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Sec. 4. The General Assembly shall have no power to pass laws to diminish the resources of the Sinking Fund, as now established by law, but may pass laws to increase it.
The sections above reported were read the first time, and passed to a second reading.
Mr. Owen gave notice that he would on to-morrow move to amend the rules, so that any proposed section or article of the new Constitution, may be ordered to be printed on the first reading.
The resolution submitted by Mr. Kilgore on yesterday, on the subject of the size of counties, was taken up.
Mr. Lockhart offered the following amendment:
Amend so as to leave the size of the counties to be regulated by the Legislature.
On motion of Mr. Kent, The resolution and pending amendment was laid upon the table. Mr. Maguire submitted the following resolution:
Resolved, That the committee on the State debt and public works be directed to inquire into the propriety of inserting in the new Constitution, a clause providing that the proceeds of the State's interest in any of the public works shall be devoted to the payment of the principal of the public debt; and also, that any surplus in the Treasury, at any time hereafter, arising from taxes for general State purposes, shall be set apart for the same purpose.
Mr. Kilgore moved to amend as follows:
Strike out the words “payment of the principal of the public debt," and insert the words "support of common schouls.”
Which was decided in the negative.
Which lies over one day under the rule.
Resolved, that the committee on the elective franchise be instructed to inquire into the expediency of separately submitting the question of negro suffrage to the people.
Mr. Berry submitted the following amendment :
Strike out from the word "resolved,” and insert, “That the committee on the elective franchise, &c., be instructed to report a pro
vision for the amended Constitution, providing that negroes and
On motion of Mr. Pettit,
MONDAY MORNING, OCTOBER 28, 1850.
The Convention met.
Prayer by the Rev. Mr. Babb.
Mr. Hitt presented a memorial from the executive committee of the Colonization Society of Indiana on the subject of colonization of men of color;
Which was referred to the committee on the rights and privileges of the inhabitants of this State.
Mr. Borden presented a petition from the colored people of Allen county upon the subject of negro suffrage; which,
On motion of Mr. Edmonston, Was laid on the table.
Mr. Borden presented a petition from the Northeastern Baptist Association, in the county of Steuben, on the subject and in favor of negro suffrage;
Which was laid on the table by consent.
The Chair announced the first thing in order to be the resolution submitted by Mr. Colfax, with the amendment by Mr. Berry, pending at the adjournment on the 26th inst.; when
Mr. Kilgore moved to lay the amendment upon the table;
Add the words—“under such restrictions and qualifications, however, as they may deem necessary.”
Mr. Kent moved the previous question;
The question being upon the amendment to the amendment,
Those who voted in the negative were,
So the amendment was not adopted.
Those who voted in the affirmative were, Messrs. Anthony, Bascom, Beach, Beard, Beeson, Biddle, Borden, Bracken, Bright, Bryant, Carr, Chandler, Chapman, Chenowith, Clark of Hamilton, Cole, Colfax, Crumbacker, Davis of Madison, Foley, Garvin, Gordon, Graham of Miami, Hamilton, Harbolt, Hawkins, Helm, Hitt, Howe, Johnson, Kent, Kilgore, Kinley, Maguire, March, Mather, May, McClelland, McFarland, Miller of Fulton, Milroy, Morgan, Mowrer, Murray, Niles, Owen, Pepper of Ohio, Pettit, Read of Monroe, Ristine, Robinson, Smith of Ripley, Smith of Scott, Steele, Taylor, Trembly, Watts, Wheeler, Work, and Mr. President -60.
Those who voted in the negative were,
Messrs. Alexander, Barbour, Berry, Blythe, Bourne, Bowers, But
ler, Clark of Tippecanoe, Coats, Cookerly, Davis of Vermillion, Dick, Dobson, Dunn of Perry, Edmonston, Farrow, Fisher, Frisbie, Gibson, Gootee, Graham of Warrick, Haddon, Hall, Holliday, Helmer, Hogin, Hovey, Huff, Kelso, Kendall of Wabash, Kendall of White, Lockhart, Logan, Mathis, McLean, Miller of Clinton, Miller of Gibson, Moore, Morrison of Marion, Morrison of Washington, Newman, Pepper of Crawford, Prather, Read of Clark, Schoonover, Shannon, Sherrod, Shoup, Smiley, Snook, Spann, Stevenson, Tague, Tannehill, Terry, Thomas, Thornton, Walpole, Wiley, Wolfe, Yocum, and Zenor82.
So the resolution was not adopted.
On motion of Mr. Edmonston, The resolution submitted by him on the 26th instant, on the subject of negroes giving testimony, was taken up, and referred to the committee on the rights and privileges of the inhabitants of this State.
Mr. Read of Monroe submitted the following resolution:
Resolved, That the rules of the Convention be so amended, that the minority of a committee may report, without argument, articles or sections for the new Constitution expressing the views of such minority.
Which lies over one day under the rale.
Resolviu, That hereafter all sections of the amended Constitution, reported from the standing committees, be printed on their first reading.
Which was adopted by consent.
Resolved, That the committee on currency and banking inquire into the expediency of reporting a provision in the new Constitution, embracing the following propositions.
1st. That the Legislature be prohibited from passing any law granting any special charter to any person, persons, or corporation, for the purpose or with the power to issue bills of credit, notes for general circulation as a currency, or for any banking purpose whatever.
2d. Corporations may be formed under general laws. All laws governing or regulating corporations, or granting any rights or franchise, or taking any privileges which the people may wish to reclaim, may be altered, amended, or repealed by the Legislature. The officers and stockholders of any bank, banking association or corporation, shall be individually liable for all debts, notes, issues and obligations to pay money, incurred by said bank, association or corporation, during the time of the service of said officer, or while any such person was or may be a stockholder.
3d. The Legislature shall pass no law authorizing or sanctioning the mospension of specie payments, by any person, association or corporation.
4th. The Legislature shall restrict all persons, associations or corporations from issuing any bills or notes to circulate as money, until such person, association or corporation shall have first given ample security, to be deposited with a proper officer of State, either in gold, or silver, or in State oa United States stocks or bonds, such stocks and bonds to bear and pay full and legal rates of interest, and the amount of said stocks or bonds to be fully equal to the amount of bills or notes to be issued and circulated by said person, association or corporation. It shall not be lawful for any person, Association or corporation to issue or put in circulation, as money, any bill, bills or notes, without the same have been regularly registered by the proper officer of State, and he, the said officer, shall have re-numbered and countersigned all bills or notes thus to be issued, or to be put in circulation.
5th. In the event of insolvency or suspension of any bank or banking association, the bill holders thereof, shall be entitled to preference of payment, over all other creditors of such bank or association.
6th. The Legislature shall provide by law, that no transfer of the property, assets or obligations of the creditors of such person, association or corporation shall be transferred to preferred creditors, or to any other person or persons, whereby the property, means and assets of said bank, shall be diverted from the payment of the notes, bills, issues and obligations of said person, association or corporation.
7th. The Legislature shall provide for the creation and existence of such necessary supervisory power on the part of the State as will insure a knowledge of the proceedings and condition of all banking institutions which may be organized under the laws of the State, and shall retain such control, through a State directory, as may be essential to the safety of the people.
8th. The rights, privileges, powers and franchises of the existing State Bank of Indiana to be continued until the expiration of its charter, without extension or diminution.
Mr. Morrison of Marion moved that said resolution be laid on the table, and 450 copios printed, for the use of the Convention;
Which was decided in the affimative,
Resolved, That the committee on the organization of courts of justice be instructed to inquire into the expediency of engrafting in the Constitution a provision creating a circuit probate court.
The question being taken on the adoption of the resolution,