Bishop, Burns, ROWLAND, WEST, ETC. character of those resolutions. With a view of reaching a point where the motion I made a few moments ago will not be out of order, I move that the resolutions of the gentleman from Fairfield, [Mr. EWING], together with the pending substitute, be laid upon the table, so that we may take up the motion to reconsider made by the gentleman from Franklin [Mr. BABER] this morning. If the motion to reconsider shall be voted down, as I hope will be done, then the President may appoint the committee on rules, and that committee will be enabled, as speedily as possible, to prepare and report rules by which our proceedings will be governed. We can then act systematically and in order in taking up these various resolutions and other matters, and dispose of them with some degree of regularity and intelligence. As it is, it seems to me that the longer we act without rules, the more we are at sea in our business. I therefore move that the resolution and pending amendment be laid on the table. Mr. ROOT. I second that motion. Mr. VORIS. I wish to submit a proposition which I think the gentleman will see the propriety of. The resolution of the gentleman from Fairfield [Mr. EWING] and the substitute for it offered by the gentleman from Wood [Mr. CoоK], contain propositions which are of prime importance to the business in which we are engaged. It is also essential that this Convention should properly understand those resolutions, and in order to do so they should be before us in a form in which they can be readily examined. I wish the gentleman from Butler [Mr. CAMPBELL] would include in his motion that the resolutions be printed. Mr. CLARK, of Ross. I move that the Convention now adjourn. Mr. WEST. I hope not. Let us first dispose of the motion to reconsider now pending. Mr. BISHOP. I ask the gentleman to withdraw his motion to adjourn. I have a resolution here which I think it will not require two minutes to pass. Mr. CLARK, of Ross. Is it germane to the matter now under consideration? Mr. BISHOP. It is not. Mr. CLARK, of Ross. Then it is not in order. I must insist upon my resolution to adjourn, Mr. HOADLY. There should be some time named to which the Convention shall adjourn. There is no rule on the subject, and we do not wish, without knowing it, to adjourn this Con vention sine die. Mr. CLARK, of Ross. I will say nine o'clock to-morrow morning. The question was then taken on the motion to adjourn, but was not agreed to. The question recurred upon the motion to lay on the table. I Mr. POWELL. I rise to a point of order. for one am very anxious that the pending resolutions, instead of being laid on the table, shall be referred as moved by the gentleman from Cuyahoga [Mr. MUELLER.] Does not the motion to refer take precedence of the motion to lay on the table? The PRESIDENT. The motion to refer, owing to what was perhaps a mistake of the chair, was not submitted to the Convention, and even [WEDNESDAY if it had been, it does not take precedence of the motion to lay on the table. Mr. BABER and others called for the yeas and nays. The question was taken, and there were yeas 57, nays 42; as follows: YEAS-Messrs. Adair, Albright, Alexander, Andrews, Barnet, Beer, Bishop, Blose, Burns, Caldwell, Campbell, Clark of Jefferson, Clark of Ross, Coats, Cowen, Cunningham, Doan, Foran, Godfrey, Gurley, Hill, Hitchcock, Horton, Hostetter, Jackson, Kreamer, Layton, McBride, Miller, O'Connor, Okey, Page, Pease, Phellis, Reily, Rickly, Root, Russell of Meigs, Russell of Muskingum, Scofield, Scribner, Sears, Shaw, Smith of Highland, Smith of Shelby, Thompson, Tulloss, Tuttle, Tyler, Van Valkenberg, Van Vorhis, Voris, Watson, Weaver, White of Hocking, Wilson, and Young of Champaign-57. NAYS-Messrs Baber, Bannon, Bosworth, Byal, Carberry, Chapin, Clay, Cook, DeSteiguer, Dorsey, Ewing, Greene, Griswold, Hale, Herron, Hoadly, Humphreville, Hunt, Keck, Kerr, King, McCormick, Mueller, Mullen, Neal, Pond, Powell, Pratt, Rowland, Sample, Shultz, Townsend, Townsley, Tripp, Voorhis, Waddle, Wells, West, White of Brown, Woodbury, Young of Noble, and the President-42. So the motion to lay on the table was agreed to. DAILY PRAYERS FOR THE CONVENTION. Mr. BISHOP offered the following resolution: the ministers of the gospel of this city to make an arrangeResolved, That the President of the Convention invite ment among themselves by which one of their number will open the morning sessions of this Convention with prayer. Mr. BURNS. I expect to vote for that resolution, or one like it. But I wish to avoid a difficulty which occurred once many years ago among the ministers of the gospel. A resolution perhaps identical with this was adopted, and a portion of the ministers of the gospel got together and resolved among themselves that only orthodox ministers should pray, and the result was that quite a number of very respectable ministers of the gospel were left out. I should prefer that the President of this body should in some suitable way invite all the ministers of the gospel in this city, of good standing, to officiate idea I will vote for it. for us here. If this resolution embodies that The PRESIDENT. The chair so regards it. Mr. ROWLAND. Let me suggest to my colleague [Mr. BISHOP] that for the purpose of of religion" for "ministers of the gospel.' avoiding any difficulty he substitute "ministers If President of the Convention should see fit to ina Jewish rabbi should be in this city, and the vite him here I would like to have him do so. Mr. BISHOP. I have no objection to that. Mr. WEST. I would suggest that the ministers may have a controversy among themselves "clergymen," and then we will not have any as to what is religion. Let us use the word controversy about orthodoxy. Mr. ROWLAND. I am opposed' to that, because I do not think the term "clergyman" is applied to the bishops of the Catholic church, for instance, while the term "minister" may properly apply to a Catholic bishop, an Episcopalian bishop, or a Jewish rabbi. The resolu MAY 14, 1873.] Albright, Bishop, Rowland, Root, West, Hoadly, etc. tion of my colleague as modified will meet the case and raise no question. Mr. ALBRIGHT. I move the following as a substitute for the pending resolution: Resolved, That this Convention be opened daily with prayer, and that the President be requested to invite the ministers of the churches of Columbus to perform that service. Mr. BISHOP. I have no objection to that, though I can see no practical difference between it and the resolution I have offered. I will accept it, for I am perfectly willing to leave it to the chair. Mr. ROWLAND. I make the point that a synagogue is not a church, is not called a church, is not so in law, and is not so called in the dictionary. Mr. ROOT. I am very sorry the gentleman from Cincinnati [Mr. RoWLAND] objects to the word" clergyman." I think it has a very wide meaning. Unless I am mistaken, in olden times anybody who could write his name was of the clergy, and I take it nobody now-a-days pretends to preach any sort of gospel or religion who cannot write his name. Mr. WEST. I would ask the gentleman from Hamilton [Mr. ROWLAND] if under the old com Mr. YOUNG, of Champaign. I have been re mon law the term "benefit of the clergy" exclu-quested by Mr. YOUNG, of Noble, to ask leave of ded the Catholic or Episcopal clergymen ? Mr. ROWLAND. The word "clergyman" has a limited meaning. Mr. WEST. Who were the clergy whose benefit was denied to criminals? Mr. ROWLAND. In this country the word "minister" will cover all denominations. Mr. HOADLY. I move to amend by inserting the words "and synagogue" after the word "churches." Mr. VAN VALKENBERG. I move that the Convention now adjourn. The motion to adjourn was not agreed to. The amendment of Mr. HOADLY was then agreed to. The question was upon the resolution as amended. Mr. CLARK, of Jefferson. I offer the following substitute for the pending resolution, as amended: Resolved, That the President be requested to notify the ministers of this city (of all denominations) to open the daily sessions of this convention with prayer. absence for him for ten days, on account of the sickness of his wife. Leave was granted accordingly. HOURS OF MEETING. Mr. HUNT submitted the following resolution: Resolved, That when the Convention adjourn upon any day without other time named, it shall be until 10 o'clock a. m. of the following day; and when it takes a recess upo'clock p. m. of the same day. on any day, unless otherwise ordered, it shall be until 3 Mr. PHELLIS. I move to amend the resolution by striking out "10" and inserting "9" and by striking out "3" and inserting "2". Mr. COOK. This is not a matter of vital importance, and supper I think is. I move that the Convention now adjourn until to-morrow morning at 10 o'clock. Mr. WEST. A single remark. The PRESIDENT. The motion to adjourn is not debatable. Mr. WEST. I do not wish to debate it. But I wish to call the attention of gentlemen to the The substitute was agreed to; and the resolu- fact that the motion to reconsider the vote by tion as amended was then adopted. DRAWING OF SEATS. Mr. KECK submitted the following resolu tion: Resolved, That the members of the Convention, immediately after the reading of the minutes on Thursday, May 15th, proceed to select their seats by lot; provided that before any such selection the temporary President of the Convention, the member from Logan, and the delegates in the last Constitutional Convention be permitted to choose ther seats. Mr. LAYTON. My friend on my right here from Shelby [Mr. SMITH] is very deaf. During the sessions of yesterday and to-day I do not suppose he has heard one word in ten, perhaps not one in twenty, of what has been said in this hall. I move that he be included among those to be allowed the first choice of seats. The motion was agreed to. which the Convention adopted the resolution of the gentleman from Geauga [Mr. HITCHCOCK] is still undisposed of, and until that is done the chair, I presume, will feel a delicacy about appointing the committee on rules and order of business. That subject should be acted upon now one way or the other, before we adjourn. The motion to adjourn was not agreed to. The question recurred upon the resolution of Mr. HUNT, and the amendment pending thereto. Mr. O'CONNOR. I move that the resolution and pending amendment be laid upon the table. The motion was agreed to. COMMITTEE ON RULES. Mr. WEST. I now move that the motion of the gentleman from Franklin, [Mr. BABER], to recon Mr. SCOFIELD, I move also to include the sider the vote by which the Convention on yesname of Mr. WATSON of Huron. terday adopted the resolution of the gentleman GRISWOLD, Baber. from Geauga, [Mr. HITCHCOCK], providing for the appointment of a committee on rules and order of business, be taken from the table for consideration at this time. The motion was agreed to. The question was upon agreeing to the motion to reconsider. Mr. WEST. By voting down the motion we will dispose of the whole matter. Mr. BABER. I moved this reconsideration for the purpose of avoiding all these questions which have given rise to so much discussion here. I think the resolution we adopted on yesterday was misunderstood. Some gentlemen understood that it provided for a committee to report rules and order of business simply; others seem to think that the committee is to report the number of standing committees. Now if Mr. GRISWOLD. Everybody understands they are to report the standing committees, and that. But if we carry the motion to reconsider, I understand the chair so construes the resoluthen we can make a slight amendment to the tion, I think the number of the committee resolution, and that will also dispose of the should be increased from thirteen to twenty, whole subject. The resolution provides simply one from each Congressional District, and the for the appointment of a committee of thirteen resolution should distinctly state what the duto report rules and order of business. There is ties of the committee should be. I hope, therea misunderstanding as to how far that goes; fore, the motion to reconsider will prevail, and nobody seems to know. Now by adopting the that the substitute I read this morning will be suggestion of the gentleman from Franklin [Mr. adopted. That, it appears to me, will dispose BABER] to increase the number of the committee of a great many of these questions which now to twenty and to direct it to designate the num-give rise to so much discussion. ber of standing committees, we will accomplish all that is needed, the committee can be announced in the morning, and the whole business will thus be satisfactorily disposed of. There will then be no need of discussing all these res-ing. olutions about standing committees. It seems The motion was agreed to, and accordingly to me that the sense of the Convention is well (at 6 o'clock and 50 minutes, p. m.) the Convenascertained upon the subject. I hope the motion tion adjourned. to reconsider will prevail. The question was taken on the motion to reconsider, and it was not agreed to. Mr. HOADLY. I move that the Convention now adjourn until 10 o'clock to-morrow morn REV. S. A. KEANE, HOADLY, Root. THIRD DAY. The Convention met at ten a. m.; the PRESIDENT in the chair. Prayer was offered by Rev. S. A. Keane, of the Wesley Chapel, Columbus, as follows: Almighty God, Thou art the sovereign of the universe; Thou art the governor of the worlds. We recognize Thee this morning as the one that has founded nationalities, as the one that has instituted the governments of earth, and as God, high over all. We come to invoke thy blessing upon us in this capacity this morning. We pray Thee, our Heavenly Father, that Thou wilt preside over the deliberations of this body, this State Constitutional Convention. Grant that its deliberations may be in thy fear, and its enactments in the spirit of thy law. We feel that there is imposed upon this body of men a vast responsibility. Thou hast called, and the people have called them to an onerous duty; we know, our Heavenly Father, that they are called to do work that shall be monumental. The peace and prosperity of this great commonwealth of Ohio are now committed to them. Grant that they may have the wisdom and the integrity to discharge well these duties entrusted to their care. And we beseech Thee that when their deliberations shall have terminated, they shall meet the approbation of the people here represented, and be such as to conduce to the prosperity, the satisfaction and the peace of the entire State. We ask Thee to be with them personally in their relations to this work. Grant that whatever strain may come to their integrity; whatever temptation, to incline them from the form of uprightness, they may still hold steadily to the great truths Thou hast inculcated, and the great principles Thou hast ordained, by which men in society shall be made the most happy, and the best interests of the people conserved. The PRESIDENT. By order of the Convention, the first business in order this morning is the drawing of seats by members. MR. HOADLY. in connection with that subject I offer the following resolution : Resolved, That the friends or colleagues of any absent member may select his seat for him. be adopted. If gentlemen have business so pressMr. ROOT. I hope that resolution will not ing as to compel them to ask leave of absence from this Convention, I think they can well afford to dispense with the first choice of seats. I have heard no one apply for leave of absence Oh! we pray Thee dwell with them; impart to on account of ill health. I understand the genthem wisdom and understanding. We ask Thee of absence on account of the sickness of his tleman from Noble, [Mr. YOUNG,] asked leave to bless their homes and their friends in their wife. If we are to have this selection, let us absence; may all their temporal interests be have a fair one. If those who are absent are to cared for and protected. And grant that during have seats selected let some friend of each absent all their stay in this capacity, and this relation-member who has no colleague, act for him, if he is ship, they may realize that they have had a fortunate enough to have any friends. I do not pleasant season of deliberation together, and believe it is right at all to make any such selecsuch as shall be profitable. We pray Thee to continue in every session of their attention to the business of the Convention, tion for absentees. If members cannot give the Convention; and whatever may be presented to its consideration, may it be disposed of in then let them give up their first choice of seats. such manner as shall be creditable to the char-[Mr. Roor] mistakes the resolution which I ofThe gentleman from Erie acter and the social standing of this common-fered. It says explicitly "the friends or colwealth of Ohio. Hear us this morning, guide leagues." Now Mr. JOHNSON, of Hamilton, has us and protect us by thy grace and providence, not yet been sworn in as a member of the Conand finally gather us in eternal life, for Jesus' vention. He has been detained at home by sesake. Amen. rious illness; he is not here because he is person Mr. HOADLY. The journal of yesterday was read, correct-ally too unwell to come. I desire, on his behalf, ed and approved. that he, an absent sick member of th s Conven MUELLER, ALEXANDER, ROOT, BABER. tion, shall not be deprived of an opportunity of obtaining an eligible seat. The gentleman from Noble [Mr. YOUNG,] has been called home by the sickness of his wife. Mr. FRIEBERG, of Hamilton, has been called home to attend the joyous festivities of a wedding in his family. I do not think that we should punish him by forcing him to the outer circle because he has been so fortunate as to draw a prize in that lottery. Mr. COOK. I ask that the resolution of the Convention under which the seats are to be drawn, shall be read. The resolution was read as follows: Resolved, That the members of the Convention immediately after reading the minutes on Thursday, May 15th, proceed to select their seats by lot; provided that, before any such selection, the temporary President of the Convention [Mr. PowELL] Mr. WEST, Mr. BISHOP, Mr. WatSON, Mr. CHAPIN, Mr. MITCHENER, Mr. SMITH of Shelby, and the delegates in the last Constitutional Convention, be permitted to choose their seats; and provided further that before commencing the drawing all members except those hereby exempted retire without the bar of the hail. Mr. KING. I ask that Lieutenant Governor MUELLER be permitted to retain the seat he now occupies, on account of the peculiarity of his vision. The motion was agreed to. The members who had been permitted to select their seats, then proceeded to do so, after which the sergeant-at-arms drew the names of all the remaining members, who proceeded to select their seats. The drawing was made in the following order: [THURSDAY, I apprehend that it is necessary to have printing done immediately for this Convention, and that the work of the Convention would be retarded for want thereof; I therefore take this occasion to introduce this resolution. Mr. ROOT. It seems to me that as the Committee on Rules have been authorized to sit during the sessions of the Convention, they may report upon this subject this afternoon; though I do not think it is right to promise that either to-day, or to-morrow morning they will make a full report providing for the business of the Convention. I think it would rather expedite action to refer this resolution about printing to the Committee on Rules. the Committee on Rules. I am convinced that there will be a partial report made by that committee soon; of course I cannot tell what it will be. But I move to refer this resolution to the Committee on Rules. troducing the resolution at this time, was this: Mr. ALEXANDER. The object I had in inwe have now upon the table several important resolutions, among others, some relating to the judiciary of the State. Those resolutions should be printed, and I apprehend they cannot be printed any too soon for the information of the members of the Convention. This resolution is temporary in its nature. Should it be entirely superseded by the report of the Committee on Rules and Order of Business, it will have served its purpose. It occurs to me that the resolutions now upon the table, cannot too soon be placed upon the desks of the members in a printed Messrs. Young of Noble, Alexander, Reily, Convention to have a Committee on Printing apform; and that it will advance the work of this Tripp, Horton, Coats, Okey, McCormick, Hunt, pointed immediately, so that they may take the Page, O'Connor, Rowland, Russell of Meigs, necessary steps to secure the printing which is Phellis, Griswold, Scribner, Townsend, De needed. I offer the resolution now, in order Steiguer, Russell of Muskingum, Byal, Hill, that it may go into operation to-day, and by this Voorhis, Hostetter, McBride, Bosworth, Hitch-afternoon those resolutions may be placed upon cock, Woodbury, Van Voorhis, Tuttle, Weaver, the desks of members, it may then have served Caldwell, Baber, King, Young of Champaign, its entire purpose. Miller, Freiberg, Scofield, Pratt, Merrill, Cowen, Burns, Hoadly, Cunningham, Tyler, Root, Clay, Shaw, White of Hocking, Godfrey, Waddle, Van Valkenberg, Adair, Tulloss, Wilson, Jackson, Foran, Campbell, Neal, Voris, Blose, Townsley, White of Brown, Bannon, Mullen, Wells, Rickly, Sears, Thompson, Clark of Jefferson, Keck, Beer, Gardner, Cook, Sample, Shultz, Philips, Clark of Ross, Doan, Layton, Hale, Johnson, Kreamer, Herron, Carberry, Albright, Kerr, Ewing, Pond, Pease and Gurley. RULES OF ORDER. business at all to adopt this resolution. If you Mr. ROÔT." I do not think it will expedite have a committee appointed now, it will only start some printing, but it will not be ready even by to-morrow morning; you will only have something started not finished. Of course the Committee on Rules will report very soon, and I do not think it will expedite business at all to appoint this committee. Let us leave this whole matter in the hands of the Committee on Rules and Order of Business, and not let one part be taken up by one committee and laid down again almost immediately. I agree with the gentleman that we should set about this thing soon, but why have one committee for a few hours only? It will only lead to confusion. Mr. BABER. If gentlemen will examine the appropriation bill, they will find the law stated upon this subject which I suppose will govern us. There is a specific appropriation in bers and officers of this Convention. I suppose that bill of some $60,000 for the pay of memthat will probably include reporters, if we have them. In reference to printing there is a special appropriation of $6,000, and the printing must be let out to the lowest bidder. Now I do not see what would be gained by adopting the resolution of the gentleman from Van Wert, [Mr. ALEXANDER] because, under the law, this committee would have to make a contract with |