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The following gentleman voted

FOR MR. STALLARD.

Harbolt, Hardin, Hawkins, Helm, Helmer, Hen- Thornton, Trembly, Vanbenthusen, Wallace, dricks, Hogin Holman, Hovey, Howe, Huff, { Wheeler, Watts, Wiley, Wolfe, Work, WunJohnson, Kelso, Kent, Kendall of Miami, Ken- derlich, Yocum, Zenor, and Mr. President.— dall of Warren &c., Kindley, Lockhart, Logan, { (124.) Maguire, March, Mather, Mathis, May McClel land, McFarland, McLean, Miller of Clinton, Miller of Gibson, Miller of Fulton, Milligan, Milroy, Mooney, Moore, Morrison of Marion, Morrison of Washington, Mowrer, Murray, Nave, Newman, Niles, Nofsinger, Owen, Pepper of Ohio, Pepper of Crawford, Pettit, Prather, Rariden, Read of Clark, Read of Monroe, Ristine, Schoonover, Shannon, Sherrod, Shoup, Sims, Smiley, Snook, Smith of Scott, Spann, Stevenson, Tague, Tannehill, Taylor, Terry, Thomas, Thornton, Trembly, Vanbenthusen, Wallace, Walpole, Watts, Wheeler, Wiley, Wolfe, Work, Wunderlich, Yocum, Zenor, and Mr. President.-(137.)

The following gentlemen voted for

JAMES B. RAY:

Messrs. Balingall, Davis of Madison, Hogan, Morgan, Rariden, Robinson, Steel, Walpole. -(8.) Mr. Crawford voted for Mr. Lafferty. The following gentlemen voted blank, towit:

Messrs. Brookbank, Clark of Hamilton, Colfax and Mather.-(4.)

HARMON G. BARKWELL, of the County of Perry, having received a majority of the whole number of votes given was declared duly elected one of the Assistent Secretaries of this Convention, and being sworn by the Hon. ISAAC BLACKFORD, one of the Judges of the Supreme Court of Indiana, proceeded to the dis

Messrs. Hitt, Morgan, Robinson and Steel. charge of the duties of his office. -(4.)

The roll being again called, the following gentlemen voted

FOR GEORGE L. SITES:

Messrs. Alexander, Allen, Anthony, Barbour, Bascom, Beach, Beeson, Berry, Bicknell, Biddle, Blythe, Borden, Bourne, Bowers, Bracken, Bright, Brookbank, Bryant, Butler, Carr of Jackson, Carter, Chandler, Chapman, Chenowith, Clark of Tippecanoe, Coats, Cole, Colfax, Cook

Those gentlemen who voted blank were Messrs. Clark, Gregg and Todd.—(3.) ROBERT M. EVANS, of the County of Fountain, having received a majority of the whole number of votes given, was declared duly elected one of the Assistant Secretaries to this Convention, and being duly sworn by the Hon. ISAAC BLACKFORD one of the Judges of the Supreme Court of Indiana, proceeded to the dis-erly, Davis of Parke, &c., Dick, Dobson, Dunn charge of the duties of his office.

The roll being again called the following gentlemen voted for

HARMON G. BARKWELL:

of Perry, Duzan, Edmonston, Farrow, Fisher, Foley, Foster, Frisbie, Garvin, Gibson, Gootee, Graham of Miami, Graham of Warrick, Haddon, Holliday, Hamilton, Harbolt, Hardin, Hawkins, Helm, Helmer, Hendricks, Hogin, Holman, Hovey, Howe, Huff, Johnson, Kelso, Kent, Kendall of Miami, Kendall of Warren, Kindly, Lockhart, March, Mather, Mathis, May, McCleland, McFarland, McLean, Miller of Clinton,

lor, Terry, Thornton, Trembly, Vanbenthusen,
Wallace, Walpole, Wheeler, Wiley, Wolfe,
Work, Wunderlich, Yocum, Zenor, and Mr.
President-120.

Messrs. Alexander, Allen, Anthony, Badger, Barbour, Bascom, Beach, Beard, Beeson, Berry, Biddle, Borden, Bourne, Bowers, Bracken, Bright, Bryant, Butler, Carr of Jackson, Carter, Chandler, Chapman, Chenowith, Clark of Tip-Miller of Gibson, Miller of Fulton, Milligan, pecanoe, Cole, Cookerly, Davis of Parke, Davis Milroy, Mooney, Morgan,Mowrer, Murray, Nave, of Parke and Vermillion, Dick, Dobson, Dunn Newman, Niles, Nofsinger, Owen, Pepper of of Perry, Spencer and Warrick, Duzan, Edmon- Crawford, Pettit, Prather, Read of Clark, Read ston, Farrow, Fisher, Foley, Foster, Frisbie, of Monroe, Ristine, Schoonover, Shannon, Garvin, Gibson, Gootee, Graham of Miami, Sherrod, Shoup, Sims, Smiley, Snook, Smith of Graham of Warrick, Haddon, Holliday, Hamil-Ripley, Spann, Steele, Tague, Tannehill, Tayton, Harbolt, Hardin, Hawkins, Helm, Helmer, Hendricks, Hitt, Holman, Hovey, Howe, Huff, Johnson, Kelso, Kent, Kendall of Miami, Kendall of Warren, Kindly, Lockhart, Maguire, March, Mathis, May, McCleland, McFarland, McLean, Miller of Clinton, Miller of Gibson, Miller of Fulton, Milligan, Milroy, Mooney, Moore, Morgan, Morrison of Marion, Morrison of Washington, Mowrer, Murray, Nave, New-venson, Thomas, Watts-10. man, Niles, Nofsinger, Owen, Pepper of Ohio, GEORGE L. SITES, of the County of AlPepper of Crawford, Pettit, Prather, Read of len, having received a majority of the whole Clark, Read of Monroe, Ristine, Schoonover, number of votes given, was declared duly elecShannon, Sherrod, Shoup, Sims, Smiley, Snook, ted one of the Assistant Secretaries to this Smith of Ripley, Smith of Scott, Spann, Ste-Convention, and being sworn by the Hon. phenson, Tague, Tannehill, Taylor, Terry, ISAAC BLACKFORD, one of the Judges of the

The following gentlemen voted blank-towit:

Messrs. Balingall, Beard, Clark of Hamilton, Crawford, Davis of Madison, Hitt, Logan, Ste

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Resolved, That Samuel J. Johnson be appointed Doorkeeper to this Convention, which was adopted.

Mr. McKenzie and Mr. Johnson were sworn by the Hon. ISAAC BLACKFORD, and proceeded to the discharge of the duties of their respective offices.

Mr. PETTIT submitted the following resolution:

Resolved, That the Doorkeeper be directed to have placed in this Hall suitable desks for the use of the Stenographers at such place and of such form as they may direct.

The resolution was adopted.

Mr. READ of Clark submitted the following resolution:

Resolved, That the Secretary confer with the Clergy of this city, and request them to make such arrangements among themselves, as that one of their number open the Convention each day with prayer.

The resolution was adopted.

Mr. PETTIT offered the following resolu

tion:

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Resolved, That three committees on the outlines of the Constitution shall be appointed by the President, to-wit:

One on the Legislative Department of the Government, whose duty it shall be to consider all matters which may be referred to it, and prepare and report provisions relative to that Department.

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"5. The election and appointment of officers of State other than Legislative or Judicial, their powers, duties and compensation.

"6. The election and appointment of all County officers, their tenure of office, powers, duties, and compensation.

"7. The Judicial Department of Government, the election of judicial officers, their tenure of office and compensation.

"8. The power of impeachment, and removal from office.

"9. The elective franchise, and the qualifications to vote and hold office.

"10. The militia and military officers.

"11. The future amendments and revision of the Constitution.

"12. The State University, County Seminaries, Education, Common Schools, and their appropriate funds.

"13. The State Bank, Currency and Banking. "14. On such parts of the Constitution as are not otherwise referred.

"15. On corporations other than Banking.

"16. On canals and other improvements, public revenue and property, public debt and the powers and duties of the Legislature in reference thereto; and the restrictions proper to be imposed on the Legislature in making loans of money on the credit of the State.

"17. On the organization of County Boards, the granting of powers of local legislation to them, and the adoption of a uniform mode of doing county and township business.

"18. On reducing to a CODE such parts of the laws of this State as may be found practicable and expedient; and also on reforming the rules and practice of the Courts of this

One on the Executive Department of the Government, whose duty it shall be to consider all matters which may be referred to it, and prepare and report provisions relative to that De-State. partment.

One on the Judicial Department of the Government, whose duty it shall be to consider all matters which may be referred to it, and prepare and report provisions relative to that Department.

Mr. BORDEN moved to strike out the resolation from the resolving clause, and insert the following:

"That a Standing Committee be appointed to consider and report on each of the following classes of subjects; and that the several parts of the existing Constitution, which relate to those subjects respectively, be also referred to

said committee.

"1. The rights and priveleges of the citizens and inhabitants of this State.

"19. On the Homestead Exemption, and on the accumulation, creation, and division of estates in lands.

"Resolved, That each committee appointed under the foregoing resolutions shall consist of -members, except the committee on the judiciary, which shall consist of—."

Mr. REED of Monroe offered the following as a substitute for both resolutions:

"That a committee of be appointed to report a plan for the business of this Convention."

Mr. KELSO opposed all three of the propositions for the present, although the last one

seemed to suit his views much better than either of the others. A committee had been appointed to draft rules for the government of this

body, and until that duty was performed, the resolutions now introduced would be premature. Mr. REED of Monroe saw nothing in the appointment of the committee on the rules that would conflict with the proposition now before the Convention.

Before the question was taken,

Mr. COOKERLY moved that the Convention adjourn until 2 P. M.

mittees. A course similar to this was pursued in the late Convention in Kentucky, held to revise and amend the Constitution of that State. A committee was raised who reported the rules and regulations, and also the standing committees. The language of the resolution introduced by him and already adopted, was very similar to the resolution adopted there. He had the official report of the debates at hand, from which he could read, if required, to show that he was not mistaken. The committee there raised was composed of thirteen members. After they had reported, the Convention took Mr. BORDEN moved that the number of the up their report; some of the committees they committee on rules as proposed by him on yes-stricken out, and their duties devolved on others proposed to raise being agreed to, and others terday, be fixed at thirteen-one from each judicial circuit-to be appointed by the Chair. The motion was agreed to.

The motion was agreed to and the Convention adjourned.

AFTERNOON SESSION.

differently designated.

Now, the proposition which he had submitted,

The Convention then resumed the considera-provided, as he had already intimated, for the tion of Mr. Pettit's resolutions and amendments pending at the time of the adjournment.

Mr. BORDEN moved to refer the resolutions and amendments to a committee of the whole

on the state of the Commonwealth.

easily be omitted. And if it was thought desirable to create any new committees, who should have charge of certain peculiar subjects which he had overlooked, that object also could be effected, by proposing resolutions to raise committees on those subjects.

formation of some committees which were perhaps unnecessary. All they had to do, however, was to go into committee of the whole, and there to discuss this question. He had no pride of opinion in this matter; and if, on discussion, it was found that any of the committees proposMr. BORDEN remarked, that the gentle-ed would be of no practical utility, they could man from Tippecanoe had offered a resolution that morning, providing for the appointment of three committees, to whom should be referred the existing Constitution of the State, for the purposes of revision and amendment. He (Mr. B.) had proposed as a substitute a projet, providing for the appointment of nineteen standing The committee on rules had been ordered to committees, to whom should be referred the consist of thirteen members, one from each juseveral articles of the present Constitution, and dicial circuit; but, if it was thought proper, the also some other matters to which no allusion number might be increased to two from each was made in the Constitution. And he thought jndicial circuit, as the committee had not yet that he could satisfy the Convention, that, under been appointed. If the Convention had deterthe circumstances in which they were then mined to send the Constitution to a committee placed, the correct course would be to refer it of only a part of this body, for distribution, he to a committee of the whole Convention, as he could not but think that the proposition of the had had the honor to propose. On yesterday a gentleman from Monroe, (Mr. Read,) to take resolution had been passed raising a committee the subject and refer it to another committee, whose business it was to draw up rules and reg-would be, in effect, to revoke the order of yesulations for the government of this body. Now, terday, authorizing the Chair to appoint the first with great deference to the judgment of others, committee. it was his opinion that upon this committee But, in his opinion, the best course now to properly devolved the duty of organizing the harmonize the views of all parties, was to refer necessary standing committees, if it was the the subject to a committee of the whole, in the design of the Convention to entrust that busimanner proposed by him. In submitting this ness to a committee of the Convention rather proposition, he had done it with great diffidence, than do it themselves. For instance, they had which arose as well from the distinguished taladopted the rules of the late House of Repre-ent by which he was surrounded, as from the sentatives of this State for their temporary gov-fact of his being deficient in legislative experiernment; and by referring to those rules, it ence, never before having been honored with a would be seen that among them there was one seat in a legislative assembly. providing for the appointment of seventeen This Convention had assembled for great and standing committees: a committee on educa-important purposes. Their action was not tion, one on corporations, one on benevolent institutions, &c., &c. Now, the resolution already adopted included these committees, for it provided that the committee having charge of the subject of preparing rules and orders for their government, should organize these com

be of a temporary character, if the work of their hands was finally approved by the people. The decisions they made to-day were not to be repealed to-morrow. On the contrary, their action would, in all human probability, affect for good or evil, the interests of millions yet un

born, who were to come after them; and as he desired it, have an opportunity to bring forward hoped and trusted, would, for countless ages to a proposition to raise a committee to enquire come, occupy this noble State. He did not de- into and report on any subject he might deem sign to detain them from the great duties be-worthy the attention of his associates in this fore them, in commenting on the magnitude of body. But if this opportunity is not now affordthe trust reposed in them by their constituents.ed, they would have, probably, proposition after It was sufficient to say, that theirs was the task proposition, down to the close of the session of of laying the corner stone for the future politi- the Convention, to raise committees to investical security of the people of Indiana, and espe- gate some matter which would and could be atcally to remove from the Constitution those tended to now if a full and free opportunity were defects which thirty-four years of experience afforded for discussion. He thought it importhad made manifest to the people. It seemed ant, that before the Constitution was referred to him that this Convention stood, as it were, to a select committee for distribution, they upon the foundations of their political organiza- should have the views of the members as to the tion, charged with the high duty of reconstruct proper distribution of the whole subject; and ing the political edifice under which they all if they thought proper, briefly their reasons for lived. And he thought it was not only proper, it. By adopting this course, they would unbut highly necessary, that even the initiatory doubtedly have a more satisfactory and proper steps which they might adopt at the commence- distribution than could be obtained in any other ment of the session, with the view of beginning way. the work before them, should be such as would tend to harmony of purpose and unanimity of action. He felt convinced, unless they all set out, not only with a desire, but with a strong determination to pursue a course of conciliation, she had already intimated, that the ConvenCon would fail to realize to the fullest extent that it could, if so disposed, the expectations of the people in convoking it. And for one, he could aver that he was not wedded to any particular plan, and only desired to pursue that course having for its object the most effectual mode of carrying out this design. Nevertheless, he had, since his arrival here, taken some pains to examine the manner of proceeding adopted in the Conventions that had been held in the different States of the Union; and he was convinced that the mode he had indicated would be attended with fewer difficulties, and productive of better results, than any other course that had been suggested.

He considered that the people had sent them there to accomplish a very important business, and the question now to be decided was, in what manner they should approach the subject -where they were to begin, and how they should progress with the revision of the Constitution. Whether they referred the Constitution to the consideration of a committee of the whole or to a select committee, as proposed by the gentleman from Monroe, (Mr. Read,) was, in his estimation, merely a question of Convenience. The matter to be decided was how they could best classify and arrange the different subjects embraced in the Constitution, and others upon which they would probably be called to act, so that each particular subject referred to its appropriate and peculiar And he respectfully submitted, that the reference of the Constitution to a committee of the whole, would tend greatly to expedite the business before them. In this committee, any gentleman upon the floor, however humble his pretensions might be, could, if he

could

committee.

The principle never to entrust to another that which they could do just as well themselves, he thought, should influence the minds of members in deciding this question. If the Convention believed they could do the work as well themselves as if it were referred to a select committee, he presumed they would prefer to do it, as he thought it would be but a poor compliment to this body to suppose that an equal, if not greater amount of intelligence and wisdom could not be found in the whole Convention than in a fractional part of it, however able and intelligent the committee might be who should be appointed under the resolution proposed by his friend from Monroe.

The committee of the whole was a mode of legislative procedure with which they were familiar, it being much used in the legislative assemblies of our country, both in the National and State legislatures; it being usual to refer bills of great importance to a committee of the whole, where they received their first consideration and discussion. Could not the Convention take up the Constitution of Indiana and refer it to a committee of the whole, and in that committee act upon it, in the same manner that the House of Representatives of the Union acts on the President's message, and as both branches of our State legislature do on the Governor's message? The first article respecting the rights and privileges of the citizens and inhabitants of this State usually called the "Bill of Rights," could be read and then a resolution offered that so much of the Constitution as related to that subject be referred to a committee. So with reference to the remaining articles and subdivisions of the Constitution; and if any gentleman was desirous of having any particu lar subject investigated, not in the present Constitution, he had only to move the formation of a committee to have charge of that special subject. Thus the various topics embraced in the Constitution could be dissected, if he might be allowed the use of the expression, arranged in

proper order, and by the committee of the whole would be attached to these three committees. reported to the Convention, and when the Con- Now if this grand committee was to be appointvention had agreed to the report, it would thened, he would ask, what was this Convention to

refer the various subjects to appropriate committees.

be engaged in while that committee was deliberating! Must they sit there with their arms folded, meeting only to adjourn until this committee was ready to report. A sense of duty to his constituents, constrained him to oppose both propositions, as he desired to begin to-day the work they were sent to execute.

It would be recollected by gentlemen conversant with the constitutional history of the country from which they derived their language, and, to a great extent, their laws, institutions, and modes of parliamentary procedure, that the great legislative contest fought there between There was another subject to which he would the friends of freedom and slavery, was in com- allude before he took his seat, as it might save mittee of the whole, then termed the Grand him the trouble of rising again to speak on the Committee of Supplies. And he could not but matter, and that was in regard to the manner of consider such a mode of procedure as one wor-constituting these committees to whom the thy of attention and respect, not only because Convention should order the several subjects to of its antiquity, but for the good it had accom- be referred. After the committee of the whole plished. For what purpose, he would enquire, had reported sundry resolutions to the Convenhad the people of Indiana, more than a year tions distributing the various parts of the Consince, by an overwhelming vote, called this stitution to different committees, and this body Convention? Was it to be supposed that they had agreed to the report, the question would had convoked this assembly merely for the pur- naturally arise how the committees should be pose of making one or two slight alterations in constituted. In the Convention that formed the organic law of the State Certainly not. the present State Constitution, there were He believed that important reforms were need- { twelve standing committees raised, but the State ed in that instrument, and as in a committee of had increased in all her great interests, to such the whole, there was more freedom of debate an extent, as in his opinion to render it necessaand action, and less restraint of parliamentary ry to raise some six or seven more committees forms and usages, he believed by letting it take than was then deemed necessary. He proposthat course every gentleman in the Conventioned to organize nineteen standing committees, would have an opportunity of showing to what extent, in the way of reform, his constituents desired him to go.

and to add a sufficient number of members to each committee to embrace in their deliberations every member of the Convention. His reasons for this was that he presumed there were some members of this body, who, like himself, never having had the honor of a seat in a deliberative body, were conseqently, young and unfledged in the business of legislation. And even of those who might have heretofore served in our State Legislature, there probably were some who, though men of clear heads and sound principles, yet might not possess what was usually termed a talent for public speaking, and, unless they were placed on some of the committees, we shall loose the benefit of their intelligence and counsel in fram

Another advantage resulting from the projet he had suggested, was, that the several subjects before them would receive a two-fold consideration, being first considered in committee of the whole and then in the Convention. Propositions would not only be freely offered, but with great freedom discussed; and they should obtain what was much to be desired, an open and free comparison of opinion. Thus, when they returned into Convention to act on the matter, they would understand each others' views much better than in any other mode they could adopt. If there was any evil to be deplored, it was that of hasty action, and this course would obviateing the Constitution. This feature in the or

it to some extent.

Let his suggestion be adopted, and they could commence, at once, the work they were sent there to perform.

ganization of the committees he regarded as of paramount importance. It was a position every member was entitled to occupy, and the advantage was thereby gained of the entire wisdom and prudence of the whole body being directed the consideration of the subject before them. He apologized to the Convention for having so long and, perhaps, so unnecessarily, occupied their time, and observed he did not expect to occupy much of their time in debate, and would trouble them with as few propositions, as were consistent with the interest of those he was sent to represent.

He had heard it intimated since he had been here, that there was a proposition to be submitted by a distinguished gentleman on this floor, to raise a select committee of this body, to consist of some twenty-five or more members, to whom was to be entrusted the entire business of framing a new Constitution, and reporting it to this Convention; and the proposition now under consideration, and which he had moved to amend, proposed to raise only three committees, Mr. T. SMITH observed that he did not one on each of the great departments of gov- profess to understand much about legislative ernment; and he presumed should it be adopt-proceedings, or the necessary rules for the goved, not more than one-third of the members ernment of legislative bodies-never having

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