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Resolvea, i hat the committee on legislation be instructed to inquire into the expediency of adopting that part of our present Constitution, which refers to negroes, mulattoes and Indians, as a part of the Constitution that we are about to form, and of excluding any thing and every thing else upon the subject, either for or against said negroes, mulattoes and Indians from the new Constitution; and of leaving in the hands of the people the power to legislate upon the subject as it now is, in order that the Legislature may, from time to time, pass such laws to govern the matter, as it may deem right and expedient.

The question being taken on the adoption of the resolution,
It was decided in the negative.

Mr. Tague submitted the following resolution:

Resolved, That the committeeon education be instructed to inquire into the expediency of amending the Constitution, so that there shall, hereafter, be no charter granted for banking purposes, or internal improvements by the General Assembly, unless said charter shall provide for a reasonable proportion of the net proceeds of such corporation, to be set apart for common school purposes.

The question being taken on the adoption of the resolution, It was decided in the affimative.

Mr. Read of Clark submitted the following resolution :

Resolved, That the committee on the practice of law and law reform be instructed to enquire into the expediency of making the judges of the Supreme Court elective by the people for a term of six years, and re-eligible without limitation as to age. After the first election the judges to be divided into three classes, the seats of the first class to be vacated at the end of two years, the seats of the second class to be vacated at the end of four years, and the seats of the third class to be vacated at the end of six years.

The question being taken on the adoption of the resolution, It was decided in the negative.

Mr. Smiley submitted the following resolution:

Resolved, That the committee on the elective franchise and apportionment of representation inquire into the expediency of engrafting a provision in the amended Constitution requiring the Legislature to enact a law providing to try contested elections of members of the Legislature before some constituted tribunal of the proper county, in time to secure to the rightful member his seat at the commencement of the session to which he may be elected.

The question being taken on the adoption of the resolution,
It was decided in the affirmative.

Mr. Milroy submitted the following resolution:

Resolved, That the committee on the militia be instructed to in

quire into the expediency of abolishing our present militia system and of substituting in its stead a volunteer military system, which shall provide that there may be one and not more than three volunteer independent companies in any one county, and to provide for the formation of said companies into regiments, brigades, and divisions, and for the proper officering of, and drawing arms for the same, and that to foster the maintenance of said system and encourage the formation of such companies it shall provide that the members of said companies shall be exempt from working on roads, from poll tax, and have such other immunities as the Legislature may deem expedient: Provided, That no person shall be a noncommissioned officer or private in said companies who is over fortyfive years of age.

Which resolution was adopted.

Mr. Pepper of Crawford, submitted the following resolution :

Resolved, That no separate and distinct propositions shall be submitted by this Convention as proposed amendments to the Consti tution to be voted upon by the legal voters of the State; but the amended Constitution as a whole shall be submitted to the people for their acceptance or rejection;

Which lies over one day under the rule.

Mr. Owen submitted the following resolution:

Resolved, That the sections of the amended Constitution heretofore reported to this Convention from standing committees be printed. The question being taken on the adoption of the resolution, It was decided in the affirmative.

Mr. Robinson submitted the following resolution:

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Resolved, That the committee on matters pertaining to criminal law be, and they are hereby instructed to report to the Convention a section to be incorporated in the new Constitution as follows: SECTION That no person shall be put to answer any criminal charge of a capital character, nor any criminal charge the punishment whereof is or may be confinement in the State Prison or county gaol, but by presentment or indictment by a grand jury: Provided however, That the grand jury shall have no power to present or indict any person for any crime or petit misdemeanor below the grade above referred to; but the same shall be punished in such way and manner as the Legislature may prescribe.

Which was laid over one day under the rule.

Mr. Gibson submitted the following resolution:

Resolved, That the committee on criminal law be instructed to inquire into the expediency of restraining within proper limits the right of criminals to a change of venue from the county in which the offence was committed, and that they report such restrictions as they may deem necessary.

The question being taken on the adoption of the resolution,
It was decided in the negative.

Mr. Terry submitted the following resolution:

Resolved, That the committee on the organization of courts of justice be instructed to inquire into the expediency of inserting into the Constitution a provision that no person shall be held to answer any criminal or other infamous crime unless on presentment, indictment, or impeachment.

The question being taken on the adoption of the resolution,
It was decided in the negative.

Mr. Lockhart submitted the following resolution:

Resolved, That the Warden of the State Prison be requested to furnish this Convention with a list of the number of persons confined in the State Prison since the organization of the State government, the crime for which each was convicted, the number of years each prisoner was sentenced to confinement in said prison, the length of time each prisoner remained in prison; whether any such prisoner was pardoned, and if so, how soon after his or her term of servitude commenced, and the age of each convict.

Which was adopted by consent.

Mr. Barbour submitted the following resolution:

Resolved, That the committee on the executive be instructed to inquire into the expediency of incorporating into the Constitution a provision, making it the duty of the Governor to appoint the Secretaries, Clerks, Sergeant-at-Arms, and Door-keepers of the Senate and House of Representatives.

Mr. Bascom moved to amend as follows:

Add the words-" and the members of the House and Senate;" Which was decided in the negative.

The question recurring on the adoption of the resolution,

It was decided in the negative.

Mr. Beeson gave notice that he would, to-morrow, move to amend the standing rule, No. 17, of this Convention, as follows:

"And no member shall be at liberty to speak more than half an hour on any one question at one time."

Mr. Johnson submitted the following resolution:

Resolved, That the first meeting of the General Assembly under the amended Constitution shall be on the first Monday of January, in the year of our Lord one thousand eight hundred and fifty-three; which shall be the commencement of the biennial sessions.

Which was laid over one day under the rule.

Mr Kilgore submitted the following resolution:

Resolved, That the services of a Sergent-at-Arms for this body be dispensed with after this day.

Which lies over one day under the rule.

On motion of Mr. Edmonston,

The Convention adjourned until to-morrow morning 9 o'clock.

TUESDAY MORNING, OCTOBER 29, 1850.

The Convention met.

Prayer by the Rev. Mr. Myers.

Journal of yesterday was read.

Mr. Owen, chairman of the committee on the rights and privileges of the inhabitants of this State, submitted the following report:

MR. PRESIDENT:

The committee on the rights and privileges of the inhabitants of this State, to whom was referred a resolution of enquiry into the expediency of restricting the legislature from authorizing, by special enactment, the sale of the estate of minor heirs, have had that subject under consideration, and are of the opinion that it does not properly come within the jurisdiction of the committee.

They have therefore instructed me to report the said resolution back with a recommendation that it be referred to the committee on special and local legislation and uniformity of laws.

And they ask to be discharged from the further consideration of the subject.

Which was concurred in, and the resolution referred to the committee on special and local legislation, &c.

Mr. Owen, from the committee on the rights and priviliges, &c., submitted the following report:

Mr. PRESIDENT:

The committee on the rights and privileges of the inhabitants of this State, to whom were referred certain resolutions on the subject of homestaed exemption and of the rights of property of married women, have had these subjects under consideration and have in

structed me to report three sections to be incorporated in the bill of rights of the amended Constitution.

They have also instructed me to report back the resolutions referred to them in regard to the rights to property of married women, and to recommend that they lie on the table. Also, to report back a resolution in favor of securing, by a declaration in the bill of rights, to the head of each family in the State of Indiana, a homestead exemption, for such action thereon as to the Convention may seem proper.

And they ask to be discharged from the further consideration of these subjects.

NUMBER IV.

SECTION 1. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale, for the payment of any debt or liability hereafter contracted.

[The above section to follow that on the subject of imprisonment for debt.]

SEC. 2. Women hereafter married in this State shall have the right to acquire and possess property to their sole use and disposal: and laws shall be passed securing to them, under equitable conditions, all property, real and personal, whether owned by them before marriage, or acquired afterwards, by purchase, gift, devise, descent, or in any other way, and also providing for the registration of the wife's separate property.

SEC 3. Laws shall be passed securing to women now married, the right to all property hereafter to be acquired by them, in every case in which such married women, in conjunction with their busbands, shall file for record, in the recorder's office of the county in which they reside, a declaration, dnly attested, expressing the desire of the parties to come under the provision of such law.

Which report was concurred in,

And the sections reported, were read the first time, and passed to a second reading.

On motion of Mr. Murray,

The resolution reported back by the committee on the subject of homestead exemption, was referred to a select committee of one from each congressional district.

The Chair appointed the following gentlemen said committee:

10th dist. Mr. Murray, 1st dist. Mr. Hovey, 2d dist. Mr. Prather, 3d dist. Mr. Bracken, 4th dist. Mr. Beeson, 5th dist. Mr. Chapman, 6th dist. Mr. Dick, 7th dist. Mr. Chenowith, 8th dist. Mr. Ristine, 9th dist. Mr. Colfax.

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