And Whereas, The honor and good name of the people of Michigan demand that provision should be made for the payment of such bonds; And Whereas, The only resource left in this emergency is the giving to the people an opportunity of so amending the fundamental law of the State, as to enable the several municipalities, whose bonds have been thus issued, to recognize their obligations and provide for their payment; And Whereas, Proposed Constitutional Amendments must first receive the sanction of the Legislature, and can only be submitted to the people at a general biennial November election, thus creating the necessity of convening the Legislature in Extra Session, or witholding from the electors, for the space of two years, the opportunity of enabling such municipalities to keep their honor and credit inviolate; Now, Therefore, I, Henry P. Baldwin, Governor of the State of Michigan, by virtue of the power vested in me by the Constitution, do hereby convene the Legislature of this State in Extraordinary Session; requiring the Senators and Representatives to assemble at the Capitol, in the City of Lansing, on Wednesday, the 27th day of July next, at twelve o'clock noon; then and there to consider and act upon such matters as may be submitted to them by special message. [SEAL.] In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State. Done at Lansing, this eighth day of June, in the year of our Lord one thousand eight hundred and seventy. By the Governor: O. L. SPAULding, Secretary of State. HENRY P. BALDWIN. Mr. Warner announced that Hon. N. H. Bitely, Senator elect from the 18th district, was present and prepared to take his seat. Mr. Bitely came forward, took and subscribed the oath prescribed by the constitution, and took his seat as Senator. Mr. Norris moved that a committee of two be appointed to wait upon the House of Representatives and inform that body that the Senate is ready to proceed to business. The President appointed as such committee, Senators Norris and Williams. After a brief absence, the committee returned and reported that they had discharged the duty assigned them. Report accepted and committee discharged. Mr. Peirce moved that a committee of two be appointed to inform the Governor that the Senate is prepared to receive any communication he may be pleased to make. Mr. Boies moved to amend the motion, by making the committee a joint committee of the Senate and House; Which was accepted. The motion as amended prevailed. The President announced as such committee on the part of the Senate, Senators Peirce and FitzGerald. A committee from the House appeared and informed the Senate that the House is prepared to proceed to business. The President announced the following: HOUSE OF REPRESENTATIVES, To the President of the Senate: SIR-I am instructed by the House to inform the Senate that Messrs. Cameron, Shier and Klein have been appointed by the House to act with the committee appointed by the Senate to wait on the Governor and inform him that the two Houses are now ready to receive any communication he may be pleased to make. Very respectfully, N. B. JONES, Clerk of the House of Representatives. The message was laid on the table. Senators Peirce and FitzGerald, from the joint committee appointed to wait upon the Governor, reported that they had performed the duty assigned them, and that the Governor had informed them that he would meet the two Houses at 21 o'clock P. M., and communicate with them by special message. Report accepted and committee discharged. On motion of Mr. Rich, The Senate took a recess until 24 o'clock P. M. AFTERNOON SESSION. 24 o'clock P. M. The Senate was called to order by the President. A committee from the House appeared and informed the Senate that the House was in readiness to receive the Senate in joint convention to hear the message of the Governor. On motion of Mr. Boies, The Senate proceeded to the Hall of the House of Representatives to meet the House in joint convention. [For proceedings of the joint convention, see House journal.] The Senate returned to the Senate Chamber, and was called to order by the President. Roll called: a quorum present. The President announced that the Senate had met the House in joint convention, and had listened to the reading by the Governor, Henry P. Baldwin, of his special message. MESSAGE FROM THE OTHER HOUSE. The President announced the following: HOUSE OF REPRESENTATIVES, To the President of the Senate: SIR-I am instructed by the House to transmit the following message of His Excellency the Governor, delivered this day to the two Houses in joint convention. Very respectfully, N. B. JONES, Clerk of the House of Representatives. The message is as follows: SENATORS AND REPRESENTATIVES: I have deemed it my duty to call you together in extraordinary session, to submit for your consideration, subjects directly affecting the honor and good name of the people of our whole commonwealth. The powers of government are divided into three departments: Legislative, Executive and Judicial; the duties of each are distinct and well defined; no one may discharge or infringe upon the duties of another. To the Legislative branch of the government, has been committed the law-making power, subject only to such restrictions or limitations, as are contained in the Constitution of the State, or of the United States. To the Judicial department has been entrusted the province of deciding what is law, and of annulling unconstitutional enactments. Legislatures, Executives, and Courts are composed of individuals and may err. Legislatures may pass and Governors may give their approval to acts, which the Judiciary, in the exercise of its rightful functions, may decide to be unconstitutional; but the original and ultimate sovereignty is with the people, by whom. Constitutions are made, and may be altered or amended. Changes in the fundamental law should not be frequent, or made upon slight pretexts, or upon doubtful expediency; but should be made where serious doubts exist as to the proper construction of important provisions; or where experience has shown the necessity of such alteration; and certainly, where without such change, injustice and wrong would be done to any portion of the people. A series of laws enacted at five successive sessions of the Legislature, and with the exception of a single act, approved by three successive Executives, have, by a recent decision of the highest judicial authority of the State, been pronounced unconstitutional and void. These laws are somewhat different in their provisions, but all of them were intended to enable the people of either counties, townships, cities, or incorporated villages, in their corporate capacity, to aid in the construction of railroads. The general law of 1869 was considerably more restrictive and stringent in its provisions than the special acts of previous years. In the act of 1869, townships, cities and incorporated villages-but not counties-were authorized to aid, to a limited amount, in the construction of railroads, by loan or donation. When such aid should be voted by the people, bonds might be made and deposited in the office of the State Treasurer, but could not be delivered to any railroad company until such company had completed its road-bed, and ironed its road with such rail as should be used by first-class railroads, from its initial or starting point, through the municipality issuing the same; nor until the company should have fully complied with whatever conditions said municipality might have imposed in voting its aid. Under the authority contained in these laws, securities or bonds for a very considerable amount, have been delivered and are now held by parties who have purchased them in good faith. Judging from the most reliable information which I have been able to obtain, I am of the opinion that far the larger part is held by persons of moderate or small means; in not a few instances, the entire means of aged persons, of women, and of orphan children, are known to be invested in these securities. It is scarcely necessary to say, that without provision for their payment, in many cases great inconvenience and suffering must ensue, and this must be the case to a greater or less extent, even by the delay of payment of any one or more of the installments of interest. In some cases the municipalities directly interested, have, through their municipal boards, expressed the desire and 'determination to acknowledge and provide for the payment of these liabilities; but it must be remembered, that however earnestly such authorities may desire to avoid the repudiation |