Mr. Morrison of Marion moved to amend so as to make it a resolution of inquiry; Which was decided in the affirmative. And the resolution was then adopted by consent. On motion of Mr. Badger, The order of business was suspended to enable him to submit the following resolution: Resolved, That this Convention will take no paper for distribution at the public expense. Mr. Foster moved to strike out all from the resolving clause, and insert the following: "That the Secretary be directed to procure for the use of the members of this body, one copy each of the Indiana Journal, State Sentinel, Indiana Statesman, Locomotive, and Volksblatt." Mr. McClelland submitted the following as an amendment to the amendment: "Insert at the proper place at the individual expense of the members." Mr. Read of Clark moved to refer the whole subject to a select committee of one from each congressional district; Which was decided in the negative. Mr. Edmonston moved to lay the resolution and pending amendments on the table; and The ayes and noes being demanded by ten members; Those who voted in the affirmative were, Messrs. Alexander, Anthony, Ballingall, Barbour, Beach, Beard, Biddle, Borden, Bracken, Butler, Carter, Colfax, Crumbacker, Davis of Madison, Davis of Parke, Dick, Dunn of Perry, Edmonston, Garvin, Gootee, Haddon, Holliday, Hawkins, Hitt, Holman, Hovey, Johnson, Jones, Kelso, Kendall of Wabash, Kinley, Lockhart, Logan, March, May, Miller of Clinton, Miller of Fulton, Miller of Gibson, Milroy, Moore, Morgan, Morrison of Washington, Newman, Niles, Pepper of Crawford, Prather, Schoonover, Shannon, Smiley, Snook, Smith of Ripley, Spann, Steele, Tannehill, Taylor, Thomas, Trembly, Work, Wunderlich, and Yocum-60. Those who voted in the negative were, Messrs. Allen, Badger, Bascom, Berry, Bicknell, Blythe, Bourne, Bowers, Bryant, Carr, Chapman, Chenowith, Coats, Cookerly, Crawford, Davis of Vermillion, Dobson, Dunn of Jefferson, Duzan, Farrow, Fisher, Foley, Foster, Frisbie, Gibson, Graham of Miami, Graham of Warrick, Gregg, Hall, Harbolt, Hardin, Helmer, Hendricks, Hogin, Howe, Huff, Kent, Kendall of White, Maguire, Mather, Ma this, McClelland, McFarland, Mooney, Morrison of Marion, Nave, Nofsinger, Owen, Pepper of Ohio, Read of Clark, Ristine, Sherrod, Sims, Smith of Scott, Stevenson, Terry, Todd, Vanbenthusen, Watts, Wheeler, Wolfe, Zenor, and Mr. President-63. So the motion did not prevail. Mr. Taylor moved to lay the amendment and the amendment to the amendment on the table. Which was decided in the affirmative. Mr. Owen submitted the following amendment to the original resolution: Strike out from the resolving clause and insert, "That the Secretary of the Convention be authorized to ascertain from the editor of the Daily Journal and Tri-Weekly Sentinel, whether the Daily Journal will publish, in its daily issue, the entire Debates of the Convention, if paid for the same at the rate of twenty-five cents per thousand ems; the said Debates being thence copied, in whole or in part, into the Tri-Weekly Sentinel: Provided, That one copy of each paper be subscribed for for each member and officer of the Convention. And if he agree to the proposal, then the Secretary be authorized to make such arrangement." Mr. Berry moved the previous question. Which was seconded by the Convention. The question being, "Shall the main question be now put?" It was decided in the affirmative. The main question was then put, to-wit: "Shall the amendment of Mr. Owen be adopted?" And the ayes and noes being demanded by ten members, Those who voted in the affirmative were, Messrs. Alexander, Allen, Anthony, Ballingall, Barbour, Bascom, Beach, Beard, Biddle, Blythe, Bourne, Bowers, Bracken, Bryant, Butler, Carr, Chapman, Chenowith, Clark of Tippecanoe, Colfax, Cookerly, Crumbacker, Davis of Madison, Davis of Parke, Davis of Vermillion, Dick, Dobson, Dunn of Jefferson, Dunn of Perry, Edmonston, Fisher, Foley, Foster, Frisbie, Garvin, Gootee, Graham of Warrick, Gregg, Harbolt, Hawkins, Hendricks, Hitt, Hogin, Huff, Johnson, Jones, Kelso, Kent, Kendall of Wabash, Kendall of White, Kinley, Maguire, March, McFarland, Miller of Clinton, Miller of Fulton, Milroy, Mooney, Morgan, Morrison of Marion, Murray, Niles, Owen, Pepper of Ohio, Prather, Ristine, Smith of Ripley, Smith of Scott, Steele, Taylor, Terry, Thomas, Todd, Vanbenthusen, Wiley, and Mr. President-76. Those who voted in the negative were, Messrs. Badger, Berry, Bicknell, Borden, Carter, Coats, Crawford, Duzan, Farrow, Gibson, Graham of Miami, Haddon, Hall, Holliday, Hardin, Helmer, Holman, Hovey, Howe, Lockhart, Logan, Mather, Mathis, May, McClelland, Miller of Gibson, Moore, Morrison of Washington, Nave, Newman, Nofsinger, Pepper of Crawford, Read of Clark, Schoonover, Shannon, Sherrod, Sims, Smiley, Snook, Spann, Stevenson, Tannehill,Trembley, Watts, Wheeler, Wolfe, Wunderlich, Yocum, and Zenor-49. So the amendment was adopted. The question then being on the adoption of the resolution as amended, and The ayes and noes were demanded by ten members. Those who voted in the affirmative were, Messrs. Alexander, Allen, Anthony, Ballingall, Barbour, Bascom, Beach, Beard, Biddle, Blythe, Bourne, Bowers, Bracken, Bryant, Butler, Carr, Chapman, Chenowith, Clark of Tippecanoe, Colfax, Cookerly, Crumbacker, Davis of Madison, Davis of Parke, Dick, Dobson, Dunn of Jefferson, Dunn of Perry, Foley, Foster, Frisbie, Garvin, Graham of Warrick, Gregg, Harbolt, Hawkins, Hendricks, Hitt, Hogin, Huff, Johnson, Jones, Kelso, Kent, Kendall of Wabash, Kinley, Maguire, March, McFarland, Miller of Clinton, Miller of Fulton, Milroy, Mooney, Morgan, Morrison of Marion, Murray, Niles, Owen, Pepper of Ohio, Ristine, Smith of Ripley, Smith of Scott, Steele, Taylor, Terry, Thomas, Todd, Vanbenthusen, and Mr. President.-69. Those who voted in the negative were, Messrs. Badger, Berry, Bicknell, Borden, Carter, Coats, Crawford, Davis of Vermillion, Duzan, Edmonston, Farrow, Fisher, Gibson, Gootee, Graham of Miami, Haddon, Hall, Holliday, Hardin, Helmer, Holman, Hovey, Howe, Lockhart, Logan, Mather, Mathis, May, McClelland, Moore, Morrison of Washington, Nave, Newman, Nofsinger, Pepper of Crawford, Prather, Read of Clark, Schoonover, Shannon, Sherrod, Sims, Smiley, Snook, Spann, Stevenson, Tannehill, Trembly, Watts, Wheeler, Wiley, Wolfe, Work, Wunderlich, Yocum, and Zenor-55. So the resolution as amended was adopted. Mr. Maguire submitted the following resolution: Resolved, That the Printer to this Convention be directed to print copies of the proceedings and debates of this Convention. Pending which, Mr. Wiley moved that the Convention adjourn until Monday morning 9 o'clock. Which was decided in the affirmative. MONDAY MORNING, OCTOBER 21, 1850. The Convention met. Prayer by the Rev. Dr. Camp. Journal of Saturday was read. On motion of Mr. Kelso, The order of business was suspended to enable him to submit the following resolution: Resolved, That a record of the proceedings of this Convention shall be kept in the following manner, to-wit: All that class of legislative matter usually contained in the Journals of the Legislature shall be journalized under the direction of the Principal Secretary. He shall prepare, or cause to be prepared, an index to said Journal; and, if the printing of said Journal be ordered, he shall superintend the same. He shall also prepare, or cause to be prepared, a manuscript copy, to be deposited by the President and Secretary, in the office of the Secretary of State, in pursuance of the 14th section of the act, entitled "An act to provide for the call of a Convention of the people of the State of Indiana to revise, amend, or alter the Constitution of said State." There shall also be kept a" Journal of Debates," under the direction of the Stenographer; but said Journal of Debates shall not contain that class of matter usually embraced in legislative journals further than may be actually necessary to identify and give a correct understanding of the subject matter under discussion. The question being put upon the adoption of said resolution, Mr. Kelso, chairman of the committee on elections, submitted the following report, to-wit: MR. PRESIDENT: The committee on elections, to whom was referred the documentary and other evidence in the case of the contested right of Benjamin F. Brookbank to occupy a seat in this Convention as the representative delegate from the county of Union, now report, that they have given to the subject that careful attention which they deem its importance demands. Your committee find much confusion and some contradiction in the testimony, and the whole taken together is, to a great extent, unsatisfactory and uncertain. By the tabular statement made out by the board of canvassers, (including the poll of Harrison township,) Mr. Brookbank, the contestee is shown to have a majority of two votes, in consequence of which he has received the certificate required by law from the Clerk of the Union Circuit Court. Mr. Osborn claims to be the legally elected delegate from Union county, and in justification of such claim alleges that a large number of votes were counted and allowed to Benjamin F. Brookbank illegally and improperly, a number of sufficient magnitude to change the result of said election and entitle him (Mr. Osborn) to the seat as such delegate instead of Mr. Brookbank, the present incumbent. By the evidence furnished by the parties, your committee learn that on the count made by the board of canvassers from the reports of the inspectors and judges of the several polls in Union county, Mr. Brookbank had 605 votes and Mr. Osborn had 603 votes. It further appears by sworn depositions in the cause introduced on the part of Mr. Osborn, that after the polls had been all counted and returned, and the decision of the board of canvassers made, say the Thursday or Friday following the election, or perhaps still later, the several inspectors who had presided at the polls of the different townships or precincts were requested to and did examine and recount the votes or tickets, and by that last mentioned count Mr. Brookbank claims two votes of an increase, making his majority to be 4 votes instead of two. It further appears by the testimony that at the polls where Mr. Brookbank gains his two votes there is found by the last count to be more ballots in the box than there are names recorded on the poll-books, by two at one poll and by one at another, which is in no satisfactory manner accounted for; under that state of the case your committee are unwilling to allow the increase claimed by Mr. Brookbank of two votes. It further appears that on counting the ballots several tickets were disputed, some for Brookbank and some for Osborn, but the witnesses do not prove whether these ballots were or were not counted at the time. Some of them say they think the vote was counted, or they think it was not counted, no one swears positively to the fact. It further appears that there was counted and allowed to Mr. Brookbank votes of the following character, to-wit: For Brookbank-F. Brookbank-Franklin Brookbank-Frank Brookbank-and Francis. Brookbank-1 vote for Franklin B. Brook. bank, and 1 for J. Brookbank. It is also in proof that no other man by the name of Brookbank was a candidate at that election for any office, except Benjamin F. Brookbank, (the present contestee,) and that there was at that time but one family of the name of Brookbank residing in the county of Union, composed of the following male members, to-wit: Thomas Brookbank, the father of the contestee named Benjamin F. Brook |