1816 Convention Journal - June 24 - June 29, 1816
MONDAY MORNING, Nine o'clock, June 24, 1816.
Convention met pursuant to adjournment.
Mr. Floyd, from the committee on the subject of a change of government, and preserving the existing laws, until repealed by the state legislature, and providing for appeals from the territorial courts to the state courts, made the following report, to wit:--
Sec. 1. That no evils or inconvenience may arise from the change of a territorial government to a permanent state government, it is declared by this convention, that all rights, suits, actions, prosecutions, recognizances, and contracts, both as it respects individuals, and bodies corporate, shall continue as if no change had taken place in this government.
Sec. 2. All fines, penalties, and forfeitures, due and owing to the territory of Indiana, shall inure to the use of the state; all bonds executed to the governor, or any other officer, in his official capacity in the territory, shall pass over to the governor, or other officers of the state, and their successors in office, for the use of the state, or by him or them to be respectively assigned over to the use of those concerned, as the case may be.
Sec. 3. The governor, secretary, and judges, and all other officers, both civil and military, under the territorial government, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this constitution.
Sec. 4. All laws, and parts of laws, now in force in this territory, not inconsistent with this constitution, shall continue and remain in full force and effect until repealed by the legislature.
Sec. 5. The governor shall use his private seal until a state seal be procured.
Sec. 6. The governor, secretary of state, auditor of public accounts, and treasurer, shall severally reside and keep all the public records, books, and papers, in any manner relating to their respective offices, at the seat of government: Provided notwithstanding, That nothing herein contained shall be so construed as to effect the residence of the governor, for the space of six months, and until buildings suitable for his accommodation shall be procured at the expense of the state.
Sec. 7. All suits, pleas, plaints, and other proceedings, now depending in any court of record or justices court, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, injunction, or other proceedings whatever, shall progress and be carried on in the respective court or courts, in the same manner as is now provided by law, and all proceedings had therein in as full and complete a manner as if this constitution had not have been adopted.
Sec. 8. The president of this convention shall issue writs of election, directed to the several sheriffs of the several counties, requiring them to proceed to the election of a governor, lieutenant-governor, members of the general assembly, sheriffs, and coroners, at the respective election districts, in each county, on the ____ day of _______; which election shall be conducted in the manner prescribed by the existing election laws of the Indiana territory; and the said governor, lieutenant-governor, members of the general assembly, sheriffs, and coroners, then duly elected, shall continue to exercise the duties of their respective offices for the time prescribed by this constitution, or until the next annual, biennial, triennial, elections, as particularly directed by this constitution, and no longer.
Sec. 9. Until the first enumeration shall be made as directed by this constitution, the county of Wayne shall be entitled to one senator and two representatives; the county of Franklin, to one senator and three representatives; the county of Dearborn, one senator and two representatives; the county of Switzerland, one representative; and the county of Jefferson and Switzerland, one senator; and the county of Jefferson, two representatives; the county of Clark, one senator and two representatives; the county of Harrison, one senator and two representatives; the counties of Washington, Orange, and Jackson, one senator, and each of the said counties of Washington, Orange, and Jackson, one representative; the county of Knox, one senator and three representatives; the county of Gibson, one senator and two representatives; the counties of Posey, Warrick, and Perry, one senator; and each of the aforesaid counties of Posey, Warrick, and Perry, one representative.
On motion,
The same was referred to a committee of the whole, and made the order of the day for to-morrow.
Mr. Noble, from the committee on the subject of banks, and banking companies, made the following report, to wit:
Sec. 1. There shall not be established or incorporated in the state, any bank or banking companies, or monied institutions, for the purpose of issuing bills of credit, or bills payable to order or bearer; Provided, That nothing herein contained shall be so construed as to prevent the general assembly from establishing a state bank, and branches of said bank: Provided also, That the bank at Vincennes, and the Farmers' and Mechanics' bank of Indiana, at Madison, shall be considered as incorporated banks, according to the true tenor of the charters granted to said banks by the legislature of the Indiana territory.
And on motion,
The said report was referred to a committee of the whole convention, and made the order of the day for to-morrow.
On motion of Mr. Ferris,
The convention resolved itself into a committee of the whole on the article relative to general provisions, Mr. Scott in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Scott reported, that the committee had, according to order, had the said article under consideration, had made some amendments to the same, which he handed in at the secretary's table, where they were read and concurred in by the convention.
The amendments made in committee of the whole are as follows, to wit:--
The fourth section of said article was amended, by striking out of the fourth line of the same, the following words, to wit: "by the general assembly."
The said article was again amended, by striking out of the third and fourth lines of the sixth section, the words "trustees of towns," and inserting in lieu thereof, these words, "the trustees of the town of Clarksville excepted."
The seventh section of said article was also amended, by striking out after the word "convicted," in the fourth line, these words, "nor shall any male person, arrived at the age of twenty-one years, nor female person, arrived at the age of eighteen years, be held to serve any person as a servant, under pretence of indenture or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration received, or to be received, for his or her service, except as before excepted."
The said seventh section was further amended, by striking out after the word "state," in the sixteenth line, these words, "neither shall any indenture of any negro or mulatto, hereafter made within the state, be of the least validity, except in the case of apprenticeships." The said article was further amended, by adding thereto, a ninth section, as follows:--
"No new county shall be established by the general assembly, which shall reduce the county or counties, or either of them from which it shall be taken, to less contents than four hundred square miles; nor shall any county be laid off of less contents."
On motion,
Ordered, That the said article be engrossed for a second reading on to-morrow.
On motion,
Convention adjourned till two o'clock P.M.
Two o'clock P.M.
Convention met pursuant to adjournment.
On motion,
The engrossed bill relative to the judiciary was taken up and read the second time.
Mr. Robb then moved to strike from the third line of the third section of said article, these words, "the state shall be divided by law into three circuits," and to insert in lieu thereof, these words, "the general assembly shall, from time to time, divide the state into circuits, as exigencies may require.
On this question, the yeas and nays being demanded by Mr. Robb those who voted in the affirmative, are--
Messrs. Boone, De Pauw, Devin, Graham, (of Washington,) Lane, Lemon, Polke, (of Perry,) Robb, Shields, Smith--10.
Those who voted in the negative, are--
Messrs. Beard, Benefield, Brownlee, Badollet, Cox, Cull, Cotton, Carr, Dill, Eads, Ferris, Floyd, Graham, (of Clark,) Holman, Hanna, Nathaniel Hunt, Johnson, McCarty, Manwaring, Milroy, McIntire, Maxwell, Lowe, Lynn, Noble, Polke, (of Knox,) Parke, Pennington, Rapp, Scott, Smock, Jennings, president--32.
So it was determined in the negative.
Mr. Robb then moved to strike out of the sixth section of said article, after the word "sessions," in the first line, these words "at the seat of government," and insert these words after the word "times" in the second line, "and places."
The years and nays being, on this question, demanded by Mr. Robb, those who voted in the affirmative, are--
Messrs. Graham, (of Washington,) Ferris, Nathaniel Hunt, Hanna, Manwaring, Milroy, Robb, Smith--8.
Those who voted in the negative, are
Messrs. Boone, Beard, Benefield, Brownlee, Badollet, Cox, Cull, Cotton, Carr, De Pauw, Dill, Devin, Eads, Floyd, Graham, (of Clark,) Holman, Johnson, Lane, Lemon, Lowe, Lynn, McCarty, McIntire, Maxwell, Noble, Polke, (of Perry,) Polke, (of Knox,) Parke, Pennington, Rapp, Smock, Scott, Shields, Jennings, president--34.
So it was determined in the negative.
Mr. Hanna moved to add a thirteenth section to said article, as follows, to wit:
Provided, however, That the operation of the supreme court, provided for in this article, shall be suspended until the year eighteen hundred and twenty; and until that time it shall be the duty of the presiding judges of the circuit courts, to hold a court of errors and appeals at the seat of government, and at such other places as the legislature may from time to time prescribe, under such rules and regulations as the said article provides for the holding the supreme court aforesaid.
On this motion, the yeas and nays being demanded by Mr. Hanna, those who voted in the affirmative, are--
Messrs. McCarty, Milroy, De Pauw, Ferris, Hanna, Noble, Robb, Smith--8.
Those who voted in the negative, are--
Messrs. Boone, Beard, Benefield, Brownlee, Badollet, Cox, Cull, Cotton, Carr, Dill, Devin, Eads, Floyd, Graham, (of Clark,) Holman, Nathaniel Hunt, Johnson, Lane, Lemon, Lowe, Lynn, Manwaring, McIntire, Maxwell, Parke, Polke, (of Perry,) Polke, (of Knox,) Pennington, Rapp, Smock, Scott, Shields, Jennings, president--33.
And so it was determined in the negative.
On motion,
Ordered, That the convention do now adjourn till to-morrow morning eight o'clock.
TUESDAY MORNING, June 25, 1816.
Convention met pursuant to adjournment.
Mr. Parke from the committee of revisions, reported that the committee had, according to order, had articles numbered one, two , three, four, five, under their consideration; had made some amendments to the same, some of which he stated, and which, as stated, were concurred in by the convention.
Convention then proceeded further to consider the amendments of he committee aforesaid, as made to the said articles.
Mr. Johnson moved to fill up the first blank in the twenty-fifth section of the article, relative to the legislative department, with the words "November, 1817." It was further moved to insert "November next."
On this question, the yeas and nays being demanded by Mr. Johnson, and previous to the calling of the same the further consideration of said article was postponed till to-morrow.
On motion of Mr. Eads,
Ordered, That an additional section, numbered twenty-seven, be added to the article relative to the executive department, as follows, to-wit:
"There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called the seal of the state of Indiana."
Mr. Robb then moved to strike out of the first line of the second section of the article relative to the judiciary, these words, "three judges," and insert in lieu thereof, these words, "one or more judges, as the general assembly shall from time to time prescribe by law."
On this proposed amendment, the yeas and nays being demanded by Mr. Robb, those who voted in the affirmative are,
Messrs. Boone, Brownlee, De Pauw, Floyd, Graham, (of Washington,) Hanna, Lane, McCarty, Manwaring, Milroy, McIntire, Maxwell, Noble, Robb, Smith, Shield--16.
Those who voted in the negative, are--
Messrs. Beard, Benefield, Badollet, Cox, Cull, Cotton, Carr, Dill, Devin, Eads, Ferris, Graham, (of Clark,) Holman, Nathaniel Hunt, Johnson, Lowe, Lynn, Polke, (of Perry,) Polke, (of Knox,) Parke, Pennington, Rapp, Smock, Scott, Jennings, president--25.
So it was determined in the negative.
On motion,
Ordered, That the articles one, two, four, five, with the amendments thereto, be engrossed for a third reading on Thursday next.
Convention then resolved itself into a committee of the whole on the article relative to banks and banking companies, Mr. Parke in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Parke reported, that the committee had, according to order, had the said article under consideration, had made some amendments to the same--which he handed in at the secretary's table, where they were again read, and concurred in by the convention.
Mr. Scott from the committee relative to education, &c, made the following report, to wit:
ARTICLE.
Sec. 1. Knowledge and learning generally diffused through a community, being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country being highly conducive to this end, it shall be the duty of the general assembly to provide by law, for the improvement of such lands as are or hereafter may be granted by the United States to this state, for the use of schools, and to apply any funds which may be raised from such lands, or from any other quarter, to the accomplishment of the grand object for which they are or may be intended. But no lands granted for the use of schools, shall be sold by the authority of this state, prior to the year ________________ and the monies which may be raised out of the sale of any such lands, or otherwise obtained, for the purposes aforesaid, shall be and remain a fund, for the exclusive purpose of promoting the interest of literature and the sciences, and for the support of seminaries and public schools. The general assembly shall, from time to time, pass such laws as shall be calculated to encourage intellectual, scientifical, and agricultural, improvement, by allowing rewards and immunities for the promotion and improvement of arts, sciences, commerce, manufactures, and natural history; and to countenance and encourage the principles of humanity, honesty, industry, and morality.
Sec. 2. It shall be the duty of the general assembly, as soon as circumstances will permit, to provide by law for a general system of education, ascending in a regular gradation, from township schools to a state university, wherein tuition shall be gratis, and equally open to all.
Sec. 3. And for the promotion of such salutary end, the money which shall be paid as an equivalent by persons exempt from militia duty, shall be exclusively, and in equal proportion, applied to the support of county seminaries; also, all fines assessed for any breach of the penal laws, shall be applied to the said seminaries, in the counties wherein they shall be assessed.
Sec. 4. It shall be the duty of the general assembly, as soon as circumstances will permit, to form a penal code, founded on the principle of reformation, and not of vindictive justice; and also to provide one or more farms, to be an assylum for those persons, who by reason of age, infirmity, or other misfortunes, may have a claim on the aid and beneficence of society, on such principles, that such persons may therein find employment, and every reasonable comfort, and lose by their usefulness, the degrading sense of dependence.
Sec. 5. The general assembly shall cause at least ten per cent to be reserved out of the proceeds of the sales of town lots, in the seat of justice of each county, for the use of a public library, for such county; and at the same session, they shall incorporate a library company, under such rules and regulations as will best secure its permanence, and extend its benefits.
And on motion,
Ordered, That the said article be read a second time to-morrow.
On motion,
Convention adjourned till two o'clock P. M.
TWO o'clock P. M.
Convention met pursuant to adjournment.
Mr. Parke, from the committee of general revisions, reported, that the committee had, according to order, had under their consideration, articles numbered six, seven, eight, and nine, had made some amendments to the same, which he handed in at the secretary's table, where they were again read, and concurred in by the house.
On motion,
Ordered, That the said articles be engrossed for a third reading on Thursday next.
The convention resolved itself into a committee of the whole on the article relative to a change of government, &c. Mr. Floyd in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Floyd reported, that the committee had, according to order, had the said article under consideration, had made some progress in the same.
And on motion,
Ordered, That leave be given to sit again.
On motion,
Ordered, That the convention do now adjourn till to-morrow morning eight o'clock.
WEDNESDAY MORNING, June 26, 1816.
Convention met pursuant to adjournment.
Mr. Ferris, from the committee appointed on the memorial of the citizens of Louisville, reported as follows, to wit:--
Mr. PRESIDENT--Your committee to whom was referred the letter and memorial of the citizens of Louisville, (Ky.) upon the subject of petitioning the President and Directors of the bank of the United States, to establish a branch in said town, feel a full conviction of the justness of their claim from the superior advantage they possess, in a commercial point of view, over any other town in Kentucky. But they are of opinion, it would be improper for this convention to interfere in a local question, in which the interest and feeling of the citizens of two large towns, in a neighbouring state, are so deeply involved.
And on motion,
The convention concurred in the said report.
On motion of Mr. Cotton,
The convention now proceeded to consider the article relative to the legislative department, postponed on yesterday.
Mr. Cotton moved to amend the twentieth section of said article, by adding thereto these words, "Provided, That nothing in this constitution shall be so construed as to prevent any member of the first session of the first general assembly accepting any office that is created by this constitution, or the constitution of the United States, and the salaries of which are established."
The yeas and nays being demanded by Mr. Ferris, those who voted in the affirmative, are--
Messrs. Benefield, Badollet, Cull, Cotton, Carr, De Pauw, Devin, Floyd, Graham, (of Washington,) Johnson, Lowe, McIntire, Maxwell, Noble, Polke, (of Perry,) Polke, (of Knox,) Parke, Pennington, Rapp, Smock, Smith, Jennings, president--22.
Those who voted in the negative, are--
Messrs. Boone, Beard, Brownlee, Cox, Dill, Eads, Ferris, Graham, (of Clark,) Holman, Nathaniel Hunt, Hanna, Lane, Lemon, Lynn, McCarty, Manwaring, Robb, Scott, Shields--19.
Carried in the affirmative.
Mr. Ferris further moved to amend said twentieth section, by adding, after the word "officers," these words, "and justices of the peace."
On this, the yeas and nays being demanded, those who voted in the affirmative, are--
Messrs. Boone, Cotton, Ferris, Floyd, Graham, (of Washington,) Nathaniel Hunt, Hanna, McCarty, Manwaring, Robb, Noble, Pennington, Smock, Smith--14.
Those who voted in the negative, are--
Messrs. Boone,* [* The entry of this name among the negatives as well as the affirmatives, is not an error of mine. J. M. TUNSTALL, Assistant Secretary.] Benefield, Badollet, Cox, Cull, De Pauw, Dill, Devin, Eads, Graham, (of Clark,) Holman, Johnson, Lane, Lemon, Lowe, Lynn, McIntire, Maxwell, Polke, (of Perry,) Polke, (of Knox,) Parke, Rapp, Scott, Shields, Jennings, president--25.
So it was determined in the negative.
The said twentieth section was further amended, by striking out the words, "or territory."
On motion of Mr. Smith,
It was further proposed to amend the said article, by striking out the twentieth section.
When the yeas and nays being demanded by Mr. Manwaring, those who voted in the affirmative, are--
Messrs. Brownlee, Cull, Eads, Ferris, Hanna, McCarty, Manwaring, Pennington, Smith--9.
Those who voted in the negative are--
J. M. TUNSTALL, Assistant Secretary.
Messrs. Boone, Beard, Badollet, Cox, Cotton, Carr, De Pauw, Dill, Devin, Floyd, Graham, (of Washington,) Graham, (of Clark,) Holman, Nathaniel Hunt, Johnson, Lane, Lynn, McIntire, Maxwell, Noble, Polke, (of Perry,) Polke, (of Knox,) Rapp, Robb, Smock, Scott, Shields, Jennings, president--28.
So it was determined in the negative.
Ordered, That the twenty-sixth and twenty-eighth sections be transferred to the article relative to general provisions.
On motion,
Ordered, That the twenty-seventh section of said article be amended, by striking out after the word "who," in the first line, these words, "heretofore hath been."
Said article was further amended, by filling up the first blank, in the twenty-fifth section of said article, with the words, "first Monday of November next."
On motion,
Ordered, That the article relative to education be read the second time.
And on motion of Mr. De Pauw,
Ordered, That the same be amended, by inserting in the third section, after the word "duty," these words, "except in time of war."
The said article was further amended, by filling up the blank in the first section, with the words "eighteen hundred and twenty." And the said section was further amended, by adding, after the word "schools," these words, "or seminaries of learning"--and the said article was then referred to the committee of general revisions.
On motion,
Ordered, That the engrossed article relative to the general provisions, be taken up and read the second time.
On motion of Mr. Maxwell,
Ordered, That the ninth section of said article be amended, by adding the following words, "except counties bordering on the Ohio and Wabash rivers, and in such other parts of the state as may be naturally circumscribed, so as to render such small county or counties necessary.
On motion of Mr. Smock,
Ordered, That the said ninth section be stricken out from the beginning.
The yeas and nays being demanded by Mr. Smock, those who voted in the affirmative, are--
Messrs. Benefield, Cull, Cotton, De Pauw, Devin, Ferris, Floyd, Graham, (of Clark,) Nathaniel Hunt, Hanna, Lemon, Lowe, Lynn, McCarty, McIntire, Maxwell, Noble, Polke, (of Perry,) Polke, (of Knox,) Rapp, Robb, Smock, Smith, Scott, Shields, Jennings, president--26.
Those who voted in the negative, are
Messrs. Boone, Beard, Badollet, Cox, Carr, Dill, Eads, Graham, (of Washington,) Holman, Johnson, Lane, Manwaring, Milroy, Pennington--14.
On motion of Mr. Noble,
The said article was further amended, by adding a ninth section, as follows:--
"All commissions shall be in the name and by the authority of the state of Indiana, and sealed with the state seal, and signed by the governor, and attested by the secretary of state."
On motion of Mr. Dill,
Ordered, That the said article be further amended, by adding a tenth section, as follows, to wit:--
"There shall be elected, in each county, a recorder, who shall hold his office during the term of seven years: Provided he shall so long behave himself well: And provided also, nothing herein contained shall prevent the clerks of the circuit courts from being elected to the office of recorder."
On motion of Mr. De Pauw,
The said article was further amended, by adding thereto a section numbered eleven, to wit:--
"_______________ in _____________ county, shall be the seat of government of the state of Indiana, until the year eighteen hundred and twenty-five, and until removed by law."
On motion,
Convention then adjourned till two o'clock P. M.
Two o'clock P. M.
Convention met pursuant to adjournment.
The convention now resumed the consideration of the article relative to general provisions.
And on motion,
Ordered, That the first blank, in the eleventh section be filled up with the word "Corydon," and the second blank, with word "Harrison."
On motion of Mr. Johnson,
The following section was added to said article:--
"Sec. 12. The general assembly, when they lay off any new county, shall not reduce the old county or counties, from which the same shall be taken, to a less content than four hundred square miles."
The yeas and nays being demanded by Mr. Ferris, those who voted in the affirmative, are--
Messrs. Boone, Beard, Benefield, Badollet, Brownlee, Cox, Carr, Dill, Devin, Eads, Ferris, Graham, (of Washington,) Holman, Johnson, Lane, Manwaring, Milroy, Pennington, Polke, (of Perry,) Polke, (of Knox,) Robb, Rapp, Scott--23.
Those who voted in the negative, are--
Messrs. Cotton, De Pauw, Floyd, Graham, (of Clark,) Nathaniel Hunt, Hanna, Lemon, Lynn, McCarty, McIntire, Maxwell, Noble, Smock, Smith, Shields, Jennings, president--16.
On motion of Mr. Ferris,
The said article was further amended, by adding a thirteenth section, as follows, to wit:
"No person shall hold more than one lucrative office at the same time, except as in this constitution is expressly permitted."
On motion,
The said article was further amended by adding the following section, numbered ________ to wit:
"The general assembly of this state shall not allow the following officers of government, as their annual salaries, until the year one thousand eight hundred and twenty, after which time their salaries shall be fixed as the general assembly may direct, to wit: The governor not more than one thousand dollars; the judges of the supreme courts eight hundred dollars each; the presidents of the circuit courts eight hundred dollars each; the secretary of state four hundred dollars; the auditor of public accounts three hundred dollars; the treasurer three hundred dollars; no member of the general assembly more than two dollars per day during his attendance on the general assembly, nor more for every twenty-five miles he shall travel in going to, and returning from the general assembly."
It was then proposed to amend the said section, by striking out the word "two," immediately preceding dollars, and inserting in lieu thereof the word "one"
The yeas and nays being demanded by Mr. Dill, those who voted in the affirmative, are--
Messrs. Boone, Badollet, Dill, Eads, Graham, (of Clark,) Johnson, Lemon, Lynn, McIntire, Maxwell, Polke, (of Perry,) Rapp, Scott--14.
Those who voted in the negative, are--
Messrs. Beard, Benefield, Brownlee, Cox, Cull, Cotton, Carr, De Pauw, Devin, Ferris, Floyd, Graham, (of Washington,) Holman, Nathaniel Hunt, Hanna, Lowe, Lane, McCarty, Manwaring, Milroy, Noble, Polke, (of Knox,) Pennington, Robb, Smock, Smith, Shields, Jennings, president--28.
Convention adjourned till to-morrow morning eight o'clock.
THURSDAY MORNING, JUNE 27, 1816.
Convention met pursuant to adjournment.
Convention, agreeably to order, proceeded to the third reading of the several engrossed articles, to wit:
Article 1, relative to the bill of rights, &c.
Article 2, relative to the distribution of the powers of government.
Article 3, relative to the legislative department of government.
Article 4, relative to the executive department of government.
Article 5, relative to the judiciary.
Article 6, relative to the elective franchise.
Article 7, relative to the militia.
Article 8, relative to the revision of the constitution.
Article 9, relative to education.
And, an ordance relative to the acceptance of the propositions of the general government.
And on the questions severally "shall the said articles pass?" they were determined in the affirmative.
Convention resumed the consideration of the article relative to the general provisions:
Mr. Robb then moved to amend the sixteenth section of said article, by striking out of the same after the word "treasurer," in the fourth line, the words "four hundred," and inserting in lieu thereof, the words "three hundred."
On this question, the yeas and nays being demanded by Mr. Robb, those who voted in the affirmative, are--
Messrs. De Pauw, Dill, Devin, Eads, Nathaniel Hunt, Johnson, McIntire, Maxwell, Robb, Smock, Smith, Shields--12.
Those who voted in the negative, are--
Messrs. Beard, Boone, Benefield, Brownlee, Badollet, Cox, Cull, Cotton, Carr, Ferris, Floyd, Grabam, (of Clark,) Holman Hanna, Lane, Lemon, Lynn, McCarty, Manwaring, Noble, Polke, (of Perry,) Polke, (of Knox,) Pennington, Rapp, Scott, Jennings, president--26.
So it was determined in the negative.
On motion of Mr Johnson,
Ordered, That the said section be further amended by striking out after the words "two dollars," and inserting in lieu thereof, the words, "one dollar and twenty-five cents."
On this question, the yeas and nays being demanded by Mr. Johnson, those who voted in the affirmative, are--
Messrs. Dill, Graham, (of Clark,) Johnson, Lemon, Lynn, Scott--6.
Those who voted in the negative, are--
Messrs. Boone, Beard, Benefield, Brownlee, Cox, Cull, Cotton, Carr, De Pauw, Devin, Eads, Ferris, Floyd, Graham, (of Washington,) Holman, Nathaniel Hunt, Hanna, Lane, Lowe, McCarty, Milroy, Maxwell, Noble, Polke, (of Perry,) Polke, (of Knox,) Pennington, Robb, Smock, Shields Smith, Jennings, president--32.
On motion,
Ordered, That the said section as amended, be adopted by the convention.
On this question, the yeas and nays being demanded by Mr. Robb, those who voted in the affirmative are,
Messrs. Boone, Beard, Brownlee, Cox, Cull, Cotton, Carr, De Pauw, Ferris, Floyd, Graham, (of Washington,) Graham, (of Clark,) Holman, Hanna, Lane, Lowe, Manwaring, Milroy, McIntire, Noble, Polke, (of Perry,) Pennington, Smock, Shields, Jennings, president--25.
Those who voted in the negative, are--
Messrs. Benefield, Dill, Johnson, Lemon, Lynn, Maxwell, Polke, (of Knox,) Rapp, Robb, Smith, Scott--11.
Mr. Maxwell then moved to amend the twelfth section of said article, by adding these words to wit: "except counties bordering on the Ohio river." Which amendment was not carried.
Mr. Smock then moved to amend the said twelth article, by striking out the said twelfth section thereof; which motion was also determined in the negative,
On motion,
Ordered, That the said article be engrossed, and referred to the committee of revisions.
On motion,
Ordered, That the convention do now adjourn till two o'clock this afternoon.
Two o'clock P. M.
Convention met pursuant to ajournment.
The convention resolved itself into a committee of the whole, on the article relative to banks and banking companies, Mr. Noble in the chair--and after having spent some time therein, Mr. President resumed the chair, and Mr. Noble reported, that the committee had, according to order, had the said article under consideration, had made some amendments to the same, which he handed in at the secretary's table, where they were again read and concurred in by the convention.
The convention resolved itself into a committee of the whole on the article relative to a change of government, Mr. Scott in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Scott reported, that the committee had, according to order, had the said article under consideration, had made some amendments to the same--which he handed in at the secretary's table, where they were again read, and concurred in by the convention.
The first amendment made in the committee of the whole on said article was made by erasing in the third line of the ninth section immediately preceding representatives the word "two" and inserting in lieu thereof the word "three."
On this question the yeas and nays being demanded by Mr. Johnson, those who voted in the affirmative are,
Messrs. Beard, Cox, Cull, Cotton, Carr, De Pauw, Dill, Eads, Graham, (of Washington,) Graham, (of Clark,) Holman, Nathaniel Hunt, Hanna, Lemon, Lowe, McCarty, Milroy, McIntire, Maxwell, Noble, Smock, Scott, Shields, Jennings, president--24.
Those who voted in the negative, are--
Messrs. Boone, Benefield, Brownlee, Badollet, Devin, Ferris, Floyd, Johnson, Lane, Lynn, Manwaring, Polke, (of Perry,) Polke, (of Knox,) Pennington, Rapp, Robb, Smith--17.
The second amendment made in committee of the whole, was the erasing in the tenth line of said ninth section, preceding the word "representatives," the word "two," and inserting in lieu thereof, the word "three," and further, by erasing in the twelfth line of said section, the word "two," and inserting in lieu thereof the word "three."
The said section was further amended, by erasing from the thirteenth line, after the word "Washington," the word "one," and inserting in lieu thereof the word "two."
On this question, the yeas and nays being demanded by Mr. Johnson, those who voted in the affirmative, are--
Messrs. Beard, Cox, Cull, Cotton, Carr, De Pauw,, Dill, Eads, Graham, (of Washington,) Graham, (of Clark,) Holman, Nathaniel Hunt, Hanna, Lemon, Lowe, McCarty, Milroy, McIntire, Maxwell, Noble, Pennington, Smock, Scott, Shields, Jennings, president--25.
Those who voted in the negative, are--
Messrs. Boone, Benefield, Brownlee, Badollet, Devin, Ferris, Floyd, Johnson, Lane, Lynn, Manwaring, Polke, (of Perry,) Polke, (of Knox,) Rapp, Robb, Smith--16.
On motion of Mr. Floyd,
The said section was proposed further to be amended, by erasing after the word "Orange," the word "one," and inserting in lieu thereof the word "two."
On this proposed amendment, the yeas and nays being demanded by Mr. Floyd, those who voted in the affirmative are,
Messrs. Boone, Benefield, Brownlee, Badollet, Cox, Cull, De Pauw, Devin, Floyd, Graham, (of Washington,) Johnson, Lane, Lemon, Lowe, McIntire, Pennington, Rapp, Robb, Shields, Jennings, president--20.
Those who voted in the negative, are--
Messrs. Beard, Cotton, Carr, Dill, Eads, Ferris, Graham, (of Clark,) Holman, Nathaniel Hunt, Hanna, Lynn, M'Carty, Manwaring, Milroy, Maxwell, Noble, Polke, (of Perry,) Polke, (of Knox,) Smock, Smith, Scott--21.
So it was determined in the negative.
On motion of Mr. Polke,
The said section was proposed further to be amended, by striking out after the word "Jefferson," and before the word "representatives," the word "two," and inserting in lieu thereof the word "one."
On this proposed amendment, the yeas and nays being demanded by Mr. Polke, (of Knox,) those who voted in the affirmative, are--
Messrs. Benefield, Badollet, Devin, Johnson, Polke, (of Knox,) Robb--6.
Those who voted in the negative, are--
Messrs. Boone, Beard, Brownlee, Cox, Cull, Cotton, Carr, De Pauw, Dill, Eads, Ferris, Floyd, Graham, (of Washington,) Graham, (of Clark,) Holman, Nathaniel Hunt, Hanna, Lane, Lemon, Lowe, Lynn, McCarty, Manwaring, McIntire, Milroy, Maxwell, Noble, Polke, (of Perry,) Pennington, Rapp, Smock, Smith, Scott, Shields, Jennings, president--35. So it was determined in the negative.
On motion of Mr. Noble,
Ordered, That the said article be further amended, by adding a tenth section, as follows to wit:--
"All books, records, documents, warrants and papers, appertaining and belonging to the office of the territorial treasurer of the Indiana territory, and all monies therein, and all papers and documents in the office of the secretary of the said territory, shall be disposed of as the general assembly of this state may direct."
On motion,
Ordered, That the said article be engrossed, and referred to the committee of general revisions.
On motion of Mr. Noble,
Ordered, That Messrs. Scott, Parke and Dill, be appointed a committee of enrolments.
On motion,
Ordered, That three copies of the ordnance relative to the acceptance of the propositions of Congress, and the stipulations on the part of this convention, be made out by the secretary; that the same be signed by the president and attested by the secretary; and by the president forwarded, one copy to the president of the United States, one copy to the president of the senate, and another copy to the speaker of the house of representatives.
On motion,
Ordered, That the convention adjourn till to-morrow morning eight o'clock.
FRIDAY MORNING, June 28, 1816.
Convention met pursuant to adjournment.
Mr. Scott from the committee of general revisions, reported that the committee had, according to order, had under their consideration articles numbered ten, eleven and twelve; had made some alterations in the same, which were stated, and concurred in by the convention.
The president laid before the convention the writing obligatory of Davis Floyd, Esq. relative to his propositions on the subject of the accommodations, &c. of the governor of the state of Indiana, during the continuance of the seat of government at Corydon.
Convention then proceeded to the third reading of the article 10, relative to banks and banking companies,
Article 11, relative to the general provisions,
Article 12, relative to a change of government--
Which articles were severally read and passed.
On motion of Mr. Ferris, the convention came to the following resolution, to wit:
Resolved, That this convention recommend to the early attention of the first general assembly of the state of Indiana, the necessity of making appropriations to pay for the printing of the journals of the convention, and constitution of the state.
On motion of Mr. Floyd, the convention came to the following resolution, to wit:
Resolved, That the committee appointed to contract for printing the constitution and journals of this convention, be authorized to have them, when printed, stitched and forwarded to the several counties, to wit: To each member of this convention, eleven copies; to each of the secretaries, two copies; and the residue to be lodged in the secretary's office, for the use of the state.
On motion of Mr. Dill, the convention came to the following resolution, to wit:
Resolved, That there be allowed to the secretary of this convention, the sum of three dollars and fifty cents per day; to the assistant secretaries each, three dollars and fifty cents per day; to the door keeper, the sum of one dollar and fifty cents per day, and to the assistant door keeper, one dollar and fifty cents per day, for their services respectively, during their attendance on this convention, and that the general assembly shall provide by law for the payment of the said officers, respectively; which services shall be certified by the president of this convention.
On motion,
Convention adjourned till five o'clock this afternoon.
Five o'clock, P. M.
Convention met pursuant to adjournment.
On motion,
Ordered, That Mr. Parke, on account of indisposition, be excused from any further services in the committee of enrolments--
And on motion,
Ordered, That Mr. Badollet be added to that committee.
On motion of Mr. Dill, the convention came to the following resolution, to wit:
Resolved, That it be recommended to the general assembly of the state of Indiana, to appropriate the money voluntarily given by the citizens of Harrison county to the state, to the purchase of books for a library for the use of the legislature and other officers of government; and that the said general assembly will, from time to time, make such other appropsiations for the increase of said library, as the may deem necessary.
On motion,
Ordered, That the convention do now adjourn till to-morrow morning eight o'clock.
SATURDAY MORNING, 8 o'clock, June 29, 1816.
Convention met pursuant to adjournment.
On motion of Mr. Dill,
Resolved, That there shall be two complete copies of the constitution of Indiana, one of which shall be lodged with the president of the convention, to be kept by him until the meeting of the first general assembly, at which time the constitution shall be laid before them, and to be disposed of in such manner as they may direct.
On motion of Mr. Johnson, the convention came to the following resolution, to wit:
Resolved, That the president of this convention do forward one printed copy of the constitution to the president of the United States, one to the president of the senate, and one to the speaker of the house of representatives of congress.
On motion of Mr. Johnson, the convention came to the following resolution, to wit:
Resolved, That Messrs. James Lemon and Robert A. New, be appointed as a committee to superintend the printing of the constitution of the state of Indiana; and that they report to the first general assembly.
On motion,
Convention adjourned till eleven o'clock A. M.
Eleven o'clock A. M.
Convention met pursuant to adjournment.
On motion,
Ordered, That the convention do now adjourn till three o'clock this afternoon.
Three o'clock P. M.
Convention met pursuant to adjournment.
Mr. Scott from the committee of enrollment, reported that the committee had, according to order, compared the engrossed articles of the constitution with the enrolled, as submitted to them by the enrolling clerks, and had found the same correctly enrolled--and thereupon,
On motion,
Ordered, That one copy of the same be read--and thereupon,
On motion,
The convention adjourned without day.
WILLIAM HENDRICKS, Sec'y.