curring in the report of the committee on
revision in relation to the article on the elec-
tive franchise,
Mr. CHAMBERS. I will state in a few words
what has occasioned all the difficulty. I ob-
jected to the course being pursued as being
contrary to what the rules of the body re-
quired. A committee on revision has been
appointed. An article adopted by this body
has been referred to that committee for revi-
sion. They have made various changes in
the language of that article, and, except in
one instance, without the slightest objection
on the part of any individual, so far as I
know. But in one instance they have under-
taken to erase a word which by a positive
vote this house refused to have erased. I
voted with those of this house who voted
that the word should be erased, in order to
carry out the sense which was intended to
be given to the section. The committee,
under the name of revising, have undertaken
to go contrary to that vote of the house,
and to strike out what the house voted
to retain, which, I think, is wrong. I have
no material objection, however, to that
verbal alteration.
The committee, however, have gone fur-
ther. They have made a specific amend-
ment, a substantial amendment to one of the
sections. Now I say that the fifteenth rule
directs how to dispose of the report of a com-
mittee, if this is to be regarded as a valid
report. I say this committee on revision
have no business to suggest new matter,
But if this house adopt the idea that the
committee have acted within the range of
their authority, and this is a report of a
committee of this house, then upon that sub-
ject the fifteenth rule is just as precise as
language can make it. That is my idea;
that there is no mode consistently with our
rules by which any provision can be inserted
in the constitution in the manner now sug-
gested.
The PRESIDENT. The chair has no diffi-
culty in regard to this question. The work
of this convention has in effect been accom-
plished, and all the provisions of the stand-
ing rules have been complied with, by the
reports of the committees having been made
in regular form, read the first, second and
third times, and finally passed by yeas and
nays. The work contemplated by the stand-
ing rules of the house has, therefore, been
completed.
For the purpose of ascertaining that the
constitution is complete in all its parts, the
convention has appointed an additional com-
mittee, called the committee on revision, for
the purpose not only of revising any verbal
or other errors which may have occurred, but
also for the purpose of suggesting for the
consideration of this house any matter which
the committee may deem important and ne-
cessary to perfect any article or section in |
that constitution. That the chair regards as
coming strictly within the purview of the
committee. If the suggestions made by this
committee meet with the sanction of this
house, they will stand; if not, they will be of
no avail. This whole subject depends upon
the will of the majority. The convention has
the right to reject or adopt any suggestion of
the committee, whether the particular subject
baa been acted upon by this convention or
not. In other words, the work of this con-
vention resolves itself into the will of the
majority.
Mr. BELT. Allow me to state a point to
the chair, in order that I may understand
this matter more clearly. I suppose nothing
has given more trouble or anxiety to this
convention than our judicial system. We
have decided in favor of an elective judiciary.
Suppose that the committee on revision should
undertake to strike out all that establishes
the elective principle, and to insert the ap-
pointive principle. Would that come within
the proper scope of the committee on revi-
sion?
The PRESIDENT. The chair has no doubt
upon this question. The committee on revi-
sion has the entire control of the constitu-
tion, and can make any suggestions it pleases
in regard to it. It can suggest to this con-
vention to strike out this or that paragraph
or section; but that does not strike it out.
It is still left to the judgment of this body
whether it shall bo stricken out or retained.
The whole matter resolves itself into the judg-
ment of the house. If the house determine to
make any change, they can do so They can
do so in concurrence with the action of the
committee, or contrary to the action of the
committee. Of course there is a limit to the
proper prudence to be exercised by a com-
mittee of this character. It is not to be sup-
posed that the committee, in direct violation
of the judgment of the house, would strike
out any important provision or principle.
But in the hurry of business the convention
may overlook some important provision,
which may be brought to the attention of
the committee on revision, who may bring it
to the consideration of the convention in the
shape of a report. When they do that their
work is complete. They can suggest the
striking out of a provision, or the insertion
of an additional provision; but no provision
is stricken out or inserted except by the de-
liberate judgment and action of the house.
In other words, this is a short mode of en-
abling the convention to perfect its labors,
relieving them of the necessity of going
through all the formalities required by the
standing rules.
Mr. CHAMBERS. Can you by this process
avoid or evade a rule which requires that no
section or paragraph shall be incorporated
into the constitution except in accordance
with a certain course of action ? |
