Which was decided in the negative. Mr. Gregg moved to lay the resolution on the table. Which was decided in the affirmative. The resolution submitted by Mr. Pepper of Ohio, on the 15th instant, on the subject of Banking by the State, was taken up. Mr. Kelso moved to amend so as to make it a resolution of inquiry, but before the vote was taken thereon, the Convention, On motion of Mr. Pepper of Ohio, Adjourned until 2 o'clock, P. M. Two o'clock, P. M. Mr. Pettit submitted the following resolution (the order of business being suspended for that purpose,) to-wit: Resolved, That the President certify the mileage and per diem of Benjamin F. Brookbank and James Osborn up to this day inclusive, allowing each of them the legal rates of a member of this Convention, and that the President inform the Governor that there is a vacancy in this Convention of a Representative Delegate from the county of Union. Which was adopted by consent. The resolution submitted by Mr. Pettit, on the 14th instant, in relation to the grand jury system, (which was the special order for 2 o'clock this day,) was taken up. Mr. Bascom moved to amend as follows: "Strike out from the word resolved and insert, That the committee on the organization of courts of justice be instructed to inquire into the expediency of changing the present grand jury system;" And before action thereon, On motion of Mr. Pettit, The Convention adjourned until to-morrow morning at 9 o'clock. TUESDAY MORNING, OCTOBER 22, 1850. The Convention met. Prayer by the Rev. Mr. Hull. Journal of yesterday read. On motion of Mr. Stevenson, Leave of Absence was granted Mr. Hitt. Leave of absence was granted Mr. Sims. The special order was then taken up, being the resolution heretofore submitted by Mr. Pettit on the subject of grand juries. The question being on the amendment proposed by Mr. Bascom, but before action thereon, On motion of Mr. Gibson, The Convention adjourned to 2 o'clock, P. M. Two o'clock, P. M. The Convention met. On motion of Mr. May, The order of business was suspended to enable him to present the following protest to be spread upon the journal, which was consented to, to-wit: To the Honorable the Constitutional Convention now in session: The undersigned, members of your honorable body, being of opinion that your honorable body transcended its powers in the election of a Printer, and in deciding that Jacob P. Chapman is not legally authorized to do its printing as Printer for the State, do most respectfully protest against the above named decision, and order of your honorable body for the following reasons: 1. Jacob P. Chapman was duly elected State Printer under the act of 1843, and is still State Printer; that his election under that act, and giving bond in accordance with it, constitute a contract under which he is entitled to the printing of this honorable body, and being now ready and willing to execute that printing, this honorable body has not, in the opinion of the undersigned, any power to deprive him of that right, or to cause its printing to be done by any other person. 2. In the opinion of the undersigned, this honorable body has no power to order the payment of its Printer, who has been elected, for his services, and that there is no fund out of which he can be legally paid; that said printing can neither be superintended, measured, audited, nor paid, by any officer or officers of this State; that the president of this honorable body can not lawfully certify to said printing before the adjournment of this honorable body, and still less afterwards; and that this honorable body has no powers to appropriate money for printing, other than those conferred upon it by the act of the General Assembly of this State, authorizing the call of this Convention. The undersigned do therefore humbly request that this their protest may be entered on the journal of this honorable body. F. HARDIN, JOHN L. SPANN, JAMES W. BORDEN. The consideration of the business pending when the Convention last adjourned, was resumed. On motion of Mr. Pettit, The pending resolution was modified by adding the following: "Provided, That the General Assembly may, after the expiration of five years, restore the grand jury system." Mr. Bascom withdrew the amendment submitted by him. Mr. Holinan submitted the following amendment, to-wit: 1. That the public will should not be restricted by unnecessary limitations of the legislative power. 2. That the manner of preferring, and the mode of prosecuting a criminal accusation, are matters purely legislative, and should be left to the legislative department of government. 3. That the committee on criminal law be instructed to omit the words "indictment," "presentment," or "impeachment," where the same occur in sections 12 and 13, of article 1st, of the old Constitution. Mr. Bascom moved to amend the amendment so as to make the resolution one of inquiry only; but before further action, On motion of Mr. Biddle, The Convention adjourned until to-morrow morning 9 o'clock. WEDNESDAY MORNING, OCTOBER 23, 1850. The Convention met. Prayer by the Rev. Mr. Ames. Journal of yesterday was read. Mr. Morrison of Washington moved to suspend the order of business, to enable him to move to take from the table a communication from the Cashier of the State Bank, and refer the same to the committee on education. Which was decided in the affirmative, and the communication was so referred. The order of business being further suspended, Mr. Morrison of Washington offered the following resolution: Resolved, That the committee on education be instructed to inquire into the expediency of reporting a provision in the amended Constitution, requiring that the proceeds from the sales of all lands which have been, or may hereafter be, granted by the United States to this State, for common school purposes, and the proceeds of all lands or other property given by individuals or appropriated by the State for like purposes, and the proceeds from the sales of all lands that have been, or may be hereafter, granted to this State, and which shall not be granted for any other specific object, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the maintenance of common schools, and to no other purpose whatever. The question being taken on the adoption of the resolution, The Chair submitted the following communications : INDIANAPOLIS, October 22, 1850. HON. GEO. W. CARR, President of the Convention: SIR-In accordance with the resolution adopted on the 19th inst., in relation to publishing the proceedings of the Convention in the Journal and Sentinel of this city, I have the honor to state, that I have this day received the following communication from the editors of said papers, in reply to a note addressed them on the 19th inst., enclosing a copy of the resolution in question. Very respectfully, WM. H. ENGLISH, Sec. C. C. INDIANAPOLIS, October 22, 1850. WM. H. ENGLISH, Esq., Secretary of Convention : DEAR SIR-In reply to your note of the 19th, in relation to the publication of the debates in our respective papers, we have to say, that we agree to the proposition made by the Convention. Yours, &c., JOHN D. DEFREES, Alexander B. Conduit, one of the Delegates from the county of Morgan, appeared, produced his credentials, was sworn into office by the Hon. Horace P. Biddle, and took his sent. On motion of Mr. Smith of Ripley, The order of business was suspended for half an hour, to enable members to submit resolutions of inquiry for the purpose of reference to standing committees. Mr. Smith of Ripley submitted the following resolution: Resolved, That section 9, and so much of section 10 as refers to clerks of the circuit court, and all of section 12, of article 5, of the Constitution, be referred to the committee on county and township organization, powers and duties of officers. The question being taken on the adoption of the resolution, Mr. McFarland submitted the following resolution: Resolved, That the President of the State Bank be requested to furnish this Convention, at the earliest possible period, answers to the following interrogations: 1st. What was the number of stockholders in each separate Branch of the State Bank on the 1st day of October, 1850? |