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THE CONVENTION.

REPORTED FOR THE CONVENTION.

H. FOWLER, CHIEF REPORTER.

POLE.

THONY

LER.

LER.

MONDAY, Oct. 7, 1850. Hancock and Madison—THOMAS. D. WalThe Convention assembled in the Hall of the House of Representatives, at 10 o'clock,

Huntington, Kosciusko and Whitley-ELIAS

MURRAY. A. M., and was called to order by the Hon.

Huntington and Whitley - JACOB WONDERCHARLES H. Test, Secretary of State, in pur

LỊCH. Elance of an act of the last General Assembly,

Jackson and Scott, John F. CARR. to provide for the call of a Convention of the People of the State of Indiana, to revise, amend,

Lake, Laporte and Porter-Samuel I. Aror alter, the Constitution of said State.

Lake and Porter-DANIEL CRUMBACKER. The names of the members of the Conven

Marshall, Fulton and St. Joseph-Hugh Miltion being called over by the Hon. Charles H. Test, Secretary of State, by Senatorial Dis

Marshall, Fulton and Stark-Amzi L. WHEEtricts and Counties, the following gentlemen appeared, and the oath to support the Constitu

Miami and Wabash-HARRISON KENDALL. ton of the United States, and, to the best of

Monroe and Brown-DANIEL READ. their ability respectively, to perform the duties

Ohio and Switzerland-ABEL C. PEPPER and of their office as Delegates to this Convention, DANIEL Kelso. Fas administered to them by the Hon. ISAAC

Orange and Crawford—William É. SherBLACKFORD, a Judge of the Supreme Court of the State:

Owen and Green-David M. Dobson. From the district of Allen, Adams and Wells Parke and Vermillion-OLIVER P. Davis. -JAMES W. BORDEN.

Perry, Spencer and Warrick-John P. Dunn. Bartholomew and Jennings—HIRAM PRA- Posey and Vanderburg—JAMES LOCKHART. THER.

Sullivan, Clay and Vigo-WILLIAM R. HadBenton, Jasper, Pulaski and White-Jona: DON. THAN HARBOLT.

Warren, Benton, Jasper and White-Robr. Blackford, Jay and Randolph-Nathan B. C. KENDALL. HAWKINS.

Wells and Adams-ERASTUS K. BASCOM. Blackford and Jay-Dixon MILLIGAN. County of Allen-ALLEN HAMILTON. Carroll and Clinton-HIRAM ALLEN.

Bartholomew-ZACHARIAH TANNEHILL. Cass, Howard and Pulaski-HORACE P. Bid- Boone-MARK A. Duzan and WILLIAM MC

ROD.

DLE,

LEAN.

Cass and Howard-GEORGE A. Gordex. Brown-SHADRACH CHANDLER.

Clinton and Tipton-CORNELIUS J. MILLER, Carroll-ROBERT H. MILROY. and STEPHEN SIMs.

Clark-JAMES G. READ, THOMAS W. GIBSON DeKalb, Noble and Steuben-ROBERT Work. and JACOB FISHER. DeKalb and Steuben-EDWARD R. May. Clay-Francis B. Yocum. Dubois, Gibson and Pike-SMITH MILLER. Crawford-SAMUEL PEPPER. Elkhart and Lagrange-JOSEPH H. MATHER. Daviess-ELIAS S. TERRY. Fayette and Union-DANIEL TREMBLY. Dearborn-WILLIAM S. HOLMAN, JOHNSON Grant and Delaware-WALTER MARCH. WATTS and John D. JOHNSON.

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Decatur-JAMES B. Foley and JOSEPH ROB- Sullivan-BENJAMIN WOLFE. INSON.

fror Dubois-BENJAMIN R. EDMONSTON

Tippecanoe-JOEL B. McFARLAND,John PET

CIT and OTHNIEL L. CLARK. Delaware—David KilgoRE.

Union-BENJAMIN F. BROOKBANK.
Elkhart-WALTER E. BEACH.

Vermillion—THOMAS CHENOWITH.
Fayette-Ross SMILEY and William W. Vigo—CROMWELL W. BARBOUR, GRAFTON
THOMAS.

F. COOKERLY and THOMAS I. BOURNE.
Floyd-Phineas M. Kent and Henry P. Wabash-William STEELE.
THORNTON.

Warren-JAMES R. M. BRYANT. Fountain-JOSEPH Coats and Joseph Ris- Warrick-CHRISTOPHER C. GRAHAM. TINE.

Washington-John I. Morrison, EZEKIEL Franklin-GEORGE BERRY, SPENCER WILEY { D. LOGAN and RODOLPHUS SCHOONOVER. and GEORGE G. SHOUP.

Wayne—John S. NEWMAN, JAMES RARIDEN, Gibson-SAMUEL HALL.

OTHNIEL BEEson and John BEARD. Grant-BENONI C. Hogin.

The Delegates were all present but Messrs. Green_THOMAS BUTLER.

Jones of Bartholomew, CONDUIT of Morgan, Hamilton—ALBERT COLE and HAYMOND W. } COLFAX of St. Joseph, Ritchey of Johnson, CLARK.

TAYLOR of Laporte, Hovey of Posey, and
Hancock-GEORGE TAGUE.

BLYTHE of Vanderburgh.
Harrison-JOHN ZENOR and John MATHES.
Hendricks-HENRY G. TODD and CHRISTIAN

THE ORGANIZATION.
C. Navë.

The SECRETARY OF STATE now anHenry-Isaac KINDLEY, DANIEL MOWRER nounced that a quorum of the Convention was and GEORGE H. BALLINGALL.

present, and ready to proceed to the businesss Jackson SAMUEL P. MOONEY.

of organization, according to the pleasure of the Jefferson-MILTON GREGG, MICHAEL G. BRIGHT Convention. and William M. Dunn.

Mr. OWEN offered for adoption the followJennings-John L. SPANN.

ing resolution: Johnson-FRANKLIN HARDIN.

Resolved, That this Convention now proceed Knox-JAMES Dick and WILLIS W. HITT. to elect a President by viva voce vote. Kosciusko-JAMES GARVIN.

The question having been announced by the Lagrange-John B. HOWE.

Secretary of StateLaporte—John B. NILES.

Mr. PETTIT proposed the following as a Lawrence-GEORGE W. Carr and MELCH- { substitute for the resolution of the gentleman ERT HELMER.

from Posey: Madison-JOHN Davis.

Resolved, That Geo. W. Carr, Delegate
Marion-ALEXANDER F. MORRISON, DAVID { from the county of Lawrence, be chosen Pres-
WALLACE, DOUGLASS MAGUIRE and JACOB P.ident of this Convention.
CHAPMAN.

Mr. OWEN accepted the substitute.
Martin-THOMAS GOOTEE.

Mr. BORDEN said, he saw by this proceedMiami-JOHN A. GRAHAM.

ing that the Convention was likely to get into Monroe-WILLIAM C. Foster, Sr.

a difficulty at once, and inasmuch as they had Montgomery–HENRY T. Snook, David A. adopted no rules for their government, it occurSHANNON and HORACE E. CARTER.

red to his mind that the only way by which the Morgan-JAMES CRAWFORD.

body could come to an understanding and a deNoble-THOMAS P. BICKNELL.

cision of the matter, would be to act directly Orange-WILLIAM HOLLADAY.

upon the question of the adoption of the origiOwen-GEORGE W. MOORE.

nal resolution. Parke-WILLIAM R. NOFFSINGER and SAM- Mr. PETTIT said, he saw no difficulty in UEL Davis.

the way. The Secretary of State was author. Perry-SAMUEL FRISBIE.

ized by law to organize the Convention, and Pike-CHARLES ALEXANDER.

the next step to be taken was the election of a Posey-ROBERT DALE OWEN.

President.
Putnam-ALEXANDER C. STEVENSON, ALEX- The question being upon the adoption of the
ANDER S. Farrow and OLIVER P. BADGER, substitute-
Randolph-BEATTIE MCCLELLAND.

Mr. KILGORE demanded the yeas and nays.
Ripley—THOMAS Smith and HENRY J. Bow. Mr. CHAPMAN suggested that there was

no rule under which the yeas and nays could Rush-JESSE MORGAN, JEFFERSON HELM } be taken. and William A. BRACKEN.

Mr. RARIDEN said, he did not wish to Scott-HEZEKIAH S. SMITH.

precipitate business. He thought the original Shelby-Thomas A. Hendricks and JAMES proposition offered by the gentleman from PoVANBENTHUSEN.

sey, (Mr. Owen,) would meet the wishes of the Spencer-WILLIAM HUFF.

whole Convention, unless, perhaps, some gen.

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tleman might object to the manner prescribed { of the State was organized. He maintained for the election—by a viva voce vote. If gen- | that the proposition of the gentleman from Potlemen were opposed to this manner of voting, sey (Mr. Owen) was a fair proposition; it was the words might be readily stricken out. common in the Legislature of the State and

Mr. STEVENSON said, he had no objec- well understood by all. Whatever preference tion to Mr. Care going into the Chair of the for this office gentlemen might entertain, could Convention, but he would suggest that as the be as well expressed in this as in any other usual mode of electing the officers of delibera- way. tire bodies of this State was by ballot, it might Mr. STEELE said, if it was in order, he perhaps, be the better way for the gentleman would move to amend the substitute by strikto withdraw the proposition.

ing out all after the word resolved, and insertMr. PETTIT said, he understood that his ing the proposition of the gentleman from Poamendment had been accepted.

sey. The SECRETARY OF STATE observed, Mr. PETTIT said, that in order to give entire that the amendment was accepted by the gen- satisfaction to gentlemen on all sides, especialtlemanfrom Posey.

ly to those gentlemen who were desirous of Mr. MORRISON, of Marion, said, he was recording their votes, he would withdraw his Tery sorry that any discussion should arise upon amendment. such a question. He was in favor of the prop- The amendment was withdrawn accordingly. osition as originally submitted, before the amend- Mr. KILGORE proposed to amend the resoment was accepted, and the reason why he lution by adding the words : "and that all other was in favor of the original proposition was

officers of this Convention be elected in the this: if the Convention should now go into a same manner." viva voce vote, it would require but little more Mr. PETTIT opposed the amendment. He time than for the Secretary to take the mere could not think that gentlemen were serie passive vote proposed in the amendment.- ously disposed to go into the election of all the Should the resolution of the gentleman from assistant Door-keepers, the fire makers, and Tippecanoe be adopted, Mr. CARR would be the laborers that were necessary about the House, President of the Convention-to all of which at this time. he was agreed; but if the original resolution The amendment of the gentleman from Delwas adopted each gentleman could vote for whom aware (Mr. Kilgore) was withdrawn, and the he pleased, and in this way gentlemen could question being taken, the resolution of the gengire either complimentary votes or elective tleman from Posey (Mr. Owen) was adopted. Totes, as they should see proper.

Mr. BORDEN said, that the Convention Mr. OWEN said, that to save time he would having decided to go now into the election withdraw the proposition as amended, and offer of a President, he would take the liberty of again the original resolution.

proposing the name of Hon. Geo. W. CARR, Mr. PETTIT also re-offered the substitute one of the delegates from the county of which he had before proposed. By the adop- Lawrence, for that station. In doing so, he tion of his proposition, he said, there would be desired to be allowed to say that the dignity but one vote and Mr. CARR would be President and impartiality with which that gentleman had of the Convention-which would be the result presided over the House of Representatives, of of any vote that might be taken; but if the orig- this State, for the last two sessions of that inal resolution was adopted, the names of all body, was a sufficient guarantee, that, by placthe members would have to be called over to ing him in the Chair, the Convention would ascertain the vote.

secure the services of a presiding officer well Mr. KELSO said, he understood that the qualified for the station, and in every way worquestion was now upon the adoption of the thy of it. amendment. He did not agree with the gen- Then the roll being called by the Secretary tleman from Tippecanoe, (Mr. Pettity) that it of State it was ascertained that the whole would be better that there should be but one number of members voting was 140—71 bevote for this officer. For himself, however, he ing necessary to constitute a majority. declared that he stood ready to vote for Geo. The Secretary of State announced that Mr. W. CARR-he intended to vote for him, but he Geo. W. CARR had received 134 votes (scatterwas opposed to his appointment by resolution | ing 6)-as follows: in this way. He was willing to vote for the Ayes. Messrs. Allen, Anthony, Badger, Balfirst resolution, but if the amendment prevailed | ingall, Barbour, Bascom, Beach, Beard, Beehe should vote against it.

son, Berry, Bicknell, Biddle, Borden, Bourne, Mr. SPANN observed, that this was a mere Bowers, Bracken, Bright, Brookbank, Bryant, matter of form; but upon examination of the Butler, Cart of Jackson, Carter, Chandler, law, with reference to the organization of this Chapman, Chenowith, Clark of Tippecanoe, Convention, he found that it was expressly pro- Coats, Cookerly, Crawford, Davis of Madison, vided that the organization should be effected Davis of Parke, Davis of Vermillion, Dick, in the manner in which the General Assembly Dobson, Dunn of Jefferson, Dunn of Perry,

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Duzan, Edmonston, Farrow, Fisher, Foley, Mr. PETTIT said, that in consequence of
Foster, Frisbie, Garvin, Gibson, Gootee, Gor- } the amount of business which it was desirable
don, Graham of Miami, Graham of Warrick, should be done out of doors, he would move that
Hall, Hadden, Holliday, Hamilton, Hardin, Hel. the Convention do now adjourn until to-morrow
mer, Hendricks, Hiatt, Hogin, Holman, Huff, morning at 9 o'clock.
Johnson, Kelso, Kent, Kendall of W., Ken- Mr. KILGORE desired to amend the motion
dall of Warren, Kilgore Kindley, Lockhart, by striking out the words “to-morrow morning
Logan, Maguire, March, Mather, Mathis, at 9 o'clock," and inserting the words "two
May, McClelland, McFarland, McLean, Mil- o'clock this afternoon." He was proceeding
ler of Clinton, Miller of Gibson, Miller of} to offer a reason for this modification, when-
Fulton, Milligan, Milroy, Mooney, Moore, Mor- The PRESIDENT interposed, and stated to
gan, Morrison of Marion, Morrison of Wash- } the gentleman from Delaware, that the prop-
ington, Mowrer, Murray, Nave, Newman, Niles, osition was not debatable.
Nofsinger, Owen, Pepper of Ohio, Pepper of Mr. KILGORE contended that this motion
Crawford, Pettit, Prather, Rariden, Read of } to adjourn was debatable, because the Con-
Clark, Read of Monroe, Ristine, Robinson, vention had not yet adopted rules—and being
Schoonover, Sherrod, Shoup, Sims, Smiley, without any rules of government, anything
Snook, Smith of Ripley, Smith of Scott, and everything was in order.
Spann, Steele, Stevenson, Tague, Tannehill, Mr. BORDEN called the gentleman from
Terry, Thomas, Thornton, Trembly, Vanben- Delaware (Mr. Kilgore) to order.
thusen, Wallace, Walpole, Watts, Wheeler, Mr. KILGORE having taken his seat,
Wiley, Wolf, Work, Wunderlich, Yocum The PRESIDENT requested the gentleman
and Zenor-134.

from Allen (Mr. Borden) to reduce his point of The following gentlemen voted blanks, viz : order to writing.

Messrs. Clark of Hamilton, Cole, Hawkins, Mr. BORDEN said, that a motion to adjourn Helm, Howe, and Todd—6.

from day to day was not debatable. In reply Mr. Geo. W. CARR, a delegate from the to the argument of the gentleman from Delacounty of Lawrence, was therefore declared }ware, that the Convention had no rules to govto be duly elected to the office of President of ern their proceedings, he affirmed that the lex the Convention.

Parliamentaria was in force, and was the rule On motion by Mr. BORDEN it was to govern the proceedings of every deliberative

Ordered, That a committee of two be ap- body in the country until such body had adopted pointed to wait upon the President, and conduct rules for its own government; that the lex Parhim to the Chair.

liamentaria was as much the law to govern the · The SECRETARY of STATE, accordingly proceedings of any deliberative body, as the popointed Messrs. BORDEN of Allen, and Smith common law was applicable to the government of Ripley, and this service being performed by of proceedings of the courts of law. It was them

true that when any legislative body had adoptThe PRESIDENT rose and said :

ed rules to govern its proceedings, those rules GENTLEMEN : I rise to tender to you my sin- necessarily superseded the general parliamentcere and grateful acknowledgements for the ary rules in all cases wherein they conflicted. distinguished honor you have confered upon But this body, not having as yet adopted any me in electing me to preside over this Conven- rules for its government, was necessarily govtion. The memory of your partiality and this erned by_usages applicable to all deliberative evidence of your confidence, will be carefully bodies. For these reasons, inasmuch as the cherished by me to the latest period of my life. { motion was clearly not debatable, he called

GENTLEMEN, you are assembled here for the the gentleman to order.
discharge of high and important duties ; and Mr. KILGORE said, he was aware that the
the fact that you have been selected by the gentleman on his left (Mr. Borden) understood
people for the performance of those duties, is parliamentary law very well. He doubted not
à sufficient guarantee to me, that your inter that that gentleman had been studying this
course with each other will be constantly branch of knowledge very diligently during the
marked by that high-minded and liberal bear- | whole of last summer. But the gentleman
ing which everwhere distinguishes a free people. misunderstood his proposition. He had not of-

În entering upon the discharge of the duties (fered a proposition for adjournment, but simply of this place, I cannot but distrust my ability to to amend the proposition of the gentleman from meet your expectations ; but I shall throw my- Tippecanoe. He now desired simply to say to self upon your indulgence, and shall rely much his experienced friend from Tippecanoe, that he upon the hope that I shall be constantly aided | would like himself to know something about by your own wise counsel and experience. this informal business out of doors, to which the

With these assurances I accept the office to gentleman alluded. He threw himself upon which you have called me, and promise, as far the kind indulgence of that gentleman, and inas my ability will permit, a faithful and fair sisted that he should permit those who were discharge of its duties.

not so much experienced — the within-door

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