to, localizing the elections of its members.1 Those who advocate this freedom of election might, perhaps, with some plausibility claim, that, inasmuch as the function of a Convention is to recommend, not to enact, constitutional changes, free scope should be allowed to the electors to employ the best talent they can find, wholly without restriction; and that what reason thus indicates to be expedient, the fact that most of our laws and Constitutions are wholly silent as to who may, and who may not be members of Conventions, demonstrates with sufficient clearness to be according to the intent of those who framed them.

§ 270. 2. In relation to the question of subdividing Conventions into two chambers, with a check upon each other, after the plan of our legislative Assemblies, it is not my purpose to enlarge. So long as those bodies confine themselves to their legitimate function, of advisers, and abstain from acts of legis lation, which belong to another department, the legislature, their present constitution, in a single chamber, is without danger, and, having the merit of simplicity, is doubtless preferable to any other. Such has uniformly been the constitution exhibited by them thus far. The idea, however, has been advanced, that a Convention of two houses would better answer its constitutional purpose than of one. In the New York Convention of 1846, Mr. Ruggles introduced a resolution recommending, that all future Conventions called in that State should consist of two chambers. It was received with little favor, however, and was not pressed. In 1857, the Convention of Minnesota realized as a fact the constitution which had only been elsewhere imagined. The two political parties in the Convention, Republicans and Democrats, disagreeing as to the organization of the body, formed separate Conventions, which ran parallel courses, each claiming to be the only legitimate Convention. Two Constitutions were reported, and it seemed that the people were to be embarrassed by the necessity of choosing between then, when, toward the close of their respective sessions, a conference was had between the two bodies, and a single Constitution reported to, and adopted by them both. It seems clear, that this mode of organizing has decided advantages. A Constitution, accept able to all political parties in a State, must be free from partisan 1 Deb. Pa. Conv., 1837, Vol. I. p. 400.

legislation; must contain, as it ought, only measures whose policy or expediency had been thoroughly settled in the public mind.

§ 271. By a very remarkable exhibition of moderation, what, in Minnesota, resulted from disagreement, was in New Jersey, in 1844, substantially effected by amicable arrangement between political parties. Those parties did not separate after assembling in Convention, but, by an arrangement recommended by the members of the legislature, in concurrence with influential persons throughout the State, delegates were elected to the Convention from all the districts, save one, by each of the parties.1 It is impossible to commend too highly an example which must have sprung solely from a view to the public good. Where all parties were, in point of numbers, on a par, it could be only by combinations, not reasonably to be expected, that measures having a party bearing could be carried in Convention. Although it is not so stated, the inference is, that the delegates elected sat together in a single chamber.

§ 272. I pass now to consider the internal organization of Conventions.

The call under which a Convention assembles, may contain specific directions in reference to its organization, in which case, it will be the duty of the body to follow those directions to the letter. As the case has never occurred in which it has been attempted to prescribe more than a few of the most important particulars, and as no attempt is likely to be made to hamper such a body by minute regulations, the subject will be dismissed without further comment. The alternative is, that the Act calling the Convention should be silent as to the points indicated. This case embraces most of the Conventions thus far held in the United States, the call generally confining itself to the time and mode of electing the delegates, the qualifications of the electors, the time of assembling of the Convention, and suco other particulars as either fall more naturally within the scope of legislative authority, or as require to be definitely settled before the body meets. Such, on the other hand, as are incidental to the exercise of the functions of the Convention, as such, are commonly left to the discretion of the body itself.

1 Mulford, Hist. N. J., pp. 495, 496.

§ 273. The usual mode of initiating the organization of a Convention, is for some member elect to call the body to order and move the election of a presiding officer pro tempore. In nearly all the Conventions whose proceedings have been published, such has been the course pursued.1 In a few instances, the body has been called to order by some person who was at once a member of the Convention and an officer of the existing government. Thus, in Massachusetts, in 1820, the Convention was called to order by the Lieutenant-Governor, William Phillips, who was also member for the town of Boston. The California Convention, held in 1849, and that formed by the Democratic members of the Minnesota Convention of 1857, were respectively called to order by the Secretaries of the Territorial governments, sitting as members of the Conventions. Except in the case last named, in which there was a split in the Convention, no stress, so far as I am aware, has ever been laid on the fact, that the Convention had or had not been called to order by an official person. In that case, there was a strife to establish for the several fragments into which the body was divided, a character as the legitimate Convention. The Democratic members, who had receded from the hall where the Convention was to assemble, on finding it occupied by the Republicans, by whom an organization had been, as was charged, prematurely effected, claimed for their Convention, subsequently organized in another place, a higher legitimacy, because opened by the Secretary of the Territory. The Act under which the Convention met, however, contained no directions requiring the Secretary, as such, to attend the Convention. Being a member, his action, therefore, must be presumed to have been in that capacity, and not in that of Territorial officer.2

1 This was the course in Illinois, in 1847 and 1862; in Kentucky, in 1849; in Ohio, in 1850; in the Republican Convention of Minnesota, in 1857; in Virginia, in 1829 and 1850; in Wisconsin, in 1847; in Massachusetts, in 1853; in Pennsylvania, in 1837; in Iowa, in 1857; and in Louisiana, in 1844 and 1852. Some Convention Acts prescribe, that the Secretary of State shall attend the Convention to furnish a list of the members elect. Such was the case in New York, in 1821 and 1846; in Michigan, in 1850; and in Illinois, in 1847. In New York and Michigan, the Secretary read the list of members, and then some member moved the election of officers pro tem., after which the body was called to order.

2 The disruption of this Convention was occasioned by the fact that the enabling Act had named no hour at which the Convention was to assemble. Moved

§ 274. The officers of a Convention are either temporary or permanent. In most Conventions, the first proceeding, after the call to order, has been the appointment of a president, a secretary or secretaries, a sergeant-at-arms, and occasionally some other officers, pro tempore. The mode of appointment has been uniformnly by viva voce vote, as, at this stage of the organization, is proper and necessary. On the basis of this temporary organization a permanent one is then effected. The permanent officers of a Convention are usually a president, one or more clerks or secretaries, sergeant-at-arms, door-keeper, and messengers. In a majority of cases these officers have been elected by ballot, either with or without a requisition to that effect in the call of the Convention. In about one-third of the cases, however, they have been elected viva voce, and in a few, the President has been elected by ballot, and the inferior officers by viva voce vote, or by resolution.2 Beside the permanent officers above named, in most Conventions there have also been appointed a chaplain or chaplains, a printer, and one or more reporters. As to the first of these officers, the chaplain, the practice is not uniform. In a few instances, a single person has been elected to that office for the session; but in far the greater number, a resolution has been adopted early in the Convention, inviting the clergy of the dif ferent denominations, resident in the places where the Conventions were sitting, to officiate as chaplains in rotation. So, in by alleged threats, that the Democratic members would seize the hall of the Convention at an early hour and forestall the organization, the Republican members in a body took possession of it during the night preceding, and held it until the usual hour for organizing such bodies arrived.

1 In all the Conventions in Massachusetts, the first officer elected was a secretary; and, in that of 1853, it was strongly contended that such a course was the most proper one. Deb. Mass. Conv., 1853, Vol. I. p. 9.

2 They were elected by ballot, in New York, in 1821 and 1846; in Virginia, in 1829; in Massachusetts, in 1820 and 1853; in Pennsylvania, in 1789; in Illinois, in 1847; California, in 1849; in Michigan, in 1850; in Louisiana, in 1844; in Ohio, in 1850; and in Wisconsin, in 1847; and by riva voce vote in Illinois, in 1862; in Kentucky, in 1849; in Indiana, in 1850; in Minnesota (Republican Convention), in 1857; in Pennsylvania, in 1837; in Louisiana, in 1852; and in Iowa, in 1857. In the Minnesota Democratic Convention, in 1857, they were elected by resolution.

A chaplain was elected in the following Conventions; both those of Minnesota, in 1857; those of Massachusetts in 1820 and 1853, and in that of Maryland, in 1850; while in the following, the resident clergy officiated as stated; those of Kentucky, 1849; Illinois, 1847 and 1862; California, 1849; New York,

regard to printer, the practice has been various. In a few cases the Act calling the Convention has required or authorized it, when convened, to elect a printer, either unconditionally, or upon certain prescribed terms.1 In much the greater proportion of the cases, however, the enabling Acts have been silent on the subject, and those bodies have elected such persons, and on such terms, as they thought best. In two or three instances, the printer so selected has been the official printer of the State or Territory. The Act calling the Michigan Convention of 1850, required the State printer to do the work of the Convention, and that body acquiesced in the provisions of the Act. In the Illinois Convention of 1862, the same spirit was not manifested. The Act under which it assembled, made it the duty of the Secretary of State "to cause such printing to be done as the Convention shall from time to time require." Although this Act was not couched, perhaps, in such terms as to leave the duty of the Convention free from doubt, since it seemed to be optional with that body to make or not, as it should see fit, requisitions upon the secretary for printing; still it is, on the whole, clear enough, that the legislature intended to put the printing of the Convention into the hands of a public officer of the State. The Convention evidently so interpreted the Act, for, in the discussions which followed the motion to elect a printer, it was assumed that such was the intention of the legislature. The Convention took its stand upon a question of power, contending that the legislature was incompetent to fetter the discretion of that body in the appointment of its own officers. It consequently refused to obey the Act as thus interpreted, and elected a printer of its own.

§ 275. In Conventions, some provisions have generally, and very properly, been made for preserving, for general circulation, reports of their debates and proceedings. In all, or nearly all, 1821 and 1846; Michigan, Ohio, and Indiana, in 1850; Virginia, 1829 and 1850; Wisconsin, 1847; Pennsylvania, 1837; Iowa, 1857; and Louisiana, 1844 and 1852. In Massachusetts, in 1779, the clergy who were members of the Convention officiated.

1 Such was the case in Illinois, in 1847; Kentucky, in 1849; and Iowa, in 1857; in which no terms were prescribed; and in New York in 1846, and Michigan and Ohio in 1850, in the first two of which the Conventions were limited in the amount to be paid to the rate paid for the legislative printing, and in the latter, to a designated sum.