rights of society; but an individual has no right to take his life, or that of another. If, then, individuals cannot give that right, how can the community have that right? It cannot be taken except by that which is beyond that right, the law of self-preservation. Two armies meet, and much blood is shed; but if one is the conqueror, takes a portion of the other prisoners, and murders them in cold blood, the whole civilized world is shocked at the atrocity. Well, look at the laws of the State. One man is at war with the community. He is under their control. Yet they take him, and publicly execute him. They violate the solemn Covenant: "Thou shalt not kill." You have not the right to kill him; it cannot be delegated, for it does not exist. Human life is inviolate. He gave and He will take it away. I am not in favor of having him what the gentleman from Calhoun calls "used up," for it is not in accordance with the principles of justice and humanity.

The gentleman from Jackson thought it would endanger the constitution. If gentlemen had been as careful upon other subjects, it would probably have been as well for the interests of the people of the State. The gentleman from Calhoun has been much interested in placing in this constitution a large exemption law. Yet he said not a word then about the danger of the constitution, while voting for a measure that was in direct conflict with the vital interests of a large portion of the people of the State. On that and some other questions, there is danger of public sentiment. This is a matter of mere expediency alone, for it is now a part of our law.

Some great questions have been so tied up that no legislative action can be had upon them. I am in favor of this measure; although in one sense I have but little reason to care, for I firmly believe that it is as permanently fixed in this State, as the constitution of the State itself. I think that it is a beneficial provision-that it is humane--that we should not take the attributes of Divinity-that we should recollect that He who made us is a God, long suffering and gracious, abundant in mercy

and truth.

Mr. BAGG--I rise merely to give a reason why I shall vote against indefinite postponement upon this subject. I am in

favor of this, because I believe that vengeance belongs to a higher power, and there it ought to be left. When we had capital punishment by law, we must remember that the attempts to try criminals has cost this State a great deal of time and a great deal of money. Public sentiment is so opposed to life being taken, that I shall vote for it being placed in the constitution; and as far as the question of its acceptance by the people is concerned, it matters not to me whether it is received or not. I have but one guide; that is the dictate of my own judgment. What I think right to be placed in the constitution, for that I shall vote.

Mr. McCLELLAND-I do not rise to present an argument for or against capital punishment. I have no doubt that those who wish it inserted in the constitution act from pure motives; from feelings of the highest humanity. But I would submit to them whether the law now in force is not sufficient to answer the purpose; or whether there has been any indication on the part of the people to repeal the law. Again, I would submit whether cases may not arise in which it would be absolutely necessary to take human life. The contingency may never occur; but we may have insurrection or war, rendering it absolutely necessary to be taken away. It is better to leave this to legislative action. It is now the law of the land; and until it is fully tested, I would give the people power to rescind it or not.

Mr. WOODMAN asked five minutes time of the Convention. The committee of six who reported this article were uanimous in their opinion respecting the abolition of capital punishment. We consider we have not been treated with the respect that has been given to other committees. We have taken but little time in this Convention making speeches, and we want this question brought up--we want to record our votes, and we ask it as a privilege. I ask the gentleman from Wayne to withdraw his proposition, that it may not be indefinitely postponed.

Mr. McCLELLAND-When I vote for or against an indefinite postponement, L consider that I am voting for or against the article. I believe it is so understood. The gentleman appears to censure the members. I do not see with what reason.

Mr. WOODMAN-I do not censure the gentleman from Monroe. But it is an important question, and I claim that the committee be treated with due respect.

Mr. LEACH-I do not wish to insert capital punishment in this constitution, as there is no probability that the law on the subject will be changed. I am therefore content that the law shall stand as it now does.

Mr. COMSTOCK thought that the question of capital punishment sustained a relation at the present time that imprisonment for debt did a few years ago. The latter question was settled by the advancing intelligence of the age, and he had no doubt that the former would be in a similar manner. He wished to record his vote

in favor of its abolition.

Mr. WILLIAMS was in favor of the abolition of capital punishment; but did not want it placed in the constitution.

Mr. GALE-It seems rather fashionable for gentlemen to give their opinions, and I hope the Convention will hear me. I shall vote for this principle. My mind is made up on this subject, and I shall vote for it; and although I wish the subject had not come up at the present time, and think, with others, it has come up with a great deal of impropriety at the present time, yet I always wish to record my vote in favor of the principle. A man cannot delegate that which he does not possess himself. He cannot delegate the right to take his life, either to another person or the community; neither is it necessary to take the life of a criminal by way of punishment. Mr. KINGSLEY said-It may not be understood by all the Convention that there is still one crime recognized by the laws of this State, the commission of which is punishable with death. It is the crime of treason against the State. That crime has never been committed within this State, yet it may be committed. Within the next sixteen years we may be engaged in a war with England--we are near her possessions. In such a war, which is not at all impossible, we may find in our midst those who will aid the enemy; traitors who may aid in the war against us. They may be so numerous that the state prison would not hold them. It may then be necessary to put in force the law we

have.

The law, as it now exists, is a mere experiment. There is no danger of its alteration, unless there should be a necessity for it. Catharine of Russia abolished capital punishments by law. The law remained in force for twenty years, but necessity compelled her again to resort to capital punishments to check the increase of crime in her dominions. Boccacio, on crimes, furnishes this piece of history.

No one will vote against the constitution we are framing, if we leave out this provision. Many men may be induced to vote against it, if we insert it. I am willing the law shall remain as it is. It never will be altered unless the public good requires it. Public sentiment does not require us to adopt this provision. We should not adopt propositions of doubtful utility, which are not called for. Indeed, the principle proposed to be engrafted here, is not so fully established to be right, as to entitle it to a place in the fundamental law of the State.

Mr. CORNELL conceded the principle, but hoped as it was on the statute it would not be placed in the constitution; there might a contingency arise that might make it necessary to take life; he hoped not, but it might occur.

Mr. N. PIERCE-If the Convention does not postpone, I wish to amend the report of the committee.

Mr. AXFORD moved the previous question, but the call was not sustained.

The yeas and nays were ordered on the motion to postpone indefinitely, and the result was as follows:

YEAS-Messrs. P. R. Adams, W. Adams, Axford, Alvord, Anderson, Beardsley, Ammon Brown, Butterfield, Carr, Chandler, Choate, Church, S. Clark, Conner, Cornell, Danforth, Fralick, Gibson, Green, Hanscom, Hart, Harvey, Hascall, Kingsley, Leach, Lovell, McClelland, Moore, Mowry, Roberts, Robertson, E. S. Robinson, Skinner, White, Whipple, Williams,

President-37.

NAYS-Messrs. Bagg, H. Bartow, Britain, Asahel Brown, Bush, Comstock, Cook, Crouse, Daniels, Dimond, Eastman, Eaton, Gale, Lee, Morrison, Mosher, Newberry, Orr, N. Pierce, Prevost, Rix Robinson, Soule, Storey, Sturgis, Town, Warden, Webster, Woodman-28.

So the article was indefinitely postponed.

will leave the specific taxes and all others, where they properly belong, and as heretofore provided by law. It makes a general obligatory provision that the interest of the entire State debt, including the interest on the debt to the different educational funds, shall and must be paid from year to year.

If any deficiency should occur in any year, in the payment of the interest of the entire State debt, including the amount set apart for a sinking fund, and the current expenses of the State, it makes it obligato. ry upon the Legislature to levy an additional tax the ensuing year, to make up said deficiency. If this course is adopted it will not only make ample provision for the payment of the indebtedness of the State, and the interest thereon, together with the expenses of the State, but will also give the people of the State the satisfaction of knowing that their faith has been kept inviolate to their creditors; and which would not be the fact if the section as it now stands in the article is retained; as by that the specific taxes would be diverted from the fund to which they have been heretofore pledged by the State.

After the State debt is paid, I have no objection to the Legislature's appropriating the specific taxes in any manner they shall judge the best interests of the State will be promoted; but, until that debt is paid, or the amount other than that owing to the educational funds, is paid, I consider the faith of the State pledged not to divert these taxes, more particularly the specific taxes upon the rail roads in the State, from the payment of both principal and interest of said debt. And, in my opinion, any such diversion as anticipated in the section I propose to strike out, would be a violation of the faith of the State.

It is provided in the second section of this article that a sinking fund shall be formed for the purpose of paying and extinguishing the principal of the State debt. I want this substitute adopted, so that the Legislature may not be precluded from using all the ordinary means of the State, as well as the power of raising a direct tax for the purpose of discharging the calls upon the treasury of the State, as provided in the substitute, and for the forma tion of said sinking fund; which they cannot do if the section as it now stands in

the article is not amended or stricken out. This question was discussed at length in the committee whose chairman reported the article, and the principles of the substitute were agreed to by a majority of the committee, as I understood; and myself, as well as others of the committee, were surprised and disappointed by the manner in which the chairman drew up the first section of the article in his report; and it is my opinion, had the section been drawn containing the principles of the substitute, it would have saved two days of the time of this Convention; as I am confident this Convention will never adopt this article unless the main principles of the substitute are inserted, and thereby secure the faith of the people of the State from jeopardy or violation.

Mr. WHITE—I am at a loss how to proceed. When we look at the subject, and see the various projects that emanate from the chairman of that committee, it throws a doubt over my mind whether we are proceeding correctly or not. I wish to act in this matter understandingly. I wish to act for the best interests of the people of

the State.

I think that, as the fourth proposition has come from the gentleman, the proper way will be for him to give us some data to act upon; that we may not thus vote in the dark. I would ask if he has made no examination with regard to the resources of the State; what they are, what they will be? We have seen no statistics-no means of obtaining correct information; and I deem that information essential to every member in this Convention.

I want to vote understandingly on a matter of this vital importance. The good faith of the State depends upon our action. If the chairman of this committee is not prepared to sustain his positions, I hope the Convention will take some other course with respect to this matter.

Mr. FRALICK-By the amendment made by the delegate from Berrien, the entire amount of specific taxes, now and hereafter to be collected, will go into the primary school and university funds; and those taxes will be diverted from the purposes to which they have been heretofore pledged, and the whole amount of the deficiency will have to be made up by a direct tax, as the amendment provides that

these specific taxes shall be distributed from year to year, with the regular proceeds of the school fund: which taxes will undoubtedly increase to a large amount in i a few years, but will afford, under this amendment, no adequate relief to the tax payers of the State. For they will have been diverted from their proper course, the general fund, and the whole amount of the interest on all the State debt, the amount set apart for a sinking fund, together with the current expenses of the State, will have to be made up by a direct tax upon the property of the people of the State. This will make a very heavy direct tax; and if the people complain, as most assuredly they will, they cannot correct the evil without an amendment to the constitution. For these, and many other reasons I might assign, I am opposed to the amendment, or of diverting these specific taxes from the fund where they properly belong.

Mr. CHURCH proposed the following substitute for the one reported by the committee:

"All specific taxes, save those received from the mining companies organized in the upper peninsula, shall be applied in paying the interest upon the State indebtedness; and to the payment of said indebtedness, (save that in favor of the several educational funds,) until the full extinguishment of said State indebtedness, at which time the said specific taxes shall be added to, and forever constitute a part of, the proceeds of the primary school fund."

Mr. C. said-This substitute differs from others in appropriating to one purpose these specific taxes, for the payment of the interest and principal of the State indebtedness, that was contracted for the purpose of prosecuting the internal improvement of the State.

If the general fund has run in debt to the school or university fund, it can be otherwise taken care of. If there is a debt which we are bound to hold in particular regard, it is the debt contracted for internal improvments. This is all that I think necessary. I do not want it encumbered with other provisions. I think in its present shape it is more intelligible and di

rect.

Mr. CHURCH-It makes a distinct provision for a debt that we have incurred by an attempt at prosecuting a magnifi cent system of internal improvements, and it leaves the indebtedness of the general fund to take care of itself. The Legislature can make provision for that; but I want the specific taxes, except those I have reserved, distinctly applied to the payment of the State debt. My object is to have a plain, simple, direct proposition to effect that object.

Mr. CORNELL would inquire why the specific taxes in the upper peninsula should be excepted?

2

Mr. CHURCH-It is small at present, and is, if our information is correct, needed for the support of the town and county governments. That being the case, they should be returned in the manner that the Legislature thinks best. They may appropriate it in part, or to such counties as may need it the most.

There has been a demand for a separate organization in the upper peninsula; what kind of government does not yet ap pear. They may need a distinct sum given for the purpose of internal impovement. The canal around Saut Ste Marie may yet become a State work. It is but a small sum, and there are various considerations that suggest the propriety of leaving this matter apart from the other specific taxes. It would not swell the amount much larger in the aggregate sum; while, by including it with the rest, we may be committing gross injustice to the people of the upper peninsula.

Mr. BRITAIN-I see an objection to the principle of a separate arrangement for the people of the upper peninsula. Gentlemen will always find me willing to do what is right with regard to the people of the upper peninsula; but in establishing a general rule I cannot except them. They are entitled to as much attention as other portions of the State, and no more. If charters exist in the upper peninsula that are detrimental to their interests, the evil may be remedied some other way; but when we are legislating for the people of the State of Michigan, let us legislate

for the whole State.