« AnteriorContinuar »
RULES OF THE CONVENTION.
KULE I. The President shall take the chair at the time | peal, no member shall speak more than once, without to which the Convention stands adjourned, and the Con- leave of the Convention; and when a member is called to ven'ion shall then be called to order and the roll of the order for oifensive language, there shall be no debate. members called.
RULE 20. In forming a committee of the whole, che Pre. RULE 2. Upon the appearance of a quorum, the journai sidlent shall appoint a chairman to preside. of the preceding day shall be corrected, and when de. RULE 21. Propositions committed to a committee of the manded by a majority, shall be read by the Secretary. whole, shall first be read through by the Secretary, and
RULE 3. The President shall preserve order and deco. I then read and debated by clauses. All amendments shall rum, and shall decide questions of order, subject to an be entered on a separate piece of paper, and so reported to appeal to the Convention.
the Convention by the chairman, standing in his place. RULE 4. The President shall vote on all questions taken RULE 22. All questions, whether in committee or in the by yeas and nays, (excepton appeals from his own deci. Convention, shall be put in the order they were moved, sions.)
except in the case of privileged questions, and in filling Rule 5. When the Convention adjourns, the members up blanks, the largest sum and the longest timo shall be shall keep their seats until the President announces the first put. adjourninent.
RULE 23. No motion for reconsideration shall be in orRULE 6. Every member, previous to his speaking, shall der, unless within three days after the decision proposed rise from his seat and address himself to the President. to be reconsidered took plače. A motion for reconsidera
RULE 7. When two or more members rise at once, the tion being put and lost, (except in case of privileged mo. President shall designate the member who is first to tions,) shall not be renewed on the same day. speak.
RULE 24. Any member having voted with the majority, RULE 8. No member shall speak more than twice on may be at liberty to move for a reconsideration; and a mo. the same question, nor more than one hour at any one tion for reconsideration shall be decided by a majority of time without leave of the Convention, nor more than once until every member who chooses to speak shall have RULE 25. The rules of the Convention shall be observed spoken.
in committee of the whole, so far as they may be apRULE 9. Every motion shall be reduced to writing, if plicable, except that the yeas and nays shall not be called, required by the President or any member, and shall be the previous question enforced, nor ihe time of speaking stated by the President before debate.
limited. RULE 10. After a motion shall be stated by the Presi- RUIE 26 A motion that the committee rise shall always dent, it shall be deemed to be in possession of the Con. be in order, and shall be decided without debate. vention; but may be withdrawn at any time before deci- RULE 27. In all cases where an order, resolution or mo. sion or amendment; but another member may renew the tion shall be entered on the journals of the Convention,
the name of the member moving the same shall be entered Rule 11. When a question is under debate, no motion
on the journals. shall be received but to adjourn, for the previous question, RULE 28. On the meeting of the Convention, after corto lay on the table, to postpone indefinitely, to postpone to recting the journal of the preceding day, the order of bu. a day certain, to commit or to amend; which several mo- siness shall be as follows: Ist, presentation of petitions; tions shall have precedence in the order in which they | 2d, reports of standing committees----l'eports of select comstand arranged. Rule 12. A motion to adjourn shall always be in order; resolutions; 5th, unfinished business of the preceding day;
mittees; 3d, motions, resolutions and notices; 4th, reading that and the motion to lay on the tabie shall be decided 6th, special orders of the day; 7th, general orders of the without debate.
day. RULE 13. The previous question shall be in this form: RULE 29. When the Convention have arrived at the gen. "Shall the main question be now put?" And if demand- eral orders of the day, they shall go into committee of the ed by a majority of the members present, its effect shall whole upon such orders, or a particular order designated be to put an end to all debate, and bring the Convention by a vote of the Convention; and no other business shall to a direct vote upon ameniments, if any are pending, and be in order until the whole are considered or passed, or then upon the main question.
the committee rise; and unless a particular subject is or. Rule 14. All incidental questions of order, arising after dered up, the committee
of the whole shall consider, act a motion is made for the previous question, during the upon, ni pass the general orders, according to the order of pendancy of such motion, or after the Convention shall their relerence. have determined that the main question shall now be put, RULE 30. No rule of the Convention shall be suspended, shall be decided, whether on appeal or otherwise, without altered or amended, without the concurrence of two-thirds debate.
of the members present. Rule 15. Petitions, memorials and other papers ad- RULE 31. Upon the call of the Convention, the names dressell to the Convention, shall be presented by the Pres- of the members shall be called by the Secretary, and the ident, or a member in his place.
absentees noted; but no excuse shall be made until the RULE 16. Every member who shall be present when a Convention shall be fully called over; then the absentees question is last stated from the Chair, and no other, shall shall be called over the second time, and if still absent, exvote for or against the same, unless the Convention shall cuses are to be heard; and if no excuse, or insufficient exexcuse him, in which case he shall not yote.
cuse be made, the absentees may, by order of those prcs. RULE 17. 'When the President is putting the question, cn, if there are fisten members present, be taken into cus- . no member shall walk out or across the house; nor when tody, wherever to be found, by the Sergeant-at-Arms. a member is speaking shall any person entertain any pri- RULE 32. The President may leave the chair and apvate discourse, or pass between him and the Chair. point a member to preside, but not for a longer time than
RULE 18. If the question in debate contains several one day, except by leave of the Convention. points, any member may have the same divided.
RULE 33. The rules of parliamentary practice compri. RULE 13 A member called to order shall immediately sed in Jefferson's Manual, shall govern the Convention in set down, unless permitted to explain; and the Convention, I all eases to which they are applicable, and in which they if appealed to, shall decide the case; if there he no appeal are not inconsistent with the standing rules and orders of the decision of the Chair shall be submitted to,
On an ap. this Convention,
RULE 34. The ayes and noes may be called for by ten reading shall be on a day subsequent to that in which it has members.
passed a committee of the whole, unless the Convention, RULE 35. A majority of the members elected shall con- by a vote of two-thirds of the members present, shall die stitute a quorum for the transaction of business; but a rect otherwise. less number may adjourn.
RULE 38. No article shall be committed or amended un. RULE 36. A journal of the proceedings in committee of less it has been twice read. the whole shall be kept.
R ULE 37. Every article shall receive three several read. RULE 39. Every article, when read a third time and in ge previous to its being passed; and the second and passad, shall be referred to the committee on arrangement third readings shall be on different days; and the third and phraseology.
CONSTITUTION OF MICHIGAN, 1835.
In Convention, begun at the city of De-port, against his will, any place of relitroit, on the second Monday of May, in gious worship, or pay any tithes, taxes, or the year one thousand eight hundred and other rates, for the support of any minister thirty-fiye:
of the gospel or teacher of religion. We, the people of the Territory of Mi- 5. Ne money shall be drawn from the chigan, as established by the act of Cen- treasury for the benefit of religious sociegress of the eleventh day of January, in ties, or theological or religious seminaries. the year one thousand eight hundred and 6. The civil and religious rights, privilefive, in conformity to the fifth article of the ges, and capacities of no individual shall ordinance providing for the government of be diminished or enlarged on account of the territory of the United States north his opinions or belief concerning matters west of the river Ohio, believing that the of religion time has arrived when our present political
7. Every person may freely speak, write, condition ought to cease, and the right off and publish bis sentiments on all subjects, self-government be asserted; and availing being responsible for the abuse of that ourselves of that provision of the aforesaid right; and no law shall be passed to reordinance of the Congress of the United strain or abridge the liberty of speech or States, of the thirteenth day of July, one of the press. In all prosecutions or indictthousand seven hundred and eighty-seven, ments for libels, the truth may be given in and the acts of Congress passed in accord- evidence to the jury; and if it shall appear, ance therewith, which entitle us to admis- to the jury that the matter charged as lision into the Union, upon a condition which bellous iš true, and was published with. has been fulfilled, do, by our delegates in good motives and for justifiable ends, the Convention assembled, mutually agree to party shall be acquitted; and the jury form ourselves into a free and independent shall have the right to determine the law State, by the style and title of “ The State and the fact. of Michigan," and do ordain and establish the following constitution for the govern- sessions of every individual shall be se
8. The person, houses, papers and posment of the same:
cure from unreasonable searches and seizARTICLE I.
ures; and no warrant to search any place, 1.. All political power is inherent in the or to seize any person or things, shall issue
without describing them, nor without prob. people. 2. Government is instituted for the pro
able cause, supported by cath or affirma
tion. tection, security, and benefit of the people; and they have the right at all times to alter 9. The right of trial by jury shall reor reform the same, and to abolish one
main in violate. form of government and establish another, 10. In all criminal prosecutions, the acwhenever the public good requires it. cused shall have the right to a speedy and
3. No man or set of men are entitled to public trial by an impartial jury of the viexclusive or separate privileges.
cinage; to be confronted with the witness4. Every person has a right to worship es against him; to have compulsory proAlmighty God according to the dictates of cess for obtaining witnesses in his favor; his own conscience; and no person can of to have the assistance of counsel for his right be compelled to attend, erect, or sup- defence; and in all civil cases, in which
personal liberty may be involved, the trial by jury shall not be refused.
ARTICLE II. 11. No person shall be held to answer for a criminal offence, unless on the presentment or indictment of a grand jury, izen above the age of twenty-one years,
1. In all elections; every white male cita except in cases of impeachment, or in cases cognizable by justices of the peace, or
having resided in the State six months arising in the army or omilitia when in ac- titled to vote at such election; and every
next preceding any election, shall be entual service in time of war or public dan
white male inhabitant of the age aforesaid, ger. 12. No person, for the same oifence, time of the signing of this constitution,
who may be a resident of this State at the shall be twice put in jeopardy of punish- shall have the right of voting as aforesaid; ment. All persons shall, before convictiori, be bailable by sufficient sureties, ex- entitled to vote except in the district, coun
but no such citizen or inhabitant shall be cept for capital offences, when the proof is evident or the presumptioa great; and the ty or township in which he shall actually privilege of the writ of habeas corpus shall reside at the time of such election.
2. All votes shall be given by ballot, not be suspended, unless when, in case of rebellion or invasion, the public safety may by law, be directed to be otherwise cho
except for such township officers as may, require it. 13. Every person has a right to bear
3. Elector's shall, in all cases, except arms for the defence of himself and the State.
treason, felony, or breach of the
be 14. The military shall, in all cases and privileged from arrest during their attendat all times, be in strict subordination to
ance at elections; and in going to and rethe civil power.
turning from the same. 15. No soldier shall , in time of peace, litia duty on the days of election, except in
4. Ño elector shall be obliged to do mibe quartered in any house without the con- time of war or public danger. sent of the owner, nor in time of war, but in a manner prescribed by law.
5. No person shall be deemed to have
lost his residence in this State, by reason 16. Treason against the State shall consist only in levying war against it, or in ad- of his absence on business of the United
States or of this State. hering to its enemies, giving them aid and
6. No soldier, seaman or marine, in the comfort. No person shall be convicted of treason unless on the testimony of two army or navy of the United States, slrall
be deemed a resident of this State, in conwitnesses to the same overt act, or on confession in open court.
sequence of being stationed in any milita17. No bill of attainder, ex-post-facio ry or naval place within the same. law, or law impairing the obligation of con
ARTICLE III. tracts, shall be passed.
18. Excessive bail shall not be required; excessive fines shall not be imposed; and
1. The powers of the government shall cruel and unjust punishment shall not be be divided into three distinct departments:
the legislative, the executive and the judiinflicted.
cial; and one department shall never exer19. The property of no person shall be cise the powers of another, except in such taken for public use, without just compen- cases as are expressly provided for in this sation therefor.
constitution. 20. The people shall have the right freely to assemble together, to consult
. eommon good, to instruct their Representatives, and to petition the Legislature for
1. The legislative power shall be vested redress of grievances.
in a Senate and House of Representatives. 21. All acts of the Legislature, contrary 2. The number of the members of the to this or any other article of this consti- House of Representatives shall never be tution, shall be void.
less than forty-eight, nor more than one
DIVISION OF THE POWERS OF GOVERNMENT.