Convened at the City of Lansing, Wednesday, May 15th, 1867. JOHN A. KERR & CO., PRINTERS TO THE STATE. 1867. mai (recat.). TUESDAY, THIRTY-SIXTH DAY. TUESDAY, July 9, 1867. The Convention met at eleven o'clock A. M., and was called to order by the PRESIDENT. Prayer by Rev. Mr. SPENCER. The roll was called and the following members answered to their names: Messrs. Andrus, Bills, Blackman, Bradley, Burtch, Case, Chapman, Coolidge, Corbin, Crocker, Daniells, Divine, Elliott, Ferris, D. Goodwin, Hixson, Holmes, Lawrence, Lothrop, Lovell, McClelland, McKernan, Miles, Mussey, Musgrave, Norris, Pratt, Pringle, Rafter, Richmond, Root, Sawyer, Shearer, Sheldon, T. G. Smith, W. A. Smith, Sutherland, Thompson, Tyler, Van Valkenburgh, Walker, P. D. Warner, White, Willard, Withey, Wood house, Yeomans and the President-48. Mr. WOODHOUSE. My colleague, (Mr. LONGYEAR,) is detained from the Convention to-day. I would, therefore, ask leave of absence for him for to-day. The PRESIDENT. There is not a quorum of the Convention present. No motion can be entertained, except a motion for a call of the Convention, or a motion to adjourn. Mr. NORRIS. I move that the Convention now adjourn. The motion was agreed to; and accordingly, (at ten minutes past eleven o'clock A. M.,) the Convention adjourned. THIRTY-SEVENTH DAY. WEDNESDAY, July 10, 1867. The Convention met at nine o'clock a. m., and was called to order by the PRESIDENT. Prayer by Rev. Mr. McINTIRE. The roll was called, and a quorum answered to their names. LEAVE OF ABSENCE. Mr. BARBER. I ask indefinite leave of absence for my colleague, Mr. LUCE, at his request. He informs me that he is necessarily detained at home in consequence of sickness in his family. Leave was granted. Mr. WALKER. I have been requested to ask leave of absence for Mr. WILLIAMS, on account of business that no one else can attend to for him. Leave was granted. Mr. COOLIDGE. I received last evening a message from my colleague, Mr. ALEXANDRR, informing me that by a fall he was disabled from being here; Vol. 2-No. 1. [LANSING, MICHIGAN. ] Leave was granted. Mr. LAWRENCE asked and ob July 9, 1867. The Secretary in The PRESIDENT. The Chair supposes that when a member has been granted indefinite leave of absence, it would be at his option to return whenever he chose. forms the Chair, however, that so many were granted indefinite leave of absence previous to the late recess, that he thought it best to call the roll through, and did so. Mr. LOVELL. My colleague, Mr. HOWARD, had indefinite leave of absence when he went away. As I was returning here, he informed me that owing to professional business, he would be unable to be here for two or three days this week; and he requested me, if there was any revocation of the leaves of absence which had been granted before the recess, to have his leave renewed. I would therefore ask leave of absence for him until Friday next. The PRESIDENT. His leave will tained indefinite leave of absence for be continued, unless there shall be Mr. WINANS. Mr. MILES. I ask leave of absence for Mr. CONGER for to-day. He expected to be here last night, but has not yet arrived. Leave was granted. Mr. MILES. I also ask leave of absence for Mr. HAZEN on account of sickness. I think he had indefinite leave of absence at the time of the adjournment, week before last. Leave was granted. Mr. M. C. WATKINS asked and obtained indefinite leave of absence for Mr. MURRAY, on account of sickness in his family. Mr. NORRIS asked and obtained indefinite leave of absence for Mr. NINDE. Mr. WHITE asked and obtained leave of absence for Mr. DUNCAN for to-day. Mr. McKERNAN asked and obtained leave of absence for Mr. BURTENSHAW until Friday next. Mr. SUTHERLAND asked and obtained leave of absence for Mr. TURNER until to-morrow. Mr. CASE. I believe Mr. ESTEE had indefinite leave of absence, just before the late recess of the Convention. If not, I would ask now that he be granted indefinite leave of absence. Leave was granted. Mr. LOVELL. I wish to inquire whether the indefinite leaves of absence which were granted before the recess, expires with the recess? some order of the Convention to the contrary. Mr. LOVELL In that case I do not desire to ask leave of absence for him. Mr. BLACKMAN. I desire to ask indefinite leave of absence for Mr. LAMB. Leave was granted. Mr. BLACKMAN. I also ask indefinite leave of absence for my colleague, Mr. DUNCOMBE. Leave was granted. Mr. HOLT. I ask indefinite leave of absence for Mr. HAIRE, who, I am informed, has lately met with a severe accident, which resulted in breaking one of his lower limbs. Leave was granted. PETITIONS. Mr. TYLER presented the petition of Mrs. Annah Hoit, Mrs. Mary Ann Willington, Miss Sarah M. Schermerhorn, and 38 other women, and Mr. Alvin Hoit, Mr. Wm. J. Schermerhorn, and 29 other men, of Colon and vicinity, St. Joseph county, asking equal suffrage to men and women; which was referred to the committee on elections. Also, the petition of Massena G. Thurston, John Vaughn, Mrs. Desire A. Cutter, Mrs. Huldah H. Dexter, and 59 other men and women, of Colon and vicinity, St. Joseph county, asking the retention, in substance at least, what is section 47, article 4, of the present Constitution, in the new instrument; which was referred to the committee an intoxicating liquors. Mr. YEOMANS presented the petition of Hon. Hampton Rich, Rev. G. S. Barnes, C. Oscar Thompson, W. D. Arnold, A. C. Caldwell, G. S. Cooper, Harvey Harter, O. N. Boltwood and ten other citizens of Ionia county, praying that the present Constitution be so amended as to forever disfranchise any and every person who may directly or indirectly engage in the manufacture or sale of intoxicating liquors as a beverage; which was referred to the committee on intoxicating liquors. Mr. BILLS presented the petition of B. L. Baxten and others, of Tecumseh, asking that section 47, article 4, of the present Constitution, be inserted in the tion of A. D. Gilmore and 47 others, posing that these debates would be refor prohibiting sale of spirituous li- printed in those papers for the informaquors as a beverage; which was refer- tion of the readers of those papers. red to the committee on intoxicating Certainly the publication of the deliquors. bates will be of no practical use whatMr.WHITE presented the petition of ever if they are not to be published Mrs. George Henika, Mrs. Isaac Bus- within three or four or five weeks of kerk, and Miss Etta Van, Miss Jossie the time when they occurred. It is not White, and 38 other ladies, residents to be supposed that the papers will of Wayland, Allegan county, praying republish them at that late day, after that section 47, article 4, of the present having published what information Constitution, be retained in the new; they usually do of our proceedings which was referred to the committee immediately after their occurrence. on intoxicating liquors. At the rate that we have been runMr. MORTON presented the petition ning behind in the publication of these of N. Homer and 39 others, in favor debates and proceedings, we can only of a license law for the sale of intoxi- imagine where we shall be at the time cating liquors; which was referred to we get through our labors here-and the committee on intoxicating liquors. the question might be very pertinently Mr. THOMPSON. I find upon my asked, who will be here to attend to the table this morning a petition signed correction of proofs, etc.? If we are to Also, the petition of J. P. Slayton, by O. C. Gale, Harmon Fowler, A. have a session of the Legislature this J. L. Waldo and 170 others, of Tecum- Vanalstine, and 57 others, in relation coming winter, our State printers would seb, asking to have inserted in the to the traffic in intoxicating liquors. then be probably in the same predicaConstitution the following clause: I am unable to tell, from the reading ment that we understood them to be new. "The Legislature shall not, by grant of the petition, whether it is for or in when they first failed to keep up of license or otherwise, authorize the against a license law. I will not, how-with publishing the debates of this manufacture or sale of intoxicating ever, move its reference to the commit- Convention. The reason was that they liquors to be used as a beverage, but tee on phraseology, but will ask its had not got through with publishing shall by law prohibit the same." reference to the committee on intoxi- the session laws at that time. And Also, the petition of Wm. R. B. Pow-cating liquors. ers, E. Hause, David Jones and David The petition was received, and referMcNair and 22 other voters of Tecum-red to the committee on intoxicating seh, asking that the manufacture and liquors. sale of ntoxicating liquors be prohibited PUBLICATION OF THE DEBATES. next winter the excuse for delay in publishing what may be needed for the Legislature, will be that they have not got through with the debates of this Convention. The reporter, by his con by law; which petitions were severally Mr. BLACKMAN. I offer the fol- tract, is to examine the proofs of these referred to the committee on intoxicat-lowing resolution: ing liquors. Mr. DIVINE presented the petition of Mary Vasey and 21 other ladies of Lexington, Sanilac county, Michigan, in favor of retaining in the new Constitution section 47, article 4, of the present one. Also, the petition of Elizabeth A. Stecker and 63 other persons, citizens in the town of Sanilac, in Sanilac county, on the same subject. Also, the petition of Lucinda Law, and 76 other citizens of the town of Sanilac, in Sanilac county, on the same subject. Also, the petition of Mark Willis and 69 other citizens of Sanilac county, on the same subject. Also, the petition of Hon. L. L. Mixson, Rev. J. A. Baughman, and 25 other citizens of Lexington, Sanilac county, on the same subject. debates. Unless the printing is done much more rapidly than it now is, he Resolved, That the committee on printing be instructed to take measures to secure the will have to remain much longer than printing of the debates and proceedings of he expected in order to fulfil that part this Convention within a reasonable time of his contract. That, however, is perter at present engaged to print the same canafter their occurrence; and in case the prin- haps not a matter that concerns memnot hasten their publication, that said com-bers particularly. I make these sugmittee be instructed to take such steps as gestions for the purpose of calling the may be deemed necessary to procure the attention of members to this subject. same to be done by other parties, if the same can be done so as to secure the more speedy If there is any advantage to be gained execution of the work. by having these debates published at all, it seems to me they should be published within some reasonable time. I offer this resolution not so much with the idea that it is the best step that could be taken in the matter, as Mr. MORTON. As one of the comfor the purpose of bringing the matter mittee on printing, I desire to state before the Convention for its considera- that I talked with the foreman of the tion. During our recess of ten days I State printing office, and from what I find, by reference to my files, that the learned from him, I am inclined to State printers have printed just three think that some members of this Condays' proceedings, in addition to what vention are responsible, at least to some we had when we left. That brings extent, for this delay. I understand them to within eleven days of the time that when we adjourned, on Friday, of when we took our recess; there are yet week before last, several members went eleven days' proceedings to be printed. to the printing office, and expressed I believe at the time the order was a wish to have the publication of the made for the publication of these de- debates delayed, for the reason, I supbates, it was understood that they pose, that they desired to see their reAlso, the petition of Rev. Charles would be laid upon our tables within a ported speeches, before they are finally Spooner and 15 other citizens of the day or two after the journal of pro- printed. Now it is impossible for any town of Lexington, Sanilac county, on ceedings. We have, at considerable printing office in the State to set up a the same subject; which petitions were expense to the State, ordered the State number of forms, and to keep on hand severally referred to the committee on printers to send copies of these debates proof sheets of a large quantity of intoxicating liquors. to all the publishers of newspapers for type, in order to allow members to Mr. SHELDON presented the peti- the information of the public, sup-look over their debates as reported. Also, the petition of Mrs. C. H. Moore, and 107 other ladies of Lexington, Sanilac county, on the same subject. Had no members of this Convention roe has stated; that this delay was for enable us to fulfill that engagement. If gone to the printing office, and said the purpose of giving members an op- we cannot have them for that purpose, any thing to the printers, it is probable portunity to examine their speeches then let us dispense with the publicathat the debates and proceedings would before they were finally printed. The tion of them altogether. I would as all have been up by this time. I told foreman did not state definitely to me soon have a last year's almanac to read, the foreman, when I went away, that that they might have been up with the as these debates published and laid beunder the circumstances, as members debates, and would have been, but for fore us, six months after their delivery. wished to have an opportunity to this delay to accommodate members. We want to have them now during the correct the reports of their debates, He did not state that any member had progress of the business of this Conprobably it would be best for him to requested the delay, but, as I under- vention. go on with something else to com- stood him, the debates had been de- Mr. BURTCH. I differ with my plete the Manual of the Convention, if layed for the purpose of giving mem- friend from Lenawee, (Mr. BILLS.) he could, during the recess. bers an opportunity to examine the I think these debates ought to be pubproof sheets. I hardly think the lished, and if they cannot be furnished printer needs this spur, and still I am in time for the people of the present not tenacious about this resolution. day, they can be furnished for future ages. [Laughter.] I do not think the resolution offered should be adopted. I hope the mover of it will consent to have it laid on the table until he can visit the printing office himself, and ascertain exactly how the matter stands. The resolution was then agreed to. Mr. BURTCH. It seems to me that it is assuming considerable responsibility for members thus to undertake PUBLISHING ABSENTEES IN THE JOURNAL. to impede the public business. Gen- Mr. BLACKMAN. I offer the foltlemen will bear me witness that I lowing resolution: came in here and made a little talk Resolved, That the Secretary of this Consome time ago; but I did not go downvention be directed to cause to be printed to the printer and ask him not to print distinguishing between daily, in the journals, the names of absentees, Mr. BLACKMAN. I have no objection to any course being adopted with the resolution, either by laying it on the table, or disposing of it in any other way. I offered it in order to bring the matter before this Conven- the proceedings before I could see tion, to ascertain if there was any rea- them, for fear there would be somesonable excuse for this delay. If there is anything thing wrong. wrong in my speeches hereafter, I will see about correcting them. Mr. COOLIDGE. For the purpose of avoiding further discussion on this subject, and believing that the committee on printing will look after this matter properly, I move to lay the resolution on the table. The question was taken upon the motion to lay the resolution on the table, and upon a division there were ayes 24, noes 15. Mr. DANELLS. That, I believe, is not a quorum. Does it not require a quorum to vote? The PRESIDENT. No quorum has voted; the Chair will put the question again. The question was again taken upon the motion to lay on the table, and it was not agreed to, upon a division; ayes 25, noes 26. It was them as follows: First, The names of abeentees on account of Mr. PRATT. I move the resolution be laid upon the table. The motion to lay on the table was agreed to. BILL OF RIGHTS. Mr. MUSSEY. I move that the Convention now resolve itself into com mittee of the whole on the general order. The motion was agreed to. PRIVATE PROPERTY FOR PUBLIC USE. Mr. BILLS. It will be recollected by many members of this Convention, who will revert in their minds to the time of our adjournment, that our debates were then some twelve days behind in their publication. The excuse which is now urged for the delay in their publication, certainly could not have been an excuse for the tardiness previous to that time; because memThe Convention accordingly resolved bers were here then, and could have itself into committee of the whole, (Mr. corrected their speeches without delay. PRINGLE in the chair,) and resumed the What the members of this Convention consideration of general order No. 11, "Bill of desire, is, that these debates be pub- being the article entitled lished, and put upon our tables, within Rights." a day or two after they occur. thought that could be done when we The CHAIRMAN. When the comentered into this contract. If we are mittee last had the article entitled not to have them delivered to us in "Bill of Rights," under consideration, that way, then for one, I should al- it had proceeded therein as far as secmost desire to discontinue their publi- tion twenty-three of that article, which cation altogether. If the printers are is as follows: to fall behind at this rate, then at the The PRESIDENT. The Chair will conclusion of our session here, there state that, should the resolution be will be nearly one-half of our debates adopted, it would by its terms carry unpublished. If they are to take until The gentleman from Wayne (Mr. the whole subject to the committee on the next winter months for the publi- MCCLELLAND) had offered an amendprinting. cation of the debates, and to publish ment to the section, to add the words, Mr. NORRIS. Then I withdraw them in the absence of all the mem- "to be paid or secured as shall be prothe motion to refer, and will let the bers, we will have no guarantee of their vided by law." To that amendment question be taken upon the resolution. correction. Members certainly will not the gentleman from Berrien (Mr. ALMr. THOMPSON. I desire to state remain here for the purpose of correct- EXANDER) moved to add the words, that I called, as a member of the com- ing their speeches, and our reporters" and such compensation shall be withmittee on printing, at the office of the would be unwilling to do so. We out any deduction for benefits to any State printer yesterday. I do not un- might as well discontiue altogether the property owner." The question recurred upon the resolution. Mr. NORRIS. I move that the resolution be referred to the committee on printing. "The property of no person shall be taken for public use without just compensation therefor." derstand that the gentleman from publication of these debates, as to have The recollection of the Chair is, that Monroe, (Mr. MORTON,) has called them published in this manner. We the amendment of the gentleman from there since his return. I called there are under obligation and engagement Berrien, was entertained as an amendto ascertain the cause of this delay, to send these debates from time to time, ment to the amendment of the gentleand was informed by the foreman sub- to a neighboring State, and I desire man from Wayne. It seems, however, stantially as the gentleman from Mon- that they shall be published, so as to to the Chair, that it does not neces 781 |