Mr. Jerome, by unanimous consent, moved to further amend the article by adding thereto two new sections, to stand as sections four and five, as follows:

SEC. 4. The President of the Senate and Speaker of the House of Representatives shall be entitled to the same per diem compensation and mileage as members of the Legislature, and no more;

SEC. 5. The Lieutenant Governor and President pro tempore of the Senate, when performing the duties of Governor, shall receive the same compensation as the Governor;

Which motion prevailed.

Mr. Withey moved to re-commit the article to the committee on salaries, with instructions to amend by striking out the word "three" in all cases where the same occurs before the word "dollars," in section three, and insert in lieu thereof in each case the word “four;"

Which motion did not prevail.

Mr. Moffatt moved to re-commit the article to the committee on salaries, with instructions to amend the same by striking out the word "three" in all cases where the same occurs before the word "dollars," in section three, and insert in lieu thereof in each case the word "five;"

Which motion prevailed.

Mr. Crane moved further to instruct the committee to strike out the provision relating to mileage;

Which motion did not privailed.

GENERAL ORDER.

On motion of Mr. Withey,

The Commission resolved itself into committee of the whole, on the general order, Mr. Woodard in the chair, and after some time spent therein the comittee rose and through their chairman made the following report:

REPORT OF THE COMMITTEE OF THE WHOLE.

The committee of the whole have had under consideration

Article VII. of the Judicial Department, and having made some progress therein, have directed me to report that fact to the Commission, and ask leave to sit again.

LYSANDER WOODWARD, Chairman.

Report accepted and leave granted.

RECESS.

On motion of Mr. Giddings,

The Commission took a recess until 2:30, P. M.

AFTERNOON SESSION.

The Commission was called to order by the chairman at 2.30.

Roll called; quorum present.

GENERAL ORDER.

On motion of Mr. Moffatt,

The Commission resolved itself into committee of the whole on the general order, and after some time spent therein, the committee rose, and through their chairman, made the following report:

REPORT OF THE COMMITTEE OF THE WHOLE.

The committee of the whole have had under consideration, Article VII. of the Judicial Department,

Have made sundry amendments thereto, and have directed me to report the same back to the Commission, recommending that the amendments be concurred in, and that the article when so amended do pass, and ask to be discharged from the further consideration of the subject.

L. WOODWARD, Chairman of Committee.

Report accepted and committee discharged.

Mr. Jerome moved that the article be reprinted and placed

on the order of third reading.

Which motion prevailed.

ADDITION TO RULES.

Mr. Moffatt moved to add a new rule to the rules of the Commission, providing that amendments may be entertained to articles on the order of third reading, when supported by a majority of the members present;

Which motion prevailed.

LEAVES OF ABSENCE.

On motion of Mr. Withey,

Mr. Crane was granted leave of absence for to-morrow.

Mr. Withey offered the following resolution:

Resolved, That no further leave of absence be granted to members of the Commission, unless for reasons deemed imperative.

The resolution was adopted.

On motion of Mr. Crane,

The Commission adjourned.

FOURTEENTH DAY.

LANSING, Thursday, September 11, 1873.

The Commission was called to order at 9 o'clock, by the Chairman.

Roll called: quorum present.

LEAVE OF ABSENCE.

On motion of Mr. Meddaugh,

Mr. Pond was granted further leave of absence until Tuesday of next week, on account of imperative business engagements arising before his connection with the Commission.

On motion of Mr. Upson,

Mr. Meddaugh was granted leave of absence from and after to-day, until Tuesday of next week, for reasons similar to those in the case of Mr. Pond.

AMENDMENTS OF RULES.

Mr. Riley offered the following resolution:

Resolved, That Rule 23 be so amended as to read as follows: 23. Every article when read a third time, and perfected by amendments, shall, before it is put on its passage, be referred to the committee on phraseology, and after its passage shall be referred to the committee on arrangement and classification. Two-thirds of the members present voting in the affirmative, the resolution was adopted.

APPOINTMENT OF JUDGES.

Mr. Hatch offered the following resolutions:

Resolved, That the article on the judicial department be so amended as to provide for the appointment of the judges of the Supreme Court by the Governor by and with the advise and consent of the Senate;

Resolved, That the article on judicial department be so amended as to provide for the appointment of the judges of the Circuit Courts by the Governor by and with the advise and consent of the Senate;

Mr. Upson offered the following as a substitute:

Resolved, That the Committee on the Judiciary be, and they are hereby instructed to propose an amendment to the article on the Judicial Department, providing for the appointment of the Judges of the Supreme and Circuit Courts by the Governor, by and with the advice and consent of the Senate, such amendment to be submitted to the electors as a separate proposition.

Which motion prevailed by yeas and nays as follows:

The question recurring on the adoption of the substitute, the same was adopted, by yeas and nays, as follows:

Article V. of the Executive Department came up on the

order of third reading.

Mr. Hatch asked leave to offer an amendment to the article. Leave being granted,

Mr. Hatch moved to add the following to section eleven, to stand as a part of said section;

"Whenever application shall be made to the Governor for the pardon of one under sentence of imprisonment for life, upon conviction for willful and deliberate murder, such application may be referred by the Governor to the Supreme Court, and notice thereof shall be given to the Attorney General.

The Supreme Court shall fix a time and place for hearing such application, and may order the testimony of witnesses, touching the merits of such application, to be taken either orally in open court, or upon deposition.

If the said court is of opinion that under the principals, hereinafter stated, the said prisoner should be pardoned, or his sentence mitigated, such opinion shall be entered upon the journal of said court, and certified to the Governor. The Governor may in his discretion grant the pardon recommended, or refuse it altogether.

The Governor, in the cases above specified, shall have no power to grant a pardon without taking the opinion of said Supreme Court in relation thereto in the manner herein before provided, nor shall he have power to grant a pardon or mitigate