State, &c., Mr. MCCLELLAND in the chair. Į On motion of Mr. ROBERTSON, all after the word "resolved" was stricken out.

On motion of Mr. WALKER, the committee rose, reported the resolution back, recommending that all after the resolving clause be stricken out.

On motion of Mr. WHIPPLE, the resolution was laid upon the table.

Mr. LEACH offered the following: Resolved, That the committee on supplies be instructed to report to the Convention to-morrow, the amount and kind of stationery purchased for the use of the Convention, and the price paid for the

same.

The motion to reconsider was lost-yeas 31; nays 37.

Mr. WOODMAN offered the following: Resolved, That the messengers of this Convention be allowed one and a half dollars per diem, for their services during the sitting of this Convention.

Mr. FRALICK asked the yeas and nays; and the same being ordered, the resolution prevailed-yeas 48; nays 11.

Mr. McCLELLAND moved to adjourn; but the Convention refused to adjourn. On motion of Mr. CORNELL,

Mr. McLEOD moved to adjourn; but the Convention refused to adjourn.

Resolved, That the Sergeant-at-arms be required to procure a quantity of unslaked lime, or chloride of lime, to be used in and about the representative hall, and the Mr. HANSCOM made a verbal state-out-buildings connected therewith. ment relative to the purchase of stationery for the use of the Convention, which had been put under the charge of the Secretary of the Convention, with whom also had been deposited the bills; which were open for the inspection of members. Mr. H. said the expenses of the Convention for stationery, incidental expenses and postage would be reduced over three-fourths below any other deliberative body, by the action of the committee on supplies.

Mr. WOODMAN moved that the report of the chairman of the committee on supplies be accepted.

Mr. LEACH hoped it would not be adopted. The report was not satisfactory to him. He was not alone in wishing to know what had been purchased and the prices paid.

Mr. WOODMAN thought the statement satisfactory as far as the chairman was concerned. If any delegate wanted further information, it could be obtained from the Secretary.

Mr. HANSCOM said he would submit a report in writing; and the motion was withdrawn.

The PRESIDENT announced the following additional members to the committee on the schedule: Messrs. MCCLELLAND, WHIPPLE, WALKER, and WHITTEMORE.

Mr. BEARDSLEY moved to reconsider the vote by which the Convention refused to order to a third reading the resolutions reported by the select committee on the license laws.

Mr. BAGG moved a call of the Convention; but the call was not sustained

Mr. ALVORD offered the following: Resolved, That the committee on arrangement and phraseology be instructed to strike out from section five of the article on the Legislative Department, all after the word "district," in line three.

Mr. A. said he offered the resolution for the purpose of bringing the matter again under the consideration of the Convention. This section was highly objectionable to many members of the Convention, and he hoped it would not finally be adopted. In the first place, he did not believe the people expected that the Convention would adopt single representative districts. That they had given expression in favor of single senatorial districts he denied. By striking out the section, it would leave those counties which were entitled to two Senators, to elect them by general ticket in the county. In the county of Wayne, it would be found very inconvenient to district. It would be a privilege to elect by general ticket.

Mr. A. moved to lay the resolution on the table.

Mr. BAGG hoped his colleague would withdraw his motion to lay upon the table.

Mr. ALVORD withdrew with the understanding that he would renew it after his colleague had said what he had to say.

Mr. BAGG then said-Mr. President, this Convention well knows my mind upon this subject. They well know my whole energies of soul and body have been engaged, during our sitting here, to thwart

refer these spent balls, these longed for morsels of interest, to the committee on arrangement and phraseology. Do gentlemen think that this committee have power to change general principles? Why, sir, their only use, authority and power, appertain to matters of form, instead of substance. That is their only duty. The gentleman from Wayne, [Mr. ALVORD,] is always croaking and harping about our slowness in getting through with our deliberations. No longer ago than yesterday he whined like a whipped spaniel about going home, either for buncombe or otherwise; and yet he is found in these guerilla ranks, impeding our progress from day to day, by moves and motions like this.

The CHAIR-The gentleman is out of order.

Mr. BAGG-On what ground? The CHAIR-The gentleman is using personalities.

Mr. BAGG-It is not personal, if the President knew it-it is a simple comparison. Cannot I make a comparison?

[Cries of "go on, go on."]

the single district projects, of its friends, | other subject. These gentleman wish to from first to last. It was reported by the legislative committee; debated day after day in committee of the whole; attempted to be reconsidered without effect while in that committee, under the rule, and attempted to be recommitted with instructions. The same process awaited its paramount importance in Convention; but there met the same fate as in committee of the whole, and finally took its several readings, was passed and sent to the committee on arrangement and proseology-the last resort of parliamentary law and usage, to which committee, both its friends and enemies, long since supposed it had gone to rest, never to re again disturbed by this body-utterly turfed beyond the hopes or fears of either-beyond the hope of resurrection. Yet, there were those here, that notwithstanding this article had been passed upon by a full Convention, before our ranks had been thinned by disease and other causes, to but little above a quorum, as at the present moment, who again attempt to resuscitate it. When was this guerilla warfare of legislation to cease? When this constant, interminable and eternal opposition of the minority to end? We had had it repeatedly in the same manner from other quarters, on other articles in the same condition. He had heard of such principles in deliberative bodies as decency, decorum, order and consistency! Was this Convention to terminate its deliberations in anarchy and confusion? He trusted not. His whole heart and soul, he repeated, had been with his colleague on this subject, and was there still, and probably ever would be. He knew the single district system, senatorial or otherwise, was not democratic, let it come from what source it might. Its establishment would revolutionize the banner State of democraey, and change it to the opposition. It was too late to repent when the devil had actually come. It was too late now to remedy the evil. The democratic press had caused the mischief. He knew when he was fairly whipped, and had too much honor and self-respect to combat it longer. He should bear the sacrifice with composure. He had never made anything out of politics; but, on the contrary, sunk thousands. It was not self-interest that governed him in his action on this or any

Mr. BAGG resumed-He trusted the Convention would put an eternal quietus on this, as well as its kindred propositions. He was heartily sick of this interminable scramble, to see who should be foremost to exhume the carcass of any entombed negative principle, that had long since met its fate.

Mr. ALVORD said he offered the resolution in good faith, believing if it were laid on the table and brought up at some other time, it might be compromised. It was said by his colleague [Mr. BAGG] that they were whipped out. He (Mr. A.) believed they had been whipped unfairly. The Convention had decided on adopting single senatorial districts. We now (said Mr. A.) throw ourselves on the generosity of the Convention and ask that those large counties may be left to elect their senators by general ticket.

Mr. McCLELLAND-I question whether the resolution is in order. If it is then we are at sea again. The article has gone through its regular parliamentary course and has been concluded. I was opposed to single senatorial districts; but I ask if it would not be taking an unfair advantage of those gentlemen who felt a deep inter

est in the matter, and who have gone home under an impression that the question was settled, and that it would not be raised again. I raise the point of order, that a resolution, without going through the forms prescribed by the rules, directing a committee to substantially change any article passed by the Convention, cannot be entertained.

Mr. WHIPPLE-There seems to be a misunderstanding with regard to the powers with which the committee on arrangement and phraseology are clothed. The powers of that committee embrace two objects. One object is to give the various matters in the articles a proper arrangement; and if the phraseology is improper, simply to correct it. But they have no more power to change the meaning than other member of the Convention. The very name of the committee implies its duties; they have no power to change the sense of any part of any article.

any

will be to occupy the time, and delay the adjournment.

Mr. ALVORD-I did not rise in rebellion, but as a suppliant; as my friend [Dr. BAGG] says we have been whipped. I hoped gentlemen would exercise some mercy. Believing that great inconvenience will arise from a division of counties into single senatorial districts, I had hoped that gentlemen would have reconsidered the matter.

Mr. McLEOD-So far as the impolicy of pursuing this course is concerned, 1 entirely agree with the gentleman from Monroe, [Mr. MCCLELLAND.] But so far as the technical question is concerned, I am not prepared to coincide with his views. According to my views, the committee would have no right to originate a change, except it would be justified by the original terms of the article. But we know it is common in parliamentary practice to refer to committees who have no natural conMr. CHURCH-I ask what became of nection with the subject. I consider this the two-thirds rule in the old Convention? committee on phraseology one of the most Mr. WHIPPLE-The committee re-important in the Convention. So it has ported a change, and asked the consent of been considered by the members of the the Convention, as the present committee Convention, as they have appointed the may do. I think the committee on phra- strongest men in the Convention upon seology have no right to make any change committee. They are not mere clerks, but except in phraseology. have a general supervisory power to bring ed before the Convention, into proper shape the several articles which have been pass and order. I think (said Mr. McL.) it is entirely within the power of the Convention to give them instruction. Still a great inconvenience may arise from gentlemen proceeding in this mode; but it is incident to the forms of legislation. If it is abused it must be corrected by the good sense of the Convention.

Mr. HASCALL-Can they not change

& section?

this

par

Mr. WHIPPLE—I think not, sir. Each article goes through the parliamentary course of proceedings. Three days are allowed by the rules for reconsideration. After that it is entirely beyond the reach of the Convention. Can it be said that when you cannot reconsider an article that a member can get round it by moving that Mr. McCLELLAND said-Under the committee on phraseology be instruct-liamentary rules, a bill is read a first and ed to amend? Why, sir, if that were al- second time, and after being perfected, goes lowed, we should remain here till dooms- through its several stages, to the commitday. There is not one article that was tee on enrollment. tee on enrollment. Suppose a person obunanimously concurred in, and members jected to some part of the bill, and had may get up and offer resolutions for amend-stated his objection in all the stages in ment according to their own views. which it was open to amendment. I concur with the gentleman who has would ask if he could get up and offer to offered the resolution, in his views with re-instruct the committee on enrollment? The gard to the senatorial districts; but the mode of correcting an article must be by Convention have decided differently, and I the rules, step by step, as in the case of a would never get up and move an amend- bill. ment after the deliberate sense of the Convention has been had, as the sole effect

He

Mr. McLEOD said the argument of the gentleman from Monroe, [Mr. McCLEL

LAND,] was correct, as far as it was applicable; but the Convention had no such committee.

the Convention must adopt that course, if not acceded to by unanimous consent.

Mr. J. D. PIERCE moved that the article entitled "Education," be taken from the table and recommitted to the committee on education.

Mr. CHURCH-I am opposed to recommitment. It may go again through the hands of the committee and be reported back, and patch work made of it. While there is so much difference of opinion on the subject in the Convention, the recom

Mr. McCLELLAND-The committee on arrangement and phraseology stand in the place of the committee on enrollment in a legislative body. Suppose the committee on enrollment find the language of a bill entirely different from what was understood by the body which passed it; they cannot change it. They do not bring in a resolution, but come and ask the ananimous consent of the body. If that con-mendation of that committee will have no sent is not obtained, they must introduce an amendment to the bill, which must go through its regular forms. I agree with the gentleman as to the powers of the committee on phraseology. It is their duty not only to correct every improper phraseology, but to look at the meaning the Convention intended to convey. If it does not convey the intention of the body, they recommend a change to the Convention.

Mr. McLEOD-Then the Convention have control over an article after its final passage.

Mr. McCLELLAND-They have. But the idea is this: they cannot alter any passage or measure because they think it would not be salutary. The idea intended to be conveyed by the Convention, is what they should aim at; and if any alteration is necessary to carry that out, then they may make it, but it must be with the consent of the Convention. The committee on enrollment do the same thing. When a bill is in their hands, no person can get up and offer a resolution to change any portion of it.

Mr. HASCALL-Then the Convention will have its hands tied up.

Mr. McCLELLAND-The rules can be suspended by a two-thirds vote; and if there should be any thing obviously wrong, the Convention will suspend the rules, as

a matter of course.

more influence on this body than the motion of an individual. The clause in the article in regard to free schools came before the Convention with the unanimous recommendation of the committee, yet it did not stand the first shot. The article has been so long before the committee that I hope it will not be recommitted.

Mr. N. PIERCE hoped that it would be recommitted, that some arrangement might be made by which it would pass.

Mr. J. D. PIERCE wished to make an effort to harmonize on the article, so that it would not be lost. He thought the committee might devise something to harmonize the Convention.

Mr. CHURCH would ask how the gentleman could attain the object more through the committee than by any other way? It was an object the gentleman from Calhoun [Mr. J. D. PIERCE] had much at heart; and he [Mr. C.] was disposed to facilitate it as much as possible.

Mr. BUTTERFIELD regretted that the labors of the committee on Education had not been more successful; perhaps the President might have been unfortunate in the selection of that committee; but he [Mr. B.] was not disposed to make any remarks on the allusions made by the gentleman from Kent [Mr. CHURCH] to that committee. The measure of the gentleman from Calhoun [Mr. J. D. PIERCE] was a laudable one. It was the object of the friends of edcuation to make a final effort, that the bill might be perfected so as to meet the sanction of the Convention.

The PRESIDENT stated it to be his opinion that the resolution was out of order, and could not be entertained. If any member, after an article had passed, could offer a resolution to make à substantial change, it would lead to much inconve- Mr. GREEN inquired if the committee nience. It does not put the article out of had not a resolution before them in relathe hands of the Convention. The Con- tion to free schools? He believed the peovention can suspend its rules. If the com- ple in his section of country did not exmittee report any substantial alterations,pect any such thing. They wish the Con

vention to express an opinion, but to leave holders, residing in the vicinity of such it to the Legislature to carry it out. property, or by not less than three comMr. COMSTOCK—My colleague ex-missioners, appointed by a court of record, presses the views of the people in my sec- as shall be prescribed by law. tion of country correctly. They are in favor of free schools, but they would leave it to the Legislature to carry out the tails.

Sec. 4. No mechanical trade shall hereafter be taught to convicts in the State pride-son of this State, except the manufacture of those articles of which the chief suppre-ply for home consumption is imported from other States or countries.

Sec. 5. All rivers and streams of water in this State, in all places where the same have been meandered and returned as navigable by the surveyors of the United States, are hereby declared navigable to such an extent that no dam, bridge, or other obstruction may be made in or over the same without authority, granted by the Supreme Court, under a general law to be enacted by the Legislature of this State.

Sec. 6. To promote the early sale and settlement of the unappropriated public lands

Mr. CHURCH, from the same commit-now held by the United States exempt from