Richmond Palladium

PROCEEDINGS OF THE CONSTITUTIONAL CONVENTION: Saturday Morning, Oct. 12. Convention met. Prayer by Rev. Mr. Mills. Mr. Jones, of Bartholomew, appeared and was sworn as a Delegate by Judge Biddle. Mr. Steele moved that a clause be inserted in the constitution prohibiting the Legislature from passing license laws and authorizing females to petition the Legislature. On motion of Mr. Edmonston, it was laid on the table. Mr. Borden moved that the committee on elective franchise enquire into providing a clause that the right of voting shall not depend on naturalization; laid on the table. Mr. Dick moved that there should, hereafter, be no State Bank chartered, nor any other Bank, unless they give satisfactory security, and shall not issue bills under $10. &c: laid on the table. Mr. Read, of Clark, moved that the committee on Banking inquire into the expediency of providing that no special Banking charters shall be granted; that suspension of specie payments shall not be authorized: that all Bank notes shall be registered, that after January 1st, 1850, stockholders shall be individually liable to amount of stock: laid on the table. Mr. Foley offered resolutions in favor of biennial sessions--elections to be 2d Monday of October--Governor to serve 4 years and ineligible--no officer, except clerk and recorder, to serve more than one term--no tax to be levied except for Government expenses unless authorized by the people--fines and forfeitures to be distributed among common schools; laid on the table. On motion of Mr. Edmonston the report of the committee on the organization of the committees was taken up. On motion of Mr. Read, of Monroe, the chairman of the committee, a committee on the elective franchise, which had been omitted in copying, was added. The Committees were then taken up seriatim, as proposed by the committee, and adopted as follows: 1. On the rights and privileges of the inhabitants of the State; 9 members. 2. On the Legislature Department; 9 members. 3. On the Executive Department; 9 members. 4. On State officers, other than Executive and Judiciary: 7 members. 5. On the organization of courts of justice; 1 from each judicial circuit 6. On matters pertaining to criminal law; 7 members. 7. On Law practice and law reform: 1 from each judicial circuit. 8. On special and local legislation and uniformity of laws; 7 members. 9. On impeachment and removal from office: 5 members. 10. On the elective franchise and apportionment of representation; 1 from each judicial circuit. 11. On county and township organizations, powers, and officers; 1 from each Congressional District, 12. On currency and banking; 11 members. 13. Corporations other than banking; 9 members. 14. State Debt and public works; 7 members. 15 Finance and public taxation; from each judicial circuit. 16. Militia: 5 members. 17. Education: 7 members. 18. Future constitutional amendments; 5 members. 19. Public Institutions: 5 members. 20. Salaries, compensation, and tenure of office: 9 members. 21. Miscellaneous provisions; 5 members. 22. Revision, arrangements, and phraseology: to consist of the chairman of the preceding committees. Also the following committees: On elections, and, also, on accounts, each to consist of five members. Adjourned to meet on Monday morning, to enable the President to select the committees under the rules. Monday Morning, Oct. 14, 1850. Convention met. Prayer by the Rev. Mr. Babb. The journal of Saturday was read. Mr. Bowers asked and obtained leave of absence for Mr. Robinson, of Decatur, for one week. The President announced the following standing committees. 1. On the rights and privileges of the inhabitants of the State; 9 members.- Messrs. Owen, Graham, (of M.) Niles, Haddon, Prather, Coats, Murray, Chapman, and Berry. 2. On the Legislative Department; 9 members.-Messrs. Bright, Smiley, Clark, (of T.) Schoonover, Walpole, Emerson, Duzan, Beach. 3. On the Executive Department: 9 members.-Messrs. Morrison, (of M.) Stevenson, Beard, Sherrod, Gordon, Wolf, Morgan, Bascom, and Barbour. 4. On State officers, other than Executive and Judiciary; 7 members.--Messrs. Read (of C.) Moore, Bicknell, Bracken, Farrow, Mowrer, and Frisbie. 5. On the organization of courts of justice; 1 from each judicial circuit.- Messrs. Petitt, Thornton, Dunn, (of J.) Lockhart, Nave, Rariden, Davis, (of V.) Biddle, Anthony, Terry, McClelland, Howe, Smith, (of R. 6. On matters pertaining to criminal law:7 members.-Messrs. Kent, Davis, (of M.) Mooney, Hawkins, Chandler, Carter, and May. 7. On Law practice and law reform; 1 from each judicial circuit.-Messrs. Borden, Ristine, Gibson, Kelso, Hall, Wallace, Newman, Cookery, Kendall,(of W.) Mathers, Read, (of M.) March, Holman. 8. On special and local legislation and uniformity of laws; 7 members.- Messrs. Newman, Helmer, Miller, (of G.) Allen, Snook, Crumbacker and Pepper, (of C.) 9. On impeachment and removal from office: 5 members.-Messrs. Rariden, Biddle, Garvin, Mather, and Brookbank. 10. On the elective franchise and apportionment of representation; 1 from each judicial circuit.-Messrs. Graham, (of W ) Miller, (of C.) Smith, (of S.) Pepper, (of O.) Vanbenthusen, Thomas, Davis, (of P.) Harbolt, Anthony, Foster, Clark, (of H ) Wonderlich, and Berry. 11. On county and township organizations, powers, and officers: 1 from each Congressional District.-Messrs. Smith, (of R.) Alexander, Prather, Beeson, Hendricks, Gootee, Barbour, Clark, (of T.) Kendall, (of W.) Hogin. 12. On currency and banking; 11 members.--Messrs. Hamilton, Taylor, Dick, Colfax, Dunn, (of P ) Hardin, Helmer, Watts, Todd, and Sharp. 13. Corporations other than banking: 9 members --Messrs. Read, (of M.) Dobson, Kindley, Wiley, Gregg, Johnson, Simms, Badger, and Butler. 14. State Debt and public works: 7 members.--Messrs Hall, Milroy, Zenor, Ritchey, Maguire, Trembly, and Chenowith. 15. Finance and public taxation; 1 from each judicial circuit.--Messrs. Kilgore, McFarland, Logan, Tannehill, Hovey, Hendricks, Balingall, Bourne, Miller (of F.) Niles, Conduit, Work, Foley. 16. Militia: 5 members.---Messrs. Pepper, (of O.) Spann, Steel, Huff and Kilgore. 17. Education: 9 members.--Messrs. Morrison, (of W.) Bryant, May, Hitt, Foster, Stevenson, Nofsinger, Milligan and Blythe. 18. Future constitutional amendments; 5 members.- Messrs. Richey, Crawford, Edmunson, Wheeler and Murray. 19. Public Institutions; 5 members.- Messrs. Wallace, Colfax, Nofsinger and Jones. 20 Salaries, compensation and tenure of office: 9 members.--Messrs. Dobson, Pettit, Howe, Bright, Lockhart, Miller, (of G.) Maguire and Taylor. 21. Miscellaneous provisions; 5 members.-Messrs. Walpole Holliday, M'Lean, Hawkins and Robinson. 22. Revision, arrangements,and phraseology; to consist of the chairmen of the preceding committees.-Messrs. Owen, Bright, Morrison, (of M.) Read, (of C.) Pettit, Kent, Borden, Newman, Rariden, Graham, Smith, (of R.) Hamilton, Read, (of M.) Hall, Kilgore, Pepper, (of O.) Morrison, (of W.) Richey, Wallace, Dobson and Walpole. Mr. Maguire moved to take up the rules, which was done. The rules were then separately read for adoption, and, after some slight amendment, were adopted. On motion of Mr. Hall, the several resolutions submitted by him on Wednesday last were taken from the table, And the first resolution, to-wit: "That Judges and all other officers, shall be elected by the people," was referred to the standing Committee on Salaries, Compensations and tenure of office. And the second resolution, to-wit: "That Corporations shall only be created under a general law--individual liability to the extent of stock shall be imposed- the issue of bills of credit for general circulation shall be prohibited.-no banking privilege shall be granted except to a State Bank, and a limited number of branches, properly restricted." So much as relates to a State Bank and branches was referred to the Committee on currency and banking, and the balance of said resolution was referred to the Committee on corporations other than banking. And the third resolution, to-wit: "That special legislation shall be prohibited-no act shall embrace more than one subject, and that shall be expressed in the title-upon the passage of any bill, in either House, the yeas and nays shall be entered upon the Journals; and no act of the General Assembly shall be in force, until after its publication in print, and distribution amongst the people." So much as relates to special legislation was referred to the Committee on special and local legislation and uniformity of laws-- and the balance of said resolution was referred to the standing Committee on the Legislative Department, And the 4th resolution, to-wit: "That the Legislature shall be prohibited from granting divorces, and from establishing lotteries," was referred to the committee on the legislative department. And the 5th resolution, to-wit: "That the Legislature shall be prohibited from borrowing money upon the faith of the State, without the consent of the people, expressed through the ballot box," was referred to the committee on finance and taxation. And the 6th resolution, to-wit: "That the Legislature shall meet biennially, but may be convened by the Governor in case of emergency," was referred to the standing committee on And the 7th resolution, to wit: "That all fines assessed for any breach of the penal laws, shall be applied to the support of common schools,' was referred to the standing com. on education. And the 8th resolution, to-wit: "That all distinction between proceedings in Courts of Law and Equity, shall be abolished, as also, all distinction between different kinds of action," was referred to the committee on the practice of law and law reform. And the 9th Resolution, to-wit: "That the House of Representatives shall consist of one hundred members, and the Senate shall be composed of fifty members; Provided, The members of either House may be diminished by legislative enactment;" was referred to the committee on the Elective Franchise and the Apportionment of Representatives. And the lOth Resolution, to-wit: "That all elections by the General Assembly, or either branch thereof, shall be determined by a plurality of the votes given;" was referred to the standing committee On the Legislature Department.
The report of the select committee in relation to the State Printer, was taken up, but, before any action was had, the Convention adjourned. AFTERNOON SESSION. The Convention met. The report of the select committee declaring that the State printer is not the printer of the convention, was taken up, and after discussion in favor of concurrence, by Messrs. Biddle, Niles, Holman, Steele, Bascom, Foster, and against it by Messrs. Nave, Howe, and Pettit, it was concurred in. Mr. Bascom introduced a resolution providing for the election of a Printer to the convention on to-morrow. Laid on the table. Several resolutions were introduced and appropriately referred. The convention adjourned. TUESDAY MORNING, Oct 15. Convention met. Prayer by Rev. Mr. Myers. The Journal of yesterday was read. RESOLUTIONS OFFERED: By Mr. Pepper, (of O.) that after the expiration of the present charter of the State Bank, all connection between the Bank and the State shall cease--which lies over. By Mr. Harbolt, a resolution of enquiry as to the expediency of ingrafting a provision in the constitution, so that in all elections not otherwise provided for by this convention, every white male citizen of the age of twenty one years, and upwards, who has resided in the State six months immediately preceding such election shall be entitled to a vote in the county where he resides, except such as shall be enlisted in the armies of the U. S. or their allies. Adopted. By Mr. Hamilton, as to the expediency of inserting a provision in the constitution, giving to the Legislature power to establish a State Bank and Branches, and also power to grant charters for private Banking, provided stock of the U. S. or of the State of Indiana be deposited as security for the redemption of the paper issued by such private banks, to be lodged with an officer of State, who shall, on receiving the stock, deliver blank paper, countersigned and registered, to an amount not exceeding the par value of the stock deposited; and provided also, that the stockholders be held individually liable for the final redemption of such paper as the bank may issue; which was adopted. By Mr. Wolf, that the convention will, on to-morrow take up the constitution in committee of the whole which lies over, under the rules. By Mr. Haddon, as to the expediency of making it necessary to take a vote of the people on all loans of money--that the object of the loan shall be specified, and but one object contained in any one law, except loans of money to repel invasions,&c.--adopted. By Mr. Brookbank, prohibiting idiots and insane persons and persons convicted of infamous crimes from exercising the elective franchise-lies over By Mr. Lockhart, providing that every white male inhabitant over twenty-one years, having resided one year in the State be entitled to vote, unless he shall have been convicted of some infamous crime; and also prohibiting the Legislature from extending the rights of suffrage to negroes and mulattoes-hes over. By Mr. Ritchey, as to the expediency of abolishing punishment by death-- adopted. By Mr. Dunn, (of Jeff.) as to the expediency of incorporating a provision that in all issues, in civil actions, submitted to petit jurors, a verdict may be rendered by a majority of three fourths of the jury-- Adopted. By Mr. Wolf, that all impeachments be transferred to and tried by the Circuit Court, in each county respectively-lies over. By Mr. Read, (of M.) as to the expediency of introducing a provision to the effect following: that no law shall be proposed contingent to the approval or disapproval of any authority, except as provided by this constitution-adopted. By Mr. Hendricks, as to the expediency of giving power to the Legislature to reduce the number of petit jurors in civil causes, and, upon trials for misdemeanors, find a verdict, and that a less number than the whole, may find a verdict of acquittal in trial for felonies-adopted. By Mr. Hamilton, as to the expediency of a provision that the taxes for school purposes, and funds arising from fines and forfeitures of recognizances be divided among the schools in each township, according to the number of scholars in each school--adopted. By Mr. Bascom, as to the expediency of forever prohibiting the issue of bank paper in this State; adopted. By Mr. Hawkins, as to the expediency of securing by a declaration in the bill of rights, to the head of each family, a reasonable homestead exemption: adopted. By Mr. Ristine, as to the expediency of abolishing the present County Seminary System, and also of the State University, and of so amending the Constitution as to compel the Legislature to enact the necessary laws for the sale of the property of said institutions, and to apply the proceeds thereof to the use of common schools; adopted. By Mr. Hendricks, that the committee on Education be instructed to report an amendment of the second section of the ninth article of the constitution, providing that the Legislature, in the establishment of a general system of education, shall not provide for or establish, at the public charge, any schools or institutions of learning, other than district or township schools: lies over. By Mr. Hardin, as to the expediency of providing in the constitution that all county officers, for wilful neglect of duty, or misdemeanors in office, shall be liable to punishment or indictment by a grand jury or otherwise, and trial by petit jury, and, upon conviction, be removed from office; adopted.
By Mr. Allen, as to the expediency of prohibiting the Legislature from passing any bank charters, or giving to any person or number of persons, any banking privileges which is not extended to all the people of the State; adopted. By Mr. Hovey, that the Secretary of the convention be authorised to contract with the lowest bidder for the execution of all the printing for this convention; lies over. Mr. Cookery moved that Mr. Niles be added to the committee on the Practice of Law and Law Reform. Mr. Colfax moved to amend by substituting the committee on the organization of the Courts. He thought there would be a peculiar fitness in his occupying a place on that committee. Mr. Niles remarked that he was obliged to the gentlemen for the compliment, it that was its character, but that they would justify him in the assertion that it was in no way sought or desired by him. Mr. Borden believed that the State would be benefited by the services of the gentleman from Laporte on both of the law committees. Mr. Niles was then added, by a vote of the convention, to committees Nos. five and seven. The Convention adjourned. AFTERNOON SESSION. Mr. Balingall offered a resolution to the purport that the Speaker of the House of Representatives be elected by the people of the State. Mr. Maguire presented a resolution to the effect that the convention hold its meetings at the Masonic Hall, in consequence of the crowded state of the House now occupied. Mr. Maguire explained his object in presenting it. He was not anxious to move:--he was willing to remain in the Hall now occupied--but, there had been a great deal said about removing, and he desired to have the question settled at an early day, so that other matters which seems to be suspended in consequence of this unsettled question might be disposed of. Mr. Dunn observed that the committee heretofore appointed to proceed to Madison to see about a room in which to hold this convention, would not be able to report until to-morrow; he would, therefore, move that the resolution lie on the table until to-morrow. Carried. On motion of Mr. Colfax, Messrs. Biddle and Ristine were added to the committee on banking RESOLUTIONS OFFERED. By Mr. Chapman, as to the expediency of punishing public defaulters, instead of making them liable on official bond. By Mr. Terry, that Governor and Lieut. Governor shall not be eligible to election to U. S. Senate, during their term of office. By Mr. Prather, a resolution as to the expediency of providing for biennial sessions of the Legislature; adopted. Mr. Pepper moved to take up the resolution introduced by him last Friday, in relation to contracting of State debt; was taken up, and, on motion of Mr. Ritchey, it was referred to the committee on the State debt. Mr. Newman asked leave of absence for Beeson, of Wayne; granted. Mr. Hawkins offered a resolution enquiring into the propriety of abolishing the military organizations except in time of war. Mr. Maguire gave notice that he should move to so amend the rule as to prevent the introduction of resolutions of the same import on the same subject. Mr. Borden offered a resolution to incorporate into the constitution a provision to protect women in rights as to property, possessed previous to marriage. Mr. Nave, a resolution to inquire into the expediency of re-organizing the Supreme Court; adopted. Mr. Bowers, a resolution as to the expediency of applying all the funds now belonging to the State for educational purposes, to common schools. Mr. Stevenson, in favor of electing members of the Legislature by the single district system; laid over. By Mr. Milroy, as to the expediency of prohibiting internal improvements by the State, except by a vote of the people, &c. By Mr. Mooney, requesting the present Judges of the Supreme Court to submit information in relation to the manner and amount of business now pending in the Supreme court. On motion it was referred to a select committee. Mr. Kelso moved to take up his resolution as to the abolishment of capital punishment by constitutional provision, which was referred to the select committee of seven members. Mr. Dick moved to take up a resolution introduced by him on Friday, to prohibit the establishment of a State Bank, and to prevent the State lending its credit in any manner for the purpose of banking. Mr. Maguire moved to take up the report of select committee in relation to providing for the publication of the debates of convention in the newspapers--carried. After discussion, Mr. Simms moved to lay it on the table--carried. The convention adjourned. Wednesday Morning, Oct. 16, 1850. Convention met. Prayer by Rev. Mr. Steel. The Journal of yesterday was read. Mr. Beard presented a memorial from citizens styling themselves Congregational Friends, praying that, in forming a new constitution, color shall not be regarded as forming any distinction, as to the rights and privileges of the citizens of this State. This gave rise to considerable debate in which Messrs. Owen, Foster, Colfax Rariden, Ritchie, Clark, of L.,] and Morrison, [of M.,] participated. The memorial was referred by a large vote to the committee on Rights and Privileges.
Mr. Gregg, Chairman of the select committee on the subject of enquiring about a suitable room at Madison, reported that the common council of that city had tendered the use of a hall, free of rent, &c., and concluded by resolving to accept the proposition.

Mr. Wolf moved to amend, by resolving to remain in the present House of Representatives, which was carried by a vote of 78 to 53.

The convention adjourned.

AFTERNOON SESSION.

Convention met.

The resolutions of the select committee in relation to accepting the offer of a hall at Madison, by the council, in which to hold the session of convention, as amended on the motion of Mr. Wolf, so as to remain in the present Hall, was, on motion, laid on the table, by a large majority.

Mr. Pettit observed that as the reading of the present constitution, for the purpose of appropriate reference had been made the special order of the day for 2 o'clock to-day, he moved to take it up; taken, and, on motion was made the special order of the day for to-morrow at 9 o'clock.

A resolution to instruct the committee on the Legislative Department, to report a provision in the constitution providing for biennial session of the Legislature, was adopted by a vote of 121 ayes to 5 nays.

The convention adjourned.

Thursday Morning, Oct. 17

The Convention met

Prayer by Rev. Jamison.

The Journal was read.

The consideration of the present constitution, coming up according to the special order of the day, each article and section was read and referred to appropriate committees.

Resolutions which, under the rules, were laid over, were now taken up and referred.

Mr. Stevenson's proposition in favor of the single district system in electing members of the Legislature, was taken up and referred to the committee on the Legislative Department

Adjourned until to-morrow morning nine o'clock.

Friday Morning, Oct. 18, 1850.

The Convention met.

Prayer by the Rev. Mr. Cooper.

The Journal was read.

Mr. Owen from the committee on rights and privileges to whom was referred the memorial of the Congregational Friends in relation to the abolishment of all distinctions of color, reported that it is inexpedient to act in relation thereto; report concurred in, and the committee discharged.

Mr. Owen from the same committee reported back a resolution in favor of abolishing the penalty of death, and recommended that it be referred to the committee on criminal law: concurred in.

Resolutions on the table, under the rules, were taken up.

A resolution requiring the introduction of a provision in the constitution to the effect that no act shall become a law unless it be passed by a majority of all the members elected to the Legislature, coming up for consideration, Mr. Kelso moved to make it a matter of enquiry as to its expediency, and that it be referred to an appropriate committee, which, after considerable discussion prevailed.

Mr. Carr, of Jackson, introduced a resolution, going into the election of a Printer for the Convention this day at two o'clock: carried

Mr. Dunn, of P.I. moved a reconsideration.

Adjourned until 2 o'clock P. M.

2 o'clock. P. M

The Convention met.

The motion to reconsider the vote going into the election of a Printer for the Convention at 2 o'clock, to-day was taken up and decided, in the negative by a large majority.

The convention then proceeded to the election of a Printer for the Convention.

Mr. Edmonston announced the name of Austin H. Brown, as a candidate.

Mr. Borden remarked that Messrs, Ellis & Spann were not candidates.

Austin H. Brown was elected, by a vote of 78 to 52 scattering.

The Convention adjourned.

REMARKS of Mr. Colfax, [of St. Joseph,] on a motion to refer a petition from the Congregational Friends of Wayne County, to the Committee on the Rights and Privileges of the inhabitants of the State. As reported by the Stenographic Reporter of the Convention.

Mr. Colfax said, I have listened, Mr. President, to the remarks of the gentleman from Monroe [Mr. Foster] with great regret, for I had believed that no opposition would have been made to the reception and reference of this memorial

I care not, sir, whether this sect of congregational friends are peculiar or fanatical as has been charged by him, in their ideas of religion. They are, notwithstanding, our fellow citizens, and as such they have the undoubted--I had hoped, in this body, the undisputed--right of every American freeman to petition their fellow citizens whom they elect as their legislators for such laws and provisions as to them, may seem valuable or desirable

It matters not to me, sir, so far as this question is concerned, whether that body is imbued with one iota of true religion, or whether they admit individuals of any other class and color to church association with them: they are still entitled to be heard in this Hall. Why, sir, we have established a rule in our order of business, that of "petitions and memorials" which, in effect, calls upon the citizens of this State to present their views and make their wishes known to us through the medium of such documents as this. And are we now virtually to annul that rule?-

Are we to say to the people of Indiana that we will receive petitions and memorials from those only who concur with the majority of us in sentiment-and that petitions sent here by those who differ from us in opinion we will disrespectfully and contemptuously lay on or under the table?

Is this republican, sir? Is this the true policy to adopt in a free State like this, or in any state? No, sir! I think not. This memorial is couched in the most respectful terms: and, although I shall vote against adopting a constitutional provision extending the right of suffrage to negroes, as I told the people of my district before they sent me here, a constituency as deeply imbued with free-soil sentiments as the constituency of any other delegate on this floor. I shall cheerfully vote for its reception and reference. I shall vote for the reception of this petition as I shall vote for the reception of all other petitions, couched in respectful language, from the people of this State. When I act differently I shall justly forfeit the esteem and respect of every lover of free speech and free discussion = as this convention will most certainly do, whenever they adopt such a course.