Search Results (638)

Genl. Washington. In a very emphatic manner he thanked the Convention for the honor they had conferred on him, reminded them of the novelty of the scene of business in which he was to act, lamented his want of better qualifications, and claimed the indulgence of the House towards the involuntary errors which his inexperience might occasion. (The nomination came with particular grace from Penna, as Docr. Franklin alone could have been thought of as a competitor. The Docr. was himself to have m
On reading the Credentials of the deputies it was noticed that those from Delaware were prohibited from changing the Article in the Confederation establishing an equality of votes among the States.
The Virginia Plan as Proposed
Also tagged as: Virginia Plan, Suffrage, Common Defense, General Welfare, Slavery, National Legislature, Second Branch of National Legislature, First Branch of National Legislature, Term Limits, State Sovereignty, Bicameral Legislature, Compensation, Veto, Executive Branch, Judicial Branch, Supreme Judiciary, Supreme Court, Lower Courts, Tribunal, Term of Office, Lifetime Appointment, Crime, Impeachment, State Legislature, State Legislatures, State Jurisdiction, New States, Amendment, Oath of Office
Mr. Reed moved that the whole clause relating to the point of Representation be postponed; reminding the Come. that the deputies from Delaware were restrained by their commission from assenting to any change of the rule of suffrage, and in case such a change should be fixed on, it might become their duty to retire from the Convention. Mr. Govr. Morris observed that the valuable assistance of those members could not be lost without real concern, and that so early a proof of discord in the conv
Mr. Butler apprehended that the taking so many powers out of the hands of the States as was proposed, tended to destroy all that balance and security of interests among the States which it was necessary to preserve; and called on Mr. Randolph the mover of the propositions, to explain the extent of his ideas, and particularly the number of members he meant to assign to this second branch. Mr. Randf. observed that he had at the time of offering his propositions stated his ideas as far as the na
Also tagged as: The States, State Sovereignty, State Legislatures, Senate, House of Representatives, Democratic Election, Democracy, Federalism
Virginia Plan [Resolutions] - Sixth Resolution: Third Clause (Cases in which the Separate States are Incompetent)
Mr. Madison, observed that the more he reflected on the use of force, the more he doubted the practicability, the justice and the efficacy of it when applied to people collectively and not individually. — A Union of the States containing such an ingredient seemed to provide for its own destruction. The use of force agst. a State, would look more like a declaration of war, than an infliction of punishment, and would probably be considered by the party attacked as a dissolution of all previous com
Mr. Pinkney was for a vigorous Executive but was afraid the Executive powers of the existing Congress might extend to peace & war &c which would render the Executive a Monarchy, of the worst kind, to wit an elective one.
Also tagged as: Monarchy, Executive Power, Power of War
A considerable pause ensuing and the Chairman asking if he should put the question, Docr. Franklin observed that it was a point of great importance and wished that the gentlemen would deliver their sentiments on it before the question was put. Mr. Rutlidge animadverted on the shyness of gentlemen on this and other subjects. He said it looked as if they supposed themselves precluded by having frankly disclosed their opinions from afterwards changing them, which he did not take to be at all the
Mr. Sherman was for three years, and agst. the doctrine of rotation as throwing out of office the men best qualified to execute its duties. Mr. Mason was for seven years at least, and for prohibiting a re-eligibility as the best expedient both for preventing the effect of a false complaisance on the side of the Legislature towards unfit characters; and a temptation on the side of the Executive to intrigue with the Legislature for a re-appointment. Mr. Bedford was strongly opposed to so lon
Virginia Plan [Resolutions] - Seventh Resolution (Executive Branch): Franklin's Proposal on Compensation
Virginia Plan [Resolutions] - Eighth Resolution: Gerry's Proposal on the Executive Veto
Also tagged as: Veto
Mr. Gerry doubts whether the Judiciary ought to form a part of it, as they will have a sufficient check agst. encroachments on their own department by their exposition of the laws, which involved a power of deciding on their Constitutionality. In some States the Judges had actually set aside laws as being agst. the Constitution. This was done too with general approbation. It was quite foreign from the nature of ye. office to make them judges of the policy of public measures. He moves to postpone
Virginia Plan [Resolutions] - Eighth Resolution: Wilson's Amendment to Gerry's Proposal on the Executive Veto
Also tagged as: Veto
Mr. Gerry sees no necessity for so great a controul over the legislature as the best men in the Community would be comprised in the two branches of it. Docr. Franklin, said he was sorry to differ from his colleague for whom he had a very great respect, on any occasion, but he could not help it on this. He had had some experience of this check in the Executive on the Legislature, under the proprietary Government of Pena. The negative of the Governor was constantly made use of to extort money.
Also tagged as: Single Executive, Veto, Council of Revision, Executive Corruption, Checks on Power, Cromwell, Catiline, Monarchy, Executive Power
Virginia Plan [Resolutions] - Eighth Resolution: Gerry's Proposal on the Executive Veto (Two Thirds Wording)
Also tagged as: Veto
Mr. Wilson opposed the appointmt of Judges by the national Legisl: Experience shewed the impropriety of such appointmts. by numerous bodies. Intrigue, partiality, and concealment were the necessary consequences. A principal reason for unity in the Executive was that officers might be appointed by a single, responsible person. Mr. Rutlidge was by no means disposed to grant so great a power to any single person. The people will think we are leaning too much towards Monarchy. He was against esta
Also tagged as: Mode of Appointment, Single Executive, Monarchy, Supreme Judiciary, Supreme Court, Lower Courts, Scotland, Executive Appointment, Legislative Appointment, Senate
Mr. Gerry. Much depends on the mode of election. In England, the people will probably lose their liberty from the smallness of the proportion having a right of suffrage. Our danger arises from the opposite extreme: hence in Massts. the worst men get into the Legislature. Several members of that Body had lately been convicted of infamous crimes. Men of indigence, ignorance & baseness, spare no pains however dirty to carry their point agst. men who are superior to the artifices practiced. He was n
Also tagged as: Mode of Election, Suffrage, Aristocracy, Monarchy, The People, National Government, State Legislature, Election Districts, The States
Mr. Madison observed that the great difficulty in rendering the Executive competent to its own defence arose from the nature of Republican Govt. which could not give to an individual citizen that settled pre-eminence in the eyes of the rest, that weight of property, that personal interest agst. betraying the National interest, which appertain to an hereditary magistrate. In a Republic personal merit alone could be the ground of political exaltation, but it would rarely happen that this merit wou
Also tagged as: Executive Branch, Legislative Branch, Judicial Branch, Veto, Council of Revision, Supreme Court
The Committee then rose. [Ayes — 11; noes — 0.] This is the first time that a vote is recorded regarding the motion to adjourn (which was put forward at the end of every session). This voting record shows that even this most obvious of procedural motions was likely voted on at the end of each session.
Mr. Williamson was agst. giving a power that might restrain the States from regulating their internal police. Mr. Gerry cd. not see the extent of such a power, and was agst. every power that was not necessary. He thought a remonstrance agst. unreasonable acts of the States wd. reclaim them. If it shd. not force might be resorted to. He had no objection to authorize a negative to paper money and similar measures. When the confederation was depending before Congress, Massachusetts was then for
Also tagged as: Federalism, State Sovereignty, Checks on Power, National Legislature, National Supremacy, Veto, Negative, Suffrage, Representation, Proportional Representation
Virginia Plan [Resolutions] - Seventh Resolution: Gerry Proposes Election of the National Executive by the State Executives
Also tagged as: Mode of Election, Separation of Powers
Mr. Patterson moves that the Committee resume the clause relating to the rule of suffrage in the Natl. Legislature. Mr. Brearly seconds him. He was sorry he said that any question on this point was brought into view. It had been much agitated in Congs. at the time of forming the Confederation and was then rightly settled by allowing to each sovereign State an equal vote. Otherwise the smaller States must have been destroyed instead of being saved. The substitution of a ratio, he admitted carr
Also tagged as: Suffrage, Representation, National Legislature, Equal Representation, Proportional Representation, Small State, Large State, Usurpation, State Legislature, Parliament
The question being abt. to be put Docr. Franklin sd. he had thrown his ideas of the matter on a paper wch. Mr. Wilson read to the Committee in the words following — Mr Chairman It has given me a great pleasure to observe that till this point, the proportion of representation, came before us, our debates were carried on with great coolness & temper. If any thing of a contrary kind, has on this occasion appeared. I hope it will not be repeated; for we are sent here to consult not to contend,
Also tagged as: Representation, Interests, Proportional Representation
Mr. Gerry. The idea of property ought not to be the rule of representation. Blacks are property, and are used to the southward as horses and cattle to the northward; and why should their representation be increased to the southward on account of the number of slaves, than horses or oxen to the north? Mr. Madison was of opinion at present, to fix the standard of representation, and let the detail be the business of a subcommittee. Madison copies this statement of Gerry's from Yates into his
Also tagged as: Property, Slavery, Three-Fifths Compromise
Mr. Lansing called for the reading of the 1st. resolution of each plan, which he considered as involving principles directly in contrast; that of Mr. Patterson says he sustains the sovereignty of the respective States, that of Mr. Randolph distroys it: the latter requires a negative on all the laws of the particular States; the former, only certain general powers for the general good. The plan of Mr. R. in short absorbs all power except what may be exercised in the little local matters of the St
Also tagged as: State Sovereignty, Constitutional Convention, National Government, Negative, Representation
Mr. Hamilton, had been hitherto silent on the business before the Convention, partly from respect to others whose superior abilities age & experience rendered him unwilling to bring forward ideas dissimilar to theirs, and partly from his delicate situation with respect to his own State, to whose sentiments as expressed by his Colleagues, he could by no means accede. The crisis however which now marked our affairs, was too serious to permit any scruples whatever to prevail over the duty imposed o
Also tagged as: Articles of Confederation, Virginia Plan, New Jersey Plan, Democracy, Corruption, Tyranny, National Executive, National Legislature, National Judiciary, Federalism, Monarchy, Term Limits, Negative, Veto, Executive Pardon, Mode of Appointment, Lifetime Appointment, Good Behavior, The States, Tribunal, Lower Courts, Compensation
Mr. Madison. Much stress had been laid by some gentlemen on the want of power in the Convention to propose any other than a federal plan. To what had been answered by others, he would only add, that neither of the characteristics attached to a federal plan would support this objection. One characteristic, was that in a federal Government, the power was exercised not on the people individually; but on the people collectively, on the States. Yet in some instances as in piracies, captures &c. the e
Also tagged as: Federal, New Jersey Plan
Mr. Wilson observed that by a Natl. Govt. he did not mean one that would swallow up the State Govts. as seemed to be wished by some gentlemen. He was tenacious of the idea of preserving the latter. He thought, contrary to the opinion of (Col. Hamilton) that they might not only subsist but subsist on friendly terms with the former. They were absolutely necessary for certain purposes which the former could not reach. All large Governments must be subdivided into lesser jurisdictions. as Examples
Also tagged as: National Government, State Legislatures, Jurisdiction, State Sovereignty, Independence, Union, Rome, Ancient World, Virginia, Massachusetts, Pennsylvania, Small State, Large State, Consolidated government, Delaware, State of Nature, Confederation, Congress, Suffrage
The Virginia Plan as amended in Committee [Resolutions] - Second Resolution: Original
Mr. Lansing... He had already assigned two reasons agst. such an innovation as was proposed. 1. the want of competent powers in the Convention — 2. the state of the public mind. It had been observed by Mr. Madison in discussing the first point, that in two States the Delegates to Congs. were chosen by the people. Notwithstanding the first appearance of this remark, it had in fact no weight, as the Delegates however chosen, did not represent the people merely as so many individuals; but as formin
Also tagged as: Bicameral Legislature, Coercive power, Confederation, Corruption, Legislative Power, Mode of Election, National Government, National Judiciary, National Legislature, Quotas of Contribution, Representation, Republican, State Legislatures, State Sovereignty, Taxation
On motion of the Deputies of the State of Delaware the determination of the House on the second resolution reported from the Committee was postponed until to-morrow.
Doctr. Johnson. On a comparison of the two plans which had been proposed from Virginia & N. Jersey, it appeared that the peculiarity which characterized the latter was its being calculated to preserve the individuality of the States. The plan from Va. did not profess to destroy this individuality altogether, but was charged with such a tendency. One Gentleman alone (Col. Hamilton) in his animadversions on the plan of N. Jersey, boldly and decisively contended for an abolition of the State Govts.
Also tagged as: Confederation, Divided sovereignty, National Government, National Jurisdiction, New Jersey Plan, Second Branch of National Legislature, Senate, State Government, State Jurisdiction, State Sovereignty, Virginia Plan
Election of the 1st. branch “for the term of three years,” considered, Mr. Randolph moved to strike out, “three years” and insert “two years” — he was sensible that annual elections were a source of great mischiefs in the States, yet it was the want of such checks agst. the popular intemperance as were now proposed, that rendered them so mischievous. He would have preferred annual to biennial, but for the extent of the U. S. and the inconveniency which would result from them to the representa
Also tagged as: First Branch of National Legislature, House of Commons, House of Representatives, Length of Term
Mr. Elseworth, moved to substitute payment by the States out of their own Treasurys: observing that the manners of different States were very different in the Stile of living and in the profits accruing from the exercise of like talents. What would be deemed therefore a reasonable compensation in some States, in others would be very unpopular, and might impede the system of which it made a part. Mr. Williamson favored the idea. He reminded the House of the prospect of new States to the Westwa
Also tagged as: Compensation, State Treasury
Mr. Ghorum moved to strike out the last member of 3 Resol: concerning ineligibility of members of 1st branch to offices, during the term of their membership & for one year after. He considered it as unnecessary & injurious. It was true abuses had been displayed in G. B. but no one cd. say how far they might have contributed to preserve the due influence of the Gov’t nor what might have ensued in case the contrary theory had been tried. Mr. Butler opposed it. this precaution agst. intrigue was
Also tagged as: Corruption
The Virginia Plan as amended in Committee [Resolutions] - Third Resolution: General Pinckney to Strike Out Ineligibility to State Offices
Mr. Rutlidge, was for preserving the Legislature as pure as possible, by shutting the door against appointments of its own members to offices, which was one source of its corruption. Mr. Mason. The motion of my colleague is but a partial remedy for the evil. He appealed to him as a witness of the shameful partiality of the Legislature of Virginia to its own members. He enlarged on the abuses & corruption in the British Parliament, connected with the appointment of its members. He cd. not supp
Also tagged as: Eligibility for Office, Corruption, Interests, Abuse, Legislative Appointment, Merit, Virtue
Mr. Pinkney spoke as follows. — The efficacy of the System will depend on this article. In order to form a right judgmt. in the case it will be proper to examine the situation of this Country more accurately than it has yet been done. The people of the U. States are perhaps the most singular of any we are acquainted with. Among them there are fewer distinctions of fortune & less of rank, than among the inhabitants of any other nation. Every freeman has a right to the same protection & security;
Also tagged as: Ancient World, Aristocracy, Executive, Legislative Power, Monarchy, Parliament
Mr. Madison. In order to judge of the form to be given to this institution, it will be proper to take a view of the ends to be served by it. These were first to protect the people agst. their rulers: secondly to protect the people agst. the transient impressions into which they themselves might be led. A people deliberating in a temperate moment, and with the experience of other nations before them, on the plan of Govt. most likely to secure their happiness, would first be aware, that those char
Also tagged as: Aristocracy, Bicameral Legislature, Checks on Power, Class, Consolidated government, Divided sovereignty, Eligibility for Office, Equal Representation, Excess of Democracy, Federal, House of Representatives, Interests, Length of Term, Multiple Terms, National Legislature, Representatives, Stability, Term Limits, Term of Office, Small State, Taxation
Mr L. Martin contended at great length and with great eagerness that the General Govt. was meant merely to preserve the State Governts: not to govern individuals: that its powers ought to be kept within narrow limits; that if too little power was given to it, more might be added; but that if too much, it could never be resumed: that individuals as such have little to do but with their own States; that the Genl. Govt. has no more to apprehend from the States composing the Union while it pursues p
Also tagged as: Confederation, Large State, Mode of Representation, National Government, National Judiciary, National Jurisdiction, National Legislature, Small State, State Government, State of Nature
Mr. Dayton expressed great anxiety that the question might not be put till tomorrow; Governr. Livingston being kept away by indisposition, and the representation of N. Jersey thereby suspended. Mr. Williamson. thought that if any political truth could be grounded on mathematical demonstration, it was that if the states were equally sovereign now, and parted with equal proportions of sovereignty, that they would remain equally sovereign. He could not comprehend how the smaller States would be
Also tagged as: Large State, Mode of Representation, National Government, New States, Small State, State Sovereignty, Treaty
Proposed rules and standing orders for the Convention - Franklin's Proposal for Prayers
Also tagged as: Ancient World, Religion, Republic
Proposed rules and standing orders for the Convention - Randolph's Amendment
Dr. Johnson. As the debates have hitherto been managed, they may be spun out to an endless length; and as gentlemen argue on different grounds, they are equally conclusive on the points they advance, but afford no demonstration either way. States are political societies. For whom are we to form a government? for the people of America, or for those societies? Undoubtedly for the latter. They must, therefore, have a voice in the second branch of the general government, if you mean to preserve thei
Also tagged as: Confederation, Divided sovereignty, National Government, Parliament, Proportional Representation, State Government, State Sovereignty
Judge Elsworth. I now move the following amendment to the resolve — that in the second branch each state have an equal vote. I confess that the effect of this motion is, to make the general government partly federal and partly national. This will secure tranquility, and still make it efficient; and it will meet the objections of the larger states. In taxes they will have a proportional weight in the first branch of the general legislature — If the great states refuse this plan, we will be for ev
Also tagged as: Divided sovereignty, Equal Representation, Executive, Large State, Mode of Representation, National Legislature, Quotas of Contribution, Second Branch of National Legislature, Senate, Small State
On the question to agree to the resolution it passed in the negative. [Ayes — 2; noes — 5; divided — 1.] Editors' note: Pennsylvania, Delaware and Georgia were absent for this vote, putting the number of voting delegations at eight.
The discussion of yesterday resumed. Mr. Wilson. The question now before us is of so much consequence, that I cannot give it a silent vote — Gentlemen have said, that if this amendment is not agreed to, a separation to the north of Pennsylvania may be the consequence. — This neither staggers me in my sentiments or my duty. If a minority should refuse their assent to the new plan of a general government, and if they will have their own will, and without it, separate the union, let it be done;
Also tagged as: The Revolutionary War, Aristocracy, Articles of Confederation, Federalism, First Branch of National Legislature, Interests, Large State, Legislative Branch, Monarchy, Representation, Second Branch of National Legislature, Slavery, Small State, Suffrage, The People, The States, Virginia Plan
Proposal for Consideration
Also tagged as: Equal Representation, Federalism, Legislative Branch, Representation, Second Branch of National Legislature, Small State, Suffrage
To adjourn Ayes — 11; noes — 0. The House adjourned till Monday next at 11 oClock a. m. Editors' note: Pennsylvania, Delaware and Georgia have returned, bringing the number of voting delegations back up to eleven.
General Pinkney proposed that a Committee consisting of a member from each State should be appointed to devise & report some compromise. Mr: L. Martin had no objection to a Commitment, but no modifications whatever could reconcile the Smaller States to the least diminution of their equal Sovereignty. Mr. Sharman. We are now at a full stop, and nobody he supposed meant that we shd. break up without doing something. A Committee he thought most likely to hit on some expedient. Mr. Govr. Mo
Also tagged as: Aristocracy, Check on Power, Democracy, Executive, Large State, Lifetime Appointment, Property, Second Branch of National Legislature, Senate, Separation of Powers, Small State, State Executive, State Government, State Legislatures, Union, Demagogue, Nepotism, Oligarchy
Mr. Ghorum observed that as the report consisted of propositions mutually conditional he wished to hear some explanations touching the grounds on which the conditions were estimated. Mr. Gerry. The Committee were of different opinions as well as the Deputations from which the Come. were taken, and agreed to the Report merely in order that some ground of accommodation might be proposed. Those opposed to the equality of votes have only assented conditionally; and if the other side do not genera
Also tagged as: Amendment, Equal Representation, Executive, Executive Branch, First Branch of National Legislature, Large State, Negative, Originating Money Bills, Power of the Purse, Second Branch of National Legislature, Senate, Small State, Suffrage, Threat of Secession, Union, Veto, Anarchy
Mr. Govr. Morris objected to that scale of apportionment. He thought property ought to be taken into the estimate as well as the number of inhabitants. Life and liberty were generally said to be of more value, than property. An accurate view of the matter would nevertheless prove that property was the main object of Society. The savage State was more favorable to liberty than the Civilized; and sufficiently so to life. It was preferred by all men who had not acquired a taste for property; it was
Also tagged as: Equitable Ratio of Representation, National Legislature, New States, Property, Proportional Representation, Representation, Suffrage, Union
Report of the Committee of Eleven of July 2nd [Resolutions] - First Proposal: First Clause - Rutledge's Replacement
Also tagged as: Proportional Representation, Quotas of Contribution, Representation, Suffrage
Mr. Ghorum apprehended great inconveniency from fixing directly the number of Representatives to be allowed to each State. He thought the number of Inhabitants the true guide; tho’ perhaps some departure might be expedient from the full proportion. The States also would vary in their relative extent, by separations of parts of the largest States. A part of Virga. is now on the point of a separation. In the province of Mayne a Convention is at this time deliberating on a separation from Masts. In
Also tagged as: Articles of Confederation, Equal Representation, Equality, Equitable Ratio of Representation, Mode of Election, National Legislature, New States, Proportional Representation, Quotas of Contribution, Representation, Slavery, Suffrage, The States
Mr. Gerry thought it would be proper to proceed to enumerate & define the powers to be vested in the Genl. Govt. before a question on the report should be taken as to the rule of representation in the 2d. branch. Mr. Madison, observed that it wd. be impossible to say what powers could be safely & properly vested in the Govt. before it was known, in what manner the States were to be represented in it. He was apprehensive that if a just representation were not the basis of the Govt. it would ha
Also tagged as: Anarchy, Articles of Confederation, Demagogue, Equal Representation, Faction, Large State, Mode of Representation, Originating Money Bills, Power of the Purse, Representation, Second Branch of National Legislature, Senate, Small State, State Government, Suffrage, Union, Declaration of Independence, Diet, Germany, Interests, State Constitutions
Mr. Williamson. thought it would be necessary to return to the rule of numbers. but that the Western States stood on different footing. If their property shall be rated as high as that of the Atlantic States, then their representation ought to hold a like proportion. Otherwise if their property was not to be equally rated. Mr Govr. Morris. The Report is little more than a guess. Wealth was not altogether disregarded by the Come. Where it was apparently in favor of one State whose nos. were su
Also tagged as: Property, Quotas of Contribution, Representation, Mode of Representation, National Legislature, Large State, Slavery, Small State, Corruption, Equality, Interests, Suffrage, Republicanism
Mr Govr. Morris opposed it as fettering the Legislature too much. Advantage may be taken of it in time of war or the apprehension of it, by new States to extort particular favors. If the mode was to be fixed for taking a census, it might certainly be extremely inconvenient; if unfixt the Legislature may use such a mode as will defeat the object: and perpetuate the inequality. He was always agst. such Shackles on the Legislre. They had been found very pernicious in most of the State Constitutions
Also tagged as: Census, Mode of Representation, National Legislature, New States, Proportional Representation, Representation, State Constitutions
Report of the Special Committee [Working Version] - Williamson's Proposal
Also tagged as: Census, Mode of Representation, National Legislature, Proportional Representation, Slavery, Three-Fifths Compromise
Mr. Sherman thought the number of people alone the best rule for measuring wealth as well as representation; and that if the Legislature were to be governed by wealth, they would be obliged to estimate it by numbers. He was at first for leaving the matter wholly to the discretion of the Legislature; but he had been convinced by the observations of (Mr. Randolph & Mr. Mason) that the periods & the rule of revising the Representation ought to be fixt by the Constitution. Mr. Reid thought the Le
Also tagged as: Amendment, Census, Interests, Mode of Representation, National Legislature, National Treasury, New States, Northern States, Property, Proportional Representation, Quotas of Contribution, Representatives, Southern States, Taxation, Union
The next clause as to three-fifths of the negroes considered, Mr. King. being much opposed to fixing numbers as the rule of representation, was particularly so on account of the blacks. He thought the admission of them along with Whites at all, would excite great discontents among the States having no slaves. He had never said as to any particular point that he would in no event acquiesce in & support it; but he wd. say that if in any case such a declaration was to be made by him, it would be
Also tagged as: Census, Mode of Representation, New States, Northern States, Property, Proportional Representation, Quotas of Contribution, Representation, Slavery, Southern States, State Legislature, Three-Fifths Compromise
Report of the Special Committee [Working Version] - Williamson's Proposal (Working Version): "First Year" Clause
Also tagged as: Census
Report of the Special Committee [Working Version] - Randolph/Elsworth Census Proposal
Also tagged as: Census, Equality, Mode of Representation, National Legislature, Property, Proportional Representation, Suffrage, Representation
Report of the Special Committee [Working Version] - Second Proposal: Wilson's Reworking
Also tagged as: Census, Equality, Mode of Representation, National Legislature, Property, Representation, Slavery, Suffrage, Taxation, The States
Report of the Special Committee [Working Version] - Randolph/Elsworth Census Proposal: Pinckney Removes Three-Fifths
Also tagged as: Equal Representation, Equality, Mode of Representation, National Legislature, Northern States, Property, Representation, Secession, Southern States, Suffrage, Taxation, The States
On the question to agree to the clause, as amended, namely “Provided always that representation ought to be proptioned according to direct Taxation and in order to ascertain the alteration in the direct Taxation which may be required from time to time by the changes in the relative circumstances of the States, resolved that a Census be taken within six years from the first meeting of the Legislature of the United States and once within the term of every Ten years afterwards of all the inhabit
Mr. Williamson feared that N. Hamshire will have reason to complain. 3 members were allotted to her as a liberal allowance for this reason among others, that she might not suppose any advantage to have been taken of her absence. As she was still absent, and had no opportunity of deciding whether she would chuse to retain the number on the condition, of her being taxed in proportion to it, he thought the number ought to be reduced from three to two, before the question on Mr. G’s motion. Mr. R
Also tagged as: Census, Equality, Equitable Ratio of Representation, Large State, Mode of Representation, National Legislature, Northern States, Property, Proportional Representation, Representation, Small State, Southern States, Suffrage, Taxation
Mr. Govr. Morris opposed the alteration as leaving still an incoherence. If Negroes were to be viewed as inhabitants, and the revision was to proceed on the principle of numbers of inhabts. they ought to be added in their entire number, and not in the proportion of 3/5. If as property, the word wealth was right, and striking it out would. produce the very inconsistency which it was meant to get rid of. — The train of business & the late turn which it had taken, had led him he said, into deep med
Also tagged as: Colonies, Equal Representation, Equality, First Branch of National Legislature, Northern States, Property, Representation, Secession, Second Branch of National Legislature, Slavery, Southern States, Suffrage, Union, Civil Rights, Eastern States, Middle States
Report of the Special Committee [Working Version] - Read on Addition of Territory
Also tagged as: New States
Report of the Committee of Eleven of July 2nd [Resolutions] - Second Proposal: Reapportionment of Representatives
Also tagged as: Bicameral Legislature, Legislative Branch, Mode of Representation, National Legislature, Proportional Representation, Representation, Representatives, Second Branch of National Legislature
Mr. Dayton. The smaller States can never give up their equality. For himself he would in no event yield that security for their rights. Mr. Sherman urged the equality of votes not so much as a security for the small States; as for the State Govts. which could not be preserved unless they were represented & had a negative in the Genl. Government. He had no objection to the members in the 2d b. voting per capita, as had been suggested by Mr. Gerry. Mr. Madison concurred in the motion of Mr.
Also tagged as: Coercive power, Confederation, Constitutional Convention, Equal Representation, Equitable Ratio of Representation, Federalism, First Branch of National Legislature, General Government, House of Representatives, Judicial Branch, Large State, Legislative Authority, Legislative Branch, Legislative Power, Mode of Representation, National Government, National Legislature, Proportional Representation, Quotas of Contribution, Representation, Small State, Southern States, The Confederation
Mr. Governr. Morris was pointedly agst. his being so chosen. He will be the mere creature of the Legisl: if appointed & impeachable by that body. He ought to be elected by the people at large, by the freeholders of the Country. That difficulties attend this mode, he admits. But they have been found superable in N. Y. &. in Cont. and would he believed be found so, in the case of an Executive for the U. States. If the people should elect, they will never fail to prefer some man of distinguished ch
Mr. Govr. Morris espoused the motion. The ineligibility proposed by the clause as it stood tended to destroy the great motive to good behavior, the hope of being rewarded by a re-appointment. It was saying to him, make hay while the sun shines.
Docr. McClurg moved to strike out 7 years, and insert “during good behavior”. By striking out the words declaring him not re-eligible, he was put into a situation that would keep him dependent for ever on the Legislature; and he conceived the independence of the Executive to be equally essential with that of the Judiciary department. Mr. Govr. Morris 2ded. the motion. He expressed great pleasure in hearing it. This was the way to get a good Government. His fear that so valuable an ingredient
Mr. Govr. Morris...thought the Legislature ought to be at liberty to increase salaries as circumstances might require, and that this would not create any improper dependence in the Judges. Docr. Franklin was in favor of the motion. Money may not only become plentier, but the business of the department may increase as the Country becomes more populous. Mr. Madison. The dependence will be less if the increase alone should be permitted, but it will be improper even so far to permit a dependen
Also tagged as: Compensation, Legislative Power, National Judiciary, National Treasury, Separation of Powers, Supreme Court
Mr. Governeur Morris. It is necessary to take into one view all that relates to the establishment of the Executive; on the due formation of which must depend the efficacy & utility of the Union among the present and future States. It has been a maxim in political Science that Republican Government is not adapted to a large extent of Country, because the energy of the Executive Magistracy can not reach the extreme parts of it. Our Country is an extensive one. We must either then renounce the bles
Also tagged as: Electoral College, Electors, Executive, Executive Appointment, Executive Branch, Executive Corruption, First Branch of National Legislature, House of Representatives, Impeachment, Legislative Appointment, Legislative Authority, Legislative Branch, Length of Term, Lifetime Appointment, Mode of Election, National Legislature, Northern States, Republican, Second Branch of National Legislature, Second Term, Senate, Separation of Powers, Slavery, Southern States, Term Limits, Union
Mr. Pinkney & Mr Govr. Morris moved to strike out this part of the Resolution. Mr P. observd. he ought not to be impeachable whilst in office Mr. Davie. If he be not impeachable whilst in office, he will spare no efforts or means whatever to get himself re-elected. He considered this as an essential security for the good behaviour of the Executive. Mr Wilson concurred in the necessity of making the Executive impeachable whilst in office. Mr. Govr. Morris. He can do no criminal act witho
Also tagged as: Check on Power, Checks on Power, Corruption, Crime, Electors, Good Behavior, Impeachment, Judicial Branch, Length of Term, Lifetime Appointment, Magistracy, Military, National Executive, National Judiciary, National Legislature, National Treasury, Parties, President, Second Branch of National Legislature, Second Term, Senate, Separation of Powers, Term Limits, Tyranny, Treason, War, War Powers
The Virginia Plan as amended in Committee [Resolutions] - Tenth Resolution
Also tagged as: Executive Authority, Legislative Authority, Negative, Veto
Mr. Wilson. This proposition had been before made, and failed; but he was so confirmed by reflection in the opinion of its utility, that he thought it incumbent on him to make another effort: The Judiciary ought to have an opportunity of remonstrating agst projected encroachments on the people as well as on themselves. It had been said that the Judges, as expositors of the Laws would have an opportunity of defending their constitutional rights. There was weight in this observation; but this powe
Also tagged as: Check on Power, Checks on Power, Corruption, Council of Revision, Executive, Executive Authority, Executive Branch, Executive Power, Interests, Judicial Authority, Judicial Branch, Laws, Legislative Authority, Mode of Representation, National Executive, National Government, National Judiciary, National Legislature, Negative, Paper Money, Parliament, Separation of Powers, The People, The States, Veto
It was moved and seconded to agree to the 10th resolution, as reported from the Committee of the whole House, namely Resolved that the national Executive shall have a right to negative any legislative act, which shall not be afterwards passed unless by two third parts of each Branch of the national Legislature. which passed unanimously in the affirmative [Ayes — 9; noes — 0.]
Col. Mason considered a reference of the plan to the authority of the people as one of the most important and essential of the Resolutions. The Legislatures have no power to ratify it. They are the mere creatures of the State Constitutions, and cannot be greater than their creators. And he knew of no power in any of the Constitutions, he knew there was no power in some of them, that could be competent to this object. Whither then must we resort? To the people with whom all power remains that has
Also tagged as: Amendment, Articles of Confederation, Confederation, Constitutional Convention, Debt, Demagogue, Eastern States, Legislative Authority, National Government, National Supremacy, Ratification, State Constitutions, State Legislature, State Legislatures, The People, Union
Mr. Govr. Morris moved to fill the blank with three. He wished the Senate to be a pretty numerous body. If two members only should be allowed to each State, and a majority be made a quorum the power would be lodged in 14 members, which was too small a number for such a trust. Mr Ghorum preferred two to three members for the blank. A small number was most convenient for deciding on peace & war &c. which he expected would be vested in the 2d. branch. The number of States will also increase. Ken
Also tagged as: Equal Representation, Equitable Ratio of Representation, General Government, Power of War, Second Branch of National Legislature, Senate
Mr. Elseworth. With many this appears a natural consequence of his being elected by the Legislature. It was not the case with him. The Executive he thought should be reelected if his conduct proved him worthy of it. And he will be more likely to render himself worthy of it if he be rewardable with it. The most eminent characters also will be more willing to accept the trust under this condition, than if they foresee a necessary degradation at a fixt period. Mr. Gerry. That the Executive shd.
Also tagged as: Impeachment, Length of Term, National Executive, National Legislature, Second Term, Separation of Powers, Term Limits, Term of Office
Mr. Gerry. We seem to be entirely at a loss on this head. He would suggest whether it would not be advisable to refer the clause relating to the Executive to the Committee of detail to be appointed. Perhaps they will be able to hit on something that may unite the various opinions which have been thrown out. Mr. Wilson. As the great difficulty seems to spring from the mode of election, he wd. suggest a mode which had not been mentioned. It was that the Executive be elected for 6 years by a sma
Mr. Pinkney thought this would have all the advantage & at the same time avoid in some degree the inconveniency, of an absolute ineligibility a 2d. time. Col. Mason approved the idea. It had the sanction of experience in the instance of Congs. and some of the Executives of the States. It rendered the Executive as effectually independent, as an ineligibility after his first election, and opened the way at the same time for the advantage of his future services. He preferred on the whole the ele
Also tagged as: Electoral College, Electors, Eligibility for Office, Equal Representation, Impeachment, Legislative Appointment, National Executive, National Legislature, Second Term, Separation of Powers, State Executive, Suffrage, Term Limits
Mr. Gerry thought the inconveniency of excluding a few worthy individuals who might be public debtors or have unsettled accts ought not to be put in the Scale agst the public advantages of the regulation, and that the motion did not go far enough. Mr. King observed that there might be great danger in requiring landed property as a qualification since it would exclude the monied interest, whose aids may be essential in particular emergencies to the public safety. Mr. Dickenson. was agst. an
Also tagged as: Debt, National Legislature
Mr. Madison moved to strike out the word "landed", before the word, “qualifications”. If the proposition sd. be agreed to he wished the Committee to be at liberty to report the best criterion they could devise. Landed possessions were no certain evidence of real wealth. Many enjoyed them to a great extent who were more in debt than they were worth. The unjust laws of the States had proceeded more from this class of men, than any others. It had often happened that men who had acquired landed prop
Also tagged as: Debt, Electors, Land owning, National Legislature
It was moved and seconded to adjourn till Wednesday morning which passed in the negative. [Ayes — 3; noes — 5.] Editors note: New Jersey, Delaware and Georgia are again absent, meaning the number of voting delegations has dropped to eight.
To refer the report to a Committee of the whole Ayes — 5; noes — 4. Editors Note: The Delaware delegation is present again, moving the number of voting delegations to nine.
Delaware being represented during the Debate a question was again taken on ye Committee of ye whole Ayes — 3; noes — 6.
Mr. Williamson was opposed to it. Mr. Wilson. This part of the Report was well considered by the Committee, and he did not think it could be changed for the better. It was difficult to form any uniform rule of qualifications for all the States. Unnecessary innovations he thought too should be avoided. It would be very hard & disagreeable for the same persons, at the same time, to vote for representatives in the State Legislature and to be excluded from a vote for those in the Natl. Legislatur
Also tagged as: Aristocracy, British Model, Holland, Liberty, National Legislature, Parliament, Qualifications for Office, State Government, State Legislature, Suffrage, Taxation
Report of the Committee of Detail [Resolutions] - Article IV: Section 6
Also tagged as: Age, Citizenship, Congress, Delaware, Electors, First Branch of National Legislature, Georgia, House of Representatives, Impeachment, Massachusetts, Mode of Election, Mode of Representation, National Legislature, New Jersey, New York, Pennsylvania, Preamble, Proportional Representation, Representation, Representatives, Second Branch of National Legislature, Senate, Supreme Executive, Supreme Judiciary, Supreme Legislative, Taxation, The People, The States, Union, Virginia, We the People, Connecticut, Maryland, New Hampshire, North Carolina, Rhode Island, South Carolina, United States
It was moved and seconded to strike out the 3rd clause of the 1st section of the 5. article which passed in the affirmative [sic] [Ayes — 1; noes — 8; divided — 1.] Editors' note: As Farrand remarks in a footnote, the Journal is clearly mistaken here: Madison confirms that the motion was rejected. The number of voting delegations has here dropped to ten, as Delaware is absent according to the Detail of Ayes and Noes.
On the motion to agree to the three first clauses of the 1st section of the 5th article it passed in the affirmative [Ayes — 8; noes — 2; divided — 1.] Editors' note: Madison has "N. H ay. Mas. no. Ct. ay. N. J. ay. Pa. no- Del. ay. Md. ay. Virga ay N. C. no. S. C. divd. Geo. ay. [Ayes — 7; noes — 3; divided — 1.]" Pennsylvania's vote, recorded as "ay" in the Detail of Ayes and Noes, must therefore be recorded as uncertain: Farrand does not offer any speculation as to which record is corre
Mr. Elseworth. was opposed to the motion as discouraging meritorious aliens from emigrating to this Country. Mr. Pinkney. As the Senate is to have the power of making treaties & managing our foreign affairs, there is peculiar danger and impropriety in opening its door to those who have foreign attachments. He quoted the jealousy of the Athenians on this subject who made it death for any stranger to intrude his voice into their legislative proceedings. Col. Mason highly approved of the poli
It was moved and seconded to strike the following words out of the 2nd sect. of the 6. article, namely “with regard to property” which passed in the negative. [Ayes — 4; noes — 6.] Editors' note: Delaware's vote is not recorded in the Journal, but is recorded as "no" in Madison. Therefore it will be recorded here as uncertain.
It was moved and seconded to reconsider the 2nd sect. of the 4th article which passed in the affirmative [Ayes — 6; noes — 5.] Editors' note: Delaware have returned, bringing the number of voting delegations back to eleven.
Mr. King remarked that the section authorized the 2 Houses to adjourn to a new place. He thought this inconvenient. The mutability of place had dishonored the federal Govt. and would require as strong a cure as we could devise. He thought a law at least should be made necessary to a removal of the Seat of Govt. Mr Madison viewed the subject in the same light, and joined with Mr. King in a motion requiring a law. Mr. Governr. Morris proposed the additional alteration by inserting the words
Also tagged as: Bicameral Legislature, Executive, Executive Branch, First Branch of National Legislature, House of Representatives, National Legislature, Seat of Government, Second Branch of National Legislature, Senate
Report of the Committee of Detail [Resolutions] - Article VI: Section 8 - Proposal for a Law to Fix the Seat of Congress
Also tagged as: Adjournment, Bicameral Legislature, First Branch of National Legislature, House of Representatives, National Legislature, Seat of Government
It was moved and seconded to alter the 8th sect. of the 6. article to read as follows, namely, “The Legislature shall at their first assembling determine on a place at which their future Sessions shall be held: neither House shall afterwards, during the Session of the House of Representatives, without the consent of the other, adjourn for more than three days, nor shall they adjourn to any other place than such as shall have been fixed by law” which passed in the negative. Editors' note
Mr. Mercer. It was necessary he said to prevent a disfranchisement of persons who had become Citizens under the faith & according to — the laws & Constitution from being on a level in all respects with natives. Mr. Rutlidge. It might as well be said that all qualifications are disfranchisemts. and that to require the age of 25 years was a disfranchisement. The policy of the precaution was as great with regard to foreigners now Citizens; as to those who are to be naturalized in future. Mr S
Also tagged as: Age, Citizenship, Debt, Foreign Affairs, House of Representatives, Legislative Branch, National Legislature, Qualifications for Office, Treaties, Wealth
Mr. Randolph would not repeat his reasons, but barely remind the members from the smaller States of the compromise by which the larger States were entitled to this privilege. Col. Mason. This amendment removes all the objections urged agst. the section as it stood at first. By specifying purposes of revenue, it obviated the objection that the Section extended to all bills under which money might incidentally arise. By authorizing amendments in the Senate it got rid of the objections that the
Also tagged as: British Constitution, British Model, Commerce, Executive, General Government, House of Commons, House of Lords, House of Representatives, Large State, Legislative Branch, Legislative Power, Money Bills, National Government, National Legislature, National Treasury, Negative, Parliament, Qualifications for Office, Representation, Republic, Republican, Revenue, Senate, Small State, Taxation, War
Mr. Pinkney argued that the making the members ineligible to offices was degrading to them, and the more improper as their election into the Legislature implied that they had the confidence of the people; that it was inconvenient, because the Senate might be supposed to contain the fittest men. He hoped to see that body become a School of Public Ministers, a nursery of Statesmen: that it was impolitic, because the Legislature would cease to be a magnet to the first talents and abilities. ...
Also tagged as: Aristocracy, Compensation, Corruption, Electors, Eligibility for Office, Equal Representation, Executive, House of Lords, Legislative Appointment, Length of Term, Merit, Military, Money Bills, National Legislature, Power of War, Property, Proportional Representation, Qualifications for Office, Ratification, Second Branch of National Legislature, Senate, State Constitutions, State Executive, The People, Tyranny
Report of the Committee of Detail [Resolutions] - Article VI: Section 9 - Gerry for Ineligibility for One Year Afterwards in Each House
Also tagged as: Eligibility for Office, First Branch of National Legislature, House of Representatives, Second Branch of National Legislature, Second Term, Senate
M. Randolph had been & should continue uniformly opposed to the striking out of the clause; as opening a door for influence & corruption. No arguments had made any impression on him, but those which related to the case of war, and a co-existing incapacity of the fittest commanders to be employed. He admitted great weight in these, and would agree to the exception proposed by Mr. Govr. Morris.
Also tagged as: Corruption, Eligibility for Office, National Legislature
Mr. Govr Morris. remarked that if the members were to be paid by the States it would throw an unequal burden on the distant States, which would be unjust as the Legislature was to be a national Assembly. He moved that the payment be out of the Natl. Treasury; leaving the quantum to the discretion of the Natl. Legislature. There could be no reason to fear that they would overpay themselves. Mr. Butler contended for payment by the States; particularly in the case of the Senate, who will be so l
Also tagged as: Compensation, Divided sovereignty, First Branch of National Legislature, General Government, House of Representatives, National Legislature, National Treasury, Seat of Government, Second Branch of National Legislature, Senate, State Government
Mr Ghorum. this would be unreasonable. The Senate will be detained longer from home, will be obliged to remove their families, and in time of war perhaps to sit constantly. Their allowance should certainly be higher. The members of the Senates in the States are allowed more, than those of the other house.
Also tagged as: Bicameral Legislature, Compensation, House of Representatives, National Legislature, Senate
Mr. Govr. Morris regretted that something like the proposed check could not be agreed to. He dwelt on the importance of public Credit, and the difficulty of supporting it without some strong barrier against the instability of legislative Assemblies. He suggested the idea of requiring three fourths of each house to repeal laws where the President should not concur. He had no great reliance on the revisionary power as the Executive was now to be constituted (elected by the Congress). The legislatu
Also tagged as: Credit, Executive, Executive Branch, Judicial Branch, Legislative Branch, National Judiciary, National Legislature, President, Veto, War
Mr. Govr. Morris, suggested the expedient of an absolute negative in the Executive. He could not agree that the Judiciary which was part of the Executive, should be bound to say that a direct violation of the Constitution was law. A controul over the legislature might have its inconveniences. But view the danger on the other side. The most virtuous citizens will often as members of a legislative body concur in measures which afterwards in their private capacity they will be ashamed of. Encroachm
Report of the Committee of Detail [Resolutions] - Article VII: Section 1
Also tagged as: Commerce, Inferior Tribunals, Military, Militia, National Legislature, Necessary and Proper, Power of War, Taxation, Treaties, War, Immigration, National Mint, Naturalization, Piracy, Impost, Legislative Power
Mr. Govr Morris. If the United States had credit such bills would be unnecessary: if they had not unjust & useless. Mr. Madison, will it not be sufficient to prohibit the making them a tender? This will remove the temptation to emit them with unjust views. And promissory notes in that shape may in some emergencies be best. Mr. Govr. Morris. striking out the words will leave room still for notes of a responsible minister which will do all the good without the mischief. The Monied interest w
Also tagged as: Congress, Credit, Finance, Legislative Power, National Legislature, Paper Money
It was moved and seconded to insert the word “joint” before the word “ballot” in the 9 clause of the 1 sect. 7 article, which passed in the affirmative [Ayes — 7; noes — 3.] Editors note: Delaware are the missing delegation, bringing the vote count to ten.
It was moved and seconded to strike out the 9 clause of the 1. sect. of the 7 article which passed in the negative [Ayes — 4; noes — 6.] Editors note: Delaware return for this vote, and New Jersey become the absent delegation according to the Detail of Ayes and Noes.
Report of the Committee of Detail [Resolutions] - Article VII: Section 1 - Eleventh Clause (Captures)
Also tagged as: Congress, Legislative Appointment, National Legislature, Piracy, War
Report of the Committee of Detail [Resolutions] - Article VII: Section 1 - Twelfth Clause (Piracies and Felonies)
Also tagged as: Congress, Legislative Power, National Legislature, Piracy, Power of War
“To subdue rebellion” Ayes — 2; noes — 4; divided — 1. Editors' note: Farrand is not certain that this vote belongs with this question, but in the absence of any other evidence, it will be used as the Journal suggests. The Detail of Ayes and Noes suggests the low vote count stems from Massachusetts, Pennsylvania, and Delaware joining New Jersey as absent.
Report of the Committee of Detail [Resolutions] - Article VII: Section 1 - Fourteenth Clause (War)
Also tagged as: Congress, Legislative Power, National Legislature, Power of War
Mr Pinkney opposed the vesting this power in the Legislature. Its proceedings were too slow. It wd. meet but once a year. The Hs. of Reps. would be too numerous for such deliberations. The Senate would be the best depositary, being more acquainted with foreign affairs, and most capable of proper resolutions. If the States are equally represented in Senate, so as to give no advantage to large States, the power will notwithstanding be safe, as the small have their all at stake in such cases as wel
Also tagged as: Congress, Executive, Executive Power, First Branch of National Legislature, Foreign Affairs, House of Representatives, Large State, Legislative Power, National Legislature, Power of War, Second Branch of National Legislature, Senate
Report of the Committee of Detail [Resolutions] - Article VII: Section 1 - Fourteenth Clause (War): Madison/Gerry for "Declare"
Mr. Madison and Mr Gerry moved to insert “declare,” striking out “make” war; leaving to the Executive the power to repel sudden attacks. Mr Sharman thought it stood very well. The Executive shd. be able to repel and not to commence war. “Make” better than “declare” the latter narrowing the power too much. Mr Gerry never expected to hear in a republic a motion to empower the Executive alone to declare war. Mr. Elseworth. there is a material difference between the cases of making war, and
Also tagged as: Congress, Diplomacy, Executive, Executive Power, Legislative Power, National Legislature, Power of War, Second Branch of National Legislature, Senate
It was moved and seconded to strike out the word “make” and to insert the word “declare” in the 14th clause which passed in the negative [Ayes — 4; noes — 5.] Editors note: The number of voting delegations having returned to nine, with the return of Delaware and Pennsylvania, indicated that Massachusetts was still absent.
Report of the Committee of Detail [Resolutions] - Article VII: Section 1 - Fourteenth Clause (War): Butler for "Make Peace"
Also tagged as: Congress, Diplomacy, Legislative Power, National Legislature, Peace, Power of War
Proposed Powers of the Legislature of the United States - Gerry on Securities and Letters of Marque
Also tagged as: Congress, Legislative Power, Letter of Marque, National Legislature, Power of War, Privateering
Mr. Mason was much attached to the principle, but was afraid such a fetter might be dangerous in time of war. He suggested the necessity of preventing the danger of perpetual revenue which must of necessity subvert the liberty of any Country. If it be objected to on the principal of Mr. Rutlidge’s motion that Public Credit may require perpetual provisions, that case might be excepted; it being declared that in other cases, no taxes should be laid for a longer term than years. He considered the c
Proposed rules and standing orders for the Convention - Rutledge's August/September Timetable
Genl. Pinkney asked whether no troops were ever to be raised untill an attack should be made on us? Mr. Gerry. if there be no restriction, a few States may establish a military Govt. Mr. Williamson, reminded him of Mr. Mason’s motion for limiting the appropriation of revenue as the best guard in this case. Mr. Langdon saw no room for Mr. Gerry’s distrust of the Representatives of the people. Mr. Dayton. preparations for war are generally made in peace; and a standing force of some so
Mr. Mason considered uniformity as necessary in the regulation of the Militia throughout the Union. Genl Pinkney mentioned a case during the war in which a dissimilarity in the militia of different States had produced the most serious mischiefs. Uniformity was essential. The States would never keep up a proper discipline of their militia. Mr. Elseworth was for going as far in submitting the militia to the Genl Government as might be necessary, but thought the motion of Mr. Mason went too f
Mr Madison thought the regulation of the Militia naturally appertaining to the authority charged with the public defence. It did not seem in its nature to be divisible between two distinct authorities. If the States would trust the Genl. Govt. with a power over the public treasure, they would from the same consideration of necessity grant it the direction of the public force. Those who had a full view of the public situation wd. from a sense of the danger, guard agst. it: the States would not be
Mr. Madison, thought the definition too narrow. It did not appear to go as far as the Stat. of Edwd. III. He did not see why more latitude might not be left to the Legislature. It wd. be as safe as in the hands of State legislatures; and it was inconvenient to bar a discretion which experience might enlighten, and which might be applied to good purposes as well as be abused. Mr Mason was for pursuing the Stat: of Edwd. III. Mr. Govr Morris was for giving to the Union an exclusive right to
Report of the Committee of Detail [Resolutions] - Article VII: Section 2 - "Overt Act"
Report of the Committee of Detail [Resolutions] - Article VII: Section 2 - Morris/Randolph to Substitute Statute Language
Mr. Wilson. the clause is ambiguous now. “Sole” ought either to have been inserted — or “against the U- S.” to be reinstated. Mr King no line can be drawn between levying war and adhering to enemy — agst the U. States and agst an individual States — Treason agst the latter must be so agst the former. Mr Sherman, resistance agst. the laws of the U- States as distinguished from resistance agst the laws of a particular State, forms the line- Mr. Elseworth- the U. S. are sovereign on one si
Report of the Committee of Detail [Resolutions] - Article VII: Section 2 - First Clause Amendment
It was moved and seconded to amend the 1st clause of the 2 sect. 7 article to read “Treason against the United States shall consist only in levying war against them, or in adhering to their enemies” which passed in the affirmative. Editors' note: No vote count is provided.
Report of the Committee of Detail [Resolutions] - Article VII: Section 3 - Williamson on Settling Expenses of War
Also tagged as: Debt, Legislative Power, Taxation, War
Mr. Carrol brought into view the difficulty that might arise on this subject from the establishment of the Constitution as intended without the Unanimous consent of the States.
Also tagged as: Debt, Taxation, War
Mr. Madison. The last appointment of Congs., on which the number of Representatives was founded, was conjectural and meant only as a temporary rule till a Census should be established. Mr. Read. The requisitions of Congs. had been accommodated to the impoverishments produced by the war; and to other local and temporary circumstances — Mr. Williamson opposed Mr Gerry’s motion Mr Langdon was not here when N. H. was allowed three members. If it was more than her share; he did not wish for
Also tagged as: Census, Legislative Branch, Legislative Power, National Legislature, Taxation
Mr. Langdon. by this section the States are left at liberty to tax exports. N. H. therefore with other non-exporting States, will be subject to be taxed by the States exporting its produce. This could not be admitted. It seems to be feared that the Northern States will oppress the trade of the Southn. This may be guarded agst by requiring the concurrence of two-thirds or three-fourths of the legislature in such cases. Mr Elseworth— It is best as it stands— The power of regulating trade betwee
Also tagged as: Exports, Immigration, Legislative Authority, Legislative Branch, Legislative Power, National Legislature, New Jersey, North Carolina, Northern States, Pennsylvania, Power of War, Revenue, Southern States, Taxation, Trade, War Powers
Art. VII sect 4. resumed. Mr. Sherman was for leaving the clause as it stands. He disapproved of the slave trade: yet as the States were now possessed of the right to import slaves, as the public good did not require it to be taken from them, & as it was expedient to have as few objections as possible to the proposed scheme of Government, he thought it best to leave the matter as we find it. He observed that the abolition of slavery seemed to be going on in the U. S. & that the good sense of the
Also tagged as: Congress, Cromwell, General Government, Greece, Legislative Power, National Legislature, Northern States, Quakers, Rome, Slavery, Southern States, State power, Taxation, Trade, Union, Western States
Mr. Sherman considered this as absolutely inadmissible. He said that if the people should be so far asleep as to allow the Most influential officers of the Militia to be appointed by the Genl. Government, every man of discernment would rouse them by sounding the alarm to them — Mr. Gerry. Let us at once destroy the State Govts have an Executive for life or hereditary, and a proper Senate, and then there would be some consistency in giving full powers to the Genl Govt. but as the States are no
Also tagged as: Congress, Constitutional Convention, General Government, Legislative Power, Military, Militia, National Legislature, State Government, States' Rights
Mr Madison suggested the inconvenience of requiring a legal ratification of treaties of alliance for the purposes of war &c &c Mr. Ghorum. Many other disadvantages must be experienced if treaties of peace and all negociations are to be previously ratified — and if not prevously, the Ministers would be at a loss how to proceed— What would be the case in G. Britain if the King were to proceed in this maner? American Ministers must go abroad not instructed by the same Authority (as will be the c
Also tagged as: Corruption, Diplomacy, Foreign Affairs, Legislative Power, Parliament, Peace, Second Branch of National Legislature, Senate, Small State, Treaties, War
Report of the Committee of Detail [Resolutions] - Article X: Section 2 - Sherman on Appointment of Officers By Law
On the question N— H— no. Mas. no. Ct. ay— Pa no Md. no. Va. no. N. C. no. S. C. no. Geo. no. [Ayes — 1; noes — 8.] Editors' note: In the Detail of Ayes and Noes, the Journal includes Delaware in the negative, about which Farrand writes 'Probably the same as Vote 372, Detail of Ayes and Noes, which includes Delaware in the negative.' Therefore it will be followed as the more accurate source.
Mr. Madison...urged that such acts by the States would be unnecessary — impolitic — & unjust— Mr. Sherman thought the States ought to retain this power in order to prevent suffering & injury to their poor. Col: Mason thought the amendment would be not only improper but dangerous, as the Genl. Legislature would not sit constantly and therefore could not interpose at the necessary moments— He enforced his objection by appealing to the necessity of sudden embargoes during the war, to prevent
Mr. Pinkney...remarked that there were five distinct commercial interests— 1. the fisheries & W. India trade, which belonged to the N. England States. 2. the interest of N. York lay in a free trade. 3. Wheat & flour the Staples of the two Middle States, (N. J. & Penna.)— 4 Tobo. the staple of Maryd. & Virginia & partly of N. Carolina. 5. Rice & Indigo, the staples of S. Carolina & Georgia. These different interests would be a source of oppressive regulations if no check to a bare majority should
Report of the Committee of Detail [Resolutions] - Article XVII: Carroll to Strike Out Consent of State to Division
Mr Carrol moved to add — “Provided nevertheless that nothing in this Constitution shall be construed to affect the claim of the U. S. to vacant lands ceded to them by the Treaty of peace”. This he said might be understood as relating to lands not claimed by any particular States. but he had in view also some of the claims of particular States. Mr. Wilson was agst. the motion. There was nothing in the Constitution affecting one way or the other the claims of the U. S. & it was best to insert n
Mr. Carrol mentioned the mode of altering the Constitution of Maryland pointed out therein, and that no other mode could be pursued in that State. Mr. King thought that striking out “Conventions”. as the requisite mode was equivalent to giving up the business altogether. Conventions alone, which will avoid all the obstacles from the complicated formation of the Legislatures, will succeed, and if not positively required by the plan, its enemies will oppose that mode. Mr. Govr. Morris said h
Report of the Committee of Detail [Resolutions] - Article XXII
Report of the Committee of Detail [Resolutions] - Article XXII: Morris and Pinckney's Amendment
It was moved and seconded to agree to the following amendment to the 22nd article “This Constitution shall be laid before the United States in Congress assembled — and it is the opinion of this Convention that it should afterwards be submitted to a Convention chosen in each State in order to receive the ratification of such Convention: to which end the several Legislatures ought to provide for the calling Conventions within their respective States as speedily as circumstances will permit.”
Mr. Madison thought the restriction wd. be inconvenient, as in the River Delaware, if a vessel cannot be required to make entry below the jurisdiction of Pennsylvania. Mr. Fitzimmons admitted that it might be inconvenient, but thought it would be a greater inconveniency to require vessels bound to Philada. to enter below the jurisdiction of the State. Mr. Gorham & Mr. Langdon, contended that the Govt would be so fettered by this clause, as to defeat the good purpose of the plan. They menti
It was moved and seconded to strike out the words “judgments obtained in one State shall have in another” and to insert the word “thereof” after the word “effect” in the report from the Committee of five entered on the Journal of the 1st instant which passed in the affirmative [Ayes — 6; noes — 3.] Editors' note: Both New Hampshire and Delaware are recorded as absent for this vote in the Detail of Ayes and Noes, bringing the number of voting delegations to nine.
Second Report of the Grand Committee on Postponed Questions
Second Report of the Grand Committee on Postponed Questions
Third Report of the Grand Committee on Postponed Questions: First Clause
Mr Gerry suggested that the eventual election should be made by six Senators and seven Representatives chosen by joint ballot of both Houses. Mr King observed that the influence of the Small States in the Senate was somewhat balanced by the influence of the large States in bringing forward the candidates, and also by the Concurrence of the small States in the Committee in the clause vesting the exclusive origination of Money bills in the House of Representatives.
Mr. Gerry proposed, as the President was to be elected by the Senate out of the five highest candidates, that if he should not at the end of his term be re-elected by a majority of the Electors, and no other candidate should have a majority, the eventual election should be made by the Legislature — This he said would relieve the President from his particular dependence on the Senate for his continuance in office. Mr. King liked the idea, as calculated to satisfy particular members & promote u
Second Report of the Grand Committee on Postponed Questions: Article X - Section on Powers of the President: Two Thirds Consent to Treaties - Madison on Peace Treaties
Mr Gorham thought the precaution unnecessary as the means of carrying on the war would not be in the hands of the President, but of the Legislature. Mr. Govr Morris thought the power of the President in this case harmless; and that no peace ought to be made without the concurrence of the President, who was the general Guardian of the National interests. Mr. Butler was strenuous for the motion, as a necessary security against ambitious & corrupt Presidents. He mentioned the late perfidious
Mr. Wilson wished the requisition of two thirds to be struck out altogether If the majority cannot be trusted, it was a proof, as observed by Mr. Ghorum, that we were not fit for one Society. A reconsideration of the whole clause was agreed to. Mr. Govr. Morris was agst. striking out the “exception of Treaties of peace” If two thirds of the Senate should be required for peace, the Legislature will be unwilling to make war for that reason, on account of the Fisheries or the Mississippi, the
Mr. Madison, objected to a trial of the President by the Senate, especially as he was to be impeached by the other branch of the Legislature, and for any act which might be called a misdemesnor. The President under these circumstances was made improperly dependent. He would prefer the supreme Court for the trial of impeachments, or rather a tribunal of which that should form a part. Mr Govr Morris thought no other tribunal than the Senate could be trusted. The Supreme Court were too few in nu
Mr. Sherman opposed it— he thought the provision on that subject amply sufficient. Col: Hamilton expressed himself with great earnestness and anxiety in favor of the motion. He avowed himself a friend to a vigorous Government, but would declare at the same time, that he held it essential that the popular branch of it should be on a broad foundation. He was seriously of opinion that the House of Representatives was on so narrow a scale as to be really dangerous, and to warrant a jealousy in th
Mr. Gerry moved to reconsider art: XXI & XXII from the latter of which “for the approbation of Congs.” had been struck out. He objected to proceeding to change the Government without the approbation of Congress as being improper and giving just umbrage to that body. He repeated his objections also to an annulment of the confederation with so little scruple or formality. Mr. Hamilton concurred with Mr. Gerry as to the indecorum of not requiring the approbation of Congress. He considered this a
The draught of a letter to Congress being at the same time reported — was read once throughout, and afterwards agreed to by paragraphs. Editors' note: Since there does not appear to be a record of this debate and the several accompanying votes, one vote will be used to represent agreement to the letter.
Mr. Williamson moved to reconsider the clause requiring three fourths of each House to overrule the negative of the President, in order to strike out ¾ and insert ⅔. He had he remarked himself proposed ¾ instead of ⅔, but he had since been convinced that the latter proportion was the best. The former puts too much in the power of the President. Mr. Sherman was of the same opinion; adding that the States would not like to see so small a minority and the President, prevailing over the general v
The Clause relating to exports being reconsidered, at the instance of Col: Mason, Who urged that the restriction on the States would prevent the incidental duties necessary for the inspection & safe-keeping of their produce, and be ruinous to the Staple States, as he called the five Southern States, he moved as follows — ‘provided nothing herein contained shall be construed to restrain any State from laying duties upon exports for the sole purpose of defraying the Charges of inspecting, packing,
Report of the Committee of Detail [Resolutions] - Article XIII: Mason's Amendment - Dickinson's Addition
It was intimated on the other side that cases might arise where secrecy might be necessary in both Houses — Measures preparatory to a declaration of war in which the House of Reps. was to concur, were instanced.
Mr. Bedford contended for an increase in favor of Rho: Island, and of Delaware also.
Report of the Committee of Style - Article 1: Section 10 - No State Restrained from Duties of Tonnage
Report of the Committee of Style - Article 1: Section 10 - Restrictions Remoulded
Report of the Committee of Style - Article VII: Randolph for Amendments by State Conventions
Mr Randolph then rose and with an allusion to the observations of Docr Franklin, apologized for his refusing to sign the Constitution, notwithstanding the vast majority & venerable names that would give sanction to its wisdom and its worth. He said however that he did not mean by this refusal to decide that he should oppose the Constitution without doors. He meant only to keep himself free to be governed by his duty as it should be prescribed by his future judgment — He refused to sign, because
'The Honorable Richard Bassett, from the state of Delaware, appeared and took his seat.'
Also tagged as: State
'The honorable Ralph Izard, from the state of South Carolina, the honorable Charles Carroll, from the state of Maryland, and the honorable George Read, from the state of Delaware, severally produced their credentials, and took their seats in the Senate.'
Also tagged as: State, Senate
'The honorable Ralph Izard, from the state of South Carolina, the honorable Charles Carroll, from the state of Maryland, and the honorable George Read, from the state of Delaware, severally produced their credentials, and took their seats in the Senate.'
Also tagged as: State, Senate
'The honorable Ralph Izard, from the state of South Carolina, the honorable Charles Carroll, from the state of Maryland, and the honorable George Read, from the state of Delaware, severally produced their credentials, and took their seats in the Senate.'
Also tagged as: State, Senate
Virginia's Address to the Congress
Also tagged as: Several, United, House, Congress, Representatives, Following, State, States, Constitution, People, Obtaining, Amendments, Time
Motion to Refer Virginia's Address
Also tagged as: United, House, Congress, Committed, State, Taken, States, Nature, Thirds, Number, Due, Fourth, Amendments, Time
'Mr. BLAND observed, that this application was made with a view of obtaining amendments to the constitution in one of the two modes pointed out in the 5th article; that copies of the application with an address had been sent to the several states, but that few of them seemed to have coincided with Virginia in opinion, and whether the apprehensions of the people of that state were well or ill founded, time alone would determine. He wished that the paper might be referred to a committee of the who
Also tagged as: Taken, States, Informed, Take, Best, Due, Place, United, Prescribed, State, Nature, Order, Obtaining, Exercise, House, Congress, Liberty, Constitution, According, Amendments, Time, People, Several, Committed, Subject, Thirds, Number
'Another member, to wit, John Vining, from Delaware, appeared and took his seat.'
'Another member, to wit, John Vining, from Delaware, appeared and took his seat' (U.S. House Journal, 1st Cong., 1st sess., 6 May 1789). [Editor's note: As both the House Journal and the Annals state, Vining arrived in Congress on 6 May 1789. However, the Committee of the Whole did not meet on that day. As a result, he is here represented as joining the Committee of the Whole on its first meeting following his arrival.]
Also tagged as: State, House, Following, First, Congress
Motion to Resolve into Committee of the Whole
Also tagged as: United, House, Resolved, Rights, States, Order, According, Time
'The House, according to the order of the day, resolved itself into a Committee of the Whole House on the bill for laying a duty on goods, wares, and merchandises, imported into the, United States. Mr. Speaker left the chair. Mr. Page took the chair of the committee.'
Also tagged as: United, House, Resolved, States, Order, According
Motion to Resolve into Committee of the Whole
Also tagged as: United, House, Resolved, Rights, States, Order, According, Time
'The House, according to the order of the day, resolved itself into a Committee of the Whole House on the bill for laying a duty on goods, wares, and merchandises, imported into the United States. Mr. Speaker left the chair. Mr. Page took the chair of the committee.'
Also tagged as: United, House, Resolved, States, Order, According
Motion to Postpone Consideration of Amendments
Also tagged as: United, House, Congress, Amendments, Subject, States, Make, Take, Constitution, Number, Fourth, According, Fifth, Time
Madison's Motion to Consider Amendments in the Committee of the Whole
Also tagged as: United, House, Congress, State, Subject, States, Take, Constitution, Amendments, Fifth
Smith's Proposal for a Select Committee
Also tagged as: Several, United, House, Congress, Government, Proposed, Public, Consent, Taken, State, States, Case, Subject, Take, Conventions, Necessary, Amendments, Time
'Mr. JACKSON.—I am of the opinion we ought not to be in a hurry with respect to altering the constitution. For my part, I have no idea of speculating in this serious manner on theory. If I agree to alterations in the mode of administering this Government, I shall like to stand on the sure ground of experience, and not be treading air. What experience have we had of the good or bad qualities of this constitution? Can any gentleman affirm to me one proposition that is a certain and absolute amend
Also tagged as: Senate, Taken, States, Take, Keep, Place, United, Jury, State, Answer, Congress, Government, Make, Certain, Constitution, Right, Amendments, Time, Respecting, Ground, Part, Subject, Put, Amendment, Deny
'Mr. MADISON.—I am sorry to be accessary [sic] to the loss of a single moment of time by the House. If I had been indulged in my motion, and we had gone into a Committee of the whole, I think we might have rose and resumed the consideration of other businesses before this time; that is, so far as it depended upon what I proposed to bring forward. As that mode seems not to give satisfaction, I will withdraw the motion, and move you, sir, that a select committee be appointed to consider and report
Also tagged as: Several, House, Congress, Proposed, Second, Legislatures, States, Constitution, Amendments, Fifth, Original, Time
Madison's Motion to Appoint a Select Committee on Amendments
Also tagged as: Several, United, House, Effects, Congress, Proposed, Legislatures, States, Put, Constitution, Amendments, Fifth, Speech, Time
Madison's Proposed Amendments
Also tagged as: Use, Prevent, State, Disparage, Exercise, Freedom, Representative, Confidence, Liberty, Respecting, Time, Proposed, Things, Violated, Fourth, Amendment, Others, States, Establishment, United, Public, Order, Favor, Arising, Abridging, Government, Ratified, Right, Rights, Articles, Number, Fifth, Senate, Taken, Take, Conventions, Value, America, Required, Houses, Persons, Danger, First, Answer, House, Case, Controversy, Certain, Make, Constitution, Amendments, People, Necessary, Ground, Representatives, Legislatures, Court, Subject, Secure, Suits, Thirty, Enumeration, Press, Defence, Criminal, Thousand, Delegated, Security, Compelled, Fact, Best, Common, Retained, Compensation, Place, Purposes, Jury, Trial, Nature, Proportion, Warrants, Obtaining, Cases, Added, Reserved, Law, Congress, Exceed, Effect, Powers, Service, Varying, Several, Part, Put
'Mr. JACKSON.—The more I consider the subject of amendments, the more I am convinced it is improper. I revere the rights of my constituents as much as any gentleman in Congress, yet I am against inserting a declaration of rights in the constitution, and that for some of the reasons referred to by the gentleman last up. If such an addition is not dangerous or improper, it is at least unnecessary: that is a sufficient reason for not entering into the subject at a time when there are urgent calls f
Also tagged as: Press, Senate, Defence, Life, Security, Taken, States, Supported, Conventions, Take, Establishment, Infringed, Prevent, Due, Best, Place, Speech, Person, United, America, Jury, Peace, Required, Public, Trial, State, Order, Houses, Persons, Favor, Cases, Exercise, Private, First, Danger, Freedom, Law, House, Government, Congress, Property, Confidence, Case, Effect, Liberty, Certain, Make, Ratified, Constitution, Powers, Right, Third, Amendments, Respecting, Time, Necessary, People, Several, Proposed, War, Representatives, Rights, Things, Legislatures, Consent, Suits, Secure, Subject, Addition, Desire, Part, Adopting, Number, Amendment, Deny
'Mr. SUMTER.—I consider the subject of amendments of such great importance to the Union, that I shall be glad to see it undertaken in any manner. I am not, Mr. Speaker disposed to sacrifice substance to form; therefore, whether the business shall originate in a Committee of the whole, or in the House, is a matter of indifference to me, so that it be put in train. Although I am seriously inclined to give this subject a full discussion, yet I do not wish it to be fully entered into at present, but
Also tagged as: States, Take, Conventions, Public, State, Obtaining, Exercise, House, Congress, Government, Confidence, Powers, Constitution, Amendments, People, Time, Respecting, Rights, Committed, Things, Subject, Put
'Mr. MADISON arose and withdrew his last motion for a select committee...' (Gazette of the United States, edition of 10 June 1789). *** 'Mr. MADISON found himself unfortunate in not satisfying gentlemen with respect to the mode of introducing the business; he thought from the dignity and peculiarity of the subject, that it ought to be referred to a Committee of the whole. He accordingly made that motion first, but finding himself not likely to succeed in that way, he had changed his groun
Also tagged as: United, House, Ground, Congress, Proposed, Following, States, Subject, Order, Amendment, Amendments, Original, Time
'Mr. LIVERMORE [of New Hampshire] was opposed to this resolve—he conceived it entirely improper for any individual member to propose any particular number of amendments, which do not take up the different amendments proposed by the several States. Mr. PAGE and Mr. [BLAND] LEE severally rose to justify Mr. Madison...and conceived that the mode he had adopted was just and fair—and calculated to bring the attention of the House to a proper point in determining the subject. Mr. MADISON observe
Also tagged as: Several, United, House, Proposed, Others, States, Subject, Take, Number, Amendments, Time, Necessary
Boudinot's Motion to Appoint a Select Committee on Amendments
Also tagged as: United, Congress, Proposed, State, States, Amendments
'Mr. BOUDINOT wished the appointment of a select committee, but afterwards withdrew his motion' (Annals of Congress, 1st Cong., 1st sess., 468).
Also tagged as: Congress
Delaware Form of Ratification
Also tagged as: Pursuant, Several, Amendments, States
Motion to Resolve into Committee of the Whole
Also tagged as: United, House, Imposed, Resolved, Rights, States, Order, According, Time
'The House, according to the order of the day, resolved itself into a Committee of the Whole House on the bill to regulate the collection of duties imposed on goods, wares, and merchandises, imported into the United States. Mr. Speaker left the chair. Mr. Trumbull took the chair of the Committee.'
Also tagged as: United, House, Imposed, Resolved, States, Order, According
Madison's Proposed Amendments
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
Massachusetts Form of Ratification
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
South Carolina Form of Ratification
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
'Mr. SEDGWICK opposed the motion, for the reasons given by his colleague, observing that the members from the several States proposing amendments would no doubt drag the House through the consideration of every one, whatever their fate might be after they were discussed; now gentlemen had only to reflect on this, and conceive the length of time the business would take up, if managed in this way. Mr. WHITE thought no time would be saved by appointing a select committee. Every member would Iik
Also tagged as: Security, Taken, States, Supported, Take, Conventions, Expressed, Value, Trial, State, Houses, House, Congress, Government, Constitution, Witness, Amendments, Necessary, People, Several, Time, Proposed, Rights, Probable, Subject, Fifth
New Hampshire Form of Ratification
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
Virginia Form of Ratification
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
Gerry's Motion to Bring State Amendments Forward
Also tagged as: House, Congress, Proposed, State, Make, Conventions, Amendments
Amendments Proposed by the Virginia Convention
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
'Mr. PAGE replied, that such motion would be out of order, until the present question was determined. A desultory conversation ensued, and it was questioned whether the subject generally was to be before the Committee of the whole, or those specific propositions only which had already been introduced. Mr. GERRY said, that it was a matter of indifference how this question was understood, because no gentleman could pretend to deny another the privilege of bringing forward propositions conf
Also tagged as: Senate, Others, Security, Taken, States, Take, Conventions, Keep, Fact, Prevent, Place, United, Required, Public, Less, State, Extending, Order, Houses, Added, Amendment, Danger, House, Government, Congress, Effect, Certain, Constitution, Amendments, Time, Respecting, People, Necessary, Several, Proposed, Rights, Part, Subject, Put, Thirds, Rules, Press, Deny
New York Form of Ratification
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
'Ordered, That the Committee of the Whole House on the state of the Union be discharged from proceeding on a motion referred to the said committee, on the eighth day of June last, stating certain specific amendments proper to be proposed by Congress to the Legislatures of the States, to become, if ratified by three-fourths thereof, part of the Constitution of the United States; and that the said motion, together with the amendments to the said Constitution, as proposed by the several States, be
Also tagged as: Several, United, House, Eighth, Congress, Proposed, Legislatures, State, Part, States, Subject, Certain, Take, Ratified, Adopting, Constitution, Amendments
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give ever
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
[Editor's note: At this point in the proceedings, Madison moves to go into the Committee of the Whole to consider amendments to the Constitution. Several delegates argued the expedience of this idea and either rejected it outright or suggested, rather, that a select committee be appointed to consider the states' objections to the Constitution. Page, for instance, expresses that '[h]e thought it would be very agreeable to the majority of the Union...to find that the Government meant to give every
Also tagged as: Several, United, House, Congress, Government, Proposed, Rights, Security, State, States, Subject, Take, Conventions, Expressed, Constitution, Amendments, People
'Mr. PAGE hoped the House would agree to the motion of his colleague without hesitation, because he conceived it essentially necessary to proceed and finish the business as speedily as possible; for whatever might be the fact with respect to the security which the citizens of America had their rights and liberties under the new constitution, yet unless they saw it in that light, they would be uneasy, not to say dissatisfied. He thought, likewise, that the business would be expedited by the s
Also tagged as: Senate, Others, Security, Taken, States, Informed, Supported, Take, Conventions, Establishment, Expressed, Keep, Best, Due, Fact, Place, Speech, Purposes, United, Peace, America, State, Nature, Proportion, Order, Favor, Added, Freedom, Danger, First, Law, House, Government, Congress, Land, Confidence, Effect, Certain, Make, Constitution, Amendments, Time, People, Necessary, Several, Proposed, Representatives, Rights, Consent, Crime, Desire, Subject, Secure, Part, Put, Number, Intervened, Press
'Mr. MADISON—Form, sir, is always of less importance than the substance; but on this occasion, I admit that form is of some consequence, and it will be well for the House to pursue that which, upon reflection, shall appear the most eligible. Now it appears to me, that there is a neatness and propriety in incorporating the amendments into the constitution itself; in that case the system will remain uniform and entire; it will certainly be more simple, when the amendments are interwoven into thos
Also tagged as: States, Supported, Take, Place, Original, United, Less, State, Order, Added, Arising, Law, House, Congress, Case, Liberty, Ratified, Constitution, Right, According, Amendments, People, Several, Proposed, Addition, Legislatures, Part, Suits, Ascertained, Amendment
Point of Order
Also tagged as: Order, House, Amendments, Congress, Proposed
'Mr. LIVERMORE was clearly of opinion, that whatever amendments were made to the constitution, they ought to stand separate from the original instrument. We have no right, said he, to alter a clause, any otherwise than by a new proposition. We have well-established precedents for such a mode of procedure in the practice of the British Parliament and the State Legislatures throughout America. I do not mean, however, to assert that there has been no instance of a repeal of the whole law on enactin
Also tagged as: Defence, Senate, Others, Taken, States, Valid, Take, Conventions, Use, Fact, Best, Retained, Place, Original, Purposes, United, America, Public, Less, State, Order, Houses, Favor, Cases, Exercise, First, Assembled, Law, House, Government, Congress, Oath, Case, Effect, Liberty, Certain, Make, Ratified, Constitution, Powers, Right, Amendments, Respecting, Necessary, People, Time, Ground, Several, Proposed, Representatives, Intents, Rights, Things, Legislatures, Consent, Secure, Subject, Addition, Desire, Preserved, Part, Put, Adopting, Number, Amendment, Fifth, Construed
Mr. TUCKER.—I presume these propositions are brought forward under the idea of being amendments to the constitution; but can this be esteemed an amendment of the constitution? If I understand what is meant by the introductory paragraph, it is the preamble to the constitution; but a preamble is no part of the constitution. It is, to say the best, a useless amendment. For my part, I should as soon think of amending the concluding part, consisting of General Washington's letter to the President of
Also tagged as: Others, Taken, States, Conventions, Establishment, Expressed, Fact, Best, Place, Original, United, America, State, Exercise, Added, House, Congress, Certain, Constitution, Right, Amendments, People, Necessary, Proposed, Rights, Addition, Desire, Part, Amendment
Vining's Amendment to the Second Proposition
Also tagged as: Congress, Representatives, Second, Hundred, State, Desire, Forty, Secure, Constitution, Number, Amendment
Ames's Amendment to the Second Proposition
Also tagged as: Thousand, Security, States, Take, Expressed, Prevent, Place, Original, United, Public, Proportion, Nature, Forty, Persons, Added, First, Representative, House, Government, Congress, Certain, Make, Amendments, According, Time, Respecting, Necessary, People, Proposed, Rights, Second, Subject, Thirty, Number, Capital, Amendment
Tucker's Amendment to the Second Proposition
Also tagged as: States, Take, Keep, Prevent, Place, United, Public, Less, Proportion, Amount, First, House, Congress, Hundred, Effect, According, People, Proposed, Representatives, Addition, Second, Thirty, Number, Enumeration, Amendment
'Mr. SHERMAN said, if they were now forming a constitution, he should be in favor of one representative for forty thousand, other than thirty thousand…So far was he from thinking a hundred and seventy-five insufficient, that he was about to move for a reduction, because he always considered that a small body deliberated to better purpose than a greater one. Mr. MADISON hoped gentlemen would not be influenced by what had been related to have passed in the convention; he expected the committee
Also tagged as: Thousand, Senate, Others, States, Expressed, Prevent, Best, Senators, United, Public, Less, Extending, Proportion, Insure, Forty, Favor, First, Representative, Answer, House, Government, Congress, Hundred, Case, Certain, Constitution, Amendments, People, Several, Proposed, Representatives, Addition, Consent, Legislatures, Thirty, Number, Enumeration, Amendment
'Mr. LIVERMORE wished to amend the clause of the report in such a manner as to prevent the power of Congress from deciding the rate of increase. He thought the constitution had better fix it, and let it be gradual until it arrived at two hundred. After which, if it was the sense of the committee, it might be stationary and liable to no other variation than that of being apportioned among the members of the Union. Mr. AMES suggested to the consideration of gentlemen, whether it would not be be
Also tagged as: Thousand, House, Congress, Second, Nature, Subject, Forty, Order, Make, Thirty, Constitution, Prevent, Number
'Mr. SMITH, of South Carolina, was in favor of [Ames's] motion. Mr. GERRY thought that the object of the motion was to prevent such a thorough discussion of the business as the nature of it demanded. He called upon gentlemen to recollect the consistency of his honorable colleague, who had proposed to refer the subject to a select committee, lest an open and full examination should lay bare the muscles and sinews of the constitution. He had succeeded on that occasion, and the business was put
Also tagged as: House, Congress, Proposed, Less, Legislatures, State, Nature, Subject, Put, Houses, Constitution, Prevent, Favor
'Mr. CARROLL.—As the rights of conscience are, in their nature, of peculiar delicacy, and will little bear the gentlest touch of governmental hand; and as many sects have concurred in opinion that they are not well secured under the present constitution, he said he was much in favor of adopting the words. He thought it would tend more towards conciliating the minds of the people to the Government than almost any other amendment he had heard proposed. He would not contend with gentlemen about the
Also tagged as: Effects, Others, Taken, Free, States, Compelled, Supported, Conventions, Establishment, Expressed, Prevent, Place, Person, Religion, Required, State, Nature, Cases, Favor, Exercise, First, Freedom, Law, Government, Congress, Make, Constitution, Necessary, People, Several, Proposed, Rights, Things, Court, Part, Subject, Secure, Put, Adopting, Regulated, Amendment, Construed
'Mr. TUCKER then moved to insert these words, “to instruct their Representatives.” Mr. HARTLEY wished the motion had not been made, for gentlemen acquainted with the circumstances of this country, and the history of the country from which we separated, differed exceedingly on this point. The members of the House of Representatives, said he, are chosen for two years, the members of the Senate for six. According to the principles laid down in the Constitution, it is presumable that the pers
Also tagged as: Defence, Effects, Senate, Press, Life, Others, Free, Taken, States, Informed, Grievances, Wherein, Valid, Use, Take, Expressed, Prevent, Due, Best, Common, Purposes, Speech, United, America, Required, Public, Less, State, Nature, Proportion, Order, Persons, Favor, Cases, Exercise, Obtaining, Arising, Danger, Petition, Freedom, Representative, Assemble, Answer, Assembled, House, Tried, Law, Government, Congress, Oath, Hundred, Redress, Confidence, Effect, Liberty, Certain, Make, Constitution, Right, According, Amendments, Time, Necessary, People, District, Proposed, Representatives, Rights, Probable, Legislatures, Consent, Part, Secure, Subject, Adopting, Number, Enumeration, Services, Amendment, Election
'Mr. GERRY.—Gentlemen seem in a great hurry to get this business through. I think, Mr. Chairman, it requires a further discusion [sic]; for my part, I had rather do less business and do it well, then precipitate measures before they are fully understood. The honorable gentleman from Virginia (Mr. MADISON) stated, that if the proposed amendments are defeated, it will be by the delay attending the discussion of doubtful propositions; and he declares this to partake of that quality. It is natur
Also tagged as: Senate, Others, Security, States, Take, Conventions, Establishment, Expressed, Common, Place, Purposes, Public, Less, State, Nature, Order, Cases, Exercise, Private, Freedom, Representative, House, Government, Congress, Oath, Case, Effect, Make, Constitution, Right, Amendments, According, Time, People, Necessary, Several, Ground, District, Proposed, Representatives, Rights, Things, Legislatures, Part, Subject, Number, Amendment
'Mr. PAGE was sorry to see gentlemen so impatient; the more so, as he saw there was very little attention paid to any thing that was said; but he would express his sentiments if he was only heard by the Chair. He discovered clearly, notwithstanding what had been observed by the most ingenious supporters of the opposition, that there was an absolute necessity for adopting the amendment. It was strictly compatible with the spirit and the nature of the Government; all power vests in the people of t
Also tagged as: States, Grievances, Take, Conventions, Place, United, Peace, America, State, Nature, Favor, Exercise, Private, Added, Amendment, Representative, Law, House, Government, Congress, Redress, Case, Make, Constitution, Right, Amendments, Time, Necessary, People, Several, Proposed, Representatives, Rights, Part, Secure, Subject, Adopting, Number, Press
'Mr. LAWRENCE was averse to entering on the business at first; but since they had proceeded so far, he hoped they would finish it. He said, if gentlemen would confine themselves to the question when they were speaking, that the business might be done in a more agreeable manner. He was against the amendment proposed by the gentleman from South Carolina, (Mr. TUCKER,) because every member on this floor ought to consider himself the representative of the whole Union, and not of the particular dis
Also tagged as: Security, States, Take, Conventions, Fact, Speech, Jury, Required, Trial, State, Nature, Order, Houses, Obtaining, Amendment, Danger, Freedom, Representative, Government, Congress, Liberty, Make, Constitution, Amendments, Time, People, District, Proposed, Rights, Consent, Legislatures, Jeopardy, Press
Mr. GERRY.—This declaration of rights, I take it, is intended to secure the people against the mal-administration of the Government; if we could suppose that, in all cases, the rights of the people would be attended to, the occasion for guards of this kind would be removed. Now, I am apprehensive, sir, that this clause would give an opportunity to the people in power to destroy the constitution itself. They can declare who are those religiously scrupulous, and prevent them from bearing arms.
Also tagged as: Cases, Arms, Congress, Government, Rights, Militia, Secure, Order, Liberty, Use, Take, Establishment, Make, Prevent, Constitution, Powers, People, Necessary
[Editor's note: No source directly indicates that Jackson's proposal, as amended by Smith of South Carolina, was adopted at this point. The record seems to indicate that after the comments in opposition offered by Sherman and Vining, the motion was superseded by discussion of subsequent proposals on the floor, and was accordingly dropped (Annals of Congress, 1st Cong., 1st sess., 779-80). The amendment's phrasing, however, appears verbatim in the enumeration of articles of amendment as accepted
Also tagged as: House, Arms, Congress, Less, Second, State, Following, Articles, Certain, Amendment, Fact, Enumeration, Place, Time
Report of the Committee of the Whole - Fourth Proposition, Fourth Clause
Also tagged as: Law, Soldier, House, United, Congress, Peace, Prescribed, War, Quartered, Consent, Taken, Owner, States, Amendment, Fourth, Time
Sumter's Amendment to the Fourth Proposition
Also tagged as: United, House, Soldier, Congress, Peace, War, Property, Quartered, Consent, Owner, States, Fourth, Cases, Amendment, Time
'Mr. SHERMAN observed that it was absolutely necessary that marching troops should have quarters, whether in time of peace or war, and that it ought not to be put in the power of an individual to obstruct the public service; if quarters were not to be obtained in public barracks, they must be procured elsewhere. In England, where they paid considerable attention to private rights, they billeted the troops upon the keepers of public houses, and upon private houses also, with the consent of the ma
Also tagged as: United, Peace, Congress, War, Rights, Public, Consent, States, Case, Put, Houses, Private, Service, Time, Necessary
Report of the Committee of the Whole - Fourth Proposition, Seventh Clause
Also tagged as: Effects, States, Supported, Fourth, Place, Seventh, United, Warrants, Houses, Persons, Congress, Oath, Papers, Searched, Describing, Right, Seized, People, Rights, Probable, Things, Secure, Affirmation, Violated, Amendment
Benson's/Gerry's Amendment to the Fourth Proposition
Also tagged as: United, Effects, Congress, Searches, Proposed, Probable, Seizures, Following, States, Papers, Secure, Order, Fourth, Houses, Unreasonable, Persons, Right, Issue, Amendment, People
'Mr. GERRY said that he presumed there was a mistake in the wording of this clause; it ought to be "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches," and therefore moved that amendment. This was adopted by the committee' (Annals of Congress, 1st Cong., 1st sess., 783). *** 'Mr. BENSON moved to insert after the words "and effects," these words "against unreasonable searches and seizures." This was carried' (Ne
Also tagged as: United, Effects, Congress, Searches, Proposed, Probable, Seizures, Following, States, Papers, Secure, Order, Houses, Unreasonable, Persons, Right, Issue, Amendment, People
Benson's/Gerry's Amendment to the Fourth Proposition
Also tagged as: United, Congress, Searches, Proposed, Probable, Seizures, Second, State, States, Warrants, Amendment, Declaratory, Issue, Fourth
'The question was put on this motion, and lost by a considerable majority' (Annals of Congress, 1st Cong., 1st sess., 783). *** 'This was negatived' (Gazette of the United States, edition of 22 August 1789, 149). [Editor’s note: The sources differ on who proposed this amendment and the one immediately preceding it, with the sources interchanging Elbridge Gerry and Egbert Benson. The Gazette of the United States reports that Egbert Benson made this motion to alter the amendment's wordin
Also tagged as: United, Congress, Searches, Proposed, Probable, Seizures, Second, State, States, Put, Issue, Amendment
Report of the Committee of the Whole - Seventh Proposition, Second Clause
Also tagged as: Grand, Following, States, Militia, Place, Seventh, United, Person, Presentment, Jury, Public, Trial, State, Naval, Forces, Cases, Arising, Danger, Answer, Law, House, Congress, Indictment, Resolved, Land, Infamous, Impartial, Amendments, Service, Time, War, Committed, Second, Crime, Subject, Actual, Capital, Amendment
‘Mr. TUCKER remarked, that many citizens expected that the amendments proposed by the conventions would be attended to by the House, and that several members conceived it to be their duty to bring them forward. If the House should decline taking them into consideration, it might tend to destroy that harmony which had hitherto existed, and which did great honour to their proceedings; it might affect all their future measures, and promote such feuds as might embarrass the Government exceedingly.
Also tagged as: States, Take, Conventions, Expressed, Best, Required, Order, Obtaining, Favor, Danger, Answer, House, Congress, Government, Confidence, Constitution, Amendments, People, Time, Several, Proposed, Rights, Preserved, Amendment
'Mr. MADISON objected to this amendment, because it was impossible to confine a Government to the exercise of express powers; there must necessarily be admitted powers by implication, unless the constitution descended to recount every minutia. He remembered the word "expressly" had been moved in the convention of Virginia, by the opponents to the ratification, and, after full and fair discussion, was given up by them, and the system allowed to retain its present form. Mr. SHERMAN coincided w
Also tagged as: United, Congress, Government, States, Powers, Expressed, Constitution, Exercise, Amendment
Sherman's Amendment to the House Report
Also tagged as: United, House, Congress, Proposed, States, Amendment, Constitution, Place, Amendments, People
'Mr. SHERMAN's motion was carried by two-thirds of the House; in consequence it was agreed to' (Annals of Congress, 1st Cong., 1st sess, 795). *** 'Mr. SHERMAN bro't forward his motion for adding the amendments by way of supplement to the constitution; which was agreed to, by more than three fourths of the members present' (Gazette of the United States, edition of 22 August 1789, 150. [Note that the section reporting the day's proceedings is mislabelled, 'WEDNESDAY, AUGUST 20'; the correct
Also tagged as: United, House, Congress, Fourths, States, Constitution, Amendments
Ames's Amendment the Second Proposition
Also tagged as: Thousand, Following, Taken, States, Prevent, United, Fifty, Forty, Amount, First, Representative, House, Congress, Effect, Time, Respecting, Representatives, Second, Thirty, Number, Enumeration, Amendment
'Mr. SCOTT objected to the clause in the sixth amendment, "No person religiously scrupulous shall be compelled to bear arms." He observed that if this becomes part of the constitution, such persons can neither be called upon for their services, nor can an equivalent be demanded; it is also attended with still further difficulties, for a militia can never be depended upon. This would lead to the violation of another article in the constitution, which secures to the people the right of keeping
Also tagged as: Taken, States, Militia, Compelled, Use, Take, Person, United, Religion, Persons, Favor, Amendment, Law, Arms, Congress, Government, Case, Constitution, Right, According, Necessary, People, Several, Time, War, Part, Services, Defence
Report of the House - Fourth Proposition, Fourth Clause
Also tagged as: Seventh, Law, Soldier, House, Peace, Prescribed, War, Quartered, Consent, Fourth, Amendment, Owner, Amendments, Time
'[The third clause] was adopted, as was the fourth, fifth, sixth, seventh, and eighth clauses of the fourth proposition...' (Annals of Congress, 1st Cong., 1st sess., 796). *** 'The 7th, 8th, 9th, 10th, 11th, 12th, 13th and 14th amendments without any material alterations were agreed to' (Gazette of the United States, edition of 22 August 1789, 150). *** 'The 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, and 14th amendments were agreed to with some small alterations'
Also tagged as: Seventh, Law, Soldier, House, United, Congress, Eighth, Amendments, Prescribed, War, Peace, Quartered, Owner, States, Consent, Amendment, Clauses, Fourth, Third, Fifth, Time
Report of the House - Fourth Proposition, Seventh Clause
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, Warrants, Houses, Unreasonable, Persons, House, Congress, Searches, Oath, Papers, Searched, Describing, Right, Issue, Seized, Amendments, People, Time, Probable, Things, Secure, Affirmation, Violated, Amendment
Amendment to the Fourth Proposition, Seventh Clause
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, Warrants, Houses, Unreasonable, Persons, House, Congress, Searches, Oath, Papers, Searched, Describing, Right, Issue, Seized, Amendments, People, Time, Probable, Things, Secure, Affirmation, Violated, Amendment
[Editor's note: The tenth amendment came under the House's consideration at this point. None of the available sources specifically record the House taking up discussion, nor do any record debate on this provision. The sources, however, record that the provision was adopted. A comparison between the Committee of the Whole report and the report with amendments presented to the House reveals a few significant alterations introduced into this amendment. The Committee of the Whole report uses the phr
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, Warrants, Houses, Unreasonable, Persons, House, Congress, Searches, Oath, Papers, Searched, Describing, Right, Issue, Seized, Amendments, People, Time, Probable, Things, Secure, Affirmation, Violated, Amendment
'[The third clause] was adopted, as was the fourth, fifth, sixth, seventh, and eighth clauses of the fourth proposition...' (Annals of Congress, 1st Cong., 1st sess., 796). *** 'The 7th, 8th, 9th, 10th, 11th, 12th, 13th and 14th amendments without any material alterations were agreed to' (Gazette of the United States, edition of 22 August 1789, 150). *** 'The 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, and 14th amendments were agreed to with some small alterations'
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, United, Warrants, Houses, Unreasonable, Persons, Searches, Congress, Oath, Papers, Searched, Describing, Right, Seized, Clauses, Third, Amendments, People, Eighth, Probable, Things, Secure, Affirmation, Violated, Amendment, Fifth
Report of the House - Sixth Proposition
Also tagged as: Pursuant, Law, Jury, House, Congress, According, Rights, Court, Dollars, Put, Controversy, Amendment, Fact, Constitution, Amount, Common, Rules, Place, Amendments, Value, Time
Amendment to the Sixth Proposition
Also tagged as: Pursuant, Law, Jury, House, Congress, According, Rights, Court, Dollars, Put, Controversy, Amendment, Fact, Constitution, Amount, Common, Rules, Place, Amendments, Value, Time
[Editor's note: The thirteenth amendment came under the House's consideration at this point. None of the available sources specifically record the House taking up discussion, nor do any record debate on this provision. The sources, however, record that the provision was adopted. A comparison between the Committee of the Whole report and the report with amendments presented to the House reveals a key alteration in the text that must have been undertaken at this point. The Committee of the Who
Also tagged as: Pursuant, Law, Jury, House, Congress, According, Rights, Court, Dollars, Put, Controversy, Amendment, Fact, Constitution, Amount, Common, Rules, Place, Amendments, Value, Time
Report of the House - Seventh Proposition, Second Clause
Also tagged as: States, Militia, Seventh, United, Jury, Public, Trial, Naval, Order, Forces, Cases, Arising, Amendment, Danger, House, Congress, Land, Constitution, Impartial, Amendments, Service, Time, War, Second, Actual, Fourth
Gerry's Amendment to the Seventh Proposition, Second Clause
Also tagged as: States, Militia, Seventh, United, Jury, Public, Trial, Naval, Forces, Cases, Arising, Danger, Congress, Land, Impartial, Service, Time, Proposed, War, Second, Actual, Amendment
'Mr. GERRY then proposed to amend it by striking out these words, "public danger;" this being negatived...' (Annals of Congress, 1st Cong., 1s sess., 797). *** 'Mr. GERRY moved to strike out these words "public danger" to insert foreign invasion. This was negatived' (Gazette of the United States, edition of 22 August 1789, 150). [Editor's note: This is the provision beginning, 'The trial of all crimes (except in cases of impeachment, and in cases arising in the land or naval forces, or
Also tagged as: States, Militia, Seventh, United, Jury, Public, Trial, Naval, Forces, Cases, Arising, Danger, Congress, Land, Impartial, Service, Time, Proposed, War, Second, Actual, Amendment
Motion to Strike Out Final Clause of the Seventh Proposition, Second Clause
Also tagged as: States, Militia, Seventh, United, Jury, Public, Trial, Naval, Forces, Cases, Arising, Danger, Congress, Land, Impartial, Service, Time, War, Committed, Second, Actual, Amendment
'[I]t was then moved to strike out the last clause, "and if it be committed." &c. to the end. This motion was carried, and the amendment was adopted' (Annals of Congress, 1st Cong., 1st sess., 797). *** 'It was then moved to strike out the last clause "and if it be committed, &c." to the end. This motion obtained, and the amendment as it then stood adopted' (Gazette of the United States, edition of 22 August 1789, 150). [Editor's note: This is the provision beginning, 'The trial
Also tagged as: States, Militia, Seventh, United, Jury, Public, Trial, Naval, Forces, Cases, Arising, Danger, Congress, Land, Impartial, Service, Time, War, Committed, Second, Actual, Amendment
'[I]t was then moved to strike out the last clause, "and if it be committed." &c. to the end. This motion was carried, and the amendment was adopted' (Annals of Congress, 1st Cong., 1st sess., 797). *** 'It was then moved to strike out the last clause "and if it be committed, &c." to the end. This motion obtained, and the amendment as it then stood adopted' (Gazette of the United States, edition of 22 August 1789, 150). [Editor's note: This is the provision beginning, 'The trial
Also tagged as: States, Militia, Seventh, United, Jury, Public, Trial, Naval, Forces, Cases, Arising, Danger, Congress, Land, Impartial, Service, Time, War, Committed, Second, Actual, Amendment
‘Mr. AMES said, that inadequate regulations were equally injurious as having none, and that such an amendment as was now proposed would alter the constitution; it would vest the supreme authority in places where it was never contemplated. Mr. SHERMAN observed, that the Convention were very unanimous in passing this clause; that it was an important provision, and if it was resigned it would tend to subvert the Government. Mr. MADISON was willing to make very amendment that was required by t
Also tagged as: Others, States, Take, Prevent, Senators, United, America, Required, Public, Less, State, Prohibited, Order, Danger, First, Law, House, Government, Congress, Effect, Certain, Make, Powers, Constitution, Right, Amendments, Time, People, Necessary, Proposed, Rights, Legislatures, Secure, Subject, Number, Amendment, Election
‘Mr. PAGE said, that he hoped every amendment to the constitution would be considered separately in the manner this was proposed, but he wished them considered fully; it ought to have been referred to the Committee of eleven, reported upon, and then to the Committee of the whole. This was the manner in which the House had decided upon all those already agreed to; and this ought to be the manner in which this should be decided; he should be sorry to delay what was so nearly completed on any accou
Also tagged as: Senate, Others, States, Prevent, Common, Value, United, Required, Less, State, Added, Danger, House, Congress, Government, Case, Liberty, Powers, Constitution, Right, Amendments, Time, Several, Proposed, War, Rights, Preserved, Subject, Secure, Amendment
Motion that Tucker's Proposed Amendment be Referred to the Committee of Eleven
Also tagged as: Law, United, House, Congress, Government, Proposed, Danger, Others, Public, Consent, Part, States, Subject, Certain, Best, Amendment, Amendments, Time
Motion to Commit Tucker's Proposition to the Committee of the Whole
Also tagged as: Several, United, House, Arms, Congress, Government, Proposed, War, Taken, State, States, Secure, Take, Ratified, Conventions, Constitution, People, Amendment, Amendments, Original, Necessary
Amendment to Fifth Article
Also tagged as: Peace, Soldier, War, Consent, Following, Liberty, Houses, Cases, Amendment, Fifth, Time
Additional Proposed Amendment
Also tagged as: Law, United, House, Congress, Proposed, War, Representatives, Inflicted, Following, State, States, Militia, Subject, Service, Articles, Constitution, Actual, Amendment, Punishments, Fines, Time
'On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: "That each state, respectively, shall have the power to provide for organizing, arming, and disciplining, its own militia, whensoever Congress shall omit or neglect to provide for the same; that the militia shall not be subject to martial law, except when in actual service, in time of war, invasion, or rebellion; and when not in the actua
Also tagged as: Law, United, House, Congress, Proposed, War, Representatives, Inflicted, Following, State, States, Militia, Subject, Service, Articles, Constitution, Actual, Amendment, Punishments, Fines, Time
Amendment to Seventh Article
Also tagged as: Grand, Life, Taken, Militia, Compelled, Use, Limb, Due, Deprived, Compensation, Seventh, Person, Jury, Presentment, Process, Public, Naval, Forces, Cases, Private, Arising, Danger, Answer, Law, Indictment, Property, Land, Case, Infamous, Liberty, Witness, Service, Time, War, Crime, Jeopardy, Subject, Put, Actual, Capital, Amendment, Criminal
'On motion that this last mentioned article be amended, to read as follows: "No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger; nor shall any person be subject to be put in jeopardy of life or limb, for the same offence; nor shall be compelled in any criminal case to be a witness against hi
Also tagged as: Grand, Senate, Life, Taken, States, Militia, Compelled, Use, Limb, Due, Deprived, Compensation, Person, United, Presentment, Jury, Process, Public, Trial, Naval, Forces, Cases, Arising, Private, Danger, Answer, Law, Congress, Indictment, Property, Land, Case, Infamous, Liberty, Witness, Amendments, Service, Time, War, Crime, Jeopardy, Subject, Put, Actual, Capital, Criminal
Amendment to Reconsider the Stricken Tenth Article
Also tagged as: Jury, War, Public, Trial, Land, Militia, Naval, Tenth, Forces, Impartial, Cases, Actual, Arising, Amendment, Danger, Service, Time
Senate's Ninth Amendment
Also tagged as: Law, United, House, Senate, Congress, Peace, Prescribed, Proposed, War, Quartered, Consent, Ninth, States, Articles, Amendment, Owner, Amendments, Fifth, Time
Senate's Tenth Amendment
Also tagged as: Effects, Senate, Seizures, States, Supported, Tenth, Place, Seventh, United, Warrants, Houses, Unreasonable, Persons, House, Searches, Congress, Oath, Papers, Searched, Describing, Right, Issue, Seized, Amendments, People, Proposed, Probable, Things, Secure, Articles, Affirmation, Violated, Amendment
Senate's Eleventh Amendment
Also tagged as: Grand, Senate, Life, Taken, States, Militia, Compelled, Use, Limb, Due, Deprived, Compensation, Seventh, United, Person, Presentment, Jury, Process, Public, Naval, Forces, Cases, Arising, Private, Danger, Answer, Law, Eleventh, House, Indictment, Congress, Offense, Property, Land, Case, Infamous, Liberty, Witness, Amendments, Twice, Service, Time, Eighth, Proposed, War, Crime, Jeopardy, Subject, Articles, Put, Actual, Capital, Amendment, Criminal
Senate's Twelfth Amendment
Also tagged as: Grand, Senate, Life, Taken, States, Militia, Compelled, Use, Limb, Due, Deprived, Compensation, Seventh, Person, United, Presentment, Jury, Process, Public, Naval, Forces, Cases, Arising, Private, Danger, Twelfth, Answer, Law, House, Indictment, Congress, Offense, Property, Land, Case, Infamous, Liberty, Witness, Amendments, Twice, Service, Time, Proposed, War, Crime, Jeopardy, Subject, Articles, Put, Actual, Capital, Amendment, Criminal
Senate's Thirteenth Amendment
Also tagged as: Grand, Senate, Life, Taken, States, Militia, Compelled, Use, Limb, Due, Deprived, Compensation, Seventh, United, Person, Presentment, Jury, Process, Public, Trial, Naval, Forces, Cases, Arising, Private, Danger, Answer, Law, House, Indictment, Congress, Offense, Property, Land, Case, Infamous, Liberty, Witness, Amendments, Twice, Service, Time, Proposed, War, Crime, Jeopardy, Subject, Articles, Put, Actual, Capital, Amendment, Criminal
Mr. VARIAN. Mr. President, before the vote is taken on this question, I desire to make some observations to the assembly in support of the points that I shall make; that you are absolutely without jurisdiction in the premises. It is true, a body of this kind has the physical power; a member may cast his vote through and because of his own volition to do an act which, joined with the votes of others, may result in the consummation of something; but he has not or may not have the legal right to do
Also tagged as: Election, Convention, Law, Evidence, Elected, Time, Legislative, Member, Determine, Case, Day, Territory, Made, People, Right, Act, Judge, Person, Persons, House, Members, Duty, First, Authority, Make, Vote, Seat, Sufficient, Proceedings, Votes, Jurisdiction, Subject, Government, United, Officer, Entitled, States, Cases, Laws, Qualification, Claims, Office, Congress, Place, Third, City, Legislature, Authorize, Proposition, Elections, Remain, Public, Terms, Taken, Rights, Effect, State, Number, Support, Second, Absence, Pass, Common, Trial, Admitted, District, Control, Purpose, Houses, Utah, Power
Mr. VAN HORNE. Mr. Chairman and gentlemen of the Convention, as the mover of the motion, it becomes my duty to speak to the question of whether it shall prevail or not. You have heard an argument against the motion. With you will rest the question of whether it is right, whether it is just, whether it is equitable, and whether it is legal, that that motion shall prevail. To begin with, I will say that, so far as I, the mover of the motion, was actuated, I made that motion with a full adheren
Also tagged as: Convention, Elected, Act, Power, Right, Members, Election, Seat, People, Time, Purpose, Evidence, Law, Constitution, State, Lake, Salt, Day, Made, Third, Part, House, Determine, Vote, Utah, Territory, States, Cases, Elections, Authority, Make, Persons, Majority, Congress, Member, Entitled, Board, Number, City, Days, Business, Legislative, County, Case, Duties, First, Receive, Judgment, Duty, Votes, Proposition, Government, United, Appoint, Pass, According, Necessary, Proposed, Holding, Subject, Perform, Proper, Nothing, Secretary, Taken, Proceedings, Rights, Jurisdiction, Justice, Admission, Issue, Judge, Provided, Office, Laws, Court, Consist, Monday, Legislature, Least, Qualification
Motion to Amend Previous Motion
Also tagged as: Seat, Made, Purpose, Members, Third, First
The question being put and the ayes and noes called for; the vote was as follows: AYES_61. John R. Murdock Anderson Gibbs Peter Low Maughan Chidester Peterson Heyborne Hyde Ryan Coray J. E. Robinson Miller Brandley Eldredge Keith Kearns J. D. Murdock Stover Clark Maeser Jos. R. Murdock W. E. Robison Farr Strevell Driver Adams McFarland Kimball NOES_37. Peters William Low Thatcher Kerr Warrum Hughes Thoreson J. P. Low Hart Roberts Cal
Also tagged as: Declared, Vote
At the expiration of ten minutes the Convention was called to order and the following appointed as a committee for the purpose of determining the number and kind of standing committees that the Convention shall have: Messrs. Pierce, Salt Lake; Anderson, Beaver; Snow, Washington; Francis, Morgan; Allen, Piute; Chidester, Garfield; Peters, Box Elder; Howard, Emery; Roberts, Davis; Heyborne, Iron; Robinson, Kane; Keith, Summit; Ryan, Juab; Kerr, Cache; Stover, Tooele; Jolley, Sanpete; Corfman, Uta
Also tagged as: Salt, Following, Purpose, Washington, Grand, Number, Utah, San, Convention, Lake
Mr. TATLOCK. Mr. President, and gentlemen of the Convention: I am proud to salute a man who was born in the Territory, whose motto was “Our liberties we prize and our rights we will maintain.”On my way to the building this morning I was accosted by a number of your friends and my friends, the friends of this Convention, who imposed upon me the very pleasant and delicate duty of asking you to accept from them an emblem of your authority during the continuance of this Convention. The article whic
Also tagged as: Years, War, Salt, Duty, Territory, City, People, Made, Authority, Number, Grand, Trust, Part, State, Rights, Day, Necessary, Taken, Convention, Least, Lake
Appointments to Bring Mr. Christensen Forward
Also tagged as: Seat, Appoint
Mr. VARIAN. I hope this motion of Mr. Roberts will not prevail; the question of the compensation as was suggested in answer to my inquiry in relation to these offices can be settled hereafter. This Convention has now determined that it will have a stenographer. Let us name him and the Convention can fix the compensation afterwards. If there is any thought underlying in the Convention that we do not need a stenographer, it seems to me that the sooner we disabuse our minds of that impression the b
Also tagged as: Convention, House, Compensation, Business, Least, Vote, Name, Officer, Day, Money, Receive, Age, Made, Proceedings, Use, Proper, Place, Absence, Entitled, Reasons, Times, Equal, Legislative, Officers, Hereafter, State, Act, Third, Person, Due, Proposition, Days, Submitted, Justice, Offices, Subject, Paid, Salt, Matters
Motion to Swear in Mr. Robertson of Emery County
Also tagged as: County
Mr. RALEIGH. I second the motion. The PRESIDENT. Has there been a second to that motion? Mr. RICKS. Second the motion. Mr. GOODWIN. I hate to make my speech for fear no one will second it. There will not be a great many social entertainments in that house and we might just as well do penance there as to do it in this hall. I speak particularly on account of the outside public that they may have a place to see and hear. Mr. JAMES. Mr. President, I arise to second that motion. I have a furthe
Also tagged as: Subject, Made, Instruction, Taken, Judgment, County, Proper, Make, House, Sufficient, Day, Civil, Continue, Number, Convention, Members, Least, Second, Time, Salt, Court, Place, Part, Use, State, Public, Vote, Receive, Lake
Mr. VARIAN. Mr. President, there is a law on the statute governing the powers and duties of the territorial librarian, and under that law, the library and he are under the control of the judges of the supreme court. That law, with the rules under it, prohibit the taking of books from the library or pamphlets, except upon an order of some justice of the court. While I apprehend that this order would not have the force of a law, still it might serve to place the librarian in an embarrassing positi
Also tagged as: Private, Rate, Nothing, Law, Court, Territory, Judges, Place, Powers, Property, Supreme, Connected, Control, Justices, Justice, Duties, Proper, Territorial
Resolution on Seating Members [Resolution No. 13C]
Also tagged as: Years, First, Following, Adoption, Seat, Age, Members, Name, Member
Resolution No. 13C: Second Amendment: Amendment
Also tagged as: Seat, Second, Lake, Salt, Members
Mr. CANNON. Mr. President, and gentlemen of the Convention, I favor the original motion for the reason that I believe as stated by the mover thereof a better feeling will prevail if the members will take their seats without regard to county or political party. I believe that it will be more satisfactory all around and for that reason I favor the original motion as put by Mr. Evans. Mr. EVANS (Weber.) Mr. President, I would like to know just what we are voting on. I am free to admit I do not ex
Also tagged as: Age, Providing, Make, Convention, Voting, Years, House, County, Counties, Members, Free
Standing Rules of the Constitutional Convention of the Territory of Utah: Second Amendment
Also tagged as: Power, Provided, Make, Territory, Made, Utah, Convention, Second
Report from the Committee of Printing [Resolution No. 21B]
Also tagged as: Following, Secretary
The PRESIDENT. Then the ruling with regard to the debate going forward is correct.
Report of Committee on Printing [Resolution No. 27C]
Also tagged as: Lake, Salt, Companies
Mr. SQUIRES. Mr. President, I desire a little information on this report, as to when the salaries of these clerks that are not fixed by law were fixed by this Convention. I don't remember that the salaries of these other clerks and employes have ever been fixed. I refer of course, only to those that are not fixed by law. Mr. JAMES. That is the reason, Mr. President, I move that the report be received and filed, so that if there should be anything in the report that is not regular it can afterwa
Also tagged as: Convention, Fixed
Mr. MALONEY. Mr. President, I think the county authorities ought to be consulted on that. The PRESIDENT. If it goes to this committee they will look after that. Mr. BARNES. Mr. President, I move that it be referred to the committee on accounts and expenses, and as I understand it, this is the property of Salt Lake County, and will we not have to get permission from some party before anything can be done in that regard? The PRESIDENT. The city officers are the men to call upon. Mr. ROBERTS. M
Also tagged as: Salt, City, Property, Lake, County, Officers
Mr. VARIAN. I think that would make it more awkward. I move the adoption of the rule as read.
Also tagged as: Adoption, Make
Standing Rules: Rule Twenty-Five
Also tagged as: Provide, Following, Made, Subject, Powers, Connected, Act, Constitution, Several, Taken, Judgment, County, Change, Fifteen, Special, Officers, Member, Proper, Power, Third, Make, Business, Nothing, Municipal, Adoption, Purpose, Authority, Passed, Proposition, Necessary, Secretary, Name, Provided, Election, Pass, Lands, Number, Matters, School, Journal, Officer, States, Convention, Members, Least, Proposed, Second, Lake, Institutions, Time, First, Salt, Duty, Amendments, Part, Corporations, State, Construed, Consist, Public, United, Militia, Vote, Right, Rights
Mr. KIMBALL (Weber). I understand the president has decided the last motion, that there are several subject matters in one report and that it cannot be disposed of in that way. Mr. HOWARD. Mr. President, I understood when that motion was put that it meant that one portion of the report referred to, and no other part, and I vote in the affirmative that that be laid on the table_that portion of the report. I now move that the report be taken from the table and considered. Mr. LUND. Mr. President
Also tagged as: Subject, Make, Several, Part, Matters, Taken, Vote
Accounts and Expenses: Section 3: Salaries: First Amendment: First Amendment
Also tagged as: Day, Made
Proposition Relative to Irrigation and Use of Water [File No. 44]
Also tagged as: Water, Proposition, Use, Second, Rights, Constitution, Time
Proposition Relative to Regulating or Affecting Boards of Officers Charged with Duties of Registering Voters [File No. 45]
Also tagged as: Proposition, Second, Elections, Constitution, Time, Duties, Officers
The proposition relating to regulating or affecting boards of officers charged with the duties of registering voters [File No. 45] , offered by Mr. Howard, after being read a first and second time by its title, was referred to the Committee on Elections and Right of Suffrage.
Also tagged as: Time, First, Proposition, Elections, Duties, Second, Officers
The Proposition Relative to Organizing a Board of Arbitration between Employer and Employees and Board of Statisticians [File No. 46] , offered by Mr. Howard, after being read a first and second time by its title, was referred to the Committee on Elections and Right of Suffrage.
Also tagged as: Proposition, Second, Elections, Time, First, Board
Proposition Relative to the Judiciary [File No. 57]
Also tagged as: Salt, Lake, Proposition, Following, Second, Constitution, Time, Day
The Proposition Relative to the Judiciary [File No. 57], offered by Mr. Warrum, after being read a first and second time by its title, was referred to the Judiciary Committee.
Also tagged as: Time, Second, First, Proposition
Proposition Relative to Public Lands [File No. 58]
Also tagged as: Following, Salt, Proposition, Lake, Provided, Time, First, Lands, Public, Day
The Proposition Relative to Public Lands [File No. 58], offered by Mr. Warrum, after being read a first and second time its title, was referred to the Committee on Public Lands.
Also tagged as: Proposition, Second, Time, First, Lands, Public
Proposition Relative to Finance and State Debt [File No. 59]
Also tagged as: Following, Lake, Salt, Proposition, Debt, Public, Second, Constitution, Taxation, Provided, Time, State, Day
The Proposition Relative to Finance and State Debt [File No. 59], offered by Mr. Warrum, after being read a first and second time by its title was referred to the Committee on Revenue, Taxation, and Public Debt.
Also tagged as: Debt, Proposition, Second, Time, First, State, Public, Taxation
Mr. Warrum Excuse Vote
Also tagged as: Place, Vote
The roll was called and members, found in attendance as follows: dams Allen Anderson Barnes Bowdle Boyer Lambert Larsen, L. Larsen, C. P. Lemmon Lewis Low, William, Brandley Button Buys Call Cannon Chidester Christianson Clark Coray Corfman Crane Creer Cunningham Cushing Driver Eichnor Eldredge Engberg Evans, Weber Evans, Utah Farr Francis Gibbs Green Hammond Hart Haynes Halliday Heybourne Howard Hughes Hyde Iv
Also tagged as: State, Business, Lake, Members, Monday, Utah, Grand, Salt
Mr. KIMBALL (Weber). That was amended, Mr. Evans, to read 2 o'clock. Mr. EVANS (Weber). Read that two; but this motion is intended to skip Saturday; according to our rules we shall meet each day and we cannot suspend that rule except with a two-thirds vote. Mr. FARR. Mr. President, I would like to hear the gentleman's reason for adjourning over until Monday. Mr. SQUIRES. Mr. President, the language in the first part of that rule_I call the gentleman from Weber's attention to it. “Unless other
Also tagged as: Monday, Two-Thirds, Made, Business, According, Part, Regular, Least, Case, Place, Provide, First, Convention, Matters, Constitution, Time, House, Vote, Day
Refer Questions Relating to Apportionment and Boundaries to Committee on Apportionment and Boundaries [Resolution No. 35B]
Also tagged as: Legislature, Members, Legislative, Following, Districts, Secretary
Motion to Adopt [Resolution No. 35B]
Mr. ROBERTS. Mr. President_ Mr. SQUIRES. Mr. President, I am not quite ready yet to vote on that proposition. A committee here has been appointed_a standing committee by this body, called the committee on legislative. Another committee has been appointed upon executive. If I understand the duties of these committees, the duty of the one is to provide for an article upon the executive depart-partment of the State. The duty of the other is to provide for the legislative department of the Sta
Also tagged as: Legislative, Duty, Houses, Convention, Member, People, Executive, Powers, Part, Vote, Proposition, Number, Respective, Jurisdiction, Final, Department, Provide, Constitution, County, Legislature, Territory, Members, Districts, Representatives, State, Duties
Vote on Resolution No. 35B
Also tagged as: Vote, House, Number, Members
Mr. EICHNOR. Mr. President, in the first stage of this Convention, I heard so much about precedents, now, I will state that the majority of the states and the United States have the power of fixing the number of senators and members of the lower house embodied in the legislative department. Mr. THURMAN. Yes, but we don't follow precedent. Mr. EVANS (Weber). I would like to ask you if the first day of the session was according to precedent. Mr. EICHNOR. Well, we will make one, if we did not ha
Also tagged as: Subject, Made, Constitution, Taken, Judgment, Judge, County, Fifteen, Member, Proper, Perform, Representative, Government, Power, Determine, House, Make, Nothing, Constitute, Union, Purpose, Jurisdiction, Legislature, According, Fixed, Incorporated, Department, Proposition, Amount, Counties, Necessary, Name, Issue, Proceedings, Territory, Legislative, Senate, People, Equal, Number, Washington, Support, States, Journal, Members, Convention, Districts, Case, Representatives, Time, Salt, First, Duty, Personal, Place, Rights, Senators, Part, Vote, State, United, Majority, Consist, Utah, Duties, Right, Lake
Mr. HOWARD. Will the gentleman withhold that a moment please?
Printing Report on Sealed Bids from Publishing Houses [Resolution No. 37A]
Also tagged as: Salt, Rate, City, Contract, Houses, Convention, Secretary, Lake
The secretary called the roll and the following named members were found in attendance: Adams Allen Anderson Barnes Bowdle Boyer Brandley Button Buys Call Cannon Chidester Christianson Clark Coray Corfman Crane Creer Cunningham Cushing Driver Eichnor Eldredge Emery Engberg Evans, Weber Evans, Utah Farr Francis Gibbs Goodwin Green Hammond Hart Lambert Larson, L. Larson, C. P. Lemmon Lewis Low, William Low, Peter Low, Cache Lund
Also tagged as: Following, Lake, Members, Secretary, Utah, Grand, Salt
The memorial was read as follows: To the Honorable Members of the Constitutional Convention of Utah: We, your petitioners and memorialists representing the great majority of the women of Utah, and more particularly as the official representatives of the great woman organizations of Utah, numbering in aggregate membership over thirty-five thousand, viz: The Utah Suffrage Association, auxiliary to the National American Woman's Suffrage Association, the National Woman's Relief Society, and the Youn
Also tagged as: Territory, Elections, Utah, Rights
Report on Cover Bids from Bookbinders [Resolution No. 40A]
Also tagged as: Submitted, Following
Report on Preamble and Declaration of Rights
Mr. WELLS. Mr. Chairman, I have an amendment I desire to suggest; I simply want to offer an amendment that the number of the article be changed to “article number two,” for the reason that I think that the declaration of rights ought to be article number one. With that amendment I have no objection to the motion. But if the motion is now pending, I assume that an amendment is out of order. Mr. THURMAN. Mr. Chairman, I don't think we ought to adopt any number at all. Leave that to the committee
Also tagged as: Act, Constitution, Latitude, Taken, County, Lake, Government, Make, Longitude, Office, Territory, Congress, Number, Journal, West, Thence, Time, Salt, State, Utah, Rights
The PRESIDENT. We will go into committee of the whole. I will ask Mr. Kimball, of Ogden, to take the chair if his health will warrant it. Mr. EVANS (Weber). Mr. President, I would like to move a reconsideration of the action that we have taken. I think we are entirely out of order. I voted for it upon a misapprehension. We were upon the sixth order of business as I understand it, special orders. The PRESIDENT. Yes. Mr. SQUIRES. We had not passed unfinished business.
Mr. CORAY. Mr. President, I would suggest that all the matter on page 66 (of the journal) be stricken out, except the last which constitutes the signature and the motion to adjourn. It is entirely superfluous, and I think there is no sense in political buncombe being inserted in the minutes of this Convention. The PRESIDENT. The gentleman's motion is out of order. It will take a motion to consider this, inasmuch as it was passed upon, as I understand it, by the Convention previous to being en
Also tagged as: Convention, Justice, Entered, Member, Nothing, Journal, Passed, Due
Report from Committee on Miscellaneous [Resolution No. 52D]
Also tagged as: City, Following, Made, Absence, Authorized, Grand, Several, Constitution, County, Officers, Attorney, Municipal, Make, Adoption, Proposition, Necessary, Secretary, Official, Taxation, Election, Submitted, Matters, Journal, Officer, Consent, Convention, Members, Case, Salt, Time, District, Court, Hereby, Place, Corporations, Amendments, Part, Provisions, Use, Appoint, Utah, Duties, Lake
Mr. KIMBALL ( Weber). I think we had better pass on one proposition at a time and get rid of it. Mr. HOWARD. I am certainly in favor of the change to be made in this section. We have heard a great many times that we should try to shut out lengthy articles. It appears a simple amendment is offered to this by striking out the words, “for any vote at any election,” without doing anything to the rest, and it is left open for the Legislature. If any other committee of this Convention should bring in
Also tagged as: Provide, Made, Constitution, Taken, Change, County, Proper, Lake, Attorney, Power, Make, Property, Legislature, Proposition, Elections, Necessary, Provided, Private, Qualification, Election, Times, Pass, Purposes, Washington, Matters, Support, Convention, Bill, Cases, Right, Years, Time, Salt, Place, Use, State, Taxes, Vote, Rights
The CHAIRMAN. The gentleman has appealed from the decision of the chair. Shall the decision of the chair remain as the decision of the committee? Mr. VARIAN. I want to submit to the gentleman from Cache County, and also to the chair, what the effect of such a proposition of parliamentary law as that would be, if that is the law. This is not an amendment, covering the same ground. When the matter incorporated by way of amendment at the end of the section became a part of the section, the section
Also tagged as: Proposition, Part, Passed, Change, Convention, Matters, Subject, Proposed, Authority, Lake, Made, Remain, Taxation, Vote, Number, Taken, Effect, Personal, Incorporated, Pass, Salt, Qualification, Admitted, County, Property, Degree, Case, Law
Mr. BUYS. I would like to ask the gentleman from Summit County if he intends that this will also strike out the amendment that was passed yesterday that no property qualification shall ever be required in order to vote or hold office? Mr. ELDREDGE. Not being present yesterday, I was not aware there was any amendment offered, but that this section was reached to-day. Mr. BUYS. The section was amended yesterday as I understand it. I wanted to know whether it carries that with it? Mr. ELDREDGE.
Also tagged as: Made, Subject, Constitution, Voting, County, Lake, Proper, Power, Make, House, Nothing, Purpose, Prevent, Votes, Property, Legislature, Passed, Fixed, Proposition, Granting, Control, Day, Free, Taxation, Office, Qualification, Pass, People, Purposes, Matters, Support, States, Members, Convention, Proposed, Bill, Appropriation, Money, Institutions, Time, Salt, Court, Place, Part, Supreme, State, Religious, Exercise, Public, United, Majority, Utah, Construed, Required, Vote, Right, Rights, Effect
Mr. VARIAN. I have not examined the subject of the several constitutions of the states in reference to this particular thing. I would like to ask the chairman of the committee who reported this, whether the word “war” was intentionally omitted from the third line of this section? Its provision is in case of rebellion or invasion. My impression was it was usual to include the word war. Mr. WELLS. I have not seen it in any of the constitutions I have examined, and I have before me Montana, Idaho,
Also tagged as: War, Several, Subject, Third, Washington, States, Case
Mr. VARIAN. I do not think that amendment ought to prevail. That is, unless there is some reason for it that does not occur to us now. The writ of habeas corpus is an extraordinary matter. It only ceases in times of danger and public peril. It is only permissible at all when the public safety requires it. It is an extraordinary invasion or, perhaps, I might say suspension of the rights of the citizens which are made to yield, because of the exigencies of the occasion, for the good of the whole p
Also tagged as: Times, People, Provisions, Necessary, Use, Judgment, Determine, Make, War, Made, Exercise, Executive, Authority, Part, Rights, Majority, Special, Institutions, Purpose, Duty, Proposition, Least, Union, Department, Years, Support, Provide, Act, Powers, First, North, Providing, Washington, Territory, Granting, Day, Person, Courts, Nothing, Prescribed, Trust, Constitution, Taken, County, Peace, Officers, Government, Power, Legislature, Provided, Laws, States, Cases, Case, Time, Law, State, Public, Governor, United, Utah, Right
Mr. THURMAN. Will the gentleman from Salt Lake have it read as it will read? Mr. VARIAN. I will. If it shall be carried as amended it will read in this wise. “The right of trial by jury shall remain inviolate, but the Legislature may provide for a verdict of nine or more in civil cases in any court of record.” Now, I call the attention of the committee to the fact that there are several propositions in the section as reported by the committee on preamble, which are unnecessary. First, the provi
Also tagged as: Provide, Grand, Act, Constitution, Several, Judge, Lake, Power, Purpose, Capital, Remain, Days, Legislature, Passed, Trial, Necessary, Justice, Common, Provided, Civil, Times, People, Executive, Number, System, Degree, Judicial, Consent, Members, Convention, Cases, Jury, Money, Years, Time, First, Law, District, Court, Salt, Courts, Part, Provisions, Use, United, Criminal, Vote, Right, Rights
Reading of Article on Committee on Elections and Rights of Suffrage
Also tagged as: Elections, Rights, Secretary
Mr. PIERCE. Mr. Chairman, I rise to say a few words in support of the amendment of Mr. Varian. The only remarks I want to make are upon the question, as to whether a jury in civil actions in courts of record should be twelve or less than twelve. If I understand the amendment of Mr. Varian correctly, it provides for a jury in civil actions in courts of record of twelve, nine of which can render a verdict. I am in favor of this. I do adhere to precedent. I believe in precedent. The reason I believ
Also tagged as: Provide, Following, Made, Subject, Grand, Constitution, Several, Judge, Judgment, Fifteen, Change, County, Lake, Attorney, Government, Determine, Business, Make, Union, Remain, Days, Property, Legislature, According, Receive, Trial, Sufficient, Providing, Necessary, Day, Proposition, Justice, Common, Taxation, Office, Civil, Times, Territory, Judges, People, Number, Reasons, Submitted, System, Matters, States, Actions, Convention, Pay, Proposed, Least, Cases, Jury, Case, Money, Years, Time, First, Law, Court, Salt, District, Institutions, Courts, Amendments, State, United, Utah, Criminal, Age, Vote, Right, Rights
Mr. VAN HORNE. Mr. Chairman and gentlemen of the Convention, it seems to me that we have strayed somewhat from the purpose of our amendments here in the arguments that have been made. And I take it that it is not that we are fixing a jury other than the people might demand, but that we are not leaving open to the people through their Legislature the right of fixing such a jury as they may demand, the one best fitted for the needs of the community. I think that we may safely trust the people thro
Also tagged as: Jury, People, System, Convention, Criminal, Lake, Salt, Made, Trial, Proposition, Judgment, Majority, Two-Thirds, Individuals, Justice, Issue, Power, Necessary, Proposed, Reasons, Members, Utah, Name, Law, Providing, Least, Inferior, Continue, Change, Consist, Business, According, Age, Place, City, Times, State, Day, Free, Provide, Evidence, Institutions, Constitute, Corporations, Proper, Territory, Consent, Representatives, Taken, County, Purpose, Jurisdiction, Legislature, Civil, Number, Cases, Case, District, Time, First, Court, Courts, Right
Mr. EICHNOR. Mr. Chairman, I would ask unanimous consent of the committee of the whole to introduce another amendment or substitute, whatever you might call it. Mr. EVANS. I yield the floor for the motion the gentleman desires to make. Mr. VARIAN. I object for the reason that it simply serves to confuse. We can vote on these propositions. In the event of a certain one that I have in mind, a substitute being adopted which will dispose of all, the gentleman can then have another opportunity to s
Also tagged as: Jury, People, System, Bill, Proposition, Trial, Lake, Consist, Salt, Consent, Proposed, Make, Place, Actions, Change, Convention, Remain, Justice, Proper, Judge, Pay, Case, District, Department, Purpose, Territory, Least, Dollars, Use, County, Made, Following, Years, Law, States, House, Common, Subject, Age, Amendments, Two-Thirds, Members, Utah, First, Union, Taxes, Sufficient, Amount, City, Reasons, Times, Officers, Fees, Water, Provided, Power, Criminal, Increase, Provide, Constitution, Government, Legislature, Day, Civil, Number, Cases, Time, Court, Courts, State, Vote, Right, Rights
Proposition Relative to Raising Revenue [File No. 145]
Also tagged as: Time, First, Indebtedness, People, Purposes, State, Tax, Proposition, Pay, Vote, Special, Bonds
Proposition on Purity of Water for Domestic Purposes [File No. 146]
Also tagged as: Water, Proposition, Purposes
The PRESIDENT. Gentlemen, this is the last chance, as the chair understands it, for the introduction of these propositions for the Constitution. If there are any of them anywhere, bring them forward.
Resolution on $2.00 Fine [Resolution No. 64B]
Also tagged as: Convention, Regular, Due, Pay, Following, Dollars, Court, Taken, Members
The roll was called and the following named members were found in attendance Adams Allen Anderson Barnes Bowdle Boyer Brandley Button Buys Call Cannon Chidester Christianson Clark Coray Creer Cunningham Cushing Driver Kimball, Weber Larsen, C. P. Lemmon Lewis Low, Wm. Low, Peter Low, Cache Lund Maeser Mackintosh Maloney Maughan McFarland Morris Moritz Murdock, Beaver Murdock, Summit Nebeker Page {316 - MOTIONS} Eichnor Emery Engb
Also tagged as: Following, Lake, Grand, Salt, Utah, Members
The question was taken on the motion to make the report a special order and it was decided in the negative. AYES_61. Allen Anderson Barnes Boyer Brandley Buys Call Cannon Chidester Christianson Clark Coray Corfman Greer Cunningham Driver Engberg Evans, Weber Evans, Utah Farr Francis Hammond Hart Halliday Heybourne Howard Hughes Ivins Johnson Kimball, Salt Lake Lambert Larsen, L. Lemmon Lewis Low, William Low, Peter Maeser Maloney Maug
Also tagged as: Lake, Proposition, Bill, Make, Grand, Special, Two-Thirds, Salt, Utah, Taken, Vote, Rights
Mr. THURMAN. Mr. Chairman, I am opposed to both the amendments for the reason suggested by the gentleman from Salt Lake, Mr. Varian. Now, if I comprehend this right (and if I am wrong Judge Goodwin will correct me), it is rather an infringement upon the liberties of the press that ought not to exist_that is to say to introduce amendments that in a civil case they would not only have to establish the truth of the libelous matter to be justified, but go further and show that it was published with
Also tagged as: Provide, Judge, County, Determine, Nothing, Fixed, Published, Private, Civil, Matters, Compensation, Actions, Jury, Cases, Case, Money, Salt, Law, Court, Amendments, State, Public, Criminal, Right, Lake
Mr. VARIAN. Mr. Chairman, do not let us be in a hurry about that. If gentlemen will take the trouble to study the history of the law of libel, they will find that this provision on the criminal prosecutions became engrafted under the law of England, and into the law of the United States after fierce and bitter defense of the liberties of the press. The battle was waged for many months running through years in Westminster hall. Prior to that time the law of criminal libel was expounded by courts
Also tagged as: Jury, Criminal, Published, Made, Evidence, Judgment, Provisions, Determine, People, Due, Years, Time, Civil, Law, Courts, State, United, Constitution, States, Judge, Cases
Drop: Article No. 2.2: Section 21
Also tagged as: Made, Nothing, Change, People, Absence, Owned, War, Keep, Congress, Exercise, Age, Real, Necessary, Support, Times, Passed, Use, Act, Constitution, Officers, Government, Power, Property, Legislature, Territory, Lands, States, Cases, Case, Years, Time, Law, State, United, Right, Rights
Mr. PIERCE. Chairman, I don't think that 'first made” should be put in there. If I recollect the statute correctly now, whenever a corporation is permitted to enjoy the benefits of the eminent domain act and desires to take property at all, before they can do it they have to apply to the court, and it is within the discretion of the court to fix a bond and require good sureties before that property is taken, and I believe it should be left to the Legislature as to how it shall be taken. This is
Also tagged as: Paid, Made, Mining, Claims, Value, Act, Cities, Taken, Lake, Companies, Bonds, Power, Make, Charter, Property, Legislature, Amount, Proposition, Corporation, Private, Proceedings, Times, Territory, Pass, People, Laws, Compensation, Pay, Owned, Proposed, Bill, Cases, Case, Mines, Money, Time, Person, First, Law, Years, Court, Town, Rate, Salt, Real, Dollars, Part, Use, Required, Public, Utah, Railroad, Right, Rights
Article No. 2.2: Section 23: Third amendment
Also tagged as: Private, Following, Made, Property, Use, Compensation, Public, Taken, Third
Mr. RICHARDS. Mr. Chairman, I am opposed to the substitute, and I am opposed to the amendments, because as has been shown here already in this discussion, it is very apparent that emergencies may arise when it will be impossible to determine the amount of damage or the value of the property taken before the property would have to be used. Not only that, but if this section applies to railroad corporations, as I am inclined to think it does, then I am opposed to the amendment for this reason, tha
Also tagged as: Provide, Paid, Made, Value, Constitution, Several, Taken, Two-Thirds, Lake, Companies, Proper, Trust, Bonds, Determine, Power, Make, Nothing, Institutions, Prevent, Remain, Property, Legislature, Sufficient, Proposition, Amount, Necessary, Day, Salt, District, Corporation, Private, Provided, Times, Pass, People, Lands, Reasons, System, Terms, Compensation, Laws, States, Pay, Convention, Proposed, Cases, Jury, Case, Money, Years, Time, Law, First, Person, Place, Personal, Court, Entered, Corporations, Courts, Use, State, United, Public, Majority, Utah, Railroad, Vote, Right, Rights
Mr. VAN HORNE. Mr. Chairman, I was going to move as an amendment to that that the amendment I propose be inserted in place of the section. Mr. KIMBALL (Weber). I second that.Mr. VARIAN. That presents substantially the same question that was presented on his motion to strike out. Now, it will be observed that this section contemplates the taking of private property for private use. There is no question here of a public use. Of course the proviso in the second line of the section amounts to nothi
Also tagged as: Use, Mining, Private, Proposition, Water, People, Mines, Made, Necessary, Make, Convention, Pay, Pass, Declared, Value, Entitled, Construed, Territory, Proper, Decisions, Purpose, Dollars, Consent, Part, Time, Individuals, Laws, Business, Case, Second, Contract, System, West, Supreme, Trust, Paid, Prevent, First, Duty, Utah, Name, Providing, Act, Constitution, Taken, Property, Legislature, Purposes, Lands, Compensation, States, Cases, Law, Court, Courts, State, Public, Right, Rights
Petition from the Fourth Ward of Provo [File No. 158]
Also tagged as: Constitution
Mr. PARTRIDGE. We had considerable discussion here yesterday in regard to taking property for public uses without just compensation being first made, and I was in favor that it should not be done. Neither am I in favor that private property should be taken for private uses without just compensation having first been made. I concede that it would work a great injury to individuals; I do not wish to go over the ground that was gone over yesterday, gentlemen, upon a similar subject, but I can conce
Also tagged as: Provide, Made, Subject, Mining, Individuals, Constitution, Taken, County, Lake, Make, Purpose, Remain, Property, Legislature, Passed, Receive, Amount, Necessary, Water, Provided, Private, Proceedings, Declared, Territory, Purposes, People, Lands, Washington, Number, Equal, Hereafter, Compensation, Laws, States, Consent, Convention, Pay, Prescribed, Proposed, Cases, Jury, Second, Case, Mines, Sale, Person, Time, Law, First, Salt, Place, Court, Amendments, Use, State, Public, Utah, Right, Rights
Article No. 2.2: Section 24: Fifth Amendment
The CHAIRMAN. Do I understand then that Mr. Maeser moves to amend Mr: Kerr's amendment? Mr. MAESER. I shall state Mr. Kerr's amendment. The word “free” was to be stricken out before “public schools.” I move to amend that the word “free” should be placed on line 10 as referring only to schools of primary and grammar grades, because as has already been stated the university is not absolutely free; that should be left to the Legislature; it is not a business of the Convention to bind it down. Cert
Also tagged as: System, Common, University, People, Make, Support, Made, Salt, Lake, Necessary, Part, Duty, Pay, Age, Cities, Utah, Amount, First, Provisions, Sufficient, Establishment, Right, Keep, Taxes, Taken, According, Territorial, Proposed, Money, Proposition, Case, Place, Providing, Passed, Bill, Entitled, Convention, Qualified, Members, Appropriation, Board, Institutions, Proper, North, Nothing, Granted, Become, Vote, Increase, Objections, Required, Provide, City, Tax, Constitution, County, Legislature, Counties, Free, Schools, Taxation, Provided, Territory, School, Districts, Years, District, Law, Time, State, Public
Mr. KERR. Mr. Chairman, it seems to me that this motion should not prevail. There is not a thing in this section that should not properly be included in the Constitution of a new state. All it provides is, that a Legislature may establish high schools in such places as Salt Lake, which desire to establish high schools. I cannot understand that it would be desirable to prohibit the establishment of a high school. Mr. THURMAN. I would like to ask the gentleman a question. Would not the Legislatur
Also tagged as: Provide, City, Subject, Made, Constitution, Taken, County, Trust, Establishment, Power, Make, Nothing, Constitute, Capital, Prevent, Purpose, Remain, Legislature, Receive, Day, Providing, Counties, Necessary, Proposition, Free, Common, Schools, University, Taxation, Provided, Territory, People, Continue, System, Places, Support, School, States, Houses, Convention, Members, Proposed, Least, Districts, Second, Territorial, Appropriation, Money, Years, Time, Law, First, Salt, Place, District, Institutions, Part, Provisions, Dollars, State, Vote, Public, Utah, Keep, Right, Lake
Mr. IVINS. Mr. Chairman, I just want to say a word in regard to this question of education, which has been so generally discussed here this afternoon. In the first place, I want to say in my own behalf, and I believe that in speaking for myself I can speak for every colleague I have on this floor, who comes, as I do, from the outlying counties of this Territory, that there are none of us who are opposed to higher education, that there are none of us who are opposed to any aid that has been heret
Also tagged as: Salt, Lake, System, Part, Common, Made, People, University, Hereafter, Make, Sufficient, Continue, Cities, Nothing, Providing, Power, According, Vote, District, Objections, Place, Voting, Institutions, Purpose, Sources, Entitled, First, Writing, Least, Dollars, Representatives, Created, Territorial, Washington, Taken, Justice, Matters, Levying, Board, Business, Keep, Provide, City, Tax, Constitution, County, Legislature, Counties, Free, Schools, Taxation, Provided, Territory, School, Degree, Districts, Time, Law, State, Public, Utah
Mr. THURMAN. Mr. Chairman, I would like to ask the gentleman from Salt Lake if his motion contemplates passing from this business now to something else? Mr. VARIAN. Certainly. Mr. THURMAN. I am in favor of the motion, but I am in favor of continuing work and going through the article, and get the sense of the Convention on the various parts of it, so that when it is referred back, the committee who has charge of getting up the article can understand something about what the Convention thinks a
Also tagged as: Convention, Provisions, Make, Made, Granted, Least, Pass, Proposition, States, Congress, Common, Bill, Places, Purpose, Members, Utah, Perform, Consent, Proper, Provide, University, Powers, Change, Several, Nothing, County, Granting, Trust, Use, Grand, Salt, Subject, Matters, Sufficient, Lake, Business, United, Public, Determine, Proceeds, Number, Instruction, Duties, Amendments, Labor, Objections, Act, Constitution, Government, Power, Legislature, Schools, Lands, School, Time, Institutions, Law, State
Article No. 4.2: Section 3: Third Amendment
Also tagged as: Made, Debt, Several, Following, Pay, Third, Money, Created, Provided, Provide, Indebtedness, Territory, Public, Counties, Taken, County
Article No. 5.2: Section 3: Second Amendment
Also tagged as: Second, Make, Election
Mr. THORESON. Mr. Chairman, it appears to me that by referring to line 4 of section 2 we find the following: “they shall recommend to the electors to vote at the next general election for or against a convention.” Now this other refers to said election. Mr. HOWARD. Mr. Chairman, that provides for the electors to vote on whether they shall have the convention or not. It does not provide for the electors to vote on the question of the revised constitution.
Also tagged as: Convention, Following, Provide, Election, electors, Constitution, Vote
The question recurring upon the motion of Mr. Chidester the ayes and noes were called for and the vote was as follows: AYES_87. Adams Allen Barnes Boyer Brandley Button Call Cannon Chidester Christianson Clark Coray Corfman Crane Creer Cunningham Cushing Driver Eldredge Emery Engberg Farr Francis Gibbs Goodwin Lewis Low, William Low, Peter Low, Cache Lund Maeser Mackintosh Maloney Maughan McFarland Miller Morris Murdock, Beaver Mur
Also tagged as: Time, Salt, Grand, Fixed, Regular, Proposition, Utah, Vote, Right, Lake
Report on Public Lands [Report No. 11]
Also tagged as: Lands, Number, Submitted, Public, Constitution, Proposition, Utah, County
Mr. VARIAN. I will say here, I will yield my time. Mr. RICHARDS. Mr. Chairman, I submit that anything may be done in committee of the whole by unanimous consent. Mr. EVANS (Weber). Mr. Varian is objecting to it. Mr. RICHARDS, Unanimous consent suspends the rules anywhere. Mr. VARIAN. Mr. Chairman, since it is challenged, I will make the point right now. I say that the committee of the whole cannot suspend a standing rule of this Convention. I challenge the argument upon it. This Convention f
Also tagged as: Provided, Time, Make, Declared, Consent, Convention, Least, Right, Entitled, Case
Mr. ROBERTS. Mr. Chairman, I shall not detain the committee so long, perhaps as they anticipated had not the rules been changed this morning. I shall not detain the committee so long as I expected myself, this morning, for the reason that this question now before the committee has changed phases somewhat since last evening. I am informed that the gentlemen of the majority of this Convention_I mean our Republican friends, went into caucus last evening and almost solidly concluded to support the p
Also tagged as: Provide, Increase, Subject, Made, Grant, Constitution, Taken, Judgment, Change, Power, Make, Become, Nothing, House, Adoption, Days, Proposition, Elections, Day, Granting, Free, Issue, Election, Territory, Pass, People, Executive, Congress, Number, Support, States, Actions, Convention, Least, Proposed, Second, Years, Time, First, Institutions, Duty, Place, Franchise, Part, State, Taxes, Majority, United, Utah, Vote, Right, Effect
Mr. CHIDESTER. Mr. Chairman and gentlemen of the committee, I do not deem it necessary to enter into a full discussion of this question now, for the reason that I believe that the question has been fully settled in the hearts and minds of the people. Notwithstanding the statements that have been made this morning, I believe that the question has been thoroughly ventilated, and that the people have virtually passed upon it. I believe when the platforms were adopted by the two political parties th
Also tagged as: People, Equal, Made, Convention, Place, Part, Majority, Become, Subject, Justice, Proposition, Power, Age, Elections, Franchise, Make, County, Consent, Purpose, Elected, Entitled, Congress, Property, Religious, Exercise, Governor, Act, Free, Territory, Case, Public, Duty, System, Least, According, Powers, Real, Created, Submitted, Nothing, Granting, Incorporated, Members, Union, Member, Process, Trust, Constitution, Government, Civil, Laws, States, Right, Years, Institutions, First, Law, Time, State, United, Utah, Vote, Rights
Article No. 6.2: Section 1
Also tagged as: Made, Fifteen, Sufficient, Third, Change, Writing, Proceedings, Support, Proper, Convention, Second, Passed, Dollars, Place, Receive, Elections, County, Purpose, Days, Day, Rights, Right
Mr. VARIAN. Then there is no motion before the house? The CHAIRMAN. Gentlemen of the committee, the question now pending before the committee is the substitute of the gentleman from Weber (Mr. Kiesel) offered for section one. Mr. LUND. Mr. Chairman, I do not believe that argument on this subject should be shut off. Gentlemen of the Convention, it has not been opposed upon its merits to this time, and if I may have as much time as Mr. Ivins took in advocating economy, I desire to oppose_ The
Also tagged as: Convention, Subject, Issue, Necessary, Make, Made, Washington, County, House, Keep, State, Member, Private, Duty, Number, Law, Case, Proper, Territory, Passed, Adoption, Part, Day, Proposition, Following, Rights, Days, People, Constitution, Taken, Judge, Members, Time, Vote
Mr. THURMAN. Will the gentleman yield to me for a question_I am very sorry for this interruption, but I want to ask if the plank put in the democratic platform raised any issue between the parties? I am sorry to interrupt you, because I know that it puts the speaker to a disadvantage. But you had made the remark that the planks were inconsistent, the one which declares for a non-partisan constitutional convention, and the other which declared in favor of woman's suffrage. Now, I ask you if that
Also tagged as: Paid, Subject, Made, Grant, Granted, Value, Act, Constitution, Voting, Several, County, Lake, Government, Power, Make, House, Nothing, Become, Property, Fixed, Day, Control, Proposition, Free, Issue, Name, Taxation, Proceedings, Declared, Territory, Legislative, Board, People, Equal, Number, Reasons, Support, Laws, States, Consent, Convention, Effect, Proposed, Members, Second, Case, Time, Salt, Law, Person, Franchise, Place, Part, State, Exercise, United, Public, Majority, Utah, Vote, Right, Rights, Senator
Mr. ROBERTS. Mr. Chairman, I arise to a question of personal privilege. Some remarks which I made in the heat of discussion this morning were perhaps stronger than I would wish in referring to one of my colleagues, Mr. Ivins. I would not wish to lose a friend nor do him any injustice, and I therefore personally apologize to Mr. Ivins for anything offensive in my remarks. Mr. VARIAN. Mr. Chairman and gen-men of the committee, rarely have I had an opportunity of listening to such an oratorical ef
Also tagged as: People, Convention, Make, Judgment, Made, Majority, Part, Equal, Votes, Duty, Private, Territory, Proposition, Nothing, Power, Place, Elected, Cast, Personal, Congress, Election, Members, Use, Union, Effect, City, Years, Become, Town, Reasons, Degree, First, Least, Tax, Support, Subject, Religious, Change, Franchise, Exercise, Control, House, Salt, Lake, Laws, Several, Common, Property, Constitution, County, Government, Purpose, Day, Free, States, Time, Law, State, Public, Utah, Vote, Right
The CHAIRMAN. Gentlemen of the committee, when we adjourned yesterday, I believe we had under consideration, the article on elections and right of suffrage. Mr. ELDREDGE. Mr. Chairman, at first I did not intend to speak to the question which is before us for consideration, but as it has taken such a wide range, and has circumscribed a vast field for reflection, I feel that I cannot pass the opportunity of speaking and expressing a few words on this subject. I have no set speech prepared and wha
Also tagged as: People, Made, Convention, Part, Franchise, Exercise, Place, Equal, Common, Consent, Territory, Proposition, States, Make, Subject, Majority, Trust, Laws, First, Union, Grant, Day, Act, Institutions, Civil, Powers, Property, Religious, Issue, Passed, Entitled, Duty, Persons, Cast, Election, Least, Territorial, Purposes, Representatives, Person, Constitution, County, Government, Power, Purpose, Free, Time, Law, State, Utah, Vote, Right, Rights
Mr. SQUIRES. I had not expected, Mr. Chairman and gentlemen of the committee, to take up any of your time in discussing the subject now before the Convention. I believe with the distinguished gentleman from Davis County, that the matter was fixed before any debate was had upon this floor, and in the interest of economy of time, I should have been glad if we could have gone to a vote without this display of oratory which has charmed every member of the Convention. But I have noticed that in the d
Also tagged as: Following, City, Subject, Made, Constitution, Several, Taken, Change, County, Proper, Member, Power, House, Make, Nothing, Votes, Purpose, Authority, Days, Legislature, Receive, Day, Proposition, Counties, Free, Proceedings, Territory, Pass, People, Legislative, Equal, Members, Convention, Least, Representatives, Time, District, First, Salt, Duty, Part, Use, State, Majority, Utah, Vote, Right, Lake
Mr. BARNES. Matters have assumed a shape in this Convention which I think calls forth some remarks from me as a delegate from Davis County. It may be somewhat presumptuous on my part to take up the time of this Convention after listening to the able oratory with which we have been favored during the last day or two, but, Mr. Chairman, I desire to say a few words in defense of the residents of Davis County_my constituents and the constituents of Mr. Roberts. We are informed this afternoon, that t
Also tagged as: City, Made, Grant, Granted, Indian, Constitution, Taken, County, Lake, Proper, Trust, Power, Make, Prevent, Votes, Seat, Legislature, Day, Proposition, Granting, Issue, Office, Election, Times, Territory, Pass, People, Equal, Matters, Support, Cast, States, Convention, Least, Proposed, Second, Territorial, Years, Time, First, Salt, Franchise, Place, Duty, Part, Use, State, Majority, Utah, Age, Vote, Right, Rights
Article on Revenue and Taxation [Article No. 14]
Also tagged as: Increase, Paid, Made, Authorized, Claims, Tax, Value, Several, Voting, Commissioners, Bonds, Auditor, Prevent, Exceeding, Sufficient, Counties, January, Therefor, Provided, Private, Declared, Board, Purposes, Authorize, Matters, School, Taxed, Laws, Appropriation, Money, Place, Corporations, Real, Part, State, Dollars, United, Public, Proceeds, electors, Majority, Vote, City, Mining, Individuals, Thereon, Attorney, Preceding, Municipal, Business, Qualified, Authority, Debts, According, Amount, Proposition, Secretary, Published, Taxation, Levying, Office, Lands, Submitted, Franchises, Officer, Pay, Treasurer, Districts, Mines, Final, Years, War, Valuation, Exceed, Hereby, Construed, Religious, Sources, Respective, Constitution, County, Power, Purpose, Property, Corporation, Election, Places, Owned, Proposed, Prescribed, Territorial, Law, Personal, Therein, Governor, Providing, Duties, Provide, Cities, Perform, Nothing, Legislature, Day, Equal, States, Debt, Members, Case, Person, Time, Rate, Duty, Town, Taxes
Article on Public Debt [Article No. 15]
Also tagged as: Provide, Indebtedness, Paid, City, Authorized, Due, Value, Tax, Cities, Voting, Constitution, Thereon, Taken, County, Bonds, Preceding, Power, Nothing, Become, Municipal, Qualified, Purpose, Prevent, Votes, Debts, Property, Contract, Authority, Exceeding, According, Incorporated, Amount, Proposition, Day, Water, Published, Provided, Corporation, Election, Territory, Purposes, People, Submitted, School, Laws, Cast, Debt, Pay, Created, Least, Owned, Existing, Money, Years, District, Law, Time, Town, War, Exceed, Therein, Part, Dollars, State, Taxes, Construed, electors, Public, Majority, Utah, Vote, Effect
Mr. JOLLEY. Mr. Chairman, the condition we are in this morning reminds me of a couple of travelers who were traveling from one town to another in our county, and there came up a snow storm and they missed their way and were lost for a while. Finally the storm cleared away, they saw they were verging into a town, and meeting a boy on the street, one said to him, “Young man, where are we?” And I would like to ask the question this morning, where are we? If I understand it properly, all the gentlem
Also tagged as: People, Lake, Part, Make, Trust, Salt, Laws, Government, School, Made, Grant, West, Providing, City, Least, District, Equal, Right, State, Declared, Following, Peace, Day, Granting, Justice, Place, Convention, Taken, County, Elected, Territory, Time, Town, Senators, Vote, Utah
Mr. HILL. May I proceed, or am I ruled out? The CHAIRMAN. Go on, Mr. Hill. Mr. HILL. It was stated here on Saturday, by some party, that during our entire campaign it was presented before the different primaries, and the stumpers throughout the Territory had stumped in favor of female suffrage. I, unfortunately for me, as I stated sometime ago, was among the oldest, if not the oldest, republican in Utah_I fail to recollect, at any of our primaries, at any of our meetings, to have heard the que
Also tagged as: Franchise, People, Convention, Consent, Taxes, Justice, Made, Issue, Majority, Election, Members, Place, City, Equal, House, Free, Duty, Proposition, States, Make, Pay, Salt, Lake, Cast, Taken, Voting, Taxation, Exercise, Entitled, First, Dollars, Executive, Hereafter, Effect, Taxed, Military, Debt, Tax, Constitution, County, Government, Property, Legislature, Day, Territory, Time, Public, Utah, Vote, Right, Rights
Mr. LAMBERT. Mr. Chairman, I have sat here patiently and listened to these long discussions, and this is the first time I have attempted to trespass upon your attention, but this is a question of vital importance to the people of Utah and of the United States. It is a question that all eyes of this nation and other nations are looking for, the advancement being made by the people of this country tending towards the enfranchisement of woman. The progress of the age is marked in that direction, bu
Also tagged as: People, Convention, Equal, Labor, Make, Franchise, Made, Necessary, Place, Created, Justice, Trust, Proposition, Elected, Majority, School, Least, Use, Keep, Governor, Money, Duty, Days, Votes, Authority, Degree, Laws, Age, United, Legislature, Dollars, Mining, Peace, Receive, According, Constitution, Taken, County, Power, Day, Territory, States, Years, Time, First, State, Public, Utah, Vote, Right, Rights
Mr. WHITNEY. Mr. Chairman, I do not deem it an unreasonable request that I have made. It was I who seconded the motion giving to the gentleman from Davis County the privilege of closing the debate upon this question; he having requested that privilege in view of the fact that as he has been asked by his constituents to resign, it would probably be his last speech on the floor of this Convention. As this is probably the last speech I shall make on earth [laughter], for there is no telling what o
Also tagged as: Convention, People, Subject, Proposition, Made, Franchise, Make, Salt, Lake, First, Nothing, Proper, Issue, Member, Consent, Votes, Place, Use, Grant, Case, Rights, Matters, Power, Congress, Voting, Times, Justice, Judgment, Equal, Act, Public, Real, Taxation, Number, Pass, Pay, Least, Effect, Second, Laws, Days, Part, Change, Become, Day, Taken, Constitution, Necessary, Representative, Declared, Office, Free, County, Government, Territory, Members, Years, Time, State, Utah, Vote, Right
Article No. 6.2: Section 2: Amendment
Also tagged as: Age, Herein, Preceding, Years, Election, Territory, Days, State, United, States, Vote, County, Entitled
Mr. ALLEN. We have made considerable on this floor about taxing people without representation. Take a man that may have come into the Territory last year and because he happens to be one year ahead of another man to say that he may vote because he happens to be here a little before another one, and to say that a man shall not vote because he has not happened to be in the State quite soon enough. Now, we have plenty of honorable men_we can judge those that may come by those that are here. We have
Mr. ALLEN. As a rule I believe that the men who are educated are more apt to be men that are not living by the sweat of their brow; as a rule they are not men that linger around saloons or around cities, wishing to sell their vote. They are more apt to be out in the country at work, improving the country, making more taxable property in the country, therefore, I am in favor of striking out this section. Mr. ENGBERG. Mr. Chairman, I am opposed to this section being a part of the Constitution for
Mr. EICHNOR. Mr. Chairman, I wish to ask this question, and submit it particularly to the attorneys in this committee. Mr. Thurman explained a little while ago that if a person was able to read the Constitution of the United States, no matter in what language it was printed, he could vote. Now, after a little reflection, I must say that I differ with the distinguished gentleman. If you insert this clause, or insert this amendment, that no person shall have the right to vote unless he shall be ab
Also tagged as: Franchise, People, Use, Qualification, Make, Age, Voting, Proper, Part, Provisions, Court, Second, Third, Day, Adoption, Qualified, Exercise, Members, War, Law, Least, Judge, Taken, Rights, Writing, Individuals, House, Constitution, Election, Territory, School, States, Person, Years, First, Time, Courts, United, Utah, Vote, Right
Mr. RICHARDS. Mr. Chairman, I find in the Enabling Act this provision: Persons possessing the qualification entitling them to vote for delegates under this act, shall be entitled to vote on the ratification or rejection of the Constitution, under such rules or regulations as the said Convention may prescribe, not in conflict with this act. The qualification prescribed for electors at the election for choosing delegates is as follows: All male citizens of the United States over the age of twen
Also tagged as: Authorized, Act, Constitution, Voting, Persons, County, Herein, Entitled, Preceding, Determine, Qualified, Votes, Adoption, Union, Days, Elections, Proposition, Issue, Provided, Proceedings, Qualification, Election, Territory, Pass, Executive, People, Congress, Hereafter, Terms, Cast, States, Convention, Prescribed, Proposed, Years, Person, First, Time, Hereby, Franchise, Salt, Provisions, Use, Vote, State, United, electors, Majority, Age, Providing, Lake
Mr. THURMAN. Mr. President, if any of these proposed amendments prevail, I hope it will be the last one proposed. There is something in that that has the true ring. I cannot say that I am exactly in full sympathy with it to the extent to which it goes, but, gentlemen, this is a serious question we are dealing with. There is nothing more sacred than the right of property, unless it be the right to live and enjoy your liberty. These amendments, except the last proposed by the gentleman from Weber,
Also tagged as: Railroad, Money, Pay, Made, People, Paid, Private, Make, Salt, Lake, Construed, Prevent, Name, Consent, Use, Proposition, Jury, Power, Nothing, Proposed, Value, Purpose, Territory, Courts, States, Number, Pass, Amendments, Provisions, Amount, Corporations, Dollars, Change, Business, Town, Vote, Absence, Objections, Connected, Proceedings, Days, District, First, Least, Provide, Constitution, Taken, County, House, Property, Legislature, Corporation, Compensation, Case, Years, Time, Law, Court, State, Public, Utah, Right
Mr. SMITH. Mr. President, I have been thinking considerably over this matter and to me it is a matter of very grave concern. The other day in committee of the whole, I remember that some of the constitutions had sections in like section 23. I became a little concerned that possibly we might do a wrong if we did not put the 23d section in, but in the consideration of this section it seems to me if we tie this up too completely and too perfectly it is going to strike back in a way that it will not
Also tagged as: Provide, Paid, City, Made, Subject, Individuals, Claims, Powers, Due, Act, Value, Constitution, Taken, Judgment, Change, County, Companies, Trust, Government, Power, Make, Nothing, Purpose, Property, Legislature, Passed, Day, Proposition, Necessary, Water, Secretary, Name, Corporation, Private, Provided, Territory, Pass, People, Purposes, Legislative, Submitted, Matters, Compensation, Laws, Pay, Convention, Least, Proposed, Jury, Bill, Case, Labor, Money, Time, Years, Law, First, Court, Place, Corporations, Dollars, Part, State, Use, Public, Utah, Railroad, Keep, Right, Rights
Mr. KIMBALL (Weber). Mr. President, I do not desire to make a speech at this time on my substitute for the section that is now under consideration and all the amendments, but I do desire this, as the gentleman from Salt Lake, Mr. Varian, has the floor, to correct him in one thing that he mentioned this morning. If you read my substitute, it obviates the objection the gentleman raised. I do not refer in that clause of the substitute that refers to the non-allowance of benefits to public corpor
Also tagged as: Following, Made, Subject, Individuals, Due, Connected, Act, Constitution, Several, Taken, Judgment, Proper, Government, Power, Make, Union, Purpose, Authority, Property, Days, Legislature, Incorporated, Proposition, Day, Necessary, Justice, Issue, Private, Declared, Legislative, Pass, People, Purposes, Objections, Matters, Hereafter, System, Compensation, Laws, States, Convention, Least, Proposed, Cases, Second, Bill, Case, Transferred, Existing, Person, Time, Law, Years, Court, Personal, Courts, Corporations, Provisions, Part, State, Amendments, Supreme, Public, United, Use, Process, Exercise, Special, Right, Rights
The roll was then called on the adoption of the article entitled declaration of rights, and the vote was as follows: [Because the Preamble and Declaration of Rights are in the same document, we marked the decision as 'other'. This allows us to later vote on the Preamble and adopt the entire document.] During the roll call members explained their votes as follows: Mr. BOYER. Mr. President, I do not fully comprehend what we are voting on. The PRESIDENT. You are voting on the bill of rights as a
Also tagged as: Voting, Proposition, Adoption, Bill, Hereafter, Made, Private, Convention, Votes, Use, Taken, Entitled, Property, Compensation, Members, State, Public, Vote, Right, Rights
Mr. KEARNS. Mr. President, I hope that the motion will not prevail. It is unnecessary to create any extra offices. We find thirteen states in the Union that are all of more consequence and with more inhabitants and wealthier states than this that get along without a lieutenant governor. Again, I find that the secretary of state is an office that contains a good deal more responsibility. We are apt to get a better representative in the office for secretary of state than we are for lieutenant gove
Also tagged as: Provide, Made, Absence, Act, Constitution, Several, Offices, Taken, Change, Perform, Officers, Representative, Government, Make, Union, Admitted, Capital, Authority, Remain, Legislature, Passed, Sufficient, Department, Day, Necessary, Secretary, Elected, Office, Territory, Legislative, Senate, People, Executive, Reasons, States, Officer, Pay, Convention, Created, Least, Second, Case, Right, Time, Years, First, Place, Personal, Dollars, Vote, State, Governor, United, Majority, Public, Keep, Duties, Receive
Mr. VARIAN. Mr. Chairman, I still do not understand, even granting the purpose of the gentleman to amend section 2, why that should prevail. What reason is offered for letting state officers alternate, or some of them? The whole theory of the bill was that state officers would be elected at one time. Of course we have an understanding that certain other elections be held at different times. Mr. LOW (Cache). Mr. Chairman, by way of explanation, I would read the amendment which I wish inserted in
Also tagged as: Provide, Following, Made, Individuals, Absence, Claims, Granted, Offices, Several, Judgment, Change, County, Commissioners, Officers, Government, Make, Become, Purpose, Legislature, Department, Elections, Proposition, Control, Amount, Granting, Secretary, Elected, Taxation, Provided, Office, Election, Times, Executive, Board, Senate, Washington, Places, System, Terms, States, Members, Debt, Bill, Case, Years, Time, First, Term, Place, Senators, State, United, Public, Governor, Utah, Duties
The CHAIRMAN. If there is no objection that can be arranged afterwards.
Mr. VAN HORNE. It does not seem to me that that ought to be stricken out. Suppose something should come up_another emergency that if it was not the same for which the Legislature had been called, would have been sufficient for him to have called a special session of the Legislature to consider them, would the gentleman say that that should not be presented to the Legislature and that they might not consider that emergency as well as the one for which they were specially called? It seems to me th
Also tagged as: Provide, Paid, Constitution, Member, Entitled, Preceding, Power, Business, Purpose, Prevent, Legislature, Sufficient, Issue, Elected, Provided, Legislative, Matters, Members, Convention, Case, Time, Salt, First, Town, Duty, Place, State, Required, United, Governor, Special, Lake, Effect
Mr. VARIAN. Mr. Chairman, this section probably will have to receive further consideration. Of course, we do not know what committee will have that in charge in regard to district officers_possibly the legislative committee. We can either pass it or strike it out. I am not advised about that committee. Mr. HOWARD. Mr. Chairman, it seems to me as though this conflicted with some of the sections that we have already passed. In section 1 it provides that officers provided for in that section shal
Also tagged as: Vacancy, People, Fill, January, Appoint, Monday, Legislative, Votes, Made, Following, Determine, Receive, Least, Department, Granting, Consent, Second, Passed, Equal, Pass, Provide, Officers, Power, Legislature, Elected, Provided, Office, Election, Senate, Number, Case, District, Term, State, Governor, Duties
The PRESIDENT pro tem. If there are no further amendments to this section, the question is upon the passage of the entire article. The roll was called and the vote was as follows: AYES_91. Adams Allen Anderson Barnes Bowdle Boyer Brandley Button Buys Call Cannon Chidester Christiansen Clark Coray Corfman Crane Creer Cushing Eichnor Eldredge Emery Engberg Evans, Weber Farr Francis Gibbs Goodwin Lewis Lowe, Wm. Lowe, Peter Low, Cache Lund Maeser Maloney Maughan McFarland Miller
The PRESIDENT. Shall the decision of the chair stand? An appeal is taken from the decision of the chair. Shall the decision of the chair stand? All in favor will say Mr. VARIAN. One moment, Mr. President. It must be obvious to the Convention, as well as to the gentleman from Utah County, that if this is the law under our rules this question cannot be presented at all, and the question confronting us now is whether upon the third reading, when we are in the Convention, where the ayes and nays
Also tagged as: Provide, Subject, Absence, Act, Constitution, Voting, Taken, Persons, Change, County, Third, Member, Proper, Entitled, Lake, Power, Determine, House, Make, Qualified, Purpose, Passed, Proposition, Elections, Necessary, Day, Proceedings, Election, Pass, People, Number, Congress, Submitted, Places, Degree, Laws, Members, Proposed, Least, Convention, Time, Salt, Law, First, Place, Provisions, State, Majority, electors, Utah, Vote, Right, Rights, Effect
Mr. CHIDESTER. Mr. President, I make the same objection to the motion as amended as I did before. Mr. IVINS. Mr. President, this seems to me like a very unusual proposition for more reasons than one. In the first place the amendment provides that this matter shall be submitted to a committee of five with instructions just what they are to do. Now, if that committee is to take this matter under advisement, with instructions to report an article providing for the separate submission of this matte
Also tagged as: People, Proposition, Convention, Made, Majority, Issue, Make, Submitted, Salt, Votes, Equal, Lake, Subject, Place, Legislature, Nothing, Personal, Member, Power, Counties, Least, Public, City, Name, Regular, Change, Special, Rights, Proposed, Part, States, House, United, Taken, Qualified, Trust, Sufficient, Duty, Grant, Support, Declared, Elections, Granted, Constitution, County, Purpose, Days, Day, Territory, Members, Time, First, Vote, State, Utah, Right
Mr. MURDOCK (Beaver). Mr. President and gentlemen of the Convention, I realize this great fact, that I am surrounded with critics, and I only crave earnestly the voice and the language of some of my colleagues here upon this floor. But it is, I believe you will agree with me, as I stated when I was on the floor perhaps a week ago, that this was a very important question. I so regard it to-day. That I do not think the time is thrown away in looking at it and investigating this matter, and that th
Also tagged as: People, Proposition, Equal, Convention, Part, Change, Franchise, Bill, Territory, Members, Use, Make, Pay, Lake, Place, State, States, Submitted, Majority, Salt, Latitude, Washington, North, Elections, Proposed, Amount, Nothing, Duties, Taxes, Granting, Justice, San, House, Constitution, County, Business, Days, Terms, Years, Time, Vote, Utah, Right, Rights
Mr. WHITNEY. Mr. President, in what few remarks I make I shall endeavor to respect the wise admonition of the chair and avoid all personal allusions. I certainly have no desire to use any acrimonious language. There has been too much bitterness indulged in already, and I shall say nothing to augment the stream of gall and wormwood. I would prefer to say to these troubled waves of thought and feeling, “Peace; be still.” I disclaim all bitterness, so far as my remarks during these debates are conc
Also tagged as: People, Convention, Proposition, Monday, Majority, Made, Equal, Make, Keep, Judgment, Nothing, Determine, Election, Members, Executive, Public, Place, Regular, Law, Proper, Votes, Elections, Authority, Taken, Granting, Issue, Cast, Territory, Least, Times, Effect, Passed, Fixed, Justice, City, Act, Constitution, County, House, Purpose, Day, Elected, Years, Time, First, State, Utah, Vote, Right, Rights
The PRESIDENT. The question before the house is the recommittal of the proposition to a special committee. Mr. LEWIS. Mr. President, I propose to come to the question, if not directly, indirectly. I want to place myself properly before this Convention after the attitude that I have assumed. Talk about criminations and recriminations, there have also been insinuations, and I do not propose to stand under a single insinuation, if I have the privilege of placing myself properly before this Convent
Also tagged as: People, Convention, Proposition, Duty, Change, Cast, Time, Purpose, Counties, Proper, Elected, Second, Territory, Right, Representatives, Fixed, Public, Union, Rights, Private, Make, Personal, Place, Special, Subject, City, Constitution, County, Representative, Power, House, Vote, State, Utah
Question of Personal Privilege
Also tagged as: Personal
The PRESIDENT. You may state it. Mr. HOWARD. Suppose two prominent lawyers were in court arguing an important case before a jury and one of them, afraid_ The PRESIDENT. To whom are you addressing that question? Mr. SQUIRES. Addressing it to the Convention.
Also tagged as: Convention, Jury, State, Court, Case
Point of Order: Question of Personal Privilege
Also tagged as: Personal
Mr. HOWARD. Mr. Squires made the remark here this morning that I wished to ask him the question on. The PRESIDENT. All right, ask Mr. Squires the question. Mr. HOWARD. I will ask him the question.
Also tagged as: Made
The PRESIDENT. Mr. Howard has the floor, Mr. Squires.
Mr. HOWARD. Suppose two prominent lawyers were in court arguing an important case before a jury and one of them, afraid he was going to lose his case, would leave the jury and go out upon the street and appeal
Also tagged as: Jury, Court, Case
The PRESIDENT. The gentleman will take his seat. Mr. HOWARD. Now, I ask this question as a matter of personal privilege. The PRESIDENT. The gentleman will take his seat.
Also tagged as: Seat, Personal
Mr. Howard's Personal Privilege
Also tagged as: Personal
Objection to Mr. Howard's Personal Privilege
Also tagged as: Personal
Mr. HOWARD. I have spoken once on this question only. The PRESIDENT. There is an objection, you having had the floor twice. Mr. BUTTON. I would like to ask the question, Mr. President, is it the rule on this question that a man cannot speak but once? The PRESIDENT. No, sir; but he cannot speak twice until the rest of the members have had their chance. Mr. BUTTON. If there is not anybody else wanting to speak, can't he speak the second time? That is what I am after. Mr. HART. Mr. President,
Also tagged as: Person, Second, Right, Time, Members
The PRESIDENT. If there is no other gentleman, Mr. Howard will speak.
The PRESIDENT. If there is no other gentleman, Mr. Howard will speak. (It seems that no one else had anything to say. As a result, Mr. Howard had his point of personal privilege.)
Also tagged as: Personal
Mr. HOWARD. I do not wish to occupy the time of the Convention very long. I will just read this now that I was going to say. Suppose two prominent lawyers were in court arguing an important case before a jury and one of them, afraid he was going to lose his case, would leave the jury and go out on the street and appeal to the people, what would you lawyers think of him? Mr. GIBBS. Mr. President, I arise to a point of order. Mr. HOWARD. What would you members of this Convention The PRESIDENT.
Also tagged as: Convention, Jury, People, Issue, Made, Determine, Proposition, Time, Court, Members, Vote, Right, Case
Mr. MORRIS. Mr. President, I object to delaying this matter for various reasons, or to referring it to the committee or the Legislature either on this ground. When we were elected as delegates to different conventions we were sent there as agents or representatives of the people to do that business for them. I attended a Convention in Provo when they placed that plank in the republican platform, and I do not remember of a single voice of objection to that plank. Since that I read the plank of th
Also tagged as: Made, Grant, Constitution, Several, Voting, Taken, Change, Government, Business, Nothing, House, Days, Legislature, Proposition, Day, Free, Elected, Election, Declared, People, Equal, Congress, Reasons, Convention, Created, Representatives, Time, Salt, Place, Part, Utah, Monday, Vote, Right, Lake, Effect
Resolutions from the Women of Salt Lake City
Also tagged as: City, Following, Made, Authorized, Thereon, Constitution, Voting, County, Herein, Special, Entitled, Preceding, Power, Determine, Nothing, Qualified, Purpose, Adoption, Prevent, Remain, Legislature, According, Incorporated, Proposition, Elections, Necessary, Free, Secretary, Published, Elected, Provided, Admission, Office, Election, Territory, People, Equal, Submitted, Hereafter, School, Laws, Duties, States, Convention, Effect, Proposed, Prescribed, Second, Years, Person, Law, District, Personal, Time, Salt, Hereby, Provisions, Part, Town, State, United, Majority, Public, Utah, Age, electors, Vote, Right, Lake
Mr. SNOW. And this comes from those who are opposed to it. It has been interjected into this debate and into the proceedings of this house, and by those who are vehemently opposed to woman suffrage. They have had all the favor, all the courtesy, that have been extended to members upon this floor, and when one member gets up and asserts his right, he is immediately called to order. Mr. President, I am emphatically of the opinion that all this demonstration on the outside against woman suffrage ha
Also tagged as: City, Made, Subject, Individuals, Grand, Constitution, Voting, Taken, County, Change, Member, Third, Proper, Peace, Trust, Power, Determine, House, Make, Become, Nothing, Purpose, Passed, Incorporated, Regular, Proposition, Elections, Counties, Proceedings, Election, Territory, People, Equal, Washington, Submitted, Hereafter, Degree, Consent, Members, Convention, Least, Representatives, Time, Salt, First, Person, Term, Rights, Part, Public, Majority, Utah, Keep, Vote, Right, Lake
Roll call on Mr. Varian's motion to recommit the article on elections and right of suffrage, showed the following result: AYES: 42. Adams Bowdle Button Clark Crane Cushing Eichnor Eldredge Emery Gibbs Goodwin Green Haynes Hill Hyde James Kiesel Keith Kimball, Weber Lambert Larsen, L. Lund Mackintosh Maloney McFarland Murdock, Summit Page Peterson, Grand Peterson, Sanpete Pierce Roberts Ryan Sharp Shurtliff Spencer Squires Stover Strevell Tho
Also tagged as: Lake, Declared, Following, Grand, Salt, Elections, Utah
The roll being called on the adoption of section 1, the vote was as follows: AYES: 75. Allen Anderson Barnes Boyer Brandley Buys Call Cannon Chidester Christiansen Clark Coray Corfman Crane Creer Cunningham Driver Eichnor Eldredge Emery Engberg Evans, Weber Farr Francis Gibbs Goodwin Hammond Hart Halliday Heybourne Howard Hughes Hyde Ivins Johnson Kimball, Salt Lake Kimball, Weber Lambert Larsen, L. Lemmon Lewis Lowe, Wm. Lowe,
Also tagged as: Following, Made, Grand, Voting, Constitution, Taken, Judgment, Adoption, Proposition, Granting, Secretary, Free, Common, People, Reasons, Submitted, Convention, Right, Time, District, Salt, Duty, State, Public, Utah, Vote, Lake
Mr. WELLS. Mr. President, I desire to call the gentleman's attention to the fact that in the bill of rights a provision was inserted, "no property qualification shall ever be required of any person to vote or hold office, except as provided in this Constitution." And this is the provision referred to. If this is stricken out there will be no provision anywhere. You will have to strike out the other if you strike this out. Mr. RYAN. Mr. President, that is exactly what I would like to see done. I
Also tagged as: Taxes, Voting, Special, Levying, Subject, Debt, Made, Bonds, Bill, Required, Time, Remain, Proposed, Rate, Office, Franchise, Created, Lake, electors, Submitted, Qualification, Taxation, Taxed, Law, Place, Court, Proper, City, State, Money, District, Matters, Salt, Votes, Admitted, Provide, Indebtedness, Tax, Constitution, Persons, County, Purpose, Property, Legislature, Provided, School, Case, Person, Rights, Vote, Public, Right
Article No. 6.3: Section 14: Second Amendment
Also tagged as: Years, Make, Times, Election, Place, State, Terms, Case, Constitution, Elections, Elected, Second, Officers
Mr. EVANS (Utah). Might I ask Mr. Thoreson a question? The PRESIDENT pro tem. One moment, if you please, until we get this. Mr. CANNON. Mr. President, my reason for making this motion is that collectors in the various counties throughout the Territory assume the duties of their office about June or July. I think if you made it so that they are compelled to take their office on the first Monday in January, it would be very awkward. Taxes are not settled usually until about that time. I think it
Also tagged as: Office, Provide, Election, Territory, Time, People, Made, Legislature, Taxes, School, Officer, Day, Utah, Counties, Monday, Elections, Duties, Officers, January
Motion to Suspend the Rules of Reconsideration
Also tagged as: Majority, Made, Place, Proceedings, Two-Thirds, Day, Case
Mr. HART. Mr. Chairman, there is a matter connected with the adoption of this first division that I desire to call the committee's attention to, and that is whether this last clause is sufficient. I am aware of the fact that it is in the exact language of the Enabling Act, but it occurs to me that there may possibly be some question on this section for this reason: That under this language, the prohibition that is sought to be secured here, enacted in these words, is not operative, unless you go
Also tagged as: Offenses, Make, Therefor, Adoption, Place, Connected, Sufficient, Subject, Convention, People, Real, Time, Provide, First, Territory, Congress, Legislature, Act, Laws, Constitution
Article No. 11.2: Section 1: Amendment
Also tagged as: Following, Granted, Grant, Act, Constitution, Several, Entitled, Government, Union, Admitted, Issue, Corporation, Declared, People, Lands, Equal, Congress, Hereafter, States, Convention, Case, Person, Salt, Hereby, Therein, State, United, Utah, Receive, Lake
Memorial on Woman's Suffrage [File No. 213]
Also tagged as: Salt, Lake, City
Mr. CRANE. Mr. President, I will say for the information of the gentleman from Cache, that the United States government pays for the enumeration every tenth year. Mr. HART. I am aware of that point. Mr. CRANE. And the State every tenth year. Mr. HART. I am aware of that point, and I think we can get along with that enumeration that the government does pay for. Mr. SQUIRES. Mr. President, I would like to ask the gentleman from Cache if we have not now upon our statute books of the Territory a
Also tagged as: Provide, Following, City, Made, Subject, Mining, Tax, Constitution, Taken, County, Government, Purpose, Legislature, Passed, Amount, Necessary, Territory, People, Congress, States, Pay, Debt, Case, Existing, Years, Time, Law, Salt, Exceed, Dollars, Part, State, Enumeration, Required, United, Militia, Taxes, Utah, Keep, Providing, Right, Lake
Mr. PETERS. Mr. President, upon its face the apportionment looks very fair and impartial, but when we come to consider the contingency of these two counties, Box Elder and Tooele, you will find that they are very far removed. The only communication that we can have with Tooele County is by passing through Weber, Davis, and Salt Lake counties; it is true that we adjoin Tooele on the west, but the Great American desert lies in that locality, and that is fully as insurmountable and more so than any
Also tagged as: Increase, Made, Grand, Taken, Fifteen, County, Third, Member, Entitled, Representative, House, Make, Auditor, Property, Legislature, According, Fixed, Counties, Necessary, San, Provided, Territory, Legislative, Senate, People, Equal, Objections, System, Houses, Members, Convention, Least, West, Districts, Representatives, District, Salt, First, Place, Senators, Part, Real, State, Required, Utah, Railroad, Lake, Senator
Mr. HART. As I was about to say, while I am in favor of giving the smaller counties any reasonable advantage that we could in that direction, I believe, sir, when you come to giving all the smaller counties in the Territory representation, based upon the sole fact that they are counties, when the basis in reality should be the population of the people, I believe that you are going too far and that you are doing a great injustice to the large counties. I submit that this whole thing is unequal, t
Also tagged as: San, Salt, Lake, Senator, Proposition, People, Votes, Least, Made, Convention, Grand, Subject, Debt, Proposed, Members, Mines, Legislative, States, House, Judgment, Vote, Necessary, Times, Cast, Senators, Remain, Member, Election, Purpose, School, Representatives, Public, Term, Union, Change, Make, Justice, Trust, Taxed, Water, Constitution, Taken, County, Representative, Legislature, Counties, Territory, Congress, Districts, Years, District, First, Time, State, United, Utah, Right
Mr. VARIAN. I move its adoption. Personally, I entertain the conviction that the principle underlying this apportionment is utterly vicious and wrong, but I also recognize the fact that it is in accordance with the sentiment of a large majority of this house, and to the extent that they have made the apportionment as it appears in the report from the committee, which was unanimous, I believe, I am prepared to defer and bow to the will of that majority. I am using the word majority now in the sen
Also tagged as: Provide, Increase, City, Made, Powers, Cities, Constitution, Several, Taken, Judgment, Change, Fifteen, County, Member, Entitled, Government, Senator, Power, Representative, House, Make, Municipal, Union, Prevent, Capital, Legislature, According, Fixed, Incorporated, Proposition, Day, Counties, San, Control, Necessary, Justice, Provided, Territory, Legislative, People, Senate, Equal, Number, Congress, System, Support, States, Consent, Convention, Least, Proposed, Created, Members, Districts, Cases, Case, Representatives, Years, District, Law, First, Time, Place, Salt, Rights, Senators, Part, Provisions, State, Enumeration, United, Majority, Consist, Utah, Vote, Right, Lake
Mr. GOODWIN. Mr. Chairman, I hope that will not pass, because there are a good many boys in the militia. already who are not 21 and a great many boys are better before they are 21 than they ever are afterwards. Mr. SQUIRES. Mr. Chairman, I am also opposed to that amendment. Mr. CORAY. Mr. Chairman, I do not think that a person ought to be required to serve in the militia that has no right to vote. I am opposed to their either serving in the militia or paying a poll tax until they are 21. Mr.
Also tagged as: Made, Subject, Tax, Constitution, County, Peace, Government, Power, Military, Make, Become, Purpose, Legislature, Passed, Control, Declared, People, System, Support, States, Members, Pay, Case, Years, War, Time, Duty, Law, Salt, Person, Provisions, State, Required, United, Militia, Consist, Age, Utah, Vote, Right, Lake
Mr. RYAN. Mr. Chairman, I would be opposed to that also. It is an embodiment in many of the constitutions, but it don't seem to be necessary. The statute requires all able bodied male citizens between the ages of eighteen and forty-five. Able bodied covers everything, unless persons who are engaged in certain lines of occupation that the law would exempt them from military service, and the amendment don't cut any figure, I don't think. Mr. RICKS. Mr. Chairman, I take it that all able bodied mal
Also tagged as: Military, Duty, Railroad, Necessary, Amount, Made, Proper, Make, People, Power, Authorized, Connected, Support, Second, Least, Pass, Proposed, System, According, Legislative, War, Act, Part, Union, Individuals, Reasons, Change, Taken, Continue, Required, Admitted, Provide, City, Constitution, Persons, County, Officers, Legislature, Territory, Number, Laws, States, Years, Time, Law, State, United
Petition for Woman's Suffrage to be Submitted as Separate Article [File No. 231]
Also tagged as: Submitted, Salt, Lake
Petition for Woman's Suffrage to be Submitted as Separate Article [File No. 233]
Also tagged as: Submitted
Mr. CHIDESTER. Mr. President, I understand that there is a letter accompanying that petition. Mr. VARIAN. As it appears now, Mr. President, a blank paper is presented by a gentleman stating that the blank represents the minds of his constituents. [Laughter.] It is either a contempt of the privileges of this house or it is in derogation of the rights of the people. In either case, it ought to be returned to the gentleman. Mr. LOW (Cache). Mr. President, the blank petition has been forwarded by
Also tagged as: Convention, People, Submitted, Regular, Place, Member, Person, House, Business, Number, Case, Secretary, Rights
The roll was then called on the adoption of the article with the following result: AYES_90. Allen Anderson Barnes Bowdle Boyer Brandley Button Buys Call Cannon Chidester Christiansen Clark Coray Corfman Crane Creer Cunningham Cushing Driver Eichnor Eldredge Emery Engberg Evans, Weber Evans, Utah Farr Francis Gibbs Green Hammond Hart Haynes Halliday Heybourne Hill Howard Hughes Hyde Ivins James Johnson Keith Kearns Kerr Kimball, Salt Lake Lambert Larsen, L. Lemmon Lewis Lowe, Peter Low
Also tagged as: Passed
and the roll being called on the question of its adoption the result was as follows: AYES_81. Allen Anderson Barnes Bowdle Brandley Button Buys Call Lewis Lowe, Wm. Lowe, Peter Low, Cache Lund Mackintosh Maloney Maughan Cannon Chidester Christiansen Clark Coray Corfman Crane Creer Cunningham Cushing Eichnor Eldredge Emery Engberg Evans, Utah Farr Francis Gibbs Green Hart Halliday Heybourne Howard Hyde Ivins James Jolley Keith Kearns Kerr Kimball, Salt Lake Larsen, L.
Also tagged as: Adoption, Lake, Made, Time, Proposed, Bill, Change, Grand, Salt, Legislative, First, Utah
Mr. JOLLEY. Mr. Chairman, I am one that favors the three dollars in the place of either two and a half or three and a half, and I want to say, gentlemen_you were saying it is worth four dollars to come here and perform the work in the Legislature. How much is it worth to tend the farm and run the plow and go in the canyon and do all of the other work that the majority of the people of Utah have to perform, and how much per day do you suppose they get out of the three hundred and sixty-five days
Also tagged as: Increase, City, Made, Tax, Constitution, Voting, Fifteen, Change, Proper, County, Perform, Officers, Make, Nothing, Municipal, Charter, Days, Legislature, Passed, Exceeding, Day, Providing, Counties, Proposition, Amount, Elections, Common, Therefor, Taxation, Election, Territory, People, Number, Compensation, School, States, Pay, Debt, Proposed, Least, Members, Territorial, Labor, Representatives, Years, Time, Salt, Exceed, Dollars, Vote, State, Taxes, Majority, Public, Utah, Keep, Special, Receive, Effect
Mr. THURMAN. Mr. Chairman, I trust this amendment will not be made. If the gentleman had ever had any experience in sitting in a legislature, he would find that sixty days is little enough. Besides, the Legislature is not compelled to sit for sixty days. They are not to exceed that. If they can transact the business and get through they will adjourn, if it is in forty-five days, or thirty or twenty-five. The fact is, when we speak of the first thirty days being thrown away, it would be so if we
Also tagged as: Made, Taken, Trust, Business, Make, Days, Legislature, Passed, Day, Necessary, Legislative, Territory, Congress, Laws, Years, Time, First, Exceed, Use, State, Utah, Duties, Right
Mr. VAN HORNE. Mr. Chairman, I call the attention of the gentleman to the fact that a bill might be returned by the governor toward the close of the session and that there might not be time to cure a defect, and for that reason it was thought best to leave that question to the Legislature, which might pass by their rule something of that sort and then suspend the rule, if necessary. Mr. GOODWIN. Mr. Chairman, as the amendment reads all bills would have to be read nine times_three times on three
Also tagged as: Time, Business, Times, Pass, Subject, Remain, Days, Legislature, Passed, Connected, Act, Public, Constitution, Necessary, Bill, Case
Mr. CANNON. I would like to ask the chairman of the committee if they considered this second clause, changing the name of persons. I believe it has been the habit in our Legislature, at different times, to change the name_legalize the names of different people, especially foreigners, who come here and had been using a name under a misapprehension. Mr. VAN HORNE. In answer to the question, I will say that while that was the practice in the Territory of Utah for a considerable time, the power to
Also tagged as: Act, Persons, Taken, Change, Government, Power, House, Nothing, Legislature, Passed, Day, Name, Elected, Times, Territory, People, Congress, Matters, States, Members, Second, Time, Law, Court, Dollars, United, Utah, Special
Mr. RICHARDS. Mr. Chairman, I move that section 4 be added to the legislative article. I desire to say, Mr. Chairman, to the gentlemen of the committee that this section does not in my opinion partake of a partisan character, and perhaps there may be gentlemen enough on this floor, who would be willing to support it. The object of this will be clear to gentlemen who will stop and consider it for a moment. It is to prevent people who are in power in any department of the State occupying public po
Also tagged as: Prevent, Contract, Officer, Amount, Places, Authority, Regular, Vote, Made, Legislative, Support, Proper, Times, Compensation, People, Department, City, Constitution, Taken, County, Power, States, Case, Law, Court, State, Public
Mr. VAN HORNE. Mr. Chairman, I agree with the gentleman that there is nothing particularly partisan in this provision that is proposed to be introduced here, I think, however, there are some things that are very objectionable in it. In the first place it is a limitation on the power of the Legislature that seems to me unnecessary and out of line with the proper construction of the Constitution. In the second, it does not provide any way in which an un-contracted service one that is done without
Also tagged as: Officer, Part, Pay, Made, Claims, Prevent, Duty, Perform, Make, Increase, Contract, Proposed, Paid, Lake, Amendments, Member, Elected, Authority, Exercise, Proposition, Indian, Appoint, Time, Support, Second, Provide, Proper, Purposes, Officers, Right, Constitution, Granting, Amount, Term, Provided, Person, Nothing, Created, City, States, Effect, Receive, Place, Third, Convention, Salt, Trust, Matters, Entitled, County, Power, Government, Legislature, Office, Compensation, Case, First, Law, Court, State, United, Public, Governor, Duties
Mr. GOODWIN. Mr. Chairman, I have an objection to this section. We are anticipating in advance that the Legislature of the future would be composed of rogues or idiots. We have been talking several years about the vassalage of the territorial rule and we are putting a provision for vassalage in the Constitution. There will be a code of criminal laws to punish dishonest contractors. We are discounting the good faith of the Legislatures in advance. Mr. PIERCE. Mr. Chairman, on the last propositio
Also tagged as: Contract, Authority, Part, Authorize, Officer, According, Proper, Made, Powers, Exercise, Power, Laws, Counties, Criminal, Entered, Several, Territorial, Legislative, Use, Amount, Proposition, Bill, Make, Pay, Convention, Judgment, City, Constitution, County, Officers, Legislature, Elected, Office, Years, First, Law, Court
Mr. ROBERTS. Of course, Mr. Chairman, I look for the fate which has be-fallen the amendments offered or rather sections offered by the minority, for the reason that it involves a question of difference in regard, to the policy of government, and as the majority on the floor of this house are not in favor of placing any limit upon the Legislature, in regard to the exercise of the taxing power, naturally they would be expected to vote against every proposition which would look to establishing such
Also tagged as: Subject, Made, Grant, Powers, Individuals, Tax, Constitution, Two-Thirds, Government, Power, Make, House, Qualified, Purpose, Authority, Days, Legislature, Proposition, Amount, Control, Necessary, Justice, Issue, Taxation, Private, Proceedings, Legislative, Purposes, People, Authorize, Support, Taxed, States, Consent, Members, Pay, Least, Convention, Case, Final, Existing, War, Court, Place, Amendments, Supreme, State, Exercise, Taxes, United, Majority, Public, Required, Vote, Right
Mr. ROBERTS. Now, Mr. Chairman, I trust the gentlemen have not forgotten the remarks of Chief Justice Miller, relative to the very great power of the government in the matter of taxing its people. It is a power that I grant you should be unlimited when it comes to be exercised in the preservation of the government. The amendment or section that I submit and ask to have made part of the legislative article does not undertake to limit the power of government when the question is as to the preserva
Also tagged as: People, Private, Debt, Dollars, Powers, Make, Bonds, Two-Thirds, Least, Made, Money, Part, Exercise, Legislative, Use, Equal, Grant, Establishment, Passed, Subject, Railroad, Case, Increase, Majority, Times, Companies, Cities, Purposes, Proposed, Act, Days, Washington, Authority, Nothing, Proposition, Individuals, Counties, Congress, Convention, Corporations, Several, Places, Created, Justice, Town, Governor, Territorial, Bill, Due, Prevent, Cases, Place, City, Tax, Constitution, County, Government, Power, Business, Purpose, Property, Legislature, Free, Taxation, Laws, States, Years, Time, Law, Courts, State, Public, United, Utah, Vote, Rights
The CHAIRMAN. The matter before the committee is the amendment offered by Mr. Roberts. Mr. MALONEY. Mr. Chairman, I had not expected to make any remarks whatever upon the important question now under discussion and I have never taken the time to prepare a single word, but as a native son of the old volunteer state of Tennessee, I am not going to sit by and allow my native state to be assaulted and its good name traduced by the gentlemen upon this floor, without resenting it and stating the trut
Also tagged as: Indebtedness, Made, Subject, Individuals, Grand, Constitution, Taken, County, Companies, Trust, Bonds, Government, Establishment, Power, Business, Nothing, Make, House, Purpose, Prevent, Votes, Legislature, Amount, Proposition, Day, Free, Issue, Elected, Schools, Corporation, Provided, Private, Declared, Territory, Pass, People, Congress, Matters, Laws, School, States, Members, Convention, Proposed, Pay, Second, Bill, Mines, Representatives, Money, Time, Salt, Law, Rate, Place, Rights, Dollars, Corporations, Part, State, Use, Public, Governor, Utah, United, Majority, Railroad, Vote, Right, Lake, Effect
Mr. HEYBOURNE. Mr. Chairman, I have just received a very polite note from a very dear friend, a member of this Convention, not to consume too much time. If he knew me as well as I do myself, he would not have made that request, for I do not think I ever made a speech that was as long as five minutes, but I have a few words to say on this matter. I am opposed to the gentleman's motion that is now pending before this body. While I have great respect and regard for my distinguished friends on the o
Also tagged as: Paid, City, Made, Subject, Individuals, Powers, Constitution, Taken, Two-Thirds, Fifteen, County, Trust, Government, Power, Make, Nothing, Business, Purpose, Capital, Property, Legislature, Passed, Incorporated, Amount, Providing, Necessary, Stock, Day, Proposition, Free, Issue, Taxation, Private, Provided, Times, Territory, Legislative, People, Purposes, System, States, Convention, Pay, Least, Debt, Bill, Labor, Money, Time, Salt, Law, Institutions, Years, Place, Personal, Town, Court, Dollars, Part, Corporations, State, Supreme, Use, Taxes, United, Public, Majority, Utah, Vote, Right, Lake
The committee of the whole then proceeded to the consideration of the article on executive. The CHAIRMAN. The chair is informed that we had progressed to the twelfth section of the article on executive and the question is on the adoption of the substitute offered by Mr. Eichnor. Mr. EICHNOR. Mr. Chairman, that is a substitute for section 12. The substitute I proposed gives the governor the power to pardon for misdemeanors, without the consent of the board of pardons; if a person is convicted o
Also tagged as: Provide, Following, Made, Subject, Grant, Act, Connected, Convicted, Several, Persons, Taken, Judgment, Judge, Member, Government, Attorney, Power, Determine, Make, Auditor, Constitute, Pardon, Prevent, Authority, Days, Legislature, Passed, Treason, Evidence, Trial, Day, Control, Amount, Secretary, Provided, Proceedings, Judges, Pass, Board, Executive, People, System, Places, Laws, States, Officer, Consent, Members, Cases, Jury, Case, Time, Salt, Law, First, Person, Court, Part, Supreme, State, Public, Governor, Criminal, Utah, Justices, Vote, Lake
Petition for Woman's Suffrage to be Submitted as Separate Article [File No. 263]
Also tagged as: County, Submitted
Petition for a Constitutional Equal Suffrage Clause [File No. 277]
Also tagged as: Equal
Article No. 9.3: Section 33: First Amendment
Also tagged as: Authorize, War, Made, Establishment, Connected, Legislative, Matters, Use, First, Purpose, Number, Legislature, State, United, States, Utah
Mr. EVANS (Weber). Mr. President, I was not in the committee of the whole the other day when that section was adopted and I want to make a remark or two upon it. I cannot conceive why it is that any gentleman would oppose that section. There is certainly nothing in it of a political nature to begin with. The principle formulated in the section is one which ought to prevail in every well regulated government. It does not mean to prohibit the State from making a proper contract with any individual
Also tagged as: Contract, Made, Pay, Make, Officer, Dollars, Change, Necessary, Money, Duty, Perform, Prevent, Authority, People, Paid, Receive, Nothing, Appropriation, According, Amount, Entered, Taken, Officers, Proper, Law, Part, Value, Purpose, Place, Labor, Act, Subject, Power, Militia, Courts, Property, Official, Sufficient, Judgment, Cities, Support, Absence, Fill, Proposed, Years, Authorize, Lake, Representatives, Judge, Proposition, Cases, Salt, Counties, Government, Increase, Department, City, Constitution, County, Business, Legislature, Office, Compensation, Case, Time, First, Court, State, Public, Duties, Right
Article No. 9.3: Section 35: Second Amendment
Also tagged as: Execution, Criminal, Claims, Make, Effect, Second, Following, Judgment, Amendments, Legislative, Money, Officers, Power, House, Legislature, Provided, Laws, States, Time, Law, State, Public
Mr. RICHARDS. I accept the amendment. Mr. VARIAN. The illustration made in relation to the militia, it seems to me does not apply, nor does it fairly illustrate the purpose and design of this section as I read it. The executive would only have the authority to call out the militia in a case authorized by law. Of necessity the law would authorize, either expressly or by implication as a necessary incident to the action of the militia under the authority of the executive acting by law, to make al
Also tagged as: Paid, Made, Authorized, Claims, Constitution, Judgment, Change, County, Perform, Power, Make, Nothing, Prevent, Purpose, Authority, Contract, Legislature, Proposition, Counties, Necessary, Provided, Executive, Authorize, Washington, Support, Compensation, Pay, Least, Proposed, Bill, Cases, Case, Labor, Money, Time, Salt, Law, Rate, Court, Person, Entered, Courts, Dollars, Part, Use, State, Execution, Required, Public, Militia, Duties, Right, Lake, Effect
Mr. EVANS (Weber). I do not think the president understands it. That is, respecting the article as a whole, or the Constitution as a whole. The PRESIDENT. This is not a vote on the adoption of the article, as a whole, because there is a section yet untouched. This is simply upon the question of the adoption of this section. Mr. VARIAN. That would apply to the inserting of a word or striking out of a letter. Mr. KIMBALL ( Weber). I would like to ask for a construction of that rule. The PRESID
Also tagged as: Made, Subject, Act, Constitution, Voting, Taken, Change, Proper, Third, Determine, House, Make, Become, Nothing, Business, Purpose, Votes, Adoption, Days, Passed, Proposition, Necessary, Secretary, Elected, Private, Times, Legislative, Pass, People, Reasons, Matters, Laws, Members, Convention, Least, Bill, Case, Final, Time, Salt, First, Rights, Part, Amendments, Corporations, State, Vote, Majority, Receive, Lake
Mr. CANNON. Mr. President, I would like to ask Mr. Evans a question? Mr. EVANS (Weber). I am perfectly willing. Mr. CANNON. I desire to ask Mr. Evans his interpretation of the latter part of rule 27. (Reads.) Mr. EVANS (Weber.) That is a majority constitutes a quorum for the transaction of business. The proposition referred to in rule 27, as I understand it, is the main proposition, like a bill pending in the Legislature. It does not mean amendments. Mr. CANNON. The words, “or other matter,”
Also tagged as: City, Made, Subject, Granted, Constitution, Change, Proper, Business, Make, Nothing, Constitute, House, Purpose, Prevent, Votes, According, Passed, Legislature, Receive, Proposition, Necessary, Secretary, Elected, Territory, People, Pass, Number, Matters, Members, Convention, Proposed, Least, Final, Time, Salt, Law, Place, Part, Real, Amendments, Majority, Utah, Age, Keep, Vote, Right, Lake, Effect
Article No. 9.3: Sections 6 and 7: Amendment
Also tagged as: Senator, Made, Age, Legislative, Years, Time, Term, Legislature, State, Case, Representative
Mr. CANNON, Mr. President, I have a petition here from H. Smith and forty-four others, asking that the question of woman's suffrage be submitted to the people in a separate article. I also had handed to me this morning a letter from Murray, in which the writer states that at a meeting in South Cottonwood the other day the question was submitted, that between three and four hundred persons were present, and that they were unanimously in favor of inserting it in the Constitution and not as a separ
Also tagged as: Declared, People, Purpose, Part, Submitted, State, Vote, Constitution, States, Day, Persons, Convention, Right
SPECIAL ORDERS. Mr. VARIAN. Are we now properly under the head of special order? The PRESIDENT. Yes, sir. The motion to reconsider is the motion properly before the house. Mr. VARIAN. Mr. President, as I desire to close the discussion, if there be one, I shall only make a preliminary statement. It was quite proper I thought on yesterday that a motion to reconsider should be made in order that every member of the Convention should have an opportunity to express his views upon this very importa
Also tagged as: Indebtedness, City, Made, Individuals, Tax, Act, Constitution, Voting, Taken, County, Proper, Special, Bonds, Member, Government, Power, Business, House, Make, Become, Municipal, Purpose, Prevent, Capital, Nothing, Property, Days, Union, Legislature, Day, Proposition, Necessary, Issue, Taxation, Corporation, Private, Qualification, Times, Election, Territory, People, Purposes, Washington, Matters, States, Debt, Convention, Least, Proposed, Pay, Members, Case, Money, Representatives, Years, Time, First, Law, Salt, Place, Town, Dollars, Part, Provisions, State, Corporations, Use, Public, Majority, United, Utah, Railroad, Keep, Vote, Right, Lake, Effect
Mr. VARIAN. Mr. President, were it not that this question has been much misrepresented and is, I apprehend, much misunderstood or apparently so, I would not undertake to consume the time of this Convention further in this discussion. It will be remembered, however, that while through the medium of the public press as well as by speakers upon this floor the proposition which I affirm here has been attacked, we have heard comparatively little in support of the proposition. It was hurried through t
Also tagged as: People, Railroad, Majority, Debt, Convention, Made, Pay, Money, Salt, Lake, Proposition, Dollars, Make, Private, Bonds, Subject, Valuation, Times, Necessary, Taken, Purpose, Corporations, Territory, Common, Support, Days, Part, Become, Determine, Places, Taxation, Exercise, Election, Members, Legislature, First, Capital, Mines, Constitution, Courts, Created, Union, Taxes, Justice, Trust, Cities, System, Second, Commissioners, Proposed, Corporation, Office, Duty, Stock, Indebtedness, City, Tax, County, Government, Power, Business, Property, Day, States, Years, Time, Law, State, United, Public, Vote, Right
Article No. 9.3: Section 8: Amendment
Also tagged as: Office, Person, Legislative, Following, Executive, Authority, Legislature, State, United, Public, States, Utah, Holding, Member, Trust, Government
Mr. VARIAN. Mr. Chairman, taking the propositions in their order, I will suggest, in speaking to the substitute offered by my friend from Utah County, that there is no reason why we should not leave it to the Legislature if we do not desire to change the system. If we desire to change the system, if the experience of other states and if the experience of this Territory within the last ten years has not been sufficient to convince the people of this Convention that the system should be changed, w
Also tagged as: System, Change, Made, Trial, Make, People, Convention, Executive, Attorney, Judge, Judges, Proposition, Pardon, Granted, Salt, Lake, Grant, Days, Exercise, Laws, Evidence, Members, Convicted, Part, Penalties, Subject, Criminal, Jurisdiction, Cases, Matters, Sufficient, Necessary, Second, Taken, Passed, Senate, Jury, Money, Connected, Duty, Proceedings, Constitute, First, Least, Several, Provide, Constitution, County, Power, Legislature, Territory, Board, Number, States, Case, Years, Time, Law, Court, Courts, Supreme, State, Governor, Utah, Justices
Mr. MALONEY. Mr. Chairman, I hope the motion will prevail to strike out sections 13, 14, 15. They are legislation pure and simple. If they work well, all right. If they do not work right we cannot get rid of them until the Constitution is amended or until we have a new Constitution. I say it is making it too cumbersome and it is a radical departure from the system already adopted, and therefore, I am opposed to it, and on the third reading I do not intend to vote for the article at all, or any p
Also tagged as: System, Convention, Place, Private, Make, Duty, Several, Judgment, Perform, Capital, Least, Part, Pay, Territory, Lake, Places, Keep, Receive, Cities, Vote, Purpose, School, Treasurer, Constitute, Legislature, Second, Change, Public, Members, Made, Third, Provided, Office, Territorial, Days, Monday, Therefor, Secretary, Official, Auditor, Member, Salt, Compensation, Matters, Money, Constitution, County, Officers, Government, Business, Day, Counties, Elected, Board, Number, States, Case, Institutions, Time, Law, State, Duties, Right
Mr. CREER. Mr. Chairman, I would like to refer to our constitution lexicon, Mr. Eichnor, and find out what the salaries are in the adjoining states_the adjoining states. Mr. HILL. Mr. Chairman, as our lexicon, I will answer the question. Thirteen states in the confines of the United States, their salaries do not exceed three thousand dollars. The salary in Maine is fifteen hundred dollars, Michigan, two thousand dollars, Delaware, two thousand dollars. Heretofore our governor of Utah has receiv
Also tagged as: Dollars, People, Fifteen, Amount, Pay, Washington, Part, Executive, Sufficient, Member, Proposition, Taxes, Make, Place, Become, Keep, Compensation, Submitted, School, Made, Necessary, Commissioners, Increase, Times, Regular, Fees, Exceed, Officers, Right, West, Case, Change, Existing, Passed, Convention, Constitution, Persons, Government, Business, Legislature, Elected, Provided, Office, Territory, Board, States, Time, First, Term, Vote, State, United, Governor, Utah, Duties
Mr. SQUIRES. Mr. Chairman, I just rise to a question of information. We have got down now to a thousand dollars for the state treasurer. If we adopt this proposition, I expect the next proposition will be to give the attorney general about five hundred dollars. Mr. THURMAN. That is plenty. Mr. SQUIRES. And then the superintendent of public instruction will serve like a country school teacher_serve for nothing and board around. Mr. KIESEL. Mr. Chairman, I would like to know about how much bond
Also tagged as: Dollars, Treasurer, People, Money, Pay, Proposition, Make, Required, System, Trust, Sufficient, Bonds, Private, Taxation, Duty, Law, Territorial, City, Officer, Made, Amount, Convention, Paid, Prevent, Member, School, Use, Consent, Provide, Least, Exceed, Part, Superintendent, Nothing, Appropriation, Inferior, Individuals, Cases, Instruction, Attorney, Continue, Salt, Issue, Power, Lake, Board, Become, Keep, Necessary, Purposes, Number, Increase, Fill, Fifteen, Constitution, Officers, Government, Business, Legislature, Office, Territory, Compensation, Duties, Years, Time, State, Public, Utah, Vote
Article No. 7.2: Section 22: Amendment
Also tagged as: Seal, Made, Official, Keep, Second, Executive, Office, State, Governor, Secretary
Article No. 7.2: Section 23: Amendment
Also tagged as: Governor, United, States, Commissioners
Article No. 7.2: Section 23: Amendment: Amendment
Also tagged as: Necessary, Commissioners, United, States
Mr. HOWARD. I withdraw that but still hold to the postmasters of the fourth class.
Petition on Woman's Suffrage [File No. 311]
Also tagged as: County
Petition on Equal Suffrage [File No. 318]
Also tagged as: Equal, Lake, Salt
The CHAIRMAN. Mr. Varian, will you explain to me what would become of the two amendments that are already offered? Mr. VARIAN. Well, I simply say this, I do not claim this motion to strike out a part need necessarily interfere with the other amendments to that, but I say that it ought to be submitted before the motion to strike out the entire section is submitted, for the reasons I have indicated. {1035} Mr. EVANS (Weber). Mr. Chairman, as I have repeatedly said, I do not pretend to be much o
The CHAIRMAN. The question is on the motion of Mr. Cannon. Mr. CANNON. Mr. Chairman, my reason for offering that is this, I am not opposed to a board of arbitration, but I cannot see any advantage that would be obtained now by the laboring man by having a provision in the Constitution to this effect. (Reads section.) For this reason it is very evident the provision does not go into effect until the Legislature acts. I am opposed to it for several reasons. One is that another board is provided f
Also tagged as: Provide, Following, Made, Act, Constitution, Several, Judge, County, Change, Perform, Lake, Entitled, Power, Business, Make, Become, Constitute, Capital, Purpose, Authority, Legislature, Sufficient, Proposition, Amount, Necessary, Day, Provided, Territory, Board, People, Reasons, Places, Laws, States, Proposed, Least, Case, Labor, Years, Time, Law, First, Salt, Duty, Courts, Part, Real, Appoint, State, Use, Vote, Utah, Providing, Right, Rights, Effect
Mr. STREVELL. Mr. Chairman, I hope the motion will not be carried to recommit this to the committee for several reasons. If this matter is referred to them, I do not know what they would do, but improve this. This is the idea of the committee, we knew that it would be cut and slashed here, we went there sure of that, but we were a committee to report our ideas. We have done that. If the committee sees fit to change it, very well. Mr. EVANS (Weber). Mr. Chairman, this matter which is now under c
Also tagged as: Provide, Subject, Made, Constitution, Several, Judgment, Judge, Government, Power, Make, Business, Qualified, Capital, Authority, Jurisdiction, Contract, Legislature, Sufficient, Proposition, Necessary, Control, Provided, Legislative, Board, Reasons, Washington, Matters, System, Compensation, Laws, States, Convention, Members, Least, Prescribed, Labor, Case, Time, Fill, Law, Courts, Provisions, Appoint, Vote, State, United, Governor, Utah, Duties, Right, Rights
The CHAIRMAN. The next is the substitute offered by Captain Ryan. Mr. RYAN. Mr. Chairman, I would like to say a word further in support of that amendment or substitute. I presume, and I think it is the desire of all the delegates in this Convention, if they do anything on this matter at all, to do something that will be practical; and there are abuses all over this Territory, and all over the mining regions, you might say, especially on the Pacific coast, where I have been, that should not be t
Also tagged as: Made, Mining, Judgment, Proper, Entitled, Government, Become, Nothing, House, Purpose, Legislature, Amount, Control, Necessary, Day, Common, Name, Territory, Pass, People, Board, Legislative, Number, Submitted, Matters, System, Places, Laws, Support, States, Convention, Pay, Labor, Mines, Money, Years, Institutions, Duty, Personal, Corporations, Provisions, Use, State, Age, Railroad
Motion to Rebuke: Mr. Squires for his words of castigation towards the chair
Also tagged as: Second, Time, Purpose
Mr. EVANS (Weber). Mr. Chairman, I want to say in support of the motion to strike out section 5 that it provides that the Legislature shall prohibit first, the employment of women or children under the age of fourteen years. Now, that is proper enough in a legislative enactment, but no abuses as I understand it have ever occurred in Utah with respect to matters of that kind. If it ever does occur in the future the Legislature will amply provide for it, and why put it in the Constitution? The nex
Also tagged as: Labor, Support, Made, Member, Proper, Contract, Rights, Several, Legislative, Union, Provisions, Make, Power, Laws, Purpose, Case, Pass, Common, Act, Office, Bill, Passed, Elected, People, Convention, Prevent, Part, First, Dollars, Hereafter, Public, War, Criminal, Nothing, Time, Proposition, Taxes, Taken, Trust, Taxed, Subject, Keep, Age, United, Place, City, Provide, Constitution, County, Legislature, Territory, Number, States, Years, Law, Courts, State, Utah, Right
Article No. 13.2: Section 5: Third Amendment
Also tagged as: Labor, Contract, Prevent, Authorize, Support, Second, Third, Part, Following, Criminal, Water, Power, First, State, Legislature, Public, Control, Right
Mr. EVANS (Weber). That is the same thing. Mr. MALONEY. Mr. Chairman, I would be in favor of something which would prevent corporations, after employes are discharged, from sending lists of them to other corporations, thereby pursuing these men and hunting them down. I would like to know where the justice is of any such proceedings in any corporation. I do not object to any corporation, if they cannot get along with their employes[*note*], simply discharging them, but I do protest that a corpor
Also tagged as: Provide, Made, Due, Connected, Several, Constitution, County, Companies, Trust, Attorney, Power, Business, Make, Nothing, Purpose, Prevent, Capital, Remain, Property, Jurisdiction, Legislature, Penalties, Receive, Proposition, Day, Amount, Justice, Corporation, Provided, Proceedings, Territory, People, Support, Laws, States, North, Convention, Members, Bill, Cases, Labor, Person, Time, Law, First, Place, Corporations, State, Exercise, Majority, Process, Railroad, Keep, Vote, Right, Rights
Article No. 13.2: Section 7: Amendment: Second Amendment
Also tagged as: Second
Mr. EVANS (Weber). Mr. Chairman, I am opposed to the motion of Mr. Varian to strike out the words indicated in section 4, and I desire to remind him of some statements which he has made with respect to other matters, on the question of taxing stock of foreign corporations. He stated there that the question of taxation was a question of sovereignty, that is, we must tax, he says, all property in sight for the support of the new State. He was asked respecting some stocks of certain value, whether
Also tagged as: Mining, Taxed, Pay, Value, Dollars, Claims, Mines, Taxes, Paid, Made, Salt, Proceeds, Place, Proposed, Law, Nothing, Lake, Purpose, Houses, Railroad, System, Amount, Support, Make, Case, Taken, Receive, Use, Necessary, Purposes, Number, Holding, Money, Prevent, Provide, Part, Proposition, Vote, Day, People, Convention, School, First, Effect, County, Reasons, House, Stock, Proper, Business, Tax, Constitution, Government, Property, Taxation, Territory, Lands, Right, Years, Time, Corporations, State, Utah
Mr. IVINS. I am coming to the gentleman a little later on. The idea, gentlemen, is that an unjust system of taxation is designed by this article. I have been in the committee, was a member of the committee where it was adopted and protested against it there, just as I protest against it here, and gave notice that I should fight it, and that is what I now propose to do. Now, then, this system of taxation of revenues is subject to just as many objections as the other system of taxation. That reven
Also tagged as: Provide, Increase, Paid, City, Made, Subject, Value, Tax, Act, Constitution, Taken, Fifteen, Two-Thirds, Change, County, Bonds, Trust, Companies, Power, Member, Government, House, Make, Business, Capital, Purpose, Prevent, Debts, Property, Legislature, Passed, According, Evidence, Amount, Providing, Control, Proposition, Day, Free, Justice, Name, Taxation, Provided, Territory, Pass, People, Purposes, Equal, Washington, System, Places, Taxed, Laws, States, Pay, Convention, Owned, Members, Case, Money, Years, Time, Law, First, Salt, Personal, Place, Rate, Dollars, Real, Part, State, Use, Taxes, Public, Utah, Keep, Vote, Right, Lake
Mr. CANNON. I would like to hear the gentleman's reasons for such a motion. Mr. SHARP. My reason for asking to have it stricken out is that I see no good reason for leaving it in, and I made this motion to bring out the reason for leaving it in. Mr. CANNON. Mr. Chairman, I would state that the committee had in view more particularly those two words than any of the rest of the section. Our previous sections provide that any property now in the Territory should be taxed, but this “or used” in th
Also tagged as: Pay, Railroad, Taxes, Amount, Companies, Taxed, Capital, Dollars, Made, Owned, Providing, Reasons, Money, Provide, Tax, Taken, Business, Property, Stock, Taxation, Corporation, Territory, Number, Corporations, State
Mr. ROBERTS. Mr. Chairman, I cannot support this amendment that is offered by the gentleman from Weber who just took his seat. I believe, sir, that his argument in support of it is based upon wrong premises also. I notice that in the article on revenue and taxation, I think that as the wealth of the Territory increases you provide for a reduction of the percentage of taxation, because the increase of property would yield a larger revenue, at a less percentage, and instead of thinking that we wan
Also tagged as: Increase, Debt, Dollars, Make, People, Support, Seat, Made, Amount, Rate, Washington, Proposition, Provisions, Taxes, Times, Providing, North, Several, Proposed, Special, Subject, Provide, Indebtedness, Constitution, Property, Taxation, Provided, Election, Territory, States, First, Vote, State, Public, Utah
Mr. IVINS. Has the gentleman made an estimate to know what the indebtedness might reach under this proposition? Mr. SPENCER. understand the assessed value of the property of the State to-day is about one hundred million dollars. Mr. EVANS (Weber). That would enable us to go in debt about two million dollars. Mr. SPENCER. That would be the extreme. Mr. IVINS. Does the gentleman think that we ought to authorize the creation of a two million dollar debt now? Mr. SPENCER. I do not, and I do not
Also tagged as: Dollars, Lake, Amount, Salt, Exceed, Debt, Made, Value, Rate, Authorized, Pardon, Authorize, Day, Purpose, Proposition, January, Purposes, Tax, Place, Effect, Personal, Contract, Created, Money, Therein, Debts, Provide, Indebtedness, City, Judge, House, Property, Taxation, Provided, School, Time, First, Law, State
Article No. 15.2: Section 1: Fourth Amendment
Also tagged as: Provide, Indebtedness, Following, Powers, Value, Property, Legislature, Exceeding, Taxation, Times, Territory, People, Debt, Territorial, Time, Rate, Exceed, Dollars, State, Exercise, Public, Utah, Providing, Right
Mr. EVANS (Weber). Mr. Chairman, all the charters that exist in the statutes to-day are called cities every one of them cities is a more appropriate word than municipal corporations. They were all designated as such. I am in favor of striking out. Mr. CANNON. Mr. Chairman, I do not think that it is consistent for us to vote against striking this out now, when we, this morning, voted to strike out the words, “municipal corporations.” I will say the committee had this in view. The objection that
Also tagged as: Cities, Third, Municipal, Corporations, Utah, Vote, County
Mr. KIESEL. No. Mr. EVANS (Weber). I admired his patriotism at the time he secured the act of Congress, but subsequent events have conclusively shown the wisdom of the President in that veto. I am in favor so far as I am concerned of putting this limit to three per cent. and not letting any city go beyond it. To-day, in Ogden, we have about reached that limit and we have warrants floating about in the community selling at a discount a very large discount, too, of about fifteen per cent., a cond
Also tagged as: Increase, Indebtedness, Paid, City, Made, Individuals, Tax, Act, Value, Constitution, Cities, Taken, Judgment, Fifteen, County, Power, Municipal, House, Make, Qualified, Adoption, Purpose, Authority, Debts, Property, Contract, Passed, Amount, Counties, Water, Secretary, Provided, Corporation, Territory, Purposes, People, Congress, System, Terms, School, Houses, Debt, Pay, Created, Least, Districts, Existing, Money, Time, District, First, Law, Salt, Place, Town, Valuation, Dollars, State, Required, Public, Governor, Utah, Vote, Right, Lake
Mr. HOWARD. Mr. Chairman, the gentleman's district is already bonded for the amount of about three per cent. and we have not got the facilities that his district has. It would need about twenty thousand dollars to supply buildings or to give sufficient room for the children. Mr. HART. Mr. Chairman, I am in favor of the five per cent. limit in the first instance; that is in line 6, which is the one that the gentleman moved to amend, as I understand it. Logan City has an indebtedness now altogeth
Also tagged as: Provide, Indebtedness, Paid, City, Made, Authorized, Tax, Value, Act, Constitution, Voting, Cities, Fifteen, Supply, County, Third, Bonds, Make, Municipal, Nothing, Property, Sufficient, Amount, Providing, Control, Proposition, Water, Schools, Taxation, Provided, Corporation, Territory, Purposes, People, Equal, Congress, Submitted, School, Debt, Convention, Existing, Money, District, Salt, First, Law, Rate, Town, Exceed, Valuation, Time, Dollars, Amendments, Courts, State, Vote, Special, Right, Lake
Mr. HART. Mr. Chairman, I would like to ask the gentleman where the qualifications are specified in this Constitution? The qualifications named in section 4 do not pertain to a State election. It refers solely to city, town, and county election, in voting upon the question of whether an indebtedness shall be created. Mr. THURMAN. It means the voters who maybe qualified by the Legislature. If I remember, our article on elections and suffrage or the bill of rights, it provides that a property qua
Also tagged as: Qualification, Made, Part, Construed, Elections, Use, Second, Created, Required, Voting, Special, Bill, Provide, Indebtedness, City, Tax, Constitution, County, Qualified, Property, Legislature, Election, Cases, Case, Time, Town, State, Utah, Rights
Petition for Equal Suffrage to be Placed in the Constitution [File No. 355]
Also tagged as: Equal, Constitution
Petition for Equal Suffrage to be Placed in the Constitution [File No. 361]
Also tagged as: Equal, Constitution
Mr. CORAY. Mr. President, I object to the consideration of that question. Mr. VARIAN. In my judgment, Mr. President, there is little if anything to be gained by a further consideration of this question. I am of the opinion that every member upon this floor has determined for himself at this time how he shall vote upon this question. In moving for a reconsideration, of course, as it is generally understood, I do so, for the purpose, in the event of the reconsideration being had, of presenting to
Also tagged as: Made, People, Convention, Effect, Member, Passed, Proposition, Become, Determine, Judgment, Part, Special, Connected, Entered, Law, Place, Admission, Legislative, Votes, Day, Granting, States, Taken, Make, Submitted, Nothing, Two-Thirds, Constitution, House, Purpose, Election, Territory, Time, First, Vote, State, United, Utah
The roll being called on the motion of Mr. Thurman, the result was as follows AYES_65. Allen Anderson Barnes Boyer Brand ley Buys Call Cannon Chidester Christiansen Coray Corfman Crane Creer Cunningham Driver Evans, Utah Farr Francis Hammond Hart Halliday Heybourne Howard Hughes Ivins Johnson Jolley Kerr Kimball, Salt Lake Lambert Larsen, L. Larsen, C. P. Lemmon Lowe, Wm. Lowe, Peter Low, Cache Maeser Maloney Maughan McFarland Morris Murdock,
Also tagged as: Grand, Lake, Vote, Change, Salt, Constitution, Utah, Taken
Mr. ROBERTS. Mr. President, it has not been my intention to re-open the debate on the general proposition involved this question. I think I can get through the course of two or three minutes with what I have to say. In the course of the discussion of this subject, those who were in favor of im-diately putting or providing for woman's suffrage in the Constitution, when some objection was made to that proposition, wanted to know what demand there was from the people contrary to that, where were th
Also tagged as: People, Votes, Proposition, Majority, Convention, Submitted, Subject, Voting, Proper, Make, Salt, San, Sufficient, Lake, Made, Cast, Reasons, Control, Purpose, Providing, Washington, Representatives, Public, Union, Rights, Granted, States, According, Keep, Judgment, Number, Support, City, Constitution, County, Territory, Time, Vote, Utah, Right
Mr. HOWARD. Mr. President, I wish to call attention to section 8. I do not believe it was the intention of the committee that drafted this article to give the governor absolute veto power, but I claim that this section gives him that right. Now, any important bill that might be passed by the Legislature in the closing days of the session might be referred to the governor, and then the Legislature adjourn. If the Legislature passes an appropriation bill and the governor objects to any portion of
Also tagged as: Bill, Make, Passed, Convention, Appropriation, Power, Time, Days, Legislature, Governor, Right
The roll being called, the result was as follows: Mr. EICHNOR. Mr. President, I vote aye, expressing my disapproval of section 12. Mr. MALONEY. I vote aye, but object to sections 12, 13, 14, and 15. Mr. HOWARD. I wish to vote aye, although I object to giving the governor the veto power. The PRESIDENT. The article on executive has been adopted, gentlemen, and under the rule goes to the committee on compilation.
Also tagged as: Power, Executive, Governor, Vote
Mr. RYAN. Mr. President, I hope this will not prevail, either the motion to strike out or the substitute. This Convention has taken the trouble to appoint a committee on labor and they have made a report. It passed the committee of the whole; it has been amended and now it is before the house and if it is not just what we want we will try and amend it as it goes along and without making any further remark, because it was well discussed the other day, I simply enter my protest now against the str
Also tagged as: Made, Subject, Constitution, Voting, Taken, Persons, Power, House, Make, Nothing, Capital, Prevent, Votes, Purpose, Legislature, Passed, Receive, Day, Proposition, Private, Territory, People, Board, Matters, Support, Laws, Convention, Pay, Second, Labor, Existing, Mines, Person, Time, First, Duty, Real, Part, Appoint, State, Public, Utah, Vote, Right, Effect
Mr. HOWARD. Mr. President, I am opposed to the amendment of the county being inserted in there. Mr. PRESTON. Mr. President, that motion is not in favor of laboring men, to give them eight hours' labor in a day, because they will only get eight hours' pay and they cannot live on eight hours' pay, or at least prosper on it, in this country. I have never been able to do it. I am a laboring man, with the best of laborers; I do not care where they come from or what country they come from, and I hav
Also tagged as: Paid, Made, Tax, Judge,