State over whom they exercise jurisdiction or power. At present I will not argue this question, but I must say that I cannot come to the conclusion that, by a mere change in the mode of the appointment of a Judge, by the action of this Convention, you create a new office. If you have a Circuit Judge now appointed by the Governor whose appointment is confirmed by the Senate, his functions are the same as they would be if he were nominated by the people of the State and confirmed by the Senate. The resolution seems to me ambiguous. It leaves open a controversy which in aftertimes will grow up, if a gentleman of this Convention should aspire to an office, whether it was an office created by the Convention, or an office where merely the mode of appointment had been changed. Instead of shutting out difficulties hereafter, it will only produce doubt and controversy that can never be settled without calling a new Convention. As I remarked, I did not rise to make a speech. I merely wished to understand the true construction to be given to the

am not prethe gentleman from Bourbon proposition of pared to vote for his resolution, but shall vote for the motion to lay it, together with the amendment and the substitute, on the table.

mit my views upon the subjects embraced in them. I do not intend to do it now. I wish it to be remembered, however, that every office in this government, from the Governor down, has to be re-filled under the new Constitution. The terms of the resolutions appear to me to be too broad; indeed I do not think that my honorable friend, himself, intended that they should go to the extent which their language would imply. I differ from him, too, as to the election of a Judiciary, but I will give my reasons on a future day.

At the suggestion of Mr. C. A. WICKLIFFE, the resolutions were laid on the table until tomorrow, and were ordered to be printed.

Mr. TURNER offered the following resolutions, viz:

1. Resolved, That all the officers of Government should be elected at stated times, either directly or indirectly by the qualified voters of the county or district in which the officer is to

serve.

2. Resolved, That elections should continue but one day, and votes should be cast viva voce; and to enable the electors to cast their votes in one day, the counties should be divided into townships of not exceeding two hundred electors, and an election held in each township.

Mr. DIXON. I do not rise with the intention of taking any part in this discussion, for I am very well satisfied myself that it is wholly irrelevant to our present business. This is not the proper time for the discussion of this question; the principle which is involved in it will come properly before us for discussion after the various propositions which ought to be submitted to us shall have been reported upon by their 3. Resolved, That members of the House of appropriate committees. I am anxious to get forward with the business for which we have Representatives of the State Legislature should been sent here, and I am averse therefore to en- be elected for two years, and of the Senate for tering upon a discussion of this nature at this four years-one half of the latter to go out every time. I understand there is a motion now pend-two years. The Legislature to sit biennially, ing to lay the original resolution and the amend- subject to be called together by the Governor. ment and substitute on the table. I do not know No person shall be eligible to either House who any good reason why they should not be laid has not resided in Kentucky upon the table and printed. I hope that we and who is not a citizen of the United States. shall now proceed to adopt some rule by which No person shall be eligible to the Senate who our business will be facilitated that we may sat- has not attained the age of thirty-five years, or to isfy the country that we are in earnest in going the House of Representatives who has not attainabout the duties that have been entrusted to us. ed the age of twenty-five years. I would further remark that I do not think that the subject is now properly debateable. Although we have not yet adopted specific rules for our guidance, yet we ought to be governed by a due regard to an economy of time with a view to the dispatch of business.

Mr. DAVIS. A motion to lay on the table and print is debateable.

Mr. DIXON. The debate then should be confined strictly to the question of printing. When the question does come up, I shall be glad to hear the opinions of gentlemen on all sides, but really it appears to me that this is not the proper

time.

Mr. HARDIN. I rise only to make one or two suggestions to the mover of these resolutions. There is a great deal in them which deserves mature deliberation, and it would be well to have them before us in a printed form, and that they should be referred to the committee of the whole, and made the order of the day from day to day. I want at the proper time to sub

years,

4. Resolved, That the Legislature shall have no power to grant divorces, but shall, by law, The Legislature authorise the courts to do so. shall have no power to pass any local or special law, unless three-fifths of all the members elected to each House, by yeas and nays, concur in its passage.

5. Resolved, That the General Assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owners. They shall pass laws to permit the owners to emancipate them, saving the rights of creditors: Provided, The persons emancipated shall be sent out of the United States at the expense of the person who emancipates them, and be sold into bondage for the benefit of the public Treasury, in case of their return to Kentucky.

6. Resolved, That no persons shall henceforth be slaves within this Commonwealth, except such as are now so and the descendants of the females of them, and such as may be brought to this State by bona fide emigrants and the descend

ants of the females of them, and such as citizens | been appointed and have examined and reported of Kentucky shall derive title to out of the State by marriage, devise, or descent, and the descendants of the females of them.

7. Resolved, That the Supreme Appellate Court of the State should consist of four Judges, who should hold their offices for the term of eight years, subject to removal by impeachment or address-no person to be eligible to the office except a licensed Attorney who has attained to the age of thirty years, and who has actually resided in Kentucky for years, and is a citizen of the United States one Judge to go out every two years, but to be re-eligible.

8. Resolved, That no person should be eligible to the office of Judge of any inferior court, who has not attained the age-of thirty years, and who is not a licensed Attorney and a citizen of the United States, and who has not resided in Kentucky years. They should hold their offices for the term of eight years, subject to removal by impeachment or address one-fourth to go out every two years, and to be re-eligible.

9. Resolved, That no religious test or property qualification shall be required to entitle a citizen to vote or hold office.

upon them. But it appeared to me that it would be appropriate at this time to present the resolutions in order that the attention of members might be drawn to them, and that they might, at the proper time, be referred to the committee of the whole. The opinion has been expressed that it would be better to let the committees mature the different subjects which will be brought up for our deliberation before any opinions are expressed upon them in this body. On the other hand, it is said that it would be perfectly right and proper to discuss the great principles involved in these various propositions; but I have drawn up the resolutions and presented them at this time with the view that the attention of the Convention may be drawn to them. I hope they will be printed, and that they will come up at the proper time, and that they will be referred to the committee of the whole Convention in connection with the reports of the various committees.

The resolutions were laid upon the table, and were ordered to be printed.

DAILY JOURNAL.

Mr. WALLER submitted the following resolution:

Resolved, That the Printers to the Convention be, and they are hereby, directed to print six hundred copies of the Journal of the Convention.

Mr. HARDIN moved to amend by striking out out "600" and leaving the blank to be filled hereafter.

The motion was agreed to, and the resolution was then laid on the table.

SEATS OF MEMBERS.

Mr. MCHENRY offered the following resolution, and it was laid over, and made the special order after reading the Journal in the morning:

10. Resolved, That instead of the mode pointed out in the present Constitution for calling a Convention to re-adopt, amend, or change the same, the persons legally authorised to vote shall, every year after the adoption of the new Constitution, at the stated elections for members of the Legislature, cast their votes on the propriety of calling a Convention, and if a majority of all the legal voters of the State shall vote for the call of a Convention, two years in succession, then the next Legislature shall pass a law for holding a Convention; but if such majority do not so vote either year, then at the end of years from that time, a similar vote shall be taken, and so on every years, until the requisite majority shall vote two successive years for the call of a Convention. 11. Resolved, That writs of error, from the in-sign seats, by lot, in the following manner: The ferior courts to the Court of Appeals, should be allowed to the accused in criminal prosecutions. 12. Resolved, That any amendments to the present Constitution, which this Convention may adopt, shall be submitted to the qualified voters of this Commonwealth for approval, and if not approved by a majority of those who cast their votes, such amendments shall not take effect, but the present Constitution shall still remain in full force until changed according to its own provisions.

The resolutions having been read,

Mr. TURNER said, in offering these resolutions, I am not vain enough to expect that they will all meet the views of a majority of the Convention. They are thrown out merely as suggestions for the consideration of the Convention among other propositions that may be submitted. Indeed there are some of them that I have considerable doubt about myself. I intend to act here upon deliberation and not upon preconceived opinions. I have drawn them up with some attention, however, and I hope they may be received and such consideration given to them as may be deemed proper. It may be doubtful whether we ought to debate propositions of this sort until after the committees have

Resolved, That this Convention will now as

Secretary shall put the names of the members box, and proceed to draw them out, one at a on separate papers, as near alike as may be, in a each member shall, as his name is drawn, select time, shaking the box before every drawing, and his seat, and have a right to occupy the same during the session of the Convention.

DISCUSSION OF PROPOSITIONS.

and on the suggestion of Mr. Meriwether it was Mr. DIXON offered the following resolution,

referred to the Committee on Rules:

Resolved, That no original resolution, offered to the Convention, proposing any amendments to the Constitution, shall be discussed on its merits, till it shall have been referred to the appropriate committee.

COMMITTEES.

Mr. CHAMBERS offered the following resolu tion, yiz:

Resolved, That the people of the Commonwealth of Kentucky, in ordering and calling this Convention, desired not to abolish, but to alter and amend their existing State Constitution; and that, to enable the Convention to determine what amendments are required, it is expedient to appoint six committees, to consist of

however to have engaged the attention of the Legislature, by which the act for assembling this Convention was passed. How far this body will adopt what has been done by the Legislature, it is not for me to indicate. If the resolution be passed to admit this gentleman, every repor ter from every paper in the State, who may present himself, will be entitled to the same privi

members each, to whom the appropriate divisions of the Constitution, with the amendments that may be offered to the same may be refered; and that the first of said committees be styled The committee on the Legislative Department; the second, The committee on the Executive Depart ment; the third, The committee on the Judicial Department; the fourth, The committee on Slavery; the fifth, The committee on General Provis-lege, and it is a subject which I think is worthy ions; the sixth, The committee on the mode of revising the Constitution.

Mr. KAVANAUGH submitted the following as a substitute:

of a little consideration, how far this privilege ought to be extended, and how far this body will acquiesce in the course which the Legislature has pursued. I do not desire now to ex1. Resolved, That a committee of ten be raised press any opinion as to the propriety of that leto ascertain the number of standing committees gislative action. I supposed that the question necessary to facilitate the deliberations and busi- would have been called for, and that there ness of the Convention; and that said commit-would ere now have been an expression of the tee report the same, together with a proper designation of each of said committees."

2. That, in order to form said committees, the delegates, collectively, from the counties of each congressional district of the State, shall select one of their own number as a member of said committee, and report such selection to-morrow morning.

On motion both propositions were laid upon the table and ordered to be printed:

Mr. THOMPSON submitted the following, of which the same disposition was made:

Resolved, That the preamble, and first article of the Constitution of this Commonwealth be referred to a committee of five members; that the second article thereof be referred to a like

body in regard to it. For one I may be permitted to say that I have no objection to that course. The object which I had in rising was to ask the gentleman to postpone this matter for a little, that members may see how far they will be inconvenienced by reporters' desks in this Hall. We may have conflicting reports in the different papers, and I think at least that we might take a few hours to reflect, because, if the privilege be conferred upon the individual whose application is before us, we must extend it to all others. Certainly we cannot make a distinction. Therefore I think it is a question which is worthy of a little reflection. I hope the gentleman will consent to let the resolution lie upon the table.

Mr. PRESTON. I would willingly consent committee of five members; that the third arti- to the proposition made by the gentleman from cle be referred to a like committee of five mem- Nelson, (Mr. C. A. Wickliffe,) but I believe it bers; that the fourth article be referred to a com- will be useless and only take up the time of mittee of nine members; that the fifth article be this House about a matter that is not of much referred to a committee of five members; that importance at any time. I did not intend to the sixth article be referred to a committee of present this resolution to-day to the interruption five members; that the seventh article be referred of any material business, and should have postto a committee of five members; that the eighth poned it, but that I was afraid that to-morrow article be referred to a committee of five mem-important matters would be brought up in combers; that the ninth article be referred to a committee of the whole, and that it might then be mittee of five members; that the tenth article be more inconvenient to present it. I know that in referred to a committee of five members; and that Congress a great many Reporters are admitted, the schedule in said Constitution be referred to a there being thirty States of the Union interested like committee of five members; the members or in their proceedings, but so far from that being said several committees to be appointed by the the case here, it would have been almost imposPresident: and that said several committees re-sible to have obtained a Reporter, had it not port to this Convention, for its action, such amendments as to them shall seem proper, to the several articles of the Constitution to them re

ferred.

been for the action of the Legislature. This proposition, however, is not to appoint a Reporter, or that he shall be paid by the State, but only that a Reporter, who proposes to report gratuitously, be admitted upon the floor. It cannot Mr. MICHAEL L. STONER, from the coun-produce an inconvenience as the gentleman ties of Cumberland and Clinton, appeared and seems to apprehend. I certainly would be the took his seat.

ANOTHER MEMBER.

ADMISSION OF A REPORTER.

last to desire to encumber or embarrass the Convention. Another thing has been alluded to by the gentleman, and it is the probability of havMr. PRESTON offered the following resolu-ing contradictory reports. We have an official ion:

Resolved, That H. M. McCarty, reporter for the Louisville Courier, be admitted to the floor of this Convention, and have the privilege of a reporter's desk.

He presumed there would be no inconvenience attending it, and he hoped the privilege would be extended to this gentleman.

Mr. C. A. WICKLIFFE. The subject of reporting the debates of this body, is one which has not yet attracted the attention of its members. It seems

report prepared by a very skilful Reporter appointed for us by the State. It is probable that no other may desire the privilege except two or three from our own State-perhaps from Maysville and one or two others—and no disadvantage can possibly arise from this arrangement; perhaps our debates may be more correctly presented, for no Reporter can keep his attention so constantly fixed that he may not be sometimes in error. I believe the House will sustain no inconvenience by giving the privilege to this

Mr. ROOT offered the following resolution: Resolved, That the President of this ConvenMr. MERIWETHER. The suggestion which I am about to make will probably settle the mat- tion be requested to direct the Sergeant-at-Arms ter. There can be no necessity for the admis-to place a table in front of the Clerk's table, for sion of this Reporter, because by subscribing to the use of the Delegates when they may address the Daily Commonwealth, the Louisville Courthe Convention at length. ier can obtain all the Reports as correctly as by

Mr. MAYES was opposed to the amendment. If he could see any public good that would result from printing 2500 copies of the Debates of the Convention he would cheerfully vote for it. Mr. GHOLSON offered a substitute as follows: It was a matter worthy of consideration and re- Resolved, That a committee of five be appointflection, and he would therefore move to post-ed whose duty it shall be to ascertain on what pone the further consideration of the subject un- terms the editors of the Commonwealth and til to-morrow. Yeoman will furnish, each, to the members of