Mr. Milroy submitted the following resolution: Resolved, That the committee on State debt and public works be instructed to inquire into the expediency of inserting a provision in the Constitution prohibiting the Legislature from engaging the State in the construction of any internal improvement or public work, without first obtaining the consent of a majority of the votes of the State at a general election, by a vote upon propositions distinctly stating the nature of the internal improvement or public work proposed, its probable cost, its utility or public benefit when completed, and how it is to be paid for, whether by taxation or otherwise : Provided, That this provision shall not interfere with the right of the State to construct or repair the State House, Penitentiary, or buildings for scientific or beneficiary purposes; The question being taken on the adoption of the resolution, Mr. Read of Clark submitted the following resolution: Resolved, That committee No. 3, on the executive, be directed to inquire into the expediency of inserting an article in the Constitution giving the Legislature the power to declare the inability of the Governor, or of the person administering the duties of the office of Governor, by a vote of four-fifths of all the members elected to each House; and for this purpose the Supreme Court may convene the Legislature; The question being taken upon the adoption of said resolution, It was decided in the negative. Mr. Morrison of Washington submitted the following resolution: Resolved, That the committee on education be instructed to inquire into the expediency of engrafting a provision in the amended Constitution requiring that all lands, the titles to which shall fail from a deficit of heirs, shall escheat to the State, and the interest on the clear profits from the sales thereof shall be appropriated, exclusively, to the support of common schools; The question being on the adoption thereof, Mr. Hardin submitted the following resolution: Resolved, That the committee on the executive be instructed to inquire into the expediency of providing in the Constitution, that whenever the Governor shall convene the Legislature, he shall state specifically, in his proclamation, the subjects to be considered, and no other subjects shall be taken into consideration at such special session; And the question being taken on the adoption thereof, It was decided in the negative. Mr. Bascom submitted the following resolution: Resolved, That the committee on elective franchise and appor tionment of representation be instructed to inquire into the expediency of giving to each county at least one Representative to the State Legislature; The question being taken on the adoption of the resolution, Mr. Kelso submitted the following resolution: Resolved, That the committee on salaries, compensation, and tenure of office, be instructed to inquire into the expediency and propriety of fixing, by constitutional provision, a minimum salary for the Judges of the Supreme Court and the President Judges of the Circuit Courts, below which the same shall at no time be reduced; The question being taken on the adoption of the resolution, On motion of Mr. Foley, The resolutions submitted by him on the 12th inst. were taken from the table, and amended so as to make them resolutions of inquiry only, and referred as follows: Nos. 1, 4 and 8 to the committee on the Legislative department. No. 7 to the committee on the organization of courts, &c. On motion of Mr. Moore, The resolutions submitted by him on the 10th inst. were taken from the table and amended so as to make them resolutions of inquiry only, and disposed of as follows: Resolution No. I was referred to the committee on the rights and privileges of the inhabitants of this State. Mr. Miller of Gibson, moved to lay resolution No. 2 on the table; Which was decided in the affirmative. Mr. McClelland moved to amend resolution No. 3 by striking out the words "four years," and inserting "three years;" Which was decided in the negative. Mr. Kelso moved to lay said resolution on the table; Which was decided in the negative. Said resolution was then, On motion of Mr. Moore, Referred to the committee on salaries, compensation, and tenure of office. Resolution No. 4 was referred to the committee last above mentioned, on motion of Mr. Moore. Resolution No. 5 was referred to the committee on the practice of law and law reform. Mr. Kilgore moved to strike out of resolution No. 6 the words "liquidation of State Debt," and insert "support of Common Schools;" Which was decided in the negative. On motion of Mr. Moore, Said resolution was referred to the committee on the State debt and public works. On motion of Mr. Pettit, Resolution No. 7 was laid upon the table. Resolutions 8 and 9 were, On motion of Mr. Moore, Referred to the committee on the elective franchise, &c. On motion of Mr. Moore, Resolution No. 10 was referred to the committee on county and township organization. Mr. Mowrer moved to adjourn; Which was decided in the negative. Mr. Bright submitted the following resolution: Resolved, That for the purpose of furnishing the information required by this Convention of the Secretary of State, he be authorized to employ a Clerk temporarily until such information can be obtained. Mr. Kilgore moved to strike out the words " employ a clerk," and insert the words "call on the Principal Secretary of this Convention for the aid of one of his Assistants;" Which was decided in the affirmative. And the resolution as amended was then adopted. Mr. Lockhart moved to reconsider the vote taken this day on the adoption of the resolution calling on the Secretary of State for certain information; Which motion was decided in the negative. Mr. Smith of Ripley, submitted the following resolution : Resolved, That the committee on the organization of courts, &c., be instructed to inquire into the expediency of constituting a Probate Court in and for each county, with one Judge, who shall be his own clerk. Mr. Holman offered the following amendment: "That the committee on the organization of courts of justice be instructed to inquire into the expediency of reporting a clause embracing the following principles, to-wit: "1. There shall be elected in each county, by the qualified voters thereof, a Surrogate, who shall hold his office for three years, and until his successor is elected and qualified; he shall have exclusive jurisdiction in all matters pertaining to the probate of wills, the granting of letters testamentary, of administration, and of guardianship, and in the settlement of decedents' estates, and concurrent jurisdiction with the Circuit Court in all cases in which executors, administrators, guardians, and heirs as such are parties, and shall have such other powers, and exercise such other jurisdiction as the Legislature may by law direct. "2. The Surrogate shall be his own clerk, and shall hold a Court at least six times in each year for the trial of causes pending therein, and for the settlement of decedents' estates." Which amendment was accepted by Mr. Smith. The resolution, as amended, was then adopted. On motion of Mr. Taylor, The Convention adjourned until to-morrow morning 9 o'clock. SATURDAY MORNING, OCTOBER 26th, 1850. Convention met. Prayer by the Rev. Mr. Mills. Journal of yesterday was read. On motion, Leave of absence was granted the following members, to-wit: Messrs. Holman, Kinley, Badger, Ritchey, Duzan, and Allen. Mr. Owen, from the committee on the rights and privileges of the inhabitants of this State, made the following report: MR. PRESIDENT: The committee on the rights and privileges of the inhabitants of this State, to whom were referred sundry resolutions and memorials on the subject of imprisonment for debt; on the retention of the right of trial by jury; on the taking of private property for public use without compensation first made; and on the propriety of prohibiting negroes and mulattoes from settling hereafter in this State, have had these subjects under consideration, and have instructed me to report the result of their deliberations in four sections, herewith submitted, to be incorporated in their proper places in the amended Constitution. The resolutions and memorials are herewith reported back to the Convention, with a recommendation that they be laid on the table. And the committee ask to be discharged from the further consideration of these subjects. NUMBER 2. SEC. 1. There shall not be imprisonment for debt, except in case of strong presumption of fraud. SEC. 2. In all civil cases where the amount in controversy shall exceed the sum of twenty dollars, and in all criminal whatever, the right of trial by jury shall remain inviolate. SEC. 3. No man's personal services shall be demanded without just compensation. No man's property shall be taken by law, without just compensation, first assessed by a jury of freeholders and tendered to the owner, by the person to be benefitted-but such tender, if rejected, shall not bar the right of appeal. SEC. 4. The General Assembly, at the first session under the amended Constitution, shall pass laws prohibiting Negroes and Mulattoes from coming into or settling in this State; and prohibiting any negro or mulatto from purchasing or otherwise acquiring real estate hereafter. Which report was concurred in, and the sections reported by the committee read the first time, and passed to a second reading. Mr. Hall, from the committee on State debt and public works, made the following report: MR. PRESIDENT : The standing committee on that branch of the Constitution which relates to the State debt and public works, have directed me to report the following article, which is asked to be incorporated in the new Constitution, to-wit: NUMBER 8. SEC. 1. The credit of this State shall never be given or loaned in aid of any person, association ar corporation. SEC. 2. The General Assembly may contract debts to meet casual deficits or failures in the revenue, for the purpose of paying the interest on the State debt; but such debt shall not, at any time, exceed one hundred thousand dollars: Provided, That the State may contract debts to repel invasion, suppress insurrection, or if hostilities are threatened, provide for public defence. SEC. 3. No act of the General Assembly shall authorize any debt to be contracted on behalf of this State, except for the purposes mentioned in the second section of this article, unless provision be made therein to levy and collect an annual tax, sufficient in amount to pay the interest thereon, and to discharge the debt within twenty five years; nor shall such act take effect until it shall have been submitted to the people at a general election, and shall have received a majority of all the votes cast for or against it. |