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J I King ham

THE CONVENTION.

REPORTED FOR THE CONVENTION.

H. FOWLER, CHIEF REPORTER.

MONDAY, Oct. 7, 1850.

The Convention assembled in the Hall of the House of Representatives, at 10 o'clock, A. M., and was called to order by the Hon. CHARLES H. TEST, Secretary of State, in pursuance of an act of the last General Assembly, to provide for the call of a Convention of the People of the State of Indiana, to revise, amend, or alter, the Constitution of said State.

The names of the members of the Convention being called over by the Hon. CHARLES H. TEST, Secretary of State, by Senatorial Districts and Counties, the following gentlemen appeared, and the oath to support the Constituton of the United States, and, to the best of their ability respectively, to perform the duties of their office as Delegates to this Convention, was administered to them by the Hon. ISAAC BLACKFORD, a Judge of the Supreme Court of the State:

From the district of Allen, Adams and Wells -JAMES W. Borden.

Bartholomew and Jennings-HIRAM PRA

THER.

Benton, Jasper, Pulaski and White-JONA THAN HARBOLT.

Blackford, Jay and Randolph-NATHAN B.
HAWKINS.

Blackford and Jay-DIXON MILLIGAN.
Carroll and Clinton-HIRAM ALLEN.
Cass, Howard and Pulaski-HORACE P. BID-

DLE.

Cass and Howard-GEORGE A. GORDEN. Clinton and Tipton-CORNELIUS J. MILLER and STEPHEN SIMS.

DeKalb, Noble and Steuben-ROBERT WORK.
DeKalb and Steuben-EDWARD R. MAY.
Dubois, Gibson and Pike-SMITH MILLER.
Elkhart and Lagrange-JOSEPH H. MATHER.
Fayette and Union-DANIEL TREMBLY.
Grant and Delaware-WALTER MARCH.

'Hancock and Madison-THOMAS. D. WAL

POLE.

Huntington, Kosciusko and Whitley-ELIAS MURRAY.

Huntington and Whitley-JACOB WONDER

LICH.

Jackson and Scott-JOHN F. CARR.
Lake, Laporte and Porter-SAMUEL I. AN-

THONY.

Lake and Porter-DANIEL CRUMBACKER.
Marshall, Fulton and St. Joseph-HUGH MIL-

LER.

Marshall, Fulton and Stark-AMZI L. WHEE

LER.

Miami and Wabash-HARRISON KENDALL.
Monroe and Brown-DANIEL READ.
Ohio and Switzerland-ABEL C. PEPPER and
DANIEL KELSO.

Orange and Crawford-WILLIAM F. SHER

ROD.

Owen and Green-DAVID M. DOBSON. Parke and Vermillion-OLIVER P. DAVIS. Perry, Spencer and Warrick-JOHN P. DUNN Posey and Vanderburg-JAMES LOCKHART. Sullivan, Clay and Vigo-WILLIAM R. HADDON.

Warren, Benton, Jasper and White-ROBT. C. KENDALL.

Wells and Adams-ERASTUS K. BASCOM.
County of Allen-ALLEN HAMILTON.

Bartholomew-ZACHARIAH TANNEHILL.
Boone-MARK A. DUZAN and WILLIAM Mc-

LEAN.

Brown-SHADRACH CHANDLER.
Carroll-ROBERT H. MILROY.

Clark-JAMES G. READ, THOMAS W. GIBSON and JACOB FISHER.

Clay-FRANCIS B. YOCUM.
Crawford-SAMUEL PEPPER.
Daviess-ELIAS S. TERRY.

Dearborn-WILLIAM S. HOLMAN, JOHNSON

WATTS and JOHN D. JOHNSON.

Decatur-JAMES B. FOLEY and JOSEPH ROB

INSON.

Dubois-BENJAMIN R. EDMONSTON.
Delaware-DAVID KILGORE.
Elkhart-WALTER E. BEACH.

Fayette-Ross SMILEY and WILLIAM W.

THOMAS.

Floyd-PHINEAS M. KENT and HENRY P. THORNTON.

Fountain-JOSEPH COATS and JOSEPH RIS

TINE.

Sullivan-BENJAMIN WOLFE.

Tippecanoe-JOEL B. MCFARLAND, JOHN PET--
TIT and OTHNIEL L. CLARK.

Union-BENJAMIN F. BROOKBANK.
Vermillion-THOMAS CHENOWITH.
Vigo-CROMWELL W. BARBOUR, Grafton
F. COOKERLY and THOMAS I. BOURNE.
Wabash-WILLIAM STEELE.

Warren-JAMES R. M. BRYANT.
Warrick-CHRISTOPHER C. GRAHAM.
Washington-JOHN I. MORRISON, EZEKIEL

Franklin-GEORGE BERRY, SPENCER WILEY D. LOGAN and RODOLPHUS SCHOONOVER.

and GEORGE G. SHOUP.

Gibson-SAMUEL HALL.

Grant-BENONI C. HOGIN.

Green-THOMAS BUTLER.

Wayne-JOHN S. NEWMAN, JAMES RARIDEN,, OTHNIEL BEESON and JOHN BEARD.

The Delegates were all present but Messrs. JONES of Bartholomew, CONDUIT of Morgan,

Hamilton-ALBERT COLE and HAYMOND W. COLFAX of St. Joseph, RITCHEY of Johnson,

CLARK.

Hancock-GEORGE TAGUE.

Harrison-JOHN ZENOR and JOHN MATHES.
Hendricks-HENRY G. TODD and CHRISTIAN

C. NAVE.

TAYLOR of Laporte, Hovey of Posey, and
BLYTHE of Vanderburgh.

THE ORGANIZATION.

The SECRETARY OF STATE now an

Henry-ISAAC KINDLEY, DANIEL MOWRER nounced that a quorum of the Convention was

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Laporte-JOHN B. Niles.

Mr. OWEN offered for adoption the following resolution:

Resolved, That this Convention now proceed to elect a President by viva voce vote.

The question having been announced by the Secretary of State

Mr. PETTIT proposed the following as a

Lawrence-GEORGE W. CARR and MELCH-substitute for the resolution of the gentleman ERT HELMER.

Madison-JOHN DAVIS.

Marion-ALEXANDER F. MORRISON, DAVID
WALLACE, DOUGLASS MAGUIRE and JACOB P.
CHAPMAN.

Martin-THOMAS GOOTEE.
Miami-JOHN A. GRAHAM.

Monroe-WILLIAM C. FOSTER, Sr.

from Posey:

Resolved, That GEO. W. CARR, Delegate from the county of Lawrence, be chosen President of this Convention.

Mr. OWEN accepted the substitute.

Mr. BORDEN said, he saw by this proceeding that the Convention was likely to get into a difficulty at once, and inasmuch as they had

Montgomery-HENRY T. SNOOK, DAVID A. adopted no rules for their government, it occur

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red to his mind that the only way by which the body could come to an understanding and a decision of the matter, would be to act directly upon the question of the adoption of the original resolution.

Mr. PETTIT said, he saw no difficulty in the way. The Secretary of State was authorized by law to organize the Convention, and the next step to be taken was the election of a President.

The question being upon the adoption of the substitute

Mr. KILGORE demanded the yeas and nays. Mr. CHAPMAN suggested that there was no rule under which the yeas and nays could

Rush-JESSE MORGAN, JEFFERSON HELM be taken. and WILLIAM A. BRACKEN.

Scott-HEZEKIAH S. SMITH.

Mr. RARIDEN said, he did not wish to precipitate business. He thought the original

Shelby-THOMAS A. HENDRICKS and JAMES proposition offered by the gentleman from Po

VANBENTHUSEN.

Spencer-WILLIAM HUFF.

sey, (Mr. Owen,) would meet the wishes of the whole Convention, unless, perhaps, some gen

tleman might object to the manner prescribed for the election-by a viva voce vote. If gentlemen were opposed to this manner of voting, the words might be readily stricken out.

Mr. STEVENSON said, he had no objection to Mr. CARR going into the Chair of the Convention, but he would suggest that as the usual mode of electing the officers of deliberative bodies of this State was by ballot, it might perhaps, be the better way for the gentleman to withdraw the proposition.

Mr. PETTIT said, he understood that his amendment had been accepted.

The SECRETARY OF STATE observed, that the amendment was accepted by the gentlemanfrom Posey.

of the State was organized. He maintained that the proposition of the gentleman from Posey (Mr. Owen) was a fair proposition; it was common in the Legislature of the State and well understood by all. Whatever preference for this office gentlemen might entertain, could be as well expressed in this as in any other way.

Mr. STEELE said, if it was in order, he would move to amend the substitute by striking out all after the word resolved, and inserting the proposition of the gentleman from Po

sey.

Mr. PETTIT said, that in order to give entire satisfaction to gentlemen on all sides, especially to those gentlemen who were desirous of recording their votes, he would withdraw his amendment.

The amendment was withdrawn accordingly. Mr. KILGORE proposed to amend the resolution by adding the words: "and that all other officers of this Convention be elected in the

same manner."

Mr. MORRISON, of Marion, said, he was very sorry that any discussion should arise upon such a question. He was in favor of the proposition as originally submitted,before the amendment was accepted, and the reason why he was in favor of the original proposition was this: if the Convention should now go into a viva voce vote, it would require but little more Mr. PETTIT opposed the amendment. He time than for the Secretary to take the mere could not think that gentlemen were seripassive vote proposed in the amendment.-ously disposed to go into the election of all the Should the resolution of the gentleman from Tippecanoe be adopted, Mr. CARR would be the President of the Convention-to all of which he was agreed; but if the original resolution was adopted each gentleman could vote for whom he pleased, and in this way gentlemen could give either complimentary votes or elective Totes, as they should see proper.

Mr. OWEN said, that to save time he would withdraw the proposition as amended, and offer again the original resolution.

Mr. PETTIT also re-offered the substitute which he had before proposed. By the adoption of his proposition, he said, there would be but one vote and Mr. CARR would be President of the Convention—which would be the result of any vote that might be taken; but if the original resolution was adopted, the names of all the members would have to be called over to ascertain the vote.

'Mr. KELSO said, he understood that the question was now upon the adoption of the amendment. He did not agree with the gentleman from Tippecanoe, (Mr. Pettit,) that it would be better that there should be but one vote for this officer. For himself, however, he declared that he stood ready to vote for GEO. W. CARR-he intended to vote for him, but he was opposed to his appointment by resolution in this way. He was willing to vote for the first resolution, but if the amendment prevailed he should vote against it.

Mr. SPANN observed, that this was a mere matter of form; but upon examination of the law, with reference to the organization of this Convention, he found that it was expressly provided that the organization should be effected in the manner in which the General Assembly

assistant Door-keepers, the fire makers, and laborers that were necessary about the House, at this time.

The amendment of the gentleman from Delaware (Mr. Kilgore) was withdrawn, and the question being taken, the resolution of the gentleman from Posey (Mr. Owen) was adopted.

Mr. BORDEN said, that the Convention having decided to go now into the election of a President, he would take the liberty of proposing the name of Hon. GEO. W. CARR, one of the delegates from the county of Lawrence, for that station. In doing so, he desired to be allowed to say that the dignity and impartiality with which that gentleman had presided over the House of Representatives, of this State, for the last two sessions of that body, was a sufficient guarantee, that, by placing him in the Chair, the Convention would secure the services of a presiding officer well qualified for the station, and in every way worthy of it.

Then the roll being called by the Secretary of State it was ascertained that the whole number of members voting was 140-71 being necessary to constitute a majority.

The Secretary of State announced that Mr. GEO. W. CARR had received 134 votes (scattering 6)—as follows:

AYES. Messrs. Allen, Anthony, Badger, Balingall, Barbour, Bascom, Beach, Beard, Beeson, Berry, Bicknell, Biddle, Borden, Bourne, Bowers, Bracken, Bright, Brookbank, Bryant, Butler, Carr of Jackson, Carter, Chandler, Chapman, Chenowith, Clark of Tippecanoe, Coats, Cookerly, Crawford, Davis of Madison, Davis of Parke, Davis of Vermillion, Dick, Dobson, Dunn of Jefferson, Dunn of Perry,

Mr. PETTIT said, that in consequence of the amount of business which it was desirable should be done out of doors, he would move that the Convention do now adjourn until to-morrow {morning at 9 o'clock.

Mr. KILGORE desired to amend the motion by striking out the words "to-morrow morning at 9 o'clock," and inserting the words "two o'clock this afternoon." He was proceeding to offer a reason for this modification, whenThe PRESIDENT interposed, and stated to the gentleman from Delaware, that the prop

Duzan, Edmonston, Farrow, Fisher, Foley, Foster, Frisbie, Garvin, Gibson, Gootee, Gordon, Graham of Miami, Graham of Warrick, Hall, Hadden, Holliday, Hamilton, Hardin, Helmer, Hendricks, Hiatt, Hogin, Holman, Huff, Johnson, Kelso, Kent, Kendall of W., Kendall of Warren, Kilgore Kindley, Lockhart, Logan, Maguire, March, Mather, Mathis, May, McClelland, 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, Newman, Niles,osition was not debatable. Nofsinger, Owen, Pepper of Ohio, Pepper of Mr. KILGORE contended that this motion Crawford, Pettit, Prather, Rariden, Read of to adjourn was debatable, because the ConClark, Read of Monroe, Ristine, Robinson,vention had not yet adopted rules-and being Schoonover, Sherrod, Shoup, Sims, Smiley, without any rules of government, anything Snook, Smith of Ripley, Smith of Scott, and everything was in order. Spann, Steele, Stevenson, Tague, Tannehill, Terry, Thomas, Thornton, Trembly, Vanbenthusen, Wallace, Walpole, Watts, Wheeler, Wiley, Wolf, Work, Wunderlich, Yocum and Zenor-134.

The following gentlemen voted blanks, viz: Messrs. Clark of Hamilton, Cole, Hawkins, Helm, Howe, and Todd-6.

Mr. GEO. W. CARR, a delegate from the county of Lawrence, was therefore declared to be duly elected to the office of President the Convention.

On motion by Mr. BORDEN it was Ordered, That a committee of two be appointed to wait upon the President, and conduct him to the Chair.

The SECRETARY of STATE, accordingly pepointed Messrs. BORDEN of Allen, and SMITH of Ripley, and this service being performed by them

Mr. BORDEN called the gentleman from Delaware (Mr. Kilgore) to order.

Mr. KILGORE having taken his seat, The PRESIDENT requested the gentleman from Allen (Mr. Borden) to reduce his point of order to writing.

Mr. BORDEN said, that a motion to adjourn from day to day was not debatable. In reply to the argument of the gentleman from Delaware, that the Convention had no rules to govofern their proceedings, he affirmed that the lex Parliamentaria was in force, and was the rule to govern the proceedings of every deliberative body in the country until such body had adopted rules for its own government; that the lex Parliamentaria was as much the law to govern the proceedings of any deliberative body, as the common law was applicable to the government of proceedings of the courts of law. It was true that when any legislative body had adoptThe PRESIDENT rose and said :ed rules to govern its proceedings, those rules GENTLEMEN: I rise to tender to you my sin-necessarily superseded the general parliamentcere and grateful acknowledgements for the ary rules in all cases wherein they conflicted. distinguished honor you have confered upon But this body, not having as yet adopted any me in electing me to preside over this Conven-rules for its government, was necessarily govtion. The memory of your partiality and this erned by usages applicable to all deliberative evidence of your confidence, will be carefully bodies. For these reasons, inasmuch as the cherished by me to the latest period of my life. motion was clearly not debatable, he called GENTLEMEN, you are assembled here for the the gentleman to order. discharge of high and important duties; and Mr. KILGORE said, he was aware that the the fact that you have been selected by the gentleman on his left (Mr. Borden) understood people for the performance of those duties, is parliamentary law very well. He doubted not a sufficient guarantee to me, that your inter- that that gentleman had been studying this course with each other will be constantly branch of knowledge very diligently during the marked by that high-minded and liberal bear-whole of last summer. But the gentleman ing which everwhere distinguishes a free people. misunderstood his proposition. He had not ofIn entering upon the discharge of the duties fered a proposition for adjournment, but simply of this place, I cannot but distrust my ability to to amend the proposition of the gentleman from meet your expectations; but I shall throw my-Tippecanoe. He now desired simply to say to self upon your indulgence, and shall rely much upon the hope that I shall be constantly aided by your own wise counsel and experience.

his experienced friend from Tippecanoe, that he would like himself to know something about this informal business out of doors, to which the With these assurances I accept the office to gentleman alluded. He threw himself upon which you have called me, and promise, as far the kind indulgence of that gentleman, and inas my ability will permit, a faithful and fairsisted that he should permit those who were discharge of its duties. not so much experienced-the within-door

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