the testimony was to be taken, and could not involve any great expense. Some such course seemed to be necessary, as the claimant could not compel the witnesses to appear before a justice of the peace and give testimony in such a case. The allegations set forth by the claimant were of such a nature as to entitle his petition to consideration, and he hoped the convention would treat the question fairly.

Mr. Chase said the remarks of the gentleman from Rock had not removed his objections. The appointment of commissioners to take the testimony would be attended with a very considerable expense which ought not to be borne by the territory. Had the resolution provided that the expense should be paid by the claimant, he should not have objected to it.

Mr. Whiton would ask the gentleman from Fond du Lac if he would be obliged to vote for an appropriation to pay the expenses which might be incurred. Mr. Chase replied that if the convention appointed commissioners, they would become the agents of the convention, employed to perform certain duties; and the convention, he thought, would be in honor bound to pay them.

The amendment was disagreed to. And a division having been called for, there were 21 in the affirmative and 28 in the negative.

The question then recurred on the original resolutions. And a division of the question having been called for, Mr. Kilbourn moved to amend the first resolution by adding the following proviso: "Provided, further, That the expense of said commission and proceedings be paid by the parties interested."

Mr. Judd moved to amend the amendment by striking out of the original resolution all after the word "offered."

Mr. Judd did not feel prepared to vote for the amendment at that time. He was in some doubt as to what was the duty of the convention in such a case. He thought the convention should hear the petition and refer it to a committee for the hearing of such testimony as might be presented by the claimant. The committee could then judge what further steps might be necessary and report to the convention, and if necessary ask for further authority. The committee might find the testimony already on the ground sufficient to entitle the contestant to his seat; or that such testimony did probably exist and might be obtained by sending abroad; or they might become satisfied that there was so little foundation to the claim that it should not be further prosecuted but at the expense of the con

testant. He did not, therefore, at the present stage of the case feel prepared to say whether the expenses should be paid by the petitioner or not.

The amendment to the amendment was disagreed to. And a division having been called for, there were 26 in the affirmative and 28 in the negative. The question then recurred on the amendment of Mr. Kilbourn.

Mr. Whiton said he was no better prepared to vote for the amendment than the gentleman from Dodge (Mr. Judd). They could not tell without some investigation whether justice would require that the expenses should be paid by the territory or by the claimant. While up, he would say that the gentleman from Dodge had in one respect mistaken the object of the resolution. It did not require them to send abroad for testimony unless upon investigation they should consider it necessary.

After a few remarks by Mr. Kilbourn in support of his amendment, the question was put and decided in the negative. And a division having been called for, there were 23 in the affirmative and 31 in the negative. The question was then put on the adoption of the original resolution, and was decided in the affirmative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 40, negative 23; for the vote see Appendix I, roll call 1]. The second resolution was then adopted.

The President announced the appointment of the following committee under said resolutions, to wit: Messrs. Whiton, Fenton, Rountree, Lovell, and Kilbourn.

Mr. Fenton introduced the following resolution, to wit: "Resolved, That the treasurer of the territory be and he is hereby instructed to pay the postage bills of members of this convention." And the rule having been first suspended for that purpose, the said resolution was adopted.

Mr. Case introduced the following resolution, to wit: "Resolved, That the secretary be directed to procure a printed list of the members of this convention together with the name of the county they represent, their post office, place of nativity, age, boarding place, and profession or occupation." And the rules having been first suspended for that purpose, the said resolution was adopted.

The rules having been first suspended, the resolution introduced by Mr. Reed, relative to newspapers, was taken up, when Mr. Larrabee moved to amend the same by striking out the words "at Madison" and inserting the words "in this territory," which was agreed to.

Mr. Whiton moved to amend the resolution by striking out the word "sixty" and inserting the lieu thereof the word "forty."

Mr. Reed was opposed to the amendment. He thought sixty copies a sufficiently small number; at least it was so in his case. He

represented a large district of country, and the people had but limited means of information, and he feared that a less number than sixty would not go round with his constituents. The same was true of all the northern counties; and he hoped that gentlemen from the more populous counties where they had local papers, through which intelligence would be circulated, would not forget the more urgent necessities of those representing the larger areas in the northern portions of the territory.

The amendment was agreed to; the resolution as amended was then adopted.

Mr. Sanders, from the committee to whom had been referred the subject of a revision of the rules, reported rules for the government of this convention. A division of the question on the adoption of said rules having been called for, Mr. Judd moved to amend the eleventh rule by striking out the syllable "in" in the word "indivisible," which was agreed to. And a division having been called for, there were 29 in the affirmative and 17 in the negative.

Mr. King moved to amend the fifteenth rule by striking out the words "four and one-half P.M." and inserting in lieu thereof the word "five."

Mr. Whiton moved to amend the amendment by substituting for the original rule: “Fifteenth. The standing time for the daily meeting of the convention shall be ten o'clock in the morning, until the convention shall otherwise direct,” which was agreed to.

Mr. Gale moved to amend the seventeenth rule by inserting after the words "cannot be made" the following: "But a journal of the proceedings in the committee of the whole shall be kept," which was disagreed to.

Mr. Judd moved to amend the fifteenth rule by adding the following: "Provided, however, That this rule shall not be so construed as to prevent a majority of the convention from taking up the report of the said committee and making any alterations or amendments thereto," which was agreed to. The rule as amended was then adopted.

The rules as amended and adopted were as follows:

RULES

"First. The president shall take the chair at the hour to which the convention shall have adjourned, shall immediately call the members to order, and on the appearance of a quorum shall cause the journal of the preceding day to be read and corrected.

"Second. The president shall preserve order and decorum and decide questions of order, subject to an appeal to the convention. He shall have the right to name any member to perform the duties of the chair; but such substitution shall not extend beyond an adjournment. He shall also appoint all committees, unless otherwise directed by the convention.

"Third. The president shall be required to vote on all questions, and on calling the ayes and noes his name shall be called in alphabetical order as Mr. President.

"Fourth. After the journal has been read and corrected, the order of business shall be as follows, viz.:

1. The presentation of petitions.

2. Reports of committees.

3. The presentation and consideration of resolutions: Provided, That one hour only shall be occupied in the foregoing three orders of business. And Provided, further, That every motion or resolution shall be reduced to writing, if requested by the president or any member.

4. Unfinished business and the business which has most progressed shall be first taken up, and of that portion of business which is in the same state of progress, that which was first introduced shall be first taken up; and it shall be the duty of the president to put all questions arising in regular order, without any special motion therefor.

"Fifth. No resolution shall be acted upon on the same day upon which it is presented.

"Sixth. One hundred copies of all reports, petitions, and resolutions ordered to be printed, shall be printed for the use of the convention without further order.

"Seventh. No member shall speak more than twice on the same question without leave, nor more than once until every other member rising to speak shall have spoken; and he shall confine himself to the question under debate and avoid personality.

"Eighth.

Whenever any member is called to order, he shall sit down until it is determined whether he is in order or not; and after such determination he shall be permitted to proceed in order.

“Ninth. When a question is under debate, no motion shall be received, unless to adjourn, to lay on the table, for the previous question, to postpone to a day certain, to commit, to amend, or to postpone indefinitely; and these several motions shall have precedence in the order in which they stand arranged. A motion to postpone to a day certain, to commit, to amend, or postpone indefinitely being decided, shall not be again allowed on the same day, and at the same stage of the proposition.

"Tenth. A motion to adjourn shall always be in order; and that, and a motion to lay on the table, and all motions in relation to the priority of business shall be decided without debate.

"Eleventh. The previous question shall be in this form: 'Shall the main question be now put?' It shall only be admitted when demanded by a majority of the members present; and its effects shall be to put an end to all debate and bring the convention to a direct vote on the amendments reported by a committee, if any, upon pending amendments, and then upon the main question. On a motion for the previous question and prior to seconding the same a call of the convention shall be in order; but after a majority have seconded such motion no call shall be in order prior to a decision of the main question. On a previous question there shall be no debate. All incidental questions of order, after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.

"Twelfth. When a motion or question has been once put and decided in the affirmative or negative, it shall be in order for any member who voted in the majority, or when the convention is equally divided, for a member who voted in the negative, to move for a reconsideration thereof, on the same or the succeeding day; and when the motion to reconsider is not made on the same or succeeding day, at least two days' notice of intention to make such motion shall be given.

"Thirteenth. Any member may call for a division of the question, when the same will admit of it. A motion to strike out and insert shall be deemed to be divisible. A motion to strike out, being lost, shall not preclude an amendment, nor a motion to strike out and insert.

"Fourteenth. The ayes and noes may be called upon any question at the request of any nine members of the convention; and when the final vote shall be taken upon each distinctive article in the constitution it shall be by the ayes and noes.

"Fifteenth. Nine members may make a call of the convention and require absent members to be sent for; but a call of the convention cannot be made after the voting has commenced; and, the call of the convention being ordered, and the absentees noted, the doors shall be closed and no member permitted to leave the room until the report of the sergeant at arms be received and acted upon, or further proceedings in the call be suspended.

"Sixteenth. A member may call for a division of the convention upon any question either before or after a decision by the president.

"Seventeenth. The standing hour for the daily meeting of the convention shall be ten o'clock in the morning until the convention shall otherwise direct. "Eighteenth. The rules of parliamentary practice comprised in Jefferson's Manual shall govern the convention in all cases to which they are applicable and in which they are not inconsistent with these rules and the order of the convention.

"Nineteenth. Every article which it is proposed shall form a part of the constitution shall be considered in committee of the whole; and the rules observed in convention shall govern, as far as practicable, the proceedings in committee of the whole, except that a member may speak oftener than twice on the same subject, and that a call for the yeas and nays or for the previous question cannot be made. Amendments made in committee of the whole shall be entered on a separate piece of paper and so reported to the convention by the chairman, standing in his place; which amendments shall not be read by the president unless required by one or more of the members.

"Twentieth. Every article which it is proposed shall form a part of the constitution shall be read the first and second times and be referred to the committee of the whole; and after it shall have been considered in committee of the whole, and after the amendments reported by the committee of the whole shall have been acted on, it shall be open to amendment in the convention; and when there are no further amendments to be proposed, the question shall be on ordering the article to be engrossed for its third reading; and after the same shall have been engrossed the same shall not be amended except by the unanimous consent of the convention. And after the article has been read a third time and passed, it shall be referred to the committee on revision