REPORT OF THE DEBATES AND PROCEEDINGS OF THE CONVENTION FOR THE REVISION OF THE CONSTITUTION OF THE STATE OF INDIANA. 1850 H. FOWLER, OFFICIAL REPORTER TO THE CONVENTION. INDIANAPOLIS, IND., THE CONVENTION. REPORTED FOR THE CONVENTION H. FOWLER, CHIEF REPORTER. 1 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 Constitution 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-JONATHAN HARBOLT. Blackford, Jay and Randolph-NATHAN B. C. KENDALL. Blackford and Jay-DIXON MILLIGAN. 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. 7383 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. Clark-JAMES G. READ, THOMAS W. GIBSON and JACOB FISHER. Clay-FRANCIS B. YOCUM. Daviess-ELIAS S. TERRY. Dearborn-WILLIAM S. HOLMAN, JOHNSON WATTS and JонN D. JOHNSON. 802531 Decatur-JAMES B. FOLEY and JOSEPH Rоь INSON. Dubois-BENJAMIN R. EDMONSTON. Fayette-Ross SMILEY and WILLIAM W. THOMAS. Floyd-PHINEAS M. KENT and HENRY P. THORNTON. Fountain-JOSEPH COATS and JOSEFH RIS TINE. Sullivan-BENJAMIN WOLFE. Tippecanoe-JOEL B. MCFARLAND, JOHN PET- Union-BENJAMIN F. BROOKBANK. Vigo-CROMWELL W. BARBOUR, GRAFTON Warren-JAMES R. M. BRYANT. 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. TAYLOR of Laporte, Hovey of Posey, and THE ORGANIZATION. The SECRETARY OF STATE now anMOWRERnounced that a quorum of the Convention was present, and ready to proceed to the businesss of organization, according to the pleasure of the Jefferson-MILTON GREGG, MICHAEL G. BRIGHT Convention. and WILLIAM M. DUNN. Jennings-JOHN L. SPANN. Johnson-FRANKLIN HARDin. Knox-JAMES DICK and WILLIS W. HITT. Kosciusko-JAMES GARVIN. Lagrange-JOHN B. HOWE. 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. 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 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 and nays. Mr. KILGORE demanded the yeas Mr. CHAPMAN suggested that there was no rule under which the yeas and nays could be taken. 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. upon Mr. MORRISON, of Marion, said, he was very sorry that any discussion should arise 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 time than for the Secretary to take the mere passive vote proposed in the amendment. 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 votes, 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 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. PETTIT opposed the amendment. He could not think that gentlemen were seriously disposed to go into the election of all the 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, |