I

suppose there is no provision of law to compen- before he presents himself for election. I obate the agent for the service; suppose the ject to a man's holding two appointments at State appoint an attorney to transact business the same time, because the duties imposed upon for which no specific compensation is fixed, and {oim by one appointment are very apt to interthe Legislature be applied to to determine upon fere with those of the others. And I would the compensation, would it be right that this go a step further, and prohibit the Governor agent should go into the Legislature and partic-from appointing a member of the Legislature ipate in its action in regard to his own compento an office under the State government, sation? The gentleman states an instance of want to keep the stream of legislation as pure the trustees of the State University. They as possible, as free from all extraneous influderive their pay from the State. The amount ences as practicable. There are individuals is subject to be increased or decreased at the enough in the State who do not hold office, to will of the Legislatare. I ask you whether a supply representatives in the Legislature. I gentleman holding such an appointment ought want, as far as possible, to disconnect the to be sent to the Legislature of Indiana? We legislation of the country from all extraneous should not multiply offices in the hands of one influences whatever. I could go still further, man. I shall oppose the re-consideration. and prohibit members of the Legislature from filling offices created during their term of service in the Legislature. I would be glad to see the proposition of the gentleman from Hancock ingrafted in the Constitution. But as the section is passed I hope the vote will not be re-considered.

Mr. READ of Clark. I would suggest to the gentleman from Posey that he can accomplish his object to-morrow when the section comes up on its final passage.

The PRESIDENT. The Chair would inform the gentleman that the section has finally passed already.

Mr. WATTS. It appears to me that we are Mr. READ of Monroe. I would be one of simmering down this thing to a very low ebb, the last to pile office upon office on the same in-when we say that if a man is entrusted with dividual. That is radically wrong, and ought office it shall disqualify him from filling a seat not to be allowed under the Constitution. But in the Legislature. It appears to me that it is persons accepting small appointments-not of- rather an evidence of his capacity and integrifices-under the State or United States Gov- ty that he should receive an appointment. The ernment, mainly of an honorary character, but case that has been instanced by the gentleman to which there may be attached some pay which from Monroe, however, rather staggered my will meet expenses, and in some degree loss of belief. It appears to me that a gentleman who time, ought not surely to be disfranchised, so far receives an appointment where the salary is as holding a seat in the Legislature is concern-only eighty dollars, and pays out one hundred ed. That is running the thing quite into the ground.

Suppose the case of trustee in the Smithsonian Institute-ought the holding of such a post to exclude a man from the Legislature?

Once in my life I had the high honor of holding an appointment from the United States Government. I traveled some three hundred miles in order to fulfill its duties, and back the same distance. When I came to receive my pay it amounted, all told, to $84. I had expended, besides loss of time, between $120 and $130. Ought the holding of such a lucrative appointment to have excluded me from a seat in the Legislature?

As for the exclusion of Professors in Colleges, to that I assure gentlemen I make no objections.

Mr. DOBSON. I think that the section is, perhaps, just about as the majority of the body want it to be, and just about as it ought to be. There should be, perhaps, some definite expression as to what sort of appointment should disqualify a man for being elected to the Legisla

ture.

But the idea that I wish to see carried out is that when a man comes into the Legislature he shall come with no other papers in his pocket than his certificate of election. If he has got a little appointment let him resign it

and twenty dollars for expenses, shows an incapacity that ought to exclude him from the Legislature. [A laugh.]

Mr. READ of Monroe. He might not happen to know the compensation which he was to receive until the duty was performed.

The question was taken on the motion to reconsider the vote by which the section was passed, and it was decided in the negative. So the vote was not re-considered.

The Convention then proceeded to the consideration of the section which provides that "The sessions of the General Assembly shall be held biennially at the Capital of the State, commencing on the first Monday after the first day of January, in the year of our Lord one thousand eight hundred and fifty-three, and on the same day of every second year thereafter, unless a different day or place be appointed by law. But, if in the opinion of the Governor, the public welfare shall, at any time, require it, he may, by proclamation, call a special session."

The section having been read,

Mr. MORRISON of Marion moved to amend by inserting the words "at Indianapolis." [Cries of "No! no!"]

Mr. MORRISON. I want to show gentlemen why it is necessary to insert these words.

are the reasons which have influenced me in offering this amendment.

Mr. NILES. I desire to submit an amendment to the amendment of the gentleman from Monroe, if it be now in order. I propose to strike out in the line, the words" after the first day," and to insert after the word "on," the words "Thursday after," so as that the sessions of the Legislature shall commence on the Thursday after the first Monday in January. [A voice-"make it Wednesday."] I don't know that I should have any great objection to Wednesday, though I am inclined to think that Thursday would be the better day.

It will prevent any attempt being made by future Legislatures to change the seat of Government. If gentlemen will refer to report No. 17, line No. 38, they will see it is there provided in what cases the seat of Government may be changed. There is ample provision there for changing it in the case of an epidemic or other unforeseen occurrence, at any time. It declares that it may be changed on the happening of certain contingencies. If the Convention think with me, that that provision is sufficient. without leaving it in the power of the Legislature to change the seat of Government at their caprice-if they agree with me in the opinion that there ought to be some stability I will make a single remark in reference to and certainty as to the place where the seat of the propriety of the amendment which I proGovernment shall be established, there certainly pose. It is undoubtedly true that the public incan be no impropriety in so stating in this place. terests would be equally subserved by the LegAnd in connection with this amendment, I islature meeting on Thursday as on Monday. move further to strike out the words "or places," No public interest, then, can stand in the way wherever they occur, so as to make the section of the proposed change. It is also undoubtedly consistent. My object is to make the seat of true, that, under the present system of convenGovernment permanent and certain, subjecting the Legislature on Monday, the preceding only to change in such cases as are provided for

elsewhere.

Mr. BERRY moved to lay the amendment on the table.

The motion was agreed to.

Mr. FOSTER moved to amend the sectio by striking out the words "after the first day,"

and also to strike out "1853" and insert "1852 "

My object, said Mr. F., is simply this: It is provided here that the General Assembly shall meet on the first Monday after the first day of January. If the month comes in on Monday, the Legislature, of course, will meet on the second Monday of the month. By striking out the words "after the first day," it will read: "commencing on the first Monday of January."

A MEMBER. Suppose the month commence on Monday.

Sunday is always a day of bustle and confusion. It is devoted to exchanging salutations, electioneering, and holding caucuses, and in a manner wholly in conflict with the prevalent feelings and opinions of our people. Now, sir, though I do not think it proper to mix up much of theological opinions in a Constitution, I do hold that a decent respect for the opinions and feelings of a large majority of the people of the State, if nothing else, should forbid our imposing upon the members of the Legislature a kind of necessity for spending the Sabbath in such a

manner.

Within a very few years, a person can start from his home in any part of the State, on or after Monday, and be in Indianapolis before Thursday; and I apprehend there are few persons who would not prefer spending Sunday quietly at home, after the manner of our people, than to be in the excitement which attends the Mr. FOSTER. Never mind about that. convening of the Legislature. I have another [Laughter.] In regard to the other part of the reason for proposing Thursday after the first amendment-striking out "1853," and inserting Monday in January-that it will enable mem"1852"-it appears to me, that, if the new Con-bers of the Legislature to remain at home during stitution should be adopted, the first session of what are called the holydays. The observance the General Assembly should not be put off for of the holy days among ones friends, has almost two years. Now, the presumption with me is, become interwoven with our social habits, and that the people will adopt the Constitution, if I wish to see the good old usage respected. It they do at all, during the summer of next year; is well known that little work is done by Legand the first election under the new Constitu- islative bodies, though nominally in session, betion will take place in October of next year.tween Christmas and New Years. I see every Why, then, the first session of the Legislature reason in favor of the change, and can concieve should be put off for two years from January, of no objection to it whatever. which will be some fifteen or sixteen months Mr. BRIGHT. The proposition, as I underafter the first election that will be held understand it, is to strike out the words after the the new Constitution, I cannot conceive. first day," so that the section will read thus: Commencing on the first Monday in January." Now, the design of the committee, in fixing the time named, was, that the meeting of the Legislature should occur after the first day of January, so as not to interfere with the holydays.

In my opinion, the General Assembly should convene as soon as possible after the adoption of the Constitution. It does appear to me singular gentlemen should propose that their meeting should be put off for two years. These

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As to the other objection, that is, to the postponement of the first meeting of the Legislature, under the new Constitution, if this Constitution be adopted, it is more than probable that there will be some legislation necessary under the old Constitution, and therefore, it might become, necessary, after its adoption, to have a called session of the Legislature, to make the necessary provisions, under the old Constitution, to carry the provisions of the new Constitution into effect.

tion." If this proposition met with the appro{bation of the gentleman from Monroe, (Mr. Foster,) he would move it as a substitute for that gentleman's amendment.

Mr. BORDEN remarked that there were two questions to decide; and first, as to the day of the week on which the Legislature should meet. He believed, as far as he had heard the opinions of members on this point, that they were in favor of changing the day of meeting, from Monday, to Tuesday or Wednesday. Thus the Mr. STEVENSON. I would suggest one members would have a day or two before the thing, and it is this: That the act under which meeting of the Legislature, to make such arthis Convention is called, declares that the Leg-rangements as they might deem proper, and islature shall provide for submitting the new would not be compelled to infringe upon the Constitution to the people for their ratification Sabbath, or violate the feelings of the religious or rejection. Well, sir, I think it highly prob- { portion of the community. As it was now, the able that the new Constitution will not be com- Legislature, meeting on Monday, the whole of pleted before the adjournment of the Legisla- the Sabbath, immediately preceding that day, ture, so that you will be obliged either to con- was devoted to electioneering and visiting from vene the Legislature for the special purpose of house to house, much to the annoyance of making provision for submitting the new Con- those who were anxious to observe that day. stitution to the people, or you must wait for the meeting of the Legislature a year from this time.

Mr. TAYLOR said that he saw no reason why the Legislature that was to meet in a few weeks, might not, with great propriety, go on and pass a prospective act, providing that the Constitution which the Convention should frame, should be submitted to the action of the people sometime during next summer. They could do this as well as the succeeding Legislature, and without the delay that would be attendant upon waiting for the action of the succeeding Legislature.

In regard to the other question, as to the year of the next meeting of the first Legislature, under the new Constitution, he had only to say that he was in favor of the proposition reported by the committee. The next Legislature, which was soon to assemble, must pass a law, providing for the submission of the amended Constitution to the people, for their approbation or disapproval. He supposed that the vote upon the ratification or rejection of the Constitution, would take place in August next; and that after that, a session of the Legislature, under the old Constitution, would be held, for the purpose, among other things, of making provision for the In regard to the day upon which future Leg-holding of the first election under the amended islatures should meet, he had only to say, that Constitution. He was also of opinion that the he thought it would better suit the views of the first election, under the new Constitution should people, and be to the mutual benefit of all con- be held in October, 1852, and that the proper cerned, for that body to meet on Thursday, in time for the meeting of the first Legislature, place of Monday. He considered it would be under the new Constitution, was fixed in the more agreeable to the Representatives them-report of the committee, which was in Janselves, and more in accordance with the wishes uary, 1853. of a large portion of the people of Indiana, if He thought that ample time should be affordthe members of the Legislature could avoided for the discussion and examination of the traveling upon the Sabbath, which many would provisions of the new Constitution, by the peodoubtless have to do, if that body met on Mon- ple. The merits of those provisions could be day. He was no great stickler for the Sabbath, fully discussed before the people, by the candibut he thought, also, if they could do it, they dates for office, during the canvass preceding the might just as well save their legislators from August election of '51. It was one thing to electioneering on Sunday-as it was well known make a Constitution, and another thing to satthat it had been their custom to hold a caucus isfy the people in regard to its merits, and nothfor officers, on the Saturday or Sunday evening ing but a full and fair discussion would accomprior to the opening of the session, on Monday. plish the latter object. Where there was such He hoped, therefore, that Thursday would be a discussion had, the people would settle down fixed upon as the day of meeting for the Legis- in favor of the Constitution, and would probably lature. allow it to remain for many years, without deMr. DOBSON said that he thought the diffi-siring any change in its provisions; but, where culty in regard to the meeting of the Legislature, in 1853, could be obviated by striking out in the third line of the section, all after the word "January," and inserting "immediately succeeding the adoption of the new Constitu

it was adopted without that mature discussion and consideration, which would be calculated to enlist the public mind in its favor, the people would soon be prepared to change the Constitution, which was certainly not to be desired.

electioneering for officers. Now, sir, it is a known fact that these caucuses are held on Saturday evening almost invariably. I prefer, sir, to adhere to the old usage on this subject.

Again, if the Constitution was submitted to the people at the spring election, there would be but few votes given upon the question. There were few persons who attended the polls at the annual spring election, in April or May, especially in the southern portion of the State, and, although the Constitution might be such as to meet with the general approbation of the peo-year 1852 or '53: ple, yet there was a chance, at that period of the year, of its being rejected.

The same objection would apply to a special election, ordered in June or July, as it had been intimated would be ordered-as he presumed there would be less votes given at the polls at a special election, than there would at the annual spring election, on the first of April or May.

He trusted the section would pass as it was, only changing the day of the meeting of the Legislature from Monday, to Tuesday or Wednesday.

Mr. PETTIT said, that he took pleasure in saying that, for once-if never before-he agreed with the gentleman from Monroe, (Mr. Foster,) who made the motion. He trusted it would not be the last time. He thought that the amendment was a very necessary one, and the arguments advanced by the gentleman in its favor, he concurred in heartily. He was in favor of commencing the session of the Legislature on Monday, for the reason that, hitherto, this had been the custom, and the people had become used to it. It was an old and a familiar usage; besides, he believed, that, to do a good week's work, it was always necessary to commence Monday morning, and this rule applied to legislative action, as well as any other kind of actions. He desired that the Legislature should meet the first Monday in January; and he was equally willing, that, on the first day of the year-say the first of January-they should meet and commence their labors with the new year.

lf, continued Mr. P., the objection raised by the gentleman from Laporte, (Mr. Niles,) that, by the Legislature's meeting upon Monday, the religious observance of the Sabbath will be desecrated; then, for the last thirty-four years, have the devotional feelings of the people living at the seat of Government been disturbed. By meeting on Monday, the Legislature is but doing that which is done by Congress, by the Legislature of Ohio, and nearly all the State Legislatures in the Union.

A few words with reference to the period when the first Legislature, after the adoption of the Constitution, shall meet-whether in the

The gentleman from Jefferson (Mr. Bright) is of opinion that the Legislature, under the new Constitution, should not meet until January, 1853; and he further says that it will be necessary to have one session of the Legislature, after the adoption of the new Constitution, under the old Constitution. Now, I deny the possibility of such a thing. When the new Constitution shall have been adopted-the very moment the people, by their action, breathe life into it-it becomes the supreme law of the land, and under no other law can the people of Indiana live. If ever it is to go into effect, it will during the next summer; and I hope that it will be at as early period as practicable. I am opposed to having this Constitution voted upon at a general election, when there is always a scrambling of many political partisans for place. I desire to have the calm and unbiased judgment of the people upon it. I desire that the Constitution we frame should be submitted to the people at a separate election, and not mixed up with anything else. And when will that be done? It is well known to the members of this Conve ation that it is proposed to change the time of holding the general election from the first Monday in August to the first Monday in October, and I have not heard a dissenting voice in regard to this change. I have no doubt it will be made. Now, it is probable that we shall get through with our labors here by the first of February, at the farthest, though I solemnly believe we shall be through by the middle of January. If the Legislature is in session at the time we get through with our work, they can appoint the day when the election shall be held which is to decide the fate of the Constitution; otherwise we can fix the day. That it will be adopted, there can be no doubt of; and this assertion is not a presumptuous one. I say, whatever shall come from the hands of this Convention, in the shape of a Constitution, will be ratified by an immense majority. The election will then be held, and returns made of the number of votes

What, sir, is the truth in relation to this mat-polled in the different counties, either for or ter? Do not the members almost invariably make their calculations to get here on Saturday evening, so as to make their appearance at church or in the streets on Sunday. Those who have been members of the Legislature know that that is the fact.

The other gentleman from Laporte (Mr. Taylor) has stated, that, by the Legislature's meeting on Monday, the Sabbath`would be desecrated by members meeting in caucus and

against the Constitution, by the proper officers, to the Secretary of State's department. It will then be the duty of the Governor to issue his proclamation, stating the number of votes and the adoption of the Constitution. And from the moment the Governor issues that proclamation, the Constitution will be in force, and that will be before August next.

How then, sir, are you going to hold another session of the Legislature under the old Con

He did not think, however, that his colleague's argument was true as to the year when the Convention should meet. The gentleman did not seem to suppose that the Legislature elected under the old Constitution could hold a session after the adoption of the new Consti

stitution? The old Constitution, like the old as it had already been fixed upon-say Monlaw of the Israelites, will have passed away, { day. when the new Saviour, or, in other words, the new Constitution, comes, not to destroy the law, but to fulfil. We will live under the new Gospel dispensation. So soon, then, as this new Constitution goes in force, the general election comes on under it in October following, and members are elected to the new Leg-tution. It was true when the new Constituislature. For these reasons, sir, I shall vote for the proposition of the gentleman from Monroe, (Mr. Foster,) and I trust it will be adopted.

Mr. PEPPER of Crawford. I have another reason, sir, to present, which has not as yet been presented, why we should begin the sessions of the Legislature under the new Constitution in 1852. We have, sir, determined to hold biennial sessions. It is known to all the delegates that we elect our United States Senators every two and four years. We elect a Senator this winter, and another in 1854; and a Legislature ought to be in session at the time of the election of our Senators. If the Legislature assemble in 1853, and every two years thereafter, we will either have to elect a Senator one year in advance, or the Governor call an extra session to elect him. If we fix the time of the meeting of the Legislature at the year 1852, and every two years subsequently, it will be in session just at the right time to elect United States Senators.

By reference to the fifteenth section of the article calling this Convention together, it will be observed that it becomes the duty of the Secretary of State, so soon as the same is recorded in his office, to deliver to the Governor of this State a certified copy of said amended Constitution, who shall, on the meeting of the General Assembly of this State at its next session, lay the same before them; and it shall be the duty of the said General Assembly to pass all laws necessary and proper for submitting the same to the qualified voters for their approval and rejection.

If this law remains in force, it will be impossible to submit the new Constitution at any time during the ensuing summer to the people; but it will be a very easy matter for the Legislature, which is soon to assemble, to amend the law so as to provide for submitting the amended Constitution at the earlist convenient day.

tion was adopted the old one would be abrogated, but there was nothing to hinder the Convention from providing that the Legislature under the old Constitution should meet one year after the adoption of the new.

The committee thought it absolutely necessary that there should be two annual sessions after the session of the Legislature which would shortly commence. They will be necessary to carry into effect the provisions of the new Constitution, and to provide for the transition from the present to the new one, if it shall be adopted. The committee thought it unsafe to provide that the first biennial session should commence before 1853, lest the new order of things should be hurried upon the State indiscreetly. The Legislature elected under the old Constitution will be as certainly the Representatives of the people as if they were elected under the provisions of the new.

It is, perhaps, impossible to foresee and provide for all contingencies that may arise. At all events, in a matter of so much importance, it is wiser to give time for deliberation, and opportunity to remedy omissions,and to correct mistakes. It is even possible that this Convention may not complete its labors before the ensuing Legislature may have adjourned, and in that event it would scarcely be possible to provide for the election of the members of the Legislature under the new Constitution to meet in 1852.

Mr. READ of Monroe. Is the question upon the amendment of the gentleman from Laporte (Mr. Niles)?

The PRESIDENT. Yes, sir.

Mr. READ. Well, I greatly prefer Thursday as the day of the week for the meeting of the General Assembly. That day will best comport with the feelings of the people of the State on the subject of the observance of the Sabbath. These feelings ought to be respected in establishing the fundamental law of the I desire to see it submitted sometime during land. The business of organization, appointthe next summer; and if adopted, the first ses-ing committees, and getting ready for work, sion of the Legislsture, under the new Government, should be in 1852.

can be done, so as to make a fair commencement on the Monday morning of the ensuing Mr. CLARK of Tippecanoe said that he week. All will be done which would be acdid not doubt but that his colleague under-complished in the full week. stood the subject of caucuses better than the As for caucusing, if that is a necessary pregentleman from Laporte. After a caucus was fix to the meeting of the Legislature, I do not held on Saturday evening, there should be a see why Wednesday evening would not be day of rest when gentlemen could attend church just as good for that purpose as Saturday evenand quiet their minds in some degree; he, there-ing. It is not, of necessity, a Saturday night fore, thought it well enough to leave the day work. Besides, there is the danger, when the