1816 Convention Journal - June 15 - June 22, 1816
SATURDAY MORNING Nine o'clock, June 15, 1816.
Convention met pursuant to adjournment.
On motion of Mr. Noble,
The article relative to the distribution of the powers of government was read a second time.
And on motion of Mr. Parke,
The same was ordered to lie on the table.
Mr. Graham, of Clark, from the committee relative to the executive department, reported an article on that subject, as follows, to wit:
1st. The supreme executive power of this state shall be vested in a governor, who shall be styled the governor of the state of Indiana.
2d. The governor shall be chosen on the _______________________ at the places where they shall respectively vote for representatives. The returns of every election for governor shall be sealed up and transmitted to the seat of government, direct to the speaker of the senate, who shall open and publish them in the presence of both houses of the legislature. The person having the highest number of votes shall be governor: But if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of the members of both houses. Contested elections shall be determined by a committee to be selected from both houses of the legislature, and formed and regulated in such manner as shall be directed by law.
3d. The governor shall hold his office during three years from the _______________________ next ensuing his election, and shall not be capable of holding it longer than six years in any term of nine years.
4th. He shall be at least thirty years of age, and have been a citizen of the United States ten years, and have resided in this state five years next preceding his election, unless he shall have been absent on the business of this state, or of the United States: Provided, That this shall not disqualify any person from the office of governor who shall have resided in this state two years preceding the adoption of the constitution.
5th. No member of congress, or person holding any office under the United States, _______________________________ shall be eligible to the office of governor.
6th. The governor shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the term for which he shall have been elected.
7th. He shall be commander in chief of the army and navy of this state, and of the militia thereof, except when they shall be called into the service of the United States; but he shall not command personally in the field unless he shall be advised so to do by a resolution of the general assembly.
8th. He shall nominate, and by and with the advice and consent of the senate, appoint all officers whose offices are established by this constitution, or shall be established by law, and whose appointments are not herein, or shall by law be otherwise provided for: Provided, That no person shall be appointed to any office, within any county, who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected, but if it shall not have been so long erected, then within the limits of the county or counties from which it shall have been taken.
9th. The governor shall have power to fill all vacancies that may happen during the recess of the legislature, by granting commissions, which shall expire at the end of the next session.
10th. He shall have power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeachments.
11th. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices.
12th. He shall from time to time give to the general assembly, information of the affairs of the state, and recommend to their consideration such measures as he shall deem expedient.
13th. He may on extraordinary occasions convene the general assembly at the seat of government, or at a different place, if that should have become, since their last adjournment, dangerous from an enemy, or from contagious disorders; and in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such times as he shall think proper--not beyond the time of their next annual session.
14th. He shall take care that the laws be faithfully executed.
15th. A lieutenant-governor shall be chosen at every election for a governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant-governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant governor.
16th. He shall, by virtue of his office, be speaker of the senate, have a right, when in committee of the whole, to debate and vote on all subjects, and when the senate are equally divided, to give the casting vote.
17th. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the lieutenant-governor shall exercise all the power and authority appertaining to the office of governor, until another be duly qualified, or the governor absent or impeached, shall return or be acquitted.
18th. Whenever the government shall be administered by the lieutenant-governor, or he shall be unable to attend as speaker of the senate, the senate shall elect one of their own members as speaker for that occasion; and if during the vacancy of the office of governor, the lieutenant-governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the state, the speaker of the senate shall, in like manner, administer the government.
19th. The lieutenant-governor, while he acts as speaker to the senate, shall receive for his services the same compensation which shall for the same period be allowed to the speaker of the house of representatives, and no more; and during the time he administers the government as governor, shall receive the same compensation which the governor would have received, and been entitled to, had he been employed in the duties of his office.
20th. The speaker pro-tempore of the senate, during the time he administers the government, shall receive, in like manner, the same compensation which the governor would have received, had he been employed in the duties of his office.
21st. If the lieutenant-governor shall be called upon to administer the government, and shall, while in such administration, resign, die, or be absent from the state, during the recess of the general assembly, it shall be the duty of the secretary, for the time being to convene the senate for the purpose of choosing a speaker.
22d. A secretary shall be chosen by joint ballot of both houses of the legislature, and commissioned by the governor for four years, or until a new secretary be chosen and qualified, if he shall so long behave himself well. He shall keep a fair register, and attest all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before either house of the legislature, and shall perform such other duties as may be enjoined him by law.
23d. Every bill which shall have passed both houses of the general assembly, shall be presented to the governor; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections at large upon their journal, and proceed to reconsider it. If after such reconsideration, a majority of all the members elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by a majority of all the members elected to that house, it shall be a law: But in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law, in like manner, as if he had signed unless the general adjournment prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting.
24th. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor, and before it shall take effect, be approved by him; or being disapproved, shall be repassed by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill.
And on motion,
The same was referred to a committee of the whole convention, and made the order of the day for Tuesday next.
On motion of Mr. Milroy,
The convention came to the following resolution, to wit:
Resolved, That in order to expedite the business of this convention, three additional assistant secretaries by appointed, and that this convention do now proceed to the election of said secretaries; and that the said three additional secretaries be required to give their attendance, until, in the opinion of this convention, their services be no longer necessary.
And--Thereupon,
Messrs. Graham, (of Clark,) Floyd, and Smith, having been appointed tellers, the convention proceeded, by ballot, to the election of said three additional secretaries--Where, upon examination, it appeared, that John F. Ross, George Spencer, and Richard M. Heth, were elected, who appeared, and were sworn into office.
On motion of Mr. Pennington,
Ordered, That Henry Bougher be appointed assistant door-keeper, and that he may be notified to give his attendance accordingly.
On motion,
Ordered,That the convention adjourn till nine o'clock, on Monday morning next.
MONDAY MORNING, Nine o'clock, June 17, 1816.
Convention met pursuant to adjournment.
Mr. Scott, from the committee relative to the article on the subject of the judiciary, reported as follows, to wit:
Sec. 1st. The judiciary power of this state, both as to matters of law and equity, shall be vested in one supreme court, in circuit courts, and in such other inferior courts as the legislature may from time to time direct.
Sec. 2d. The supreme court shall consist of three judges, and shall have appellate jurisdiction only; which shall be co-extensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law.
Sec. 3d. The circuit courts shall each consist of a president and associate judges. The state shall be divided, by law, into three circuits, for each of which a president shall be appointed, who, during his continuance in office, shall reside therein. The president and associate judges, in their respective counties, any two of whom shall form a quorum, shall constitute the circuit court; and shall have a common law and chancery jurisdiction, and also complete criminal jursdiction, in all such cases, and in such manner as shall be directed by law: Provided, That nothing herein contained shall prevent the legislature from increasing the number of circuits and presidents, as the exigencies of the state may require.
Sec. 4th. The judges of the supreme, the circuit, and other inferior courts, shall hold their offices during good behaviour, and shall at all times receive for their services a compensation which shall not be diminished during their continuance in office.
Sec. 5th. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the state; as also the presidents of the circuit courts, in their respective circuits, and the associate judges, in their respective counties.
Sec. 6th. The supreme court shall hold it sessions at the seat of government, at such times as shall be prescribed by law.
Sec. 7th. The judges of the supreme court, and the presidents of the several circuit courts, shall be appointed by the governor, by and with the advice and consent of the senate; and the associate judges, by the qualified electors in the respective counties.
Sec. 8th. The supreme court shall appoint its own clerk; and the clerks of the circuit courts, in the several counties, shall be elected by the qualified electors in each county respectively. But no person shall be eligible to the office of clerk of the circuit court, in any county, unless he shall first have obtained from one or more of the judges of the supreme court, or from one or more of the presidents of the circuit courts, a certificate that he is well qualified to execute the duties of the office of clerk of the the circuit court: Provided, That nothing herein contained shall prevent the circuit court, in any county, from appointing a clerk pro tem. until a qualified clerk may be duly elected. All clerks shall be removable by their respective courts for breach of good behavior, or for incapacity to discharge the duties of the office, subject to an appeal from the circuit to the supreme court, as in other cases; and in all cases of complaint for the purpose of removing a clerk, the court shall judge of the facts as well as the law
Sec. 9th. The style of all process shall be, "The state of Indiana." All prosecutions shall be carried on in the name and by the authority of the state of Indiana; and all indictments shall conclude "against the peace and dignity of the same."
And the same was referred to a committee of the whole, for to-morrow.
On motion of Mr. Noble,
The convention resolved itself into a committee of the whole on the article relative to the legislative department of government. Mr. Parke in the chair; and after some time spent therein, Mr. President resumed the chair, and Mr. Parke reported--that the committee had, according to order, had the said article under consideration, had made some progress in the same, and instructed him to ask leave to sit again.
Leave granted, &c.
On motion,
The convention adjourned till two o'clock P. M.
Two o'clock P. M.
Convention met pursuant to adjournment.
On motion of Mr. Noble,
Convention, agreeably to leave given, resolved itself into a committee of the whole on the article relative to the legislative department of government, Mr. Parke in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Parke reported, that the committee had, according to order, had the said article under consideration, had made some progress therein, and had instructed him to ask leave to sit again. Leave granted.
It was then moved by Mr. Scott, that the nineteenth section of said article, together with the amendment proposed, be referred to a select committee.
On motion,
The convention then adjourned till to-morrow morning eight o'clock.
TUESDAY MORNING, June 18, 1816.
Convention met pursuant to adjournment.
The President laid before the convention, a memorial from sundry inhabitants of Louisville, purporting to be a address to the President and Directors of the Bank of the United States, relative to the location of a branch of the same in the state of Kentucky.
And on motion,
The same was referred to a select committee of three members, and Messrs. Ferris, Johnson, and Polke, (of Perry,) were appointed that committee.
Mr. Ferris, from the committee on the subject of printing, reported, that the committee had attended to the duties assigned them, and had received propositions from Mann Butler, Editor of the Louisville Correspondent, as follows, to wit:--
"The journals and rules of proceeding, shall be published at seventy-five cents a thousand m's and seventy-five cents a token, that is any quantity of printing distinct from setting the types, above five quires, and not exceeding ten, (the paper being a separate charge, at $6 a ream, what I have given for $250 worth.) The m is the regular measure of all book work, and the only guard against imposition of large margins and wide lines; but what amounts to the same, is $21 a sheet for every five hundred copies; the sheet to make 16 pages of good workmanlike octavo printing--the paper separate as before. These are the common fair terms of such work all over this state. I will stipulate for the delivery of 16 pages every two weeks, if furnished in time with copy; and could make them every week, but will not say positively in so short a time. I must expect, that the convention, should they sanction the contract, will recommend the fact to the early and effectual attention of the legislature, as the disbursements upon my part for the work and fitting up new type, will be of no little amount. Permit me to reciprocate the honorable expressions of the committee, and to request as early a reply as their convenience will admit.
"With sentiments of high respect,
"MANN BUTLER."
On motion,
The convention accepted the propositions aforesaid.
On motion,
The convention then resolved itself into a committee of the whole on the article relative to the legislative department, Mr. Parke in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Parke reported, that the committee had, according to order, had the said article under consideration, had gone through the same, and had made various amendments thereto, which he handed in at the secretary's table.
And thereupon,
On motion,
The said article, with the amendments aforesaid, was ordered to be engrossed.
On motion of Mr. De Pauw,
The convention resolved itself into a committee of the whole on the article relative to the militia, Mr. Floyd in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Floyd reported, that the committee had, according to order, had the said article under consideration, had made some progress therein, and instructed him to ask leave to sit again. Leave granted, &c.
On motion,
Convention adjourned till 3 o'clock P. M.
Convention met pursuant to adjournment.
On motion of Mr. De Pauw,
The convention resolved itself into a committee of the whole on the article relative to the militia, Mr. Floyd in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Floyd reported, that the committee had, according to order, had the said article under consideration, had made some amendments to the same, which he handed in at the secretary's table, where they were generally concurred in by the convention.
The amendments made to said article by the committee of the whole, are as follows, to wit:--the second line of the first section was amended by inserting after the word "citizens," the following words, "negroes, mulattos, and indians, excepted." In the sixth line of said section, by inserting after the word "states," these words, "and of the state." In the third line of the second section, by erasing after the word "persons," the word "will," and inserting in lieu thereof the word "shall." In the fifth line of said section, by inserting after the word "shall," these words, "be collected by a civil officer and." In the ninth line of said section, by erasing these words, "shall hereafter be fixed by law." In the fourth line of the fifth section, after the word "officers," these words, "within the bounds."--In the second line of the eighth section, by inserting after the word "all," the word "other," In the second line of the sixth section, after the word "artillery," the following words, "and riflemen," and in the fifth line of said section, these words, "or riflemen." In the fifth line of the tenth section, by erasing the word "adhering," and inserting in lieu thereof the word "conforming," and in the sixth line of said section, by inserting after the word "the," the following words "army of the."
On motion,
Ordered, That the said article, with the amendments, be engrossed for a second reading on Friday next.
On motion of Mr. De Pauw,
The convention resolved itself into a committee of the whole on the article relative to the mode of revising the constitution, Mr. Robb in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Robb reported, that the committee had, according to order, had the said article under consideration, had made some progress therein, and instructed him to ask leave to sit again. Leave granted.
On motion,
Convention adjourned till to-morrow morning eight o'clock.
WEDNESDAY MORNING, June 19, 1816
Convention met pursuant to adjournment.
On motion of Mr. Floyd,
Ordered, That Mr. Grass, the member from the county of Warrick, being indisposed, and unable to attend, have leave of absence during the remainder of the session.
On motion of Mr. Noble.
The convention came to the following resolutions, to wit:
Resolved, That a committee of five members be appointed to prepare and report an article relative to banks and banking companies.
Resolved, That a committee of five members be appointed to prepare and report an article relative to the appointment of sheriffs, coroners, and other county officers.
On motion of Mr. Johnson,
The convention came to the following resolution, to wit:
Resolved, That Jonathan Lindley, Benjamin Parke, and James Noble, be appointed to designate to the Register of the Land Office at Vincennes, or to the Register of the Land Office at Jeffersonville, a township the most proper to be reserved for the state, for the use of a seminary of learning, and such lands as may be necessary to be reserved for the use of salt springs; and that they request the Register of the Land Office, and receiver of public money, in the district in which such township or land shall respectively lay, to request the President to reserve the same for the purpose aforesaid.
Convention, then, agreeably to leave given on yesterday evening, again resolved itself into a committee of the whole on the article relative to the mode of revising the constitution, Mr. Robb in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Robb reported, that the committee had, according to order, had the said article under consideration, had made some amendments to the same, which he handed in at the secretary's table.
And on motion,
Ordered, That the said article, with the amendments aforesaid, be engrossed for the consideration of the convention on to-morrow.
On motion,
The convention resolved itself into a committee of the whole on the report of the committee appointed to prepare and report a bill of right and preamble to the constitution. Mr. Johnson in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Johnson reported, that the committee had, according to order, had the said report under consideration, had made various amendments to the same, which he handed in at the secretary's table, where they were concurred in by the convention.
And on motion,
The same was ordered to be engrossed for a second reading to-morrow.
On motion,
Convention adjourned till two o'clock P. M.
Two o'clock P. M.
Convention met pursuant to adjournment.
On motion,
The convention resolved itself into a committee of the whole, on the article relative to the executive department, Mr. Parke in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Parke reported, that the committee had, according to order, had the said article under consideration, had made various amendments to the same, which he handed in at the secretary's table, where they were concurred in by the convention.
On motion,
Ordered, That the said article be engrossed for a second reading on Saturday next.
On motion,
Convention adjourned till to-morrow morning eight o'clock.
THURSDAY MORNING, Eight o'clock, June 20, 1816.
Convention met pursuant to adjournment.
The President proceeded to the appointment of a committee on the subject of banks and banking companies, and Messrs. Nobel, Manwaring, Floyd, Johnson, and Smith, were appointed that committee.
On motion of Mr. Floyd,
The convention resolved itself into a committee of the whole on the article relative to the judiciary department, Mr. Noble in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Noble reported, that the committee had, according to order, had the said article under consideration, had made some progress therein, and instructed him to ask leave to sit again. Leave given.
On motion,
Ordered, That the convention do now adjourn till three o'clock this afternoon.
Three o'clock P. M.
Convention met pursuant to adjournment.
On motion of Mr. Johnson,
Ordered, That the engrossed article relative to the mode of revising the constitution, be taken up and read the second time.
Mr. Johnson then moved to amend the said article, by striking out of the same, from the word "legislature," to the end thereof, and inserting in lieu thereof the following words, to wit: "But as the holding any part of the human family in slavery or involuntary servitude, can only originate in usurpation and tyranny, it is the opinion of this convention, that no alteration of this constitution ought ever to take place, so as to introduce slavery or involuntary servitude in this state, otherwise than for the punishment of crimes, whereof the party has been duly convicted."
And on this proposed amendment, the yeas and nays being demanded by Mr. Dill, those who voted in the affirmative, are
Messrs. Badollet, Dill, Devin, Johnson, Lane, Lemon, Lynn, Polke, (of Knox,) Parke, Rapp, Robb, Smith, Scott--13.
Those who voted in the negative, are
Messrs. Boone, Beard, Benefield, Brownlee, Cox, Cull, Cotton, Carr, Eads, De Pauw, Ferris, Floyd, Graham, (of Washington,) Graham, (of Clark,) Holman, Nathaniel Hunt, Hanna, Lowe, McCarty, Manwaring, Milroy, McIntire, Maxwell, Noble, Polke, (of Perry,) Pennington, Smock, Shields, Jennings, president--29.
And so it was determined in the negative.
Mr. Johnson then moved to amend the said article, by striking out of the same the following words, "and which convention, when met, shall have it in their power to revise, amend, or change, the constitution."
The yeas and nays being demanded by Mr. Johnson, those who voted in the affirmative, are
Messrs. Badollet, Dill, Devin, Floyd, Graham, (of Clark,) Johnson, Lane, Lemon, Lynn, Polke, (of Knox,) Parke, Rapp, Robb, Scott, Smith, Jennings, president--16.
Those who voted in the negative, are
Messrs. Boone, Beard, Benefield, Brownlee, Cox, Cull, Cotton, Carr, De Pauw, Eads, Ferris, Graham, (of Washington,) Holman, Nathaniel Hunt, Hanna, Lowe, McCarty, Manwaring, Milroy, McIntire, Maxwell, Noble, Polke, (of Perry,) Pennington, Smock, Shields--26.
And so it was determined in the negative.
Mr. Johnson further moved to strike out of said article the following words, "or involuntary servitude"--and on the question, shall said words be stricken out, it was determined in the negative.
On motion of Mr. Polke, (of Knox,)
Ordered, That a committee of revision be appointed, to consist of five members, and that the several articles, after their second reading, be referred to said committee for revision and amendment.
On motion of Mr. Johnson,
Ordered, That the article relative to the legislative department of government be taken up and read the second time.
On motion of Mr. Floyd,
The same was proposed to be amended by striking out at the close of the fourth section, these words, "and shall have paid a state or county tax."
The yeas and nays being demanded by Mr. Floyd, those who voted in the affirmative, are--
Messrs. Boone, Beard, Benefield, Brownlee, Badollet, Cox, Cull, Carr, De Pauw, Floyd, Graham, (of Washington,) Holman, Johnson, Lemon, Lowe, Parke, Pennington, Rapp, Jennings, president--19.
Those who voted in the negative, are--
Messrs. Cotton, Dill, Devin, Eads, Ferris, Graham, (of Clark,) Nathaniel Hunt, Hanna, Lane, Lynn, McCarty, Manwaring, Milroy, McIntire, Maxwell, Noble, Polke, (of Perry,) Polke, (of Knox,) Robb, Smock, Smith, Scott, Shields--23.
And so it was determined in the negative.
On motion of Mr. Noble,
Ordered, That the eighth section of the said article be amended by inserting after the word "president," the following words, "unless in cases otherwise directed by this constitution, when it becomes necessary."
On motion of Mr. Scott,
Ordered, That the said article be amended, by inserting after the word "election," in the fourth section, these words, "if the county shall have been so long erected; but if not, within the limits of the county or counties out of which it shall have been taken."
On motion of Mr. Graham, (of Clark,)
Ordered, That the said article be further amended, by striking out of the first line, in the fifth section, the word "triennially," and inserting in lieu thereof, these words, "for three years."
Mr. Milroy moved further to amend the said article, by striking out of the said fifth section, and first line, the word "three," just now inserted, and inserting in lieu thereof, the word "two."
And on this question, the yeas and nays being demanded by Mr. De Pauw, those who voted in the affirmative, are--
Messrs. Beard, Benefield, Brownlee, Cox, Cull, Carr, De Pauw, Ferris, Holman, Hanna, Lowe, McCarty, Manwaring, Milroy, McIntire, Pennington, Smith--17.
Those who voted in the negative, are--
Messrs. Boone, Badollet, Cotton, Dill, Devin, Eads, Floyd, Graham, (of Washington,) Graham, (of Clark,) Nathaniel Hunt, Johnson, Lane, Lemon, Lynn, Maxwell, Noble, Polke, (of Perry,) Polke, (of Knox,) Parke, Rapp, Robb, Smock, Scott, Shield, Jennings, president--25.
And so it was determined in the negative.
On motion of Mr. Robb,
The said article was further amended, by inserting in the sixth line of the seventh section, after the word "elected," the following words, "if the county or district shall have been so long erected; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been so taken."
On motion,
Ordered, That the said article be referred to the committee of revisions.
On motion,
Ordered, That the convention be adjourned till to-morrow morning eight o'clock.
FRIDAY MORNING, June 21, 1816.
Convention met pursuant to adjournment.
The president proceeded to the appointment of the following committee, to wit:
Committee of General Revisions--Messrs. Parke, Badollet, Scott, Johnson, and Ferris.
On motion of Mr. Parke,
Ordered, That the committee of the whole be discharged from the further consideration of the article relative to the judiciary department, and that the same be referred to a select committee of six members--and Messrs. Parke, Holman, Cotton, Benefield, Dill, and Lowe, were appointed that committee.
Mr. Maxwell, from the committee on the subject of general provisions, made the following report, to wit:
Sec. 1. Every person who shall be chosen or appointed to any office of trust or profit, under the authority of this state, shall, before entering on the duties of said office, take an oath or affirmation to support the constitution of the United States, and the constitution of this state, and also an oath of office.
Sec. 2. Treason against this state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort.
Sec. 3. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court.
Sec. 4. The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed by the general assembly the most solemn appeal to God.
Sec. 5. Every person shall be disqualified from serving as governor or lieutenant-governor, senator or representative, for the term for which he shall have been elected, who shall have been convicted of having given or offered any bribe, treat or reward, to procure his election.
Sec. 6. All officers shall reside within the state; and all district, county, or town officers, within their respective districts, counties or town, (trustees of towns excepted,) and shall keep their respective offices at such places therein as may be directed by law; and all militia officers shall reside within the bounds of the division, brigade, regiment, battalion, or company, to which they may severally belong.
Sec. 7. There shall be neither slavery, nor involuntary servitude, in this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person, arrived at the age of twenty-one years, nor female person, arrived at the age of eighteen years, he held to serve any person as a servant under pretence of indenture or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration received, or to be received for his or her service, except as before excepted: Nor shall any indenture of any negro, or mulatto, hereafter made and executed out of the bounds of this state, be of any validity within the state; neither shall any indenture of any negro or mulatto, hereafter made within the state, be of the least validity except in the case of apprenticeships.
Sec. 8. No act of the legislature shall be in force until it shall have been published in print unless in cases of emergency.
On motion,
Ordered, That the engrossed article relative to the executive department be taken up and read the second time.
On Motion,
Ordered, That the said article be amended by erasing from the first line the words "order or vote," and further, by erasing from the third line of said section, these words, "except on a question of adjournment."
On motion of Mr. Ferris,
The said article was further amended, by adding to the first line of the twenty-first section, after the word secretary, the words, "of state"--also, by striking out of said line, and the following, these words, "appointed by the governor, by and with the advice and consent of the senate," and inserting in lieu thereof, these words, "chosen by the joint ballot of both houses of legislature."
On this amendment, the yeas and nays being demanded by Mr. Eads, those who voted in the affirmative, are--
Messrs. Beard, Benefield, Brownlee, Cox, Cull, Carr, De Pauw, Eads, Floyd, Ferris, Holman, Nathaniel Hunt, Hanna, Lowe, McCarty, Manwaring, Milroy, McIntire, Noble, Pennington, Robb, Smock, Smith, Shields--24.
Those who voted in the negative, are--
Messrs. Boone, Badollet, Cotton, Dill, Graham, (of Clark,) Johnson, Lemon, Lynn, Lane, Maxwell, Parke, Polke, (of Perry,) Polke, (of Knox,) Rapp, Scott, Jennings, president--16.
On motion,
Ordered, That the said article be referred to the committee of revisions, &c.
On motion of Mr. Ferris,
Ordered, That the engrossed article relative to the militia be taken up and read the second time.
Mr. Hanna then moved to amend the said article by striking out of the tenth section, from the words "staff officers," to the end thereof.
On this question, the yeas and nays being demanded by Mr. De Pauw, those who voted in the affirmative, are--
Messrs. Beard, Benefield, Brownlee, Cox, Cull, Cotton, Carr, De Pauw, Dill, Devin, Eads, Ferris, Floyd, Graham, (of Washington,) Graham, (of Clark,) Holman, Hanna, Smock, Shields, Smith, Jennings, president, Lane, Lowe, McCarty, Manwaring, Milroy, McIntire, Maxwell, Noble, Pennington--30.
Those who voted in the negative, are--
Messrs. Boone, Badollet, Johnson, Lynn, Polke, (of Perry,) Polke, (of Knox,) Parke, Rapp, Robb, Scott--10.
So it was determined in the affirmative.
Mr. Holman then moved to amend said article by striking out of the same the second section thereof.
And thereupon, the yeas and nays being demanded by Mr. Holman, those who voted in the affirmative, are--
Messrs. Beard, Benefield, Badollet, Cox, Cull, Eads, Graham, (of Washington,) Holman, Nathaniel Hunt, Hanna, Lowe, McCarty, Manwaring, McIntire, Noble, Jennings, president--16.
Those who voted in the negative, are
Messrs. Boone, Cotton, Carr, De Pauw, Dill, Devin, Floyd, Ferris, Graham, (of Clark,) Johnson, Lane, Lemon, Lynn, Milroy, Maxwell, Parke, Polke, (of Perry,) Polke, (of Knox,) Pennington, Rapp, Robb, Smock, Smith, Scott, Shields--25.
So it was determined in the negative.
On motion of Mr. Robb,
Ordered, That the word "citizens," throughout the article be stricken out, and the word "persons," inserted in lieu thereof.
Mr. Polke, (of Knox,) moved to strike out of said article the fifth section, and insert in lieu thereof, these words, "major-generals and brigadier-generals shall be appointed by the governor, by and with the advice and consent of the senate."
On this proposed amendment, the yeas and nays being demanded by Mr. Polke, (of Knox,) those who voted in the affirmative, are--
Messrs. Badollet, Floyd, Graham, (of Clark,) Johnson, Lane, Polke, (of Perry,) Polke, (of Knox,) Parke, Rapp--9.
Those who voted in the negative, are--
Messrs. Boone, Benefield, Brownlee, Beard, Cox, Cull, Cotton, Carr, De Pauw, Dill, Devin, Eads, Ferris, Graham, (of Washington,) Holman, Nathaniel Hunt, Hanna, Lemon, Lowe, Lynn, McCarty, Manwaring, Milroy, McIntire, Maxwell, Noble, Pennington, Robb, Smock, Smith, Shields, Scott, Jennings, president--33.
So it was determined in the negative.
On motion of Mr. Noble,
The second section of said article was again amended, by inserting after the word "collected," the word "annually."
On motion of Mr. Parke,
The said sixth section of said article was amended, by striking out of the first line of said section, the word "and," and inserting in the second line, after the word "riflemen," the words, "grenadiers or light infantry"--also, in the sixth line of said section, the said last mentioned words.
On motion,
Ordered, That the said article be referred to the committee of general revisions.
On motion,
Ordered, That the article on the subject of a bill of rights and preamble to the constitution, be read the second time.
Mr. Johnson then moved to amend the said article, by inserting in the fifth section of said bill, and second line, after the word "dollars," the following words, to wit: "except in petty misdemeanors, which shall be punished by fine only, not exceeding five dollars, in such manner as the legislature may prescribe by law, reserving to the party charged, the right of appeal to the circuit court."
On this subject, the yeas and nays being demanded by Mr. Pennington, those who voted in the affirmative, are--
Messrs. Boone, Beard, Badollet, Cotton, Carr, De Pauw, Dill, Floyd, Graham, (of Washington,) Nathaniel Hunt, Hanna, Johnson, Lane, Lemon, Lowe, Lynn, McCarty, Maxwell, Noble, Polke, (of Perry,) Parke, Pennington, Rapp, Robb, Smock, Shields, Jennings, president--27.
Those who voted in the negative, are--
Messrs. Benefield, Brownlee, Cull, Devin, Eads, Ferris, Graham, (of Clark,) Holman, Manwaring, Milroy, Polke, (of Knox,) Smith, Scott--13.
On motion of Mr. Scott,
The said article was further amended, by erasing after the word "the," the word "sum," and inserting in lieu thereof, the word "value."
On motion,
The convention adjourned till four o'clock this afternoon.
Four O'clock P. M.
Convention met pursuant to adjournment.
Mr. Dill submitted for the consideration of the convention the following resolution, to wit:
Resolved, That a committee be appointed to prepare and report a resolution, accepting the propositions of Congress, as expressed in their act of the 19th April, 1816, both as regards the boundaries of the state and the donations.
And on motion,
The convention resolved itself into a committee of the whole on the said resolution, Mr. Johnson in the chair--and after some time spent therein, Mr. President resumed the chair, and Mr. Johnson reported, that the committee had, according to order, had the said resolution under consideration, had made no amendments to the same, which resolution he handed in at the secretary's table, and asked the adoption of the same by the convention.
And the same was adopted accordingly.
On this question, the yeas and nays being demanded by Mr. Pennington, those who voted in the affirmative, are--
Messrs. Boone, Beard, Benefield, Brownlee, Badollet, Cox, Cull, Cotton, Carr, De Pauw, Dill, Devin, Eads, Ferris, Floyd, Graham, (of Washington,) Graham, (of Clark,) Holman, Hanna, Johnson, Lemon, Lynn, McCarty, Manwaring, Milroy, McIntire, Noble, Polke, (of Perry,) Polke, (of Knox,) Parke, Rapp, Robb, Smock, Smith, Shields, Scott, Jennings, president--37.
Those who voted in the negative, are--
Messrs. Nathaniel Hunt, Lane, Maxwell, Pennington--4.
On motion,
Ordered, That the convention adjourn till to-morrow morning eight o'clock.
SATURDAY MORNING, June 22, 1816.
Convention met pursuant to adjournment.
The President, on the subject of Mr. Dill's resolution of yesterday, relative to the acceptance of the propositions of the general government, appointed the following committee to wit:-- Messrs. Dill, Eads, Manwaring, Lane, Smith.
Mr. Parke, from the select committee appointed on the article relative to the judiciary department of government, reported as follows, to wit:--
Sec. 1. The judiciary power of this state, both as to matters of law and equity, shall be vested in one supreme court, in circuit courts, and in such other inferior courts as the legislature may from time to time direct and establish.
Sec. 2. The supreme court shall consist of three judges, any two of whom shall form a quorum, and shall have appellate jurisdiction only, which shall be co-extensive with the limits of the state, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law.
Sec. 3. The circuit courts shall each consist of a president, and two associate judges. The state shall be divided by law into three circuits, for each of which a president shall be appointed, who, during his continuance in office, shall reside therein, the president and associate judges in their respective circuits, shall have common law and chancery jurisdiction, as also complete criminal jurisdiction, in all such cases, and in such manner, as may be prescribed by law. The president alone, in the absence of the associate judges, shall be competent to hold a court, as also the two associate judges, in the absence of the president, shall be competent to hold a court, except in capital cases, and cases in chancery: Provided, That nothing herein contained shall prevent the legislature from increasing the number of circuits and presidents, as the exigencies of the state may from time to time require.
Sec. 4. The judges of the supreme court, the circuit, and other inferior courts, shall hold their offices during the term of seven years, if they shall so long behave well, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Sec. 5. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the state; as also the presidents of the circuit courts, in their respective circuits, and the associate judges, in their respective counties.
Sec. 6. The supreme court shall hold its sessions at the seat of government, at such times as shall be prescribed by law; and the circuit courts shall be held in the respective counties, as may be directed by law.
Sec. 7. The judges of the supreme court shall be appointed by the governor, by and with the advice and consent of the senate. The presidents of the circuit courts shall be appointed by joint ballot of both branches of the legislature; and the associate judges of the circuit courts shall be elected by the qualified electors in their respective counties.
Sec. 8. The supreme court shall appoint its own clerk; and the clerks of the circuit courts, in the several counties, shall be elected by the qualified electors in the several counties; but no person shall be eligible to the office of clerk of the circuit court, in any county, unless he shall first have obtained from one or more of the judges of the supreme court, or from one or more of the presidents of the circuit courts, a certificate, that he is qualified to execute the duties of the office of clerk of the circuit court: Provided, That nothing herein contained shall prevent the circuit court, in each county, from appointing a clerk pro tem. until a qualified clerk may be duly elected: And provided also, That the said clerks respectively, when qualified and elected, shall hold their offices seven years, and no longer, unless re-appointed.
Sec. 9. All Clerks shall be removable by impeachment, as in other cases.
Sec. 10. When any vacancies happen in any of the courts, occasioned by the death, resignation, or removal from office, of any judge of the supreme or circuit courts, or any of the clerks of the said courts, a successor shall be appointed in the same manner as herein before prescribed, who shall hold his office for the period which his predecessor had to serve, and no longer, unless re-appointed.
Sec. 11. The style of all process shall be, "The state of Indiana." All prosecutions shall be carried on in the name and by the authority of the state of Indiana; and all indictments shall conclude, against the peace and dignity of the same.
Mr. Robb then moved to amend the said article, by inserting in the third section, and twelfth line of said section, after the word "judges," the following words, to wit: "or the president, and one of the associate judges, in the absence of the other"--which amendment was adopted by the convention.
On motion of Mr. Noble,
Ordered, That an additional section, numbered twelve, be added to said article, as follows, to wit:--
Sec. 12. A competent number of justices of the peace shall be elected by the qualified electors in each township, in the several counties, and shall continue in office five years, if they shall so long behave well--whose powers and duties shall from time to time be regulated and defined by law.
Mr. Noble then moved to reconsider the vote on the section just now added, for the purpose of striking out of said section the word "five," and inserting in lieu thereof, the word "three."
The yeas and nays being demanded by Mr. Noble, those who voted in the affirmative, are--
Messrs. Beard, Benefield, Brownlee, Cox, Cull, De Pauw, Eads, Graham, (of Washington,) Holman, Nathaniel Hunt, Hanna, Lowe, McCarty, McIntire, Noble, Parke, Robb, Smith--13.
Those who voted in the negative, are--
Messrs. Boone, Badollet, Cotton, Carr, Dill, Devin, Ferris, Floyd, Graham, (of Clark,) Johnson, Lane, Lemon, Lynn, Manwaring, Milroy, Maxwell, Polke, (of Perry,) Polke, (of Knox,) Pennington, Rapp, Smock, Scott, Shields, Jennings, president--24.
So it was determined in the negative.
Mr. Floyd then moved to amend the twelfth section, and third line of said article, by inserting the following words, "in each town corporate or county seat."
On this question, the yeas and nays being demanded by Mr. Floyd, those who voted in the affirmative, are--
Messrs. Boone, Badollet, Cotton, Carr, De Pauw, Dill, Ferris, Floyd, Lane, Lemon, Manwaring, Maxwell, Polke, (of Knox,) Pennington, Smock, Scott, Jennings, president--17.
Those who voted in the negative, are--
Messrs. Beard, Benefield, Brownlee, Cox, Cull, Devin, Eads, Graham, (of Washington,) Graham, (of Clark,) Holman, Hanna, Lynn, Lowe, McCarty, Milroy, McIntire, Noble, Polke, (of Perry,) Parke, Rapp, Robb, Smith--22.
So it was determined in the negative.
On motion of Mr. Dill,
Ordered, That the said article be engrossed for a second reading on Monday next.
On motion of Mr. De Pauw,
The convention then resumed the second reading of the article relative to the bill of rights and preamble to the constitution.
Mr. Ferris then moved to re-consider the vote taken on Mr. Johnson's amendment of yesterday to the fifth section of said article, which was carried in the affirmative.
On motion of Mr. Devin,
Ordered, That the said section be amended, by striking out of the same the following words, "reserving to the party charged the right of appeal to the circuit court."
On this motion, the yeas and nays being demanded by Mr. Johnson, those who voted in the affirmative are,
Messrs. Boone, Benefield, Brownlee, Badollet, Cox, Cull, De Pauw, Dill, Devin, Eads, Ferris, Floyd, Graham, (of Clark,) Hanna, Lane, Lynn, McCarty, Manwaring, Milroy, McIntire, Polke, (of Perry,) Polke, (of Knox,) Smith, Shields, Jennings, president--25.
Those who voted in the negative, are--
Messrs. Beard, Cotton, Graham, (of Washington,) Holman, Nathaniel Hunt, Johnson, Lowe, Noble, Parke, Pennington, Rapp, Rob, Smock, Scott--14.
On motion,
Ordered, That the original amendment of Mr. Johnson, as just now amended, be adopted by this convention.
On this question, the yeas and nays being demanded by Mr. Johnson, those who voted in the affirmative are,
Messrs. Boone, Benefield, Cull, De Pauw, Dill, Devin, Floyd, Graham, (of Washington,) Lane, McIntire, Polke, (of Perry,) Polke, (of Knox,) Parke, Robb, Jennings, president--15.
Those who voted in the negative, are--
Messrs. Beard, Eads, Ferris, Holman, Hanna, Johnson, Lemon, McCarty, Manwaring, Noble, Pennington, Scott, Smith, Shields--14.
Mr. Scott then moved to strike out the fifth section of said article, and insert in lieu thereof these words: "The right of trial by jury shall remain inviolate."
On this question, the yeas and nays being demanded by Mr. Floyd, those who voted in the affirmative, are--
Messrs. Beard, Brownlee, Carr, Eads, Ferris, Graham, (of Clark,) Lemon, Manwaring, Noble, Pennington, Scott, Smith--12.
Those who voted in the negative, are--
Messrs. Boone, Benefield, Badollet, Cox, Cull, Cotton, De Pauw, Dill, Devin, Floyd, Graham, (of Washington,) Nathaniel Hunt, Hanna, Johnson, Lane, Lowe, Lynn, McCarty, Milroy, McIntire, Maxwell, Polke, (of Perry,) Polke, (of Knox,) Parke, Rapp, Robb, Smock, Shields, Jennings, president--29.
And so it was determined in the negative.
On motion,
Ordered, That the convention do now adjourn till two o'clock P. M.
Two o'clock P. M.
Convention met pursuant to adjournment.
Mr. Floyd having asked leave for that purpose, obtained leave of absence during the remainder of this day.
Mr. Johnson moved further to amend the said fifth section of said article, by striking out of the same, after the word "exceeding," the word "five," and inserting in lieu thereof the word "three"--which amendment was adopted by the convention.
The yeas and nays being demanded by Mr. Ferris, those who voted in the affirmative, are--
Messrs. Beard, Boone, Badollet, Cox, Cull, Cotton, Carr, Dill, Devin, Eads, Graham, (of Washington,) Nathaniel Hunt, Johnson, Lowe, Lynn, McIntire, Maxwell, Noble, Polke, (of Knox,) Parke, Pennington, Rapp, Robb, Smock, Smith, Scott, Shields, Jennings, president--28.
Those who voted in the negative, are--
Messrs. Benefield, Brownlee, De Pauw, Ferris, Graham, (of Clark,) Holman, Hanna, Lane, Lemon, McCarty, Manwaring, Milroy, Polke, (of Perry,)--13.
Mr. Dill, from the committee relative to the propositions of Congress, and the boundaries of the state, made the following report, to wit:--
"Resolved, by the people of the state of Indiana," by their representatives in convention met at Corydon, on Monday the tenth day of June, in the year of our Lord eighteen hundred and sixteen, that we do, for ourselves and our posterity, agree, determine, declare, and ordain, that we will, and do hereby, accept the propositions of the Congress of the United States, as made and contained in their act of the nineteenth day of April, eighteen hundred and sixteen, entitled, "an act to enable the people of Indiana territory to form a state government and constitution, and for the admission of such state into the Union on an equal footing with the original states:" And we do further, for ourselves and our posterity, hereby ratify, confirm and establish, the boundaries of the said state of Indiana, as fixed, prescribed, laid down, and established, in the act of Congress aforesaid: And we do also, further for ourselves and our posterity, hereby agree, determine, declare, and ordain, that each and every tract of land, sold by the United states, within the boundaries of the said state, as aforesaid established, from and after the first day of December next, shall be and remain exempt from any tax laid by order or under any authority of the said state of Indiana, or by or under the authority of the legislature thereof, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale of any such tract of land: And we do moreover, for ourselves and our posterity, hereby declare, and ordain, that the foregoing resolution, and every part thereof, shall forever be and remain irrevocable and inviolate, without the consent of the United States, in Congress assembled, first had and obtained for the alteration thereof, or any part thereof.
And on motion of Mr. Ferris,
Ordered, That the convention concur in said report.
The yeas and nays being demanded by Mr. Pennington, those who voted in the affirmative, are--
Messrs. Boone, Beard, Benefield, Brownlee, Badollet, Cox, Cull, Cotton, Carr, De Pauw, Dill, Devin, Eads, Ferris, Graham, (of Washington,) Graham, (of Clark,) Holman, Hanna, Johnson, Lowe, Lynn, McCarty, Manwaring, Milroy, McIntire, Noble, Polke, (of Perry,) Polke, (of Knox,) Parke, Rapp, Robb, Smock, Smith, Shields, Scott, Jennings, president--36.
Those who voted in the negative, are--
Messrs. Nathaniel Hunt, Lane, Lemon, Maxwell, Pennington--5.
On motion,
Convention adjourned till Monday morning, 9 o'clock.