Indiana State Sentinel, Volume 10, Number 32, Indianapolis, Marion County, 9 January 1851 — Page 1

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THE INDIANA STATE SENTINEL. WILLIAM J. BROWN, Editor. AUSTIN II. BROWN, Publisher. WEEKLY. SEMI-WEEKLY, $4 OO ( W EEKLY, 2 00 VOL. X. INDIANAPOLIS, THURSDAY, JANUARY 5, 1851.

INDIANA STATE SENTINEL: A GAZETTE OF THE PEOPLE, D-Office in TI1E SENTINEL BUILDINGS North Side Washington, near Meridian St., OPPOSITE ODD FELLOW'S HALL, AUSTIN H. BROWN, Publisher. THE SEMI-WEEKLY EDITION Is published every Wednesday and Saturday ami Tri-Weekly during the fsessioii 01' the Legislature, at FOTJB DOLLARS A YEAE, Invariably in Advance. THE WEEKLY EDITION Is published every Thursday, and is luruihe.l tu subscribers at the following very low rales:

One Copy, one year, t'2 00 Three Copies. ,H year, r'ive Copies, one year, Ten Coe!, (in Clubs) oue year, , Oue Copy, six months. 5 10 110 1 1 no 50 j lie Copy, three montlw The Money, in all ca?es, to accompany subscriptions Any person sendiu us a Club of T'H, with cash. 1 of SI .00 each, shall have a copy gratis for one year. For a greater nwniSer than ten. the ratuiiy will I increased 111 proportion. 1 KyAll Iot Masters are renn. 10 an a Airuni. and. as u.-lt. by a recent decision H Hie lA-jaruuciit, Uiey are auüiorizcü o frank I. I at 'the einl of the term paul fir, ud- f xl, exert to thoec with whom we t. less the su have unset Letters, atloresstd to this office, triU not be taken out unless the postaire is paid. 'Cy Transient Advertisements, roast be paid for when presented. or f'hey will not appear. CySo Anonymous Communication will receive a'.eiition at this ZAtlrertitemen's mn't lx hamletl in by 10 o'clock, A. M . on r, Wednesday, and Friday. 10 insure insertion in Hie Trimenu to Advertisers ei;u 1! to any it'.::-:'. iMisuiueut in the RATES OF ADVEKTISING. We will adveriise at the tullowiiij rate tu our respective Weeklies: Palem Medicine, at SI50 00 per column. Business .dvcrtieniriil ü 00 per qr. ol. Irftsal and other BAtWttHiig at M cents per square of iJO ems. for first iu.4crt.oii, aad i3 cents lor eac!i ubejUL'iil niseiliou. AI STIN IL ItROWN, JOHN 1) llKt'ItKKS ConNtitutiunal C'ouvetition. M inpat. Dccemlior 30, 150. The Convention wa opened by praver by the Rev. Mr. Fletcher. The orders of the day were taken up. The pending instructions wero not adopted. Several sections, heretofore ordered to be engrossed, were read a third time and parsed. The section fixing the day for the general elections on the second Tuesday in October, was read a third time ; when Mr. Pepper of Ohio moved to re-commit, with instructions to strike oat "October" and insert "August." Mr. Mather moved to amend the amendment by striking out August" and inserting November." A discussion here sprung up in relation to the proper time for the election. It was contended by some, that, in the river counties, many of the voters are down the river in October that tho second Mondav in August was a leisure time with the farmers, and that previous to that period it would be very convenient for candidates to meet the voters in the harvest field. Oa tho other hand it wascontemlcd, that a change to October had been gen. rally agreed upon by the people. That it was a period of more general health ; and if that were an oljject, larger crowds could be got out to hear candidates. Mr. Mather's amendment was not adopted. I he vote was taken on Mr. Pepper s motion to 1 e commit with instructions, and decided in thc negative, ayes 10, noes 99. The section then passed. Thc Convention took up thc article on the subject i ! the militia. With a view of having an opportunity to discuss the question. Mr. Nave moved that the article be laid upon thc table; which did not prevail. The pending question being on striking out the article, except a provision giving the Legislature the power to organize the militia without going into detail. Mr. Pepper of Ohio addressed the Convention, in re lation to the system proposed. He hoped never again

to see wnai is called Hie cornstais militia organized ; nesM.s 0 onc oasion be knew that more than three bnt that ie contemplated system of volunteer corps . lunjrCli pc!Sons were in attendance, at grsat privato should be adopted. The committee who reported this ; unJ Wic ,oss anJ wit(loU, nQblie benclil many indictarticlc was composed, mpart, of several otiiccrs in the ; ,ncl)ts were folJ(Mj vvith ivW cnviLlions. It had been Mexican war. This system does not compel any one . CO!lten(jc, tjlilt thee might be moililieations to prevent to perlorm military duty who docs not enter heartily in- thcs0 cvj, blU hv no reineJy Uu m a raalcal reto the spirit of the service ; and such, he believed, should j rorril Mr. Kent here "avc a Mtftbcr uf instances, be permitted to orgaatxe, and be enabled, in the hour ol ! withi his ((vn klloWit;doe, to show thc evils that had need, to delend their country. The necessity ol an cnu- j resllllod um ;,.,, .Ot0I nm malicious indictments the meration of what is celled the sedentary inuiua, as pro- ,oss Gf .,rolKrtv al,j tic wrCck of character. He thought vided lor in the article, was lor the purpose ol enabling thcro was a" rnlctiy. aIt!,ough there might be a the State to draw her pior quota id arms. These tiilIercncc of otinion as to a proper Mibstituto. His plan arms were to be properly kept ami to be ready lor any w t tr;Vt. ,,,, ii-tion in one class of offences to justices

emergeacy. He Uioagut smne system, similar to tlic one under cousideration, slmuld be adopted. i.. ..i.i i . ...... i Mr. Murray thought the plan proposed by thc comluittee wa-s a rea-sonaJilo one; and, with a few amendments, should be adopted. There was danger in disbaiidiuo our militia. The volunteer corps contwmplatcd, be lielieved. would answer all useful purposes. Mr. Steele said. thre was an inconsistency in thc proposition to amend, niter adopting a section making the Governor the eommander-in-ebief of thc army and navr. There would bejiist about as much propriety in leaving the organization of the Courts to the Legislature. General Hamilton and General Knox'bad recommended a sedentary militia. Mr. Poinsett had made a report that the gentleman from Jefferson (Mr. Dunn) surely bad not forgotten. He had not forgotten the Buncombe that was manufactured out ofthat report; aad although a supporter of General Harrison at the lime, be (Mr. Steele) disdained to enter into that c.usadc; but procured the reports of Generals Hamilton aad Kaox. t show the men with whom he was actinir at the time, politically, that they were doing Mr. an Bren injiistiee. He saw a beauty and harmony in the VVIIl A s . . S-' (Ulli w will' i i" rs ' j '! any emergeiu'v. The sedentary militia would be in reserve. Gentlemen had objections to what they called a stuiiin'' army now they objected to a sitting army Nothing appeared to please them, unless they could atsodel the system themselves; and their system would he entirely l'nopei '"'ive. He contended that the militia aad to be brought in to sc "nre tne faithful observance of the laws, to quU mobs, insurrections, &c., and sh .uld not be dispensed with. . ,. Mr onoup mov..-d to amend tiiC original section, so nat there should be an enumeration eve.'J live years instead of annually, of the sedentary militia. Mr. Dunn of Jefferson said, ho had moved to strike oat the details to save time, and for thc purpose of Icaving the whole matter to liic legislature, which ne Legislature, which he

thought the proper place lor periecting any system mat pnni nnlU Thursday ncx:. night ! adopted. , Tho r.ection providing that criminals shaii have the Mr. Edmoaston favored Mr. Shoup amendment. He i rjut a Jlll)lic trial ,lV ; jurv . t!ie ri?ut to be i,eard Dy was in in favor of retaining the first section and striking cnaef g.. was rcad a second time; when Mr. Smiley out the balance of the article. I ,oved to amend, so that counsel shall bo either licenced Mr. Maguire read a letter from thc Adjutant General or unticcnsed. not adopted. Mr. liistiuo moved to ,t Wasbiagten, to show that thc militia must lie organ- amL.nJ lliat tJC. accused s':all havu the closing argutzed into companies in order to draw arms. 1 here j IU,.nt . n.)t ajopU.j. The section was then ordered to be were two great objects to lie eflected one to obtain j enirr,,.Ssed. oar proportion of arms; and the other, some effective f(. Thornton moved to amend the 7th section so that means to preserve them. all cases shall be bailable, where security uf sulliei. nt The discussion was continued by Messrs. Spann and ' amollllt j, giveo; according to the magnitudu of the at Watts; when, fence, and the circumstanc s of the accused party. He On raotioa of Mr. Pepper of Ohio, the whole subject objectefj lo the word capital in the section, which supji..was re-cosnmitted to the military commrttee. .. sed a punishment which ho was optwscd to, and which

Alter some discussion, the Convention a!jonrne' until to-morrow morning at 8 o'ciock, in order to enable the Ladies to hold a Firemen's Fair on this evening, having a pre-engagemcnt of the Hall for that papose, previous to the contract of the Convention. Tcesdai, December 31, ISjO. The C nvention was opened by pr.iv. r by the Rev. Mr. Farrov a Delegate. The resolution, otlered on yesterday by Mr. Badger, for a committee to (. ap..int.d, to make enrptiry as to the conditions on which this Hall is leased, was taken up and adopted, ayes 92, noes 4. Mr. EdmoHston, on behalf of himself and nineteen n:h.-r nth-rod a tirotest aoainst the action of the Con vention ia adjourning over from noon, on yesterday, until this morning. Mr. Foster moved to reject the protest, on account of offensive language After debate Mr. Shonp moves! the previous question, which being sustained, was pot, on rejecting thc protest J. . tde.J in the alternative, ayes z, noes 3. Mr. Dohson reported back the section on that subject, I, so as to permit postmasters wuere tne salary

does uot exceed $90 per annum to bold other offices ; which, was concurred in. Mr. Bascom then moved to recommit the section with instructions to am nd, so that counties having a thousand polls instead of votes cast may elect the sanie person clerk, an. Ii tor or recorder, or any two of said oll es; which motion prevailed. S.veral sections reported from the committee of rights and privileges were taken up. The sections providing that no laws shall be passed, restraining the free interchange of thoughts and opinions, or restricting the right to speak, write &c., and that in all prosecutions for litiel the truth of the matters alleged to be libellous, may be given in justification; that all Courts shall be open, and every person, for injury done him in his person or reputation, shall have remedy by due course of law were ordered to be engrossed. The following section was now read a second time : "No person arrested or confined in jail, shall be treated w ith unnecessary rigor. No person shall be put on

trial on any criminal charge, without public opportunity tliMM, .O nil'. I Ituiiiuii bLkimuii , liuu ivywi charge in its inception." Mr. Lockhart moved to amend by striking oat all af ter the word "rigor" and inserting ".No person shall he ill. I 41 1M3CI lot uoil "I i'iui.1 tji iniauii'u held to answer for a capital or otherwise ...1.1 ... .......... . ..n..i.i.l . . .- ti f Imril l.'D Iii 1 , - , ,. . , 'Time, unless on a presentment or inuicuucni.ui it ui a nu jury, and all oflences the punishment ol which is by luie or iiiijirisonmeiit in the county jail, or imprisonment in ... . ,ti II h nro.mr! in K.,r.h m.wr as hall M jrescribed by law." Mr. Smith of Kipiey moved to strike out the amendmrtnf ami IniiArl. ''Itfrt Missfl irMtssssI ft I f-itlltllii'll 111 i:til , , , . ,.' .SS:irv rirr(1. or !lf. nIlt ffl!in. swer any criirtinal charge, out uv presentment . indictment or iinpcachinent. Mr. Pepper of Crawford moved to strike out all after the word "be," and insert: "held to answer tunny criniinal charge, except in such manner, as shall be prescribed by law. Mr. Gordon opposed this section because it abolished the gnftd jurv. He wished the fact to be borne in mind, i that, in a cafl of this Convention, fifty thoJsand votes were east against it ; lance he urge.l, that there should be no untried experiments, unless for very good reasons. This State had attained its present MMrtftN under our Constitution as it now ;l.inds. The wilderness had been subJued. and improvement and civilization had taken the place of the ab ide of t!i savages in many portions of . tho State; and gentlemen should pause before t!;ey made ebum whicii might destroy the beauty and harmony of our prese.it system. We should not object to grand 1 juries because they are of Enlih origin. Wc derived ; much that is valuable from that country, and much of ' our proent standinir, is a nation, was inconsequence of our parentage. The system might lc amended, by tai king from it a portion of ils jurisdiction; but he thought the best interests id the State would prevent its abolition Hfl t'.ien proceeded at length in opposition to the section as reported. Mr. lias -om. on ibis question, as on all others, would endeavor to rellect the will of his constituents. In his county the grand jury had been shorn of a portion of its power, he believed, to the advantage of the people, anil he was willing to sec lurtuer amendments Mr. Kent said, it mattered not, to him, whether the grand jurv had its origin a thousand years ago ; or in the remotest period of antiquity; or whether it was but the creature of yesterdry. In coining to a proper conclusion it should be decided whether it was right ; whether it wnc iost ninl whothor if was in noi-ordanef? with t!i." frftof enlightened progress by which wc are surroundC(j qqlis colinlrv was justly stvled the originttor of the neatest reforms that the world ever witnessed; and wiv. he asked, in the puuishiu- nt of crime, should the spii'it of pro 'i ess be staved? It was a mistaken idea that .i f thc hmj are better acquainted with the workings of the grand jury system than the rest of their r..!i..,. ..ir;.n mninLr ni' ili i ir.r,.sioii r lotind Within the pteemets ol Hie grand jury room, except tin sc whose duty it is to prosecut ; and hctice their arguments are worth no more than those of others. Thc grand jury was inquisitorial and ex parte in its character. Tlic vitneses for thc accused were not there; but revenge and malice were too frequently there in the shape of witnesses against the accused. The peace and happiness of whole communities were frcu nt'y destroyed; and in the trial of causes having their lirst origin with the grand juries, not one in twenty resulted in a conviction, thus causing serious and unneces sary cxa?nsc. In many counties large nuiniiers oi pelwen, ,v,.,ntently brought to the county scats as witof ... . tht)M. of a ,Ccondary character to a ' ... . county court. His principal argument, however, or at least thc onc that had the greatest weight with him, was that every man charged with crime should have a fair and open trial, where ho could meet his accusers f ieo to f4ce. This would prevent all prosecutions founded upon revenge, and he believed that a tribunal might be instituted that would subserve all thc t ids of justice. A public trial would aid in the formation of a correct public opinion. Many had agreed that minor offences should be taken from the grand jury. To those who go thus far, he could not sec why they should not go a step farther, as to the higher crimes, which arc almost invariably brought to light by charges instituted before inferior and examining courts. He answered the objection, that the rich felon would frequently cscapo if grand juries arc abolished, by giving a great number of instances where rich and influential criminals had been arrested, without the intervention of a grand jury, such as Monroe Edwards, Professor Weitster and the recent case uf f ! . . 1 1. . r -i I lfitifoti If.. .I.iiiioil tti:it nnv tliimr .uniiil Iii. ()ln(, jn lhp writinffS of Jt.Herson holding op the grand v ,... u , ,;a,:i,;mn f onr jberUe. He then contrasted the expense, which he said should not bo taken into account ; but as a change would rcibcc this item, no one could object to it on this score. He concluded by inverting thc reading of the section; and asked, what would be thought f a proposition that should say, no person should in the itrst instance be put on trial, on any criminal charge, where he had the opportunity of olfering rebutting testimony. Would not thc country revolt at such a proposition? This, however, would be the correct reading of the section, under thc gtand jurysystem . Mefo e thc question was taken, thc Convention adjourned. In in? afternoon the section in relation to grand juries . -, . -i . : r..ii . was ti'Min Up. ue . onvtiiion uoi ue.-'i m, on uiouou ,,f jjr. pe,tit, the section nd aincudments were I UJ1 h ,,MP(1 Convention would abolish. He honed, at least, that the Legislature would aliolish it. He urged gentlemen, who had exhibited so much regard for the liberty of the citizen, to come to the rescue in this instance. A charge of crime is not proof positive of guilt. Indeed thc law conveys a different opinion. Mr. Gibson said, this was the most startling innovation that had ever kon urged. It was, in effect, saying to the wealthy offender, you may murder with impunity, if you bava means sufficient to give the bail required. Mr. Thornton said, he w is opposed to taking life in have the large amount of money than the man's life. The imprisonment of thc offender would not reitorc the dead man. He was sixty-six years of ago and had never seen but one man executed and he hoped he would never sr another. Mr. Thornton's amenc'.nent was not adopted, ayes 9, noes 90. Mr. McClelland moved to amend the section by stri king oat ''habtaMCorpvi" and inserting ''have the body;' not adopted

The 7th, 8th, 9th, 10th, 11th, 12th and 13th sections were ordered to be engrossed. Mi . Read of Monroe moved to amend the 14th section by striking out the words "grant extraordinary privileges" and insert, "nor grant to any citizen or class of cit-

fizens, privileges and immunities which, upon the same terms snail uot Detont; equally to an citizens." ne saw this amendment was intended to prevent what might be called class legislation. It had no reference to chartered companies, nor to a State Bank, should such an institution be established. He had read the amendment to several legal gentlemen who had approveuof it. Mr. Borden moved to strike out the words "citizen" and "citizens'' and insert "inhabitants." Ho was opposed to excluding the colored population from thoabcnetits of tho amendment. Mr. Badger moved to lay tho amendments upon the table. A division of thc question being called, Mr. Borden's amendment was laid upon thc table. On the question of laying Mr. Read's amendment upon the table, it was decided in the affirmative, ayes 39, noes 85. Mr. Ra: n contended that the amendment would interfere with tho exclusivo right to keep ferries, &.c, Mr. Davis of M;,disnn moved to amend thc amendment, so that thc scctio i shall not lie construed to prevent the Legislature from establishing a State Bank. Mr. Butler moved that the amendment to the amendment be laid upon the table; which motion did not prevail, ayes 69, noes 53. .Mr. Walpole moved t commit thc section to the committee on rights and privileges. Lost. Mr. Ritehey said, he was afraid there was something covered up in this amendment not generally understood. Mr. Mather moved the previous question, which lieing sustained, was put, on thc adoption of Mr. Reid of Monroc's amendment and decided in thc alliimative, ayes 69, noes 52. The section was then ordered to be engrossed. The President laid before the Convention a communication from the Governor, Auditor and Treasurer of State, stating that the agreement for the Hall was for tho day time only. If ocecupied by the Convention at night there would be an extra charge. Thc Convention then adjourned. Wetnespay, J.muary 1, 1851. The Convention was opened by prayer by the Rev. Mr. Steele. Mr. Pepper of Ohio, from thc committee on military allairs, reported ba-k series of sections, amended so as M provide for thc organization of tho militia into regiments and battalions, and for active and sedentary militia. The sections ordered to be engrossed on yesterday, now came up on their third reading.The section in relation to libels was rc-conimittcd for r.mcndincnt, in order to make it more delinite. Mr Allen moved to re-comuiit the 8th section, in relation to writs of habeas corpus, with instructions to strike out and insert "No person, unlawfully imprisoned or restrained of his libeny, under any pretence whatever, shall ever be deprived of tho right of being personally brought before some tribunal or officer, for the purpose of having tho ra ise of such iiiipt i-onmeiit or restraint enquired into, and justice done in the premises." Which Botfoa did not prevail, ayes 43, noes 69. Mr. Milroy moved to re-commit the 9th section, with instructions to add "the penalty of death shall in no case lie inflicted." Mr. Borden moved to amend, "except it bo for cool, deliberate, and premeditated murder." Mr. Borden advocated his amendment, and Mr. Kelso opposed capital punishment in all cases; when, On motion of Mr. Howe, thc section and amendments were made the special order for next Fridayweek. Mr. Milroy moved torc-eommit, with instructions to srtike out the 10th section and insert, that "no person shall be restricted in the right to carry visible arms." The section, he believed, gave license to carry concealed w eapons ; lost. Mr. Niles moved to re-commit, with instructions to amend, so as to insert the provisions -f the present Constitution; which motion prevailed. The section in relation to titles of nobility and cltrss legislation, came up in order; when Mr. Nave moved to reconsider thc vote on the enirrossincnt of the section. He looked tipen the langOAfffl of the section as extremely objectionable. It might be liable to tho objection, that persona being authorized to keep ferries and construct plank or railroads, of having their profits divided amongst all other citizens. This might be aviolent presumption; but he believed it was an attack upon every company that might be incorporated in the State. The vote was then reconsidered, ayes 59, noes 54. Mr. Hall moved to strike out and insert, that 'the Legislature shall not grant any title of nobility or hereditary distinctions" the words of thc present Constitution. Mr. Dunn of Perry moved to lay the amendment upon the table ; not carried, ayes 43. noes 72. Mr. Berry moved to amend the amendment bv addin-r "nor grant any extraordinary privileges;" wbich was adopted. Thc amendment, as amended, was then adopted. Tho section was then ordered to be engrossed. The tevcral other sections ordered to bo engrossed on yesterday, were passed. Thc section providing that the Legislature shall create no office the tenure of which shall be longer than live years, was read a second time; when Mr. Read of Clark moved to except pilots at the falls; laid on the table. Mr. Milligan moved lo strike out "five" and insert four." Mr. McClelland proposed "thrco"vcars;" laid on the table. Mr. Dunn of Jefferson proposed "sot exceeding years;'' laid n the table, ayes 63, noes "). Mr. Smith of Ripley proposed ''two years;" not adopted. Mr. MeClclland's amendment was then adopted, and the section ordered to be engrossed. Mr. Read of Monroe moved to amend, by adding the following; section: "Thc Legislature shall not grant to any citizen or class ol citizens, privileges and immunities, which, upon the same terms, shall not equally belong to ail citizens." Mr. Hovey rucved lo amend, so that where rights or immunities have been, oi may hereafter become vested by law ia any company, citizen or citizens, the General Assembly shall have no power to impair the same. Mr. Smith of Ripley asked for explanations. Mr. Read of Monroe said, that if a State Bank were established all branches should be equal, and that all t iis and villages should have equal privileges in such an institution. Mr. Smith of Ripley was glad of tho explanation. It effectually destroyed the possibility of a State Bank. Mr. Biddlc was surprised at the vote this morning. The proposition met his hearty approval. It did not destroy a State Bank. It only gave equal rights to all citizens. With regard tj ferries and plank roads, he saw no objections. It would only prevent exclusive and unlimited privileges. It was a question of natural right ami justice. With regard to plank roads, he bad no eonc. almeut. He would not deny the right to run a parallel road, if the right of way could be procured. Mr. Rariden objected to thc provision, because it was uncertain in its character. We cannot sec the ten thou sand varied circumstances that might arise. He instanccd the falls of thc Ohio. Should thc State of Indiana incorporate a company to make an improvement there, w ould it bo ngnt to leave an open provision to mane a similar iuprovemcnt? It would prevent the investment of capital in many instances Mr. Mies said, the section otlered by the gentleman from Monroe (Mr. Read) was sound in principle. To vote against it, was in effect saying, there should be ex-clu-ic privileges. If a State Bank is desired, it could be provided for as an exception. With regard to ferries, there had been ferries established in Indiana that had yielded etormous profits in ODa instance, a hundred thousand dollars; or, as he was just inhumed, a quarter of a million. Exclusive privileges had been of incalculable evil. He alluded to a striking instance of monopoly in London, where immense advantages hud resulted to a singlo family. Before the question was taken, the Convention adjourned. In the afternoon, the Convention resumed the consid eration of the section introduced by Mr. Read of Monroe, in relation amendment . to class station, with tho ponding Mr. Pepper of Ohio addressed the Convention in favor of the section as introduced by Mr. Read, and in opjKisition to monopolies end special privileges. Mr. Hall said the seution was submitted to him i.ofore introduced, and be was inclined to support it, supposing ittooppr.se that species of special legislation, which had bee:' so much complained of by the people But.

on further investigation, he found that it was doubtful how far it would go. Indeed, the gentleman from Cass (Mr. Biddle) had said, in reference to plank roads, that ho was in favor of suffering rival roads to run parallel.

ne was opposeu to granting tins power in all cases. Mr. Biddle explained. Mr. Dobson lavored tho section, particularly in reference to the principle of individual liability, lie was opposed to artificial persons or corporations having exclusive privileges over natural persons. It was thought by some, that this principle would do away with or prevent corporations ; but such, he believed, would not be the consequence. Mr. Hovey said, he voted for thc section, when first introduced, because he liked its general principles; bnt, upon further rellcction, he lielieved it would cripple or prostrate all the corporations in the State. For his part he was not prepared to go so far. This State needed works of improvement, which ho hoped to see made. Should the principle urged by tho geutleman from Cass (Mr. Biddle) prevail, no persons w ould bo found to take stock in our plank roads. Mr. Cookerly said, it cost money to construct these public works. They would not be made unless thc business of the country demanded it, and where that was the case, the hands of thc country should not be tied up by corporations. Mr. Smith of Ripley would now support the section. He was deeply interested in a plank road; but so sjoii as the business of tho country demanded it, he did not wish to prevent another road from being msdo. Mr. Clark of T. thought that thc section was entirelv harmless. It means nothing. If perpetual privileges were granted to one individual, thc same privileges may bo extended toothers. In relation to ferries, bethought that there were cases where some exclusive privileges should be granted. Mr. Bascom moved that Mr. Hovey 's amendment be laid upon the table ; which motion prevailed. Mr. Edmonston moved to amend, so that nothing in thc section should be so construed, as to authorize "the Legislature to enact a free banking law; laid on thc table, .iycs 67. noes 56. Mr. Kelso said that in order to make the matter plain, he would move to amend, SO that, nothing in the Oct 0a contained, shall be so construed, as to prevent the Legislature from incorporating a State Bank and Branches. Mr. Chandler moved to lay thc amendment upon the table; carried, ayes 61, iocs 59. Mr. Clements moved to amend by adding "and it is understood that this section is intended to incorporate free Banks and none others;" not adopted, ayes 13. noes 103. The question was then taken on adopting thc section, as introduced by Mr. Read of Monroe, and decided in the affirmative," ayes 80, noes 41. The section was then ordered to be engrossed. Mr. Shoup moved to amend, by inserting the following section : "Thc business of banking "diall be free to all on such terms and under such restrictions as thc Legislature shall impose." On motion of Mr. Hamilton, laid on the table. The Convention then adjourned. Thursday, January 2, l&ftt: Thc Convention was open"d by prayer by the Rev. Mr. Crcssv. Th Convention resumed the consideration of the section in relation to Grand Jurors, made the special order of this day which, on motion of Mr. Lockhart, was further postponed until next Tuesday week. The Convention took up the amended Article, reported by Mr Pep cr of Ohio, from the committee on Military Affairs, providing for organizing the militia into companies, regiments, tc, and providing for sendcntarv and active militia; which was concurred in. and the article ordered to be engrossed. Mr. Milroy- made a minority report embracing a provision in favor of a volunteer corps. The sections, ordered to be, engrossed on yesterday, were taken up on their third reading. Several of thc sections were passed by consent. The section, in relation to class legislation, offered bv Mr. Read of Monroe, was read a third time j when Mr. Rariden moved to recommit it with instructions to amend, by adding "Nor authorize, in any manner, a monopoly of tho college and school lands, to promote the liigber branches of education; but ti:e same shall be distributed for the benefit of common schools." Mr. Morrison of Marion opposed the amendment, and thought it strange that an att ick should be made on the gentleman connected with the State University, because he had the temerity to offer a section on an abstract question of right, the justice of which all acknowledged. Mr. Rariden disclaimed any personal object. Most gent lernen on this floor had their hobbies. The gentleman from Marion had his, in abolishing technical law phrases The gentleman from Monroe had his, and tjie same lenity should not be denied to him (Mr. Rariden.) He was willing to put his amendment to the country, and ask whether the sons of thc rich should be educated, where the poor was denied, in consequence of the want of means to pay their board. Mr. McClelland said, if the gentleman would bring up his amendment, as a single proposition, ho would support it. He says he has brought up the measure as a hubby, and w ill not be crowded off the track. He believed it would bo si difficult matter for him to get upon tho track, as had been proved by his niggeroloty efforts this winter. Mr. Kelso supported the amendment , and thought here w as just the place for it. Ho bad no doubt but thc objects of the amendment could be accomplished. Mr. Borden hoped the matter would not be insisted upon now. It had been referred to a eommiitee that would make a report, when he would Iks glad to receive the support of the gentleman from Wayne. Mr. Pet lit said there w as no consistency in engrafting the amendment upon tho section under consideration. The sccti -a was one, which carries with it a principle universally assented t of individual equality. He contended, that by the acceptance of thc General Assembly, of the college lands, the donation of the General Government had become a vested right. Ho said, that were a proposition now before the Convention, to disannul the charter of thc Stute Bank, the gentleman from V 'a vue would be the lirst to cry out vested rights. Mr. Owen opposed placing two subjects together, of an incongruous character, as an inappropriate method OJ legislation. He related an anecdote of the school boy and the trrapes, and the schoolmaster and the boy in illustration. Mr. Kent moved the previous question ; which being sustained, was put on Mr. Rariden's amendment aud decided in t!;-- negative, ayes 45, noes 72. The section then passscd bv a vote of ayes 89, noes 30. The section providing that emigration from thc State shall not be prohibited, was read a second time and ordered to be engrossed ; when Mr. Pepjicr of Crawford moved to amend, so that there shall be no difference between citizens and aliens in the possession and descent ot property. Mr. Davis of Madison moved to amend by adding a proviso that such aliens have declared their intention to become naturalized. After discussion in which Messrs Pepper of Crawford. Foster,Lockhart and Edmonston participated, Mr. Petth ' . . ..tili suggested an amendment Iry embracing properly wilieii ir) aliens, so that it may go to their heirs, whether they reside in this country or uot. Mr. Rtad of Clark and Mr. Dobson suggested amendmcnts; when Mr. Lockhart moved to rcler the whole subject to a select committee in order to perfect the sec. tion; which motion prevailed. Mr. Navo offered a provision, contained in tho last section of the bill of rights of the present Constitution, excepting all powers not mentioned in tho Constitution as inviolate ; which was adopted and ordered to ho engrossed. The section providing that there shall lo neither slavery nor involuntary servitude; and no indenture of any negro xccuted out of the State shall be valid, was read a second time. Mr. Edmonston moved to strike out tho latter clause of the section ; not carried. Mr. Clements moved to recommit it with instructions to strike out and insert a provision, that the emigration of negroes and mnlattoes shall be prohibited. Mr Kelso said, that this subject had been referred to a committee, and bo thought the instructions unnecessary. Mr. Pepper of Ohio said, he was in favr of a prohibitory clause; but be was now in favor of referring that subject to a separate vote of the people. Mr. Clements was in favor of action, and hence his desire to instruct the committee, so that the subject might be brought before thc Convention. Mr. Cookerly was in favor of ti e amendmeut. It was time, high time, that the eommiitee had reported, .tn.l unless report was made by Saturday next, he would introduce a resolution compelling them "to report. He did not know but there was a cat in the meal tub

Mr. Stevenson was a member of the committee, and ! said there would be a report next week. He saw n j

j propriety of blending the two subjects together. There I I was plenty of business before the Convention for its ac- ! : tion. After remarks from Messrs. Owen, Foster. Kent and j others the motion and instructions offered by Mr. Clemcuis were laiu upon tue taule. The section was then ordered to be engrossed. In the afternoon, the section making it the duty of the county auditor, or proper omYer of the several counties to annually furnish to the secretary of State, a roport of agricultural productions of each couuly, was read a second time. Mr. Dobson favored the section. Mr. Chapman said, an effort had been made to establish an agricultural bureau at Washington. He thought a State system far preferable. Mr. Davis of Parke moved to strike out "annually," and insert "biennially." Mr Hovey thought it would take up too much time. Mr. Prather said it would take but little time to ac1 complish the object. Mr. Morrison of Marion said, as chairman of tho comj inittce that reported this section, he agreed with his j colleague from Marion, (Mr. Chapman) that this was ; so self-evident a proposition, that he wondered that any one would oppose it. The assessors and collectors of taxes could very easily accomplish thc work, and with but I very little aumtiounl expense. Besides, an uunual or ! ; biennial report would enable us to give a true estimate I of our products. The quantity varies almost every j year, and a piopcr and correct average miixht be arriv-1 i cd at. Mr. Cookerly thought the expense would be too great, j and besides it was amoro proper subject for legislation, I than lo be inserted in the organic lawMr. Dobson said, that there would be a ercat advan j tage to the agricultural community in giving this infor- I ! mation to the public. The purchasers of produce could ! i tea exactly wncrc to buy. iiic Ohio traders, where ' they had a similar provision, were surprised that wc i had not such a system here. They knew exactly w here I to go to make theit purchases. Mr. Bascom was acquainted with the Ohio svstcm of collecting information, and he knew, that wiiii proper blanks, the assessors could collect tho information with I very little trouble. Tho people in one portion of thc j Slate, would kuow what was produced in thc other. He i hoped that at least one section would be given to the agricultural interest. Mr. Shoup thought if tho information was desirable, : thc Legislature would adopt the system. It could not be carried out without expense, aud might cost in the State eight or ten tl ousaini dollars. Mr. Wolfo was a practical farmer, and he did not bclivo it would benent the agricultural community. They would have to pay the expense. He did not believe it would make theit wheat or corn sell hi'dicr. Mr. Badger favored the section. He thought it was j a matter of vital interest. It would be the beginning of a system that would afford incalculable advantages, i Ho was a farmer and w as not only willing, but was I anxious to bear his proportion of the expense. Thc ag ricultural interest bsd been too much overlooked. He hoped thc day would soon come, wheu a State Agricultural Bureau would be established, and when" there would be annual agricultural fairs at the seat ofavera ment, where specimens ol" our fertile soil might be exhibited. I Mr. Edmonston was a farmer, and he represented ; farmers, and he was convinced his constituents did not wish to incur the additional expense. Mr. Cookerly replied to Mr. Badger. Mr. Farrow said, his constituents would be as little benefitted as any others. Tho productious of his county were well known. But he believed that the expense . would be re-paid in a three-fold ratio to the people ol the State. He had thought that this section woulil have been passed by eommon consent. Air. Spann said, the section would be entirely useless. He thought the committee that reported the section, eu- ! tirely mistook the true interests of the farmer. Besides, it was strictly legislative in its character. The amendment striking out "annually," and iusertinu I "biennially," was not adopted, Mr. Hawkins moved to strike out "annually." and insert "in tho year 1S55, and every ten years thereafter; and also the number of inhabitants." Mr. Hawkins said, that if his amendment was adoptcd, we would have a report every five years one by the i State and one by the United States. Mr. Hawkins' amendment was laid on the table. Mr. Moore moved that the section and amendment be laid n thc table; which motion prevailed, ayes 66, ! noes 61. The section providing that tho county auditor or othI er officer of thc several counties furnish the Secretary of State with the number of children instructed in the "disI trict or common schools; thc number of school houses, &c., was laid on the table. The sections that treason against the State shall only consist in 1-vying war, 8cc, and that no person shall be J convicted of treason, unless on thc testimony of two witnesses to thc same overt act, &c. were ordered to be engrossed. BANK QUESTION. The section rep vted from tlic bank committee, providing that the business of banking shall be free to all. ! on such terms and restrictions as the Lcgislartirc may impose, in general laws, for such purpose, including the following principles, whieh shall lie obligatory on all ! persons, associations, or corporations, acting under gca1 eral laws, was read a second time. Mr. Hall moved to strike out thc section and insert the following: "Sec . The General Assembly may authorize the I establishment of a new State Bank, with Branches, to go into operation after thc expiration of the present j Bank charter, under such regulations as may be pre- ' scribed by law ; but in no case shall the State be t. part- ! ner, or have any interest therein, or any Branch thereof, j except as may be occasioned by the investment of any trust funds of the State therein as loans; and the safety of any funds, so invested, shall be secured by their prej ference in payment, in case of insolvency, over the stocks of any individuals in the Bank ; Provided, That each Branch shall be mutually bound for thc debts and i liabilities of each other." Mr. Hall said, that he did not deem it necessary to make any remarks. Gentlemen were well acquainted j with the subject. Mr. Rariden said, he would make thc best use he ! could of his thirty minutes. He wished to diecuss thc whole subject. He wished to contrast the advantages ol ' a State Bank with those 'of thc free bank system. He laid it down as a truth, that it was impo'sible to put down a I paper currency. Thc States nrouud us had such a circulation, and would furnish it to us, unless we have one of our own. It was also true, that thc State Bank, as j at present constituted, did not afford a sufficient circulation. The State Bank had done well, and had redeemed ' its notes, except during the general suspension. Where j there are two curren -ies, thc least valuable would always lake thc place of the more valuable. He then enumerated the advantages of the State Bank. It had earned for the school fund some-eight hundred thousand i dollars. It aflorded a State taxation of from live to ten F thousa nd dollars per annum. The interests of thc pcoI : i ii'h MM.i.i.il kv a wii n t liiihilitv- of tlin brunr.hn lie Mi-ir; -vv-iiiLii 'j j...v .", w. - v. ... ..v.. . He vindicated the Bank in relation to dealing in bills of exchange. It was to the interest of the public, because a premium of one per cent., saved the public the payment of from two to five per Cent, which would have to lie paid, without the Bank. He then gave examples in proof of his position. An objection was made that discounts could not be procured, but bills could be purchased at a loss of a half per cent. This was all right. If I the Bank had such exchange, it was right she should use it. Much had been said about free banks, and his j ears had boon assailed with the cry of equal privileges He contended that it was not a Constitution that could I give a monopoly. In the absence of legislative enaetl ment the moneyed men would have all the monopoly to i lieinsclves. He had a word to say in relation to rrec Banks. He contended that railroad stocks would indirectly become the foundation for these banks Look at it; the notes are to be issuscd on State lionds, dollar for dollar, and in connection with the railroaks. there would be a perfect monopoly. They would prevent foreign capital from coming in, because they would have the carrying trade. He said, that in those places of great ambition and enterpri.c, such as New Albany, Madison, and this place, their plans could be carried out. He read the Governors message, to show that in New Alliany there was a corporation tax on $3tX),UO0 that was not reached b) the State. In Madison $600,000 and Indianapolis tin' same amount. Mr. Morrison of Marion explained. These cities had a right to adopt a different system of municipal taxation

Their State tax list, he believed, would compare with the neighboring counties. Mr. Rariden said, he had no intention to attack' thes cities. They had been cited by the Governor. This amount, exempt from State taxation would constitute a foundation for free banks, and might continue to be free fromtaxation. With regard to the State Bank, we were able to reach her by taxation. He attain asserted that the railroad stocks v iuld be the foundation for free banks. They might exchange them for State stocksbut it would only be in name. He asked, why the bauds ol the State should be tied up in reference to a State Bank? He believed he could show, after arguments of gentlemen were heard, that tho free banks were to be established on the basis he naj mentioned. Mr. Dobson said, that he was with the gentleman from Wayne ; but he believed he w as mistaken in some of his positions. This free bank question smacks of tho salt water. A few years ago a question was brouht forward to make the general government liable f-v $200,000,000 of state indebtedness. He resisted this He was in favor of the States paving their own debts! In our State debt arrangement we had issued new bonds These, it was contended, should he brought home. But he asked, if our citizens did not own them, what would be the advantage t We had not seven millions of hard dollars to send to Europe for onr bonds. There were five brothers (the Rothchilds) w ho control the moneyed ojK-rations of the world, and who act as a unit. They had banking houses in London, Paris, St. Petcrsburgh and other portions of Europe. These brothers, be was informed, held possession ol most of our bonds, and ho was not in favor of placing the moncved power of Indiana at their feet. He ha.l voted to exclude the Directors of railroads and Banks bom our legislative bodies,- but be was overruled. He was not in" favor ol the State Bank, as at present constituted hut he would sustain a well 'constituted State Bank. The nresent TtnnL- h . . k.ir.i..

... i - ...... w i ii .i 1 1 tue capital sufficient for the wants of thc country. But a State Bank was out oftheciucsti n after thU Ton vnnnn r. i . . . i . i . 14 I VI USVU to sustain thc proposition for a puldic debt. For his ow n part, he desired to see the screen lifted up before the free Hank proposition passed, that he might "Ce the elephant." He wished to see tho whole matter transact. ed in broad daylight, if these Banks arc to be established. Before any question was taken, the Convention adjourned. INDIANA LBilSLVflBE. SI 'NATE. Tcesdat, Dec 31. IS50 Senate assembled. Tlic Journal of yesterday was read. Mr. Graham remarked, that thc resolution of vasterday, requiring the State Librarian to f.rnish chairs appeared on the Journal as censuring that officer and as he supposed the Senator from Wavne, (Mr. Hollo way) had no such intention he hoped he would have it stricken from the Journal. Mr H illoway aid, he had no such intention, and WDuld preler having thc resolution taken from the Journal; which was accordingly done. BILLS r-ASSED TO SECOND READIWC. Mr. Harvey introduced a bill for thc relief of the borrowers of the school fund. Mr. Graham introduced a bill for the purpose of changing the nauie of the Perry Cotton Mills. Mr. McCarty introduced a bill entitled "an act to repeal an act appproved January 19, 1850, of an act entitled 'an act to incorporate the city of Indianapolis ' " approved May 27, 1S50. Mr. Holloway introduced a bill toamendai "act to incorporate the Richmond and Miami Railroad Company approved January 19th 1846." Also, a bdi for "the relief of Mary Cterk. Mr. Graham introduced a bill to'incorporatc thc Cannclton Levee and Draining Company. Mr. Holloway presented petitions from nine hundred temperance citizens of Wayne county. On motion, said petitions were referred to a select commitiee consisting of onc member from each concessional district. On motion, Thc Senate adjourned. AFTERNOON SESSbOÄ. A message was received from the House, mfornJng thc Senate that His Excellency, tho Governor, was now ready to deliver his annual message, and i. -questing the attendance of the Senate instanter. The Senate repaired immediately to thc Hall cf the House. After the Senate had returned, a message was received from tlic Governor, by bis Private Secrefarv. reluming bill number two hundred and twelve of last sessiou, with his reasons ft not signing it. On motion, it was laid on the table. On motion, Tue Senate adjourucd. HOUSE OF REPRESENTATIVES. Tuesday, Doc. 31. 1S56. House met. On motion of Mr. Ross, a select committee of seven, consisting ef Messrs. Ross, Millikan, Watts, of Dearborn; Chapman, Edwards, Bird and Brown of Shelby, to report on thc number of papers to be taken for the use of members was appointed. Thc Speaker laid before the House a communication from sev eral of the Branch Banks. Also, a communication from J. D. Defrces in regard to mailing newspapers subscribed for by the House. Mr. .Ml lei land otlered a resolution that the Principal Clerk be authorized to employ such assistants as be may deem accessary , at a compensation not to exceed $3 per day. Mr. Patteiso moved to amend by adding "for the first six weeks, and from and alter that time at the rate of $1,50 per day ;" adopted. On motion the resolution as amended was laid on the table. A Message was received rom the Governor returning a bill of last sessios, with his objections, entitled "an act for thc relief of Anne Blytheston f laid on the table. Also one returning a bill of last session with his ob je -t ions, entitled an act relative to the funded debt and thj completion of thc W. and Erie Canal. Mr. Ross moved t suspend the reading and lay the Message on the table. A point of order raised by Mr. Edwards, that the House could not lay on thc table a veto message., but must take the vote upon reconsideration hist, was discussed by Messrs. Edwardsand Chapman. The point of order was overruled, the message laid on the table and 100 copies ordered to bo printed. J. M. Cowan, Representative from thc counties of Benton, White, Pulaski and Jasper, presented bis credentials, w as sworn into office aud look his seat. -. Mr. Usher moved to take from the table the resolution authorizing the Principal Clerk to employ Assistants j adopted . Mr. Usher then moved to amend by striking out the latter clause giving $1,50 per day to Clerks alter the first six weeks. Mr. Brown of Shelby said he wis opposed to this humbug of paying Clerks less than $3 per day, at the close of the session, the very time w hen their duties were thc most arduous. He favored giving them a just compensation during the whole term. He did not think this Legislature would adjourn at the end of six weeks. Afterlhe Convention bad adjourned and reported its action to the Governor, it was tlic duty of the Legislature to pass laws reflating the taking the vote on the new Constitution, and other matters relating to that instrument. Because a previous Legislature had passed a foolish law to give only $1,50 per day to members, after the lirst six veeka sitting, it was no reason why wo should pay our Clerks an unjust compensation. Mr. Hosbrook was opposed to the humbug motioned as much as any man. Wo all knew In-fore we became candidates how much we were to receive, and could not complain. Those who work for us, however, should receive no more than we do. What was good wages for us should be good for our Clerks, and, if they wen not satisfied 1st them go, for whole platloons could be found who would gladly'take their places. If a neighbor of his visited him, he must partake of the same fare as he did ; if not he couid go his way. He hoped thc amendment would not be adopted. Mr. Davis of Scott said that the Clerks towards tl e latter part of the session worked day and night, and should receive a fair eompensatiou for their services. Mr. Chapman was here at tbc time the law reducing the pay of members was passed. He had been here, as an observer of the doings of the Legislature neTi)T every winter sine , and similar resolutions to the ajjaj Continued on the fourth Pagt.

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