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STATE OF MICHIGAN,

Convened at the City of Lansing, Wednesday, May 15th, 1867.

OFFICIAL REPORT BY

WM. BLAIR LORD AND DAVID WOLFE BROWN.

PLURIBUS

UNUM

TUEBOR

NOUA

AWEKATU

PENINSUL
CIRCUMSPICE:

VOL.

II.

LANSING:
JOHN A. KERR & co., PRINTERS TO THE STATE.

1867.

mi (recut.)

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TUESDAY,

[LANSING, MICHIGAN. )

July 9, 1867.

He ex

THIRTY-SIXTH DAY. but he hopes to be here in a day or The PRESIDENT. The Chair sup

two. I ask leave of absence for him poses that when a member has been TUESDAY, July 9, 1867. for the remainder of the week.

granted indefinite leave of absence, it Leave was granted. The Convention met at eleven o'clock

would be at his option to return when

Mr. W. E, WARNER. I have been ever he chose. A. M., and was called to order by the

The Secretary inPRESIDENT.

requested to ask leave of absence for forms the Chair, however, that so Prayer by Rev. Mr. SPENCER.

Mr. Van RIPER, on account of import- many were granted indefinite leave of

ant business. The roll was called and the following

absence previous to the late recess, members answered to their names:

Leave was granted.

that he thought it best to call the roll

Mr. PRATT. I ask leave of absence through, and did so.
Messrs. Andrus, Bills, Blackman, Bradley,
Burtch, Case, Chapman, Coolidge, Corbin, for myself until to-morrow, for the

Mr. LOVELL. My colleague, Mr.
Crocker, Daniells, Divine, Elliott, Ferris, D. purpose of attending a meeting of the HOWARD, had indefinite leave of ab-
Goodwin, Hixson, Holmes, Lawrence, Lothrop, trustees of the Michigan Asylum for sence when he went away. As I was
Lovell, McClelland, McKeroan, Miles, Mussey,
Musgrave, Norris, Pratt, Pringle, Rafter, the insane, at Kalamazoo.

returning here, he informed me that Richmond, Root, Sawyer, Shearer, Sheldon, Leave was granted.

owing to professional business, he T. G. Smith, W. A. Smith, Sutherland, Mr. W. E. WARNER also asked and would be unable to be here for two or Thompson, Tyler, Van Valkenburgh, Walkor, P. D. Warner, white, Willard, Withey, Wood- obtained indefinite leave of absence for three days this week; and he requested house, Yeomans and the President-48. Mr. DESNOYERS, on account of sickness. me, if there was any revocation of the

Mr. WOODHOUSE. My colleague, Mr. MOCONNELL. I ask indefinite leaves of absence which had been (Mr. LONGYEAR,) is detained from the leave of absence for my colleague, Mr. granted before the recess, to have his Convention to-day. I would, there- HARRIS, who is detained at home on leave renewed. I would therefore ask fore, ask leave of absence for him for account of sickness.

leave of absence for him until Friday to-day.

Leave was granted.

next. The PRESIDENT. There is not a Mr. LAWRENCE asked and ob

The PRESIDENT. His leave will quorum of the Convention present. tained indefinite leave of absence for be continued, unless there shall be No motion can be entertained, except Mr. Winans.

some order of the Convention to the a motion for a call of the Convention,

Mr. MILES. I ask leave of absence

contrary. or a motion to adjourn. for Mr. Conger for to-day.

Mr. LOVELL. In that case I do

ELL. Mr. NORRIS. I move that the pected to be here last night, but has not desire to ask leave of absence for Convention now adjourn. not yet arrived.

him. The motion was agreed to; and acLeave was granted.

Mr. BLACKMAN. I desire to ask cordingly, (at ten minutes past eleven Mr. MILES. I also ask leave of indefinite leave of absence for Mr. o'clock A. M.,) the Convention ad- absence for Mr. HAZEN on account of

LAMB. journed. sickness. I think he had indefinite

Leave was granted. leave of absence at the time of the ad

Mr. BLACKMAN. I also ask indefijournment, week before last.

nite leave of absence for my colleague, THIRTY-SEVENTH DAY. Leave was granted.

Mr. DUNCOMBE.
Mr. M. C. WATKINS asked and ob-

Leave was granted.
tained indefinite leave of absence for
WEDNESDAY, July 10, 1867.

Mr. HOLT. I ask indefinite leave
Mr. MURRAY, on account of sickness in of absence for Mr. HAIRE, who, I am
The Convention met at nine o'clock his family.
and was called to order by the

informed, has lately met with a severe

Mr. NORRIS asked and obtained PRESIDENT.

accident, which resulted in breaking indefinite leave of absence for Mr. Prayer by Rev. Mr. MCINTIRE.

one of his lower limbs. NINDE. The roll was called, and a quorum

Leave was granted.

Mr. WHITE asked and obtained answered to their names. leave of absence for Mr. Duncan for

PETITIONS. to-day.

Mr. TYLER presented the petiMr. BARBER. I ask indefinite Mr. McKERNAN asked and ob- tion of Mrs. Annah Hoit, Mrs. Mary leave of absence for my colleague, Mr. tained leave of absence for Mr. BUR- Ann Willington, Miss Sarah M. ScherLUCE, at his request. He informs me TENSHAW until Friday next.

merhorn, and 38 other women, and Mr. that he is necessarily detained at home Mr. SUTHERLAND asked and ob- Alvin Hoit, Mr. Wm. J. Schermerhorn, in consequence of sickness in his tained leave of absence for Mr. TURNER and 29 other men, of Colon and vicinfamily. until to-morrow.

ity, St. Joseph county, asking equal Leave was granted.

Mr. CASE. I believe Mr. ESTEE had suffrage to men and women; which Mr. WALKER. I have been re- indefinite leave of absence, just before was referred to the committee on elecquested to ask leave of absence for the late recess of the Convention. If tions. Mr. WILLIAMS, on account of business not, I would ask now that he be Also, the petition of Massena G. that no one else can attend to for him. granted indefinite leave of absence. Thurston, John Vaughn, Mrs. Desire Leave was granted.

Leave was granted.

A. Cutter, Mrs. Huldah H. Dexter, and Mr. COOLIDGE. I received last Mr. LOVELL. I wish to inquire 59 other men and women, of Colon evening a message from my colleague, whether the indefinite leaves of ab- and vicinity, St. Joseph county, asking Mr. ALEXANDRR, informing mo that by sence which were granted before the the retention, in substance at least, a fall he was disabled from being here; recess, expires with the recess ? what is section 47, article 4, of the

Vol. 2-No. 1.

a. m.,

LEAVE OF ABSENCE.

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 Inew. Also, the petition of J. P. Slayton, J. L. Waldo and 170 others, of Tecumseh, asking to have inserted in the Constitution the following clause: “The Legislature shall not, by grant of license or otherwise, authorize the manufacture or sale of intoxicating liquors to be used as a beverage, but shall by law prohibit the same.” Also, the petition of Wm. R. B. Powers, E. Hause, David Jones and David McNair and 22 other voters of Tecumseh, asking that the manufacture and sale of ntoxicating liquors be prohibited by law; which petitions were severally referred to the committee on intoxicating 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. Also, the petition of Mrs. C. H. Moore, and 107 other ladies of Lexington, Sanilac county, on the same subject. Also, the petition of Rev. Charles Spooner and 15 other citizens of the town of Lexington, Sanilac county, on the same subject; which petitions were severally referred to the committee on intoxicating liquors. Mr. SHELDON presented the peti

tion of A. D. Gilmore and 47 others, for prohibiting sale of spirituous liquors as a beverage; which was referred to the committee on intoxicating liquors. Mr.WHITE presented the petition of Mrs. George Henika, Mrs. Isaac Buskerk, and Miss Etta Van, Miss Jossie White, and 38 other ladies, residents of Wayland, Allegan county, praying that section 47, article 4, of the present Constitution, be retained in the new; which was referred to the committee on intoxicating liquors. Mr. MORTON presented the petition of N. Homer and 39 others, in favor of a license law for the sale of intoxicating liquors; which was referred to the committee on intoxicating liquors. Mr. THOMPSON. I find upon my table this morning a petition signed by O. C. Gale, Harmon Fowler, A. Wanalstine, and 57 others, in relation to the traffic in intoxicating liquors. I am unable to tell, from the reading of the petition, whether it is for or against a license law. I will not, however, move its reference to the committee on phraseology, but will ask its reference to the committee on intoxicating liquors. The petition was received, and referred to the committee on intoxicating liquors. PUBLICATION OF THE DEBATES.

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after their occurrence; and in case the printer at present engaged to print the same cannot hasten their publication, that said committee be instructed to take such steps as may be deemed necessary to procure the same to be done by other parties, if the same can be done so as to secure the more speedy execution of the work. I offer this resolution not so much with the idea that it is the best step that could be taken in the matter, as for the purpose of bringing the matter before the Convention for its consideration. During our recess of ten days I find, by reference to my files, that the State printers have printed just three days’ proceedings, in addition to what we had when we left. That brings them to within eleven days of the time when we took our recess; there are yet eleven days proceedings to be printed. I believe at the time the order was made for the publication of these debates, it was understood that they would be laid upon our tables within a day or two after the journal of proceedings. We have, at considerable expense to the State, ordered the State printers to send copies of these debates to all the publishers of newspapers for the information of the public, sup

posing that these debates would be reprinted in those papers for the information of the readers of those papers. Certainly the publication of the debates will be of no practical use whatever if they are not to be published within three or four or five weeks of the time when they occurred. It is not to be supposed that the papers will republish them at that late day, after having published what information they usually do of our proceedings immediately after their occurrence. At the rate that we have been running behind in the publication of these debates and proceedings, we can only imagine where we shall be at the time we get through our labors here—and the question might be very pertinently asked, who will be here to attend to the correction of proofs, etc.? If we are to have a session of the Legislature this coming winter, our State printers would then be probably in the same predicament that we understood them to be in when they first failed to keep up with publishing the debates of this Convention. The reason was that they had not got through with publishing the session laws at that time. And 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 contract, is to examine the proofs of these debates. Unless the printing is done much more rapidly than it now is, he will have to remain much longer than he expected in order to fulfil that part of his contract. That, however, is perhaps not a matter that concerns members particularly. I make these suggestions for the purpose of calling the attention of members to this subject. If there is any advantage to be gained by having these debates published at all, it seems to me they should be published within some reasonable time. Mr. MORTON. As one of the committee on printing, I desire to state that I talked with the foreman of the State printing office, and from what I learned from him, I am inclined to think that some members of this Convention are responsible, at least to some extent, for this delay. I understand that when we adjourned, on Friday, of week before last, several members went to the printing office, and expressed a wish to have the publication of the debates delayed, for the reason, I suppose, that they desired to see their reported speeches, before they are finally printed. Now it is impossible for any printing office in the State to set up a number of forms, and to keep on hand proof sheets of a large quantity of type, in order to allow members to look over their debates as reported.

BILL OF RIGHTS.

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 pubI do not think the resolution offered proof sheets. I hardly think the lished, and if they cannot be furnished should be adopted. I hope the mover printer needs this spur, and still I am in time for the people of the present of it will consent to have it laid on the not tenacious about this resolution. day, they can be furnished for future table until he can visit the printing Mr. BURTCH. It seems to me that ages. [Laughter.] office himself, and ascertain exactly it is assuming considerable responsi

The resolution was then agreed to. how the matter stands.

bility for members thus to undertake PUBLISHING ABSENTEES IN THE JOURNALMr. BLACKMAN. I have no objec- to impede the public business. Gen Mr. BLACKMAN. I offer the foltion to any course being adopted with tlemen will bear me witness that I lowing resolution: the resolution, either by laying it on came in here and made a little talk Resolved, That the Secretary of this Cop. the table, or disposing of it in any some time ago; but I did not go down vention be directed to cause to be printed other way.

I offered it in order to to the printer and ask him not to print distinguishing between them as follows: bring the matter before this Conven- the proceedings before I could see First, The names of abeentees on account of tion, to ascertain if there was any rea- them, for fear there would be some- sickness. Second, Of those absent with sonable excuse for this delay.

thing wrong
If there is anything without leave.

leave, for other causes. Third, Those absent Mr. COOLIDGE. For the purpose wrong in my speeches hereafter, I will Mr. PRATT. I move the resolution of avoiding further discussion on this see about correcting them.

be laid upon the table. subject, and believing that the commit Mr. BILLS. It will be recollected

The motion to lay on the table was tee on printing will look after this mat- by many members of this Convention, agreed to. ter properly, I move to lay the resolu- who will revert in their minds to the tion on the table. time of our adjournment, that our de

Mr. MUSSEY. I move that the The question was taken upon the bates were then some twelve days bemotion to lay the resolution on the hind in their publication. The excuse

Convention now resolve itself into com. table, and upon a division there were which is now urged for the delay in mittee of the whole on the general ayes 24, noes 15. their publication, certainly could not

order. Mr. DANELLS. That, I believe, is have been an excuse for the tardiness

The motion was agreed to. not a quorum. Does it not require a previous to that time; because mem The Convention accordingly resolved quorum to vote ?

bers were here then, and could have itself into committee of the whole, (Mr. The PRESIDENT. No

No quorum corrected their speeches without delay. PRINGLE in the chair,) and resumed the has voted; the Chair will put the ques- What the members of this Convention consideration of general order No. 11, tion again.

desire, is, that these debates be pub- being the article entitled “ Bill of The question was again taken upon lished, and put upon our tables, within Rights.” the motion to lay on the table, and it a day or two after they occur. It was was not agreed to, upon a division; thought that could be done when we The CHAIRMAN. When the comayes 25, noes 26.

entered into this contract. If we are mittee last had the article entitled The question recurred upon the not to have them delivered to us in Bill of Rights," under consideration, resolution.

that way, then for one, I should al- it had proceeded therein as far as secMr. NORRIS. I move that the res- most desire to discontinue their publi- tion twenty-threo of that article, which olution be referred to the committee cation altogether. If the printers are is as follows: on printing

to fall behind at this rate, then at the The PRESIDENT. The Chair will conclusion of our session here, there tor public use without just compensation

• The property of no person shall be taken state that, should the resolution be will be nearly one-half of our debates therefor." 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. Al

Mr. 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." derstand that the gentleman from publication of these debates, as to have The-recollection of the Chair is, that Monroe, (Mr. Monton,) 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

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PRIVATE PROPERTY FOR PUBLIC USE.

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