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possible, for them to confer together the general subjects referred to them,
and determine upon their action within at least until they have committed
48 hours from this time. I therefore some blunder requiring correction at
move to lay the resolution on the table. the hands of the Convention.
Mr. INGALLS. I only wish to

say

The PRESIDENT. The motion to lay on the table is not debatable. The motion was agreed to; and the resolution was laid on the table.

MAP FOR JSE OF MEMBERS.

Mr. PRATT submitted the following resolution, which was adopted:

Resolved, That the Librarian be requested to suspend in the Hall during the session of the Convention, one of the largest and latest maps of Michigan.

PUBLIC DEBT.

courses is the more proper? Whatever change gentlemen may desire to have made in the Constitution, I want them to introduce the proposition here Mr. McCLELLAND. The view ex- before this body, so that we may know pressed by the gentleman from St. the character of the propositions which Clair, (Mr. CONGER,) is something new are being considered in the various to me. In every legislative body of committee rooms. When I voted for whose proceedings I have any knowl- the resolution requiring propositions edge, it has always been customary, as in regard to the various departments soon as committees were appointed, to to be submitted to the appropriate introduce resolutions of this character. committees, I did not intend to abdiThis resolution does not propose a cate and surrender my right to know positive, peremptory instruction. It what propositions for the amendment simply proposes to instruct the com- of our Constitution are pending, mittee to inquire into the expediency and to understand and canvass every of a certain provision. Now, however proposition going before the committalented, however well-informed the tees, if I should see fit to do so.

Mr. FERRIS submitted the follow-members of any committee may be, it ing resolution, which was adopted: sometimes happens that the weakest Resolved, That the communication from the member of the body appointing that State Treasurer, relative to the public debt, committee may make a useful suggesbe taken from the table, and referred to the tion to the committee. I submit the matter to the Convention.

committee on finance and taxation.

LAND GRANT RAILROADS.

Mr. FERRIS submitted the following resolution, which was adopted: Resolved, That the communication from the Secretary of State, relative to railroads, to which lands have been granted, be taken

from the table and referred to the committee on corporations other than municipal.

TERM OF SENATORS, ETC.

Mr. McCLELLAND. I have a series of resolutions of reference which I desire to present this morning. The first is the following:

Resolved, That the committee on the legislative department inquire into the expediency of electing Senators for at least double the term of members of the House, and that they be so classified as to require the election of one-half at every general election.

I think that my friend from St Clair, (Mr. CONGER,) is mistaken as to the purport and object of these resolutions. When he shall come to consider the matter candidly and carefully, he will, I think, see that the resolution of the Mr. FERRIS. It seems to me that gentleman from Wayne suggests the the course suggested by the introduc- proper course to be pursued. I trust tion of this resolution is the right one. that no bar such as the gentleman In appointing these standing commit- from St Clair seems to favor will be intees it has been the intention of the terposed to the action of the members Convention, not to delegate to them of this Convention. our duty of making suggestions as to Mr. CONGER. Mr. President, I the amendment and revision of the may be mistaken in my view of this Constitution, but that the committees matter; but the objection which I should take action upon the sugges- have to this proposition of the gentletions of the Convention. We do not tleman from Wayne (Mr. MCCLELLAND) say to the gentlemen composing those is simply that I do not see the procommittees that they are not compe-priety of embracing in a resolution of tent to act wisely and judiciously; but, this kind, a subject already referred sir, this we do say, (and we want those to the committee by the Convention. committees to understand it,) that The very subject of the inquiry has when they were appointed we did not already been referred; and I submit deprive ourselves, as members of this that if every distinct proposition which Convention, of our right to make through this body suggestions to the committees as to what changes in the Constitution we may think desirable.

Mr. CONGER. I think, Mr. Presmay come under the consideration of ident, that for us to undertake to ina committee, and which has been distruct a committee upon a portion of rectly referred to them,is to be the subtheir duties before they have had time ject of a separate resolution, a great to meet and properly consider the sub- The committee of one for each judi- deal of time will be uselessly occupied, ject referred to them, is assuming to cial district, to whom this matter of and the Journal will be unnecessarily some extent, the prerogatives of the standing committees was referred, re- encumbered. It appears to me-and committee. I venture to say that the ported a resolution, which was adopted this is the reason of my objection gentlemen upon each of the committees --and it is a very proper resolution to the resolution that when a parappointed by this Convention under- requiring all propositions in regard to ticular subject-matter has already stand pretty well the subjects that the new Constitution to be submitted been plainly referred to a commitought to be considered by them, with- to the appropriate committee. Now, tee, that should be sufficient, until out the direct intervention of this body. sir, that leaves but one of two courses the committee itself shows some If there should unfortunately be any for members of this Convention to inclination to neglect the consideration committee unable to take up its ap- take: we must either go stealthily to of that particular subject-matter. If propriate subjects and make some the committee room, without the knowl- there should be some subject not unprogress in them, then it would per- edge of our brethren on this floor, and derstood to be referred to the comhaps be well for the Convention to take present there quietly and secretly our mittee-if there should be some questhe committee in charge and give it propositions, or we must come up tion upon which a committee had dissome instructions about its plain and boldly before the Convention with res- agreed or had failed to report then it apparent duties. The time will un-olutions of the character of that intro- might be proper for the Convention to doubtedly come when the committees duced by the gentleman from Wayne, instruct the committee upon that parwill on all the subjects referred to them (Mr. MCCLELLAND,) asking the Conven- ticular subject. make some preliminary report. As tion to instruct particular committees I do not claim for any committee of chairman of one of the committees, I to inquire into the expediency of this body the privilege of being ex feel that I have a right to speak on this making certain proposed changes in empt from the instruction or direction subject. I do not know that any of the our Constitution. Now, sir, can there of the Convention; for the committees committees need to be instructed upon be any question as to which of these are of course the creatures of the Con VOL. 1.-No. 6.

vention. In what I have said I have provision; and I apprehend that, as
been actuated by no disrespect to my has been remarked by the gentleman
friend who offered this resolution; but across the way, (Mr. FFRRIS,) this is
it appears to me that if the resolution the only proper avenue through which
be adopted, we shall establish a prece- we can convey our suggestions to any
dent for encumbering our Journal with of the committees appointed by the
numerous resolutions, embracing prop- Convention.
ositions the most simple and the most Mr. FERRIS. I wish to say to my
apparent in reference to subjects friend from St. Clair, (Mr. CONGER,)
already referred to the committees. that in my remarks made a few mo-
There is no particular need of zeal or ments ago, I had no desire to rebuke
enthusiasm in opposing my proposition; or censure him. And while I am up,
there is no particular necessity for the I wish to add one suggestion which I
tone or language of rebuke in com- omitted to make when I before spoke.
menting upon it. This is a question The members of the Convention will
which affects every committee and every recollect that the other day a good
member of every committee. I made many inquiries were made as to what
my objection in good faith, because I changes in our Constitution were likely
thought the resolution of my learned to be adopted; and several gentlemen
friend a little premature. He has had said, I believe, in substance, that they
much more experience in conventions had not yet heard members state what
than I have had. He may be entirely changes they thought desirable. Now,
right, and I may be entirely wrong; I suggest to the Convention that, by
and, sir, when I do commit an error or the introduction of resolutions of this
do anything wrong, I am always per- character, members will be informed
fectly willing to be forgiven. [Laugh- officially and publicly upon the record,
ter.]
what changes other members may
think necessary.

Mr. MCCLELLAND. Mr. President, the object which I had in offering this resolution is, I presume, the same as that of the gentleman on the other side, (Mr. FERRIS,) who has spoken in support of the view which I took. In the first place, I desired to make these suggestions to the committee. Now, sir, our various committees may not be prepared to act on all the different subjects appropriately belonging to them, without any advice on our part; and resolutions of this character going before the committees may sometimes afford them valuable suggestions. As

The question was taken on the resolution, and it was adopted.

APPOINTMENT OF STATE OFFICERS.

which was

POWERS OF GOVERNMENT.

Mr. FERRIS offered the following resolution:

Resolved, That the Committee on Bill of Rights, be instructed to inquire as to the expediency of inserting a clause to the following effect, viz:

All power of human government is inherent in the people. Officers of constitutional governments are agents; and they possess no powers which are not expressly granted. All other powers are reserved to the people.

The question was taken on the resolution, and upon a division, ayes 38, noes 16, it was adopted.

EXPENSES OF AUDITOR GENERAL'S OFFICE Mr. TURNER submitted the following resolution:

Resolved, That the Auditor General be requested to communicate to the Convention the average number of clerks that have been employed in his office during the years 1864, 1865 and 1866, (including his deputy,) and the total amount paid them annually for their services, including the amount paid them for extra work; also the amount paid in each of said years, for books, blanks and stationery; also the amount paid janitors or porters, and all other expenses incident to his office during each of said years.

Mr. THOMPSON. I wish to inquire whether the object of the gentleman in offering this resolution is to ascertain separately the amounts paid for extra work?

Mr. TURNER. My object is to get Mr. McCLELLAND submitted the the aggregate amount of the expenses following resolution, of the office, so that we may judge adopted: therefrom whether it is best to continue the office.

Resolved, That the Committee on State officers inquire into the expediency of giving to the Governor the power of appointing, by and with the advice and consent of the Senate, all the State officers..

APPOINTMENT OF JUDGES.

Mr. McCLELLAND submitted the

The resolution was adopted.

MESSENGER BOY FOR REPORTERS.

Mr. HOLT. I offer the following resolution:

Resolved, That the President be authorized

a matter of course, I do not claim that following resolution, which was adopt the reporters of this Convention.

ed:

NUMBER OF HIGHER JUDGES.

the propriety of having an odd number of
judges in the highest branch of the judiciary,
instead of an even number, as required by
the present Constitution.

such will be the case in this particular
instance, because this subject was fully cial Department be instructed to inquire into
Resolved, That the Committee on the Judi-
discussed in the Convention of 1850. the expediency of granting to the Governor
But, sir, the objection which the gentle- the power of appointing, by and with the ad-
man from St. Clair, (Mr. CONGER,) vice and consent of the Senate, the judges of
urges will, I think, fall to the ground the higher courts of the State.
when it is remembered that every reso-
lution presented here must go upon Mr. McCLELLAND offered the fol-
the journal; and I think the gentleman lowing resolution, which was adopted:
will find, before he has been here many Resolved, That the Committee on the Judi-
days, that he cannot, with all his pru-cial Department be instructed to inquire into
dence and sagacity, prevent gentlemen
from getting up here and offering res-
olutions. That is impossible. And if
the gentleman will consult the journals
of both our previous conventions-if
he will consult the journals of Congress,
and, I think, of the different State
Legislatures-he will find that for
some days after the appointment of
the committees, resolutions of this
character are invariably entertained
and adopted, if they are not positive in
their form. I have avoided making
my resolution peremptory; it is merely
an instruction to the committee to in-without a vote.
quire into the propriety of a certain The motion was not agreed to.

NEWSPAPER PUBLICATION OF LAWS.

boy for

I desire to say a word in support of this resolution. We of course desire that the reporters of the press shall make fair and impartial reports, and in order that they may do this it is proper that they should have all necessary means and appliances. One of these, it seems to me, is a messenger boy, one whom they can control, one who shall be understood to be their messenger, to do their bidding and nothing else. It is true, there are a number of messenger boys already;

but their labors will soon be considerably increased, and we have appointed only so many as we supposed the memMr. MCCLELLAND offered the fol-bers of the Convention and its officers lowing resolution, which was adopted: would require. It seems to me but Resolved, That the Committee on the Leg- right that an additional messenger boy islative Department inquire into the expedi- should be at the disposal of the reportency of providing for the speedy publication, in at least one newspaper in each judicial disers of the press. It is for our interest trict, of all laws that may be ordered by the and the interest of the public that a Legislature to take immediate effect. fair and impartial report should be made, and I think it no more than right, no more than courteous, that the reporters should have a messenger at their disposal.

Mr. BURTCH. I move that all resolutions of this character be referred

Mr. NINDE. I move to amend the

resolution so as to provide that one of the messengers already appointed be assigned by the President, to the service of the reporters.

re

Mr. HOLT. As I understand, for

both.

"That William Blair Lord, of New York, ascertain who compose the different and David Wolfe Brown, of Philadelphia, be committees. Many copies will be used appointed and employed as official reporters of this Convention, to make verbatim reports for the purpose of disseminating this of all its debates and proceedings, they to information over the State. If only employ all needful assistance," etc. two hundred copies be furnished, these will be exhausted in a few days, or at farthest in a few weeks, and the members of the Convention will be left without a single copy.

amendment, and on a division, ayes
The question was taken on the
21, noes 36, it was not agreed to.
The resolution was then adopted.

Mr. BLACKMAN. I do not know Here is a contract, and it seems to that I understand correctly the object me this resolution proposes to change it. Mr. LEACH. Mr. President, I am of this resolution. This additional messenger is, according to the lan- one of those who voted for the appointguage of the resolution, to be "for the ment of these two gentlemen as our reMr. WITHEY. Mr. President, I porters. I believe we did a judicious can see no use whatever in printing reporters of this Convention." But the gentleman offering the resolution act when we made that appointment. 500 copies of these lists of committees. has in his remarks spoken of the " I believe that we made a fair contract If 200 copies be furnished there will porters of the press." I would like to with them, and have agreed to pay be two for each member, and it seems understand whether this messenger is them a liberal compensation for their to me it would be very singular if all to be for the reporters appointed by to be for the reporters appointed by services. I believe, moreover, that we the copies should be lost in a few days. this Convention, or for the reporters have already a sufficient number of The journal will be sent by members of the press, or for both. messengers, so that these reporters can to their friends throughout the State, command the services of a messenger who can thus obtain all the desired whenever necessary. I think that the information as to the members compeople of this State, if they should posing the various committees. I see Mr. BLACKMAN. I wish to make learn that a ninth messenger had been no propriety in the amendment. one further inquiry-whether the re-appointed by this Convention, would porters appointed by this Convention begin to wonder what we are going to have expressed a desire to have such do with so many. They will perhaps a messenger-whether they have inti- expect that by-and-by each member mated that they require assistance of will have a messenger appointed for his own convenience. I think, Mr. Mr. FERRIS. In answer to that President, we have carried this thing inquiry, I will state that the reporters far enough; and unless some other have spoken to several of us in regard gentleman desires to discuss the resoto that matter. They state that du- lution, I will move its indefinite postring the proceedings they frequently ponement. do not understand distinctly a motion. Mr. LONGYEAR. I wish to make which is made, and that they are a single remark. There seems to be under the necessity of immediately some misunderstanding here with resending to the gentleman making the gard to what reporters are referred to motion a slip of paper asking him to in the resolution and in the discussion. return to them a statement of the pre- I understand from the reporters of the cise proposition which he made; that Convention that they have not requestwithout this assistance their records ed and do not desire the appointment would be incomplete and incorrect. of a messenger for their use. This They further suggest that they are resolution, I suppose, is designed for frequently obliged to make that kind the benefit of the reporters of the press. Mr. LEACH. I now move that the resolution be indefinitely postponed. The motion was agreed to.

that kind.

LIST OF STANDING COMMITTEES.

USE. OF THE LIBRARY.

Mr. STOUGHTON offered the following resolution, which was adopted:

Resolved, That the State Librarian be retion, to retain in the library rooms at least quested, during the sitting of this Convenone copy of all books and documents properly belonging thereto, except when required for reference during the debates of this Convention.

PROGRESS OF COMMITTEE BUSINESS.

resolution:
Mr. INGALLS offered the following

Convention cannot be reached until some of
Whereas, The substantial work of this
the various committees have reported to this
Convention; therefore,

to use all the diligence compatible with a
Resolved, That all committees be requested
proper examination of the subjects commit-
ted to their consideration, to furnish this Con-
vention with their reports at an early day,
with a view to bring the substantial work of
the Convention before it, with as little delay
as may be.

The question was taken on the resoMr. ALDRICH. I offer the follow-lution; and on a divison-ayes 15, ing resolution: noes 22-it was not agreed to.

POSTAGE OF MEMBERS.

Mr. HENDERSON. Mr. President, I move to take from the table the substitute offered by the gentleman from Monroe, (Mr. MORTON,) for the resolution offered by myself relative to postage.

of communication with the Secretaries. I think gentlemen must see that the reporters of the press cannot do justice to themselves or to the members on this floor, unless they have a messenger at their service, whether that messenger be designated from among those already appointed, or an ad- Resolved, That the Secretary procure two ditional one be appointed. If the mes- standing committees,- for the use of the Conhundred printed copies of the list of the sengers already appointed are suf-vention. ficient in number, for us and for the Mr. P. D. WARNER. I had drawn reporters too, I should certainly be in a resolution of the same character as favor of having one of those messen- this, proposing, however, five hundred gers designated for the assistance of copies instead of two hundred. Imove the reporters. If not, then I am in to amend this resolution by striking favor of the appointment of an ad- out "two," and inserting "five." ditional messenger for this purpose. In justification of this amendment, I Mr. WRIGHT. It seems to me, wish simply to say that any person Mr. President, that this proposition who has had experience in legislative Resolved, That the word "docnment," in comes in direct conflict with the reso- bodies, must be aware of the necessity the resolution passed by this Convention on lution reported from the committee that each member should at all times the 17th inst., relative to postage, shall be appointed to consider the subject of have within his reach a list of the stand-bates" of the Convention, and that no other construed to mean the “journals" and "dereporting, which resolution was adopt-ing committees of the body. Not only mail matter shall be deemed within the scope ed by the Convention, as a contract are these lists needed for the accom- of the resolution.

The motion was agreed to, there being on a division-ayes 40, nays 14. The resolution offered by Mr. HENDERSON was read as follows:

between the Convention and the re-modation of the members, but their The substitute proposed by Mr. porters. That resolution provides- friends outside are often desirous to MORTON was read as follows:

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Resolved, That the resolution heretofore adopted, requiring the Postmaster of the Convention to pay postage on all documents and journals sent by members, be and the same is hereby rescinded.

By the rules of the House of Repre- is presumed to have expressed what it sentatives, under which we are now wishes to be done. If it were admisacting, a motion to reconsider must be sible to offer continually, motions promade no later than the day succeed- posing a change of what has been Mr. HENDERSON. Mr. President, ing that on which the action in ques- already determined, we should never in offering this resolution, I remarked tion was taken, though by the rules know when the body had reached a that I felt some degree of indifference which we expect to adopt, three days conclusion on any subject. The usual in regard to the disposition which will be allowed for the making of such parliamentary motion, when it is demight be made of it; and the same a motion. It appears to me that this sired to rescind action previously taken, feeling will prompt me now to refrain substitute, which is substantially a mo- is a motion to reconsider. Such a mofrom any discussion of the subject. I tion to reconsider the resolution al- tion, if adopted, changes the conclusion will simply remark that I made the ready adopted, is not in order as an of the body or in effect rescinds what motion to lay on the table, not in con- amendment to the resolution of con- has already been agreed upon. The sequence of any opposition to the sub-struction now pending; because, while only question here is as to the proper stitute, but rather in pursuance of the this resolution is before the Conven- method of reaching the result, not as suggestion of the gentleman from St. tion, a motion to reconsider another to the power of the body to retrace its Clair, (Mr. CONGER,) that it would be resolution, already adopted, would not steps. better to defer the consideration of the be in order. subject until we could have a full vote upon it. I have moved to take it up at this time that we may dispose of the question.

Mr. WILLIAMS. Mr. President, Mr. MUSSEY. Mr. President, it is I am in favor of the adoption of this possible that the gentleman from substitute; and it seems to me that it Washtenaw is correct in his view of is the only proposition on this subject the question of order, but I must con- which this Convention can now propMr. NORRIS. I rise to a point of fess that I fail to see the force of his erly entertain. It certainly is clearly order, which is, whether the substitute position. As I understand, the ques- in order. Even if a motion to reconoffered by the gentleman from Monroe tion now before the Convention is on sider could now be made, it seems to (Mr. MORTON) is in order? It pro- the adoption of the substitute proposed me that the adoption of the substitute poses, in effect, a rescinding of the for the resolution by the gentleman is decidedly the preferable mode of resolution already adopted by the from Calhoun, (Mr. HENDERSON.) The reaching the object desired. I underConvention; and that, I submit, can- substitute proposes in effect to rescind stand that a number of members have not be reached except by a reconsid- or repeal the rule or resolution that already availed themselves of the eration, which has not been had. was adopted by the Convention in re- benefits of the original resolution. If Mr. MORTON. Mr. President, I gard to postage. The gentleman from that resolution be now rescinded, have nothing to say in support of the Washtenaw, in raising his point of the effect would be simply to disconsubstitute, in addition to what I have order, claims, as I understand, that we tinue for the future the privilege which already said. If it be not adopted, I cannot rescind a resolution already some members have been exercising. hope the Convention will fix upon a adopted by the Convention. On that But if a motion to reconsider should specific sum to be allowed to each point, I must beg to differ with him. prevail, it might raise a question as to member for postage. As the matter It seems to me a most singular posi- the authority of the State to pay the now stands, some members buy stamps tion to maintain that we have no right postage on documents already carried and pay their own postage, while others to repeal a rule or resolution once out through the mails under that resocall upon the Postmaster to relieve adopted. lution. If we simply repeal or rescind them of this expense. If we have I hope, sir, that the substitute now the resolution, no such question arises. postage to pay, a fair way to do would pending will be adopted, and that the I am in favor of the substitute as it be to allow to each member a certain resolution providing for the payment stands; and I think it raises a very amount for that purpose. of the postage of members of the Con- distinct question from the motion to In reference to the point of order vention will be rescinded. I desire reconsider. raised by the member from Washte- that this shall be done for many reaMr. STOUGHTON. Mr. President, naw, (Mr. NORRIS,) that gentleman is, sons. In the first place, it is right in I desire to call the attention of the I suppose, aware that the resolution itself. More than that, sir, I believe Convention to a single fact, which already adopted cannot be reconsid- that unless this be done, the time ered at this late day. Besides, sir, if which will be spent in the discussion propriety of offering this substitute, seems to my mind to show clearly the I remember correctly, it is very cus- of this subject during the next two rather than making a motion to recontomary in legislative bodies to offer weeks will cost the State more than sider. It will be recollected that the resolutions rescinding action previously five times as much as all the postage. original resolution was acted upon on taken. This has frequently been done Several times I have known resolutions original resolution was acted upon on of this character to be adopted by leg-adoption Friday last. in the Legislature of Michigan. Subsequently to the If the substitute be not adopted, islative bodies in this State. They in- adoption of that resolution, the following proceedings took place, as gentlehope that the mover of the original variably proved a constant source of men will find by reference to page 10 proposition will so word it as to fix annoyance, and were finally repealed. of the journal: upon a specific sum which members I hope this question will be forever draw for postage. Let members put at rest, by the adoption of the submay be all subject to the same limitation. stitute, thereby rescinding the original Mr. BIRNEY. I think, Mr. Presi- resolution on this subject. dent, that the point of order raised by Mr. BIRNEY. I do not understand the gentleman from Washtenaw (Mr. that, in raising this point of order, it is NORRIS) is well taken. The resolution intended to deny the power of this already adopted, was adopted on last body to rescind its previous action by Friday. There was no business day the adoption of a motion to reconsider. intervening between that and Monday, But, sir, when a body like this has when this proposition was offered. adopted a resolution on any subject, it

I

by which the resolution relative to postage "Mr. Birney moved to reconsider the vote. was adopted;

Which motion did not prevail."

It thus appears that the motion to reconsider has already been made and disposed of; and as I take it, the only mode of reaching the result which some of us desire is to rescind or repeal the resolution already adopted.

Mr. BIRNEY. I think it perfectly

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competent to renew the motion to reconsider on a subsequent day.

Mr. BIRNEY. The point raised by Legislature, calling it into being. I the gentleman from Shiawasse, (Mr. lay that down as a fundamental prinMr. PARSONS. I understand from PARSONS,) is raised under the rule of ciple to which I yield the assent of my the remarks of the gentleman from St. the House of Representatives under judgment; and I think it will not be Joseph, (Mr. STOUGHTON,)-I have which we are now acting, and not un- questioned by any member of this not examined the journal myself that der the rule read by the gentleman body. If these premises are correct, a motion to reconsider the resolution from Oakland, (Mr. VAN VALKEN- what right has this Convention to relative to postage has already been BURGH,) which has not yet been adop- authorize the payment of postage on made and negatived. Now, I would ted. The rule of the House requires a documents or other mailable matter inquire of the Chair, and of gentlemen motion to reconsider to be made "on sent off by the members of this Conwho have had experience in legislative the same or next succeeding day." vention? There is no such provision proceedings, whether that does not The rule which we expect to adopt al-made in the law authorizing the condispose of the question-whether the lows three days in which to make the motion to reconsider can be renewed, motion, providing only that when once either directly or indirectly? When a made and lost it shall not be renewed motion or resolution is adopted, and on the same day. As I understand it, subsequently a motion to reconsider is the question is not now whether we made and is negatived, the Convention, have the right to give a construction I take it, cannot go back and re-open to a resolution which we have adopted, the question. It appears to me that a but whether the motion now pending

motion to rescind is the same in effect is a correct motion. as a motion to reconsider.

upon

vening of this Convention for anything of that kind. The only provision of the law bearing upon that question, which I have been able to find, is in these words:

"And the Convention may furnish its members with such books, papers and stationery, as are now allowed by the Constitution to the members of the Legislature."

Now, I do not conclude that this Mr. FARMER. I apprehend that I am in favor of this resolution of resolutions passed by this body are body is a legislative body; that it is construction. It appears to me per- not like the laws of the Medes and authorized by means of resolutions or fectly proper that this Convention Persians, unalterable. I suppose we otherwise to call upon the State Treasshould express its views as to the effect are fully competent at any time to re-urer to pay any bills that it may contract or authorize, which are not proof the resolution, if there is any misun- scind any resolution which we may derstanding on that point. have adopted. We can, therefore, re- vided for by the act of the Legislature. The various State Legislatures frescind the resolution in regard to post-It appears to me that the Convention quently pass laws giving a construction age at this time, or at any time during has no more power to authorize the payment of postage upon matter sent to laws previously passed. Congress the session. by members of the Convention, in conflict with the express provisions of the Constitution under which we are acting, than it has to say that its members shall receive five or ten dollars per day for their services, when the law fixes "In point of form, the rescinding of a vote is the matter of a new question, the their compensation at four dollars per form being to read the resolution of the House day. I presume there is not a member and then to move that it be rescinded; and thus the same question which has been al-upon this floor who will contend that ready resolved is not again offered, although we can in any way authorize the payment to ourselves of a higher rate of The PRESIDENT. The Chair is of compensation than four dollars per the opinion that the object gentle- day. And if we cannot increase our men appear to have in view can be compensation, because it is limited by accomplished, either by a motion to the law that called us into being, and suspend the rule, which requires the by the provisions of the Constitution motion to reconsider to be made on upon the subject, then we are not authe succeeding day; or by a resolution thorized to provide for the payment of to rescind the resolution. The Chair, postage upon mailable matter sent by therefore, overrules the point of order members of the Convention to their of the gentleman from Washtenaw, constituents. and decides that, according to the practice followed by the Legislature of this State, the substitute is in order.

its effect is annulled."

does the same thing. And I believe Mr. WILLARD. I see, by referring
that this Convention may now adopt to Cushing's Parliamentary Practice
a resolution putting its construction that it is competent for the House to
the resolution heretofore adopted. rescind a vote; and the reason given is
Mr. MORTON. I think members this:
will find that there is a vast difference
between a motion to reconsider and a
motion to rescind. A motion to re-
consider a matter is often made that it
may be further considered, and per-
haps amended and then adopted. It
is not necessarily a motion hostile to
the measure, while a motion to rescind
is. I know it has been the custom in
the House of Representatives of this
State to rescind resolutions after they
have been acted upon for some time,
when it was found that they did not
operate as was expected. For instance,
a resolution would be adopted to per-
mit the use of this Hall for the purpose
of a lecture, or a meeting of some kind;
the resolution is rescinded and the
permission withdrawn. The motion to
rescind, and the motion to reconsider,
are not equivalent motions at all.

Mr. VAN VALKENBURGH. We have a rule which decides this question, I think. I refer to the 27th rule, which is as follows:

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Mr. P. D. WARNER. I may as well say now as at any other time, so that I may not be called upon to repeat the declaration hereafter, that I am not a legal man. In regard to legal matters I am inclined to take the “No motion for reconsideration shall be in common sense view. Some of us have order, unless within three days after the been furnished recently with some indecision proposed to be reconsidered took formation in relation to the powers place. A motion for reconsideration being and privileges of Constitutional Conput and lost, (except in the case of privileged motions,) shall not be renewed on the same ventions. I have come to the conclusion-in accordance with my former The inference is that it may be re-judgment that this Convention is in newed on a future day. It seems to possession of no powers that were not me that rule decides the question. conferred upon it by the act of the

day."

There is another question somewhat It is this: perplexing to my mind. The payment of this expense is not to be made from the treasury of the State upon a resolution of this Convention. If it is paid at all, it must be after it has been audited and passed upon by the board of auditors. That board is constituted of the Secretary of State, the State Treasurer, and the Land Commissioner, if I recollect rightly. They must, upon their oaths, act in conformity with the provisions of law. And when this bill shall be presented to them, the first question which will arise in their minds will be-what is the law authorizing this expenditure? Now, it is not authorized by the stat

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