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all bills or notes issued or put in circulation as money, and shall require ample security for the redemption of the same in specie.

Sec. 5. In case of the insolvency of any bank or banking association, the bill holders thereof shall be entitled to preference in payment over all other creditors of such bank or association.

Sec. 6. The stockholders in any corporation, or association for banking purposes, issuing bank notes or any kind of paper credits to circulate as money, shall be indirectly responsible to the amount of their respective share or shares of stock in any such corporation or association for all its debts or liabilities of any kind.

The reading of the resolutions being concluded,

Mr. LOVELL said he did not agree with the gentleman in his plan of arranging the business of the convention. It was forestalling the action of that body, and the propositions themselves opened a wide field for controversy. He felt satisfied that i adopted they would tend to retard rather than expedite the business of the session. At best, they were a mere expression of individual opinion-such an one as any member might make-and he could not see, theretore, as they were entitled to any special consideration, and especially to the distinction of being printed.

Mr. JUDD concurred in the opinion that the propositions were improper at the present stage of the proceedings. Should they be adopted, and other members see fit to follow the precedent of thrusting their own individual plans before the convention, it might lead to great confusion, and endless expense for printing.

Mr. DUNN thought the motion to print should prevail. The object of printing was to enable every member to see the full extent of every proposition submitted to his consideration. It was not a special distinction, but a measure of necessity, without which they could not safely act upon the contents of any bill or other proposition which might be offered. He apprehended that the danger of incurring great expense from this source was slight indeed-not half equal to the expense of delaying the proceedings of this body for a single hour. The motion was both reasonable and proper, and he trusted would be adopted.

Mr. CHASE hoped the motion would not prevail. The resolutions could be regarded in no other light than as instructions-thus forestalling the action of that body upon the subjects which they presented. He trusted that the usual and necessary committees would be appointed, and the various articles brought forward in their own proper order, untrammelled by any action of the kind proposed.

Mr. KILBOURN explained at some length the object which induced him to offer his propositions-disclaiming entirely any intention of inducing premature action. He believed they would expe dite the business of the session-an object he most sincerely desired. If adopted, the convention would confine itself entirely to the discussion and settling of principles, and the committees having thus been. instructed as to what would be required of them, could frame the articles accordingly-whereas, by the method before pursued, the committees had first to report, and then great delay was caused by the discussions which sprang up, and amendments which were made to their labors.

Mr. BEALL expressed himself in opposition both to the spirit and intention of the gentleman's propositions. The people did not want

the old constitution amended, but a new one framed; and members had been sent here for that purpose. He hoped therefore that they would at once set about it.

Mr. CASTLEMAN said he had seconded the motion to print. He did so because he was not intimately acquainted with the proceedings of a deliberative body, and unless the propositions were printed and laid upon his desk, he could not take in their whole scope at once.

The motion to print, on a division being called, prevailed; there being 45 in the afirmative-negative not counted.

Mr. LARRABEE introduced the following resolution, which was read, to wit:

"Resolved, That a committee of five be appointed by the chair, who shall ascertain the number of standing committees necessary for the business of the convention, and report the same with their respective designations and duties."

Mr. A. G. COLE introduced the following resolution, to wit: "Resolved. That the president be directed to invite the resident clergymen of Madison, to attend alternately, and open the convention each morning with prayer."

And the rules having been first suspended for that purpose,
The said resolution was adopted.

Mr. REED introduced the following resolution, which was read,. to wit:

"Resolved, That each member of the convention be furnished with sixty copies of any weekly newspaper published in Madison, during the session of the convention."

Mr. SANDERS introduced the following resolution, to wit:

"Resolved, That a committee of seven, be appointed to report rules and regulations for the government of the proceedings of this convention; and that said committee be instructed to report to-morrow morning immediately after the opening of the convention." And the rules having been first suspended for that purpose, The said resolution was adopted.

Mr. RICHARDSON introduced the following resolution, which was read, to wit:

"Resolved, That one hundred copies of all reports of committees, and of all petitions and resolutions ordered to be printed, be printed for the use of the convention, without further order."

Mr. CHASE introduced the following resolution, to wit:

Resolved, That the officers of this convention are hereby directed to have this hall swept and warmed by seven o'clock A. M. each day, during the session."

And the rules having been first suspended for that purpose,]

The said resolution was adopted.

Mr. FENTON asked leave to present to the convention the petition of COL. WILLIAM S. HAMILTON, a citizen of La Fayette county, asking for permission to contest the seat of the Hon. JOHN O'CONNOR. He remarked that he did so at the particular request of CoL. HAMILTON, and as an act of courtesy to him; and that he knew nothing of the merits or de-merits of the controversy.

Mr. WHITON introduced the following resolution, which was read, to wit:

"Resolved, That the petition of WILLIAM S. HAMILTON, relative to the seat of the Hon. JoHN O'CONNOR, be referred to a committee

of five members, before whom the petitioner and the said JOHN O'CONNOR are to appear, and said committee shall receive such proof and allegations as the parties shall judge proper to offer; and the said committee shall have power to appoint a commissioner or commisssioners to take depositions in the counties of lowa and La Fayette; Provided, that either party or their attornies duly authorized, may be present at the taking of such depositions and may put interrogatories if he or they think fit; and the depositions so taken shall be reduced to writing by a commissioner, and subscribed by the witness; and when so taken, shall be sealed up and sent to the president of the convention, and such commissioner or commissioners are hereby authorized and empowered to issue subpœnas to compel the attendance of witnesses.

"Resolved, That WILLIAM S. HAMILTON be allowed to appear before the convention in person or by attorney, to advocate his claim to the seat now occupied by the Hon. JOHN O'CONNOR."

Mr. BEALL introduced the following resolution, to wit:

"Resolved, That the secretary be directed to employ some person in Madison, to do the incidental and other printing until the further order of the convention."

And the rules having been first suspended for that purpose,
The said resolution was adopted.

Mr. GALE introduced the following resolution, to wit:

"Resolved, That the secretary of the territory be requested to certify to this convention, the official canvass in each county of the votes given for and against the late constitution; and, also, that upon the separate article extending the right of suffrage to colored per

sons."

The rules having been first suspended,

Mr. LOVELL moved to amend the resolution by striking out the word "secretary," and inserting the word "governor."

Which was disagreed to.

The question then recurred on the adoption of the resolution.
And having been put;

It was decided in the affirmative.

The PRESIDENT announced the appointment of the following committee to whom was referred a revision of the standing rules, to wit:

Messrs. SANDERS, DUNN, PRENTISS, BISHOP, ESTABROOK, LEWIS, and KING.

Mr. KING moved that the rules he suspended in order to take up the resolutions introduced by Mr. WHITON, relative to the petition of Mr. HAMILTON.

Which was agreed to.

And pending the question on the adoption of said resolutions, On motion of Mr. CHASE, the convention adjourned until three c'clock P. M.

THREE O'CLOCK, P. M.

The pending question being on the adoption of the resolutions introduced by Mr. WITON.

Mr. CHASE moved to amend the same by striking out all after the word offer," in the 7th line;

Mr. CHASE said he did not believe it to be the duty of the con

vention to send commissioners through two or three counties to collect testimony. He considered it the duty of the petitioner claiming the seat to procure the testimony upon which he predicated his claim. If commissioners were appointed to traverse the country in search of testimony, an interminable expense would be incurred. He was not sufficiently acquainted with law to say whether in such a case witnesses could be compelled to appear and testify. He had no objection to the appointment of a committee to investigate the case upon any testimony which might be brought before them, but he did. object to sending commissioners abroad to procure testimony at the expense of the territory.

Mr. WHITON thought the gentleman from Fond du Lac (Mr. CHASE) misapprehended the effect of the resolution. It did not con-. template sending commissioners from Madison to take this testimony, but to appoint some suitable persons in the counties where the testimony was to be taken and could not involve any great expense. Some such course seemed to be necessary, as the claimant could not compel the witnesses to appear before a justice of the peace and give testimony in such a case. The allegations set forth by the claimant were of such a nature as to entitle his petition to consideration, and he hoped the convention would treat the question fairly.

Mr. CHASE said the remarks of the gentleman from Rock had not removed his objections. The appointment of commissioners to take the testimony would be attended with a very considerable expense which ought not to be borne by the territory. Had the resolution provided that the expense should be paid by the claimant, he should not have objected to it.

Mr. WHITON would ask the gentleman from Fond du Lac if he would be obliged to vote for an appropriation to pay the expenses which might be incurred.

Mr. CHASE replied that if the convention appointed commissioners, they would become the agents of the convention, employed to perform certain duties, and the convention, he thought, would be in honor bound to pay them.

The amendment was disagreed to.

And a division having been called for,

There were 21 in the affirmative, and 28 in the negative.
The question then recurred on the original resolutions,

And a division of the question having been called for,

Mr. KILBOURN moved to amend the first resolution by adding the following proviso: "Provided further, That the expense of said commission and proceedings be paid by the parties interested."

Mr. JUDD moved to amend the amendment by striking out of the original resolution all after the word "offered;"

Mr. JUDD did not feel prepared to vote for the amendment at that time. He was in some doubt as to what was the duty of the convention in such a case. He thought the convention should hear the petition and refer it to a committee for the hearing of such testimony as might be presented by the claimant. The committee could then judge what further steps might be necessary, and report to the convention, and if necessary ask for further authority. The committee might find the testimony already on the ground sufficient to entitle the contestant to his seat; or that such testimony did prob

ably exist, and might be obtained by sending abroad; or they might become satisfied that there was so little foundation to the claim that it should not be further prosecuted but at the expense of the contestant. He did not, therefore, at the present stage of the case, feel prepared to say whether the expenses should be paid by the petition

er or not.

The amendment to the amendment was disagreed to.
And a division having been called for,

There were 26 in the affirmative, and 28 in the negative.

The question then recurred on the amendment of Mr. KILBOURN. Mr. WHITON said he was no better prepared to vote for the amendment than the gentleman from Dodge, (Mr. JUDD.) They could not tell without some investigation whether justice would require that the expenses should be paid by the territory or by the claimant. While up, he would say that the gentleman from Dodge had, in one respect, mistaken the object of the resolution. It did not require them to send abroad for testimony unless upon investigation, they should consider it necessary.

After a few remarks by Mr. KILBOURN in support of his amendment, the question was put and decided in the negative.

And a division having been called for,

There were 23 in the affirmative, and 31 in the negative.

The question was then put on the adoption of the original resolu tion,

And was decided in the affirmative,

And the ayes and noes having been called for, and ordered,
Those who voted in the affirmative, were

Messrs. Biggs, Carter, Case, Castleman, A. G. Cole, O. Cole, Colley, Cotton, Crandall, Davenport, Dunn, Featherstonhaugh. Folts, Foote, Gale, Hollenbeck, Judd, Kilbourn, King, Kinne, Lakin, Larkin, Larrabee, Lewis, Lovell, Lyman. McClellan, McDowell, Pentony, Prentiss, Ramsey, Richardson, Root, Rountree, Sanders, Stedman Turner, Vanderpool, Ward, and Whiton,-40.

Those who voted in the negative were,

Messrs. Beall, Bishop, Chase, Estabrook, Fagan, Fenton, Fitzgerald, Fowler, Fox, Gifford, Harrington, Jackson, Jones, Latham, Mulford, Nichols, Reymert, Scagel, Schaeffler, Secor, Wheeler, Warden, and Martin, (President,)-23.

The second resolution was then adopted.

The president announced the appointment of the following committee under said resolutions, to wit:

Messrs. Whiton, Fenton, Rountree, Lo ell, and Kilbourn.

Mr. Fenton introduced the following resolution, to wit:

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Resolved, That the treasurer of the territory be, and he is hereby instructed to pay the postage bills of members of this convention." And the rule having been first suspended for that purpose, the said resolution was adopted.

Mr. CASE introduced the following resolution, to wit:

"Resolved, That the secretary be directed to procure a printed list of the members of this convention, together with the name of the county they represent, their post office, place of nativity, age, boarding place, and profession, or occupation."

And the rule having been first suspended for that porpose, the said resolution was adopted.

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