Page images
PDF
EPUB

On motion of Mr. ORR,

[ocr errors]

Resolved, That the committee on banking and other corporations, except municipal, be instructed to inquire into the expediency of reporting a constitutional provision making the stockholders in such corporations individually liable for the term of one year after they cease to become such stockholders.

On motion of Mr. MOORE,

Resolved, That the committee on the legislative department be instructed to inquire into the propriety of settling contested elections in their respective counties and districts, and save the expense of coming before the legislature with such disputed claims.

Mr. VAN VALKENBURG offered the following:

Resolved, That one hundred and twenty copies of the manual of this Convention be bound in the same form and of the same material as the manual of the legislature of this state at its session of 1850.

Mr. J. CLARK moved to lay the resolution on the table, which was not agreed

to.

Mr. BUSH moved to adjourn, but the Convention refused to adjourn.

The resolution, as offered by Mr. VAN VALKENBURG, was then adopted by yeas 47, nays 39.

On motion of Mr. HASCALL,

Resolved, That the committee on exemptions and the rights of married women be instructed to inquire into the expediency of abolishing all laws for the collection of debts under a limited amount.

Mr. WELLS moved that Mr. WITHERELL be excused from serving on the committee on the punishment of crimes; but the motion to excuse was lost.

The President announced the following committee on the invitation of clergymen, &c.: Messrs. RAYNALE, J. D. PIERCE and WEBSTER.

On motion of Mr. COOK,

PETITIONS.

By Mr. FRALICK: of E. J. Penniman, D. H. Rowland, Bethuel Noyes, and 400 others, of Wayne county, in favor of biennial sessions of the Legislature, of limit-ed duration, and single districts for Senators and Representatives, and county boards of supervisors, dividing counties when required into Representative districts.

Referred to committee on the legisla tive department.

Mr. VAN VALKENBURG presented the petition of Hiram Barrett and 41 others of Oakland county, embracing a variety of improvements and amendments to the constitution.

Mr. VAN V. said the propositions were so many and so various, that he was unable to designate the appropriate committee to which it should be referred.

Mr. McLEOD-I move its reference to the committee on miscellaneous provisions. It was so referred.

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 on the table.

The PRESIDENT announced a communication from Orville B. Dibble on the same subject.

REPORTS.

Mr. McCLELLAND, from the committee on rules, submitted the two following, to be added to the standing rules of the Convention:

RULE 37. Every article shall receive three several readings previous to its being passed; and the second and 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 direct otherwise.

RULE 38. No article shall be committed The Convention adjourned till Monday or amended unless it has been twice read. morning.

MONDAY, (7th day,) June 10. Prayer by the Rev. Mr. ATTERBURY. Journal of yesterday's proceedings corrected,

RULE 39. Every article when read a third time and passed, shall be referred to the committee on arrangement and phrase. ology.

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 the following:

ARTICLE

Division of the Powers of Government. Section 1. The powers of this government shall be divided into three distinct departments, the Legislative, Executive and Judicial,

Sec. 2. No person or persons belonging to any one 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 expressly provided for in the constitution.

Referred to the committee of the whole and ordered printed.

Mr. GARDINER, from the committee on printing, to whom was referred the resolutions relative to printing the proceedings and debates of this Convention, reported the same back to the Convention and recommended the following amendments, viz: Strike out of the first resolution, "one thousand copies," and insert "twelve hundred." Strike out of the 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 asked the concurrence of the Convention.

Which was agreed to.

Mr. STOREY proposed to amend by striking out the word "ten," and inserting "one hundred, to be deposited in the State library."

duced by the gentleman from Berrien, [Mr. BRITAIN,] in relation to the election of Speaker of the House of Representatives. It would be just as well that the President be elected in the same way, and for the same purpose, and for the reasons assigned by the gentleman from Berrien. The reasons were very cogent, applicable and proper for the House of Representatives-they would be equally applicable in favor of the election of Presidents of the Convention by the people.

The resolution was negatived.

Mr. FRALICK offered the following: Resolved, That the committee on the legislative department be instructed to provide for single representative districts in their report.

Which, on motion of Mr. VAN VALKENBURGH, was laid upon the table. Mr. AMMON BROWN offered the following, which,

On motion of Mr. CRARY, was laid upon the table;

Resolved, 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 formed, extended or renewed by special laws, but no such act of incorporotion, 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 On motion of Mr. BRITAIN, at such election for and against such law; Resolved, That the committee on print- and that but one act of incorporation, exing cause the rules this morning adopted tension or renewal of any corporation with to be printed with the rules. banking powers shall be passed during any Mr. WITHERELL offered the follow-one session of the Legislature. No such inge

Which was agreed to, and the resolutions as amended were adopted.

Resolved, That for the purpose of preserving the purity and efficiency of future conventions to revise the constitution, the committee on the legislative department be instructed to inquire 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.

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 Mr. WITHERELL said he introduced the just compensation to be made therefor, the resolution to accompany the one intro-shall be ascertained by 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. 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 proceedings, shall be paid by the person to be benefitted.

[ocr errors]

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 town ship, 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 the judicial department be instructed to inquire into the expediency of allowing any white male resident of this State, twentyone years of age, to practice as an attorney 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 on 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, 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 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 dilatory pleas and demurrers in all the courts of this State.

Resolved, That the committee on miscellaneous provisions be instructed to inquire into the expediency of a contsitutional pro-ing: hibition against the employment of State prisoners in those branches of mechanical labor which interfere with mechanical trades in this State.

Mr. VAN VALKENBURGH offered the following:

Resolved, That the committee on the legislative 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.

[blocks in formation]

Mr. BEARDSLEY offered the follow

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.

Mr. CROUSE proposed to amend by adding after the word "single" the words "and married," which was accepted by the mover.

The resolution was not adopted.
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 ing first made.

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 the Legislature shall pass no retrospective laws.

On motion of Mr. BACKUS,

be-pelled to pay. This was merely a resolution of inquiry, and he did not wish to go far on the present occasion in discussing the question. There was one point he would mention. It would supersede all the protracted discussion which arises and has arisen on applications to the Legislature for the payment of doubtful claims. To the bonds of the State it does not go. He would take some other opportunity of stating his views on the subject.

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.

Mr. WITHERELL would make a single observation. The Legislature would be always able to provide, whenever a case should be made out and a claim established. The report of the committee in favor of such a proposition would give it additional security and strength. The establishment of such a provision might bring the State under the liability of paying the balance of the five million loan. Though the parties holding the bonds have no equitable, they may have a legal claim. It has always been left for the Legislature to provide for the exigency of any case.

Mr. BACKUS-The resolution calls upon the committee to consider, and if necessary, report on a state of facts with which every member must be familiar to inquire into the propriety of allowing suits to be commenced against the State, where citizens have just and legal claims, instead of requiring them to resort to the Legislature with their petition of right, subjecting their claims to postponement from session to session, sometimes without obtaining satisfaction and redress. He (Mr. B.) saw no objection that the State be subject to the course of proceedings that citizens and corporations are subject to. If the State owe just debts, let the State be com

Mr. WITHERELL was afraid of some Galphin claim coming up. He did not wish to see such claims as that galvanized. He did not feel disposed to go into an extended argument to show why this should not be inquired into. If such a principle were adopted, and the State were liable to be sued at all times, suits against the State would be as plenty as blackberries. The State has never shown a disposition to do injustice to claimants. Claims have been fairly examined, and appropriations made for their payment; and several hundreds of thousands of dollars have been paid out of the treasury on claims adjudicated which it would have been difficult to establish in a court of law.

The resolution was adopted.
On motion of Mr. O'BRIEN,

Resolved, That the committee on exemptions, &c., be requested to inquire into the expediency of exempting the prop erty of every individual, to the amount of five hundred dollars, from sale on execution or other process of law or equity.

On motion of Mr. ALVORD,

Resolved, That the committee on the judiciary be instructed to inquire into the expediency of abolishing the court of probate.

On motion of Mr. TOWN,

Resolved, That the committee on county officers and county government be instructed to inquire into the expediency of uniting the offices of county clerk and register of deeds in one office, and of reducing the fees of both.

On motion of Mr. S. CLARK,

Resolved, That the committee on education be instructed to inquire 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 elec

tive franchise be instructed to inquire into the expediency of prohibiting duelists and persons guilty of betting on elections from exercising the right of suffrage.

On motion of Mr. SKINNER, Resolved, 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 repsentative districts,) as, in their opinion, will best suit the convenience and wants of the people 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 hundred copies of the daily journal 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 from whose decision there may be an appeal to the supreme court.

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.

Referred to the committee of the whole. Mr. CHAPEL offered the following: Resolved, That in the opinion of this Convention, no member is entitled to his per diem, unless his name appears daily upon the journals of this Convention. Sickness only excepted.

Mr. WITHERELL-Does that provide for cases where leave of absence is granted?

Mr. McLEOD moved to amend by adding, "and when not excused by the Convention." If [said Mr. McL.] we have to send our chairman of committee of supplies repeatedly to Detroit for stationery, it would not be right to deprive him of his per diem allowance.

Mr.

The names of members do not

[blocks in formation]

On motion of Mr. WILLIAMS, On motion of Mr. DANIELS, Resolved, That the committee on the Resolved, That the committee on pun-judicial department be instructed to report ishment of crime be instructed to inquire a provision for the new constitution, authointo 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 inqire 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

rizing the Legislature to establish courts of conciliation, with powers and duties prescribed by law, whose jurisdiction shall be coextensive with organized towns; and after such courts shall have been established for seven years, to create similar courts of 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 further instructed to inquire into the expediency of having all lands escheat to the

« PreviousContinue »