel, Eaton, NAYS. Mr. Comstock, Conner, Cornell, Crouse, Danforth, Daniels, Fralick, Gale, Gardiner, Gibson, Green, Harvey, ' Hlascall, Kingsley, Kinne, Leach, Loveill, McClelland, Morrison, The President announced the appearance of Mr. Roberts within the bar, and the confinement of VMr. McLeod to his room on acecoun: of indisposition. On motion of Mr. Danforth, All further proceedings under the call were dispensed with. The question being "shall the main question be now puts" it was so ordered by yeas and nays as follows: YEAS. Mr. P. R. Adams, Mr. Chandler, W. Adams, Choate, Anderson, Comstock, Arzeno, Conner, H. Bartow, Cornell, J. Bartow, Danforth, Beeson, Daniels, Britain, Gale, Ammon Brown, Gardiner, Asabel Brown, Green, Bush, Harvey, Butterfield, Hascall, Carr, Kingsley, Mr. Roberts, Robertson, Whipple, 10 Alr. P. R. Adam S, W. Adams, Alvord, Anderson, Arzeno, Barnard, H. Bartow J. Bartow, Beeson Brit6in, Arnmon Brown, Asahel Brown, Burns, Bush, Butterfileld, Carr, Chandler, Ch,oate, Church, J. Clark, Mr. Mosher, Mowry,, Newberry, J. D. Pierce, N. Pierce Prevost, Rix Robinson, Skin,,ier, Soule, Storey, Sturgis, Toivn, VanValkenbu rg, Wait, Wardeti, Webster, Whitteri-iore, Willianis, Presiderit, 58 Mr. Kinne, Leach, McClelland, Mosher, J. D. Pierce, N. Pierce, Provost, Skinner, Soule, Storey, Town, Wait, Whipple, 39 18s50.] TO REVISE THE CONSTITUTION. NAYS. Mr. Eaton, Fralick, Gibson, Hanscom, Hart, Lee, Lovell, Morrison, Mowry, Newberry, The additional section proposed to the substitute by Mr. Gale was then agreed to. The question now being on the adoption of the substitute proposed by Mr. Hanscorn for the entire article, The same was rejected by yeas and nays as follows: YEAS: vIdr. Daniels, Fralick, Gibson, Hanscom, Hart, Harvey, Lee, Morrison, Mowry, Newberry, NAYS: Mr. P. R. Adams, W. Adams, Anderson, Arzeno, Barnard, H. Bartow, J. Bartow, Beardsley, Beeson, Britain, Ammon Brown, Asahel Brown, Burns, Bush, Mr. Butterfield, Choate, Conner, Cornell, Danforth, Eaton, Gale, Gardiner, Gre en, Hascall, Kingsley,. Kinne, Leach, Lovel]), Upon ordering the article to a third reading, the yeas and nays were had, and the result was as follows:. 397 Mr. Al vord, Axford, Bagg, Barnard, Beardsley, Buriis, Chapel, Church, 1. Clark, Crouse, Mr. Roberts, Robertson, Rix Robin"Son, Sturgis, Van Valkenburgh, Walker, Warden, Wt)l'ttemore, Williams, President, 30 Mr. Alvord, Axford, Bagg,, Carr, Chandler, Ohapel, Church, J. Clark, Comstock, Crouse, M,-. Roberts, Robertson, Rix Robinsoi,., Sturgis, VatiValkenburg,. Walker, Whittemore, Williary)s" President, 29 Mr. McClelland, Moshet, J. D. Pier'le,, N. Pierce, Prevost, Skinner, Soule, Storey,, Towii, Wait, 'Warden. Webster:, - Whipple, 4'1 $OURNNAL"OF THE COivNYETION [A.iug. 8, YEAS. Jarr, ,hoate, nonner, nornell, anforth, Haniels, Eaton, ale, -ardiner, Breen, Hascall, Kingsley, I d Kinne, Beach, McClelland, NAYS. Fralick, Gibson, Hans~om, CHart, earey, Lee, ,ovell, Corrison, Mr. P. R. Adams, W. Adams, Anderson, Arzeno, Barnard, H. Bartow, J. Bartow, Beardsley, Beeson, Britain, Ammon Brown, Asahel Brown, Burns, Bush, Butterfield, Mr. Alvord, Axford, Bagg, Chandler, Chapel, Church, J. Clark, Comstock, Crouse, So the article third reading. On motion of ] entitled "judicial department," was ordere4to a The convention was resolved into committee of the whole on the general order, Mr. Danforth in the chair. PROCEEDINGS IN COMMITTE;E. The committee took up for consideration the article Miscellaneous Provisions. Sections 1 and 2 were read. Mr. N. Pierce moved to add to section 2, "provided, thet the lands of any pers-)n shall not be flowed or used without the conseWa of the -owner thereof."' WVhich amendment did not prevail. On motion of Mr. iBritain, The following was added to section 2;'but no person shall be permitted by flowing toinjure any other impro-'d water power." $08 Mr. Moslier, J. D. Plerecil N. Pierce, Prevost, Ro-bertson" Sicintier, SoLile, Storev, Town Van V,lkeiibur Wait, Warden, Web-,,,ter, Wiiipple, 4,t 'Mr. Mowry, Newberry, Roberts, S!ul.gis, Wall(er, Williarris,. Prsident, 25 a850 TO REVISE' THEE CoNSTITUTION. On motion of Mr. Robertson, The words "and damages done" were added to line 2, and "dam ages" was inserted in 3d line, after the word "value." On motion of Mr. Cornell, The word "erecting" was stricken out of line 4, and "maintainilg" inserted. Mr. Cornell moved to strike out "unimproved" in line i1. W7hich did not prevail. Mr. Gale moved to insert after "paid," in line 4, the words "or tendered;" which was withdrawn. Mr. Newberry moved to strike out section 2. But the committee refused to strike out. On motion of Mr. Daniels, section 4 was stricken out. Mr. Britain offered the following as a substitute for section 5: No navigable stream in this state, shall be either bridged or damed without authority from the board of supervisors of the proper county, under the provisions of existing laws. No such law shaIl prejudice the right of individuals to the free navigation of such streams, or preclude the state from the further improvement of the navigation of such stream." Mr. J. D. Pierce moved to add thereto "except as shall be prescri bed by law," which was subsequently withdrawn. on motion of Mr. Hanscomn the committee rose, reported pro. gress and asked leave to sit again. The committee through their chairman, reported the same back to the convention and asked leave to sit again. Leave was granted, and On motion of Mr. Alvord, The convention adjourned. Afternoon Session. Two o'clock: The Convention was called to order by the President, and a quorum of members being present, was resolved into a committee of the whole and resumed the consideration of the Article entitled "Miseellaneous Provisions,"' Mr. Danforth in the chair.' 399 JOURNAL OF THE CON-VENTION [Aug. 8, PROCEEDINGS IN COMMITTEE. The committee resumed the consideration of Mr. Britain's substitute for section 5. On motion of Mr. Soule, The word "supreme" was stricken out of section 5, line 4, and "circuit" inserted. Mr. Britain's substitue was then. adopted. On motion of Mr. Fralick, tbe committee rose, reported the article back with the amendments, asked tihe concurrence of the Convention therein, and to be discharged from its further consideration. The committee, through their chairman, reported the Article back with amendments in which the concurrence of the Convention was asked. The first, second and third amendmnents made in commnittee were concurred in. The 4th amendment (all addition to section two) being under consideration, Mr. Morrison moved to amend the same by striking out the word "improved." After some debate, the proposition was withdrawn, and Mr. Morrison offered the following as a substitute for the amendment made in committee: "This provision shall not apply to cases where by flowing lands any other water power shall be injured." And the same was agreed to, by yeas and nays as follows: YEAS. Mr. P. R. Adams, Mr. Gibson, Mr. Prevost, Arzeno, Green, Rix Robinson, Axford, Hanscom, Skinner, Barnard, Hart, Soule, Beeson, Kingsley, Storey, Armmon Brown, Lovell, Wait, Bush, McClelland, Walker, Cornell, Morrison, Warden CGrouse, Mosher, Webster, Daniels, Newberry, Whittemore, Eaton, J. D. Pierce, President,. Fralick, N, Pierce, 35 400 1850.] TO REVISE THE CONSTITUTION. NAYS: Mr. W. Adams, Alvord, Anderson, H. Bartow, Beardsley, Britain, Asahel Brown, Burns, Butterfield, Mr. Carr, Chandler, Choate, Church, Comstock, Conner, Danforth, Harvey, Mr. Hascalt, 2 Leach}, Mowry, I Robertson, Sturgis, Town, VaniValkenburghj Williamsi 25. The fourth amendment was then concurred in. The 5th amendment, striking out section 4 of the article, being under consideratron, * Mr. N. Pierce moved to amend the same by inserting as section 4 the following: "Sec. 4. The legislature of this state shall have the power of erecting a state prison, or removing the present prison, with the convicts therein, to the mineral country in. the upper peninsula of this; state near Lake Superior, for the purpose of working the mines and minerals in that district of the state." Mr. Daniels moved the previous question. But the call was not sustained. The question first; being upon concurrence in striking out the sec. tion (4.) The same was non-concurred in by yeas and nays as follows: YEAS. Mr. Axfordo, Barnard, H. Bartow, Beardsley, Asahel Brown,, Bush, Carr, Chandler, Daniels, NAYS. Mr. P.R. Adams, W. Adams, Alvord, Anderson, Arzeno, Beeson, Britain,. 51 Mr. Mowry, ACRobertson, Rix Robinson, Skinner, Soule, Storey, Vanu Valkenburgh, 401 ;5 Mr. Conner, Cornell, Crouse, Danforth,, Eaton, Fralick, Gibson, 4Xf JOURNAL OF THE CONVEN-ATiO.. Ammon Brown, Hanscom, Walker, Burns, Kingsley, Webster, Butterfield, M cClelland, Williams, Choate, Morrison, President, Church, Mosher, 35 The substitute for section 5, reported by the committee, being under consideration, On motion of Mr. McClelland, The original section was amended by striking out "supreme" and inserting "circuit." Upon concurring with the proposition of the committee, A division of the question was had, and the vote upon striking out the section stood as follows: YEAS: Mr. Burns,), Chandler, Choate, Conner, Eaton, Fralick, Gibson, Green, Hascall, Kinne, Lovell, AMosher, NAYS. Mr. Hanscom, Hart, Harvey, McClelland, Morris.on, J. D. Pierce, N. Pierce, So the Convention concurred in striking out. . The question being upon concurring in the substitute, the same Wy yeas and nays as follows: YEAS: Mr. Choate, Conner, Green, Hart, Hascall, Kinne, LAhg. el a -Mr. - P. R. Adams,, W. Adams, Alvord,' Arze no, Axford, Barnard, ;H! B Ekrtow, Beardsley, Beeson, Britain, Ammon Brown, Asabel Brown, M,-r.,Mow'ry, Newberry, Robertson, Rix Robinson, Skinner, I I Storo,v Stu rg is, 'I'own, Walker, War-den, W e bste r,. President, 36 Mr. Prevost, Soule', - Vait Valkenburgh, Wait, Whittemore, Williams, Mr. Anderson Carr, Church, Comstock, Crouse, I Dan forth, Daniels, 20 Mr. P. R. Adms, W. Adams, Ar:teno, Axford, H. Bartow, Beardsley, Mr. Newberry, Rot)ertson, Rix Robinson, Soule, Storey, ,,,..Town', 1850)3 TO REVlSE THEg CONSTITUTION. Mc Melland, Morrison, e Mosher, Mowry, NAYS: r rMr. Daniels, Eaton, Fralick, Gibson, Hanscor,m, Harvey, Kingsley, Lovell, J. D. Pierce, B ritain, Asahel Brown, Burns, Chandler, Mr. Robertson moved to adjourn. But the Convention refused to adjourn. The Article "Miscellaneous Provisions," being open foe general >amendment, Mr. Fraliok moved to strike out section two. Mr. Hart moved to adjourn. When, by consent, Mr. McClelland moved to reconsider the restution adopted relative to the adjournment. And the motion was laid upon the table. Mr. McClelland moved to reconsider the vote by which the resolu %ion was Cpopted limiting the time of speaking to fivre mianutes. And the motion was laid upon the table. When the Convention adjourned. Lansing, Friday, August 9, 185O. The Convention was catlled to order by ithe President. Prayer by the Rev. Mr. Sanford. The roll being called, there were absent on leave, Messrs Backas, Alvarado Brown, S. Clark, Cook, Crary, Desnoyer, Dimond, Eastrman, Edmunds, Graham, Hathaway, Hixon, Marvin, Mason, Moore, O'Brien, Orr, Raytale, Redfield, E. S. Robinson, M. Robinson, Sul#ivan, Sutherland, Tifany, Wells, Willard, Witherell and Woodman. REMONSTRANCE. By the President: of the Mayor, Recorder and Aldermen of the city of Detroit, against the incorporation of a provision in the co 403 Walker, Webst,o,r,: Whittemo-re 19 l r. AlvDrd, ADd'erson, Barnard,, Arnmon 13.ravn, Cai-r, Church, I Comstock, Crou.-,e, Da'nforth, .M,,r. N. Pierce, I Prevost, Sk-inn.or, Sturgis),, Van ValkWburg, Wait, Warden,, Williams, Pres'ident,.'7 JOURNAL OF THE CONVENTION [Aug. 9; stitution, prohibiting the Legislature,from giving to any city or vile lage, the power of granting licenses for the sale of spirituous li quors, &c. Referred to the committee on the legislative department ~- - -.~MOTIONS AND RESOLUTIONS. Mr. J. D. Pierce moved to recommit the article entitled "Judicial Department,'" (No. 28,) to a committee of one, with the following instructions: Strike out of section 1, the following words: "As many district justices' courts in each organized county, as the supervisors thereof shall, in pursuance of law, establish judicial districts therein, notex seeding the number of representative districts." Amend section 17, by striking out in line 3, these words: "They shall have such criminal and civil jurisdiction," and insert as fol lows: "They shall have civil jurisdiction to the amount of three hundred dollars; and concurrent jurisdiction to the amount of five hundred dollars, and such criminal jurisdiction." Mr. Church moved to lay the motion and article upon the table. Which was not agreed to, by yeas and nays, as follows: YEAS. Alvord, Axford, Carr, Church, Fralick, Gibson, Hanscom, Hart, NAYS. Mr. Butterfield, Chandler, Chapel, Choate, Comstock, Conner, Cornell, Crouse, '- I)anforth, Daniels, Eaton, Gardiner, Green, Harvey, Hascall, 40+. 2' Mr. PER. Adams, W. Adams, Anderson, Ai.zenlo, Bagg, Barniard, H. Bartow, J. Bartow, Beardsley, Beeson,, Britain, Arrnoi Brown, Asahel Brown, Burns,, Bush, Mr. Kingsley, Kinne, Leach, Lovell, McClelland, Mosher, Mowry, J. D. Pierce, N. Pierce, Prevost, Skinner, Soule, Van Valkenburg, Whipple, '44 1850.] TO REVISE THE CONSTITUTION. ' Upon Mr. Pierce's proposition a division of the question was had, And the motion to recommit prevailed by yeas and nays, as fol. lows: YEAS: Mr. Butterfield, Chandler, Corstock, Conner, Cornell, Danforth, Daniels,-, Eaton, Gardiner, Green, Hascall, Kinigsley. Kinne, Leach, Mr. P. R. Adams, W. Adams, Anderson, Arzeno, Bagg, Barnard, H. Bartow, J. Bartow, Beardsley, Beeson, Britain, Ammon Brown, Asahel Brown, Burns, Bush, NAYS: Mt. Alvoid, Mr. Hart, Mr. Rix Robinson, Axford, Harvey, Skinner, Carr, Lee, Town, Choate, Lovell, Wait, Church, McLeod, Webster, Crouse, Mowry, Whittemore, Fralick, Newberry, Williams, Gibson, Robertson, President, Hanscom, 25 The instructions proposed being under consideration, Mr. Walker moved to amend the same by adding as follows: Strike out section 4 and insert in lieu thereof, "the supreme court shall hold at least one term annually in each judicial circuit, at such time and place as may be designated by said court; and the leisla ture may provide for the holding of two terms in each or either of the said circuits in each and every year." Mr. Church moved to amend the amendment as follows: Strike out section 2 and insert therefor one which shall contain the following provisions: "1. The supreme court shall consist of four judges, two of whom shall be elected by the qualified electors of the State and hold office six years. The other two judges of said court shall be the two circuit judges having the shortest term of service. 4100 M, r. McClelland,, Morrison, Mosher, J. D. Pierce, N. Pierce, I Prevost, Soule,.I ,.Storey, Sturgis, -,, Van Valkenburg, W alker, Warden, White, Whipple, 4 JOU-RNAL OF' THE CONVENTIO, [A,g. o, "2. There shall be six circuit courtjudges elected by the qualified' electors of each circuit, to hold office for six years; such judges to be classified so that two of them will be elected biennially. "3. At the first election, under this constitution, there shall be elected four supreme court jiudges, two, of whornm shall hold office oDly two years." Mlr. Chandler moved' the previous question. And the same being demanded, and. the main question ordered to be now put, The amendment offered by Mr. Church to. the one proposed by Mr. Walker, was lost by yeas and nays, as follows YEAS, Alvord, Axf6rd, Bagg, turns, Carr, C,handler, C, hapel, Church, J'. Clark,M Comstock, Crouse, NAYS. M-r. Choate,r Conner, Cornell, Danforth.N Daniels, Eaton, Gale, Gardiner,, G~reen, Hascall, Kingsley,. Kinne, I,Ieach, Lovell, Mr. P. Rl. Adams,, W.. Adams, Anderson, .Arzeno,. Barnard, 1,. Bartow-, J. Bartow, Beardsley, Eeeson, Bnrtain, Aremon Brown,. Asahel Brown, 'eush, Butterfield, rejeed by the following41 rej'eeted by, the followa,ing ltr. Walker's vote: YEAS: Mr. Gibson, Hansctm, UHart, 4" 31 Mr. M,eClelland, Mosher, 1. D. Pierce,, - N. Pierce, Prevost, Skinner, Soule, Storey, Town, .Wait, Warder%. White, W hipplei amendment was then, Mr. Roberts,, RobertsoU, Rix Robinson,. $lr. klvord, Axtord, Britain, 1850.]' TO REVISE THE CONSTITUTION. Harvey, Lee, Lovell, McLeod, Morrison, Mowry, Newberry, NAYS: Mr. Choate, Comstock, Conner, Cornell, Danforth, Daniels, Eaton, Gale, Gardiner, Green, Hascall, Kingsley, Kinne, Leach,, And the question recurring on the proposition of Mr. J. D. Pierce, A division of the question, was had, And the first branch of the instructions was agreed to, by yeas and nays, as follows YEAS. Mr. Choate, Comstock, Conner, A Cornell, Danforth,, Daniels, Eaton,' Gale, Gibson, Green, Hascall, Kingley, Kinne, Lee, McClellandI, Morrison, Mosh~er, Mr. P. R. Adams,. W. Adams,, Anderson, Ar_zeno,, Bagg, Barnard, H. Bartow, J. Bartow, Beardsley, Beeson, Britain, Ammon Brown, Asahel Brown, Burns, Bush, Butterfield, Chandler, 407 Busb, Carr, Chapel Church, J. - Clark, Crouse, Fralick,, Sturgis, Walker,, Webster, Whittemore', Williamg' President, 291, Mr. P. R. Adams., W. Adams, Anderson .1 Arzeno, Bagg, P,arnard, H. Bartow, J. Bartow, Beardsley, Beeso'n,' Ammon Brown, As'ahel Brown, Burns, Butterfield,. Chandler, Mr. McClelland,' MoEiher, J. D. Pierce, N. Pierce, Prevost, Skinner,' Soule, Storey, Town, Van Valkenburg, Wait'I Warden, White, Whipple, 43 Mr. Newberry, J. D. Pierce,, N. Pierce, Prevost, R,obertsoD, Soule, Storey, Sturgis, Town, Van Valkenburg, Walker, Warden, Whit(i, Wbi,pF]e, Williams, Presidentl. 3a JOURNAL OF THE CONVENTION [Aug 9, NAYS. Mr. Alvord, Mr. Gardiner, Mr. Mowry, Azford, Hanscom, Roberts, Carr, Hart, Rix Robinson, Chapel, Harvey, Skinner, Church, Leach, Wait, J. Clark, Lovell, Webster, Crouse, McLeod, Whittemore, Fralick, 22 And the remainder of the proposed instructions were also agreed to, by the following vote: YEAS. Mr. P. R. Adams, W. Adams, Anderson, Arzeno, Axford, Barnard, H. Bartow, Be.ardsley, Britain, Amemon Brown, Asahel Brown, Burns, Bush, Butterfield, Chandler, Mr. Leach, Lee, McClelland, Morrison, Mosher, I. D. Pierce, N. Pierce, Prevost, Soule, Story, Towii, Van Valkenburg, Webster, Whipple, Mr. Choate, Comsatock, Conner, Cornel,l, Crouse, Da nforth, Daniels, Eaton, Fralick, Gale, Gardiner, Green, Hascall, Kingsley, Kiinne, NAYS. Mr. Hanscom, Hart, Harvey, Lovell, McLeod, Mowry, Newberry, Roberts, Robertson, Mr. Alvord, Mr Hanscom, Mr. Rix Robinson, Bagg, HarSturgis, J. Bartow, Harvey, W ait, Beeson, Lovell, Walker, Carr, M cLeod, Warden, Chapel, Mowry, White, Church, Newberry, Whittemore, J. Clark, Roberts, Williams, Gibson, RobertSn, President, 27 And the President, under the resolution, referred the article to Mr. J. D. Pierce, who forthwith reported the same back to the Con vention, amended agreeably to the same. Mr. McClelland called up his motion to reconsider the vote by which the resolution limiting the time of speaking to five minutes was adopted. And the question being upon reconsideration, The yeas and nays were had, and the motion prevailed, as follows: 408 44 1850.] TO REVISE THE CONSTITUTION. YEAS. Mr. Comstock, Conner, Cornell, Crouse,o Danforth, Daniels, Gale, Green, Kingsley., Kirnne, Leach, McClelland, NAYS. Mr. Eaton, Fralick, Gardiner, l Gibson, Hanscom, Hart, Harvey, Hascall, Lee, Lovell, McLeod, M r. Alvord, Mr. Eaton, Mr. Anderson, Fraik Axford, Gardiner, H. Bartow, Gibson, Beardsley, Hanscom, Beeson, K lart, Britain, Harvey, Amrmoii Brown, Hascall, Carr, Lee, Chandler, Lovell, Church, McLeod, Mr. Roberts moved to indefinitely postpone the But the motion did not prevail. On motion of Mr. Eaton, The resolution was amended by striking out'"by leave of the con vention or committee." Mr. Van Valkenburgh moved to strike out "five" and insert "ten,'! A division of the question was had, and The Convention refused to strike out. The question being upon the adoption of the resolution as amen ded, The same was agreed to by a two-thirds vote, as follows: YEAS. Mr. P. R. Adams, W. Adams, Alvord, Anderson, Arzeno, Axford, - Beardsley,, 52 Mr. Lee,>z McClelland, Mosher. Mowry, Newberry, J. D. Pierce" N. Piercer: Mr. Conner, Cornell, Crouse, Danforth, Daniels, Eaton, Fralick, 4-0,9. .Nfr. P. R. Adams, W. Adams, Arzeno, Bagg, Barnard, J. Bartow, Asahel, Brown Burns, Bush, Chapel, Choate, J. Clark,' Mr. Morrison-,' Mcisher,, N. Pierce,', Roberts, Robertson, Store v Van Valkenburg, Wait,. I Warden, " Webster, w 1. ,ite, President, 36 Mowry, Newberry, Prevos4 Rix.Robinson,, Skinner, Soule, Town, Walker, Wh,ittemre, Williamsi 3 ) JOURNAL OF THE CONVENTION [Aug. 9, Britain, Ammon Brown, Asahel Brown, Bush, Carr, Chandler, Chapel, Choate, Church, Comstock, NAYS. Mr. Lovell, McLeod, Morrison, Roberts, Robertson, The President called Mr. Britain to the chair. THIRD RIEADING OF' ARTICLES. The article entitled "Judicial Department" was read a third time by its title. On motion of Mr. Bagg, A call of the house was ordered, and Messrs. McLeod and Roberts were found absent without leave Onr motion of Mr. Hanecom, ings under the call were disp e ing, ntitled'Judicial Department' s were had, and the vote was YEAS. Mr... Butterfield,, Mr. Choate, Conner,, Cornell,. Danforth, Daniels, Eaton, Gale, Gardiner,, Green, Hascall, Kingsley, SKinne, Mr. P. R. Adams, W. Adams, Anderson, Arzeno, Barnard, H. Bartow, J. Bartow, Beardsley, Beeson, Britain,, Ammon Brown, Asahel.Brown, Burns, Bush, 410 Gale,, Gibson, Green, Hanscom, Hart,.' Harvey, I Hascall, Kingslev. Kinne,. Leach, Prevost, Rix Robinson, Skinner,. Soule, Town, Walker, - Web'stei White, Whipple, Williams, 51 Mr. J. Bartow, Beesoii,. B'urns, I J. Clark,, . Gardiner, Mr. Storey, Van Valkenbur Wait, Whittemore, President, 15 )IcC]ellandi Mosher, J. D, Pierce, N. Pierce, Prevost, Skinner, Soule, Storey, Sturgis,, .Town,, Waiti Warden Whipple,. 1850,] TO REVISE THE CONSTITUTION. NAYS. Mr. Alvord, Mr. Fralick, Mr. Newberry, Axford, Gibson, Robertson, Bagg, Hanscom, Rix Robinson, Carr, Hart, Van Valkenburg, Chandler, HIarvey, Walker, Chapel, Lee, Webster, Church, Lovell, White, J. -Clark, McLeod, Whi ttemore, Comstock, Morrison, Williams, Crouse, Mowry, President, 30 So the article was passed, and under the rule, referred to the committee on arrangement and phraseology. The President took the chair. UNFINISHED BUSINESS. The Convention resumed the consideratiou of the article entitled "Miscellaneous Provisions." And the question being upon the motion of Mr. Fralick to strike out section 2, After some discussion, On motion of Mr. Arzeno, The Convention adjourned. Afternoon Session. Two o'clock,. Phe Convention was called to order by the President, A quorum being present, The unfinished business of the morning was resumed. The question being on striking out section 2 of the article entitled "Miscellaneous Provisions," Mr. Alvord moved the previous question. And the same being demanded, The main question was ordered to be now put. And the motion to strike out prevailed by yeas and nays, as follows: YEAS: MMr. Conner, Cornell, Crouse, Daniels,, Eaton, 41 1 -Mr. P. R. Adams, Alvord, Andersob,' Arzeno, Axford: Mr., M-dwry'. Newberry, N'Pierce, Prevos Roberts" ; JOURNAL OF THE CONVENTION [Aug. 9, lFralick, Gale, Gibson, Green, Hanscorm, Harvey, Kingsley, Kinne, Leach,, Lee, Lovell, e McClelland, Mosher, NAYS: Mr. Danforth, Gardiner. Hart, Hascall, Mr. W. Adams, Britain, Butterfield, CG-lapel, Comstock, Mr. Walker offered the following, to stand in lieu of the section stricken out: Sec. 2. The Legislature shall provide by law that lands may be flowed, or water diverted for milling and manufacturing purposes, when the public good will be promoted thereby, and shall provide the manner in which the damage to individuals shall be assessed an-d paid." Mr. Alvord moved the previous question. And the same being demanded, The main question was ordered to be now put. And the substitute was not agreed to. Mr. Butterfield offered the following, to stand as an additional section to the article: Sec. 8. The Legislature shall have power, after the year 1855, to combine or abolish any of the State offices provided for in this constitution. Mr. Robertson moved to amend the foregoing by adding "or abolish any other provisions of this Constitution," and He moved the previous question, and The same being demanded And the main question ordered to be put. The amendment proposed by Mr. Robertson was not agreed toe 412 Bagg, Barnard, H. ]3artow, J. Bartow Beardsley, Beeson, -Ammon Brown, Asah,el Brown, Burris, Carr, Chatidl,or,. cho,ate Churcii, Rix Robinson, Skinner, I Soule, Storey, StLirgis, Town, Van Valkenbur& Wait, Walker, Warden, Webster, Whitternorlp I. 5,4 President, Mr. Morrison,, Robertsop,, 'White, Williams, 13 1850,] TO, REVISE: THE CONSTITUTION. The proposition; of Mr. Butterfield was then rejected. Mr. Whittemore moved to strike out section 6 of the article. Upon which Mr. Morrison moved the previous question. And the same was demanded, and The main question ordered to be now put. The motion to strike out was agreed to by yeas and nays as fol lows: YEAS: Mr. Carr, Chandler, Choate, Comstock, Conner, Cornell, Daniels, Fralick, Gale, Gibson, Green, Hascall, Kingsley,' Leach, NAYS: Mr. Gardiner, Hanscom, Hart, Kinne, McClelland, Mosher, J. D. Pierce, a rPobertson, Rix Robinson, Mr. Williams offered the following new section, to stand as section 5: The waters of this State, navigable in fact, shall be common highways and for ever free to the inhabitants of this State and the Uni ted States. Which was rejected by yeas and nays as fol!ows: YEAS: Mr. P. PR. Adams, Arzeno, Bagg, H. Bartow, J. Barro, Mr. Church, Comstock, Daniels, Gardiner, 3Hanscom, 413 M, Y. P. R. Adams, W. Adams, Arzeno, Axfod, Bagg, I Bariiard, B. Bartow, J. B,Iartow, Beardsley, Beeson, BritaiD, Am.mon Brown, Asahel Brown, Burnis, Mr. Lee, Lo%-ell, Morrison, M,owry,,, Newberry,, N. Pierce, Pievost, Roberts, Town,,, Van Valkeriburg, Wait, . Wali, er, Warden, Whittemore, 4t Mr. Alvord, - Anderson, Bush, Butterfield, -Chapel, Church,, Croti,-,e, Danforth, Eaton, - Mr. Skinner, Soule, I Storey,. Sttlrgis, W6b.ter,. White, Willia.ms,. President,. 26 Mr. RobertsoD,, Sturg.is, I I TOWD, Van Valkenbur . I I., g, Walker,., -' JOURNAL OF THE CONVENTION [Aug. O, Kinne, Morrison, Mosher, ,Mowry, Newberry, NAYS: Mr. Cornell, Crouse, Danforth, Eaton. Fralick., Gale, Gibson, Green, H art, HIarvey, Hascall, Kingsley, Lee, On motion of Mr. Conner, The following were added as additional sections to the article: Sec.-. An accurate statement of the receipts and expenditures of the public moneys shall be attached to, and published with, the laws, at every regular session of the Legislature. Sec. -. The Legislature shall provide for the speedy publication of all statute laws of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial decisions shall be free for publication by any person. Mr. Daniels offered the following, to stand as a new section: "Tihe Legislature shall, as soon as practicable, establish a house of correction for juvenile and female offenders. And the same was negatived by yeas and nays, as follows: YEAS. Mr. Crouse, Daniels, Green, Hanscom, Harvey, Leach, McClelland, hMowrv. J. D. Pierce, N. Pierce, 4l 4 Webster, White,, Whiuemorp, Willianis, Asahel Brown, Butterfield,' Ca", Chandler' I Chapel, 29 Mr. W. Adams, Alvord, Anderson, Axford, Barnard, Bear-dsley, BeesOD, Britain, AmmonBrown, Bush, Choate, Conner, - Mr. Lo%,ell,, I McClelland, J. 11). Pierce, N. Pierce, Prevost, P,ix Robinson, Skinrier, Soule, Storey,, Wait, Warden, President,-' 37 Mr. P., R., Adams, Barnard, Beardsl,ey, Bush, Butterfield, .,Carr, ,-Chandler, Chapel' -Comstock, Cornell, Mr. P.revost, Robertson, 'Storey,, "I Sturgi-,4, . Vaii Valkenburg, Walker, W hite. Wilittemore, Williamsy 29 1850.] TO REVISE THE CONSTITUTION. NAYS. Mr. B,rns, Choate, Church, - Conner, Danforth, Eaton, Fralick, Gale, Gibson, Hascall, Kinne, Lovell, Mr., W. Adans, Mr. Bjrns, Mr. Morrison, Alvord, Choate, Mosher, Anderson, Church, Newberry, Arzeno, Conner, Rix Robinson, Axford, Danforth, Skinner, Bagg, Eaton, Soule, H. Bartow, Fralick, Town, J. Bartow, Gale, Wait, Beeson, Gibson, W arden, Britain, Eascall, Webster, Ammon Brown, Kinna, President, Asahel Brown, Lovell, Mr. Hascall offered the following, to stand as a separate section "The Legislature shall prescribe by law the manner in which the State printing shall be executed, and the accounts rendered therefor; and shall prohibit all charges for constructive labor." Mr. Roberts moved to amend the foregoing by adding thereto, "anld the legislature shall appoint their own state printer." Which was not agreed to, by the following vo'e: YEAS. Mr. Hart, Hascall, Roberts, ,. Bartow, Beardsley, Carr, Hanscom, NAYS. Mr. -W. Adams, Alvord, Anderson, Axford, Bagg, Barnard, H. Bartowv, Beeson, Britain, Ammon Brown, Asahel Brown, Burns, IButterfield, Cba ndler, Chapel, Choate, Church, Mr. Comstock, Cornell, Crouse, Danforth, Daniels, Eaton, Fralick, Gale, Gardiner, Green, Harvey, Kingsley, Kinne, CLeach, Lovell, McOlelland, Morrison, Mr. Leach moved the previous question, and The same being demanded, 415 315 Skinner, Sturgis, White, 110 lvl r.IMosh:er, Mowry, New'berry, J. D. Pierce, Pre'v'ost, -Rix Robijison,, Soule, Storey, Town, Van Valkenburg, Wait, Walker, Warden, Webs'er, Whittemore, Willian)s, Presi dent, 51 JOURYNAL OF THE CONVENTION [ The main question was ordered to be now put. And the propositon Of Mr. Hascall was agreed to by the following vote: YEAS. Mr. Comtnstock,. Conner,. Crouse, Danfo rth,. Daniels, Eaton, Fralick, Gale, Gardiner, Green, Hart, Harvey, Hascall, Kinne, Leach, Lovell, McClelland, Morrison, Mosher, NAYS. Mr. Hanscom, Robertson, Mr. Soule offored the following, to stand as an additional section: "The laws, public records, and the judicial and legislative written proceedings of the state shall be conducted, promulgated and preserved in the English language." And the same was adopted. Mr. Corne:ll offered the following additional section: "The Governor, after 1856, may, in his discretion, assume the leg. islative and judicial departments of the governments." Which was subsequently withdrawn. Mr. Hart offered the following, to stand as a separate section: $'The legislature shall provide, that after the year.1854; all taxes except upon property paying specific taxes, shall be levied and collected in the townships and counties." M r. Arzeno moved the previous question on the article. And tl)e same was demanded, and the main question -was ordered to be now put. -4116 [Aug. , Mr.. P. R. Adams, W. Adams,, Anderson,. Bagg, B,arnard, H. Bartow, J. Bartow, Beardsley, Beeson, Britaiii, Ammon- B,own-' Alsah6l, BroWD,. Burns, Bush, Butterfield', Chandler, Chapel, Choate, Church, Mr. M,,owrv, Newberry, N. Pierce, Prevost,, Rix Robinson, -Ski,nrier, Soule, STLI rge,s, Town, Van Valkenburg Wait, Walker, Warden, Web.,terl:, White, Whittemore, Williams, Presiden't, 56 Mr. Alvord, . Arzeno, Mr. Storey, 5 1850.] TO REVISE THE CONSTITUTION. The proposition of Mr. Hart was disagreed to by the following vote: YEAS: Mr. Gale, Mr. Gardiner, Green,, Hart, Harvey, Leach, Loveli, Morrison, J. D. Pierce, N. Pierce, NAYS: Mr. Chiurc,h, Mr. Comstock, Cornell, Crouse, Danfot th, Dan,iels, Fralick, Gibson, Hlianscorn, Hascall, Kinrgslev, s ordered to a third readihag. Nr. P. R. Adamtrs, Alvord, Arzeuao, Bagg, Barnard, Britain, Aemmon Brown, Burns, Bush, Chapel, Choate, Mr. J. D. Pierce moved to adjourn. Mr. Chap)el moved a call of the house. But the call was not sustained. 4n motion of Mr. Hanscom, The Convention adjourned. Lansing, Saturday, Augfust 10, 1850. The Convention was called to order by the President at the usual houlr. Prayer by the Rev. Mr. Sanford. The roll being called, there were absent on leave, Messrs. Backus, Alvarado Brown, S. Clark, Cook, Crary, Dimond, Eastman, Edmunds, Graham, Hathaway, Hixon, Marvin, Mason, Moore, O'Brien Orr, Raynale, Redfield, E. S. Robinson, M. Robirison, Sullivat, Sutherland, Tiffany, Wells, Willard, Witherell and Woodman. Without lenv, Mr. J. Clark. 417 m Prevo.st, tskiiii-ier, Sotll(-,. I , (i I, , I -", Wai t, W,,,tlker, WI)ite, -' 'Wilittemore, Williams, 30 Kiiine, McC]eiland, M ostier,, Mow ry,, Newberrv,, Robertson, -' Rix Robitison, Storev, War(lei-j, Pre.iderit,, 32 JOURNAL OF THE CONVENTION LEAVE OF ABSENCE Mr. Bagg asked and obtained leave of absence for himself, indefinitely; and Mr. Butterfield for Mr. J. Clark, the same. REPORTS. Mlr. Storey, from the committee on salaries, reported an article entitled'Of Salaries." Which was read the first and second time by its title, referred to the committee of the whole, and placed on the general order. Mr. McClelland, from the comfi ittee on the legislative department, to whom was referred the petition "of George Goodman, W. H. McComber and 147 others, praying the incorporation by the Convention of a clause in the constitution, prohibiting the collection of all debts, of a less amount than one hundred dollars, if contracted after the adoption of the constitution," reported the same back to the Corivention, recommending its reference to the committee on the judicial department, and asked to be discharged from its further consideratiotn. The committee was so discharged, and, On motion of Mr. Robertson, The consideration of the petition was indefinitely postponed. Mr. McClelland, from the same committee, to whomn was referred the remonstrance of "the Mayor, Recorder and Aldermen of the city of Detroit, against the incorporation of a provision in the constitution, prohibiting the Legislature from giving to any city or vilLge, the power of granting licenses for the sale of spirituous liquors,.,' reported the same back, and asked to be discharged from its further consideration. The committee was so discharged, and the remonstrance laid upon the table. MOTIONS AND RESOLUTIONS. Mr. Hanscom moved that the printing of the journals of the daily proceedings of the Convention, be dispensed with for the remainder of tne session. W"hich, after some debate, was withdrawn. THIRD READING OF ARTICLES. The article entitled "Miscellaneous Provisions," coming up for a third reading, 418 [Auc,.-. 10, 0 8Q50.] TO REVISE THE CONSTITUTION. Mr. Leach moved to recommit to the committee on miscellaneous provisions, with instructions to insert the following, to stand as a separate section: "The propertyof all pers,ons who by law are prohibited from voting,on account of color, shall be exempt from taxation." Mr. Church moved to amend, by adding thereto: ";Also report the following as an additional section to the article, "To promote the early sale and settlement of the unappropriated public lands now held by the United States exempt from taxation, within this State, the legislature is hereby authorized to take all ne cessary and proper steps to procure a cession of said lands to the State whenever they can be obtained on just and advantageous terms; and whatever sum, if any, shall be realized from the sales of the land so acquired, after repaying to the State the amount ofall advances made on account of the purchase, management, sale, and settlemrent of the same. together with interest thereon, shall consti tute a permanent fund, for the benefit of education and the support of such d(eaf, durnb, blind and insane persons as are unable to support themselves." Mr. B)ritain moved to amend the foregoing, by inserting after the word "terms," "Not exceeding the average value of said lands to the United States, during the tel years next preceding the adoption of thiscohstitution." But the same was not agreed to. MAr. Walker moved to amend the proposition of Mr. Church, as follows: Strike out in line 5, after the word "after," the words "repaying to the State the amount of all advances made, and insert, "deducting the amount paid." Arid insert at the end thereof, the following: "Nothing herein contained shall be construed to authorize the Legislature to pledge the payment of any sum or sums therefor, except out of the proceeds of the sale thereof." Which was accepted by Mr. Church, and His proposition was then disagreed to. 4,lf) 4J20 4 JOURNAL OF THE CONVENTION. [Aug. lo, Mr. N. Pierce moved to amend the instructions proposed as follows: Also to report a separate section, as follows: "The legislature shall provide that after the year 1&53, all taxes, except upon property paying specific taxes, shall be levied and collected in the respective townships and counties." Mr. Ammont Brown moved the previous question on the article. The sanie being demanded, The main que,tioni was ordered to be now put. ,Mr. J. D. Pierce moved to reconsider the vote ordering the mnai question to be put. And the same prevailed by yeas and nays, as follows: YEAS. Mlr. W. Adams, Mr. C,)mstock, Mr. N. Pierce, Anderson, Cornell, Prevost, Barnard,' Gale, Soule, H Bartow, Green, Sturgis, J. Bartow, Hart, Van Valkenburg, Beard,dey, Harvey, Waite, Asahel Brown, Hascall, Walker, Burns, Leach, Webster, Butterfield, L,,)vell, White, Carr, Moore, ~ hittemore, Chatdler, M,,'ri-on, Williams, Church, J. I). Pierce, P1'resident, 3(; NAYS. Mr. P. R. Aams, Mr. 1)iitorth Mr.Mc~le_l_ nd iMr. |)alitbrth. Deio()yers, StiEalon, Mr Axtor(~~, Fr~l'kft, Neuery Gardi,,er, n Hanscorn, K,Ijg,ley, KiliJ,e, Marvin, n being, question be now put, in the negativ e by the foll YEAS. Mr. Deslnoyers, Eaton, 31 Mr. P. R. Adams. Alvord, Mr. MeClelloan,d, Mosher,, 1850.] TO REVISE THE CONSTITUTION. Arzeno, Axford, Beeson, Ammon Brown, Bush, Church, Crouse, Danforth, NAYS. Mr. Comstock, Conner, Cornell, Daniels, Gale, Green, Hart, Harvey, Hascall, Leach, Lovel)], Morrison, J. D. Pierce, Anid by the rule, the consideration of the article being suspended for the day, Mr. Hanscom moved to suspend the rule. ays being had, the result wa YEAS: Mr. Daniels, M. Des'ioyers, Fralick, Gibson, Green, Hanscom, Hart, Harvey, Hascall, Leach, Lovell, Marvin, McClelland, Morrison, Mosher, Newberry, NAYS: Mr. Arzeno, H. Bartow, Mr. Cor nell, Eaton, 4121 Fralick, Gardiner, GibsOD, 1-1 anscom, Kitigsley, Kinne, Marvin, Alowry, Newbe'rry, Roberts,' Itix Robinsori, Storey, TOWD, Warden, B )V,r. W. Adams Anderson, I Barnard, B. Bartow, J. Bartow, Beardslev, Britall), As,jhel Brown, Burtis,, But,,ei,field, Carr, Cliandler, CilLilCh, ,Wr. N. Pierce, Prevost, RobertSOD, Soule, Stu rgis, Vaii Valken.burg, Wait, Webster, W bite, Whittemore, Wi)ljams, Pre,,,idei,i t, 3 Mr. P. R..Adams, W. Adarns,. Alvord, A. x ford, Bariiar,3, J. Bartow Beeson, Am.,Don Brown, Asahel Brown, Butterfield, Carr, I Choate, Cornstock Coriner, Crouse, Danforth, J. D. Pierce, N. Pierce, Prevost, Roberts, Robertson, Rix Robinso,,n, Soule, Storey, Wait, Walker, Warden,, Webster, ,Whi-pple,. Whittemore, Williams, 47 Mr. Moore, Mowry, JOURNAL ~ TIHE CONVENTIlON [Aug. 10, Britaiin Gae, Sturgis, B1urnc, Gardirier, VTiiVaikenburg, Busht, Kigsley, White, Chadler, Kindle, President, ChIlhur 9, So the rule wns suspended, two-thirds having voted therefor. Air. McClelland moved a call of the f[ouse. Anrd the same was ordered, and Messrs. Anderson, Beardslevy, Chaoe, Lee, M/icLeod and Skinner. were absent without leave. Leave was asked and obtained for P/iee:rs r3le.Leoci and Skinner, and, On motion of Mtr. McClelland, Thie Sergeant:at-Arms wvvas despatched for Messrs. Andersorn Beairdsley, Chapel and LTee, WNho soon thereafter appearing in their seats, On motion oif Mr. Leach, All further proceedings under the call were dispensed with. The question recurring upon itr Leach's motion to recomrnmt the article Miscellaneous Provisions with instructions, A division of the question wa:- had, And the motioin to recoanmit first put, and lost by yeas and nays a follows: YEAS, Mr. Cormstock, r CoAlo. er, Daniels,, Gaie, Green, AHart, Harvey, Leach, Lovell, Moore, NAYS, Mr. Danforth, Desnoyers Eaton, A Fralick, o Gardiner,o Gibson,, Hans5om, 42,2 Gale, Gardirner, Kiogsley, Kinn-e, Sturgis, 'VaniVailienburg, White, 1' resident, Mr. W. Adams, Atnderson, H. Bartow, J. Bartow, Beards;ey, Asahel! Brown, JBurns, Butterfield, Carr, Chandler, J. D. Pierce, N. Pierce, Prevost, SOLule, Town, Van Valkenburg., Wait, White, Wiliams, 30, 'lklr. P. R. Adamns, Alvord~, Arzeno Axfbrd, Barniard, Beeson, Britain', MrL Mowry, Newberry, Roberts, Robertson, Rix Robinson, Storey, Sturgis, Beeson, Britain, Ammiron Brown, Burl].s, Bush, Chandler, Chapel, Choate, Church, Comstock, Soule, Storey, Town, VanValkenburg, Walker, Warden, Webster, Whipple, VWhiLtemore, NAYS. Mr. Anderson,:r. Gardiner, Mr. N. Pierce, :arrard, Green, Prevost, It. Bartow, Hanscomr, Roberts, J. Bartow, Hart, Sturgis, Asahel Brown, Leach, Wait, Carr. Lovell, White, Danie1ls,e Moore, Williamn)s, Gale, J. D. Pierce, President, 24 So the article was passed, and under the rule, referred to the committee on arrangement and phraseology. Mdc. MeClelland moved to suspend the rules limiting the time of de bate, so far as it referred to proceedings in committee, during the timtn the article entitled Upper Peni.nsala was under cotsi leration. And the same prevailed by a two.thirds vote, as follows: YEAS. Mr. Anderson, Mr. Danfortl), Mr. Newberry, Arzeno, Desnoyers, N. Pierce, Fralick, Gibson, 1-Iarvey-, flascall, Kiiig,sley, Kinne, Lee, -larvin, iMcCielland, 46 424 JOURNAL OF THE CONVENTION [Ang. i, Eaton, Gardiner, HGibson, - rlanscom, Hn ascall, Kinigsley, Kinne, Lee, MC arvin, CMcClelland, Morrison, ol)sher, Mowry, NAYS. Mr. Green, H art, Harvey, Leach, Lovell, Moore, On motion of Mr. Whipple, The Convention resolved itself into the article entitled "Of Upper Peninsula, Mr. Walker in the chair. PROCEEDINGS IN COMMYrTT',TE Section 1 having been read, On motion of Mr. J. Bartow, "OIte circuit," was stricken out, and the words, "a district," inserted in line 5. On motion of Mr. J. Bartow, ,-Other," was stricken out of line 6, and the words, "and hold his office for the same period," was inserted after the word ",State." On motion of Mr. Britain, The words, "the boundaries of," were stricken out of line 2. Mr. Williams offered the following, to be inserted in 6th line, after the word "State:" "Provided, That for the choice of a Regent of the University, the erritory described shall be annexed to the same judicial circuit as the county of Wayne." Which was not adopted. On mction of Mr. Church, Axford, B,irnard, H. Bartow, J. Bartow, :Beeson, Britain), Amrnon Brown, Burns, Chapel, Choate, Churceh, Cornell, Crouse. Roberts, Roberts'on, Rix Robinsony Storey, Sturgis, Wtalker, Wairden, Web,ster, White, Whipple, Whitteriore, President, 44 Mr. P. R. Adams, Wy. Adams, Asahel Brown, Carr, DIai,iels, Fralick, Mr. Prevost, Soule, Town, Wait, Williaims, 17 commitee of the whole c:i 1i850.1 TO REVISE THE CONSTITUTION. The following was inserted after "district," in line 7: "Who shall have power to issue his warrant for the arrest of offenders, in cases of felony, returnable according to provisions of law." On motion of Mr. Kingsley, The words "in their respective circuits," were inserted after "State," in 6th line. On motion of i4r. flascall, The words "to be elected by the qualified electors of said district," were inserted in 5th lihe, after the word "judge." Section 2 was read, when Mr. Fralick moved to strike it out. But the committee refused to strike out. Section 3 was read, when Mr Fralick offered the following as a substitute for said section: 'The counties of Mackinaw and Chippewa, with the territory thereto attached, shall be entitled to one representative to the State Legislature; the counties of Delta, Schoolcraft and Marquette, with the territory thereto attached, shall be entitled to one representative; and the counties of Ontonagon and Houghton, with the territory thereto attached, shall be entitled to one representative." Pending which, on motion of Mr. Eaton, Tthe committee rose, reported progress and asked leave to sit again. The committee, through their chairman, reported the same back and asked and obtained leave to sit again. On motion of Mr. Church, The Convention adjourned. Afternoon Session. Two o'clock. The Convention was called to order by the President, and a quiorum being present, On motion of Mr. Hanscom, It was resolved into a committee of the whole on the article entitled "Of Upper Peninsula," Mr. Walker in the chair. 54 42,& JOURNAL OF Tfi3 CONVENTION [Aug. 10, PrOCEEDINGS INT COMMITTEE. The committee resumed the consideration of Mr. Fralick's substitute for section) 3, when it was withdrawn, and the following offered in its stead: "The territory embraced n the first section of this article, shall be entitled to three representatives." Mr. Cornell moved to strike out "'three," and insert "four." Which was withdrawn, A division of the question being called for, section 3 was stricken out. Mr. Fralick's substitute was then adopted. Section 4 was then read; when, Mr. N. Pierce moved that it be stricken out. On motion of Mr. Church the word "shall"' was stricken out of line I and "-may" inserted; also the words in same line, "for the dis. t,riect attorney and," The motion to strike out did not prevail. Section 5, 6, 7, S and 9 were read, WJhen Mr. N. Pierce moved to strike out sections 6, 7 i and 9,. WVhich motion was withdrawn, And on motion of Mr. Leach the committee rose, reported the artidele back with the amendments, asked the concurrence of the conrvention therein, and to be discharged from the firther consideration thereof. The cormmittes throug[h their chairman, reported back the samo: with sundry amendments, in which the concurrence of the conve — tion was asked. Mr. Roberts moved to adjourn. But the convention refused to adjourn. Mr. Roberts moved that the consideration oif the article, with amendments, as reported by the committee of the whole, be postponied until Monday next, and be made the special o4rdr of that day, Upon which the yeas and nays were had And the motion was Iost as follows 42,6, Britain, Gibsor, own, 0 Amrmon Brownl, Green, WVit, Asabel Browi, Harvey, W alker, Butterfield, Leach, Warden, Carr, Lovell, Whittemore, Chandler, MlcCelland, 1Williams, Chapel, 34 On motion of Mr. MIcCIelland, 'Trhe article was laid upon the table. On motion of Mr. McCelland, The committee of the whole was discharged from the cocsi4eri. tion of the article entitled "Of Salaries," and The same was talen up for consideration. Mr. Fralick moved to amend the ariticle by striking out " one tlhousandl" when it occurs relative to the State Treasurer, and ia serting "eight hundred." Mlr Roberts moved to amend the same by inserting "$50.': x,Vhich was not agreed to. UJpon the proposition submitted by Mr. Fralick, the yeas and na:s; were had, And the same was not agreed to as follows: YEAS. Mr. P. R. Adams, Mr. Fralick, Mr. Mosher, Barnard, Gale, Newberry, I1. Bartow, Gardiner, N. Pierce, Ammorn Brown, Hlart, Prevost, Town, W,ait, Wal ker, W arden, Whittemore, N'7lliams, Gibsori, Green, Harvey, Leach, Lovell, iA,lC',e'ila iid. 13usn, 1'orrison, Williams, Chapel, Mowry, President, 33 Mli. Hascall moved to atmeind so much of the article as relates to judges of the sutpreme court, by striking out "fifteen hundred" and injserting' twelve hundred." M,r. Roterts moved to insert "sixteen hundred.' A division of the question was had on striking out the amonnt contained in the article, And the motion to strike out was lost by yeas and nays as follows: YEAS. Mr. Gardiner, Green, Harvey, Hascall, Lovell, Newberry, NAYS. Mr. Church, Conner, Cornell, Crouse, Danforth, Daniels, Desnoyers, Eaton, Gibson, Hanscomn, Hart, Mr. Britain, Bush, Carr, Chatidler, Fralick, G ale, Mr. N. Pierce, P revos 0 Skinni-e-r, Vait, Webster, 47 Mr. P. R. Adams, W. Adams, Alvord, Anderson, Arzeno, Axford, Barnard, H. Bartow, J. Bartow, Beeson, Amhmon Brown, Mr. Morrison, Mosher, Mowry, Roberts, Robertson, Rix Robinson, Soule, Town, VanV alkenburgh, Walker, Wardenr, 1850,.] TO REVISE THE CONSTITUTION. Asahel Brown, Kinne, White, Burns, Lee, W iuttemore, Butterfield, Marvin, W ^ilIians, Cha;el, McClelland, / oodnlan, Choate, Moore, President, 48 Mr. Church moved to amend by adding to the article, "and no fees whatever for the performance of any duties connected with bheir office." Mr. Williams moved to insert after "fees," the words "or perquisites," which prevailed. And the amendment as amended was agreed to. Mir. Eaton moved to adjourn, But the Convention reflised to adjourn. Mr. McClelland moved to strike out the entire article. Mvlr. Danforth moved to adjourn. But the convention refused to adjourn. Mr. Britain offered the following substitute for the article: "Executive, judicial and state officers shall receive such compeusationas shall be prescribed by law, but such compensation shall neither be increased nor diraiinished during their conitinuance in office." Mr. Alvord moved the previous question on the article, A,nd a quorum not voting thereon, Sr. Moore moved a call of the (Convention. Mlr. J. Bartow moved to adjourn. But the Convention refused to adjourn. Upon the question for a call of the Convenition, the yeas and nays were had, And the same was lost, as follows: YEAS. Mr. Rix Robinson, Van Valkenburg, Wait. Webster, W,V hite, Mr. Danforth, Gardiner, Htart, Marvin, Mosher, Robertson, NAYS. Mr. Conrner, Cornell, Daniels, s Desn~overs, I-r. Moore, Mowry, Morrisorn, Newberrv. 2 9 -Mr. A riderson, Arzetio, J.'Bartow, BritaiD, Chaiidler, Crouse, 17 0 Mr. P: I?,. Adams, W."A'am-, " I ivord 9 Barnaid, Aays, as follows: YEAS: Mr. P. R. Adams, Mr. Choate, Mr. HIascall, W. Adams, Church, Kinne, A1 vord, Cornmstock, McClelland, Anderson, Conner, Moo re, Arzeno, Corell, }losher, Barnard, Crouse, Mowry, J. Bartow, Daniels. Newberry, Beeson, Desnoyers, IRix Robinson, Atrmonr Brown, Eaton, Soule, Asahel Brown, Fralick, Walker, Burns, (ibson, Whipple, Carr,. a nscom, Whittermore, Chandler, Harvey, Williams, 3 NAYS: i)r Britain, Nir. Hart, Mr. Van V alkenburg, Bush, Lovell, Wait, Butterfield, Morrison, Warden, Chapel N. Pierce, Webster, Gardiner, Iobertson, White, Green, Town, President, 18 And the question being upon striking out the entire article entitled 'Of Salaries,' The yeas and nays were ordered, and the result was as follows: YEAS. IMr. P.R. Adams, Mr. Choate, Mr. Robertson, Arzeno, Hart, Rix Robinson, J. Bartow, Lovell, White, Britain, AIcClelland, Pr6sident, 14 Burns, Roberts, -850.]- TO REVISE THE CONSTITUTION. NAYS. Mr. W. Adams, Mr. Crouse, Mr. Morrison, Anderson, Danforth, Mosher, Alvord, Daniels, Mowry, Barnard, Desnoyers, Newberry, Beeson, Eaton, N. Pierce,. Ammon Brown, Fralick, Soule, Asahel Brown, Gardiner, Town, Bush, Git)son, Van Valkenburg, Butterfield, Green,'W ait, Carr, fl]anscom, Warden, Chandler, ilarvey, Webster, Chapel, Hascall, W hi ppe, Church, Kinn'e, W Iittemnore, Comstock, Lee, Williams, Conner, Marvin, Woodman, Cornell, Moore. 47 So the article was not stricken out. Mr. Barnard moved to adjourn. But the Convention refused to adjourn. The article was ordered to a third reading. MJr. Britain moved to reconsider the vote by which the article entitled "Miscellaneous Provisions" was passed, which motion he moved to lay upon the table. The convention refused to lay the motion on th-etable, when. Mr. Britain withdrew it. Mr. Walker moved to reconsider the vote by which the article en - titled "Salaries" was ordered to a third readinig. Mr. Williams moved the previous question; Mr. Robertson moved to adjourn. And the convention adjourned. Lansing, Monday, August 12, 1850. The President called the Convention to order at the usual hour. Prayer by the Rev. Mr. Tooker. The roll being called, there were absent on leave, Messrs Backns, Bagg, Alvarado Brown, S. Clark, J. Clark, Cook, Crary, Dimond, Eastman, Graham, Hathaway, Hixon, Mason, Moore, Raynale, Redfield, E. S. Robinson, M. Robinson, Sullivan, Sutherland, Tiffany, Wells, Willard and Witherell. 431 JOURNAL OF THE CONVENTION [Aug. 11, LEAVE OF ABSENCE. Mr. Britain asked and obtained leave of absence for Mr. McClelland for the day, and Mr. Butterfield for Mr. Story, for an indefinite period. PETITIONS. By Mr. Leach: of Nornma. Little and 71 others of Saginaw CGo., praying for the insertion of an article in the Constitution, making it the duty of the Legislature to obtain if possible a cession of all unsold lands in this State, &c., &c. Laid upon thie table. REPORTS. Mr. Hart, frcm the Committee on schedule, submitted an article entitled "Schedule," which vwas read lat and 2d time by its title, laid upon the table, and ordered i)rltled. MOT'tONS AND RESOLUTIONS. Mr. Gale offered the following Resolved, That the coItllJittee on printing be requested to cause the report of the committee on suplplies and expenditures to be printed and laid upon the table of the members of the Convention on Thursday mnorning next. Mr. Robertson moved to a,iend, by adding, "and that one thousand copies be ordered printed for the u,e of the delegate frotn Genesee, Mr. Gale, which he subseqien-tly withdrew. Mr. Alvord ma)ve to iliuefimitely postpone the resolution, which motion was wit'hdrawn. Mr. brttaitn ioved to amenld the resolution, by adding,,'and such printing shrill i')iiear in tie Jourinal of the last day's proceedings of the Coniveintioin.'" But the ametidinent did not p, evail. Mr. Gale modified his re,olutltii, so that thle matter required to be printed should appear in the ptrintted jour-ial of to-day's proceedings; and as mtodified, the resolution was adopted. M. Hanscom stubiinted the followiiJg report on the 7th inst. "Pursuant to the instructions of the Con veitioni, the committee on supplies and expenditures respectfully report: That they have purchased the amount and kind of stationery specifically stated and set forth in the bills now in the hands of the Secretary of the Conven 432 1850.]. TO REVISE THE CONSTITUTION. tion, numbered from one to five inclusive, and made a part of this report; that bills for some small amounts' purchased in' this vilule, have not as yet been presented and filed; that one considerable item of expense incurred consisted of purchases of appropriate materials to carry out the resolution of the Convention upon the melancholy announcement of the death of General Taylor, late President of the United States. The committee respectfully refer the Conven tion to the proceedings -of the 5th and 19th of June. On the last named day the chairman of your committee proposed to the Convention the following resolutions, in obedience to the wish. es of the committee: "Resolved, That from and after this day the post master of this village be not authorized to charge to the Convention or State any postage on any mailable matter, sent or mailed'by members or offi cers of the Convention, and that the Secretary notify the post master accordingly. "Resolved, That from and after this date there be printed for the use of the Convention but 240 copies of the journal." The passage of the resolutions had the effect to reduce the daily current and incidental expenses of the Convention to an amount varying from thirty-five to fifty dollars. The committee also suggest, that by reason of the system- of' reporting, adopted by order of the Convention, an increased quantity of stationerv has been necessarily required; add that for the purpose of making that branch of duties as effectually performed as practicable, and at the urgent request of the reporters, your committee purchased twelve reporter's pens, with gold points, at a'cost of one dollar each. One-half have been, already placed in the hands of the reporters and Secretaries of the Convention. The balance, in conjunction with a large amount of the stationery purchased- ink, sand, wax, wafers, envelopes, &c., &c.-will be on hand and unused, and by the Secretary of the Conveintion, delivered over to the Secretary of State for the use of the State. A comparison of the current and incidental expenses of this Convention (aside from pay of mem'bers) with former Constitutional Cb6nv'entions or Legislative bodies in this State, number of members a n d officers and length of session considered, show, as your comit 55 403 I JOURNAL OF THE CONVENTION [Aug. 12, tee believe, a reduction of nearly two-thirds, and a consequen of the amount of several thousands ofdollars to the tax-p. the State." The Constitutional Convention, :; - ~To Turner & Seymour, To 6 Ink-stands, 2 reams Letter Paper, 5 ":Cap " Dr. $1 50 5 o00 $22 75 $29 25 Rec'd payment, July 20, 1850, TURNER & SEYMOUR. State of Mihigan, To Mrs. Allen, . To: repairing flag, State of Michigan, To F. M. Cowles & Co., .: To bill of Inkstands, pet E. B. Danforth, A. H. Hianscom, To 0. P. Burt, To6 quire of fine Envelope Paper, for use of the Convention, Lansing, August 5, 18 50. The Constitutional Conventinon, To Jas. A. Bascom, To 1 Broom, is. 3d., 14 1 " Is. 3d., 1 Pail, 2s. 6d., I 1 Broom, is. 3d.., 5J Crape, 4s,, 2 5 1 paper Pins, 10c., 64 Bombazines, 8s., Crape, 4s., 1 pair Shears, 4s., 1 1, 1 ": 4s., 1 Broom, Is. 3d., $16 16 31 16 2 75 10 6 75 19 50 50 16 $11 74 Lansing, August 2, 1850. 434 D,r. $,O.,,,5,,O Dr.; $2 00 Dr. $2 25 Dr. 141 July l0,; 23, 1850.] TO REVISE THE CONSTITUTION. Detroit, June 7, 1850. State of Michigan, Bought of F. P. Markham & Bro.: 12 doz. Inkstands, 8s., 1 gross Penholders, 20s., 4 gross Gillott's Steel Pens, 163, $1,, 25 lbs. Sealing Wax, 12s., 3000 Quills, No. 60, $2,872, 20 doz. Lead Pencils, 4s., 5 reams:Letter Paper, P. & S., 20s., 10 Gum Arabic, 8s., 20 doz Red Tape, 4s., 10 M Envelopes, 12s., 11 lbs. Wafers, 8s., 10 reams P.O. Envelope Paper, $5,0, 1 do Blotting Paper, 5 do Engrossing Paper, $6,50, 8 doz. Inks, (pints,) $3,50, 4 doz." (quarts,) $4,50, 10 reams cap Paper, $3,00. 2 gross Paper Sand, $6,00, 12 doz. Sand Boxes, $2,00 12 doz. Wafer Boxes, $2,00, 10 doz. Letter Folders, (ivory,) $3,00, $12 00 2 5O 87i, 7 50 37 50 -86 25 10 00 ,eri,,y6, 12 50 10 00 15 00 1150 D), 50 00 5 00 32 50 28,00 18 00 30 00 12 0. 24 00 24 00 30 00 $468 25 5 50 $473 q5 Detroit, July 6, 1850.: Freight by express train, To F. P. Markham & Bro., Dr. (Per order of A. H. Hanscom, Com. on Supplies,) June 7-For bill of Stationery rendered, $47.3 75 18, 1000 Envelopes, 2 00 "18, paid freight on box to Jackson,:50 July 1,,1 doz. Gold Pens, 12 OQ " 1, 1 gross Steel Pens, 163 Gillott's, 2 00. 43'5. s JOURNAL OF THE CONVENTION [Aug. 12, July 1, 1 gross Pen Holders, 2 25 " 1, 1 gross Lead Pencils, 6 00 5, 5 5 reams Letter Paper, $3,50, 17 50 ";6, 5 do do in 4to. packages, $4, 20 00 " 6, paid freight on box to: Jackson, and cart'ge, 1 00 $537 00 Deduct 5 reams letter paper not received,.l 20 00 $517 00 Received, Lansing, July 20, 1850, of A. H. Hanscom, Chairman of the committee on supplies and expenditures, a certificate of the principal Secretary of the Convention, countersigned by the President of the Convention, for the amount of $517, (five hundred and seventeen dollars,) in full for stationery furnished the Convention to this date. (Signed,) F. P. MARKHAM & BRO., By F. LYoN. On motion of Mr. Green, Resolved, That the Secretary be instructed to report to the Convention, the amount of stationary on hand, specifying the different items and the cost of each as per bill. UNFINISHED) BUSINESS. The article entitled "Salaries" being under consideration, and the question being on ordering the previous question on e article, Xhe same was demanded, and The main question ordered to be now put. And that being, "shall the article now pass?" The same was decided in the affirmative, by yeas and nays, as folows: YEAS: Mr. Comstock, Danforth, -eDesnoyes, A Eaton, Fralick, Gardiner, Gibson, Hanscomn, Hascall, Kinne, 436 Mr. Al-vord, I I Anderson, Arzeno, I Aiftrd, I 'Barnard, ; Beardsley - 7 Beeson, Ammon. Brown, I Asahel Brown, - Butterfield, ..Nl r. Mowry, Newberry, Orr, '.J. D. P-iorce,, - Prevost, Robertson, I Soule, I Town, I Van'Valkenburg,. . Walker, , _ __-2 Mr. Barnard m,oved a reconsideration of the last vote, And the same prevailed by yeas and nays, as follows: YEAS, Mr. P. R. Adamns, W. Adams, Barnard, H. Bartow, J. Bartow, Beardsley, lBeeson, Britain," Asahel Brownr Burns, Bush, Carr, Chandler, Chapel,:,! Choate, Church, Comstock, Mr. Conner, Cornell, Crouse, Daniels Desnoyers, Eaton, Edmunds, Brt-,Gale,i A B, Gariner, S Green, Hanscom, Hart, Chandler, ~Har.vey, Wait Hascall, Kingsley, Leach, Lovell, ' NAYS. Mr. Danforth, Fralick, N r Gibson, Io,Moore, -And the question being on the passage of the article, the result was as follows: Mr. Marvin, McLeod, Mosher, O'Brien, Orr,:: N. Pierce, Prevost, Rix Robinsont 'Skinner, Soule, Town, Van Valkenburg, Wait, Walker,, Warden, Webste.r, Whittemore, 51 Mr. Alvord, Anderson, Arzenio, Axford, Mr. Morrison,: Newbery, Williams, 11 JOURNAL OF:THE CONVENTION [Aug. 12, [Ag92 YEAS. Mr. Conner, Danforth, Desnoyers, Eaton, Fralick, Gibson,' Hanscom, Hascall, Kinne, Marvin, Moore, NAYS. Mr. Daniels, Edmunds, Gale, Gardiner, Green, Hart, Harvey, Kingsley, Leach, Lee, Lovell, McLeod, O'Brien, So the Convention refused to pass the article. Mr. Walker moved that the sa,mne be recommitted to the commit. tee ox "Salaries." Mr. Pierce moved to add "with instructions to fix the salaries as follows: "16Governor, $1,000, Judges, $1,200, Treasurer, $1,000, Auditor General, $0,800, Commissioner of State Land Office, $1,000, Secretary of State, $0,800, Attorney General, 80,500, Superintendent of Public Instruction, $0,800. They shall receive no more than is provided for in this constitution." Mr. Walker offered the following substitute for the instructions proposed: " The Governor shall receive a salary of one thousand dollars per annum. The Auditor General, State Treasurer, Secretary of State Commissioner of the Land Office, and Superintendant of Public Instruction, each such salary as shall be prescribed by law, not exceed 439 Mr. Alvord, " . Anderson, Arzeno, Ax'ford, Beardsley, Beeson, Ammon BroWD, Butterfi,ld' Chandlery I IChoa'te,, Church' Mr. Morrison, Mosher, Mowry, Newberry, j. D- Pierce, Souie, 'Town Vln Val'kenburg, Whittemore, William's, Woodman, 33 Mr. P. -,R. Adam's W.Adams,,' Barnard, H. Bartow, i. Bartow, Britain Asahel Brown. Burns, Bush, Carr, Chai)el, Coreli, Crouse, Mr. Orr, N. P-iercq, Provost Roberts,, Robertson, Rix Robinson, ,kinner, Walker, Warden', Webster, White, President, 39 1850.] TO REVISE THE CONSTITUTION. ceeding one thousand dollars each per annum. The Attorney Gen eral shall receive a salary to be prescribed by law, not. exceeding eight hundred dollars per annum. The circuit judges shall each receive an annual salary of not less than fifteen hundred dollars each per annum to be prescribed by law. The judge or the district court for the upper peninsula shall receive such annual salary, not exceed. ing one thousand dollars, as shall be prescribed by law. And no fees or perquisites of office shall be received by any such officer in addition to the salaries above named." Mr. Chapel moved to strike out in the substitute the words:"not less," where it occurs, and insert "not more." At this stage of the proceedings the motion to recommit was withdrawn, and, On motion of Mr. Bush,~ The vote by which the Convention refused to pass the'article was reconsidered, And the question again recurring on its passage, Mr. N. Pierce moved to recommit the article with instructions, as heretofore proposed by him. Mr. Danforth proposed to substitute the following for the instruc tions: To add to the article, "and it shall not be competent for the Legislature to increase the salaries herein provided." And the substitute prevailed. The article was recommitted with the instructions proposed. Mr. Van -Valkenburgh, from the committee on salaries, reported back the article amended agreeably to: instructions; and, as amended, The article was passed, and referred to the committee on arrangement and phraseology. On motion of Mr. Woodman,; The resolution offered by Mr. Story, on the 5th inst., was:taken from the table and indefinitely postp9ned. On motion of Mr. Fralick, The article entitled "Of Upper Peninsula of Michigan," was taken from the table. The question being upon concurringin amendments made in committee of the whole, 430, 440 JOURNAL OF) THE CONVENTION [Aug. 12, Those to section 1 were severally concurred in. The substitute for section 3, proposed by the committee, being under consideration,:: Mr. Cornell offered the following substitute for it, which was not adopted: "The counties of Mackinac and Chippewa, and the territory thereto attached, shall be entitled to one representative; the county of ...7 Marquette and Schoolcraft, and the territory thereto attached, one representative; the county of Houghton and territory thereto attached, onre representative; the county of Ontonagon and territory thereto attached, one representative." Mr. Morrison offered the following substitute for the same: "The county of Mackinac wtth the territory which may be: thereto attached, shall be entitled to one representative to the state legislature; the county of Chippewa, and the territory which may be thereto attached, one representative; the counties of lHoughton and Ontonagon, and the territory which may be thereto attached, one repre sentative; the counties of Delta, Schoolcraft and Marquettie, and the territory which may be thereto attached, one representative." Which was not agreed to by yeas and nays, as folows: YEAS: Mr. Alvotd, Mr Cornell; Mr. 0'Brien, Arzeno, Danforth, Roberts Axford, Gardiner, Robertson, H. Bartow, Hanscom, Rix Robinson, J. Bartw, Hart, Town, Beeson, Kingsley. Van Valkenburg, Burns, Lee, Walker, Bush, Lovell, White, Chapel, 3Mceod, Whittemore, Church, Morrison, Woodman, Conner, Mosher, President, 33 , NAYS: Mr. P. R. R.Adams, Mr. Crouse, Mr. Marvin, W. Adams, Daniels, Moore, Anderson, Desnoyers, Mowry, Barnard, Eaton, Newberry, Beardsley, Edmunds, N. Pierce, Britain, Fralick, Preo'st, Ammon Brown,' Gale,: Skinner, Asahel Brown, Gibson, Soule, Butterfield, Green, Wait, Axford, H. Bartow, Beeson, Burns, Chapel, Church, Cornelle Danbfrth, 'Skinner,'^Town,: Van Valkenburg, Walker, :White,'> \. Whittemore,, Woodman, President, NAYS: Mr. P R. Adams, MIr. Comstock, W. Adams,. Conner, Anderson, Crous -v Barnard, Daniels, BeardsIley, Desnoyers, Britain, Eaton, Ammon Browr, Fralick, Asahel Brown, Gale, Butterfield, Gibson, Carr, Green,. Chandler, Harvey, Choate, Hascall, Mr. Robertson moved to amend by M..,b n m "three" the word "at least." Which was not agreed to. And the substitute proposed by the committee was then concurred The amendment to section 4 was non-concurred in. Hanscom, Hart, Kin sley,, Lee, Lovell, McLeod, Morrison, :Mo sier, RRoberts, 32 Mr. Kinne, Marvin, Moore, M/IOW y Newberry, N. Pierce, Prevost..... Soule, Wait, Warden, W-illiams, 36 insertinrg: before -the word in. 56 442 JOURNAL OF THE CONVENTION [Aug 12, The article being up for general amendment, Mr. MoLeod moved to amend section 4 by inserting after "district attorney," the words, "by tax on said district," And the same was agreed to. Mr. Robertson moved to amend section 4 as amended, by striking out all after "district," in the foregoing amendment, and insert in lieu thereof, "the senators and representatives provided'for in this notice, shall receive the sum of dollars each and no more, as compensation for detention and delays in Ae performance of their duties, in addition to the mileage and per diem allowance provided for in this constitution, to members of the senate and house of representatives." Mr. Roberts moved that the article entitled "Of Upper Peninsula of Michigan," be recommitted to the committee on the "Governmental and Judicial policy of the Upper Peninsula," with instructions to so amend the same that the salaries of the district judge and district attorney, together with the expenses of a senator and-their representatives, shall be paid out of the treasuries of the several counties: that the counties may be, subject to taxation for county and township purposes the same as counties of the lower peninsula, and that all monies paid into the state treasury by mining companies, or as a tax for county and township purposes, shall be refunded to the treasuries of the several counties from which it may be received, deducting expenses of collection if there be any. Mr. N. Pierce moved to strike from the proposed instructions, so much as relates "to per centage of min ing companies," which was lost. - And the motion to re-commit did not prevail. The amendment offered to section 4 by Mr. Robertson was lost, Mr. Williams offered the following substitute for the section (4): i"The Legislature may provide for the payment of said district judge, not exceeding $1000 per annum, and of said district attorney, not exceeding $500 per annum. In cases of delay and detention, it shall be competent for the Legislature to make extra compensation to the; members of the Legislature, from said discribed territory not exceeding two dollars per day during the session of the Legislature." 1850.] TO REVISE THE CONSTITUTION. On motion of Mr. Moore, "five hundred" was stricken out, and "seven hundred" inserted. And the substitute as amended, was agreed to. Mr. Britain ofered the following substitute for section 6. ,-One half of all money received into the treasury from corporations in the upper peninsula paying a State tax of one per cent per annum, shall be paid to the treasurers of the counties from which it is received, to be applied for township and county purposes as provided by law." Mr. Fralick moved to strike out section 6. Mr. Roberts moved a call of the covention, and the same being ordered. Messrs. Akford, Barnard, Bush, Kinne, Leach, J. D. Pierce, Warden and Whipple were absent without leave. Mr. Britain asked and obtained leave for Mr. Whipple, when On motion of Mr. Roberts, The Convention adjourned. Afternoon Session. .; i 0 tsTwo o'clock" The Convention was called to order by the President, And a quorum being present, Resumed the consideration of the unfinished business of the morning, being the article entitled, "of Upper Peninsula of Michigan." The question being on Mr. Britairn's substitute for section 6, Mr. Hanscom moved to amend the same by adding thereto, "but the Legislature shall have power after the year 1855 to reduce the per centum to be refunded." And the amendment was agreed to. A division of the question being had on the adoption of the substi tute, The question was first taken on striking out the section (6) and the same prevailed. A nd in inserting the proposition of Mr. Britain, the yeas and nays were had, and the same prevailed as follows: 443 JOURNAL OF THE CONVENTION [Aug. 12, YEAS: Mr. Cornell, Mr. Marvin, . Crouse, Mowry, Danforth, O'Brien, Desnoyers, Roberts, Edmunds, Robertson, Gale, Rix Robinson, Gardiner. Skinner, Green, Soule, Hanscom, Town, Hart, Van Valkenburg, Hascall, Walker, Kingsley, White, Kinne, Whittemore, Lee, Woodman, Lovell, President, 45 NAYS: Mr. Daniels, M r. Newberry, , Eaton, Orr,, Fralick, N. Pierce, Gibson, Wait, Harvey, Warden, Moore, Williams, 18 I-Ia. anscom, were striken from the article. to amend section 1 by striking out all after "eleciand inserting, "for the term of two years." And the same prevailed. On motion of Mr. Church, The following was adopted in lieu of section 2. "The territory described in the above section shall, at all times, be entitled to at least one Senator in the Senate of the State."' Mr. Moore moved to strikeout section 9, and asked the yeas and nays thereon. And the motion was lost as follows: YEAS. Mr. P. R. Adams, W. Adams, Anderson, Barnard, Britain, Ammon Brown, Comstock I, Daniels, 444 Mri W. Adams, Alvord, Anderson, Arzeno,, Axford, H. Biartow., J. Barto-W Beardsley, .13-e-eson, Britain, Asahel Brown, Buriis, Bush! Butterfield, Conner, Mr. Eaton, Edmurids, Fralick, IGale,; Gibson, Har,vey,.. - .Hascall,' Lo*ell, iMr. Moore, i Newberry'I N. Pierce, I Skinn'er-.' Wait, Warden,, Williams" -23 I850.] TO REVISE THE CONSTITUTION. NAYS. Mr. Church, Conner,o Cornell, " Crouse, Danforth, Desnoyers, Gardiner, Green, Hanscom, Hart, Kingley, Kinne, Lee, Marvin, Morrison, Mr. Chapel offered the following as a new section to the article, and the same was adopted: "Sec.-e. The legislature may change the locationfi of the State Prison from Jackson to the Upper Peninsula of Michigan." Mr. Britain moved to amend section 9 by adding thereto, "but no such corporation shall be permitted to purchase any, ra!.estgte ex cept such as shall be necessary for the exercise of the corporate franchises of such company.' I And'the same was agreed to. And the question being on ordering the article to a third reading, It was so ordered by yeas and nays as follows: YEAS. Mr. Cornell, Crouse, Danforth, Desnoyers, Eaton, Edmunds, Gardiner, Green, Hanscorn, Hascall, Kingsley.- Kinne, Lee, Marvi:n, Morrison, Mosher,P Mr.,Alvord,. Arz,bno, Axford, 11. Bartow J. Bartow, Beardsley, Beeson Asahel BroWD, Burns, Bush, Butterfield, Carr, Chandler, Chapel, Choa,e, ,Mr. Mosher, Mow'ry" O'Bri6ii, Orr, j. D.; Pierce, 96berts, ilix Robinson, Soule, Town, Van Valkenbrg. .W a] ker, White-P 'Whittemo're, President, 44 Mr,.'A Ivord Arzeno,, Axford, H. Bartow, J. Bartow, Beard,sley, Beeson, Britain, Burtis, Bush, Butterfield, .Carr' Chai.-,dler, ChtirIch, Coi-itier, Mr. Alowry, OrrI I J. D. Pierpe, N. Pierce, Robe-rt's, Robertson' Ri.x Robinson, Skinner, Soule, Town,, Van Valkenburg, wait Walker Whitteni;re Wo.od' "man, Presid-ent,.,,, 48 JOURNAL OF THE CONVENTION [Aug. 13, NAYS. C~omstock, Daniels, Fralick, Gale, Gibson, I HIart, ,Mr. P. R. Adams, Mr. C~omstock, Mr. Harvey, W. Adams, Daniels Lovell, Anderson, Fralipk- Moore,, Barnard, Gale Warden, Ammon Brown, Gibson, b hite, Asahel Brown, lart, Williams, Choate, 19 The article was then read a third time by its title, passed and referred to the committee on arrangement and phraseology. On motion of Mr. Bush, The Convention adjourned. Lansing, Tuesday, August 13, 1850. The Convention met at the usual hour and was called to order by the President. Prayer by the Rev. Mr. Merrill, The roll being called, there were absent on leave, Messrs. Backusi Bagg, Alvarado Brown, S. Clark, J. Clark, Cook, Dimond, Eastman, Hathaway, Graham, Hixson, Mason, Raynale, E.S. Robinson,M. Robinson, Sullivan, Sutherland, Tiffany, Wells, Willard, and Witherell. PETITIONS. By the President: of Ross Wilkins, D. V. Bell, A. H. Redfield, and fifty others, praying for the insertion of an article in the constitution, making it the duty of the legislature to obtain, if possible, a cession to the State, of all unsold and unappropriated public lapds lying within its limits, &c. Laid upon the table. By Mr. Redfield: of sundry inhabitants of the county of Cass praying a constitutional bar to all the negro race. Laid on the table. REPORTS. Mr. McClelland from the committee on arrangement and phraseology, reported that the duty assigned that committee had been performed, and that inr conformity with a rosolution ef the Convention, the several articles had been placed in the hands of the printer. 446 1850.] TO REVISE THE CONSTITUTION. RESOLUTIONS. On motion of Mr. Gardiner, Resolved, That the printing of the daily journals of the Convention be suspended until after the final adjournment. On motion of Mr. Beeson, Resolved, That a committee of three be appointed to superintend the enrollment of the constitution, preparatory to its being signed. On motion of Mr. Woodman, Resolved, That the chairman of the committee on supplies be authorized and required to furnish the Post Master of Lansing with a copy of the manual of this convention. Mr. Alvord offered the following: Resolved, That the Secretaries, Reporters, Messengers, Sergeantat.Arms, and Door.keeper, who were appointed at the commencement of the Convention, be entitled to mileage; and that the Secretary be instructed to draw a warrant for the same. On motion of Mr. Church, The resolution was laid upon the table. On motion of Mr. Church, Resolved,'That the committee on supplies be and are hereby reques. ted to make some arrangement with the Post Master of this place, for the payment of the postage upon mailable matter received by the Convention since the first day of August, present, and report the same. Onmotion of Mr. Britain, The article entitled "Schedule," was taken from the table, and It was read the first and second time by its title, and taken up for consideration in Convention." Section 4 being under consideration. On motion of Mr. Robertson, The words,'to the people of the State of Michigan," were inserted after qlaws," in the 4th' line. On motion of Mr. Cornell, The word "other," was stricken out of the 3d line. On motion of Mr. Robertson, The word "any," before "public," in the same line was stricken out. Mr. Alvord moved- to strike out the word "any," in the 4th line. But the motion was lost. -4,47 448 JOURNAL OF THE CONVENTION [Aug. 13, Section 6 having been read, On motion of Mr. Robertson, The words "election and" were stricken from the 3d line, and the words "election, qualification and duties of," were inserted in lieu thereof. On motion of Mr. Gale, The word "day" was stricken out in the 2d line, and "Monday,?' inserted. Section 7 being under consideration, On motion of Mr. Robertson, The words "judges of the" were inserted before "'county courts," in the second line.", On motion of Mr. Hanscom, Section 8 was amended by adding thereto, "and of the disttricr court of the Upper Peninsula.," Section 12 being under consideration. Mr. Church moved to amend the same by preceding it with the,following:. "The Governor, after the adoption of this constitution by the people, shall appoint persons; whose duty it shall be,to adapt the present body of statute law of this State to the provisions of this constitution, (but who shall have no power to make any alteration or 'modification of the laws now in force otherwise than is clearly designated in or required bythis constitution;) and who shall present to the Legislature for their action at its next session their proposed alterations and modifications of said statute law; and." Mr. Walker moved to amend by adding to the foregoing, ",who shall receive such compensation, not exceeding seventy-five dollars each, as shall be allowed by the Legislature, and." The amendment was accepted by MAr. Church. Mr. Hanscom offered the following substitute for the proposition of Mr. Church: "The Attorney General of the State is required to prepare and report to the next Legislature, at the commencement of the session, such changes -and modifications in existing laws as maybe deemed necessary to adapt the same to this constitution, and may be best calculated to carry out its provisious, and who shall receive no additionral compensation." t'l-50.]'T O REVISE A'THE CONSTI'r(JT1ON. Mr. Church withdrew his arrndlmenit. The amendment of Mr. -.Hanscom was agreed to. ' On motion of Mr. Morrison, Section 13. was amended by striking out "county "and inserting territory.": On motion of Mr. Church, The same section wvas amended by'striking, out at the end thereof ,he words'" in the legislature." Mr. Woodman nioved to amend section 4 by striking out adl ~after "election" in the 6th, line. Mr. Williams,moved to,amend the clause proposed to-be stricken out by striking out " six"' and inserting "three," and striking out fifty " and inserting "fifteen." AIr. Hanscom moved to pass over the section, but the motion was lost. Mr. J. Bartow moved'to amend M-r. Williams' amendment by in serting "',four" and "twenty " in lieu of"' three" and"' fifteen." Which was accepted by the mover, and the amendment was not agreed to. Mr. Morrison moved to amend the clause by striking out in, the -7th line, the words "for six successive weeks previous to- said,elec. tion," and inserting after,the -word "publishing," the words "in the month of September next." Mr. Leach moved the previous questdon. But the same was not sustained. Mr. Morrison modified his amendment by adding, also strike outit " fifty," and insert' fifteen."' Mr. \Walker moved to amend the clause by striking out the words for " and "-successive." Which was lost. ,A division was had on Mr. Morrison's proposition, "and the first clause of the same was agreed to. Mr. J. Bartow moved to amend, the second branch of the proposition by inserting " twenty-five" instead of "fifteen.' A division of the question was had, and the question was first ta-. kent on striking out "fifty" in the section, and the same 4prevailed by yeas and nays as follows: 57 44,-! JOURNAL OF THE CONVENTION [Ang. 13, YEAS. Mr. W. Adams, Mr. Cornell, Arzeno, Daniels, Axford, Eaton, H. Bartow, Edmunds, Beeson, Fralick, Britain, Gibson, A rhmon Brown, Green. Asahel Brown, Harvey, Carr, Ilascall, Chandler, Kinne, Chapel, Lee, Choate, Lovell, Comstock, Marvin, Conner, Moore, Cornell, Mforrison, Crouse, Mosher, NAYS. lMr. Alvord, Mr. Hart, J. Bartow, O'Brien, Church, Roberts, Gardiner, Robertson, lHanscom, Town, And the question being on filling the blan Mr. Eaton proposed inserting "twenty." Mr. Britain with " thirty," and Mr. White with "forty." Mr. Rix Robinson moved the previous question on the section, and the same was demanded and the main question ordered to be now put. The question being on filling the blank, and the vote being taken on the highest number first, the motion to fill the same with "'forty'" was lost by yeas and nays, as follows: YEAS. Mr. Hanscom, Hart, Roberts, Robertson, N-AkYS. Mr. Daniels, Desnoyers,. r aton, Edmunds,. BFralick, 450 Mr. Mowry, Newberry, Orr, J. D. Pierce, N. Pierce' Prevost, Rix Robinson, .Skinner, Soule, Wait, Walker, Warden, Webster, Willia ls, Woodi-rian, President, 4 Mr. Van Valkenburg, White, Whipple, Wh,ittet-nore, 114 Mr. Alvord, J. Bartow, Church, Gardiner, Mr. White, Whipple, Whitterpore,, 11 Mr. W. Adams, Anderson, Arzeno, Axford, Bariiard, Y, t. Newberri yi I O'Brien, Orr, J. D. Pierce,, N. Pierce, 1850.] TO REVISE THE CONSTITUTION. Beeson, Gale, Prevost, Ammon Brown, Gibson, Rix Robinson, Asahel Brown, Green, Skinner, Burns, Harvey, Soule, Carrl, Hascall, Wait, Chandler, Lee, Walker, Chapel, Lovell, Warden, Choate, Marvin, Webster, Comstock, Moore, Williams, Cornnier,. Morrison, Woodman, Cornell, Mosher, President, Crouse. 49 The motion to fill the blank with "thirty" was also disagreed to. ,pon filling the same with "twenty-five," the yeas and nays were had, with the following result: YEAS. Mr. Cornell, rnDesnoyers, Gardiner, Gibson, Hanscom, Hart, Hascall, Lovell, BIMarvin, McClelland, Mosher, O'Brien, Mr. Alvord, Arzeno, Axford, H. Bartow, J. Bartow, IBeeson, Britain, Ammon Brown, Burns, Butterfield, Choate, Church, Conner, NAYS. Mr. Eaton, Edmunds, Fralick, Gale, Green, Harvey, Lee, Moore, Morrison, Newberry, So the blank was filled with "twenty.five."' The question recurring upon striking out the last clause of the section, The same was not agreed to. On motion of Mr. Robertson, 71. 451, Mr. J. D.1'Pierce, Prevost, Roberts,, Robertson, .Rix Robinson, I TOWD, Van ValkeDbu Walker" White, Whipple, Whittemore, President, 3'k Mr. W. Adams, Anderson, Bariiard, Asahel BrowD, Carr, Chandler, Chapel, Comstock I Crouse, Daniels, Mr. Orr, N. Pierce, Redfield, So-ule, Wait, Warden, Webster, Williams, Woodman, 29 JOURNAL OF THE CONVENTION [Aug. 13, Section 17 was amended by inserting after the words "near as may e," as follows: "and the returns thereof shall be directed to the Secretary of State." MIr. J. Bartow moved to fill the first blank in the section with "16th day of December next." And the same prevailed. On motion of Mr. Robertson, The blank in the 8th line was filled so as to read "1st day of January, 1S51." The article having been gone through with by sectiotns, and being open for general amendment, Mr. Walker offered the following to stand as a separate section: "Resolved, That at the next general election, and at the same time When the votes of the electors shall be taken for the adoption or reJection of the revised constitution, the additional amendment in the words tollowing, to wit: "'The Legislature shall have no power to pass any act to grant any license for the sale of ardent spirits or other intoxicating liquor,' "Shall be separately submitted to the electors of this State for their adoption or rejection, in form following, to wit: A separate ballot may be given by every person having the right to vote for the revised constitution, to be deposited in a separate box. Upon the ballots given for the adoption of the said separate amendment shall be written or printed, or partly written and partly printed, the words'No license of the sale of spiritous liquors;' end upon all ballots given against the adoption of the said separate amendment, in like manner, the words 'License of the sale of spiritous liquors.' And on such ballots shall be written or printed, or partly written and partly printed, the words 'Constitution:. Spiritous liquors,' in such manner that such words shall appear on the outer side of such ballot when folded. If, at said ,lection, a majority of all the votes given for and against the said separate amendment shall contain the words'No license of the sale of piritous liquors,' then the said separate amendment, after the lay of one thousand eight hundred and, shall be a sep arate section of artice four of the constitution, in full force and effect, anything in the constitution to the contrary notwithstanding." Mr. Williams moved the previous questionmoa the section, 452 TO REVISE THE CONSTITUTION. And the same being demanded, The main question was ordered to be now put, And the proposition of Mr. Walker was rejectedi by yeas and nays as, follows: YEAS:. Mr. Danforth, Desnoyers, Fralick, Gardiner, Gibson, Hart, Kinne, iceClelland, lMosher, O'Brient, NAYS. AImr. Crouse, Daniels, Eaton, Edmunds,. Gale, Green, Harvey,;.. Kingsley, Lovell, Marvin, Moore, 34i Mr. Lovell moved to strike out sec. 11 of the article. Mhr. Hart moved to adjourn, But the Convention refused to adjourin.. Mr. Lovell's motion prevailed. Mr. Britain offered the following to stand'as sec. 11. "Reprints of the laws shall only be made after-the same shall'have been compiled by a person appointed by the legislature in joint con. vention, and certified by three persons appointed by the governor to be a true-and accurate compilation, and of all the general laws of Michigan actually in force. No alteration of the legal import' of any law shall be, permitted in such compilation. No revision of thelaws shall ever be made and submitted to the legislature." When, on motion of Mr. Bush, The Convention adjourned. 1850.]: 45a M r'.'RobertsOD,. Rix Robinson, TOWD, Van Valkenburgh, - Wait, Walker, White, ,Whipple, - Whittemore,, President,. 30, Alvord, Arzeno' J. Ba,tow, BeeSOD, 'Britain, IAmmon BROWD, IButterfield, I. Chapel,, Church, Cornell, l. W. Adams, Anderson, Axford,, Barnard,, H. B artow, Asahel Brown, B urns,, I I Carr, Chandler, Choate, . Comstock, - Conner,, Nlr. Morrison, Mowry, Newberry,. Orr, I N. Pierce,. Prevost, I Redfield,., Soule, I Warden,. Williatns,'. Woodmanj - 451 JOURNAL OF THE CONVENTION [Aug. 13, Afternoon Session,. Two o'clock. e Convention was called to order by the President, roll being called a quorum of members answered to their s. e President announced as the committee under the resolution of orning, Messrs. Beeson, Fralick and Whittemore. e consideration of the article entitled "Schedule," was resumnd e question being on Mr. Britain's proposition to stand as secL1, . Britain withdrew the same, and proposed the following in lieu of: o general revision of the laws shall hereafter be made. Then a reprint thereof becomes necessary, the Legislaturein convention, shall appoint a suitable person to collect together acts and parts of acts as are in force, and without alteration ge them under appropriate head and titles. he laws so arranged shall be submitted to- commissioners app d by the Governor, for examination; and if certified by them to e orrect compilation of all general laws in force, shall be printed i h manner as shall be provided by law." . Morrison moved to strike out "Commissioners" and insert A rney General," hich was not agreed to. motion of Mr. Britain, e blank before "commissioners" was filled withi "two." the adoption of the section the yeas and nays were had as fol. lows: YEAS. Mr. Daniels, Edmunds, Gardiner, Green, Hanscom, Kingsley, Kinne, Leach, Lovell, llr. W. Adams, Axford, H. Bartow, J. Bartow, Beeson, Igrita!D, Asa'hel BroWD, Burns, Chand,ler, Mr. Robertson, Rix Rob.inSOD, Soule, - Sturgisi Town, Walker, Webs'er, . White, Whipple, iS50.] TO REVISE THE CONSTITUTION. Church, McClelland, Williams, Conner, Redfield, Woodman, 33 NAYS. Mr. Alverd, Mr. Danforth, AMr. Mosher, Arzeno, Eaton, Mowry, Ammon Brown, Fralick, Newberry, Bush, Gale, Orr, Butterfield, Gibson, N. Pierce, Carr, Hart, Van Valkenburg, Choate, Harvey, Wait, Comstock, Marvin, Warden, Cornell, Moore, Whittemore, Crouse, Morrison, President, 30 So the same was agreed to. On motion of Mr. McClelland, Section 17 was amended by inserting in the Sth line, after'"1851" the words " except as herein otherwise provided." On motion of Mr. Whipple, The following was added as a separate section of the article: "The causes pending and indisposed of in the late court of chancery, at the time of the adoption of this constitution, shall continue to be heard and determined by the judges of the supreme court. But the legislature shall, at its session in 1851, provide by law for the transfer of said causes that may remain undisposed of on the first Monday of next, to the supreme or circuit court, es;ablished by this constitution, or require that the same may be heard and determined by the circuit judges." On motion of Mr. Williams, The following to stand as sec. 5, was adopted. "Sec. 5. A Governor and Lieutenant Governor shall be chosen under the existing constitution and laws, to serve after the expiration ofthe present gubernatorial term,until superseded by this constitution.' MIr. Williams offered-the following to stand as sec. 6. The senators and representatives chosen at the general election an November 1850, shall hold their offices till superseded by a legislature chosen under this constitution." Mr. Robertson offered the following substitute for the foregoing. Sec. 6. The members of the Senate and House of Representatives of the Legislature of 1851, shall continue in office under the provisions of law, until superseded by their successors elected and ualified under this constitution. 455 4a- JOU'R \ OF TIE' CONVENTION, [Aug, I;, Anrid the same was accepted by. Mr. Williams, And adopted by the Convention, On motion of Mr. Robertson,, The following was added to,section l1: "And in case of theadoption of this Constitution, said'}officers si,al.i immediately, or as soon thereafter as practicable, proceed to open the statement of votes returned from the several counties for judges of the supreme court and state officers under the. act entitled, "an act.to amend the Revised Statutes and to provide, for the election of certain officers by the people, in pursuance to an amendment of, thee C(onstitution," approved Feb. 16, 1850, and shall ascertain,,deter. mine and certify the results of the election for said officers, under said act, in,the same manner, as..near as may be, as is now provided by law in regard to the election of Representatives in C3ngress,. "And the several judges and officers so ascertained to have been, elected, may be qualified and eiter upon the duties of their respective offices on the first Monday of January next, or as swoon thereaftter as practicable." Mr. Moore movedithe following additional section to the article "From and after the year 1855 the Legislature shall provide by law a uniformn.system for,.he collection of all taxes throughout the 'tate." Mr. Britain proposed the following substitute for the foregoing: " The Legislature shall, on or before 185.,, provide that all taxes, shall be collected in the respective counties, and that the state tax shall htave precedence over every, other tax: such.,law shall protect the interest of the state in all landsliable, to,the statein consequence of nonpayment of taxes."' Mr. McClelland moved;th'e previous~qpestion, and the,same being, demanded,.the main question was.aordered to be now put. The substitute of Mr. Britain was.not agreed to. The proposition of Mr..Moore was.rej9cted; by yeas,and nays,,as fllows: YEAS: Mrs. Carr, AEdmunds, NAYS. Mr. Cbrnell, Creouse, M'.r. Anderson, Asahel Brown,. Mr.. Galt. Moore, 6 Mr. WV. Adams, Alvord,, Mr. Mosher, Newberry,, S850o] TO REVISE THE CONSTITUTIOM Arzeno, Axford, Barnard, H.. Bartow, J. Bartow, Beardsley, Beeson, Britain, Ammon Brown, B,lrns,Bush, Butterfield, Chandler, Chapel, Choate, Church, Comstock, Conner, O?Brien,, Orr, N. Pierce, Prevost, Redfield, Robertson, Rix Robinson, Soule, Sturgis, Town, Van Valkenburg, Walker, AV arden, White, Whipple, Whittemore, Woodman, President, 60. Mr. Britain offeredtthe following as an additional section. The legislature shall on or before 1855, provide that all taxes, except specific taxes, shall be collected in the respective counties, and that the state tax shall have precedence over every other tax. Such law shall protect the interest of the State in all lands liable to the State in consequence of the nonpayment of taxes." Mr. Danforth moved to strike out,." except specific taxes." Mr. McClelland moved the previous question. And the same being demanded, the main question was ordered to be now put. Mr. Danforth's amendment was lost, as follows: YEAS, Mr Choate,. Cornell,. Crouse, Danforth,. NAYS. Mr. W. Adams, Alvord, Barnard, H. Bartow,, J. Bartow, Beeson, Britain, Ammon Browns, Asahal Brown, 58 Mr. Orr, N. Pierce, Prevost., Redfield, Rix Robinson, Soule,, Town, Van -Valkeaburgh, W,alker,: 457' Danforth,.. Daniels,' Desnoye.rs" Eaton, I Fralick,. Gardiner, Gibson,. G re e ii,, Hansco m, Hart, Has'ealli Kingsley, Kinne, Leacli; Lovell' Marvin, McClelland, Morrison, Mr. - Arzeno, Axford,, Burns, Busb,, Mr. Fralick,, Gibson, Hanscom, Robertson,, 12 -" M r. - E6ton, Edmunds,. Gale, Gardin,or,, Gree,,.n,, Hiirt,. Ha.rvey,. Ki'ngsle,v, - Leac,h,, JOURNAL OF THE CONVENTION [Aug. 13, Lovell, McClelland, Morrison, Mosher. Mowry, Newberry, O'Brien, Mr. Britain's proposition was rejected by yeas and nays, as fol lows: YEAS. Mr. Edmunds, Gale, Green, Hart, Harvey, Leach, Lee, Lovell, Moore, Morrison, NAYS: Mr. Cornell,, Crouse, Danforth, Desnoyers, Eaton, Fralick, Gardiner, Gibson, Hanscom, KIingsley, Kinne, Marvin, McClelland, On motion of Mr. McClelland, The following was added as a new section to the article: "Sec. -. The term of office of governor and lieutenant governo: shall commence on the first Monday of January next after the elec thereof." On motion of Mr. Whipple, The article was referred to the committee on Arrangement and Phraseology, and Mr. Robertson was added as an additional member to that cornm rmittee, 458 Butterfield, Carr, Chandler, Chapel, Church, Conner,, Daiiiels, Desnoyers, Warden, Webstei White, Whipple,; Whittemore, Woodman, President, 49 Mr. W. Adams, Barnard, Beeson, Britain, Asahel Brown, Butterfield, Carr, Chandler, Conner, Daniels, Mr. O'Brien, Orr, N, Pierce, J. D. Pierce, Prevost, Soule, Warden, W[iite, Whittemore, Woodman, 30 Mr. Alvord, - Arzeiaoi Axford, J. Bartow, H. Bartow, Beardsley, Ammon Brown, Buriis, Bush, Chapel, Choate, C'nurch, Comstoclc, Mr. Moslier, Ilowry, Newberri,, Redfield, Robertson, Rix RoIbinson, Town, Van Val.ken'burg,l, Walker W ebst.e r, Whipple, President,, 1850.] TO REVISE THE CONSTITUTION. 459 Mr. McClelland from the Committee on Arrangement and Phraseology, reported ARTICLE I. BOUNDARIES. "The State of Michigan consists of and has jurisdiction over the territory embraced within the following boundaries, to wit: Commencing at a point on the eastern boundary line of the State'of Indiana, where a direct line drawn from the southern extremity of Lake Michigan to the most northerly cape of the Maumee Bay shall intersect the same-said point being the north-west corner of the State of Ohio, as established by act of Congress, entitled "an act to establish the northern boundary line of the State of Ohio and to pro. vide for the admission of the State of Michigan into the Union upon the conditions therein expressed," approved June fifteenth, one thousand eight hundred and thirty-six; thence with the said boundary line of the State of Ohio till it intersects the boundary line between the United States and Canada in Lake Erie; thence with said boundary line between the United States and Canada, through the Detroit river, Lake Huron and Lake Superior to a point where the said line last touches Lake Superior; thence in a direct line through Lake Superior to the mouth of the Montreal river; thence through the middle of the main channel of the said river Montreal to the head waters thereof; thence in a direct line to the centre of the chan nel between Middle and South Islands in the Lake of the Desert; thence in a direct line to the southern shore of Lake Brule; thence along said southern shore and down the river Brule to the main chan nel of the MAlenominie river; thence down the centre of the main channel of the same to the centre of the most usual ship channel of the Green Bay of Lake Michigan; thence through the centre of the most usual ship channel of the said Bay, to the middle of Lake Michigan; thence through the middle of Lake Michigan to the northern boundary of the State of Indiana, as that line was established by the act of Congress of the nineteenth of April, eighteen hundred and sixteen; thece due east with the north boundary line of the said State of Indiana to the north-east corner thereof; and thence south with the eastern boundary line of Indiana to the place of beginning.') 0 JOURNAL OF THIE CONVENTION [Aug. 13/ And the same was agreed to as one of the articles of'the Constitu. tion. Mr. McClelland from the same comnmittee, reported the following as a caption for the Constitution: -'The People of the State of Michigan do ordain this Constitution." And the same was agreed to.. Mir. McClelland from the same committee, reported ARTICLE II. SEAT OF GOVERNMENT. "The Seat of Government shall be at Lansing, where it is now lo cated." Mr. McClelland, from the same committee, reported ARTICLE III. DIVISION OF THE POWERS OF GOVERNMENT. Section 1. The Powers of Government are divided into three de partments: The Legislative, Executive andt,Judicial. Sec. 2. No person belonging to one of these departments shall exercise the powers properly belonging to another, except in the cases-expressly provided for in this constitution. The amendments were concurred in. On motion of Mr. McClelland, Article 3 was amended by striking out "for" in the 3rd line. On motion Mf Mr. McClelland, It was ordered that the articles, as reported by the committee on arrangement and phraseology, with amendments as concurred in, be referred to the committee on Enrollment. Mr. Hanscom offered the following: Resolved, That Thomas Palmer and Holden be and they are hereby appointediMessengers of this-Cor,ention, from this day to the end of the session. Which was.not agreed to. On motion of Mr. Bush, The. Cbnvention adjourned'. 4 460 . 1850.] TO REVISE THE CONSTITUTION. Lansig, Wednesday, August 14, 1850. The Convention met at the usual hour and was called to order by the President. Prayer by the Rev. Mr. Sanford. The roll being called, there were absent with leave, Messrs. Backus, Bagg, Alvarado Brown, S. Clark, J. Clark, Cook, Dimond, East. man, Graham, Hathaway, Hixon, Mason, Raynale, Redfield, M. Robinson, Sullivan, Sutherland, Tiffany, Wells, Willard and Witherell. RESOLUTIONS. e following: rmmittee of eight be appointed, whose duty it d a plan for dividing the State, exclusive of the eight judicial circuits, with instructions to reable. ved to strike out "as soon as practicable," and "." was accepted by the mover. to indefinitely postpone the resolution, lost. to strike out "a committee of eight," and inn Schedule." ed to strike out "eight," and insert "eleven." then adopted by yeas and nays, as follows: YEAS: Mr. Church, MIr. O'Brien, Comstock, Orr, Conner, Robertsoi, Cornell, E. S. Robinson, Desnoyers, Rix Robinson, Eaton, Skinner,l; Edmunds, Sturgis, Gale, VanValkenburg, Gardiner, Walker, Hart, Webster, Kinne, Whipple, Leach, Williams, Cr. W. Adams, Anderson, H. Bartow,' J. Bartow, Beardsley, Beeson, Britainn, Ammon Brown, Asahel Brown, Burnis, Bush, Butterfield, Chapel, 461 37 JOURNAL OF THE CONVENTION [Aug. 14, NAYS. Mir. Alvord, Mr. Hansco-m, Mr. Newberry, Arzeno, Harvey, J. D. Pierce, Axford, flascall, N. Pierce, Barnard, Lee, Prevost, Carr, Lovell, Redfield, Chandler, Marvin, Soule, Choate, McClelland, Warden, Crouse, Moore, Whittemore, Daniels, Mosher, Woodman, Fralick, Mowry, President, Gibson, 31 Mr. Gardiner offered the following: Resolved, That C. J. Fox, one of the Reporters of this Conivention, be and he hereby is authorized and required to superintend the proo? reading and publication of the debates of the Convention, and to complete the index of the same. On motion of Mr. Fralick, The resolution was laid upon the table. On motion of Mr. McClelland, Resolved, That the committee on printing be instructed to inquire into the propriety of publishing the old and new constitutions in the Dutch, German and French languages. On motion of Mr. McClelland, The following resolutions were adopted: Resolved, That there be allowed to John Swegles, Jr., Secretary of this Convention, the sum of two hundred and fifty dollars, for compiling and preparing for publication, making index and superintending the printing of the journals and documents of the Convention, to be paid on the certificate of the Secretary of State that the wvork is correctly done. R-esolved, That there be allowed to Horace S. Roberts, one of the Secretaries of this Convention, the sum of eight cents per folio for making a fair copy of the journals of the Convention, to be paid on the certificate of the Secretary of State (who shall certify the number of folios) that the work has been correctly done and deposited in his office. Mr. Britain moved to reconsider the last vote, which was lost hy yeas and nays, as follows: 462 It50.] TO REVISE THE CONSTITUTION. Mr. W. Aarns, Mr. Gale, Mr. Redfield, Britain, Gardiner, skinner, Asahel Brown, Gibson, Soule, Carr, Hascall, Sturgis, Comstock, Leach, Town, Conner, Lovell, Van Valkenburg, Cornell, Moore, Wait, Crary, Newberry, Warden, Crouse, O'Brien, Williams, Edmunds, J. D. Pierce, Woodman, Fralick, N. Pierce, 32 NAYS. Mr. Alvord, Mr. Chapel, Mr. Morrison, Anderbon, Choate, Mosher, Arzeno, Church, Mowry, Axford, Danforth, Orr, Barnard, Daniels, Roberts, H. Bartow, Hansco m, Robertson, J. Bartow, Hart, Rix Robinson, Beeson, Harvey, Walker, Burns, Kinne, Webster, Bush, Lee, White, * Butterfield, Marvin, Whitteniore, Chandler, McClelland, President, 3G On motion of Mr. Gardiner, Resolved, That there be allowed to A. T. Welch, George W. Osborn, Henry Starkey, A. J. Vandenbergh, Stephen P. Mead,.J. U. Titus, Jr., O.S. Case, F.M. Creps, J. Whitman, and Win. Gumbrecht, the sum of four dollars each; and to J. Reeves, Charles Holbrook, Mary Teeter, and Maria Balch, the sum of two dollars each, for extra services in the printing office and bindery, and that a certificate be issued therefor to the chairman of the printing committee. Mr. Crary, from the committee on arrangement and phraseolo ARTICLE IV. LEGISLATIVE DEPARTMENT. Section 1. The Legislative power is vested in, a,Senate and House of Representatives. Sec. 2. The Senate shall consist of thirty-two members. Sena. tors shall be elected for two years, and by single districts. Such dis. tricts shall be numbered from one to thirty-two inclusive; each of which shallchoose one senator. No county shall be divided in the 463 464 IOURNAL s by law, The same was concurred in, and referred to t committee on enrollment. Mr. Williams, from the committee on arrangement and phraseol ogy, reported ARTICLE XVIII. MISCELLANEOUS PROVISiMONS. Sec. 1. Members of the legislature, and all officers, executive andjudicialrexeept such inferior officers as may by law be exempt. ed, shall, before they enter on the duties of their respective offi*ces, take and subscribe the following oath oraffirmation: "'1 do solemnly swear (or affirm) that I will suppetthe constittion of the United States and the constitution of this State, an,d that I will faithfully discharge the duties of the office of according to the best of my ability." And no otheroath, dec]ar. tion or test shall be required as a quaiificatioan fr any offiE or pubLlic trust. Sec. 2. When private property is taken for the w or bendnk 5,10: 502 JOURNAL OF THE CONVENTiON [Aug. 14, of the public, the necessity for using'such property, and the just compensation to'be made therefor, except when to be made by the state, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by notless than'three commissioners, appointed by a court of record, as shall be prescribed by law. Sec. 3. No mechanical trade'shall hereafter be taught to covicts in the state prison of this state. except the manufacture of those articles, of which the chief supply for home consumiption is imported from other states or countries. See. 4. No navigable stream in this state shall be either bridged or darned without authority from the board of supervisors of the proper county, under the provisions of law. No such law shall prejudice the right of individuals to the free navigation of such streams, or preclude the state from the further improvement of the navigation of such streams. Sec. 5. An accurate statement of the receipts- and/expeditures of the public moneys shall be attached to, and published With, the laws, at every regular session of the legislatUie. Sec. 6. The laws, publie records, and the written judicial and legislative proceedings of the state shall be conduct'dd, promulga ted and preserved in the English language. See.. e7. tE person has aright to bear arms for the defence of himself and the state. Sec. 8. The military shall, in all cases, and at all times, be itn strict subordination to the civil power. Sec. 9. No soldier shall, in time of peace, be quartered in any house without tWe consent of the owner or occupant, nor in time of war, except in a manner prescribed by law. Sec. 10. The people have the right peaceably to assemble together, to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances. Sec. 11. Neither slavery, nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State. Sec. 12. No lease or grant hereafter of agricultural land for a longer period than twelve years, reserving any rent or service of Uy kind, shall be vlind. 1850.]: TO i~E-VISE THE GCONSTITUTON. Sec. 13. Aliens whoare, or who may hereafter become e naf residents of this State, shall enjoy the same; rights in,repect t the p ossessionI, enjoynment and inheritance of property, al native born citizens. t" X.:. Sec. — 14. The property of no person: shall! be,,takeq fr itbi6 use without just compensation therefor. Private roads maykbw opened in the manner to be prescribed by law; but i l every ca, the necesities of the road and thI amount of all damage to be sustained by the opening thereof, shall be first,be,by a jury of freeholders; and such amount, together with the expe.: -., X But the Convention refused to suspend rule. The artie was referred to the comttee on enarollme; i.t. Mr. Williams reported;,, R 0f; a:A (TCE 4>;1 t*v UPPER PENINSULA. Section 1. The counties of Mackinac, Chippewa, Delta, Marquette, Schoolcraft, Houghton and Ontonagon, and the islands thereunto attached, the islands of kL Superior, Huron and ichigan aud in Green Bay, and the straits of Mackinacad the River Ste Mariet shall constitute aseparate judicial districts and bo: en, titled to a district judge and district attorney..; Sec. 2. The district judge shall be elected by the el#c ls of such district, and shall perform the same duties and possess e same powers ae a circuit judge in his circuit, and shall how his office for the same period. V. Sec. 8. The district attorney shall be elected every two yeas by the electors of the district, shall perform the duties of preecuting attorney throughout,: the entire district, and may isslue warrants for the arrest of offenders in cases of felony, to be hp ceeded- with as shall be prescribed by law... —; Sec. 4. Such judicial district shall be entitled at all tip to at 3JOURNAL OF THE CONVENTION [Aug. 14, lUot s enator, and until entitled lto mor by- its popolation, it.sIal' have three members of the House of Representatives, to be apportioned among the several counties by the Legislature. Sec. 5. The Legislature may provide for the payment of the judge a salary not exceeding one thousand dollar a year, ad the district attorney not exceeding seven hundred dollars a year; and may allow extra compesation to the members ofthe Legislalter from such teritory, not exceeding two dollars a day gg any session. Sec. 6. The elections for all district or county officers, State Senator or Representatives,': within the boundaries defined in this article, shall take place on the last Tuesday of September in the respective years in which they may be required. The county canvass shall be held on the first Tuesday in October thereafter, aid the dstrict canvass on the last Tuesday of said October. Sec. 7. One moiety of the taxes received into the treasury from mining corporations in the upper peninsula pYignt annual State tax of one per cent., hall be paid to the treasurers' 6f the counties from which it is received; to be applied for township and county purposes, as provided bv law. The Legislature shall have power, after the year 1855, to reduce the amount to be refunded.. Sec. 8. The Legidature may change the location of the State prison from Jackson to the Upper Peninsula. See. 9. The charters of tle several mining corporations may be modifed by\ the Legislature, in regard to the term limited for subscribing to stock, and in relation to the quantity of land which a corporation shally hold; but the capital shall not be increased, nor the time for the existence of charters extended. No suoh corporation sihall be permitted to purchase or hold any real estate, except such as shall be necessary for the exercise of its corporate fran&hies. On motion of Mr. Moore, SctiSon I was amended by inserting after'"islands," the words "and teritory." Mr. Robertson moved -to amend section 7 by striking out.the word ,,moiety' and inserting "haolf." And the same was agreed to. 504 TO IREVISETET.H0 f NSTITU O.N Mr. Butterfid movedsto:sped the rule, ia order tsO strike outn section8..... k: But the Convention refiusd t suspe& i-.. And the article was referred to lthe committee on en-rollment. Mr. McClelland, from the committee on arrangemen and phraseology, reported,.,, ARTICLE XX; AMENDMENT AND REVISION. Or: TH -,CONSTITUTION. Section 1. Any amendment or:amendments to this constitution may be proposed in the senate or house of rpretatives. If the same s,-,h,4H agreed to byv two-thirds of the memes -cted to each house, such amendment or amendments shall be entered on their journals respectively, with the yeas,and nays taken thereon, and the, same sha ib stbmitted-.Uthe,,r at: tb $et genera leleoaion,lereafter, ad if a majority of t he.,lot qua ified to vote for members, of the legislature voting -thereon, shall ratify and approve such amendment or a.mendments, tile same shal1 i~nsXX * * _ t,T-SAt1t'}H'''-'D e7 Sec. 2. At the general election to be held in the year eighteen hundred and sixty-six, and in each sixtanth. year thereato, ad also at such other times a. the jsi ay;y/la*:.pt the question of a general revision of the constitution shall be submit ted to the electors qualified to vote for members of the legislature; and in case a majority of the electors so qualified, voting at such election, shall d'ae in favor of a convention r such purpose, the legislature, at:the ne:t:asion, shall i d,.a' he election of delegates to such conventiot. All the amendments shall.,tak ~- at the commencementa of the political year after tlieir adoption,, The amendmentsniade by the committee wexrocoacurred i and the artie was referred to the oemmtte on enrllment., Mr. McClelland, from the commnittee on arrangement and phrase. ology, to whom was referred-the " Bill of Rights,?" for the distri tion of itsSectnms, reported back the following, nd reommended their indefinite postponement.; 1. -ll poitical power is inherent in *the pep:!.pe-* Se 2. Governent is instituted for thei protection, s, i and 64 505 9 JOURNAL "OF THE'CONVENTION — [Aug1.!4, benefit of the peple; and they have the ight at times to alter or reform the same, and to abolish one form of government and,establish another, whenever the public' good r~uires it. Sec.:'No man or st of mnen re entitled to eclusia or parate privileges. Sec. 30. All acts of the Legislature, contrary to this or ay other article of this Constitution, shall. bevid"' And the same were indefinitely postponed. Mr. Mctllland, from the same committee, reported back the resolution relative to the question of "colored suffrage.2' And the same was referito the committee on the:schedule - :On.motifon of Mr. Beeson, Reolved, That the sum of twenty diltars be paid to 3es Marsden, Oliver C. Wiswell, Gideon Paul and Edward P. Rankin, for enrolling the Constitution, and that the officers of the Convention be authorized to iue thr war nt for the same. M'r. Mobfref,o.d-the following:;... Resolved, That when this Convention adjourn, it shall meet;a:gain And the same was agreed to. Mr. Whipple, from the committee on arrangementand kph, eol,. ogy, reported i -. ARTICLE XX. SCHEDULE. I That no inconvenience may arise from the changes in the conistitution of this State, and in order to carry the same into compluee o, ration, it is hereby declared, that -Sec. 1-. The common law and the statute laws now in force, not repugnant to this constitution, shall remain in force until th-eyexpire by their own limitations,,or are akered or repealed by the Legislature. Sec. 2. All writs, actions, causes of action, prosecutions and rights of individuals and of bodies incorporate, and of the State, and all charters4of corp ation, shall, continue; and all- indictments whiel shall have been found, or which mnay hereafter be fouad, for ay crime or offence committed before the adoption:of this constitution,; may be proceeded upon as if no change had taken place.- The several courts, except as herein otherwise provided, Shall continue with the 506 TO REVISE THE CONSTUTION. like powers and jurisdiction, both at law and in equity, u if this constitution had not been adopted, and until the organization of the judi cial department under this constitution. Sec. 3. That all fines, penalties, forfeitures and escheats accruing to the State of Michigan under the present constitution and laws, shall accrue to the use of the State under this constitution. Sec. 4. That all recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this'constitution, to the people of) the Stme of Michigan, to any State, county or township, or any public officer or public body, or which may be entered into or excuted under existing laws, " to the people of the State of Michigan," to any such officer or public body, before the complete organization of the departments of government under this constitution, shall remain binding and valid; and rights and liabilities upon the same shall continue, and may be prosecuted as provided by law. And all crimes and misdemeanors and penal actions, shall be tried, punished and prosecuted, as though' no change had taken place, until otherwise provided by law.. v i Sec. 5. A Governor and Lieutenant Governor shall be chosen u"nder the existing constitution and laws, to serve after the expiration of the term of the present incumbent. Sec. 6. All officers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by competent authority, until superseded under the laws now in force, or under this constitution. Sec. 7. The members of the Senate and House of Representatives of the Legislature of one thousand eight hundred and fifty.one, shall continue in office under the provisions of law, until superseded by their successors elected and qualified under this constitution. Sec. 8. All county officers, unless removed by competent authiority, shall continue to hold their respective offices until the fi,'st day of January, in the year one thousand eight hundred and fifty-three. The laws now in force as to the election,-qualification and duties of ,township officers, shall continue in force until the- Legislature shall, in conformity to the provisions of this constitution, provide formihe -holding of elections to fill such offices, and prescribe the duties' of such officers respectfully. 1850.] 1507 JOURNAL OF THE CONVENTION [Aug. 14, Sec. 9. On the first day of January, in the year one thousand eight hundred and fifty-two, the terms of office of the judges of the supreme court, under existing laws, and of the judges of the county courts, and of the clerks of the supreme court, shall expire on the said day. Sec. 10. On the first day of January, in the year one thousand eight hundred and fifty-two, the jurisdiction of all suits and proceedings then pending in the present supreme courts, shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and,proceedings at law and equity, then pending in the circuit courts and county courts for the several counties, shall become vested in the circuit courts of the said counties, and district court for the Upper Peninsula. Sec. 11. The probate courts, the cou,nts of justices of the peace and the police court utbo4rized by an act entitled "an act to establish a police court in the city of Detroit," approved April second, one thousand eight hundred and fifty, shall continue to exercise the jurisdiction and powers now pnrred upon them respectively, until otherwise provided by law. Sec. 12. The office of State Printer shall be vested in the present incumbent until the expiration of the term for whtch he was elected under the law then in force; and all the provisions of the said law relating to his duties, rights, privileges and compensation, shall re. main unimpaired and inviolate until the expiration of his said term of office. Sec. 13. It shall be the duty of the Legislature, at their first session, to adapt the present laws to the provisions of this constitution, as far as may be. Sec. 14. The Attorney General of the State is required to prepae and report to the Legislature, at the commencement of the next session, such changes and modifications in existing laws as may be deemed necessary to adapt the same to this constitution, and as may be best calculated to carry into effect its provisions; and he shall receive no additional compensation therefor. Sec. 15. Any territory attached to any county for judicial purl)oses, if not otherwise represented, shall be considered as forming Pt SOB 18SO0.] TO REVISE THE CONSTITUTIO-N. of such county, so far as regardsetletions for the purpose of repte sentation. - Sec. 16. This constitution shall be submitted to the people for their adoption or rejection, at the general election to be held on the'first Tuesday'of November, one thousand' eight hundred' and fifty; and there shall also be submitted for adoption or rejection, a the same time the separate resolution in relation to the elective franchise; and it shall be the duty of the Secretary of State, and all other officers required to give or publish any notice in regard to the said general election, to give notice, as provided by law in case'of an elelion of Governor, that this constitution has been duly submitted to the electors at said election. Every newspaper within this State pnblishing in the month of September next, this constitution as sub. mitted, shall receive, as compensation therefor, the sum of twentyfive dollars, to be paid as the Legislature shall diret Sec. 17, Any person entitled to vote for members of the Legislature, by the constitution and laws now in force, shall,'at the said elec. tion, be entitled to vote for the adoption or rejection of this constitution, and for or against the resolution separately submitted, at the places and in the manner provided by law for the election of members of the Legislaturee... Sec. 18. At the said general election, a ballot box shall be kept by the several boards of inspectors thereof, for receiving the votes cast for or against the adoption of this Constitution; and on the ballots shall be written or printed, or partly written and partly printed, the words "Adoption of the constitution-yes," or "Adoption ofthe constitution-no." Sec. 19. The canvass of the votes cast for the adoption or rejection of this Constitution and the provision in relation to the elective franchise separately submitted, and the returns thereof shall be made by the proper canvassing officers, in the same manner as now provided by law for the canvass and return of the votes cast at,an election for Governor, as near as may be, and the return thereof shall be directed to the Secretary of State. On the sixteenth day of December next, or within five days thereafter, the Auditor General, State Treasurer and Secretary of State shall meet at the capitol and proceed in presence of the Governor, to examine and canvass the re . 509 510 JOURNAL OF WHE CONVENTION [Aug. 14, turns of,the said votes, and proclamation shall forthwith be made by the Governor of the result thereof. If it shall appear that a majority of the votes cast upon the question have thereon "Adoption of the Constitution-yes," this constitution shall be the supreme law of the State from and after the first day of January, one thousand eight hundred and fifty-one, except as is herein otherwise provided; but if a majority of the votes cast upon the question have thereon "Adoption of the Constitution-no," the same shall be null and void. And in case of the adoption of this constitution, said officers shall immediately, or as soon thereafter as practicable, proceed to open the statements of votes returned from the several counties for judges of the supreme court and State officers under the act entitled "An act to amend the revised statutes and to provide for the election of certain officers by the people in pursuance to an amendment of the Constitution, approved February sixteenth, one thousand eight hundred and fifty," and shall ascertain, determine and certify the results of the election for said officers under said acts, in-the same manner, as near as may be, as is now provided by law in regard to the elec. tion of Representatives in Congress. And the several judges and officers so ascertained to have been elected may be qualified and enter upon the duties of their respective offices, on the first Monday of January next, or as soon thereafter as practicable. Sec. 20. The salaries or compensation of all persons holding office under the present canstitution shall continue te be the same as now provided by law, until superseded by their successors elected or appointed under this constitution; and it shall not be lawful hereafter for the Legislature to increase or diminish the compensation of any officer during the term for which he is elected or appointed. Sec. 21. The Legislature, at their first session, shall provide for the payment of all expenditures of the Convention to revise the constitution and of the publication of the same as is provided in this arti. cle. Sec. 22. Every county except Mackinaw and Chippewa, entitled to a representative in the Legislature, at the time of the adoption of this constitution, shall continue to be so entitled under this constitution; and the county of Saginaw, with the territory that may be attached, shall be entitled to one representative; the county of Tusco 18507::, TO, REVISE$THE CTON'!TUTION. la, andthe territory that may b ttaohed, one representative; the couy of Sa c, and the territoryttmay be attached, qne repre sentative; the~ countiqs of Midlad and 4Aronac, with the t,ritory that may attached, one represntative; the county of Mont,m, with the territory that may be attached thereto, one representative; and the counties of Neway and Oceanna, with the territory that may be attached thereto, one representative. Each county having aGratio of representation and a fraction over, equal to a moiety of said ratio, shall be entitled to two representatives, ad so on above that number, giving one additional member for each additional ratio. Sec. 23. The aes pending and undisposed of in the late court of chacery at the time of the adoption of this constitution, shall coninue to be heard and determined by the judges of the supreme court. But the Legislature shall, at its session in one thousand eight hundred and fifty one, provide by law for the transfer of said causes that ma re.msa un,4isposed of on the first day of January, one thou. san.d eight hundred and fifty-two, to the supreme or circuit court established by this constitution, or require that the same may be heard' and determined by the circuit judges.. Sec. 24. The term of office of the Governor and Lieutenant Governor shall com ce on the first day of January next after their election. See., 25. The territory described in the article entitled "Upper Peninsula,," shall be attached to and constitute a part of the third circuit for the election of a Regent of the University. Sec. 26. The Legislature shall have authority, after the expiration of the term of office of the district judge firt elected fr to "Upper Peninsula," to abolish said offingf district judge and district attor. iaey, or either of them. Sec. 27. The Legislature shall, at its session of one thousand eight hundred and fifty-one, apportion the Representatives among the several counties and districts, and divide the State into Senate districts, pursuant to the provisions of this conistitution. Sec. 28. The terms of office of all State and county officers, of the circuit judges, members of the board of education, and members of the Legislature, shall begin on the first day of January next suc. reeding their election. 511 Ji:A'lO T:tlfg,COXENTI6' [At X:?i. ' OLUjta-oL. S 8e 29. At the' net general eletiob, and at the arre;tiewhe the votes of the electo shall be taken Fior the adoIion o ri' eietion of this constitution, an Additional ti"endmenfit to se'tion one df article seven, in the words fbllowing: "Every colored male inhabitant possessiing t he qualifiations re quired by the first sectio 0 f the second article of the Co'itution, shall have the rights and prvileges' of9 an elector,"' ~;: Shall be'separately submitted to the electors of his State for their adoption or rejection, in form following, to wit: A separate ballot may be given by every person having a right to vote for the revised Constitution, to be deposited in a separate bOx. Upon the ballot given'for the adoption of the said separate amendment shall be written or printed, or partly written and partly printed, ithe'ords "Equal suffrage to colored persons! Yes;" and upon all ball'6ts given against the adoption of the said separate amendment, in like manner, the words "Equal suffrage to colored persons? No."- And'on such ballots shall be written or printed, or partly written ahd"pary printed, the words "Constitution: Suffrage," in such mapner that such w6rds shall appear on theouter side of such ballot whenfolded. If, at said election, a majority of all the votes given for and against the said separate amendment shall contain the words, "Equal suffrage tO, b red persons! Yes," then there shall be inserted in the" first section of the article, between the Wods b',ibe" and'bshall," these words'," and every colored male inhabitant," anything in the Constitution to the contrary notwithstanding. And the amendments were severally concur red in. The article was ordered to a third reacing, and so read, when, Mr. Chapel moved to lay the same on the table and 0order it printed. But the motion was lost. And the article was then passed. On motionof Mr. Gardiner, The Convention adjourned. tit 1850.] TO REVISE THE CONSTITUTION. Lansing, Thursday, August 15, 1850. The Convention met pursuant to adjournment, and was called to order by the President. Prayer by the Rev.'Mr. Tooker. The roll being called, there were absent on leave, Messrs. Backus, Bagg, Alvarado Brown, J. Clark, S. Clark, Cook, Dimond, East. man, Graham, Hathaway, Hixon, Mason, Raynale, M. Robinson, Story, Sullivan, Sutherland, Tiffany, Wells, Willard and Witherell; and without leave, Messrs. P. R. Adams and McLeod. RESOLUTIONS. On motion of Mr. Hart, Resolved, That the Secretary of the Convention draw a certificate in favor of Ezra Willis, for the sum of three dollars, for services as door keeper the first day of the session, and for cleaning and putting the Hall in order after the adjournment of the Convention. On motion of Mr. Hascall, Resolved, That the State Printer deposit with the Secretary of State the journals, reports and documents to which each member and officer of the Convention is entitled, put up in separate parcels, and marked with the name of the member and officer entitled to each, subject to his order. The President called Mr. Williams to the chair. Mr. Gardiner offered the following: Resolved, That 2400 copies of the Constitution, as adopted by this Convention, be printed in a pamphlet form, to be distributed one to each of the newspapers of the State, and the remainder equally amongst the members of this Convention. And the yeas and nays being ordered thereon, the resolution was adopted, as follows: YEAS: Mr. Alvord, Anderson, Arzeno, Britain, Ammon Brown, Chandler, Choate, Church, Mr. Daniels, Desnoyers, Gardiner, Gibson, Hart, Harvey, Kingsley,T Marvin, 65 51,3 Mr. Moshor,, O'Brien,. 'Orr Robertson, B.'S. Robinson, Rix Robinson, Town,, VanValkenburgh, JOURNAL OF THE CONVENTION [Atig. 15, Comstock, McClelland, Warden, Conner, Moore, Williams, 30 NAYS. Mr. W. Adams, Mr. Cornell, Mr. Prevost, Axford, Crary, Redfield, Barnard, Danforth, Roberts, H. Bartow, % Green, Skinner, J. Bartow, Hacall, Sturgis, Beardsley, Leach, Wait, Bush, Lee, Walker, Butterfield, Lovell, White, Carr, Newberry, Woodman, Chapel, N. Pierce, 29 Mr. Alvord offered the following: Resolved, That the secretary of this Convention, and the reporters appointed under resolution of June 3d, and the door-keeper, be and they are hereby allowed the same mileage as is allowed to the members of this Convention. Mr. Woodman moved to insert, "and messengers;" which was lost. On m"otion of Mr. Woodman, The resolution was indefinitely postponed. Mr. (Churchoffered the following: Resolved, That the sum of twenty-five dollars be and is hereby allowed to Edwin R. Merrifield, for extra services as doorkeeper and sergeant-at-arms pro tempore to this Convention, and that a certificate be dra'wn for the same, in the usual manner. Mr. Fralick moved to indefinitely postpone the same, anid the yeas and nays being had thereon, teie motion to indefinitely postpone was lost as follows: YEAS. Mr. Danforth, Daniels, - Desnoyers, Fralick, Gibson, Green, Harvey, Hascall, Kingsley, Leach, Mr. Marvin, Morrison, Newberry, N. Pierce, Skinner, Sturgis, Town, Wait, Williams, - Woodman, Mr. W. Adams, Axford, Barnard, H. Bartown, Britain, rAmmon Brown, ,Asahel Browtn 'Batns, .,.. Cart, ;.Com.I ,fCornell, ,,$I,4 31, 1850.1 TO REVISE THE CONSTITUTION. NAYS. Mr. Gale, Gardiner, Hart, o Lee, McClelland, Moore, Mosher, O'Brien, Orr, J. D. Pierce, And on the adoption of the resolution the yeas and nays were had and the result was as follows: YEAS. Mr. Alvord, M Anderson, Arzeno, Barnard, H. Bartow, J. Bartow, Beardsley, Beeson, Bush, Chapel, Church, Mr. O'Brien, Prevost, -Roberts, aRobertson, E. S.Robinson, Van Valkenburgh, Walker, Warden, Webster White, huc le, Whip,.33 Mr. W. Adams, Mr. Danforth, Axford, Daniels, Britain, Desnoyers, Ammo Brown, Fraliok, Asahel Brown, Gibson, Burns, Green, Carr, Harvey, Chandler, Hascall, Choate; Kingsley, Comstock, Leach, Conner,' Marvin, Cornell, Moore, So the resolution was not adopted. On moto of Mr. Edmunds, Resolved, That the thanks of this Convention be untnim'usly tendered to the Hon. Daniel Goodwin, President o~ the Convention, for the ale and impartial mner in which he has discharged* the du. ties of presiding officer or this body. 516 Mr. Alvord, Andersoia, Arzeno, J., Bartow,, Beardsley, Chapel, Choate, Church, Conner,, Crary, Edmunds, Mr. Pre,vos4 Redfi'eld..,' Roberts, . I Igobertson,., E. S. Robinso Rix Robinson, Van Valkenbu Walkeri, - Warden,. .. White,, 31 d,' Mr. Newberry, Orr,' N. Pierce, Redfield, - Rix R;obinson, Skinne l, I I I Wait, Whi'ttemore,I . WI illiarft, I. 45 JOURNAL OF THE CONVENTION [Aug. 15, Mr. Lovell offered the following: Resolved, That the thanks of this Convention be presented to John Swegles Jun., H. S. Roberts, and Charles Hascall, for the faithfulness and ability with which they have discharged their duties as secretaries. And the resolution was unanimously adopted. On motion of Mr. Hart, The majority report of the select committee upon dividing the State into judicial districts was taken from the table. Mr. J. Bartow offered the following, based upon the report, to stand as a seperate section of the "Schedule." "The State, exclusive of the Upper Peninsula, shall be divided into eight judicial circuits, and the counties of Monroe, Lenewee and Hillsdale shall constitute the first circuit. The counties of Branch, St. Joseph, Cass and Berren shall constilute the second circuit. The county of Wayne shall constitute the third circuit, The counties of Washtenaw, Jackson and Ingham shall constitute the fourth circuit. The counties of Calhoun, Kalamazoo, Allegan, Barry and Van Buren shall constitute the fifth circuit. The counties of St. Clair, Macomb and Oaklandshall constitute the sixth circuit. The counties of Lapeer, Genesee, Saginaw, Shiawassee, Livingston, Tuscola and Midland shall constitute the seventh circuit. And the counties of Eaton, Kent, Ottawa, Iona, Clinton and Mont. calm shall constitute the eighth circuit." Mr. Bush moved to substitute for the foregoing, the minority re port of the committee. Mr. Morrison moved the indefinite postponement of the whole subject. Which was lost. Mr. Walkersubmitted the following substitute for the one proposed by Mr. Bush: "The State is hereby divided into eight judicial circuits, to wit: The first: circuit shall consist of the counties of Monroe, Lenawee and Hillsdale. $16 1550.] TO REVISE THE CONSTITUTION. 517 The second circuit shall consist of the counties ef Branch, St. Joseph, Cass and Berrien. The third circuit shall consist of the counties of Wayne and Wash tenaw. The fourth circuit shall consist of the counties of Jackson, Cal. houn, Kalamazoo, Van Buren and Allegan. The fifth circuit shall consist of the counties of Kent, Ottawa, Iona, Barry and Montcalm. The sixth circuit shall consist of the counties of Eaton, Clinton, Shiwassee, Ingham and Livingston. The seventh circuit shall consist of the counties of Oakland, Genesee and Saginaw. The eighth circuit shall consist of the counties of Macomb, St. Clair, Lapeer and Sanilac.:' And the yeas and nays being had on the adoption of Mr. Walker's proposition, The same was rejected, as follows: YEAS. Mr. Axford, Mr. Crouse, Mr. Rix Robinson, Barnard, Danoibrth, Van Valkenburgh Burns, Hanscom, Walker, Bush, Lee, Warden, Chapel, Mowry, Whittemore, Choate, Newberry, Williams, Church, Robertson, Woodman, 21 :. ~ NAYS: Mr. W. Adams, Mr. Desnoyers, Mr. Marvin, Alvord, Eaton, Morrison, Anderson, Edmunds, Mosher, Arzeno, Fralick, O'Brien, J. Bartow, Gale, J. D.' Pierce, H. Bartow, Gardiner, N. Piercet, Britain, Gibson, Prevost, Ammon Brown, Green, E. S. Robinson, ' Asahel Brown, Hart, Skinner, Butterfield, Harvey, Soule, Carr, Hascall, Town, Chandler, Kingsley, Wait, Comstock, Kinne, Webster, Cornell, Leach, White, Crary, Lovel, President, Daniels, 46 JOURNAL OF THE CONVENTION [Aug. 15, r modified his:proposition by adding the county of th district. d moved to amend the proposition of Mr. Bush by e apportionment for the 4th district, the county of dattaching the same to the 3d district. dment did not prevail. adoption of the minority report proposed by Mr. itute for Mr. Bartow's proposition, nays were ordered, and the result was as follows: YEAS. Mr. Danforth, Mr. E. S. Robinson, Hanscom, Soule, Kinne, Sturgis, Lee, Walker, Morrison, Warden, Mowry, Webster, Newberry, Whittemore, N. Pierce, Williams, Robertson, W'oodman, NAYS. Mr. W. Adams, Mr. Desnoyers, Mr. Marvin, Alvord, Eaton, Mosher, H. Bartow, Edmunds, O'Brien, J. Bartow, Fralick, Orr, Beeson, GCale, Prevost, Britain, Gardiner, Redfield, Ammon Brown, Gibson, Rix Robinson, Asahel Brown, Green, Skinner, Carr, Hart, Town, Chandler, Harvey, Van Valkenburg, Choate, Hascall, Wait, Church, Kingsley, White, Comstock, Leach, President, Daniels, Lovell, 41 So the substitute was not adopted. The question recurring on the adoption of Mr. J. Bartow's proposition, Mr. Church moved to amend the same by transferring in the apportionment for the fifth and eighth districts the counties of Barry and Eaton, so that the county of Barry should be placed in the eighth district, and the county of Eaton in the fifth. 518 Mr. Anderson, Barnard, Burns, Bush, Butterfield, I Chafpel, Conner, Cornell, Crary, Crouse, 28 TO REVISE THF CONSTITtO And the amendment was accepted by Mr. Bartow. Mr. Robertson moved the following as an addition to th* prposi. tion under consideration: "Sec.-. Any citizen of this Stat shall be eligible to the onice of circuit judge in any judicial circuit, without reference to his residence at the time of his election." Mr. Eaton moved the previous question, and the same being seconded, the main question was ordered to be now put. Mr. Robertson's amendment was then disagreed to. And the question being on the adoption of Mr. J. Bartow's prop. osition, The same was agreed to as an additional section to te schedule. On motion of Mr. Van Valkenburgbh, ResoZved, That the thanks of the Convention be tendered to Edwin R. Merrifield, for the efficient and courteous manner in which he has discharged his duties as door-keeper during the sessin. The President took the chair. Mr. Gardiner called up his resolution of yesterday, relative to the supervision and printing of the reports. Mr. Walker moved to strike out "C. J. Fox," and -insert " Jo, seph Coates." Mr. Robertson moved the previous question, and the same being seconded, the main question was ordered to be now put. The amendment of Mr. Walker was disagreed to by yeas and nays, as follows: YEAS: Mr. Eaton j, Edm.ds, Fralick, Lee,, Moore, sMowry, -Nhewberry, N. Pierce, Prevost, NAYS: Mr. Gardiner, Green, Btanscom, Htart, 1%0.] Mr. W. Adams, An,derson, Axford, Barnard, I-1. Bartow, Asahel Brown, chapell,' Crouse,.,. Danforth, Mr. E. S. Riobinson, Skir*p,or, Stu, -'i rg , B., , viii'Volkenburg, IW'eil ke r,' , Warclen,, Webster,l w. I I ill"' W004Zn. 27 Mr. Mosh'er,,,; &Brien,' "i . I r,: I I I ot ''' J. 1). Pierce, Mr. Alvord, I. Arzeno, J. Bartow, Beeson, - JOURNA-L OF THE CONVENTION [Aug. 15; Britain, Harvey, Rdfield, Burnse Hascall, Robertson, Chandler,. Kingsley. Rix Robinson, Choate, Kinne, Town, Church, Lovi ell, Wait, Comstocki+' Marvin, White, Conner, McClelland, Whipple, Daniels, 43 And the question being on the adoption of the resolution proposed by Mr. Gardiner, The same was agreed to by yeas and nays, as follows: YEAS. Mr. Alvord, Mr.'Daniels, Mr. Morrison, A,zeno, Gale, Mosher, J. Bartow,. Gardiner, Mowry, Beeson, Green. O'Brien, Britain, Hanscom, J. D. Pierce, 'Burns, Hart, N. Pierce, Bush', -Harvey, Redfield, Butterfield,. Hascall, Roberts, Carr, Kingsley, Robertson, Chandler, Kinne, Rix Robinson, Choate, Leach, Town, Church, Lovell, White, Comstock, Marvin, Whipple, Conner, McClelland, President, Cornell,; Moore, 44. NAYS. Mr, W. Adams, Mr. Chapel, Mr. Soule, Anderson, Danforth, Sturgis, Axford, Desnoyers, Wait, Barnard, Edmunds, Walker, H. Bartow, Gibson, Warden, Am mn Brown, Newberry, Whittemore, Asahel Brown, Prevost Woodman, 21 Mr. Gardiner, from the committee on printing, to whom was re ferred the resolution of yesterday, directing them to inquire into the expediency of ordering the old and new constitutions printed in the Dutch, German and French languages, reported the same back, and that in theit.opinion it woald be inexpedient. And the repat was accepted and adopted, Mr. Woodman offered the foll0wing: Resolved, That the committee solicitin,,g subscriptions to.pay the clergy for services performed in this Conventionrare hereby'required 52e 1850.] TO REVISE THE CONSTITUTION. to report as soon as convenient, the amount of funds received, and the manner in which the same have been disposed of. On motion of Mr. Church, The resolution was indefinitely postponed. On motion of Mr. Cornell, The committee alluded to in the foregoing resolution were allowed liberty to report. Mr. J. D. Pierce reported, verbally, that the sum of $132 had been raised and disbursed to the officiating clergymen. On motion of Mr. Church, Resolved, That the members of this convention now absent, be requested and are hereby authorized to affix their signatures to the constitution adopted by this convention and enrolled by its order, whenever it may be convenient for them so to do. Mr. McClelland moved that when this constitution shall be enrolled it shall be signed by the members by counties as the same shall be called. And the same was agreed to. On motion of Mr. Woodman, Resolved, That the thanks of this convention are hereby tendered to the messengers for the faithful discharge of their duties. On motion of Mr. Beeson, Resolved, That the Governor be and he is hereby requested to draw his warrant upon the contingent fund for $550 and 62 one-hun. dredths in favor of the post master of Lansing, in full for the postage of this convention. On motion of Mr. Gardiner, Resolved, That Wm. Coates, Joseph Coates and Martin Mahon, be allowed their per diem allowance as reporters of the Convention, for eight days after the adjournment of the same, to complete their reports and prepare them for the press. On motion of Mr. Hanscom, Resolved, That the thanks of the Convention be tendered to the various reporters, for the efficient, accurate and prompt manner in which they have performed their duties On motion of Mr. Britain, Resolved, That the Secretary of this Convention be instructed to ?/ 66 521 ; JOURNAL OF THE CONVENTION [Aug. 15, draw his certificae in favor of Joseph Coates, William Coates and Martin Mahon, fbr the amounts due them respectively for eight day's services, authorized in the resolution this morning adopted. The President submitted the following report of the Secretary of the Convention: CONSTITUTIONAL CONVENTION Lansing, August 15, 1850. To the Honorable the Constitutional Convention of the State of Mi chigan: The undersigned, in compliance with a resolution adopted on the 12th inst, would respectfully report, that there is now on hand, ready to be delivernd over to the Secretary of State, the following articles of stationery, which, as per bill now in possession of the undersign ed, amount to the sum of $184,09, as follows: 21 doz. Ink Stands, 8s per doz., $ 50 80 Pen Holders, 20s per gross, 1,30 7 large and 150 small sticks sealing wax, at 12s per lb., (having no scales and weights to weigh the same,) say, 20,00 675 quills at $2,87~ per C., 19,40 31 doz. Lead Pencils, 4s per doz., 1,75 Gum Arabic, at 8s per lb., say, 5,00 3000 Envelopes, 4,50 1 ream Engrossing paper, 10,83 4 do do do (allowed,but not received, and now chargedto F. P. Markham & Brother,) 19,50 1 doz. Sand Boxes, 16s per doz., 2,00 1 " Wafer Boxes, 16s per doz., 2,00 225 Envelopes,,44 51 doz. Inks, (pints,) $3,50 per doz., 19,62 1I " " " broken in transportation, 6,63 i4 "" (quarts,) $4,50 per doz., 12,37 " " " broken in transportation, 2,25 1 " small bottles of Ink,,50 $ Reams Envelope paper, $5,00 per ream, 43,75 1* gross paper sand, $6,00 per gross, 6,75 I doz. Gold Pens, $12,00 per doz., 4,00 The undersigned proposes to return his pen after the adjourn mont, (it is as good~as new,),00 184,09 $184,09 .1 622 1850.] TO REVISE THE CONSTITUTION. In addition to the foregoing, the following articles may, wifth propriety, be reported, viz: 2 brushes, 2 cups, 1 gaL measure, 1 blank book for ac counts with members, $1,36 4 brooms, Is 3d. each, for sweeping hall,,64 1 pail, 2 pr. shears for Secretaries, 1,31 5~ yds. crape,, do. 4s, 2,94 4i "Bombazine, 10s, 5,63 6a4 a 8s, 6,75 counts with members, ~~$1,36, 4i Bombazine, 10s, ~~~~~5,63, 6I 8s, 67 74 "black crape, 6s, (torn up for badges,) 5,44 1 paper pins, lacking 3 rows,,1 $24,17 A portion of the above articles are nearly worthless. A portion however, are nearly as good as new, and will be disposed of as the Convention may see fit to direct. The undersigned begs leave to say, that in consequence of the rejection by the Convention, of a resolution reported by the committee on supplies and expenditures, on the 6th day of June last, he deems himselfentirely relieved from any responsibility as to the manner of the distribution of said stationery, yet, at the request of the committee on supplies and expenditures, he has, in a measure, taken sharge of the same, and by minutes which he has kept, finds the stationery delivered to each member, to amount to sums varying from three to five dollars. All of which is respectfully submitted. JOHN SWEGL, Jr., Secretary Gonvention. On motion of Mr. Hanscom, ResoZved, That this Convention recommend to the next Legislature, that proper compensation be paid by the State, to the proprietors of the various Newspaper Press, who have regularly furnished the members of this Convention with their papers. On motion of Mr. Britain, Resolved, That the State Printer be requested to complete the publication of the daily journals, and forward the same to the members respectively by mail, with as little delay as practicable. Mr. Beeson, from the select committee upon enrollment, reported 52& JOURNAL OF THE CONVENTION [Aug. 15, the Constitution and Schedule as correctly enrolled, and submitted the same to the Convention, reading as follows: CONSTITUTION OF THE STATE OF MICHIGAN. The People of the State of Michigan do ordain this Constitution: ARTICLE I. BOUNDARIES. The State of Michigan consists of and has jurisdiction over the territory embraced within the following boundaries, to wit: Comrmencing at a point on the eastern boundary line of the State of Indiana, where a direct line drawn from the southern extremity of Lake Michigan to the most northerly cape of the Maumee Bay shall intersect the same-said point being the north-west corner of the State of 'Ohio, as established by act of Congress, entitled "an act to establish the northern boundary line of the State of Ohio, and to provide for the admission of the State of Michigan into the Union upon the conditions therein expressed," approved June fifteenth, one thousand eight hundred and thirty-six; thence with the said boundary line of the State of Ohio till it intersects the boundary line between the United States and Canada in Lake Erie; thence with said boundary line between the United States and Canada through the Detroit river, Lake Huron and Lake Superior to a point where the said line last touches Lake Superior; thence in a direct line through Lake Superior to the mouth of the Montreal river; thence through the middle of the main channel of the said river Montreal to the head waters thereof; thence in a direct line to the centre of the channel between Middle and South islands in the Lake of the Desert; thence in a direct line to the southe rn s hore of Lake Brule; thence along said outhern shore and down the river Brule to the main channel of the -Menominie river; thence down the centre of the main channel of the same to the centre of the most usual ship channel of the Green Bay of Lake Michigan; thence through the centre of the most usual ship channel of the said bay to the middle of Lake Michigan; thence through the middle of Lake Michigan to the northern boundary of the State of Indiana, as that line was established by the act of Congress of the nineteenth of April, eighteen hundred and sixteen; thence due east with the north boundary line of the said State of Indiana to the 824 1850.] TO REVISE THE CONSTITUTION. north-east corner thereof; and thence south with the eastern boundary line of Indiana to the place of beginning. ARTICLE II. SEAT OF GOVERNMENT. ~ 1. The Seat of Government shall be at Lansing, where it is now established. ARTICLE III. DIVISION OF THE POWERS OF GOVERNMENT. ~ 1. The powers of government are divided into three departments: the Legislative, Executive and Judicial. ~ 2. No person belonging to one department shall exercise the powers properly belonging to another, except in the cases expressly provided in this constitution. ARTICLE IV. LEGISLATIVE DEPARTMENT. ~1. The legislative power is vested in a Senate and House of Representatives. ~ 2. The Senate shall consist of thirty-two members. Senators shall be elected for two years, and by single districts. Such districts shall be numbered from one to thirty-two inclusive; each of which shall choose one Senator. No county shall be divided in the formation of Senate districts, except such county shall be equitably entitled to two or more Senators. ~ 3. The House of Representatives shall consist of not less than sixty-four, nor more than one hundred members. Representatives shall be chosen for two years, and by single districts. Each Representative district shall contain, as nearly as may be, an equal number of white inhabitants, and civilized persons of Indian descent, not members of any tribe, and shall consist of convenient and contigu ous territory. But no township or city shall be divided in the formation of a Representative district. When any township or city shall contain a population which entitles it to more than one Representative, then such township or city shall elect by general ticket the number of Representatives to which it is entitled. Each county hereafter organized, with such territory as may be attached thereto, shall be entitled- to a separate Representative when it has attained a population equal to a moiety of the ratio of representation. In every county entitled to more than one Representative, the board of 525 JOURNAL OF THE CONVENTION [Aug. 15, supervisors shall assemble at such time and place as the Legislature shall prescribe, and divide the same into Representative districts, equal to the number of Representatives to which such county is entitled by law, and shall cause to be filed in the offices of the Secretary of State and clerk of such county a description of such Representative districts, specifying the number of each district, and the population thereof, according to the last preceding enumeratien. ~ 4. The Legislature shall provide by law for an enumeration of the inhabitants in the year eighteen hundred and fifty-four, and every ten years thereafter; and at the first session after each enumeration so made, and also at the first session after each enumeration by the authority of the United States, the Legislature shall re-arrange the Senate districts and apportion anew the Representatives among the counties and districts, according to the number of white inhabitants and civilized persons of Indian descent, not members of any tribe. Each apportionment and the division into Representative districts, by any board of supervisors, shall remain unaltered until the return of another enumeration. ~ 5. Senators and Representatives shall be citizens of the United States, and qualified electors in the respective counties and districts which they represent. A removal from their respective counties or districts shall be deemed a vacation of their office. ~ 6. No person holding any office under the United States [or this State,] or any county office, except notaries public, officers of the militia and officers elected by townships, shall be eligible to or have a seat in either house of the Legislature, and all votes given for any such person shall be void. ~ 7. Senators and Representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest. They shall not be subject to any civil process during the session of the Legislature, or for fifteen days next before the commencement and after the termination of each session. They shall not be questioned in any other place for any speech in either house. ~ 8. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such mannner and under such penalties as each house may prescribe. 452ir) 1850.] TO REVISE TPHE CONSTITUTION. ~ 9. Each house shall choose its own officers, determine the rules of its procedings, and judge of the qualifications, elections anu returns of its members; and may, with the concurrence of two thirds of all the meiembers elected, expel a member. No mem ber shall be expelled a second time for the same cause, nor for any cause'known to his constituents antecedent to his election. The reason for such expulsion shall be entered upon the journal, with' the names of the members voting on the question. ~ 10. Each house shall keep a journal of its proceedings, and pub lish the same, except such parts as may require secrecy. The yeas and nays of the members of either house, on any questfion, shall be entered on the journal at the request of one-fifth of the members elected. Any member of either house may dissent from and protest against any act, proceeding or resolution which he may deem injurious to any person or the public, and have the reason of his dissent entered on the journal.' ~!1. In all elections by either house or in joint convention the votes shall be given viva voce. All votes on nominations to the Senate shall be taken by yeas and nays, and published with the journal of its proceedings. ~ 12. The doors of each house shall be open, unkss the publiec welfare require secrecy. Neither house" shall, without the consent of the other, adjourn for more than three days, nor to any other place than there the Legislature may then be in session. ~ 13. 3illts may originate in ei'her house of the Legislature. ~ 14. Every bill and concurrent resolution, except of adjournment, passed by the Legislature shall be presented to the Governor before it becomes a law. If he approve, be shall sign it; but if not, he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon their journal, and reconsider it. On such reconsideration, if two-thirds of the nimembers elected agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall be reconsidered. If approved by two-thirds of the members elected to that house, it shal become a law. In such case, the vote of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of each 527 528 JOURNAL OF THE CONVENTION [Aug. 15, house respectively. If any bill be not returned by the Governor within ten days, Sundays excepted, after it has been presented to him,-the same shall become a law, in like manner as if he hadsigned it, unless the Legislature, by their adjournment, prevent its return; in which case it shall not become a law. The Governor may approve, sign and file in the office of the Secretary of State, within five days after the adjournment of the Legislature, any act passed during the last five days of the session; and the same shall become a law. ~ 15. The compensation of the members of the Legislature shall be three dollars a day for actual attendance and when absent on account of sickness, for the first sixty days of the session of the year one thousand eight hundred and fifty-one, and for the first forty days of every subsequent session, and nothing thereafter. When convened in extra session their compensation shall be three dollars a day for the first twenty days, and nothing thereafter; and they shall legislate on no other subjects than those expressly stated in the Governor's proclamation, or submitted to them by special message. They shall be entitled to ten cents and no more for every mile actually traveled, going to and returning from the place of meeting, on the usually traveled route; and for stationery and newspapers not exceeding five dollars for each member during any session. Each member shall be entitled to one copy of the laws, journals and documents of the Legislature of which he was a member; but shall not receive at the expense of the State, books, newspapers, or other perquisites of office, not expressly authorized by this constitution. 16. The Legislature may provide by law for the payment of postage on all mailable matter received by its members and officers during the sessions of the Legislature, but not on any sent or mailed by them. ~ 17. The President of the Senate and the Speaker of the House of Representatives shall be entiled to the same per diem compensation and mileage as members of the Legislature, and no more. ~ 18. No person elected a member of the Legislature shall receive any civil appointment within this State, or to the Senate of the Uni ted States, from the Governor, the Governor and Senate, from the Legislature, or any other State authority, during the term for which he is elected. All such appointments and alI votes given for any 1~.] TO REVISE TH~E CONSTI~~TUON:. 1850.] TO~ EEVISE3 T~H,E-CO TITUil person so elected for any such office or appitme, 1l bt *oidd No member of the Legislature shall be rit*eted, die i recetly, i any contract with the Sate, or aey oanty te, au thorized by any law passed, during the time fot wieh heis ted, ior for one year thereafter. ~ 19. Every bill and joint resolutio shall b read 4he times in each house, before the final passage theeoe. No bill t Joit reso lution shall become a law without the coneurrenee of u of all the members elected to each house. On the final passageof all bills the vote shallaU be by aye ad n s, a e teeed on thbe journal. ~ 20. No law shall embrace more than oneje, which,sall be expressed inits title. No public act shall take effeetto be, i rce until the expiration of ninety days from the end of the session at which the same is passed, unlessi the is re shall otherw direct, by a twohis voteo e memwbers l to / ~ 21. The Legislature shall not grant nor authorize extra cofpensation to any public officer, agent or contractor, after the service has been rendered or the contract entered j4ato. ~ 22. The Legislature shall proide by aw that ke of fuel and-saioery, for tho u,seof the,,, tat he t ig' - ing the laws and joutnals,:al t & the ae utive departments, and all other printing ordered by the Legislature,. sAll.be let by ec.tract to the lowest bidder or bidders, who shall give adequate and satisfactory securit for the performance t ~. The Legislature shall prescribe by law the aner i w,, h the State prinng shall be executed, and the aecon the rf; and shall prohibit a hgs for constrmucte labr They shall not rescind nor alter such cont act nor release the person. nor persons ta king the same, or his or their sureties, from the pero nce ofy of the conditions of the ontract. No member ef the Leg' te nor officer of the State, shall be interested dietly or indirecy in any such contrao t - ~ 23. The'Legislature shall not authorize, by ivat or special law, the sale or conveyance of any real estate bm i t a" person; nor vacate nor alter any road laid out by eommssie: ~f highways, or any st i ay city or'i1sge, - y a ry dl town plat mS 67 530 J.OURNAL OF THE CONVENiTION [Aug. 15, ~ 24. The Legislature may authorize the employment of'chaplain for the State prison; but no money shall be appropriated for the payment of any religious services in either house of the Legislature. ~ 25. No Ilaw shall be revised, altered or amended by reference to its title only; but the act revised, and the section or sections of the act altered or amended, shall be reenacted and published at length. ~ 26. Divorces shall not be gred by the Legislature. ~ 27. The Legislature shall:notauthorize any lottery, nor permit the sale of lottery tickets. N~ 8.:o new bill shall be introduced into either house during the last three days of the session, without the unanimous consent of the house in which it originates. - S -;:i~:-:29. InfO'case of a contested eleetion, the person only shall receive from the State per diem compensation and mileage, who isdeclaredato be entitled to a seat by the house in which the contest takes place. -::Ok No:colltetor,: holder,- nor~disburser of ubli moneys, shall have a seat in the Legislature, or be eligible to any offie off trust or profit under this State, until he shall have accounted for and paid over, as provided by law, all sums for which he may be liable. ~ 31. The Legislature shall not audit nor allow any private claim account. :~~ 3.2 The LegilatureoU t heday of final adjournment, shall adjorn at tllve o'clock at noon. ~ 33. The Legislature shall meet at the seat of government on tXefirst Wednesday in February next, and on the first Wednesday in:aua of every second year thereafter, and at-no other place or time, unless aspvide6d in this constitution. :~ 34. The election of:Senators and Representatives, pursuant to the pr0visions of this Consitntion, shall be held on the Tuesday suceeding the first Monday of November in ithe year one thousand eight hundred and fifty-two, and on the Tuesday succeeding the first Monday of November of every second year:thereafter. ~ Hi The Legislature shall n6t establish a State paper. Every neGpa:r in the. State Which shall publish all the geeral laws of any 5seio::Within forty days of thelir'passage, shall be entitled to receive a sum not exceeding fifteen dollars therefor. 1850.] TO ER EISE THE CONSTiTUtON. ;~ 3 The A Legislature shall provide for the speedy publicatioL of ,tl statutelaws,of a public nature, and of such judicial decisions it may deem expedient. All laws and judicial decisions shall befree for publication by any person. ~ 37. The Legislature may declare the cases in which-ayoffice shall be deemed vacant, and also the manner of filling the vacancy, where no provision -is-made for that purpose in this constitution. ~ 38. The Legislature may.confer upon organized townsps, i corporated cities and villages, and upon the board of supervis"rs of the several counties, such- powers of a local, legslatie and administrativ ca racter they may deem proper. -. ~ 39. The Legislature shall pass no law to prevent any person from worshiping Almighty God awcordi:g tothe dictateo s of ls own conscience, or to compel any person to: attend, erect or support any place ofreligious worship, or to pay tithes, taxes or other rates for the support of any minister of the gospel or teacher of religion. ;~ 40.:o money shall be appropriatedora lot t Id forthe -benefit of any religious sect or society, theological or religious seminary;:nors:ahll property beloning to the State be approprated for any such purposes. ~ 41. The Legislature shall not diminish or enlarge the civil or politicalrig,hts, privileges and capacities of any person on account of his opinion or belief:conc6rning matters of religion. ~ 42. No law shall ever be passed to restrain or abridge -the liberty of sp eech'or of Ethe press; but every person:maa;fieeie speak, write and publish his sentiets, on all subjects, being responsibleyfor the abuse of such right.. -: ~ 43. The Legislature shall pass no bill of attai'der, ex-post Hto law, or law impairing the obligation of contracts. H ~44. The privilege of the writ i lhabaes corpus remins and shall not be suspended by the Legislature, except in' case of rebellion or invasion the public safety require it. ~ 45. The:~ assent of two-thirdof f the members elted to each house of the Legislature shall be requisite to every dbill appropiting the public money or property for local or private purposes. ~. The gislature my authorize atrial by ajury of a less number than twelve men. JiURNAL OF.TH CN ~ENTION Auag. 15, ~ 47. he Legiilature hai not pass t at authorizig.the grat -of license for the sale of airdeat spir or othr intoxicatg liquors. - ~ 48. The style of the laws shall be "T he People of the State of ]lichigan eact." ARTICLE ~. ~ 1. The Executive power is vested in a Governor, who shall iold his office for two years. A Lieutenant: Goverr sihall be chosen for the az term. 4. o person sall be.eligible to the oGice Qf, ove. or or Lieutenant Governor, who has a; bben ve.years Acitizen of the Uniited tates, and a,:et thisState to ye hi elec tion; nor shall any person be eligible to either offiee who has xat attained the age of thirty years. ~3. The vernor and eute,nant Goveor shall be elected at t times- aces of~ ngte members o. The:son having thehighest number of votes for Gove'ran or Lieie-* nt aovertiorh sane elected. In cme two or more persons shall have an eual andthe:highest number of votes for Governor or Li;teant Governor, the Legislature shall, by joint vote,o! eo o sch persons... 44t -;teBfove irsLl be OoCmmander-inhief of the military ad naval forces, and may call out such forces to execute the laws, to suppress insurretions aud to repel invasions. 4~. He shall transact all neeessay bness with office f og erament, ~d ryequire information, in wring,,from t of the Executive departnent, upon any subject relating to ldies of their respective offices. ~ 6. He shall take care that the laws be f~itt!y eeeuted. ~,. He may vene the Legislature on extraordinary occaios. ~ 8. He shall give to the Legislturte,and at the close of hsoficial term to the next Legilature, information. by messag e of the condition-of the Stte, 8 re1nmend such measures to tm as he shal r expendiet. ~ 9. Hey conve the Legisature at e other place whe the seatiof goemnmnt: beeomes dangerous or a cmmon enemy. 6s,2 1S50.] TO, REVISE THE CONSTITUTON. ~ 10 He sohfl issue writs"of election to fill such Vacancies as qccsc i the Senate or House of Representatives. 1 1. He may grant reprieves, commutations and pardons after convictions, fbr all offences except treason add cases of imp me nt, upon such conditions, and with such restrictionsand lmitations, as he may think proper, subject to regulations providei by liw;ietive to the manner of applying for pardons. Upon eonvitin for treason, he mnay sespend the execution of the sentence until the case shall be reported to the Legislature at its next sessiton, when the Leislature shall either pardon, or commute the sentenoe, direet the eat cution of the sentence, or grant a furtherrepreve. He shall communicate to the Legislature at each session information of each case of reprieve, commutation or pardon granted, and the reasons there for. ~ 12. In cam e ofthe impeaclhment of the overnor, his rid Va from office, death, inability, resignation, or absence from: theSt, the powers and duties of the office shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability ceases Whe the Gtvernor shall be ohut of the State in titne of *waf; atthehead of a miitary force thereof, he shall continue Comt ande -it' Chief of all the military force of Xthe, a -te. ~ 13. During a vacancy in the offie of Governor, if the Lieutmant':.Governor~die, resign, be impeached, displaced, be incapable of performing tb de bf his oice, or absent from the State, the P,residentpro t"ore of the'Senate shall act as Governor, until the vacancy be fillor, the disability cease. ~ 14. The Lieutenant Governor shall, by viKue' of his office,:bePresident of the ate. Incommitee of the whole he may dewe all questions; and when there is an equal division, he shall give the casting vote. ~ 15. No member of Congress, nor any person holding office under the United States, or this State, shall execute the office of Gov ernor. ~ 16. No person elected Governor or Lieutenant Governor, shall be eligible to any office or appointment from thet Legislature, or'either house thereof during the time for which he was elected. All votes for either of them, for any such office shall be void. ~ 17. The Lieutenant [Governor] and President of the Senate pro 533, JOURNAL OF THE -CONVENTION [Aug. 15, tempore,- -when performing the duties of Governor, shall receive the same compensation as the Governor. ~ 18. All official acts ofthe Governor, his approval of the laws excepted, shall be authenticated by the Great Seal of the State, which shall be kept by the seoreltary of State. ~ 19~, All commissions issued to persons holding office under the provisins- of this constitution, shall be in the name and by the authority of the people of the State of Michigan, sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Secretary of State. ARTICLE VI. JUDICIAL: DEPARM NT.;. ~;. 1 T],:judicial vwer is vested in one supreme curt, in circuit courts, in probate courts, and in justices of the peace. Municipal courts of civil and criminal jurisdiction may be established by the Legislature in cities. ~,For the trm of si yeXar, and: thereaftr, u til e Legislature otherwise provide, the, judges of the several circuit courts shall be judges of the supreme court, four of whom shall constitute a quorum. A concurrence of three shall be necessary to a final decision. After six years the Legislature may provide by law for the organizstion of.a supreme court, with the ju'dtiwn ond powers prescribed in this constitution, to consist of one'- chief justice and three associate justces, to be chosen by the electors of the State. Such supreme court, when so organized shall not be changed or discontinued by the Legislature for eight years thereafter. The judges thereof shall be so classified that but one of them shall go out of office at the same time. Their term of office shall be eight years. - ~ 3. The supreme court shall have a general superintending control over all in-ferior courts, and shall have power to issue writs of error, habeas corpus, mandamus, quo warranto, procedendo, and other original and remedial writs, and to hear and determine the same. In all other cases it shall have appellate jurisdiction only. ~ 4. Four'terms of the supreme court shall be he held annually, at such times and places as may be designated by law. ~ 5. The supreme court shall, by general rules, establish, modify and 1850.]. TO,, REVISE THE CONSTIl!N. amend the pracoe in-sh court and in the circuitourts, and,,plify the same. The Legislature shall, as far as practicable, abolishi distinctions between law and equity proceedings The offie of master in chancery is prohibited..... ~ 6. The State shall be divided into eight judidialcircuits; in'each of which the electors thereof shall elect one circuit judge, who shall hold his office for the term of six years, and until his, successor is elected and qualified.' ~ 7. The Legislature may alter-the limits of circuitsor increse the number of the same. No alteration or increase shall have the effect to remove a judge fom office. In every additiona circuit established the judge shall be elected by the electors of'such circuit, and his term of office shall continue as provided in this constitution for judges of the circuit court. ~ 8. The circuit courts sha have original juisd'itin in: ll matters civil and criminal, not excepted in this constitutioni and notI pro hibited by law; and appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same.) They shall also have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari and other writs necessary to carry int4effet their orders, judgments and decrees, and agive thema general cn-' trol over inferior courts and tribunals within their respective jurisdic tions. ~ 9. Each of the judges of the circuit courts shall receive a salary payable quarterly. They shall be ineligible to any other than a judicial office during the term for which they are elected, and:r one year thereafter. All votes for any person elected such judge for any office other than judicial, given either by the Legislature or the people, shall be void. ~ O10. The supreme court may appoint a reporter of its decisions. The decisions of the supreme court shall be in writing, and signed by the judges concurring therein. Any judge dissenting therefrom, shall give the reasons of such dissent in writing, under his signature. All such opinions shall be filed in the office of the clerkof the supreme court. The judges of the circuit court within their respective jurisdictions, may fill vacancies in the Office of cointy clerk and of prosecuting attorney; but no juidge of the supreme 535 JOURNA OF THE CONVENTION [Aug. 15, coilrt, ~circuit eoi,. shal exercise ay other power of appoint $ent public office.- p14. A circuiteourt shall be held st least twice in each year in every county organized for judicial purposes, aMnd four times in each year in counties containing ten thousand inhabitants. Judges of the circuit ourt may hold courts for each other, and shall do so when requitdby law. ~ 12. The clerk of each county organized for judicial purpoes shall be the cler,df the circuit court of such county, and of the supreme co when held within the same. ~o 1. In each of the counties organized for judicial purposes, there shall be a court of probate. The judge of such court shall be elec, ted* e/ of thee 4 ounCty in whioch he resides, and shall hold his office for four years, and until his successor is elected and qualif4.. The jurisdiction, powers and duties of such court shall be presecribed by law. ~:14. Whenav acuancy occurs in the office of judge of the su preme, circuit or probate court, it shall be filled by appointment of the GQvernor, whch shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term. ~5. The supreme court, the circuit and probate courts of each county, shall be courts of record, and shall each have a common seal. ~ 16. The Legisilature may provide by law for the election of one or more persons each organized county, who may be vested with judicial powers, not exceeding those of a judge of the circuit court at chaxnbers. ~1!:. There shall be not exceeding four justices of the peace in each organized township. They shall be elected by the electors ef the-townships, and shall hold their offices for four years, and until their successors are elected and qualified. At the first election in any township, they shall be classified as shall be prescribed by law. A justice elected to fill a vacancy shall hold his office for the residue of the unexpired term. The Legislature may increase the number of justices in cities. ~ 8. In civil cases justices of the.peace shall have exclusive jurisdiction to the amount of one hundred dollars, and concurrent juris 636 1850.]j TOD R1EVlSE THE CONST!TUtON. diction to the.amoutof three hidred dollars, which may be increased to fie- hundred dollars, with sUch exceptions d restrictions as may be provided by law. They shall also have sueh crim inal jurisdiction and perform such duties as shall be prescribed by the Legislature. ~ 19. Judges of the supreme court, circuit judg es, and justies of the peace, shall be conservators of the peace within their res' tives jurisdiati o-e ~ 20. The first election of judges of the circuit courts, shall be held on the first Monday in April, one thousand eight hundred and fiftyone, andeverysixth year.thereafter. Whenever an additionil crit is created, provision shall be made to hold the subsequent election of such additionaljudges at the regular elections herein provided. ~ 21. The first election of judges of, the probate courts shall be held on the Tuesday succeeding the first Moday of November, one thousand eight hundred and fifty-two, and every fourthiyegar thereafter. ~ 22. Whenever a judge shall remove beyond the limits of the jurisdiction for which he was elected, or a justice of the peace from the township in which he was elected, or by a change in the boutaries of such township shall be placed withou same, they shall be deemed to have vacated their respective offices. ~ 23. The Legislature may establish courts of conciliation with such powers and duties as shall be prescribed by law. ~ 24. Any suitor in any court of this State shall have the right to prosecute or defend his suit, either in his own proper person, or by an attorney or agent of his choice. ~ 25. In all prosecutions for libels, the truth may be given in evi dence to the jury; and if it shall appear to the jury, that the matter charged as libelous, is true, and was published with good motives and for justifiable ends, the party shall be acquitted. The jury shall have the right to determine the law and the fact. ~ 26. The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation. 68 537 JOUIRNALOF THE- CONVENTION. ~ 27. The rightof:, al by jury-shall,remain, but shall be deemed - to be waived inall civil cases unless demanded byone of the parties n such maer a shall be prescribed by law. ~ 28. In every criminal, prosecution, the accused shall have the right to a speedy and public trial by an impartial jury,L which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defence. ~ 29. No person, after acquittal upon the merits, shall be tried for he same offence; all persons liall, before conviction, be bailable by sufficient sureties,- eixcept for murder and treason, when the'proof is evident or the presumption great.;. ~ 30. Treason against the State shall consist only in levying war against, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act, or on confession in open court. ~ 31. Excessive bail shall not be required; excessive fines shall no be imposed; cruel or unusual punishment shall not be inflicted, nor shall witnesses be unreasonably detained. ~ 32.' No person shall be compelled, in anyciminal $case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law. ~ 33. No person shall' be imprisoned for debt arising out of, or founded on a contract, express or implied, except in cases of fraud or breach of trust, or of moneys collected by public officers or in any professional employment. No person shall be imprisoned for a militia fine in time of peace. ~ 34. No person shall be rendered incompetent to be a witness ont account of his opinions on matters of religious belief ~ 35. The style of all process shall be: "In the name of the people of the State of Michigan." ARTICLE VII. ELECTIONS. ~ 1. In all elections every white male citizen every white male in [Aug 15, 1538 C 1550.]: TO REVISE THIE C ONSTITUTTTION. habitant residing in the State on the twenty-fourth day of June, one thousand eight hundred and thirty-fve;,- every white male inhabitant residing in this State onthe first day of January, one thousand eight hundred and fifty, who has declared his intention to become a citizen of the United States, pursuant to,the laws thereof, six months preceding an election, or who has resided in this State two years and six months, and declared his intention as aforesaid, and every ciyilized male inhabitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote; but no citizen or inhabitant shall be an electror or entiled to vote at any election, unless he shall be above the age of tweutyne years, and has resided in this State three months, and in the township or ward in which he offers to vote, ten days next preceding such election. ~ 2. All votes shall be given by ballot, except for such township officers as may be. authorized by law to be otherwi chs en. ~ 3. Every elector, in all cases, except treason, felony, orbreach of the peace, shall be privileged from arrest during his attendance at election, and in going to and returning from the same. ~ 4. No elector shall be obliged to do militia duty on the day of election, excep in time Qf war or public danger, or attend court as a suitor or witness.V ~ 5. No elector shall be deemed to have gained or lost a residence, by reason of his being employed in the service of the United States, or of this State; -nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any ms-house or other asylum at public enpense; nor while confined in any public prison. ~ 6. Laws may be passed to preserve the purity of elections, and guard against abuses of the elective franchise. ~ 7. No soldier, seaman, normarine, in the army or navy of the United States, shall be deemed a resident of this State,in consequence of being stationed in any military or naval place within the same. ~ 8. Any inhabitant who may hereafter be engaged in a duel, either as principal or accessory before the fact, shall be disqualified from holding any office under the constitution and laws of this State and shall not be permitted to vote at any election. 589 JOURNAL OF" X ONVENTON [Aug. 16, ARTICLE VIII. STATE OFFICERS. ~ 1. There shall be elected at each general biennial election a Sec retary of StaWte, a Superintendent of Public Intistruction, a State Treaurer, a Commissoner of the Land Office, an Auditor General, and an Attorney General, for the term of two years. They shall keep their offices at the seat of government, and shall perform such duties as miay be prescribed by law. ~ 2. Their term of office shall commence on thie first day of January, one thousand eight hundred and fifty-three, and of every second year thereafter. ~ 3. Whenever a vacancy'shall ocur in any of the State offices, the Governor shall fill the same by appointment by and w'ih the advice and consent of the Senate, if in session. ~ 4. The Secretary of State, State Treasurer, and Commissioner of the State Land Office shall constitute a Board of State Auditors to examine and adjut all claims tagtitt the Staftinot otherwise provided for by general law. They shall constitute a Board of State Canvassers to determine the result of all elections for Governor, Lieutenant Governor and State Officers, and of such other officers as shall by law be referred to them. ~ 5. In case two or more persons have an equi and the highest number of votes for any office, as caevassed by the Board of State Canvasseis, the Legislature, in joint Convention, shall choose one of of said persons to fill such office. When the determination of the Board of State Canvassers is contested, the Legislature, in Joint Convention, shall decide which person is elected. ARTICLE IX. SALARIES. ~ 1. The Governor shall receive an annual salary of one thousand dollars; the Judges of the Circuit Court shall each receive an anuual salary of one thousand fivehuindred dollars; the State Treasurer shall receive an annual salary of one thousand dollars; the Auditor General shall receive an annual salary of one thousand dollars; the Superintendent of Public Instruction shall receive an annual salary of one thousand dollars; the Secretary of State shall receive an annual salary of eight hundred dollars; the Commissioner of the Land Office shat 340 1850.] TO REVISE THE CONSTITUT!ON. receive an annual salary of eight hundred dQllars;;tle Attorney Gen, eral shall receive an annual salary of eight hundred dollars. They shall receive no fees or perquisits, whatever, for theperformatnce of any duties connected with their ofces. It shall aot be competest for the Legislature to tcrease te salaies herein provided. ARTICLE X. COUNTIES. ~ 1. Each organized county, shall be a body corporate with such powers and immunities as shall be established by law. All suits and proceedings, by or against a couty, shall be in the name thereof. ~ 2. No organized county, shall ever be reduced by we organization of new counties to less than sixteen townships, as surveyed by the United States, unless in pursuance of law, a majority of electors residing in each count to be affected thereby, shall so detide. Th Legislature may organize any city into a separate councy, when it tas attained a population of twenty thousand inhabitants, without reference to geographical extent, when a majority of the electors of a county in which such city may be situated, voting thereon, shall be in favor of a separate organization. ~ 3. In each organized county there shall be a sheriff, a county clerk, a county treasurer, a register of deeds and a prosecuting attorney, chosen by the electors thereof, once in two years, and as often as vacancies shall happen, whose duties and powers shall be prescribed by law. The board of supervisors in any county may unite the offices of county clerk and register of deeds in one office, or disconnect the same. ~ 4. The sheriff, county clerk, county treasurer, judge of probate and register of deeds, shall hold their offices at the county seat. ~ 5. The sheriff shall hold no other office, and shall be incapable of holding the office of sheriff longer than four in any period of six years. He may be required by law to renew his security from time to time, and in default of giving such security, his office shall be deemed vacant. The county shall never be responsible for his acts. ~ 6. A board of supervisors, consisting of one from each organized township, shall be established in each county, with such powers as shall be prescribed by law. ~ 7. Cities shall have such representation in the board ofluper "54Z ,542 JOURNAL OF THE CONVENTION [Aug. 15, visors of the counties in which they are situatel, as the Legislature may direct. ~ 8. No county seat, once established, shall be removed, until the place to which it is proposed to be removed shall be designated by two-thirds of the board of supervisors of the county, andl a majority of the electors voting thereon shall have voted in favor of the proposed location, in such manner as shall be prescribed by law. ~ 9. The board of supervisors of any county may borrow or raise by tax one thousand dollars, for constructing or repairing publie buildings, highways or bridges; but no greater sum shall be borrowed or raised by tax for such purpose in any one year, unless authorized by a majority of the electors of such County voting thereon. " 10. The board of supervisors, or in the county-of'Wayne, the board of county auditors, shall have the exclusive power to prescribe and fix the compensation for all services rendered for, and to adjust all claims against their respective counties, and the sum so fixed or defifaed shall be subject to no appeal. ~ 11. The board of supervisors of each organized county may provide for laying out highways, constructing bridges, and organizing townships, under such restrictions and limitations as shall be prescribed by law. ARTICLE XI. TOWNSHIPS. ~ 1. There shall be elected annually, on the first Monday of April, in each organized township, one supervisor, one township clerk, who shall be ex-officio school inspector, one commissioner of highways, one tow'nship treasurer, one school inspector, not exceeding four constables, and one overseer of highways for each highway district, whose powers and duties shall be prescribed by law. ~ 2. Each organized township shall be a body corporate, with such powers and immunities as shall be prescribed by law. All suits and proceedings by or against a township, shall be in the name thereof ARTICLE XII. IMPEACHMENTS AND REMOVALS FROM OFFICE. ~ 1. The House of Representatives shall have the sole power of imJpeaohiDg civil officers for corrupt conduct in office, or for crimes 1850:.] TO REVISE THE CONSTITUTION. or misdemeanors; but a majority of the members elected shall be necessary to direct an impeachment. ~ 2. Every impeachment shall be tried by the Senate. When the, Governor or Lieutenant Governor.is tried, the Chief Justice of the Supreme Cousrt shall preside. When an impeachiiient is directed the Senate shall take: an oath or affirmation truly and impaitially to try and determine the same according to the:evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. Judgment, in case of impeachment, shal not extend further than removal from office; but the party convited shall be liable to.punishment according to law. ~ 3. When an impeachment is directed the House of Representatives shall elect from their own body three members, whose duty it shall be to prosecute such impeachment.- No impeachment shalllbe tried until the final adjournment of the Legislature, when the Senate shall proceed to try the same. ~ 4. No judicial officer shall exercise his office, after an impeachmeat is directed, until he is acquitted. ~ &5. The,Governor may make a provisional appointment to fill a vacancy occasioned by the suspension of an officer until he shall be acquitted, or until after theeetin and 4ualifieation ofa sue.1 A~~~~~~~~~~~~~~~~~~~~~~~~~~. cesssor. ~ 6. For reasonable cause, which shall not be sufficient ground for the impeachment of a judge, the Governor shall remove him on a concurrent resolution of two-thirds of the members elected to each house of the Legislature; but the cause for whil such removal' is required shall be stated at length in such resolution. ~ 7. The Legislature shall provide by law for the removal of any officer elected by a county, township or school district, in such manh ner and for such cause as to them shall seem just and proper.. — ARTICLE X!I. ED':CA:.IO.. ~1. The Superintendent of Public Instruction shall, have the general supervision of public instruction, and his duties shall be prescribed by law. A- ~'2. The proceeds from the sales of all'lands that have been or hereafter may be granted by the United States to tthe Ste, for JOURNAL OF THE CVENTION [Aug. 15, educationl purposes, and the proceeds of all lands or other property given by individuals or appropriated by the State for like purposes, shall'be and remain a perpetual fund, the interest and'income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation. ~ 3. All lands, the tiAles to which shall failpfrom a defect of heirs, shall escheat to the State; andthe:interest on the clear proceeds from the sales thereof, shall be appropriated exclusively to the support of primary schools. ~ 4. The Legislature shall, withinfive years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition, at least three months in each year, in every school district in the State, and all instruction in said schools shall be conducted in the English language. ~ 5. A school shall be maint inn e each sehol district at least tLree months in each year. Any school district neglecting to manmtain such school, shall be deprived for the ensuing year, of its proportion of the income of the primary school fund, and of all funds arising from taxes for the support of schools. ~ 6. There shall be elected in each judicial circuit, at the time of the election of the judge of such Circuit, a regent of the University, whose term of office shall bethe same as that of such judge. The regents thus elected shall constitute the Board of Regents of the University of Michigan. ~ 7. The regents of thie University and their successors in office, shall continue to constitute the body corporate, known by the name and title of "the regets of the University of Michigan. ~ 8. The regents of the University shall, at their first annual meetin, or as soon thereafter as may be, elect a President of the University, who shall be ex oficio a member of their board, with the privilege of speaking but not ot voting. He shall preside at the meetings of the regents, and be the principal executive officer of the University. The board of regents,shall have the general supervision of the University, and the direction and control of all expenditures *om the University interest fund. 544 1850.] TO R,EV i TH,E COSTITUC.ON. 9. Thee shall be elected at thegeneral eleet:.: ine t:ye one thousand eight hundred and fifty-two, three miembers of a State Board of Education, one for two years, one for four years, and one for six years; and at each succeeding biennial electin,. there shall be elected one member of such board, who shal hold his office for six years. The Superintendent of Public Instruction shall be ex oe a member and secretary of such board. The board shall have the general supervision of the State Normal School, and their duties shall be prescribed by law. ~ 1I)- Institutions for the benefit of *those inhabitants who ate deaf, dumb, blind or insane, shai al ways be fostered ndsupported. ~ 11. The Legislature-shall encourage the promotion of intellectual, scientific and agricultural improvement; andsha:, sso as practicable, provide for the establishment of an agricultural school The Legislature may appropriate the tenty4w sections of salt spring lands now unappropriated, or the money arising from tlsake of the same, where such lands have been already sold, and any land hhich may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same a branch of the University for instruction in agriculture and the natural sciences Konned therewith, and place t hsame ndr t,u. pervision of the Regents of the University. ~ 12. The Legislature shall also provide for the establishment of at least one library in each township; and all fines assessed and collected in the several counties and townships for any breach of the penal laws, shall be exclusively applied to the support of such libraries. ARTICLE XIV. FINANCE AND TAXATION. 1. All specific State taxes, except those received from the mining companies of the Upper Peninsula, shall be applied in paying the interest upon the primary school, university and other educational funds, and the interest and principal of the State debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational fmunds, when such specific taxes shall be added ato,nd constitute a part of the primary school interest fund. The Legislature shall provide for an annual tax, sufficient, fith owr resoures, to pay the estimated expenses of the State (]overn 69 545, JOURNAL OF THE, CONYVENT?ION [As 1.' wet, the interest of the State debt, and such defiency as may occur in the resources. ~ 2. The Legislature shall provide by law, a sinking fund of at least twenty thousand dollars a year, to commence in eighteen hundred and fifty-two, with compound interest at the rate of six per cent per annum, and an annual increase of at least five per cent., to be applied solely tothe payment and extinguishment of the principal of the State debt, other than the amounts due to educational funds, and shall be continued until the extinguishment thereof. The unfunded debt sha}l not be funded or redeemed at a value exceeding that established by law in one thousand eight hundred and forty-eight. ~ 3. The State may contract debts to meet deficits in revenue. Such debts shall not in the aggregate at any one time exceed fifty thousand dollars. The moneys so raised shall be applied to the purposes for which they were obtained, or to the payment of the debts, so contracted. ~ 4. The State may contract debts to repel invasion, suppress insrrection, or defend the State in time of war. The money aising from the contracting of such debts shall be applied to the purposes for which it was raised, or to repay such debts. ~ 5. No money shall be paid out of the treasury except in pursuance of appropriations made by law. ~,. The credit of the State shall not be granted to, or in aid of any person, association or corporation. ~ 7. No scrip, certificate or other evidence of State indebtedness shall be issued, except for the redemption of stock previously issued, or for such debts as are expressly authorized in this constitution. ~ 8. The state shall not subscribe to, or be interested in, the stock of any company, association or corporation. ~ 9. The State shall not be a party to, or interested in, any work of internal improvement, nor engaged in carrying on any such work, except in the expenditure of grants to the State of land or other property. ~ 10. The State may continue to collect all specific taxes accruing to the treasury under existing laws. The Legislature may provide for the collection of specific taxes, from banking, rail road, plank roads and other corporations hereafter created. -5," 165o.] TO VS T VIS THE tONSTITUTION. ~ 11. The Legislature shall provide an uniffo rule of tae't-nu except on property paying specific taxes and taxes shall be levied, such property as shall be prescribed by law. ~ 12. All assessments hereafter authorized shail be on property at its cash value. ~ 13. The Legislature shall provide for an equalization by a State Board, in the year one thousand eight hundred and ffty-one, and every fifth year thereafter, of assessments on all taxable property, ex~ept that paying specific taxes. ~ 14. Every law which imposes, continues oi revives a tax, sha! distinctly state the tax, and the object to which it is to be applied; and it shall not be sufficient to refer to any other law to fix such tad or object. ARTICLE XV. CORPORATIONS. ~ 1. Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes. All laws passed pursuant to this section may be altered, amended o repealed. ~ 2. No banking law or law for banking purposes, or amendments thereof, shall have efiect until the same shall, after itspassage, be submitted to a vote of the electors of the State, at a general election, and be approved by a majority of the votes cast thereon at such election. ~ 3. The officers and stockholders of every corporation or associ, ation for banking purposes, issuing bank notes or paper credits to cir. culate as money, shall be individually liable for all debts contracted during the time of their being officers or stockholders of such corpou ration or association. ~ 4. The Legislature shall provide by law for the i'egistry of all bills or notes issued or put in circulation as money, and shall require security to the full amount of notes and bills so registered in State of United States stocks, bearing interest, wvhich shall be deposited with the State Treasurer, for the redemption of'.such bills or note in specie. ~ 5. In case of the insolvency of any batik or banking association, the bill holders thereof shall be entitled to preference in payment'; over all other creditors of such banke or association. ~ 6. The Legislature shall pass n7 lw authoriz'ing or sanctioing 44i JOURNAL OF THE CONVENTIONr [Aug. 15, the suspension of specie payments by any persons association or corporation., ~ 7. The stockholders of all corprations and joint stock associaticms shall be individually liable for all labor performed for such corporation or association. ~ 8. The Legislature shall pass no law altering or amending any a oft incorporationlheretofore granted, without the assent of twothirds of the members elected to each house; nor shall any such act be renewed or extended. This restriction shall not apply to municipal corporations. ~ 9. The property of no person shall be taken by any corporation for public use without compensation being first made or secured, in such manner as may be prescribed by law. ~ 10. No corporation, except for municipal purposes, or for the construction of rail roads, plank roads and canals, shall be created for a longer time than thirty years. it 11. The:termi'corporationls, as Used in the preceding sections of this article, shall be construed to include all associations and joint stock companies having any of the powers or privileges of corporati,s, not possessed- by individuals or partnerships. All corporations shall have the right to sue, and be subject to be sued, in all courts, in like cases as natural persons. ~ 12. No corporation shakt hold any real estate hereafter acquired, for a longer period -than ten years, except such real estate as shall be actually occupied by such corporation in the exercise of its" franchises., ~ 13. The Legislature shall proQvide for the incorporation and organization of cities and villages, and shall restrict their powers of taxation, borrowing money, contracting debts and loaning their credit. ~14. Judicial officers of cities and villages shall be elected, and all other officers shall be elected or appointed at such time and in such manner as the Legislature may direct. ~ 15. Private property shall not be taken for public improvements in cities and villages without the consent of the owner, unless the compensation therefor shall first be determined by a jury of free holders, and actually paid or secured in the manner provided by law. ~ 16. Previous notice of any application for an alteration of the 548 TOREVISE THE CONSTITUTION. charter of any corporation shall be given in such manner as may be prescribed by law. ARTICLE XVI. EXEMPTIONS. ~ 1. The personal property of every resident of this State, to con sist of such property only as shall be designated by law, shall D"e'Jex empted to the amount of not less than five hundred dollars from sale on execution or other final process of any court issued~or the collection of any debt contracted after the adoption of this constitution. ~ 2. Everyhomested of notexceeding forty acres of land, and: the dwelling-house thereon, and the appurtenances to be selected by the owner thereof, and not included in any town plat, city or village; or instead thereof, at the option of the owner, any lot in any city, vilge, or recorded town plat, or such parts of lots as shall be equal thereto, and the dwelling-house thereon and its appurtenances, owned and occupied by any resident of the State, not exceeding in value fifteen hundred dollars, shall be exempt from forced sale on execuiton or any other final process from a court, for any debt contracted after the adoption of this constitution. Such exempion shl not extend to any mortgage thereon lawfully obtained; but such mortgage or other alienation of such land, by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same. ~ 3. The homested of a family, after the death of the owner thereof, shall be exempt from the payment of his debts, contracted after the adoption of this constitution, in all cases, during the minority of his children. ~ 4. If the owner of a homested die, leaving a widow, but no children, the same shall be exempt, and the rents and profits theret shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homested in her own right. ~ 5. The real and personal estate of every female, acquired before marriage, and all property to which she may afterwards become entitled, by gift, grant, inheritance or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations or engagements of her husband; and may be devised or bequeathed by her as if she were unmarried. , " 9 u 1850.] SQURENAL OF THE CONVENTION [Aug.. 15, ARTICLE XVI!. MILITIA. 1. The militia shall be composed of all able bodied white male tens between the ages of eighteen and forty-five years, except such a are exeempted by the laws of the United States or of this State; but I- such citizens of any religious denomination whatever, who, from scruples of conscience, may be averse to bearing arms, shall be excused therefrom, upon such conditions as shall be prescribed by law. ~ 2. The Legislature shall provide by law for organizing, equipping and disciplining the militia, in such mannei as they shall deem expedient, not incompatible with the laws of the United States. ~ 3.. Officers. of th militia shall be elected or appointed and be commissioned in such manner as may be provided by law.X ARTICLE XVIII. XISO$LLANEOUS PROVISIONS. t. Members of the Legislature, and all officers, executive and iudicial, except such officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscriethe e following oath or affirmation: "I do solemnly swear (or affirm,) that I will support the constitution of the United States and the constitution of this State, and that I will faithfully d'charge the duties of the office of according to the best of n abiliy... And no other oath, declaration or test shall be required as a qualification for any office or public trust. ~ 2. W~hen private property is taken for the use or benefit of the public, the necessity for using such property, and the just compensamon to be made therefor, except when to be made by theState, shall be ascertainedby a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law. ~, 3. No mechanical trade shall hereafter be taught to convicts in the state prison of this State, except the manufacture of those articles, of which the Chief supply for home consumption is imported from othei states or-countries. ~ 4. ]~aavigabte stream in this State, shall be either bridged or dimed without authority from the board of supervisors of the proper county, under the provisions of law. No such law shall prejudice 4510, t850. TO REVISE THE CONSTITUTXN: the right of individuals to the free navigation of such streams, or preclude the State fromin the further improvement of the navigation of such stream. ~ 5. An accurate statement of the receipts and expenditures of te public moneys shall be attached to, and published with the laws, at every regular session of the Legislature. ~ 6 The laws, public records, and the written judicial and Legislative proceedings of the State, shall be conducted, promulgated and preserved in the English language. ~ 7. Every person has a right to bear arms for the defence of himself and the State.. ~ 8. The military shall, in all cases, and at all times, be in strict subordination to the civil power. ~ 9. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law. ~ 10. The people have the right peaceably to assemble together, to consult for the common good, to instruct their Representatives, and to petition the Legislature for redress of grievances. ~ 11. Neither slavery, nor involuntary servitude, unless for He punishment of crime, shall ever be tolerated in this State. ~ 12. No lease or grant hereafter of agricultural land for a longer period than twelve years, reserving any rent or service of any kind, shall be valid. ~ 13. Alient who are, or who may hereafter become honafide res idents of this Slate, shall enjoy the same rights ian rept the pos. session, enjoyment and inheritance of property, as native born citizens. ~ 14. The property of no person shall be taken for public use without just compensation therefor. Private roads may be open.ed in the maner to be prescribed by law; but in every case the neces sity of the road andthe amountof all damages to be sustainedby the opening thereof, shall'be first determined by a jury of freeholder,; and such amount, together with the expenses of proceedings, shall be paid by the persn or persons to be benefitted. ~ 15. No general revision of the laws shall hereafter be ma*. Whela a re-print thereof becomes necessary, the Legislature I joiat 5 JOURNAL OF THE CONVENTION [Aug. 15, conventioii, shall appoint a suitable person to ()llect together such acts as are in force, and without alteration, rnge them under appropriate heads and titles. The laws so arranged shall be submitted to two commissioners appointed by the Governor jr examination, and if certified by' them to be a correct'compilatiom of all general laws in force, shalibe printed insuch manner as Shall; ARTICLE XIX. UPPER PENINSULA. ~1. The counties of Mackinac, Chippewa, Delta, Marquette, Schooleraft, Houghton and Ontonagon, and the islands and territory thereunto attached, the islands of Lake Superior, Huron and Michigan, and in Green Bay, and the straits of Mackinac and the River Ste Marie, shall constitute a separate judicial district, and, be entitled to a district judge and district attorney., ~ 2. The district judge shall be elected by the electors of such district, and shall perform the same duties andpose: the saPe powers as a circuit judge in his circuit, and shall hold his office for the same period. ~ 3. The district attorney shall be elected every two years by the electors of the district, shall perform the duties of prosecuting attorney throughout the entire district, and may issue warants 1fcr the arrest of Offenders incases'of felony, to be' proceeded with as shall be prescribed by law. ~ 4. Such judicial district shall be entitled at all times to at least one Senator, and'unt eniledto more by its population, it shallhave three members of the House of Representatives, to be apportioned among the several counties by the Legislature. ~ Sec. 5. The Legislature may provide for the payment of the district judge a salary not exceeding one thousand dollars a year, and of the district attorney not exceeding seven hundred dollars a year; and may allow extra compensation to the members of the Legislature from such territory, not exceeding two dollars a day during any session. ~ 6. The elections for all district or county officers, $State Senator or Representatives, within the boundaries defined in this article, shall take place on the last Tuesday of September in the respective years 552 1850.] TO REVISE THE CONSTITU,TION. in which they may be required. The county canvass sh:allbe held on the first Tuesday in October thereafter, and the district canvass on the last Tuesday of said October. ~ 7. One-half of the taxes received into the treasury from mining corporations in the Upper Peninsula paying an annual State tax of one per cent., shall be paid to the treasurers of the counties from which it is received, to be applied for township and county purposes, as provided by law. The Legislature shall have power, after the year one thousand eight hundred and fifty-five, to reduce the amount to be refunded. ~ 8. The Legislature may change the location of the State Prison from Jackson to the Upper Peninsula. ~ 9. The charters of the several mining corporations may be modified by the Legislatures in regard to the term limited for subscribing to stock, and in relation to the quantity of land which a corporation shall hold; but the capital shall not be increased, nor the time for the existence of charters extended. No such corporation shall be permitted to purchase or hold any real estate, except such as shall be necessary for the exercise of its corporate franchises. ARTICLE XX. AMENDMENT AND RVISION OF,THS^ CONsTrrUToN. ~ 1 Any amendment or amendments to this constitution may be proposed in the Senate or House of Representatives. If the same shall be agreed to by two-thirds of the members elected to each house, such amendment or amendments shall be entered on their journals respectively, with the yeas and nays taken thereon; ad the same shall be submitted to the electors at the next general election thereafter, and if a majority of the electors qualified to vote for members of the Legislature voting thereon, shall ratify and approve such amendment or amendments, the same shall becomepa,rt of the gn&tiution. ~ 2. At the general election to be held in the year one thousand eight hundred and sixty-six, and in each sixteenth year thereafter, and also at such other times as the Legislature may by law,:provide, the question of a general revision of the constitution shall bo submitted to the electors qualified to vote for members of the Legisature; awd in case a majority of the electors so qualified, votig at such,etion 70 553 JOURNAL OF THE CONVENTION [Aug. 15, shall decide in favor of a convention for such purpose, the Legislature, at tlie next session, shall provide by law for the election of delegates to such convention. All the amendments shall take effect at the eommencement of the political year after their adoption. SCHEDULE. That no inoonvenience may arise from the changes in the constitution of this State, and in order to carry the same into complete operation, it is hereby declared, that ~ 1. The common law and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or are altered or repealed by the Legislature. ~ a. All writs, actions, causes of action, prosecutions and rights of individuas and o-f bodies corporate, and of the State, and all cliarters of incorporation, shall continue; and all indictments which shall have been found, or: which may hereafter be found, for any crime or offence committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts, exceptas herein otherwise provided, shall continue with the like powers and jurisdiction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this constitution. ~ 3. That all fines, penalties, forfeitures -and eseheats accruing to the State of Michigan under the present constitution and laws, shall accrue to the use of the State under this constitution. ~ 4. That all recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the State of Michigan, to any State, county or township, or any public officer or public body, or which may be entered into or executed, under existing laws, "to the people of the State of Michigan," to any such officer or public body, before the Complete organization of the departments of government under this constitution, shall remain binding and valid; and rights and liabilities upon the same shall continue, and may be prosecuted as provide4 554 1850.]: TO REVISE THE.CONSTITUTION. by law. And all crimes and misdemeanors and penal actions, shall ba tried, punished and prosecuted, as though no change had taken place, until otherwise provided by law. ~ 5. A Governor and Lieutenant Governor shall be chosen under the existing constitution and laws, to serve after the expiration of the term of the present incumbent. ~ 6. All offilers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by competent authority, until superseded under the laws now in force, or under this constitution. ~ 7. The members of the Senate and House of Representatives of the Legislature of one thousand eight hundred and fi-ftyone, shall continue in office under the provisions of law, until superseded by their successors elected and qualified under this constitution. ~ 8. All county officers, unless removed by competent authority, shall continue to hold their respective offices until the first day of January, in thie year one thousand eight hundred and fifty-three. The laws now in force as to the election, qualification and duties of township officers, shall continue in force until the Legislature shall, in conformity to the provisions of this constitution, provide for the holding of elections to fill such offices, and prescribe the duties of such officers respectively. ~ 9. On the first day of January, in the year one thousand eight hundred and fifty-two, the terms of office of the judges of the supreme court, under existing laws, and of the judges of the county courts, and of the clerks of the supreme court, shall expire on the said day. ~ 10. On the first day of January, in the year one thousand eight hundred and fifty-twa the jurisdiction of all suits and proceedings then pending in the present supreme courts, shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and proceedings at law and equity, then pending in the circuit courts and county courts for the several counties, shall become vested in the circuit courts of the said counties, and district court for the Upper Peninsula. ~ 11. The probate courts, the courts of justices of the peace and 555 JOURNAL OF THE CONVENTION [Aug. 15, the police court authorized by an act entitled "An act to establish a po' lice court in the city of Detroit," approved April second, one thousand eight hundred and fifty, shall continue to exercise the jurisdiction and powers now conferred upon them respectively, until otherwise provi ded by law. ~ 12. The office of State Printer shall be vested in the present incumbent until the expiration of the term for which he was elected under the law then in force; and alI the provisions of the said law relating to his duties, rights, privileges and compensation, shall re main unimpaired and inviolate until the expiration of his said term of office. ~ 13. It shall be the duty of the Legislature, at their first session, to adapt the present laws tothe provisions of this constitution, as far as may be. ~ 14. The Attorney General of the State is required to prepare and report to the Legislature, at the commencement of the next ses sioli, such changes and modifications in existing laws as may be deemed necessary to adapt the same to this constitution, and as may be best calculated to carry into effect its provisions; and he shall receive no additional compensation therefor. ~ 15. Any territory attached to any county for judicial purposes, if not otherwise represented, shall be considered as forring part of such county, sofar as regards elections for the purpose of representation ~ 16. This constitution shall be submitted to the people for their adoption or rejection, at the general election to be held on the first Tuesday of November, one thousand eight hundred and fifty; and there shall also be submitted for adoption or rejection, at the same time the separate resolution in relation to the elective franchise; and it shall be the duty of the Secretary of State, and all other officers required to give or publish any notice in regard to the said general election, to give notice, as provided by law in case of an election of Governor, that this constitution has been duly submitted to the electors at said election. Every newspaper within this State publishing in the month of September next, this constitution as submitted, shall receive, as compensation therefor, the sum of twentyfive dollars, to be paid as the Legislature shall direct. ~ 17. Any person entitled to vote for members of the Legislature, 556 1850.] TO REVISE THE CONSTITUTION. by the constitution and laws now in force, shall, at the said election, be entitled to vote for the adoption or rejection of this constitution, and for or against the resolution separately submitted, at the places and in the manner provided by law for the election of members of the Legislature. ~ 18. At the said general election, a ballot box shall be kept by the several boards of inspectors thereof, for receiving the votes cast for or against the adoption of this Constitution; and on the ballots shall be written or printed, or partly written and partly printed, the words "Adoption of the constitution-yes.'" or "Adoption of the constitution-no." ~ 19. The canvass of the votes cast for the adoption or rejection of this Constitution and the provision in relation to the elective franchise separately submitted, and the returns thereof shall be made by the proper canvassing officers, in the same mannertas now provided by law for the canvass and return of the votes cast at an election for Governor, as near as may be, and the return thereof shall be direct ed to the Secretary of State. On the sixteenth day of December next, or within five days thereafter, the Auditor Gneril,-State Treasurer and:"Secretary of State shall meet at the capitol and proceed in presence of the Governor, to examine and canvass the returns of the said votes, and proclamation shall forthwith be made by the Governor of the result thereof If it shall appear that a majority of the votes cast upon the question have thereon "Adoption of the Constitution-yes," this constitutioin shall be the supreme law of the State from and after the first day of January, one thousand eight hundred and fifty-one, except as is ]herein otherwise provided; but if a majority of the votes cast upon tlhe question have thereon "Adoption of the Constitution-no," the same shall be null and void. And in case of the adoption of this constitution, said officers shall immediately, or as soon thereafter as practicable, proceed-to open the statements of votes returned from the several counties for judges of the supreme court and State officers under the act entitled "An act to amend the revised statutes and to provide for the election of certain officers by the people in pursuance to aln amendment of the Constitution, approved February sixteenth, one thousand eight hundred and fifty," and shall ascertain, determine and certify the results 557 JOURNAL OF'TWE CONVE'NTION [Aug. 15, of the election for said officers under said acts, in the same manner as near as may be, as is now provided by law in regard to the election of Representatives in Congress. And the several judges and officers so ascertained to have been elected may be qualified and enter upon the duties of their respective offices, on the first Monday of January next, or as soon thereafter as practicable. ~ 20. The salaries or compensation of all persons holding office under the present constitution shall continue to be the same as now provided by law, until superseded by their successors elected or appointed under this constitution; and it shall not be lawful hereafter for tile Legislature to increase or diminish the compensation of any officer during the term for which he is elected or appointed. ~ 21. The Legislature, at their first session, shall provide for the payment of all expenditures of the convention to revise the constitution and of the publication of the same as is provided in this article. ~ 22. Every county except Mackinaw and Chippewa, entitled to a representative in the Legilature, at the time of the adoption of this constitution, shall continue to be so entitled under this constitution; and the county of Saginaw, with the territory that may be attached, shall be entitled to one representative; the county of Tuscola, and the territory that may be attached, one representative; the county of Sanilac, and the territory that may be attached, one representative; the counties of Midland and Aronac, with the territory that may be attached, one representative, the county of Montcalm, with the territory that may be attached thereto, one representative; and the counties of Newaygo and Oceana, with the territory that may be attached thereto, one representative. Each county having a ratio of representation and a fraction over, equal to a moiety of said ratio, shall be entitled to two representatives, and so oi above that number, giving one additional member for each additional ratio. ~ 23. The cases pending and undisposed of in the late court of chancery at the time of the adoption of this constitution, shall continue to be heard and determined by the judges of the supreme court. But the Legislature shall, at its session in one thousand eight hundred and fifty-one, provide by law, for the transfer of said causes that may remain undisposed of on the first day of January, one thousand eight hundred and fifty-two, to the supreme or circuit court es .548 1850.] TO REVISE THE CONSTITUTION. tablished by this constitution, or require that the same may be heard and determined by the circuit judges. ~ 24. The term of office of the Governor and Lieutenant Governor shall commence on the first day of January next after their election. - ~ 25. The territory described in the article entitled "Upper Peninsula." shall be attached to and constitute a part of the third circuit for the election of a Regent of the University. ~ 26. The Legislature shall have authority after the expiration of the term of office of the district judge first elected for the "Upper Peninsula," to abolish said office of district judge and district attorney, or either of them. ~ 27. The Legislature shall, at its session of one thousand eight hundred and fifty-one, apportion the Representatives among the several counties and districts, and divide the State into Senate districts, pursuant to the provisions of this constitution. - 28. The terms of office of all State and county officers, of the circuit judges, members of the board of education, and members of the Legislature, shall begin on the first day of January next succeeding their election. ~ 29. The State, exclusive of the Upper Peninsula, shall be divided into eight judicial circuits, and the counties of Monroe, Lenawee and Hillsdale shall constitute the first circuit; the counties of Branch, St. Joseph, Cass and Berrien shall constitute the second circuit; the county of Wayne shall constitute the third circuit; the counties of Washtenaw, Jackson and Ingham shall constitute the fourth circuit; the counties of Calhoun, Kalamazoo, Allegan, Eaton and Van Buren shall constitute the fifth circuit; [the] counties of St. Clair, Macomb, Oakland and Sanilac shall constitute the:sixth circuit; the counties of Lapeer, Genesee, Saginaw, Shiawassee, Livingston, Tusoola aBd Midland shall constitute the seventh cireuit; and the counties of Barry, Kent, Ottawa, Ionia, Clinton and Montcalm shall constitute the eighth circuit. RESOLUTION. ~ 30. At the next general election, and at the same time when the votes of the electors shall be taken for the adoption or rejection of this constitution, an additional amendment to seqtion one of Arti'le seven, in the words following: &5.9 $ UTRNAL OF THE CONVENTION [Aug. i,5 " Every colored male inhabitant possessing the qualifations required by the first sectionSof the second article of the Constitution, shall have the rights and privileges of an elector," Shall be separately submitted to the electors of this State for their adoption or rejection, in form following, to wit: A separate ballot may be given by every-person having the right' to vote for the revised Constitution, to be deposited in a separate box Upon the ballots given for the adoption of the said separate amendment shall be written or printed, or partly written and partly printed, the words "Equal suffrage to colored persons? Yes;" and upon all ballots given against the adoption of the said separate amendment, in like manner, the words "Equal suffrage to colored persons? No." And on such ballots shall be written or printed, or partly written and partly printed, the worid's"Constitution: Suffrage," in such manner that such words shall- appear on the outer side of such ballot when folded. If, at said election, a majority of all the votes given for and against the said separate amendment shall contain the words, Equal suffrage to eolredrpersons? Yes," then there shall be inserted Af the first section of the article, between the words "tribe and shall," these words, " and every colored male inhabitant," anything in the Constitution to the contrary notwithstanding. Done in Convention, at the Capitol of the State, this,ifteenth day of August, in the vear of our Lord4 one thousand eight hundred and fifty, al4 of the Independence of the United States the seventyfifth. On motion of Mr. Woodman, A call of the Convention was had, and MenS. J. Bartow, Butterfield, Bush, Carr, Kingsley, Lovell, Newberry, Orr, N. Pierce and Rix Robinson were.foiund absent without leave. On motion of Mr. Whittemore, The Sergeant. a~Arms was despatched for the absentees, who oon thereafter appearing, On motion of Mr. Leach, All further proceedings under the call were dispensed with., Mr., McCleIland then moved the adoption of the Congtiution, And the yeas anid nays being had thereon,:the motion prevailed as follows: 5olo 1850.] TO REVISE THE CONSTITUTION. YEAS: Mr. W. Adams, Mr. Crary, Mr. Mosher, Alvord, Crouse, Mowry, Anderson, Danforth, O'Brien, Arzeno, Daniels, Orr, Axford, Desnoyers, -J. D. Pierce, Bagg, Eaton, N. Pierce, Barnard, Edmunds, Prevost, H. Bartow, Fralick, Redfield, J. Bartow, Gale, Robertson, Beardsley, Gardiner, E. S. Robinson, Beeson, Gibson, Rix Robinson, Britain, Green, Skinner, Ammon Brown, Harvey, Soule, Asahel Brown, Hiascall, Sturgis, Burns, Kingsley, Town, Butterfield, Kinne, Van Valkenburg, Chandler, Leach, Wait, Chapel, Lee, Walker, Choate, Lovell, Warden, Church, Marvin, Webster, Comstock, McClelland, Whipple, Conner, Moore, Williams, Cornell, Morrison, Woodman, 69 NAYS: Mr. Bush, Mr. McLeod, Mr. White, Carr, Newberry, Whittemore, Hanscom, Roberts, President, Hart, Storey, 11 Mr. Bush presented the following: The undersigned, members of this Convention, solemnly protest against the adoption of the proposed Constitution, for that 1st. Having full confidence in the integrity of the people, and in their ability to successfully maintain a representative government, they believe that all abuses can and will be corrected by an enlightened public opinion through the ballot box. 2d. That our State being new, and consequently but partially developed, they believe that the detail of the Constitution which has been carried out in its every article, even to the one on township government, is not adapted to its changing condition and rapid growth and improvement. 3d. That distrust in the intelligence of the people, starmped upon 561 71 JOURNAL OF THE CONVENTION [Aug. 15, every article of the Constitution, is, in their opinion, a stigma upon their character, not justified by the history of the State. C. P. BUSH, WM. NORMAN McLEOD, E. J. ROBERTS. In accordance with the resolution adopted this morning, The constitution was signed in the following order, to wit: By the President-D. Goodwin. From the County of Allegan-Oka Town. Barry-Joseph W. T. Orr. Berrien-Jacob Beeson, Calvin Britain and Charles W. Whipple. Branch-Wales Adams and Asahel Brown. Calhoun-Isaac E. Crary, W. V. Morrison, John D. Pierce, Na than Pierce and Milo Soule. Cass-George Redfield. Clinton-David Sturgis. Eaton-Charles E. Beardsley and J. D. Burns. Genesee-John Bartow, Elbridge G. Gale and DeWitt C. Leach. Hillsdale-D. Kinne and John Mosher. Ingham-Charles P. Bush and Ephraim B. Danforth. Ionia-Henry Bartow and Cyrus Lovell. Jackson-Robert H. Anderson, John L. Butterfield, Jerry G. Cornell, Elisha S. Robinson and Wilbur F. Storey. Kalamazoo-Volney Hascall. Kent 4 Ottawa-Thomas B. Church and Rix Robinson. Lapeer-N. H. Hart and Joseph R. White. Lenawee-Charles Chandler, Addison J. Comstock, Ebenezer Daniels, Nelson Green and George C. Harvey. Livingston-Eli Barnard, Robert Crouse, D. S. Lee and Robert Warden, Jun. Mackinac-Wm. Norman McLeod. Macomb —C. W. Chapel, A. S. Robertson and D. C. Walker. Monroe-Robert McClelland, H. B. Marvin, Emerson Choate and A. M. Arzeno. Oakland-Wm. Axford, A. H. Hanscom, Z. M. Mowry, Seneca Newberry, James Webster, Gideon O. Whittemore, Elias S. Woodman and Jacob Van Valkenburgh. 569) 1550.] TO REVISE. THE CONSTITUTION. Shiawasee-Francis J. Prevost. St. Josepk-E. S. Moore, William Conner and J. R. Williams. TVashtenaw-W. S. Carr, J. M. Edmunds, E. P. Gardiner, James Kingsley, Morgan O'Brien, E. M. Skinner and B. W. Wait. Wayne-Henry J. Alvord, Joseph H. Bagg, Ammon Brown, Peter Desnoyer, Ebenezer E. Eaton, Henry Fralick and John Gibson. John Swegles, Jr., Horace S. Roberts, Charles Hascall, Secreta ries. The Constitution, as enrolled and signed, was then transmitted to: the Secretary of State. The delegate from Chippewa, Elijah J. Roberts, declined signing. There were absent at the time of the adoption of the Constitution, MAessrs. P. R. Adams, Backus, Alvarado Brown, J. Clark, S. Clark, Cook, Dimonid, Eastman, Graham, Hathaway, -Hixon, Mason, Raynale, Mf. Robinson, Sullivan, Sutherland, Tiffany, Welles, Willard, and Witherell. There being no further business before the Convention, At the suggestion of MIr. J. D. Pierce, The Rev. Mr. Tooker closed the deliberations of the body wit. prayer. Mr. Desnoyers moved that the Convention adjourn sine die. The motion prevailed. Whereupon, the President addressed the Convention as follows Gentlemen of the Convention: The expression of your approbation of the manner in which [ have discharged my duties as your presiding officer, contained in the resolution adopted this morning, has awakened in my bosom emotions of high gratification. I thank you for it, and shall ever recur to it with pleasure. The task of framing the institutions by which the rights, interests and liberties of a people are to be guarded and secured, is at any time important; especially is it so at a period like the present, when the spirit of free inquiry is bringing to the test of observation, of experience and of close scrutiny, the principles which lie at the foundation of civil government, and State after State is revising and reconstructing its fundamental law. At such a period it was to be expected that diversities of opinion would exist, ,5,6-; 56t JOURNAL OF THE CONVENTION. [Aug. 15. and that the variety and moment of topics arising for consideration, would lead to extended discussion and earnest debate It cannot be otherwise than a source of gratification, that in the midst of these, and the labors to which you have devoted yourselves with so much zeal and fidelity, there have so uniformly prevailed that dignity and urbanity which would ever be expected from a body of intelligent citizens convened for such high purposes. I feel under greatobligations to you, gentlemen, for the kindness and courtesy so generally extended to me throughout your arduous session. For them I tender to you my sincere thanks; and as we are about to part, allow me in conclusion, to express to you each and all, my earnest wishes for your welfare and prosperity. I now pronounce this Convention adjourned without day. INDEX. A. Absence, leave granted to, Adams, P. R., 74, 112, 147. Alvord, H. J., 147. Anderson, R. H., 295. Backus, H. T., 74, 339. Bagg, J. H., 252, 274, 418. Barnard, E., 147, 287, 341. Bartow, H., 125. Bartow, J., 344. Beadsley, J. E., 281, 287. Beeson, J., 74, 147, 292, 308. Brown, Alvarado, 147, 295. Brown, Asahel, 308. Burns, J. D., 79, 341. Butterfield, J. L., 111, 295. Chandler, C., 112, 147. Chapel, C. W., 2S7. Clark, J., 281, 418. Clark, S., 225, 344. Cook, J. P., 101, 140, 344. Crary, I.E., 324, 339. Crouse, C., 11 1. Danforth, E. B., 324. Daniels, E., 166, 287. Desnoyers, P., 341. Dimond R. B., 147, 344. Eastman, T., 372. Eaton, E. C., 112, 274. Edmunds, J. M., 113, 299. Gale, E. G., 97. INDEXN Absence, leave granted to, Graham, J. B., 339. Green, N., 140. Hanscom. A. H., 30. Hart, N. H., 140. Harvey, G. C., 147. Hascall, V., 79, 153. Hathaway, H. 172, 320. IHIixon, D., 147, 308, 339. Kinne, D., 287. Leach, D. W. C., 154. Lee, D. S., 79, 274, 320. Marvin. H. B., 79. Mason, L. 14., 90, 339. McClelland, R., 60, 140, 202, 432. McLeod, W. N., 79, 140, 292, 295, 299, 3,08, 422, Moore, E. S., 344. Morrison, W. V., 287. Mowry, Z. M., 145. O'Brien, M., 172, 320. Orr, J. W. T., 71, 287, 389. Pierce, J. D., 147. Pierce, N., 292. Prevost, F. J., 90, 201. Raynale E., 172, 287. Redfield' G., 323, 339. Roberts, E. J., 79, 295, 299, 308. Robinson, E. S., 372. Robinson, M., 74, 287. Skinner, E. M., 299, 422. Soule, M., 292. Storey, W. F., 432. Sullivan, J., 147, 34:4. Sutherland, J. G., 341. Tiffany, A. R., 74, 339. Van Valkenburgh, J., 320, 359. Waite, B. W., 147, 320. Walker, D. C., 287. Warden, R. Jr., 121, 274. Webster, J., 147. Wells, H. G., 287. White, J. R., 140, 359. Whipple, C. W., 60, 295, 443. Whittemore, G. 0., 147, 323. Willard, J. W., 113, 295, 308. Witherell, B. F. H., 74, 172, 295. Woodman, E. S., 113,372. 566 INDBX. Appeals from decisions, by Bartow, J., 242. Hanscom, A. H., 816. Mason, L. M., 156. Address of the Pressident (D. Goodwin,) on taking the chair, 3. adjournment sine die, 563. Articles, action on, 1. Boundaries, 459, 524. 2. Seat of Government, 64, 71, 142,144, 460, 525. 3. Division of the Powers of Government, 50, 81, 82, 109, 460, 525. 4. Legislative Department, 59, 83, 86, 88, 91, 94, 100,106, 108, 170, 175, 183, 192, 203, 213, 308, 463, 525. 5. Executive Department, 79, 125, 128, 141, 154, 347, 348,471, 532. 6. Judicial Department. 98, 2S9, 296, 297, 321, 322, 323, 347, 354, 379, 390, 404, 410, 474, 534. 7. Elections, 112, 142, 145, 22S, 241, 252, 255, 264, 328, 844, 349, 480, 538. 8. State Officers, 64. 120, 149, 151, 256, 270, 274, 351, 483, 540. 9. Salaries, 418, 427, 436, 483, 540. 10. Counties, 148, 157, 159, 162, 164, 168, 256, 265, 311, 847, 484, 541. 11. Townslhips, 181, 301, 302, 363, 377, 486, 542. 12. Impeachments and Removals from Office, 60, 81, 82, 109, 487, 542. 13. Education, 90, 131, 136, 138, 273, 275, 277, 355, 360, 366, 373, 378, 488, 543. 14. Finance and Taxation, 274, 290, 293, 296, 309, 340, 850, 490, 545. 15. Corporations, 97, 116, 280. 282, 284, 312, 328, 492, 547. 16. Exemptions, 121,202, 287, 300, 304, 312, 335, 495, 549. 17. Militia, 75, 123, 140, 501, 550. 18. Miscellaneous Provisions, 371, 398, 411, 418, 501, 550. 19. Upper Peninsula, 390, 4 24, 439, 503, 552. 20. Amendment and Revision of the Constitution, 36, 81, 82, 227, 255, 505, 553. Schedule, 432, 447, 506. 554. Bill of Rights, 36, 58, 63, 65, 69, 72, 76, 82, 109, 112, 116. Cities and Villages, 162, 287, 312. Capital Punishment, 162, 301, 312, 339. B. Bushnell, D. P., appointed Secretary pro tem., 2. resolution of thanks to, 9. Bloss, Daniel, appointed messenger, 14. C. Convention called to order by Secretary of State, 1. adjourned sine die, 563. 56? INDEX. Constitution, adopted, 524. signed, 562. transmitted to Secretary of State, 563. Crary, I. E., appointed Presidentpro tern., 2. Communication from the Secretary of State, 10. from the common council of Detroit, 49. from 0. B. Dibble, 49. from Auditor General, 113. from Commissioner of the Land Office, 138. from J. Coates, 340, 366. from Postmaster at Lansing, 359. Coates, J. and W., appointed reporters, 16. Committee to wait on President elect to ihe chair, 3. on rules, 5,17. on newspapers and postage, 6, 18. on reporters, 7, i6, 19. on mode of proceeding, 8, 15, 18. on clergymen, 8. on national flag, 9. on supplies and expenditures, 19. on printing, 21. standing, appointed, 30, 57, 58. select., on licenses, 78, 369. on public lands, 132. on eulogy on President Taylor, 192. on enrollment, 454. on judicial circuits, 480. of the whole, chairman of, Mr. J. Bartow, 142, 145. Britain, 58, 63, 65, 68, 72, 76. Bush, 290. Church, 280, 282, 284. J. Clark, 123. S. Clark, 132, 137, 138. Cook, 297, 299, 321, 322, 323, 325. Danforth, 398, 399. Eaton, 157, 159, 162, 164,168. Hianscom, 17, 300, 302, 354. McClelland, 80, 368. McLeod, 273, 275, 277. M.ason, 293, 296, 309. Morrison, 151. J. D. Pierce, 120. Roberts, 287. Walker, 125, 424, 426. Wells, 83, 86, 89, 91, 95, 100, 101,106, 108. Whipple, 352. Williams, 149. fi68 INDEX. Call of the Convention, moved by Mr. Alvord, 395. Bagg, 250, 353, 369, 410. Bush, 280. Cornell, 203. Chapel, 417. Gale, 353. McLeod, 153. Moore, 266(, 429. McClelland, 324, 380, 422. Mason, 331. Roberts, 133, 341, 443. Raynale, 244. Robertson, 248. Storey, 154. Van Valkenburgh, 314. Willard, 210, 230. White, 224. Woodman, 560. D. Doorkeeper, appointed, 5. Daniels, Ebenezer, appeared and took his seat, 15. Death of the President, announced, 172. E. Edmunds, James M., appeared and took his seat, 19. F. Fox, C. J., appointed Reporter, 16. G. Goodwin, Daniel, elected President, 3. Graham, Jonatban B., appeared and took his seat, 36. Goodridge, Moses IHI., appointed Messenger, 14. H. Hubbard, Diodate, appointed Sergeant. at-Arms pro tern, 2. Hascall, Charles, appointed Assistant Secretary, 4. Hubbard, David, Jr., appointed Sergeant-at-Arms, 4. Hathaway, IHiram, appeared and took his seat, 36. J. Journals, 1000 copies ordered, 5. corrected, 181, 200, 201. M. Members, names of, 1, 2. Merrifield, E. R., appointed Doorkeeper, 14. Messengers appointed, 14. Mahon, Martin, appointed Reporter, 377, P. President pro tern, Isaac E. Crary, 2. Daniel Goodwin elected, 3. 72 '560 INDEX. Prevost, F. J., appeared and took his seat, 3. Protest, of Jacob Van Valkenburgh, 202. Messrs. Bush, McLeod and roberts, 561. Petitions presented by Mr. P. R. Adams, of John Crawford and others relative to the State Prison, 68. Alvord, of George Duffield and others relative to the elco tive franchise, 74. David Thomas and 185 others of Genesee County relative to the elective franchise, 103. J. H. Sanford and 200 others of Lapeer coun ty relative to the elective franchise, 103. Also, of W. Bancroft and 74 others of Ma comb county on the same subject, 103. Arzeno, of H. V. Mann and 40 others of Monroe coun ty on the same subject, 133. Backus, of H. Eisnack and 20 others of Wayne county relative to foreigners voting. 181. Barnard, of B. C. Curtis and 39 others relative to the State Prison, 256. H. Bartow, of citizens of Ionia county relative to the sale of ardent spirits, 161. Beeson, of C. Jewitt and 106 others Qf Berrien county against the emigration of slaves, 121. Also, of G. Woodman and W. H. McComber and 147 others relative to the collection of debts, 372. Britain, of D. Baker and 57 others relative to the sale of ardent spirits, 256, Alvarado Brown, of A. A. Amidon and 105 others of Branch county relative to State Prison, 231. Bush, of citizens of Lansing relative to the elective fran chise, 90. Church, of A. D. Rathbone against ministers holding of ficlee, 75. of citizens of Kent county relative to State Prison, 293. and of Geo. Coggeshall and 37 others of Kent county relative to the purchase of Public lands, 3.0. of E. C. Sargeant relative to Supreme Courts, 390. Comnistock, of Israel Pennington and others relative to the elective franchise, 85. Cook, of H. Waldron, E. H. C. Wilson and others of Hillsdale county relative to the elective fran chise, 36. 5,i,O INDEX. Petitions presented by Mr. Cook, of John W. May and 81 others of Hillsdale coun ty relative to the sale of ardent spirits, 175. Crary, of L. Wilmonth and others relative to the Grand Jury, 36. Cornell, of J. E. McAllister and 22 others relative to the sale of ardent spirits, 161. Eaton, of David Carr and 33 others relative to Grand Juries, 161. Fralick, of E. J. Penniman and others in favor of Bien. nial Sessions and single districts, 49. of H. Warner and 74 others of Wayne coun ty in favor of single districts, 167. of Mary A. Bentley, Hannah Buerly and 160 others of Plymouth, Wayne county, relative to the sale of ardent spirits, 264. and of S. Hughs and 55 others of Wayne county on the same subject, 281. also, of Riley Stilwell and 35 othors of Wayne county relative to the State Prison, 359. Gardiner, of citizens of Pittsfield, Washtenaw county, re lative to the sale of ardent spirits, 74. of citizens of Washtenaw county on the same subject, 175. Goodwin, of Wm. P. Patrick and others relative to Ad. jutant and Quarter Master General and State Armory, 85. of Geo. E. Hand and 25 others of Wayne county relative to the Supreme Court, 161. of L. J. Caldwell and 135 others, Daughters of Temperance, of Almont and vicinity relative to the sale of ardent spirits, 202. of common council of Detroit, in relation to taxes on banks and other incorporations, 202. of J. M. Cooper and 156 others of Detroit, in relation to sale of ardent spirits, 240., of Eliza N. Whipple and 79 othe'i:l'aidies; of Mrs. H. T. Backus and 203 other ladies; ot Mrs. W. Cole and 333 other ladies, an/d of Mrs. D. Knight and 80 other ladies O' De. troit, relative to sale of ardent gpir', 240. of ladies of Detroit, relative to same subs ject, 28l. - of officers and members of City Guards", in're lation to exemption from military duty:'296'. of J. Fol1ensbee and 15 others, relative to pur chase of public lands, 368. t 1" .5111 i INDEX. Petitions presented by Mr. Goodwin, of mayor, recorder and aldermen of Detroit, remonstrating against prohibiting the grant ing of licenses, 503. of Ross Wilkins, D. V. Bell, A. H. Redfield, and 50 others, relative to purchase of public lands, 446. Hanscom, of R. Manning and others, relative to the judi ciary, 85. of Moses S. Collins, relative to elective fran chise, 90. Hascall, of C. E. Johnson and 51 others of Kalamazoo county, relative to sale of ardent spirits, 166. the argument of Joseph Miller, Jr., and others of Kalamazoo county, relative to supreme court, 192. of N. A. Balch, Gov. Ransom and 120 others of Kalamazoo county, relative to same, 226. of M. Wilson and 32 others of Kalamazoo county, relative to the sale of ardent spir its, 287. Kingsley, of citizens of Washtenaw county, relative to elective franchise, 79, 85. Leach, of Norman Little and 71 others of Saginaw coun ty, relative to the purchase of the public ]ands, 432. Lovell, of D. C. Case and 13 others, relative to sale of ar dent spirits, 121. McLeod, of Robert Banks and 134 other citizens of De. troit, on various subjects, 74. of Wmn. M. Johnson, in behalf of various civil ized Indians, in regard to citizenship, 74. Morrison, of James Russell and 71 others of Calhoun county, relative to the sale of ardent spir its, 97. McClelland, of C. Vellett and others of Monroe county, in relation to township matters, 161. Moore, of citizens of St. Joseph county, in relation to sale of ardent spirits, 202. of J. French and 45 others of St. Joseph coun ty, in relation to same, 320. of John Hotchin and 46 others, relative to the State prison, 320. Mowry, of S. F. Hubbell and 74 others of Oakland coun ty, in relation to sale of ardent spirits, 263. of Mrs. E. Hastings and 198 other ladies of Oakland county, on the same subject, 264. Robertson, of J. B. Dickinson and 63 others, relative to sale of ardent spirits, 162. 272 INDEX. Petitions presented by Mr. Robertson, of Mrs. E. A. Bentley and 51 other ladies, rel. ative to the sale of ardent spirits, 226. Redfield, of sundry inhabitants of Cass County, relative, to constitutional bar to all the the negro race, 446. Storey, of G. F. Gardiner and 150 others of Jackson county, in relation tn the elective fran chise, 115. of S. Higbee, L. Chapman and 38 others, of Jackson county, relative to the Supreme Court, 133. of J. Cole, H. Foster and 292 others of Jack son county, realtive to the State prison, 240. of Mrs. Electa M. Sheldon and 157 other la dies of Jackson, relative to sale of ardent spirits, 287. of 19 citizens of Jackson, on the same sub ject, 308. of 33 citizens of Leoini, relative to the State prison, 308. Sullivan, of citizens of Cass county, relative to the sale of ardent spirits, 281. -.-Town, of John Mabbs and others, relative to the elective franchise, 68. Tiffany, of members of the bar of Lenawee county, rela tive to the Supreme Court, 166. Van Valkenburgh, of H. Barrett and others, on various subjects, 49. Walker, proceedings of a public meeting at Romeo, 74. White, of H. Wheelock and 69 others of Lapeer county, relative to collection and sale for taxes, 166. of C. A. Shaw and 103 others, on same sub ject, 181. Williams, of C. E. White and 43 others of St. Joseph county, relative to elective franchise, 175. Wells, of A. N. Mack and 73 others, and A. B. Brown and 13 others, of Kalamazoo county, rela to the sale of ardent spirits, 202. Whittemore, of Ladies of Pontiac, relative to sale of ar dent spirits, 293. Warden, of Sarah McCamly and 43 other ladies of Liv ingston county, relative to the same, 275a Previous question, moved by Mr. Alvord, 133, 306, 411, 412, 429. Arzeno, 266, 416. Axford, 105, 339. Ammon Brown, 420. Clark, S., 184. 573 INDEX. Previous question, moved by Mr. Church, 215. Cook, 239, 318, 334. Crary, 308, 314. Chandler, 406. Danforth, 270. Danieis, 401. Eaton, 367, 519. Hanscom, 122, 134, 236. Hassall, 229. Leach, 415, 449. MAcClelland, 135, 167, 314, 315, 395, 456, 457. Morrison, 413. Robertson, 203, 412, 519. Rix Robinson, 311, 450. Story, 133,376. Soule, 223. Woodman, 182. Williams, 431, 152. Questions of order, raised by Mr. J. Bartow, 242. Cook, 206, 222. -Hanscom, 245. McClelland, 371. J. D. Pierce, 118. Roberts, 196. R. Rules of Convention, 4, 11, 17, 26, 49, 102, 212, 253, 254, 423. Report from committee on mode of procedure, 15,-18. Reporters, 16. Newspapers and postage, 18. Supplies and Expenditures, 20, 21, 372, 43'. Clergymen, 20, 68. M[ode of amending and revising Constitution,36. Bill of Rights, 36. Printing, 36, 50, 520. Rules, 10, 17, 49. Division of the powers of Government, 50. Impeachments and removals from office, 59. Legislative Department, 59, 418. State officers, 64. Seat of government, 64. Militia, 75. Executive Department, 79, 347. Judicial Department, 408, 79, 354, 98. Education, 90, p66, 273. Banks and incorporations, 97, 333, 1 16 Elections, 112, 252. Exemptions, 121, 202, 338. 574 Ql INDEX. Report from committee on Counties, 148. Cities and villages. 162. Capital punishment, 162. Townships, 181. Eulogy, 253. Finance and taxation, 274. Traffiic in ardent spirits, 320, Miscellaneous provisions, 371. Upper Peninsula, 390. Salaries, 418. Schedule, 432. Arrangement and phraseology, 446, 459, 460, 463, 471, 474, 480, 483, 484, 486, 487, 48S, 490, 492, 495, 501, 503, 505, 506. Judicial districts, 496. Secretary of Convention, 522. Committee on enrollment, 524. Roberts, Horace S., appointed Assistant Secretary, 4. Roberts, E. J., declined signing constitution, 563. Resolutions, presented by Mr. Alvord, of instructions to corn. on legislative dep't, 44. do do judiciary, 54. do do exemptions, 203. do do education, 38. do do arangement and phrase. ology, 370. relative to adjournment, 133. cleaning the Hall, 282. mileage of officers, 514, 447. Arzeno, do stationery, 21. Axford, do per diem of members, 109, 112. Backus, of instruction to corn. on legislative department, 35, 5)3. 54. of instruction. to coin. on miscellaneous provi sions. 54. of instructions to corn. on counties, 61, 62. do do finance and taxation, 123. of instructions to corn. on public lands, 128. Bagg, do do legislative dep'nt, 41. do do judicial do 52. do do seat of gov'nt, 62. relative to adjournment, 148. of instructions to corn, on banks and incorpo rations, 38. Britain, relative to furnishing newspapers with jour nals, 6. relative to postage, 23. printing, 50. '51 i 0 INDEX. Resolutions, presented by MIr. Britain, relative to rules, S0. adjournment, 149. of instructions to com. on State officers, 42. do do printing, 46. do do State printer,523,55. do do executive dep't, 154. do do rules, 212. do to Secretary, 521. Butterfield, relative to newspapers for delegates, 6. stationery 22. debates, 99. afternoon sessions, 96, 264. of instructions to corn. on judicial dep'nt, 37. do do finance & taxa'n,44. Beardsley, do do elections, 43. do do exemptions, 53. 47. do do judiciary, 64, 53, 47. Bush, do do legislative dep'nt, 43. relative to State printer and debates, 339. H. Bartow, of instructions to corn. on education, 43. J. Bartow, do to Sec'y of Convention, 322. Beeson, do to (orrs. on exemptions, 44. relative to corn. on enrollment, 447. do pay for clerks for enrolling constitu tion, 506. relative to postage, 521. Ammon Brown, of instructions to corn. on legislative de department, 51. Burns, of instructions to corn. on counties, 62. Cook, relative to Secretaries, 4. do daily journals, 5. do daily sessi(:)n-s, 75, 5. do pay of officers, 86. of instructions to corn. on schedule, 168. Crary, relative to door-keeper and messengers, 5. from corn. on judicial department, 79 of instructions to above committee,'289, 98. Crouse, do to corn. on rules, 7. do do printing, 41. S. Clark, do do education, 54. J. Clark, do do arrange't and phrase ology, 371. Chapel, relative to per diem of members, 56. adjournment, 59, 156. of instructions to com. on legislative dep't, 57. Comstock, do do militia, 60. Church, do do bill of rights, 119. do do Upper Peninsula, 371. 57 6 INDEX. Resolutions, presented by Mr. Church, relative to daily sessions, 62. do debates, 253, 99. do commissioner of land office, 122. do postage of members, 447. do extra pay to door-keeper, 514. do absentees signingthe constitution,521 Cornell, of instructions to committee on townships, 65,57. relative to daily sessions, 212. requiring sergeant-at-arms to scatter lime, 370. Daniels, of instructions to committee on crimes, 55. limiting time of speaking, 346. Eaton, of instructions to corn. on elections, 39. do do education, 39. do do finance & taxat'n, 60. relative to adjournment, 62?. Edmunds, of thanks to Pres;dent, 515. Fralick, of irnstructions to corn. on townshii., 44. do do legislative depart ment, 41, 51. do do militia, 61. Gardiner, relative to corn. on printing, 21. pay of reporter, 8C appointing M. Mahon reporter, 374. suspending printing journals, 447. C. J. Fox, superinten'dg do debates, 462. relative to extra pay to printers, 46?. printing constitution in pamphlet form, 513. paying reporters for extra services, p2!. Gibson, of instructions to corn. on elections, 54. Green, do do education, 79. do~- do arrangement and phraseology, 346. do to Secretary, 436. Graham, relative to adjournment, 103. Gale, afternoon sessions, 18,2. p)rinting bills of stationery, 432. Goodwin, sale of spirituous liquors, 204. IHanscom, rules, 4. newspapers and postage, 6. corn. on supplies and exp'rs., 19. postage and printing, 93. adiournment, 106, 112. pay of President, Secretary and Serg't-at-Arms, pro tern., 155. morning sessions, 181. UTpper Peninsula, 226. 73 .) if' -,7 INiT)EX. Resolutions presented by 3Ir. Hanscom,.relative to granting use of Hall,.232. messengers, 460. of thanks to reporters, 521. relative to pay for newspapers, 523. fascall, drawing for seats, 5. of instructions to com. on State officers, 44, do do exemptions, 48. relative to per diem of members, 136, 141. of instructions to State printer, 513. Hart, do corn. on judiciary, 56, 45. relative to com. on judicial circuits, 461. pay to E. Willis, as door-keeper, 513. Hixon, of instructions to com. on judicial depm't, 57. Kingsley, relativezto com. on rules, 5. constitutions of States, 31. I,each, biennial sessions, 45. debates, 86. report of corn. on supplies, 369, 321. Lovell, of thanks to Secretaries, 516. McClellarid, relative to com. on mode of proceeding, 5. printing debates in Dutch, Ger man and French, 9. revising constitution, 32. of instructions to com. on judicial dep't, 42. do do banks and inc'ns, 42, Jo do counties, 42. do do mode of amending and revising constitution, 133, relative to adjournment sine die, 344, 360, 403. appointing John Swegles, Jr., to superintend printing journals, 462. appointing Horace S. Roberts, to record do, 462. relative to printing constitution in Dutch, Ger man and French, 462. ~lcJeod, clergymen, 32. seat of government, 61. granting hall to Mr. Bibb, 76. general incorporation law, 253. Moore, of instructions to corn. on legislative dep't, 47. relative to adjournment, 506, 103. of instructions to com. on judicial dep't, 289. Morrison, do do corporations, 51. do do exemptions, 52. relative to compensation for property for public uses, 51. relative to elective franchise, 65. Masoln, of thanks to H. T. Backus, for eulogy, 315. (O)rr, of instructions to corn. on judiciary, 61, 42 do do banks and inc's., 47. 678 INDEX. rtesolutions presented by Mr. O'Brien, instructions to corn. on exemptions, 54. N. Pierce, do do supplies, 31. relative to revising constitution, 32. adjournment, 145. J. D. Pierce, of instructions to corn. on judiciary, 39. do do banks and incor porations, 40. relative to granting use of hall, 108. purchase of public lands, 360. Roberts, Sergeant-at-Arms, 4. of thanks to D. P. Bushnell, 9. relative to national flag, 9. comn. on Upper Peninsula, 21. clergymen, 32. printing, 39. com. on printing and debates, 91, 96, 99. supplies, 94. newspapers, 94, 98. death of President Taylor, I7,. Raynale, clergyman, 32. of instructions to corn. on miscellaneous provi. sions, 57. Robertson, do do legislative dep't, 45. do do education, 55. do do arrange't & phrase ology, 355. Redfield, relative to adjournment, 482, 148. Rix Robinson, of instructions to corn. on judiciary, g93. 9torey, relative to reporters, 32, 6. constitutions of States, 10. printing and binding of journals and documents, 21. of instructions to corn. on legislative dep't, 41. do do miscellaneous provi. visions, 52. do do legislative dep't and State officers, 55. relative to postage and printing, 93. adjournment, 156. rescinding invitation to Gov'nor, 354. Suth;erl and, of instructions to com. on finance and taxa tion, 43. do do on impeachments & removals, 60. relative to daily sessions, 100. Soule, of instructions to com. on judiciary, 43. Sturgis, do do legislative dep't, 44. Skinner, do do judiciary, 55. .5119 5iDEX. Resolutions presented by Mr. Town, of instructions to comn. on counties. 54. relative to members paying their own postage, 377. Van Valkenburgh, relative to clergymen, 8. stationery, 22. of instructions to corn. on townships, 42. do do legislative dep't, 52. relative to manual, 47. per diem of members, 182. of thanks to door-keeper, 519. White, relative to stationery, 7, 8. Auditor General, 60. adjournment, 121. Whittemore, stationery, 7. Witherell, Governor, 9. of instructions to corn. on judiciary, 45, 38. relative to electing Presidents of Conventions, 51. of instructions to corn. on legislative dep't 53. -: do do schedule, 57. , relative to per diem of President, 240. Wells, of instructions to corn. on judiciary, 39. do do education, 65. Warden, do do elections, 39. do do capital punishm't, 42. Walker, do do legislative dep't, 43. Willard, relative to adjournment, 45. Wilaliams, of instructions to cor on judiciary, 56. do do finance and taxation, 56. do do miscellaneous provi. sions, 168, 56. do do exemptions, 56. relative to granting use of hall, 116. per diem of members, 135. Woodman, of instructions to corn. on crimes, 62. relative to the death of the President, 183. per diem of messengers, 370. furnishing Post Master with manual] 447. corn. on clergy, 520. of thanks to messengers, 521. C'hairman of committee on reporters, 16. do do supplies, 20. do do printing, 37. S. Swegles, John Jr., appointed Secretary, 4 $cretary pro ten,d chosen, 2 580 INDEX. Sergeant.at-Arms pro tent., chosen,'2. Secretaries, Assistant appointed, 4. Stockton, William C., appointed Messenger, 14. Special orders, 109,123, 331, 339. T. Tellers appointed, (Messrs. Story and Hanscom,) 3. Toan, Charles E., appointed messenger, 14. U. Unfinished business, 112, 116, 141, 175, 183, 192, 203, 213, 255, 265, 312, 360, 390, 411, 436. V. Van Valkenburgh, J., protest of, 202. 681 APPENDIX. STATE OF MICHIGAN. [Doc. No. 1.] In Convention to Revise the Constitution 1850. COMMUNICATION from thie Secretary of State. OFFICE OF THE SECRETARY OF STATE, Lansinq, Jane 4, 1850. HON. DANIEL GOODWIN, President of the Convention: In compliance with the requirements of Joint Resolution No. 19 of the session laws of 1850, I have the honor to transmit herewith an abstract of the reports of the County Clerks of the several counties relative to the expenses of the circuit and county courts of this State so far as the same have been received at this office. The Joint Resolution above referred to also required Qf me a farther report "of the whole expenses of courts and officers in the year 1846." I have made thorough search and have been unable to find any reports or documents in this office giving the information desired. Very respectfully, yours, C. H. TAYLOR, Secretary of gStak At~~~~~~~ I n - Ie ABSTRACT of Reports of Coun'ty Clerks relative to Court Expenses, for the year 184. CIRjUIT COURT COUNTY COURT- l49. il 11~~~~~~~~ 0 * II9 4- __ | 02.4, 10~~~~~~~~~.~ f~!0 t 2 14 001 $ } 2b 3$ 6OV 3 181 0'1 4 j1 66 5 o o l51 197 83 142 3,il.2'[ 181 83j 17 59 40 72 - 4' 6 S ll~~~~~~aralh~~~~~~~~~~~c~~~~~ihn~~2'2 1 62 3 6 4 51] 3! 138 7690I I l l ~~~~~4:| 4j 111 04 221 3 | 38 5! 18 1 7s 00: ol21 2s 192 5 12 61 2 0 320 00 1 -12 4, 33 4 38 0 5 5 5 0 i 5 0 t -1 Chipptewa.,10 2 6 1 t 27 44 86 120 30 *1 5 D. 39; 7i;:3 | 1.;0| 70}0 o0 511 77 00) Peon ~~~~ ~~~~~~~~~~~~~~~~~~2 2 30 1212 20 1 1 1 9 119 2 151 0 l. 100 1I0~~~~~~~I,))arn~~~~~~ I t | 511 4|D. 39874 5 24 60 191 |0 68I 1)0 0i.9,t.Q Ee~nat~az I43' Ac265 I |4 1it! 2)330 74 2- 4I9 93 17 - 130 J| 7Q) I301 59 3 Iid 9d 39 I 113 5 8) 50: 13,1,-) COI~ 06 17 23 53 ~~~~~~~~~~~7i 9 193 2. 3i 44t 25) 22 -4. a Al3' ~ 12) 0 1 17 17 60 laleer 4 60~~~~~~~~~~~~~ ~ 2 200 3, 5i I 511 7 501 j1 5807 12 4;1! 0(( 0 1~~~~~~~~~~~~~~~~~~~07 A. 2. 60 Of) 7 80 6 Livin~~~~~ton, 4 A15 1A. 24 (0 ~~~~~~~~~~60 2Da. 99.1 -' S " -1~~~~~~ 19 90 504 6 ~~~~~~~~ckinac,~~~~~~~~~~~~~~~~~~~~D No7 reprt 61 1 37 51 I'59 ~.80 505()6 ~~~0nro0, 15 19 ~~~~~~~~~~~~~~~~~~~28 50. 6 9 3661 Q 5. I (0 I 0$ 0 an I:s 21 _a S -...a ~ OCOUNTIES s,r 6l-e ~ ~ 01 6 jti Berrien, I 9 B o 13 I Branch, J:i 21: 73 92 3 Calhoun, 19, 226 32 369 Cas,-., 6 I - Chippewa, 2; Clintor,' 5J 8 Edton, i 21' genie~ee, 31 tHillsdale, | 31 6 I~nghami, 1:?1 3 Ionia, ] I Jee~ksoxn, | 201 |I0 Ra'amazoo, 3| 3,. Kent, I,li 17 l.al,eor,.4 4 Lenawee, 10 1(; A Livitigston, 4J 1 A 18 Mackinac, NO report. o ro I151 I 1 ]530 ootl 30J) 1)(l 40{ 66j 600 500 001 a.0f) ooJ ]oi ooJ ;-. 15 O) .' 45 IO 1300 00 S(,o0 1 Too oo0 |a30o3'o,,!t 1'.500 0 ~0o oo/1 1-..0 COl ,.9}0 I I CIRCUI-T COURT1 18:49. I|tawa D 29 2 o |2 139 416 *8 741 217 741 127 190 50, M 203 00 H. 000 WI sagin, 11 7' 4 6002 400 4 21 1. 2 0 O-o 2 2 2.: 1 27 4; 50 25 250 300 O' . 311 3 - 97 26) 2. 17 24 50 c7 00.3 C. I i., 3a 5411 40 183 l l -i 6'!251 7I, 1 50,00 11s~ ena, 21 ~3 1 74 8:" 24 38 80.' 24 00. 8 2 0O t, 6 72 902 2 4 50.53 6 81 2 1 2 48 4 1 1 2: 2! - 29 8 4.- 1 5 0: Q ),?5 O i O 0 0 00 55 68ii65 7 4 1s 9 902$ 43. 09 421 0( 27 93 5,I 8:6.0o 71 71 o 1.40.) 0o 3 2~~~~~~~~~~~,81 4~', 4oo-lit 58,. 11,707 41I,W86IP,37100I1T$9~111 3 300 9( 1_ 0113-48,, ill_ _ __ 871- 2,91 _.111 _ $3w _ ___ l____ _, $ @ 64 I 1O l34. 1 |@,8 3 8 l lWlIi2 8 1 v v 97,7 7:1 ]i& | @, 148 o.,3I@ l 03 3 4 A. U,Cnstables includedl. B. Sheriffs, Co',stables and Witnesses included. c. Circiji. andl Coun,y. D.'Petit Jiurors incluled. E. Sheriffs, Consltables, Witnesses and Grand Jurors included F. First and -ecodl Judge. (;. To whomn pay was allowedl. a Appeal taken, but not yet decided. STATE OF MICHIGAN. [Doc. No. 2.] . In Convention to Revise the Constitution, 1850. REPORT of the Committee on Education. The committee on education, to whom was referred so much of the organic law as relates to the subject of education, have instructed me to report the accompanying Article, No. The most importanL change that your committee have deemed it expedient to engraft'upon the existing fundamental law.of the State, is the-introduction of a provision for the establishment of a system of primary schools, by which le cldr do th of our State, (if it be adopted,) will have placed within their reach the opportunity of acquiring a good education free of any charge for instruction. In recommending this important change in the organic law, your committee are entirely unanimous; and we cannot but believe that in so doing, we have correctly interpreted an d inscribed the views, the wishes, and the sense of sacred duty, of the great mass of the people of Michigan. If there is any one subject, of paramount importance to all others, that will come before this convention for adjustment, in the consequences that must result from its decision to the interests, the happiness, the future greatness and proud destiny of the millions to whom after us will be assigned the occupation of our now infant cities and villages, our rich agricultural districts, and as yet unbroken forests-it is the one now presented for your consideration. It is unnecessary for us to remind this convention how indispensible is the umniversal education of the youth of our country to the purity and permanency of our delmocractic institu,tions and system of government. It is a proposition so obvious so universally assented to, that no one can be found in this enlightened age, who will for one moment call.it in question. And vet, at this peculiar epoch, at which every day we are astonished anew by some previously unparalelled discovery in the arts and sciences —when new avenues are daily being opened to the rapid acquisition of wealth, and fortunes are acquired in a day-when tlhe,hole,bvdy politic is exhi]erated to a degree amounting to phrenzy-when greater changes are effected in a year than were formerly in an age — when the teeming millions of agitated Europe, despairing of the reestablishment of civil liberty in their own country, and attracted by the bright.,beacon of our prosperity, rendered more visible by the darkness which surrounds them, are spreading the annual waves of emigration farther and farther into the forests of the to us, now — far west. In this, in such an age, may we not well inquire whether, in this general scramble for wealth and power-at this period of rapid progression and transition —there may not be great danger, that unless more vigor is imparted into our system of education, and an efficiency infused into it commensurate with the exigency of the age, the foundations of our government may be U-indemined and the beautiful superstructure itself prostraated. The great facility and cheapness with which a freehold can be acquir i r State, has hitherto served as a perfect exemption from that extreme of poverty among any part of our population, which is beginning to exhibit itself in many of the older States of the Union, and in some of those, tQo, in which.was first inculcated the principle that universal education was indispensible to the preseqrvation of civil and religious liberty and the perpetuity of democratic goverinments an. extreme which, whenever and wherever it may exist, or from whatever cause it may be produced, must necessarily, in process of time, oppose an insurmountable barrier to that universal education and consequent intelligence of the masses which is on all hands conceded to be so indispensible, unless a timely andadequate pieventative be administered. Yourcommittee are of the opinion that no time should be lost in providing such a preventative in this State; and that the only sensible, just and adequate one within our reach is the insertion within our constitution 2 0 6f a inandatoi'y clause, enjoining it upon the 6legislative departmenl to provide a system of schools by which all the children and youth within our borders shall be educated at the charge of the common wealth. There was a great truth developed in the principle asserted by the Spartan law-giver, that all the children within the State were the property of the State, and should be fed at the public tables, and be trained at the public expense a principle as essential to the preservation of the peaceful institutions of our own government as it was, at that time, to the perpetuity of the warlike system of the Lacedeminonians. Your committee have been unable to obtain any reliable data on which to base an estimate of the proportion which it would become necessary to raise by taxation, as compared with the amount distribu ted per scholar from the primary school interest fund, for sustaining free schools for three, six, nine or twelve months. The only data we have upon this point are those derived from the operation of the free school system in the city of Detroit. The total expense of keeping up the schools of that city for the year 1849, was about $4,950. The number of children between the ages of 4 and 18 years, was 5,846. Amount received fi-om the primary school interest fund, $ 1,929, or a tril. lss than the amount required for the support of their schools for one-third of the year. ft w.aa't t the expense of maintaining such schools in the agricultural districts of the State, and especially where the population is sparse and schools small, must necessarily be much greater in proportion to the number of children between said ages than in the city of Detroit. If there should be any who are disposed to hesitate in view, of the expense of the proposed system, your committee would inquire of them whether it would not be better to be taxed for the diffusion of intelligence and virtue among the associates of their offspring, than for the support of poor houscs and prisons, which would necessarily be filled utip by poverty, vice and crime, the legitimate offspring of that prolific mother-ignorance. The proposed system of free schools is by no means an untried experiment. It has been enjoined by constitutional enactment in five of the States of the Union, viz: in Indiana in 1816, in Missouri, in ! 821, in Texas and Louisiana in 1845, and'in Wisconsin in 1848. 4 It was also submitted to the people of the State of New-York by legal enactment for their approval or rejection in 1849, and was established by an overwhelming majority, and has since been carried into successful oporation. In most of the New England States, although they have no constitutional provision establishing schools entirely free, yet their schools approximate very nearly to this system. We have already alluded to the fact that the free school system had been adopted in the city of Detroit. It was introduced there by an act of the Legislature in 1842, and has been for several years in successful operation, and although at first it encountered a violent opposition, it has since become one of its most cherished institutions, and the proudest monument of the City of the Straits. There is another modification, intimately connected with the foregoing, which your committee have introduced into the Article herewith submitted, and which they consider too important to pass Over without notice, viz: the provision requiring the English language, and no other, to be taught in all our primary schools. This provison'your committee believe to be of great importance, not only to our native citizens, but more especially to the great mass of the emigrants from countries speaking a different language from our own, who have already settled among us, and to immense numbers of others of the same character, whom we have good Seson to hope and believe will be induced to occupy "he:tracts of rich and beautiful lands within our State, that as yet have remained untouched by the axe or the plow of the white man, and where the iron heel of oppression never trod, and we trust never will. It is obvious that it is alike essential to them and to us, that all who are to exercise in common the high privilege of the elective franchise-to sit together in the same legislative halls to make, to unmake and to obey the same laws, should be taught to speak and write the same language. Withouit such a common medium for the easy interchange of views and sentiments, distinct classes will be preserved, and animosities and prejudices engendered, disastrous alike to all, while through the medium of a common tongue, the different divisions of the Europe an race will readily re-unite and commingle, producing a new variety of the same race, distinct from either of its ingredients, and both physically and mentally superior to each. 5 Your committee have so modified the provisions in relation to the Superintendent of Public Instruction and Regents of the University, as to make them elective, and dispensing with all ex-officios. We have also provided for the continuance and government of the Nor mal School, and for the establishment by the legislature of an agri cultural school at the earliest practical period. The utility and im portance of these modifications, it is believed by your committee, are too apparent to require any comment from us. D. C. WALKER, Ch'n. I I STATE OF MICHIGAN. [Doc. No. 3.]_ In Convention to Revise the Constitution, 1850. REPORT of Committtee on Incorporations. The undersigned, minority of the committee to whom was referred the subject of corporations, other than municipal, having had the same under consideration, beg leave to report, that on so much of the subject referred as related to banks, the committee could not agree. In order to secure to the people of this State, under existing circumstances, a sufficiently safe, ready and ample circulating medium to meet the wants ofthe commercial and business portion ofcommunity, a system of banking, founded on a specie paying basis, with ample security for the redemption in specie of all bills put in circulation as money, appears to the undersigned to be absolutely necessary. And when we take a view of the peninsular State, surrounded as it nearly is by navigable waters, which are continuous to other States with a coast of more than eighteen hundred miles in extent, lined with fisheries inexhaustible, a fertility of soil unsurpassed in the variety and extent of its productions; bearing on its surface extensive forests of valuable timber, and enriched beneath by natural resources of unlimited mineral wealth, with its mines of iron and copper, its beds of coal and plaster, and salt springs, the conclusion is irresistible that a vast trade must grow up, which will demand an increased corresponding circulating medium. It is, therefore, the part of wisdom and sound policy, that a system of banking be established that shall induce the aggregation and ems ploymeent of foreign capital in our State, and shut out from circulation bills of less reliable institutions froin other States. It is the opinion of the committee, that by providing for such a system of banking as we bave ecommended, that it will be, not only a salutary aid in carrying on the already large and increasing conmmerce anid trade within the State, but that it will prove highly advan tageous to every branch of industry, and satisfactory to the people at large. The committee therefore beg leave to report the following Article, No. A. J. COMSTOCK, J. R. WHITE, M1inority of Committee. Corporations, other than Junic?ipal. ARTICLE -. Sec. I. Corporations may be formed under generallaws; but shall not be created by special act, except for municipal purposes. All general laws, and special acts passed pursuant to this section, may be altered from timie to time, or repealed. Sec. 2. The term "corporations," as used in this article, shall be-construed to include all associations and joint stock companies having any of the powers or privileges of corporations, not possessed by individuals or partnerships. Anrd all corporations shall have the right to sue, and shall be subject to be sued, in all courts, in like cases as natural persons. Sec. 3. The Legislature shall have no power to pass any act granting any special charter for banking purposes; but corporations or associations may be formed for such purposes, under general laws, by a vote of two-thirds of all the members elected to both branches thereof. Sec. 4. The Legislature shall not pass any law sanctioning in any nmanner, directly or indirectly, the suspension of specie payments by any person, association or orporatiors, issuing bank notes of any description, Sec. 5. Tlhe Legislature shall provide by law for the registry of all bills or notes issued or put in circulation as money, and shall requlire amrnple security fbr the redemption of tile samne in specie; suc(l security to be in stocks, (bonids or evidence of debt issued by the United States or of individual States, or both,) which shall be deposits ed with the State Treasurer, and be at least, when offered, equal in value to the amount of bills or notes registered and issued for circula. tion. Se,,. 6. The stockholders in every corporation and joint stock association for banking purposes, issuing bank notes or any kind of paper credits to circulate as money, shall be individually responsible to the amount of their respective share or shares of stock in any suchI corporation or association, for all its issues, debts and liabili. ties. Sec. 7. All corporations and joint stock associations created by the Legislature, under and by virtue of this article, shall pay to the State Treasurer for the use of the State, at least one per centum per annum on the capital stock paid in, as a tax; and no other tax shall be assessed or collected against them, Sec. 8. In case of the insolvency of any bank or banking asso. ciation, the bill holders thereof shall be entitled to preference in payment, over all other creditors of said bank or association. Respectfully submitted. A. J. COMSTOCK, J. R. WHITE, of Committee, ic. 3 TA1ATE OF'V ICHIGAN. No. 4I] In Convention to Revise the Constitution, 1850. COMMUNICATION from the Commissioner of the State Land Office. STATE LAND OFFICE, Lansing, June 26, 1850. Hon. 1). GooDwiN, President of the Convention: In compliance with the resolution adopted by the Convention qa the 26th instant, I have the honor to present the annexed schedule, (marked A.,) which exhibits brief answers to interrogatories I, 2, 3, 4, 5, 6, 7 and 8. The schedule, (marked B.,) also annexed, exhibits answers to interrogatories 9 and 10. All which is respectfully submitted. PORTER KIBBEE, Commissioner Land Olce. t- - -. I - I ,bs'act of trequa ntty of unsold Primrary S,/oloo, Uniersiy, Sa Spri'j, glt BBi2ding, Asylum, 2iormal Sc&iool, nterna lmyrov men and Asset ILas: Variety of Land. Primary School; University, Salt Spring, State Building, Asylum, Normal School, Internal Imp-ovement, Asset lands, including village lots at appraised value, Lots in Lansing, The internal improvement lands are not included in the aggregate valuation, as they are all appropriated. -. - v -. I.- l. {s It [ SOHEDULL.1, Acres. Price p'r acre Amount. 871,859 23,508 1,642 800 16,000 16,000 102,107 12 4 8 4 4 00 00 00 0 00 00 .$3,487,436 00 282,096 00 6,568 00 6,400 00 64,000 00 64,000 00 20,356 79 63,699 00 83,994,555 79 1,031,916 ll-ir"-IEDUfJL B 3,sracI of tA?e umner off Sales on wh,iicl t(ividuaZ acuntsii iit;.I beenr openedfrom 1837, to Jgine, 1850, inclusive: Year.,Primary School. U-niversity. Halt Spring. StateBuilding. l'l. Asylums. Total. 1837, 508 198 7 706 1838, 124 9 I 133 1839, 114 8 122 1840,1 22 27 49 1841, 263 t110 373 1842, 309 835 344 1843, 152 58 9 219 1844, 145 69 6 220 1845, 159 38 11 208 1Q46, 151 23 3 177 1847, 673 22 20 715 1848,1 423 37 16 476 1849,, 240 1 12 253 1850, 151 4 1 8 164 3434 639 48 30 8 4159 Total number of forfeitures on Primary School and University lands during the current year, ending May 1st, 1850, 561. These forfeitures are not absolute until the improvements are appraised and the lands offered for sale at public auction. Total amount of penalties on said forfeitures, $1,822 12. STATE OF MTIICHIGAN [Doe. No. 5.] I In Convention to Revise the Constitution, 1950. REPORT from the Committee oh Exemptions and the Rights of Married Women. To the Honorable the Convention to revise the Constitution of the State of Michigan: The undersigned, a majority of the committee on Exemptions and he Rights of Married Women, to whom were referred the varioes resolutions on those subjects, have had the sanme und,er cQnsideration and would respectfully report: That after mature deliberation of the various matters embraced in the several resolutions referred to them, they are of an opinion, and so recommend to the Convention, that on the subject of exemptns no provision is required, nor is it expedient that any should be incorporated in the constitution.. -. The whole subject, without any such provision, being within the competency of Legislative action, except so far as the same is limited and restrained by the provisions of the constitution of the United States, any constitutional provision on this subject, unless in restraint, would manifestly be unnecessary and unwise, and clearly better left to legislative discretion, so to mould the exercise of the power as to meet, without restraint, the changing circumstances of society, and enable them to grant such measure of relief as th'exigencies of the time really seem to require. In the opinion of the undersigned, on principle, except to a very . - 9 limited extent, the whole system of exemptiQnpi is essentially wroiie It is followed by consequences, when adopted, to a greater or less exe tent, subversive of that personal economy and commercial integrity so essential to the prosperity of any people The changing exigencies of society really, sometimes, require, in this respect, legislative intervention. In most of the cases when exercised, it is injurious rather than beneficial, not only to the creditor, but also the debtor portion of community. The organic law cannot, therefore, with any safety, prescribe any fixed rule. The undersigned therefore hope, and relying on the innate integrity of our people, have reason to believe, as the capacities and business energies of our state are developed and matured, the necessity and desire of any system of exemptions will and ought to decrease, and believe the time is not very remote when exemptions should not extend beyond the mere indispensable necessities of a household. It should be, and your committee hope it will be the highest ambition of our citizens, to be just and absolutely punctual in all their engagements. Property is the legitimate source for the payment of debts, and should, for that purpose, be faithfully applied as between debtor and creditor. All exemptions, in the opinion of your committee, upon principle, operate most injuriously as a withdrswal of so much available capital from the active business of society, and can alone be justified to any extent by the most imperious necessity of family ex. istence. In relation to the right of married women, the undersigned re spetfully report the annexed article. SENECA NEWBERRY, HENRY FRALICK, DANIEL S. LEE, A. R. TIFFANY, y 16, t850. STATE OF MICHIGAN. [Doc. No. 6.] In Convention to Revise the Constitution, 1850. Articles of the Constitution, as referred to the Com mittee on Arrangement and Phraseology. ARTICLE -. Bill of Rights. ~ 1. All political power is inherent in the people. ~ 2. Government is instituted for the protection, security and ben efit of the people; and they have the right at all times to alter or reform the same, and to abolish one form of government and establish another, whenever the public good requires it. ~ 3. No man or set of men are entitled to exclusive or separate privileges. ~ 4. Every person has a right to worship Almighty God according to the dictates of his own conscience; and no person can of right be compelled to attend, erect, or support, against his will, any place of religious worship, or pay any titles, taxes, or other rates, for the support of any minister of the gospel, or teacher of religion. ~ 5. Nomoney shall'be drawn from the treasury for the benefit of religious societies, or theological or religious seminaries, nor property belonging to the State be appropriated for any such purposes. 1A 2 ~ 6. The civil and political rights, privileges and capacities of no individual shall be diminished or enlarged on account of his opinions or belief concerning matters of religion. ~ 7. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. ~ 8. The person, houses, papers and possessions of every individual shall be secure from unreasonable searches and seizures; and no warrant to search any place or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation. ~ 9. The right of trial by jury shall remain inviolate, but shall be deemed to be waived in all civil cases, unless demanded by one of the parties, in such manner as shall be directed by law; and the Legislature may authorize a trial by a jury of a less number than twelve men. ~ 10. In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defence. ~ 11. No person, after acquittal upon the merits, shall be tried for thesame offence; all persons shall, before conviction, be bailable by tfficient sureties, except for murder and treason, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it. ~ 12. Every person has a right to bear arms for the defence of hAbself and the State. 3 ~ 13. The military shall in all cases and at All.. times be in tdc s ubordination to the civil power.: ~ 14. No soldier shall, in time of peace, be quartered in any house' without the consent of the owner or occupant; nor in time of war, Lbut in a manner-prescribed by law. ~ 15. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; no person shall be convicted af treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. ~ 16. No bill of attainder, ex-post facto law, or law impairing the obligation of contracts, shall be passed. ~ 17. Excessive bail shall not be required; excessive fines shall not be imposed; and cruel or unusual punishments shall not be inflicted! nor shall witnesses be unreasonably detained. ~ 18. The property of no person shall be taken for public use without just compensation therefor. Private roads may be opened in- the manner to be prescribed by law; but in every case the necessities of the road and the amount of all damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders; and such amount, together with the expenses of proceedings shall be paid by the person or persons to be benefitted. ~ 19. The people have the right peaceably to assemble together, to consult for the common good, to instruct their representatives, and to petition the Legislature for a redress of grievances. ~ 20. No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law. ~ 21. Aliens who are, or who may hereafter become, bonafide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property, as native born citi zens. ~ 22. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State. ~ 23. No person shall be imprisoned for debts arising out of, or founded on a contract, express or implied; except in cases of fraud 4 or breach of trust, or of moneys collected by public officers, or in any professional employment; and no person shall be imprisoned for a militia fine in time of peace. ~ 24. No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief. ~ 25. Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the constitution and,laws of this State, nor be permitted to vote at any election. ~ 26. The assent,of two-thirds of the members elected.to each branch of the Legislature, shall be requisite to every bill appropriating the public moneys, or property for local or private purposes. ~ 27. No lease or grant of agriceultural land for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid. ~ 28. No corporation shall hold any real estate hereafter acquired for a longer period than ten years, except such'real estate as shall be actually occupied by such corporation in the exercise of its franchi., ses., ~ 29. All lands, the title to which shall fail from a defect of heirs, shall escheat to the State, and shall be appropriated exclusively to the support of primary schools. ~ 30. All acts of the Legislature, contrary to this or any other article of this Constitution, shall be void. ARTICLE -. Elections. ~ 1. In all elections, every white male citizen above the age of twenty-one years, who shall have resided in this State three months next preceding any election; every white male inhabitant of the age aforesaid, who was permitted to vote under the provisions of the previous constitution of this State; and also every white male inhabitant of the age aforesaid, who shall have resided in the State two years and a half, and declared his intention to become a citizen of the United States; and every civilized male inhabitant of Indian descent, of 5 the age aforesaid, not a member of any tribe, who shall be a native of the United States; and every white male inhabitant of the age aforesaid, who shall have been a resident of this State on the first day of January, A. D. 1850, shall be entitled to vote at such election; provided the last mentioned persons shall have declared their inter.tion to become citizens of the United States, pursuant to the laws thereof, at least six months next preceding such election; but no such citizen or inhabitant shall be entitled to vote at any such elections unless he shall have resided in this State three months next prece. ding such election, nor in any township or ward, unless he is an actual resident thereof, and shall have resided therein for ten days next preceding such election. ~ 2. All votes shall be given by ballot, except for such township officers as may by law be directed to be otherwise chosen. ~ 3. Eectors shall, in all cases except treason, felony, or breach of of the peace, be privileged from arrest during their attendance at election, and in going to and returning from the same. ~ 4. No elector shall be obliged to do militia duty on the day ofr election, except in time of war or public danger. ~ 5. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence while employed in the service of the United States or of this State; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house or other asylum at public expense; nor while confined in any public prison. ~ 6. Laws may be passed to preserve the purity of elections, and guard against abuses of the elective franchise. ~ 7. No soldier, seaman, or marine, in the army or navy of the United States, shall be deemed a resident of this State, in consequence of being stationed in any military or naval place within the same. RESOLUTIOiN. ,Resolved, That at the next general election, and at the same time when the votes of the electors shall be taken for the adoption or rejection of the revised Constitution, the additional amendment in the wordsfollowing: 6 "Every colored male inhabitant, possessing the qualifications required by the first section of the second article of the Constitution, shall have the rights and privileges of an elector," Shall be separately submitted to the electors of this State for their adoption or rejection, in form following, to wit: A separate ballot my be given by every person having the right to vote for the revised Constitution, to be deposited in a separate box. Upon the ballot given for the adoption of the said separate amendment, shall be written or printed, or partly written and partly printed, the words " Equal suffrage to colored persons? Yes;" and upon all ballots given against the adoption of the said separate amendment, in like manner, the words, "Equal suffrage to colored persons? No." And on such ballots shall be written or printed, or partly written and partly printed, the words, "Constitution: Suffrage;" in such manner that such words shall appear on the outer side of such ballot when folded. If, at said election, a majority of all the votes given for and against the said separate amendment, shall contain the words "Equal suffrage to colored persons? Yes," then the said separate amendment shall be a separate section of article second of the Constitution, inf force and effect, any thing in the constitution to the contrary nwithstanding. ARTICLE -. Legislative 1Department. ~ 1. The legislative power shall be vested in a Senate and House of Representatives. ~ 2. The number of Representatives shall never be less than sixtyfour, nor more than one hundred, and shall be chosen for two years, and by single districts; the Senate shall consist of thirty-two members, and the Senators, one from each district, shall be elected for two years. ~ 3. The Legislature shall provide by law for an enumeration of the inhabitants of this State in the year eighteen hundred and fiftyfive, and at the end of every ten years thereafter; and at the first session after each enumeration so made, and also after each enum(:ation made by the authority of the United States, the Legislature shall apportion anew the Representatives and beats =ong Me several counties and districts, according to the number of whit inhabitants and civilized persons of Indian descent, not members of any tribe; which apportionment shall remain unaltered until tie ratwrn of another enumeration: Provided, That the county of Saginaw, with the territory thereto attached, shall be entitled to one Representative; the county of Tuscola, and the territory thereto attached, one Representative; the county of Sanilac, and the territory thereto attached, one Representative; the counties of Midland, GratiQt and Aronac, with the territory thereto attached, one Representative; the county of Montcalm, with the territory attached thereto, one RIepresentative; and the counties of Newaygo and Oceana, with the territory attached thereto, one Representative; and each county hereafter organized, with such territory as may be attached thereto, shall be entitled to a separate Representative, when it shall have attained a population equal to a moiety of the ratio of representation. ~ 4. The boards of supervisors in such counties as may be entitled te more than one member of the House of Representatives, shall assemble at such time and place as the Legislature shall prescribe, and divide their respective counties into representative districts, equal to the number of Representatives to which such counties may severally be entitled by law, and shall cause to be filed in the offices of the Secretary of State and the clerks of their respective counties, a description of such representative districts, specifying the number of each district, and the population thereof, according o the last preceding enumeration, as near as can be ascertained. Each representative district shall contain, as nearly as may be, an equal number of white inhabitants, and shall consist of convenient and contiguous territory; but no township or city shall be divided in the formation of representative districts. And when any township or city shall contain a population which shall entitle it to more than one Representative, then such township or city shall elect the number of Repesentatives to which it shall be so entitled by general ticket. ~ 5. The State shall be divided into thirty-two districts, to be called Senate districts, each of which shall choose one Senator. The districts shall be numbered from one to thirty-two, inclusive. No comunty shall be divided a'n the formation of Senate districts, except, sach county shall be equitably entitled to two or more Senators. 7 8 ~ 6.-&nators and Representatives shall be citizens of the:United States, and be qualified electors in the respective counties and dis tricts which they represent;' and a removal from their respective counties or districts shall be deemed a vacation of their seats.: ~ 7. No persons holding any office under the United States or this State, or any- county office, (notaries public, officers of the militia and officerselected. by townships excepted,) shall be eligible to or have a: seat-in either house of the Legislature, and all votes given for any such person: shall be void. ~ 8. Senators and Representatives shall, in all, cases, -except trea son, felony or breach of the peace, be privilged from arrest; nor shall they be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement and, after the termination of each session; and for any speech in either house, they shall not be questioned in any other place. ~ 9. A majority of each- house shall constitute a quorum to do business; but a smaller number may adjourn from day,to', day, and may compel the attendance of absent members, in such mannner and under such penalties as each house may provide. ~ 1O0.- Each housee shall choose its own officers, and shall determine, the rules of its procedings, and judge of the qualifications, elections and returns of its own members; and may, with the concurrence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause, nor for any) cause known to his constituents antecedent to his election; and the reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question. ~ 1 1. Each house shall keep a journal of its proceedings, and pub. lish the same, except such parts as may require secrecy; and the yeas and: nays of the members of either house, on any question, shall, at the request of one-fifth of the members elected, be entered on the journal. Any meimber of either house shall have liberty to dissent from and protest against any act, proceeding or resolution. which he may think injurious to the public or an individual, and have the reason of his dissent entered on the journal. ~ 12. In all elections by either or both houses, the votes shall be given viva voce; and all votes on nominations made to the Senate' shall be taken by yeas' and nays, and published with the journals of its proceedings. ~ 13. The doors of each house shall be open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than where the Legislature may then be in session. ~ 14. Any bill may originate in either house of the Legislature. ~ 15. Every bill passed by the Legislature sllall, before it becomes a law, be presented to the Governor; if he approves it, he shall sign it; but if not, he shall return it with his objections to that house in which it originated, who shall enter the objections at large upon their journal, and proceed to reconsider it. If, after such reconsideration, two.thirds of all the members elected agree to pass the bill, it shall be sent, with the objections, to the other house, by whom it shall likewise be reconsidered; and if approved also by two-thirds of all the members elected to that house, it shall become a law; but in such case, the vote of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house respectively; and if any bill be not returned by the Governor within ten days, Sundays excepted, after it has been presented to him, the same shall become a law, in like manner as if he had signed it, unless the Legislature, by their adjournment, prevent its return; in which case it shall not become a law. But the Governor may approve and sign and file in the office of the Secretary of State, within five days after the adjournment of the two houses, any act passed during the last five days of the session; in which ease it shall become a law. ~ 16. Every resolution, to which the concurrence of the Senate and House of Represenntatives may be necessary, except in case of adjournment, shall be presented to the Governor; and before the same, shall take effect, shall be proceeded upon in the same manner as in the case of a bill. ~ 17. The members of the Legislature shall receive for their services only three dollars a day for actual attendance and when absent from sickness, for the first sixty days of the session of 1851, and for the first forty days of every subsequent session, and nothing thereafter. When convened in extra session by the Governor, they shall 2A 9 10 receive three dollars a day for the first twenty days, and nothing thereafter; and shall legislate on no Other subjects than those expressly,stated in the Governor's proclamation, or submitted to them by his special message. They shall also receive no more than ten cents for every mile they shall actually travel, in going to and returning from their place of meeting, on the usually traveled route; and for stationery and newspapers, not exceeding five dollars for each member during any session. Each member of the Legislature shall be entitled to one copy of the laws, journals and documents of the Legislature of which he was a member; but the Legislature shall not, at the expense of the State, provide for its members books, newspapers or other perquisites of office, not expressly authorized by this constitution. ~ 18. The Legislature may provide by law for the payment of postage on all mailable matter received by the members, Lieutenant Governor and Speaker, during the sessions of the Legislature, but not on any sent or mailed by them. ~ 19. The President of the Senate and the Speaker of the House of,Representatives shall receive the same per diem compensation and mileage as members of the Legislature, and no more. ~ 20. No member of the Legislature shall receive any civil appointment within this State, or to the Senate of the United States, by the Governor, the Governor and Senate, from the Legislature, or any other State authority, d(uring the term for which he shall have been elected; and all such appointments, and all votes given for any such member for any such office or appointment, shall be void; nor shall any member of the Legislature be interested, either directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the time for which he shall have been elected, and for one year thereafter. ~ 21. The Governor shall issue writs of election to fill such vacaneancies as may occur in the Senate and House of Representatives. ~ 22. All bills and joint resolutions shall be read three times in each house before the final passage thereof; and no bill or joint resolution shall become a law without the concurrence of a majority of all the members elect in each house; and on the final passage of all bills, the vote shall be by yeas and nays, and shall be entered on the journal. 23. No law shall embrace more than one object, which shallbe expressed in its title; a-d no public act shall take effect or be in force until the expiration of ninety days from the end of the session at which the same may be passed, unless the Legislature, by a twothirds vote of all tlie members elected to each house shall otherwise direct. ~ 24. The Legislature shall never grant or authorize extra compensation to any publie officer, agent, servant or contractor, after the service shall have been rendered or the contract entered into. ~ 25. The Legislature shall provide by law that the fuel and stationery furnished for the use of the State, the printing and binding the laws and journals, all blanks, paper and printing for the executive departments, and all other printing ordered by the Legislature, shall be let by contract to the lowest bidder or bidders, who shall give adequate and satisfactory security for the performance thereof. And it shall not be competent for the Legislature to rescind or alter such contract, or to release the person or persons taking the same, or his or their sureties, fromn the performance of any of the conditions of the contract; aind no member of the Legislature, or other officer of the State, shall be interested, either directly or indirectly, in any such contract. ~ 26. The Legislature shall have no power to authorize, by private or special law, the sale or conveyance of any lands or other real estate belonging in whole or in part to any person or persons; nor to vacate or alter any road laid out by commissioners of highways, or any street in any incorporated city or village, or in any township plat. ~ 27. The- Legislature may authorize the employment of a chaplain for the state prison, but no money shall be drawn from the treasury for the payment of any religious services in either branch of the Legislature. ~ 28. No law shall be revised or amended by reference to its title only; but the act revised, and the section or sections of the act amended, shall be re-enacted and published at length. ~ 29. Divorces shall not be granted by the Legislature; and'no lottery shall be authorized, nor shall the sale of lottery tickets be permitted. .11I 12 ~ 30. No new bill shall be introduced into either house during the last three days of the session, unless by the unanimous consent of the house in which it originates. ~ 31. In case of contested elections, the person only shall receive from the State per diem compensation or mileage who is declared by the house in which the contest takles place, to be entitled to a seat. ~ 32. No person who may hereafter be a collector, or holder oit public moneys, shall have a seat in either house of the Legislature, or be eligible to any office of trust or profit under this State, until he shall have accounted for and paid over, as provided by law, atL sums for which he may be liable. ~ 33. The Legisiature shall not audit or allow any private claim or account. ~ 34. Whenever the Legislature fixes upon the day of adjour,nment, they shall adjourn at twelve o'clock at noon of that day. ~ 35. The Legislature shall meet at the seat of government on the first Wednesday in February next, and on the first Wednesday of January of every second year thereafter, and at no other place or time, unless as provided by this Constitution. ~ 36. The election of Senators and Representatives, pursuant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November in the year 1852, and on the Tuesday succeeding the first Monday of November of ever' second year thereafter. ~ 37. The Legislature shall have no power toestablish a State paper; but every newspaper in the State which shall publish all the general laws of any session within forty days of their passage, shall be entitled to receive a sum not exceeding fifteen dollars therefor. ~ 38. The style of the laws of this State shall be "The People of the State of Michigan enact." ~ 39. The Legislature shall have no power to pass any act to grant any license for the sale of ardent spirits or other intoxicating liquors. 18 ARTICLE -. Executive,Department. ~ 1. The Executive power shall be vested in a Governor, who shall hold his office for two years. A Lieutenant Governor shall be chosen at the same time and for the same term. ~ 2. No person shall be eligible to the office of Governor or Lieutenant Governor, who shall not have been five years a citizen of the United States, and a resident of this State two years next preceding Dais election; nor shall any person be eligible to the office of Governor who shall not have attained the age of thirty years. ~ 3. The Governor and Lieutenant Governor shall be elected at the rimes and places of choosing members of the Legislature; the persons respectively having the highest number of votes for Governor and Lieutenant Governor shall be elected; but in case two or more shall have an equal and the highest number of votes for Governor and Lieutenant Governor, the Legislature shall, by joint vote, choose one of the said persons so having an equal and the highest number of votes. ~ 4. The Governor shall be Commnander-in-Chief of the military and naval forces of this State; and he shall have power to call forth the mrilitia, to execute the laws of the State, to suppress insurrections, and to repel invasions. ~ 5. He shall transact all necessary business with the officers of government, civil and military; and may require information, in writing, from the officers of the Executive department, upon any subject relating to the duties of their respective offices. ~ 6. He shall take care that the laws be faithfully executed. ~ 7. He shall have power to convene the Legislature on extraordinary occasions. He shall communicate by message, at such times as he may deem necessary and proper, to the existing Legislature, and at the close of his official term of service, to the next Legislature, the condition of the State, and recommend such matters to them as he shall deem expedient. ~ 8. He may direct the Legislature to meet at some other place than the seat of government, if that shall become dangerous from a common enemy or disease. 14 ~ 9. The Governor shall have the power to grant reprieves, com mutations and pardons, after conviction, for all offences except trea son and cases of impeachment, upon such conditions, and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law, relative to the manner of ap plying for pardons. Upon conviction for treason, he shall have pow er to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Leg islature shall either pardon, or commute the sentence, direct the ex ecution of the sentence, or grant a further reprieve. He shall cornmunicate to the Legislature at each session, each case of reprieve, commutation or pardon granted; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the reprieve, commutation or pardon. ~ 10. In case of the impeachment of the Governor, his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor for tae residue of the term, or until the disability shall cease. But when. the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of a military force thereof, he shall continue Commander-in-Chief of all the military force of the State. ~ 11. If, during a vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or be incapable of performing the duties of his office, or be absent from the State, the President of the Senate shall act as Governor until the vacancy be filled, or the disability shall cease. 12. The Lieutenant Governor shall, by virtue of his office, be President of the Senate. In committee of the whole he may debate all questions; and when there is an equal division, he shall give the casting vote. ~ 13. No member of Congress, nor any other person holding office under the United States, or this State, shall execute the office of Governor; nor shall the Governor or Lieutenant Governor be eligible to any office or appointment from the Legislature, or either branch 15 thereof,.for the time, for which they may have been elected; and all votes given for either of them for any such office shall be void. 14. Whenever the office of Governor or Lieutenant Governor becomes vacated, the person executing the duties of Governor for the time being shall give notice thereof; and the electors shall, on the Tuesday succeeding the first Monday of November next, choose a person to fill such vacancy. ~ 15. The Lieutenant Governor and President of the Senatepro tempore, when performing the duties of Governor, shall receive the same compensation as is allowed to the Governor. ?, 16. The great seal of the State shall continue to be kept by the Secretary of State; and all official acts of the Governor, his approval of the laws excepted, shall thereby be authenticated. ARTICLE -. Of State Offers. ~ 1. There shall be a Secretary of State, a Superintendent of Public Instruction, a State Treasurer, a Commnissioner of the Land Office, an Auditor General, elected at each biennial general election, who shall hold their respective offices for the term of two years, and each of whom shall keep an office at the seat of government, and shall perform such duties as may be prescribed by law. ~ 2. The termns of office of the incumbents to be elected under the iforegoing provisions, shall commence on the first Wednesday of January, 1853, and of every second year thereafter. ~ 3. Whenever a vacancy shall occur in any of the above mentiontioned State offices, the Governor (by and with the advice and consent of the Senate, if in session,) shall fill the same by appointment to continue until the office can be supplied by an election, at such time and in such manner as shall be provided for by law. ~ 4. The Secretary of State, State Treasurer and Commissioner of the State Land Office, shall constitute a Board of State Auditors, for the examination and adjustment of all claims against the State, not otherwise provided for by law, or specially referred by the Legislature to some other tribunal. And shall also constitute a Board of 16 State Canvassers, for determining the result of all elections for Governor, Lieutenant Governor, Judges and State officers, and of such other elections as shall by law be referred to said board. ~ 5. In all cases of two or more persons having an equal and the highest number of votes for any office, as canvassed by the Board of State Canvassers, the two houses of the Legislature, in joint convention, shall choose one of said persons to fill such office; and in all cases where the determination of the Board of State Canvassers shall be contested, the two houses, in joint convention, shall direct which person shall be deemed to have been duly elected. ARTICLE -'. Impeachments anod Removals from Office. ~ 1. The House of Representatives shall have the sole power of impeaching civil officers of the State, for corrupt conduct in office, or for crimes and misdemeanors; but a majority of all the members elected shall be necessary to direct an impeachment. ~ 2. All impeachments shall be tried by the Senate. When the Governor or Lieutenant Governor shall be tried, the Chief Justice of the Supreme Court shall preside. Before the trial of an impeachijient, the members of the court shall talke an oath or affirmation truly and impartially to try and determine the charge in question, according to the evidence; and no person shall be convicted without the concurrence of two-thirds of the members elect. Judgment, in case of impeachment, shall not extend further than removal from office; but the party convicted shall be liable to indictment and punishment according to law. ~ 3. The House of Representatives shall, when an impeachment is directed, elect from their own body three members, whose duty it shall be to prosecute impeachments. No impeachment shall be tried till the Legislature shall have adjourned sine die; when the Senate shall proceed to try such impeachment. ~ 4. No judicial officer shall exercise his office, after he shall have been impeached, until he shall be acquitted. ~ 5. The Governor may make a provisional appointment to fill the 17 vacancy occasioned by the suspension of an ofIcer until he shall hare been acquitted, or until after the election and qualification of a successor. ~ 6. For any reasonable cause, which shall not be sufficient .ground for the impeachment of the judges of any of the courts, the Governor shall remove any of them on a concurrent resolution of two-thirds of the members elected to each branch of the Legislature; but the cause or causes for which such removal may be required, shall be stated at length in the address. ~ 7. The Legislature shall provide by law for the removal of justitices of the peace and other county, township and school district officers, in such manner and for such causes as to them shall seem just and propel. ARTICLE -. Finance and Taxation. ~ 1. 1st. All specific taxes, save those received from the mining companies of the Upper Peninsula, shall be applied in paying the interest upon the primary school, university and other educational funds! the principal and interest of the State debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to the primary school, university and other educational funds. at which time said specific taxes shall be added to, and forever thereafter constitute a part of the proceeds of the primary school fund. The Legisla-ture shall provide for an annual tax, sufficient, with other resources of the State, to pay the estimated expenses of the State, and the interest of the State debt. The Legislature shall also, by taxes, supply any deficiency which may occur in the resources of the State. ~ 2. 1st. The Legislature, in addition to the above named taxes, shall provide by law for a sinking fund of at least twenty thousand dollars a year, to commence in eighteen hundred and fifty-two, with conmpound interest at six per cent per annum, and an annual increase of at least five per cent. 2d. Said sinking fund shall be applied solely to the payment and extinguishment of the principal of the State debt, other than the amounts due to the University and the primary school funds; 3A 18 and said tax shall be continued so long as shall be necessary to secure the extinguishment of the existing funded and fundable debt. 3d. Said fundable debt may only be funded or redeemed at a value not exceeding that established by law in eighteen hundred and fortyeight. ~ 3. The State may, to meet casual deficits or failures in revenues or expenses not provided for, contract debts; but such debts, direct and contingent, shall not in the aggregate, at any one time, exceed fifty thousand dollars; and the moneys arising from the loans creating such debts, shall be applied to the purposes for which they were obtained, or the payment of the debts so contracted, and for no other purpose whatever. ~ 4. The State may contract debts to repel invasion, suppress insurrection, and defend the State in time of war; but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever. ~ 5. No money shall be paid out of the treasury of this State, or any of its funds, or any of the funds under its management, except in pursuance of appropriations made by law. ~ 6. The credit of the State shall not in any manner be given or loaned to, or in aid of any individual, association or corporation. ~ 7. No scrip, certificate or other evidence of State indebtedness whatsoever, shall be issued, except for the redemption of stock previously issued, or for such debts as are expressly authorized in this article. ~ 8. The state shall never subscribe for, or become the owner of, or interested in the stock of any company, association or corporation. ~ 9. The State shall never be a party to, or interested in, any work of internal improvement, nor engaged in carrying out any such work, except in the expenditure of grants or donations of land or other property made to the State. ~ 10. The State may continue to collect all specific taxes now accruing to the treasury under existing laws. And the legislature may provide for the collection of specific taxes, from such banking, rail 19 road, plank road, and other corporations, hereafter formed or createds, as they may deem expedient. ~ 11. The Legislature shall provide a uniform rule of taxation, except upon property paying specific taxes; and taxes shall be levied upon such property as the Legislature shall prescribe. ~ 12. All assessments hereafter authorized shall be made upon property at its cash value. ~ 13. The Legislature shall provide by law for an equalization of assessments upon all taxable property, except that paying specific taxes, by a State Board, in eighteen hundred and fifty-one, and on every fifth year thereafter. ~ 14. Every law which imposes, continues or revives a tax, shall distinctly state the tax, and the object to which it is to be applied; and it shall not be sufficient to refer to any other law to fix such tax or object. ARTICLE -. Corporations. ~1. Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes. All laws passed pursuant to this section may be altered from time to time, or repealed. ~ 2. No banking law or law for banking purposes, or amendments thereof, shall have any force or effect until the same shall, after its passage, have been submitted to a vote of the electors of the State, at some general election, and been approved by a majority of the votes cast on that subject at such election. ~ 3. The officers and stockholders of every corporation or association for banking purposes, issuing bank notes or any kind of paper credits to circulate as money, shall be individually liable for all( its debts which were contracted during the time of their being officers and stockholders of such corporation or association, and for one year thereafter. ~ 4. The Legislature shall provide by law for the registry of all bills or notes issued or put in circulation as money, and shall require security to the full amount of notes or bills so registered, in State 20 stocks, which shall be deposited with the State Treasurer, bearing in.terest, or stocks of the UTnited Stated States, for the redemption of such bills or notes in specie. ~ 5. In case of thce insolvency of any bank or banking association, the holders of the notes or bills thereof issued or put in circulation as money, shall be entitled to preference in payment, over all other creditors of such bank or assoeation. ~ 6. The Legislature shall have no power to pass any law autho rizing or sanctioning in any manner, directly or indirectly, the suspension of specie payvLents by any person, association or corporation. ~ 7. The stockholders of all corporations and joint stock associations shall be individually responsible for all debts contracted for labor performed for such corporation or association. ~ 8. The Legislature shall pass no bill altering or amending any act of incorporation lerei;ofore granted, without the assent of twothirds of the members elect to each house; nor shall any act of incorporation, heretofore granted, be renewed or extended. The provisions of this section shall not apply to municipal corporations.. ~ 9. The State shall nlot become subscriber to the stock of any corporation or joint stock association. ~ 10. The property of no individual shall be taken by any corpo ration for public use, without compensation being first made or secured, in such manner as may be prescribed by law. ~ 11. No corporation hereafter to be created, except for the construction of rail roads and canals, shall ever endure for a longer term than thirty years, except those which are municipal. ~ 12. The term "corporations," as used in this article, shall be eon — strued to include all associations and joint stock companies having any of the powers or privileges of corporations, not possessed by inrdividuals or partnerships. And all corporations shall have the right. to sue, and shall be subject to be sued, in all courts, in like cases as natural persons. 4 21 ARTICLE -. County Officers and Couny /overnmrent ~ 1. Each county, duly organized by law, shall be X body corpo rate and politic, with such rights, duties, powers, privileges and im munities as shall be established by law. All suits and proceedings, by or against any county, shall be in the name thereof. ~ 2. No county, now organized by law, shall ever be reduced by the organization of new counties to ]e3s than sixteen townships, as surveyed by the United States, unless a majority of the qualified electors residing in each county to be affected by such organization shall so elect. But the Legislature shall have power to organize ary city into a separate county, when it shall have attained a popu lation of at least twventy thousand people, without reference to geographical extent, when a majority of the legal voters of a county in which such city may be situated shall recommend such new organization. ~ 3. In each organized county there shall be one sheriff; a county clerk, a county treasurer, a register of deeds, one county surveyor, a prosecuting attorney, chosen by thie quialified dcectors thereof, once in two years, and as often as vacancies shail happen, and whose duties and powers shall be prescribed by law. It shall be competent for the board of supervisors in the seaveal counti s to combine the offiCes of county clerk and register of deeds in one 0Tce, or discontiruc the same. ~ 3. The county clerk, county treasurer, judge of probate and register of deeds, shall hold their offices at the county seat ~ 5. The sheriff shiall hold no other office, and shall be inciapable of holding the office of sheriff longer than fo-{r an any term of six years. He may be required by lawv to renew his securit from time to timine, and in default of giving such security, his office shall be deemed vacant; but the count; sh.all never be made responsible for his acts. ~ 6. Aboard of supervisors, consisting of one to be chosen fromnt each organized township, shall be established in each county, with such powers and compensation as are prescribed in this constitution, and as shall be prescribed by law. ~ 7. All incorporated eites shall have such representation in the board of supervisors of the counties in which they are situatel, as tle Legislature may direct. ~ 8. No county seat, when once established, shall be removed, until the place to which it is proposed to be removed shall be designated by two-thirds of the board of supervisors of said county, and a majority of the qualified electors voting thereon shall have voted ia favor of the proposed location, in such manner as shall be prescribed by law. ~ 9. The board of supervisors of any county may borrow or raise by tax one thousand dollars, for constructing or repairing public buildings, highways or bridges; but no greater sum shall be borrowed or raised by tax for such purpose in any one year, unless authorized by the votes of a majority of the electors of said county voting on that subject ~ 10. The board of supervisors, or in the county of Wayne the board of county auditors, shall have the exclusive power to prescribe and fix the compensation for all services rendered for, and to adjust all claims against their respective counties, and the sum so fixed or defined shall be subject to no appeal. ~ 11. The boards of supervisors of all organized counties shall have the power to provide for the lying out of highways and the construction of bridges, and for the organizing of townships, under such restrictions and limitations as shall be prescribed by law; and the Legislature may hereafter confer upon the board of supervisors of the several counties of this State, such further powers of local legislation and administration as they may deem proper. ARTICLE - Mode of Amenin and Revisiny the Constitution. ~ 1. Any amendment or amendments to this constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by two-thirds of the members elected to the two houses, such proposed amendment or amendments shall be entered on their journals respectively, with the yeas and nays taken 2,? 23 thereon; and shall be submitted to the people at such time and in such manner as the Legislature may provide. And if the people shall ratify and approve such amendment or amendments by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall become part of this constitution. ~ 2. At the general election to be held in the year eighteen hundred and sixty-six, and in each sixteenth year thereafter, and also at such times as the Legislature may by law provide, the question of a general revision of the constitution shall be submitted to the electors qualified to vote for members of the Legislature; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a convention for such purpose, the legislature, at its next session, shall provide by law for the election of delegates to such convention. ARTICLE -. D)ivision of the Powers of Government. ~ 1. The powers of this government shall be divided into three distinct departments-the Legislative, Executive and Judicial. ~ 2. No person or persons belonging to any of these departments, nor either of the departments, shall exercise any of the powers properly belonging to either of the others, except in the cases ex:ressly provided for in this constitution. ARTICLE -. Mfilitia. ~ 1. The militia of this State shall be composed of all able bodied white male citizens between the ages of eighteen and forty-five years, except such as are, or may hereafter be exempt by laws of the United States or of this State. But all such inhabitants of this State, of any religious denomination whatever, as, from scruples of conscience, may be averse to bearing arms, shall be excused therefrom, upon such conditions as shall be prescribed by law. 24 ~ 2. The Legislature shall provide by law for organizing, equipping and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the laws of the United States. ~ 3. Officers of the militia shall be elected or appointed in suchi manner as the Legislature shall from time to time direct, and shall be commissioned in such manner as may be provided by law. ARTICLE -. Exemptions and the Rights of?fdarried Wolmen ~ 1. The personal property of every resident of this State, to consist of such articles as shall be designated by law, shall be exempted tothe amount of not less than five hundred dollars from sale on execution or other 4final process of any court of law or equity, issued for the collection of any debt contracted after the adoption of this constitution. ~ 2. The homested of every family, of not less than forty acres, which shall not be included in any city, village or recorded town plat; or in lieul thereof, any lot in any city, village, or recorded town plat, or such parts of lots as shall be equal thereto, not exceeding. il value fifteen hundred dollars, shall not be subject to forced sale for any debt hereafter incurred; nor shall the owner of such homestead, if a married man, alienate the same by any deed of conveyance, without the consent of his wife, obtained in due form of law. ~ 3. The homested of any family, after the dethli of the owner thereof, shall likewise be exempt from the payment ef his debts, co)ntracted after the adoption of this constitution, in all cases iwhere ny minor children shall survive the death of such owner. ~ 4. Whenever the owner of any homested shall decease, leaving a widow, but no children, the same shall also be exemnpt, and the rents and profits thereof shall accrue to her benefit during the tlmne she shall remain a widow; provided she be not the owner,)f a homested in her own right. ~ 5. The real anid personal estate of every female, acquired be; tore marriage, and all property to which she may afterwards become entitled, by any gift, grant, inheritenee or devise, shall be and remaniin the estate and property of such female, and shall not be liable for the debts, obligations or engagements of her husband; and she mnay devise the same as if she were unmarried. ARTICL. e. - Of C ii es' -illa ne ~ 1. It shaI be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their powers of taxation, assessment, borrowing money, contracting debts,/ and loaning their credit, so as to prevent abuses in assessments and in contracting debts by such.corporations. ~ 2. All judicial officers of cities and villages shall be elected at such time and in such manner as the Legislature may direct; all other omccrs of such cities and villages shall be elected by the electors thereof, or appointed by such authorities thereof as the Legislature shall designate for that purpose. ~ 3. Private property shall not be taken for improvements in cities and villages without the consent of the owner, unless the compensation therefor shall first be determined by a jury of freeholders and actually p 2id or tendered in t;h manner to be provided by law. ~ 4. Previous notice of any application for an alteration of the charter of any corporation, shall be given in' such manner as the L.gislAutr. shall by latw direct. Sea of Government. ~ 1. The seat of government of the State shall be in the township of - Lansiing in the county of Inghamn, where it is now located. ARTI,dLE -. Township Ofcer and Gover;ine'. ~ 1. There shall be elected by the people annually, ~n the first Monday of April, in each organized township, one supervisor, one township clerk, who shall be ex-offido school inspector, one township treasurer, one school inspector, not exceeding four constables, and one overseer of highways for each highway district in suCh,, township, in whom, together with the justices of the peace, not to exceed 4A 25 A~RTX,UCAMS. fou'r, shall be vested the township government, to be defined and lim. ited in such manner as the Legislature shall prescribe. ~ 2. Each township,'duly organized by law, shall be a body corporate and politic, with such rights, duties, powers, privileges and immunities, and such powers of local legislation, to be uniform through. out the State, as shall be prescribed by law. All suits and proceedings by or against any township, shall be in the name thereof. ARTICLE -. Education. ~ 1. The Superintendent of Public Instruction shall have the general supervision of'public instruction, and his duties shall be prescribed by law. ~ 2. The proceeds from the sale of all lands that have been or hereafter may be granted by the United States to this State, for the support of schools, shall be and remain a perpetual fund, the interest of which, together with the rents of all such lands as remain unsold, shall be inviolably appropriated to the support of primary schools throughout the State, and shall be annually distributed for such purpose, upon such fair and equitable basis as shall be provided by law. ~3. The Legislature shall, within five years from the adoption of this constitution, provide for and establish a system of common schools. Such schools shall be kept without charge for tuition, for at least three months in each year, in every school district in the State, and all instruction in said schools shall be conducted in the English language. ~ 4. Any school district neglecting to keep up and support a school for three months in each year, shall be deprived of its proportion of the income of the plimary school fund, and of all funds arising from tax forthe support of schools. ~ 5. There shall be elected in each judicial circuit, at the time of the election of the judge of said circuit, a regent of the University, whose term of office shall be the same as that of said judges; and the regents thus elected shall constitute the Board of Regents of the University of Michigan. ta ~6. The regents elected pursuant to the provisions of the foregoing section, and their successors in office, shall continue to constitute the body corporate, known by the name and style of "the Regents of the University of Michigan." ~ 7. The regents of the University shall, at their first annual meeting, or as soon thereafter as may be, elect a President of the University of Michigan, who shall be ex o.fcio a member of their.boad, and shall preside at the meetings of said regents, and who shall be the principal executive officer, with the privilege of speaking but not of voting, of the University. Said board of regents shall have the general supervision of the University, and the direction and control of all expenditures from the University interest fund. ~ 8. The proceeds from the sale of all lands that have been or may hereafter be granted by the United States to this State, for the support of a University, and all funds accruing from any other source, for the purpose aforesaid, shall be and remain a perpetual fund, the interest'of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated to the support of the University, with such branches as the public good may require, for the promotion of literature and the arts and sciences. ~ 9. There shall be elected at the first general election in this State, after the ratification of this constitution, three members of the State Board of Education, one for the term of two years, one'for the term of four years, and one for the term of six years; and at each succeeding biennial election, there shall be one member of said board elected, who shall hold his office for the term of six years. Tihe Superintendent of Public Instruction shall be ex officio a member and secretary of said board. Said board shall have the general supervision of the State Normal School, and their duties shall be prescribed by law. ~ 10. The proceeds from the sale of all lands that have been or shall be hereafter granted or appropriated for the use of the State Normal School, shall be and remain a perpetual fund, the interest of which, together with the rents and profits of such of said lands as shall remain unsold, shal be inviolably appropriated for the support of said Normal School, according to the terms of the grant or'ippro priation. 27 ~ 1t. Institutions for the benefit of those inhabitants who are dea,: dumb, blind or insane, shall always be fostered and supported, and the proceeds from the sale of all lands that have been or shall be here after granted or appropriated for the support of such institutions, shall be in'~iolably appropriated according to the terms and conditions of such grant or appropriation. ~ 12. The Legislature shall encourage, By all suitable means, the promotion of intellectual, scientific and agricultural improvement; and shall, as soon as practicable, provide for the establishment of an agricultural school. And it shall be competent for the legislature to appropriate the twenty-two sections of salt spring lands now unappropriated, or the money arising firom the sale of the same, where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and it shall be competent for the legislature to make the same a branch of the University for instruction in agriculture and the natural sciences connected therewith, and place the same under the supervision of the Regents of the University. And the proceeds of the sale of all such lands that have been, or that may be hereafter sold, shall be a perpetual fund, the interest of which, together with the rents and profits of such lands, shall be appropriated for the support of such school -Lintil otherwise appropriated by law.' The Legislature shall alsoprovide for the establishment of at least one library in each township; and all fines assessesed and collected in the several counties for any breach of the penal laws, shall be exclusively applied to the support of said libraries. ARTICLE -. Judicial Depeartment. ~ 1. The judicial power is vested in one supreme court, in circuit courts, in probate courts, and in justices of the peace. Municipal courts of civil and criminal jurisdiction may be established by the Legislature in cities. ~ 2. For the term of six years, and thereafter, until the Legislature shall otherwise provide, the judges of the several circuit courts shall be judges of the supreme court, four of whom shall constitute 28 29 a quorum, and a concurrence of three shall be necessary,to a final decision. The Legislature shall have power, if they should thirsk expedient and necessary, after six years, to provide by law for the organization of a separate supreme court, with the jurisdiction and powers prescribed in this constitution, to consist of one chief justice and three associate justices, to be elected by the qualified electors of the State. The separate court, when so organized, shall not be changed or discontinued by the Legislature for eight years after its organization. The judges thereof shall be so classified that but one of them shall go out of office at the same time, and their term of office shall be eight years. ~ 3. The supreme court shall have a general superintending control over all inferior courts, and shall have power to issue writs of error, habeas corpus, mandamus injunction, quo warranto, certiorari, and other original antdl remedial writs, and to hear and determine the same. In all other cases it shall have appellate Jurisdiction only. 4. Four terms of the supreme court shall be he held annually, at such times and places as may be designated by law. ~ 5. It shall be the duty of the supreme court, by general rules, to establish, modify and amend the practice in said court and in the circuit courts, and simplify the same so far as practicable; and tetimony ia cases in equity shall be taken in like manner as in cases at law), and the office of master in chancery is hereby prohibited. And tihe Legislature shall, as far as practicable, abolish all distinction between law and equity proceedings. ~ 6. The State shall be divided into eight judicial circuits; in each of which one circuit judge shall be elected by the qualified electors thereof, and who shall hold his office for the term of six years, and until his successor is elected and qualified. ~ 7. The Legislature may alter the limits of circuits or increase the number of the same. No alteration or increase shall have the effect to remove a judge from office. In every additional circuit established the judge shall be elected by the qualified electors-of said circuit, and his term of office shall continue as provided in this,onstitution for judges of the Circuit court. ~ 8. The circuit courts shall have original jurisdiction inall matters civil and criminal, not excepted in this constitution, and not pro 30 hibited by law; and, appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. They shall also have power to' issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari and other writs necessary to carry into effect theirs orders, judgments and decrees, and give them a general control over inferior courts and tribunals within their respective; jurisdic tions. ~ >9. Each of the judges of the circuit courts shall receive a salary payable quarterly. They shall receive no (fees or perquisites of office, or other compensation; and shall be ineligible to anytother than a judicial office during the term for which they are elected, and for one year thereafter. All votes for either of them, for any office other than the one held by them, given either by the Legislature or the people, shall be void. ~ 10. The supreme court may appoint a reporter of its decisions. The decisions made by the supreme court shall be in writing, and signed by the judges concurring therein; and any judge dissenting therefrom, shall give the reasons of such dissent in writing, under his signature; and all said opinions shall be filed in the office of the clerk of said supreme court. The judges of the circuit courts within their respective jurisdictions, may fill vacancies in the office of county clerk and of prosecuting attorney; but no judge of the supreme cort,l or of a circuit court, shall exercise any other power of appointment to public office. ~ 1I. A circuit court shall be held at least twice in each year in every -county organized for judicial purposes, and in counties containing ten thousand inhabitants, a circuit court shall be held four times a year. Judges of the circuit court may hold courts for each other, and shall do so when required by law. ~ 12. The clerk of each county organized for judicial purposes shall be the clerk of the circuit court of such county, and of the supreme court when held within the same. ~ 13. In each of the counties organized for judicial purposes, there shall be a court of probate. The judge of such court shall be elected by the qualified electors of the county in which he resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers and duties of such court shall be prescribed by law. ~ 14. When a vacancy occurs in the office of judge of the supreme court, circuit court or probate court, such vacancy shall be filled by appointment of the governor, which shall continue until a successor is elected and qualified; and when elected, such successor shall hold his office the residue of the unexpired term. ~ 15. The supreme court, the circuit and probate courts of each county, shall be courts of record, and shall each have a coimmon seal. ~ 16. The Legislature may provide by law for the election of one or more persons in each organized county, who may be vested with judicial powers, not exceeding those of a judge of the circuit court at chambers. In counties having a population of less than ten thousand inhabitants, by the last preceding enumeration provided for in this constitution, these powers may be devolved upon the judge of probate. ~ 17. There shall be not exceeding four justices of the peace in each organized township. They shall be elected by the qualified electors of the township, and shall hold their offices for four years, and until their successors are elected and qualified. They shall have civil jurisdiction to the amount of three hundred dollars, and concurrent jurisdiction to the amount of five hundred dollars, and such criminal jurisdiction and perform such duties as may be prescribed by law. At the first election in any township, they shall be classified by law in such manner that one justice shall be elected annually in each township thereafter. The Legislature may increase the number of justices in cities. ~ 18. Judges of the supreme court, circuit judges, and justices of the peace, shall be conservators of the peace within their respectives jurisdictions. ~ 19. The first election of judges of the circuit courts, shall be held on the first Monday in April, 1851; and for the election of judges of the probate courts on the Tuesday succeeding the 1st Monday of November 1852, and every sixth year thereafter an election shall be held for judges of the circuit court, and every fourth year thereafter for judges of probate. Whenever an additional circuit is created, such provision may be made as to hold the subsequent election of such additional judge at the regular elections herein provided. Ill 20. Whenever a judge shall remove beyond the limits of the circuit for which he was elected, and whenever a justice of the peace shall remove from the township in which he was elected, or who, by a change in the boundaries of said township, shall be placed without the same, shall be deemed to have vacated their respective offices. ~ 21. The Legislature shall have power to establish courts of conciliation, with powers and duties prescribed by law. ~ 22. The style of all process shall be: "In the name of the peopIle of the State of Michigan." All indictments shall conclude: against the peace of the people of the State of Michigan." ~ 23. Every person of the age of 21 years, of good moral character, shall have the right to practice in any court in this State. 32 33 ~ 1f. M embersOf the Legisature, and ail officers, executive aund judicial, except;such inferior officers as may by- law'be eexemp~d, shall, before they enter on the duties of their respective offil'cs, W and subscribe the following oath or affirm'ation: -"I do solemnly swe'ar (or afirm, as the case may be,) that I will support the - stitutio'of the Unite d States and the Constitution of this State, i that: I will faithfully discharge the duties of the office of according to the bst of my ability." And no other oath, declao.ration or test shall be required as a pualification for any o0 e:Or public:i:..rut.;..... ~ 2. When private property is taken for the use or benefit of e public, the necessity for using such property, and the just compensarion to be made therefor, (except when to be made by the State,) shal be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or,by ot less than three commissioners, ap pointed by a court of record, as shall be prescribed by law. . 3 No mechanical trade shall hereafter be taught to convict = the Stat prison of this State, except the manufacture of those ticles of which the chilefsapp, fr: e co,nsumptiouis imported other states or countries. 4~ 4,N0 navigable stream in this State, shall be either bridged or dammed without authority from the board of supervisors of tbe proper county, under theprovisions of existing laws. o such law shall prejudice the right of individuals to the free navigation of suoh streams, or preclude the State from the further improvement of th navigation of such stream. ~ 5. An accurate statement of the receipts and expenditures of the public moneys shall be attached to, and published with the laws, at every regular session of the Legislature. ~ 6. The Legislature shall provide for the speedy publication of all statute laws of a public nature, and of seh.judicial decisions as it may deem expedient. All laws and judieial decisins,shall be e for publication by any person., ~ 7. The Legislature shal prescribe by law the nner in whieh 5 ILEUMICL -..';'. 34 the State printing shall be executed, and the accounts rendered therefor; and shall prohibit all charges for constructive labor. ~ 8. The laws, public records, and the judicial and legislative written proceedings of the State shall be conducted, promulgated and preserved in the English language. ~ 9. The Legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is ma,de for that purpose in this Constitution. ~ 10. All commissions, issued to persons holding office under the provisions of this Constitution, shall be in the name and by the authority of the people of the State of Michigan, sealed with the great seal of the State, signed by the Governor and countersigned by the Secretary of State.... ARTICLE - Of Upper Peninsula of Michian. ~ 1. That all that portion of the public domain within the territorial limits of the State of Michigan, including the islands of Lakes Superior, Huron and Michigan, and in Green Bay, the Straits of Mackinac and the River Ste Marie, known as the counties of Mackinac, Chippewa, Delta, Marquette, Schoolcraft, Houghton and Ontonagon, and the islands thereunto attached, shall constitute a separate judicial district, and be entitled to a district judge, to be elected by the qualified electors of said district, who shall perform the same duties and possess the same powers of circuit judges of the State in their respective circuits, and hold his office for the same period; and to one district attorney, who shall have power to issue his warrant for the arrest of offenders in cases of felony, returnable according to the provisions of law, and who shall be elected for the term of two years. ~ 2. The territory described in the preceding section shall be entitled at all times to at least one Senator in the Senate of the State. ~ 3. The territory embraced in the first section of this article shall be entitled to three Representatives. ~ 4. The Legislature may, provide for the payment of said district judge, not exceeding one thousand dollars per annum; and for said district attorney, not exceeding seven hundred dollars per annum. 35 In cases of delay and detention it shall be competent for is Legg islature to make extra compensation to the members of the Lislature from the above described territory; not exceeding two dollars per day during the session of the Legislature... ~ 5. The elections for all district or county officers, State Senator or Representatives, within the boundaries defined in this article, shall take place on the last Tuesday of September in the respective years in which they may be required. The county canvass shall be had on the first Tuesday in October thereafter, and the district canvass on the last Tuesday of said October. ~ 6. One-half of all moneys received into the treasury from cQrporations in the Upper Peninsula paying a State tax of one per cent. per annum, shall be paid to the treasurers of the counties from which it is reccived, to be applied for township and county purposes, as provided by law; and the Legislature shall have power after the year 1855 to reduce the per centum to be refunded. ~ 7. The Legislature may change the location of the State Prison from Jackson to the Upper Peninsula of Michigan. ~ 8. The charters of the several mining companies may be modified by the Legislature, in regard to the term limited for subscribing to stock, and in relation to the quantity of land which a company shall hold, but the capital shall not be increased nor the time for the existence of charters extended; but no such corporation shall be permitted to purchase any real estate except such as shall be necessary for the exercise of the corporate franchises of such company. ARTICLE - Salaries. ~ 1. The Governor shall receive an annual salary of one thousand dollars; the Judges of the Circuit Courts shall each receive an annual salary of fifteen hundred dollars; the State Treasurer shall receive an annual salary of one thousand dollars; the Auditor General shall receive an annual salary of one thousand dollars; the Superintendent of Public Instruction shall receive an annual salary of one thousand dollars; the Secretary of State shall receive an annual salary of eight hundred dollars; the Commissioner of the Land 36 Off).sichaireceive,a annual Salary of eight humdred dolles;d the Attvnay~ Ge:neralhall~ rceivd an. anual salary of eight hundred dollars and:.,e or perquisites rwhatever for the performance of any duties connected with their'offices; and it shall not be compe teeth er the legislatirt to increase the salaries therein provided. That no inconvenience may arise from' the changes in the constitution of this State, and in order to carry the same into complete operation, it is hereby declared, that ~ 1.'The common law and tlhe statute laws now in force, not reptgnant to this -onstitution, shall remain in force until they expire by their own limitations, or are alteredi or repealed by the Legislature. ~ 2. All writs, actions, causes of action, prosecutions and rights of individualsand of bodie's corporate, and of the State, and all charters of incorporation, shall continue; and all indictments which shall have been found, or which may hereafter be found, for any crime or offene committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts, except as herein otherwise provided, shall continue with the like p'owers and jurisdiction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this constitution. ~ 3. That all fines, penalties, forfeitures and escheats accruing to the State of Michigan under the present constitution and laws, shall accrue to the use of the State under this constitution. ~ 4. That all recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the State of Michigan, to any State, county or township, or any public officer or public body, or which may be entered into or executed, under existing laws, "to the people of the State of Michigan," to any such officer or public body, before the complete organization of the departments of government under this constitution, shall remain binding and valid; and rights and liabilities upon the same shall continue, and may be prosecuted as provided AP.TrcLr, . Schedtde. by law. And all" crindes and-mi,m>eanr d at bal be triedd,unisd.d proed, as though no:,~cbge,, hl taken place, until otherwise provided by law. ~ 5. A Governor and Lieutenant: Gover.rshall be cise:u.mder the existing constitution and laws, to serve after the expiration of the term of the preset incumbent. ~ 6. All officers, civil and military, now holding any office:or.p pointmeat, shall continue to hold their respective,.offices, unless re moved by competent authority, until superseded; uder the laws now in force, or under this constitution... ii ~ 7. The members of the Senate and House of Representatives of the Legislature of one thousand eight hundred and fifty-one, shall continue in office under the provisions of law, until supersedec} by their successors elected and qualified under this constitution. ~ 8. All county officers, unless removediby' cmpetent autdrity, shall: continue to hold their respective offices until the first day of January, in the year one thousad eight mre and fifty-,three. The laws now in foree as to the election, qualification s'an4:dn e-of township officers, shall continue in force until the Legislature shall, in conformity to the provisions of this constitution, provide, Dor he holding of elections. - afilt.ff,/nd -rib, dates of such officers respectively. 9. On the first day of January, in the. year one, thousand eight hundred and fifty-two, the terms of office of the*ejudges of the supreme court, under existing-iaws, ande of the. judges,of. a: 0qouty courts, and of the clerks of the supreme court, sll expire on0 the said day. ~ 10o. On the first day of January, in the year one thousand eight hundred and fifty-two, the jurisdiction, of all, sits and proceed'mgs then pending in the present supreme courts, shall become vested in the supreme court established by this constitution, and shalltbe finally adjudicated by the court where the same, may be pending. Thejurisdiction of all suits and proceedings at law and equity, then- pendi'g in. the circuit courts and county courts for the several counties,'l! become vested in the eircuit courts of the saidi counties, and district court for the Upper Peninsula. ~ 11. The probate courts, the courts of justices of foi peace and 37 38 the police court authorized by an act entitled "An act to establish a police court in the city of Detroit," approved April second, one thousand eight hundred and fifty, shall continue to exercise the jurisdiction and powers now conferred upon them respectively, until otherwise provided by law. ~ 12. The office of State Printer shall be vested in the present incumbent until the expiration of the term for which he was elected under the law then in force; and all the provisions of the said law relating to his duties, rights, privileges and compensation, shall remain unimpaired and inviolate until the expiration of his said term of office. ~ 13. It shall be the duty of the Legislature, at their first session, to adapt the present laws to the provisions of this constitution, as far as may be. ~ 14. The Attorney General of the State is required to prepare and report to the Legislature, at the commencement of the next ses siou, such changes and modifications in existing laws as may be deemed necessary to adapt the same to this constitution, and as may be best calculated to carry intoeffect its provisions; and he shall re ceive no additional compensation therefor. ~ 15. Any territory attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections for the purpose of representation ~ 16. This constitution shall be submitted to the people for their adoption or rejection, at the general election to be held on the first Tuesday of November, one thousand eight hundred and fifty, and there shall also be submitted for adoption or rejection, at the same time the separate resolution in relation to the elective franchise; and it shall be the duty of the Secretary of State, and all other offi cers required to give or publish any notice in regard to the said gen eral election, to give notice, as provided by law in case of an elec tion of Governor, that this constitution has been duly submitted to the electors at said election. Every newspaper within this State publishing in the month of September next, this constitution as sub mitted, shall receive, as compensation therefor, the sum of twenty five dollars, to be paid as the Legislature shall direct. ~ 17. Any person entitled to vote for members of the Legislature, 39 by the constitution and laws now in force, shall, at the said election, be entitled to vole for the adoption or rejection of this constitution, and for or against the resolution separately submitted, at the places and in the manner provided by law for the election of members of the Legislature. ~ 18. At the said general election, a ballot box shall be kept by the several boards of inspectors thereof, for receiving the votes cast for or against the adoption of this Constitution; and on the ballots shall be written or printed, or partly written and partly printed, the words "Adoption of the constitution-yes." or "Adoption of the constitution-no." ~ 19. The canvass of the votes cast for the adoption or rejection of this Constitution and the provision in relation to the elective franchise separately submitted, and the returns thereof shall be made by the proper canvassing officers, in the same manner as now provided by law for the canvass and return of the votes cast at an election for Governor, as near as may be, and the return thereof shall be direct. ed to the Secretary of State. On the sixteenth day of December next, or within five days thereafter, the Auditor General, State Treasurer and Secretary of State shall meet at the capitol and proceed in presence of the Governor, to examine and canvass the returns of the said votes, and proclamation shall forthwith be made by the Governor of the result thereof If it shall appear that a majority of the votes cast upon the question have thereon " Adoption of the Constitution-yes," this constitution shall be the supreme law of the State from and after the first day of January, one thousand eight hundred and fifty-one, except as is herein otherwise provided; but if a majority of the votes cast upon the question have thereon "Adoption of the Constitution-no," the same shall be null and void. And in case of the adoption of this constitution, said officers shall immediately, or as soon thereafter as practicable, proceed to open the statements of votes returned from the several counties for judges of the supreme court and State officers under the act entitled " An act to amend the revised statutes and to provide for the electiqn of certain officers by the people in pursuance to an amendment of the Constitution, approved February sixteenth, one thousand eight hundred and fifty," and shall ascertain, deLermine and certify the results 40 od *e. t ioRi fr said officers under sad aes, i-n the samemanner, as. i aas: may be, as is now provided by law in regard to. the eletion - gep ratives inQongre-ss, And the several judges' and' ofcers so ase.fined to.!.ve been elected may be qualified and enter upon the duties of their respective offices, on the first Monday of January ext, or as soon thereafter as praticable, 20. The salaries or compensation of all persons holding officeu r the present constitution shall continue to be the same as now provided by law, util superseded by their successors elected or appoind under this constitution; and it shall not be lawful hereafter for the Legislature to increase or diminish the compensation of any fficer during the term for which he is elected or appointed. ~21. The Legislature, at their first session, shall provide for the paTyment of all expenditures of the convention to revise the constitlution and of the publication of the same as is provided in this article. ~ 22. Every county except Mackinaw and Chippewa, entitled to a represernttive in the. Legislature, at the time of the adoption of this ,cntitution, shall continue to be so, entitled under this constitution; andthe county of Saginaw, with the territory that may be attached, shall be entitled to one representative;. the county of Tuscola, and the territory that may be attached, one representative; the county of Sa,gilap, and the territory that, may be attached, one representative; the. counties of Midland and Aronac, with the territory that may be atched, one representative; the county of Montcalm, with the territory that may be attached thereto, one representative; and the cunties of Newaygo and Oceana, with the territory that may be attached'thereto, one representative. Each county having a ratio of representation and a fraction over, equal to a moiety of said. ratio, shall be entitled to two representatives, and, so on above that number, giving one additional member for each additional ratio. ~ 23. The cases pending and undisposed of in the late court of chlancery at the time of the adoption of this constitution, shall continue to be heard and determined by the judges of the supreme court. But the Legislature shall, at its session in one thousand eight hundred and fifty-one, provide by law, for the transfer of said causes that may remain undisposed of on the first day of January, one thousand eight hundred and fifty-two, to the supreme or circuit court es — 41 tablished by this constitution, or require that the same may, be heard and determined by the circuit judges. ~ 24. The term of office of the Governor and Lieutenant Governor shall commence on the first day of January next after their election. ~ 25. The territory described in the article entitled "Upper Pe-. ninsula." shall be attached to and constitute a part of the third circuit for the election of a Regent of the University. ~ 26. The Legislature shall have authority after the expiration of, the term of office of the district judge first elected for the "Upper Peninsula," to abolish said office of district judge and district attorney, or either of them. ~ 27. The Legislature shall, at its session of one thousand eight hundred and fifty-one, apportion the Representatives among the seveoral counties and districts, and divide the State into Senate districts, pursuant to the provisions of this constitution. ~ 28. The terms of office of all State and county officers, of the circuit judges, members of the board of education, and members of the Legislature, shall begin on the first day of January next succeedi'n their election. RESOLUTION. ~ 29. At the next general election, and at the same time when the votes of the electors shall be taken for the adoption or rejection of this constitution, an additional amendment to section one of Article seven, in the words following: " Every colored male inhabitant possessing the qualifications required by the first section of the second article of the Constitution, shall have the rights and privileges of an elector," Shall be separately submitted to the electors of this State fortheir adoption or rejection, in form following, to wit: A separate ballot may be given byeey every person having the right to vote for the revised (Constitution, to be deposited in a separate box. Upon the ballots given for the adoption of the said separate amendment shall be written or printed, or partly written and partly printed, the words "Equal suffrage to colored persons? Yes;" and upon all ballots given against the adoption of the said separate amendment, in like manner, the words "Equal suffrage to colored persons? No." And on such 6 ballots shall be written or printed, or partly written and partly Srints ed, the words "Constitution: Suffrage," in such manner that such words shall appear on the outer side of such ballot when folded. If, at said election, a majority of all the votes given feor and against tli e said separate amendment shall contain the words, "Equal sffrag e to colored persons? Yes," then there shall be inserted in te frst section of the article, between the words "tribe and shall," these -words, " and every colored male inhabitant," anything in?ke Constitution to the contrary notwiths.ta-ding. 4t STATE OF MICHIGAN. [Doe. No. 7.] In Convention to Revise the Constitution, 1850. Mr. ROBERTS made the following REPORT: [To accompany Article-, Of Upper Peninsula.] The Committee on the Governmental and Judicial Policy of the Upper Peninsula of the State of Michigan, respectfully report: That the progress and settlement which have marked, within a few years, that portion of the State of Michigan denominated the Upper Peninsula, has at length began to attract a deep and lively attention to its interests. Embracing more than 20,000 square miles, it includes within its boundaries all that part of the public domain lying within the territorial limits of the sovreignty of Michigan, designated as the counties of Mackinac, Chippewa, Delta, Marquette, Schoolcraft, Houghton and Ontonagon, together with the islands of Lake Superior, Huron and Michigan, and in Green Bay, the Straits of Mackinac and the river Ste Marie within the jurisdiction of the United States. Isolated in geographical position almost from the rest of the world, the God of nature has bestowed upon its face the' most bountiful gifts of his handiwork and imbeded in its bosom the richest treasures of his hand. No region of country within the broad limits of our national domain, affords a subject of more interesting contemplation. With fisheries, acknowledged by the most scientific and literary men in the country, to exceed in richness and their boundless resource even those of New- Foundland-with Cop 1 2' per Mines, the wealth of which astounds ti.he vworld, and with iron mountains yielding a richer ore than has hitherto' come to the knowledge of mankind, she would seem to require nothing but the fostering care of the General Government and of our own State to slccessfuilv develope greater wealth than any other section of our coun-itry, and in so doing become tributary to the greatness of both. But the isolated l)ofiti1,n of the UpC)er I'eiiinsula demands se-p arate con'sidert~tions fros) those which (otnitrol atid direct the interests of the Lower Peninsiil;, and their judiciary, their elections, their tax:tion, indeed their entire p-)olicy, shotuld be arranged under a sep arate article to be incorporated in tlie constitution; and with this view, after giving someof tl-ie reasons which influence your coin.mittee, they will introduce such provisions as seem to them to be de. manded by locality and reference to the disabilities under which her people are laboring. Mackinac and her Straits, with the islanids in Lake Huron and the river Ste Marie, have long been celebrated for their furs, plaster, and inexhaustable supplies of Lake Trout and White Fish. Chippewa, with her like advantages,.extends into Lake Superior, forms the great portage for transhipmnent to the mining cotuntry,and through out that immense range of Lake acnd River to the newly organized Territory of Minnesota. Delta constitutes the great lumbering country, on the Green Bay division, with Michigan and Wisconsin. And these counties are all so separated fromrn the Lake Superior counties, and by their own magnitude and extent they severally require representation of their'own. Schooleraft is situated one hundred and fifty miles above the Saut Ste Marie, and with her har bors and bays and general resorts for fishing purposes, equals if she does not excel in richness in this branch of business. West of Schooleraft,and bordering uponher,lies the immense iron country of Marquette, now becoming as densely populated with her miners, as Delta with her lumbermen; but such is the position of the two coun ties that it is presumed justice may be rendered by associating them together as a Representative District. HIoughton county, one hun dred and twenty-five mniles from either the principlal towns of Mar quette or Schooleraft, farther up the Lake, and only to be approached by water communication for business purposes, is made up of the 3' Keewenaw Bay and Point, L'Ance, Portage Lake,' Bete de Greise, Isle Royal, &c., and is one of the two great copper Mining counties. Ontonagon, the capital of which is seventy-five miles still farther up Lake Superior from Houghton, is the other celebrated copper dis trict; and by reference to maps and to facts being daily realized, it would seem impossible for one representative to be enabled to do justice to the interests of both of these counties. It shouldbe borne in mind by the Convention that, from the or ganization of the State, Mackinac and Chippewa have alone been entitled to Representatives in the Legislature-that Mackinac, the islands in the Straits, and an immense contiguous country, of which Delta has formed a part, have been obliged to be represented by one person, and that elections could not be held in Delta and on the islands, or if they were, that their returns could never be made in seasons, owing to distances and inclement seasons. So with Chippewa, which has had attached to her for judicial and representative purposes, Schoolcraft, ilarquette, Hioughton and Ontonagon, few of-the townships. of which could even have succeeded in sending their returns in time to the county seat of Houghton, any more than the latter could render hers in time at the county seat of Chippewa. And whilst referring to this subject of distances and the difficilties of legislation for t'tiat section of country, your Comnmittee will make an extract from the report of the Auditor General for 1849. That Report says "No returns of election, either for electors or Representative in Congress, have been received by messenger or mail from Houghton county, or any other county in the Upper Peninsula beyond Chippewa; and in regai'd to the time o f holding elections and making re'turns thereof, as well as in regard to the time of assessing and collecting taxes, the inhabitants of' that portion of the state would seem to require separate and different legislative and constitutional provisions from that of the rest of the state. It would also seem doubtful whethera legislature composed almost entirely of representatives from the counties in the Lower Peninsula, having of course very inadequate means of judging of the wants and interests of that remote region,and sitting in the winter 4ime,when the mail and travel ha's to pass through portions of three other states to get to or from the cap 4 itol of the state, can ever properly legislate for that country; and perhaps still more doubtful, whether our tax and other laws can ever be properly enforced or observed there. Whether the interests of that country would be best subserved by the organization of a separate territory there by Congress, or by attaching the largest portion or all of the Upper Peninsula to Wisconsin, it is not the province of this department to judge. It has only become my duty to state to the legislature the want of election and tax returus from that portion of the state; the first, because it was found physically impossible to get them here within the time required by law, and the latter, for some cause here unknown." The cause of the latter appears to be explained in a history of the mining companies, which next occupies our attention. Wrongs and injuries to the mining country, owing to imperfect legislation, appear to call for a more than ordiaary share of attention. In 1844,it seems the Secretary of War granted to individuals permits to locate tracts of land in the mineral region on the Southern shore of Lake Superior, of three miles square, for a period of three years, subject to renewals; the lessees or permittees to pay to the Government six per cent on all mineral raised during the first term, and ten per centum after removal of leases. The demand for permits becoming numerous, it was thought proper in a short time to stop the issue for three miles square and substitute one mile square. Under this arrangement more permits were granted than there were lands to be covered, and contentions arising, Congress interfered and passed the Act of March 1, 1847, entitled "An act to establish a land office in the "northern part of Michigan, and to provide for the sale of mineral "lands in the State of Michigan." By this Act the charge of these lands was transferred to the Treasury Department, a geological survey ordered, and full directions given to bring the mineral lands into market, the lessees or per. mittees to be protected by giving them the privilege to purchase at $2,50 per acre if they should take the whole they had located, or $5 the acre for not less than a quarter section; and $5 to be paid by all entering after the lands had been duly placed in market. Accor"dingly, in 1848, a portion of these lands were placed in market by 6 the customary proclamation, but under the adverse circumstances of a doubtful survey, and at a time when those who were in occupancy questioned the propriety of taking them up at those prices, even if they possessed the means to do so, the Government having failed to. fulfill the promise of its agents in building a ship canal around Saut Ste Marie, and in every other respect. Some threeor four did, however, accede to the terms, whilst others whose leases had not yet expired held over, and many abandoned their locations. These latter were succeeded in many instances by more wealthy capitalists; and new explorations, developing richer veins of mineral, many substantial companies were established, additional capital called in to the aid of the old ones, and the labor of mining was renewed with a vigor which has continued without abatement until the present time; although they have had to, and are still contending agains't the most discouraging and oppressive embarrassments, arising from the neglect of the general government, and partially from a want of proper legislation and action on the part of our State Government. At the session of our Legislature, 1848, twenty-one charters were granted to these companies, viz: to the Copper Falls, North Western, Pittsburgh and Boston, Lake Superior Fishing and Mining, Lac la Belle, Bohemian, Albion, Douglass Hioughton, Eagle Harbor, Medora, Ontonagon, North American, Quincy, New York and Michigan, New England, Algonquin, Michigan, National, Lake Superior, Jackson, Mackinac, and Lake Superior Mining Companies. These charters were considered liberal, except in respect to the payment of one per centum into the State Treasury on the entire amount of their real estate, the capital stock paid in, and upon all sums of money borrowed by them, as well as any portion of the nett profits invested in the business of the company, which tax was "to be in lieu of all "other taxes upon the personal property of the companies, and in lieu 'cof ll other state taxes on their real estate." The charters were liberal inasmuch as they did not restrict them in the quantity of land they might hold, and thus enforce them by limiting their localities to pay the United States the double rate, and because they did not compel them to pay in a grater amount perhaps, than their works would require, by a given period. Illiberal, in putting. them upon a par 7' 6 with banks and railroads, in their exactions, for that because it was desirable to possess chartered privileges, to invite capital from abroad in aid of digging copper and iron out of the mineral bearing rocks of Lake Superior, when compelled to pay ten per centum of whatever they raised to the United States, or double or quadruple per acre for their bleak and apparently barren possessions, more than their fellow citizens of the Lower Peninsula for the fertile soil from which they dig their potatoes and gather their rich harvests; and for that it would deprive them of healthy county and township governments in as much as they left little or nothing to enforce a'tax upon for suchl purposes, and in so doing visited an act of injustice UIpon the few for the benefit of the many. But, these charters of 1848 possessed the virtue of uniformity. No one company could complain of being deprived of advantages that its neighbor possessed. At the session of the Legislature, 1849, nine more of these companies were chartered, viz: the Ohio Trap Rock, Minnesota, North West, Siskowiet, Isle Royal, Native Copper, Phoenix, Union, and Pittsburgh and- Isle Royal Mining Companies. Six of these are, in all things material, in uniformity with those chartered in 1848; but in the charter of the Ohio Trap Rock, when we come to the regulation of the one per centum to be paid into the State Treasury, we find it to read'"which tax shall be in lieu of ALL taxes on the PERSONAL and REAL estate ofsaid company." Next, on examining the charter of the Minnesota, we read, " and said tax shall be in lieu of all other STATE taxes on the PERSONAL property of said company, and in lieu of all other STATE taxes on the REAL estate of said company." The first of these two companies was approved on the 5th March, and the latter on the 7th March. Your committee would here have thought it but reasonable to infer that the discrepancy was caused by clerical error, but from the fact that on reaching the remaining company unaccounted for, the Native Copper Company, approved March 31, they find' it to read, "which Yax shall be in lieu of the STATE tax upon the. PrElsONAL and REAL estate of said company." Thus it. would seem that the Ohio Trap Rock is to be relieved from, all other taxes' Whate,er, whilst the Minnesota and the Native Copper, although paying the shame per, centage, are only to be relieved from- further State taxes. Your Committee now come to the consideration of the charters granted at the session of our Legislature, 1850. This year there were eighteen companies chartered-the Forest,.Piscataqua, Swamscot, Copper Harbor, Clevelanrd Iron, Eureka, Detroit and Lake Su, perior, Hungarian, Adventure, Iron Cily, Carp River Iron, Merchants, Chesapeake, Cape, Aztec, Ripley, Ridge, and Peninsular Mining Companies, The three first are measurably on the plan of the twenty-one of 1848, and the six of the nine of 1849, except that in lieu of the one per centum to be paid into the State Treasury, one halfper centumis substituted, saying, "said tax to be in lieu of all "other State tax vpon the real estate and personal property of said "company: Provided, That nothing contained in this section shall be "so construed as to release real estate and personal property from "taxation for County and Township purposes." In the remaining fifteen are-several important changes. The section regulating the corporate succession, the capital stock, and allowing the companies to hold such real and personal estate as their business may require, to an amount not exceeding the capital stock, has added to it, " but said company shall not hold more than six hundred andforty acres "of land in legal subdivisions in the UpperPeninsula, except a ware"house, lot and office, and such as may be tiecessaryfor smelting pur"poses." The amount fixed upon to be paid into the State Treasury is one per centum, and " said tax shall be in lieu of all State taxes upcn the real and personal estate of said company." From "An act authorizing the State Treasurer to refund certain moneys to the treasurers of the counties of Ho-lghton, Schooleraft, Marquette and Ontlonagon," approved April 2, 1850, the same time of the approval of the mrining bills, in which it is enacted "that the State Treasurer be, and he is hereby authorized to refund. and pay over unto the treasurer of the county of Houghton, one-half of all moneys collected in the counties of Houghton, Schooleraft, Mar. quette and Ontonagon, in pursuance and by virtue of any act of incorporation creating'any mining company in any and each of said counties," it may be inferred that the Legislature, in the passage of the first three named acts of 1850, intended to equalize the taxation by dividing between the state and the counties equally, the per cent 8 age heretofore and hereafter to be received from companies exempt from tiaxation on their personal p)roperty; and that by some misunderstanding between the two Houses, or changed policy, the fifteen acts appear in the shape they do, when, from facts before your com. mittee, the original intention of both was, to exact in the new charters but one-half per centam for the state,leaving them open to county and township taxes; and thus refunding the one-half paid in by the companies at otne per tent, placing the companies upon an equality. The state of aftairs in relation to ihe charters of these mining companies,as they now present themselves to your committee, is far from na just and equitable dispensation of legislative power; and calls for a summary and permanent remedy of the evils which have been entailed upon a most valuable class of our fellow citizens, and upon a section of our state which demands, if not our fostering care, at least the prompt and effectual justice which is within our power to mDete out to'the injured. It appears in the session laws of 1848, that by the provisions of "An, act to organize four counties in the Upper Peninsula and define the boundaries of the same," the counties of Marquette, Houghton, Schoolcraft and Ontonagon, were united and set off into a judicial district, the powers in which were to be held and exereised by a district judge with the jurisdiction of a circuit court in the several organized counties in this State, as well in criminal proceedings as in civil cases and in equity. By the records in the office of the secretary of state, an election took place under this act, on the first Tuesday of July, 1848, at which a district judge and other officers were chosen, and the organization of this judicial district perfected. A prosecuting attorney and notaries public were appointed by the Governor. Courts have been held as designated by the act; grand juriessummoned,petitjuries impannelled, and several convictions had in criminal cases. Yet the facts are before your committee that no provision. has been made to pay this district judge, the prosecuting attorney, sheriff, clerk and other officers of the court, nor the grand and petit jurors-that the district is as yet destitute of a court house, and furnished only with a temporary jail. That although each township has its supervisors, assessors, and other township officers, and the board of supervisors hold their meetings, the difficulties which pre sent themselves in the history of the mining charters, are an almost insurmountable obstacle to tihe evyirtg of an equitable ta*. 8o'ith to,n.shil) atld county expbenses must be made t)u by Cotlth i 6 hmotig t individuals, or be aceumulatiitg a a debt. lThe [titinJg coml)anie, constitute the. great bulk of th- inh*itdhtli and are the o oner of the lI'ol)erty *hich should have been tatalol for county, towrtship at,d hIighway )urtposesc. Butc.orantativitly fwof themn hae as yet the title to their location from the gtenefl g9verrti tel,tit, aitd of cour.e have no real e.tateto t,e ta~td. They pay theit one I er (.entum on their cap)ital into the State treasury, and their p#r sonal l)r(l)peity is excu.ed fiotrt fiirther taxation bvytheir chat~rs. The niajotity ofthe tockh(l,ders who ma live in the Easterin Sttild. far removed from the scetie of taction, stib-eribe for their stotk or in4 vest their nmotiey ifh the understanding that the amtouht of theirt tax is fixed and unalterable. Each mrining company is a community -a *ill,ge-sei)aiate and it(lependetLtof its tneighbnr'. The fW farmers, and the nichaiics, mer-l,ats, h1(tel keeler atnd othbri who live:Lt the tantdinig., and are separated from these companies, are but few in nuimbers. It would be manifestly ut jiust to make the-e pay for all the crimae and [)oveity alid ntisfortutie itisepratble frofn gre-t cornminuijities, or to ex)ect them to build the toads and britdge necessary f tacr commodation of the mas e.. Iitstance,'there are pro')ably at the B.,,t)ti and Pitt,btrgh mines, at teast four hutn dred sotl.-; atid at the North Americanti, more than two hundred, The.e compan)ies, with the'Al,ion, worked and inhabited by Iess numbers, ate -all within the towns.hip (,f flHoughton, of *thicih the mouth of the Eagle riser is the la,dinig, or the ioint at which they ship their copper and receive their sl)t,!ees. Should the entire e' petise for towniship purposes fall upon the taxab'.e itihabitants gtte landing~ I)lace? Certailily not. Upon the companliest. Thiey pay their one per centum and cut their own road.-. It is enough'. The Ilitt.l)urgh and 13o,ton company alone, as apl-eart by th. books ol the State Treasurer, pays in annieally upwards of $1,'250. If taxed, as their chatter pernits, for county and township purposes, on their real estate, it would be but up)on a mere trifle o t the $12.5,000 oa which they are paying this one per cetitum. Upon the same pti. 2 10 cipie, it may be asked whether the inhabitants of the few landing places, a few farmers, atid the agricultural towtnsliip of L'Ane, shoullt pay the taxes of the ninilig townships of C pper [flarbor, Eagle Ht i bor, [toughton, Portage, Alg liquili atd ls'e Ro al, corn. - posinlg the counity of [louglitont; o, that the townshil) of Otltorngon, which contains no mi!e-, houtld pay the exI eases of the towtnships of Minesotli and l'e-wa-be, in the c)iinty of Oiit)nagon, vwhere there are mot-oe that a dozeti copnpatiies iii active operation, an~d probably not an inhahitant discotiiec'ed with! then! 'lThe pwincikles which ha%e authtirized and sanctiot,ed numerolius gratits to the States, tf)r ttlril)ikes, catial.s and tail toads, thiolt gh, or leadilig to, the lub)lic doraiali, de.igne(l to l)roinote lhe sales of' goverinmeeit latd., to fi,cilitate the;et,lement of a now coti,try, to develoie new resources of ltiublic wealth, at.d to o~ en new fie'd.-s Ior en terplrising labor," iie'er al11 ear to liare t;een a1 ll ed( to this section of our cotlntry. The velteril (.ovt:r,inenit, lhotigh irepeatedly appealed t.appropiriations to build a,hip) caial. aroundfl the Falls of the Satit Ste Mlarie, anid for HIrht)rs and other ptiblic woi ks on Lake Superior, appears to ha%e paid litt'e atteintion to their wants arnd requitement-r mroe than to ol t-in e.xhor,itai,t prices for their mitieral land.. At,d although the Uliited.ta'esliave tealtzed niany tYIillions of doliars in thesa l d ii ttid above all expenrse.s, atld have u ward.-s f t, enty -toour riiillions of acres,-tll tunsold and unappropriated, they have never put it in our power to render a service to the Upp)l)er Pcninsula through their benificence. The litt'e the State has at aity timnie received fioom tl.e Getieral (overnn etit, ihad leen ialpro)riated lief/,re their wants, ere sufficiently explained, and as yet they have not been so positioned to require any l ortion from the Uttiversity or Primary School Futnds. rTo reach and to remnedy their many evils, and to adjtist the differences apparent in the mining charters, so far as may be int our pow. er, your committee herewith submit provisions in at) article for ti .consideration of the Convention, i)ro)osit)g 1. That the entire Up)per Peninsula shall constitute a judicial dis. trict, with the privilege of electing. a circuit judge and a aistrict attoey. 11 2. That the same district or country shall constitute a Senatorial district. 3. That in addition to Mackinac and C,:ippewa, Delta, Houtighton and Olitoi),agg)t, shall be eintitle( t) one rep)resentative each, anid the counties of Marqtlet'e and Scho(!leraft, to otlie Rel)reseijtative. 4. That the electiotas ill si(i coulities, whereiii thev will not interfere with the chice of roieiiibers of Cotngtess or Plie-ideiitiai electors, shall be helil iti Se)teiilber. 5, 6 atid 7.'lihat p)rovision be imade f)r the refunling to the trcasurie.; of those couinties, a certaiti )or,tion of the tr.oiens,aid iihto the State treasury by the milling co,li)aliie.s, to be u-ed by them in defrayinig t.ounty alid tow li,hiil e.xlet S. I'hat the Legislature be eiii)u%weled to motlify (ertain miniug charters. All of which is respectfully submitted. E. J. ROBERITS, Chairman. STATE OAd MICHIGAN. [Doc. No. 8.] In Convention to Revise the Constitution, 1850. MAJORITY REPORT of the Committee appointed to recommend a division of the State into Judicial Districts. 1st District.-Monroe, Lenawee and Hillsdale. 2d.-Branch, St Joseph, Cass and Berrien. 3d.-Wayne. 4th.-Washtenaw, Jackson and Ingham. 5th.-Calhoun, Kalamazoo, Allegan, Barry and Van Buren. 6th.-St. Clair, Macomb and Oakland. 7th —Lapeer, Genesee, Saginaw, Shiawassee and Livingston. 3th.-Eaton, Kent, Ottawa, Ionia, Clinton and Montcalm. MINORITY REPORT of the Committee appointed to recomb mend a division of the State into Judicial Districts. 1st District.-Wayne and Washtenaw. Ad.-Monroe, Lenawee and Hillsdale. 3d.-Branch, St. Joseph, Cass and Berrien. 4th.-Jackson, Calhoun, Kalamazoo and Van Buren. 5th.-Oakland, Macomb and St. Clair. 6th.-Livingston, Ingham, Eaton, Barry and Allegan. 7th.-Lapeer, Genesee, Shiawassee, Saginaw, Tuscola and Sanilfc. 8th.-Ionia, Kent, Ottawa, Tewaygo, Clintor and Montalm. 4d;-~~ ~ ~~ ~ ~ ~~~~~~~~~~~~~ - 1.- a I