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When Mr. Chapman moved to amend the amendment as follows: Strike out all after the word "Provided," and insert the words, "That no person shall be eligible to the office of Treasurer more than two years in any term of four years, nor for the office of Auditor more than four years in any term of six years."

Which was decided in the negative.

The question then recurring on the amendment,
The ayes and noes being demanded by ten members.

Those who voted in the affirmative were,

Messrs. Alexander, Berry, Bourne, Bowers, Bryant, Butler, Carr, Clark of Hamilton, Cookerly, Crawford, Dunn of Jefferson, Dunn of Perry, Edmonston, Farrow, Foster, Gibson, Gregg, Hall, Harbolt, Helmer, Hitt, Hogin, Howe, Logan, Miller of Clinton, Miller of Gibson, Milroy, Mooney, Morgan, Morrison of Marion, Morrison of Washington, Nave, Nofsinger, Pettit, Ristine, Robinson, Schoonover, Shoup, Steele, Terry, Watts, and Mr. President-42.

Those who voted in the negative were,

Messrs. Anthony, Badger, Ballingall, Barbour, Bascom, Beach, Beard, Beeson, Bicknell, Biddle, Blythe, Borden, Carter, Chandler, Chapman, Chenowith, Clark of Tippecanoe, Cole, Colfax, Crumbacker, Davis of Parke, Dick, Dobson, Duzan, Fisher, Foley, Frisbie, Garvin, Gootee, Gordon, Graham of Miami, Graham of Warrick, Haddon, Holliday, Hamilton, Hardin, Hawkins, Hendricks, Holman, Hovey, Huff, Johnson, Jones, Kent, Kendall of Wabash, Kendall of White, Kilgore, Kinley, Lockhart, Maguire, March, Mather, Mathis, May, McClelland, McFarland, McLean, Miller of Fulton, Moore, Mowrer, Murray, Newman, Niles, Owen, Pepper of Crawford, Prather, Rariden, Read of Clark, Read of Monroe, Shannon, Sherrod, Sims, Smiley, Snook, Smith of Ripley, Smith of Scott, Spann, Tague, Tannehill, Thomas, Thornton, Todd, Trembly, Vanbenthusen, Walpole, Wheeler, Wiley, Wolfe, Work, Wunderlich, Yocum, and Zenor-92.

So the amendment was not adopted.

Mr. Dunn of Jefferson, moved to amend as follows:

Strike out all between the word "law," in the 3d line, and the word "provided," in the 4th line, and insert the following

"The Auditor shall hold his office for four years, and until his successor is elected and qualified. The Treasurer for two years, and until his successor is elected and qualified."

Mr. Lockhart moved to amend the amendment as follows: Strike out all after the word "law," in the 2 line, and insert— "The Auditor shall hold his office for four years, and until his

successor shall be elected and qualified. The Treasurer for two years, and until his successor is elected and qualified.”

Mr. Thornton moved to recommit the article under consideration to the same standing committee which reported it, with instructions so to amend the said article as to provide that the Treasurer of State shall serve for one year, the Secretary of State for two years, and the Auditor for four years, to be re-eligible for a second term and no longer.

Mr. Hardin moved to lay the amendment and the amendment to the amendment, together with the motion to recommit and instructions on the table.

Which was decided in the negative.

The question then being taken upon the recommitting of the sections,

It was decided in the negative.

Mr. Bascom moved to lay the amendment, and the amendment to the amendment on the table.

Which was decided in the affirmative.

Mr. Borden moved to amend as follows:

Strike out the word "or," in the 5th line, and insert the words "more than two years in any term of four years, and no person shall be eligible to the office of."

Mr. Miller of Gibson, moved to lay the amendment on the table, Which was decided in the negative.

Mr. Hovey moved to amend the amendment as follows:

Strike out all after the word "provided."

Mr. Kent moved to lay the amendment to the amendment on the table,

Which was decided in the affirmative;

The question being on the adoption of the amendment of Mr. Borden,

The ayes and noes being demanded by ten members:

Those who voted in the affirmative were,

Messrs. Alexander, Anthony, Badger, Ballingall, Bascom, Borden, Bowers, Butler, Chapman, Clark of Hamilton, Colfax, Cookerly, Crawford, Crumbacker, Dick, Dobson, Dunn of Perry, Edmonston, Foley, Gordon, Graham of Miami, Graham of Warrick, Gregg, Hall, Holliday, Hamilton, Hawkins, Hendricks, Huff, Johnson, Kent, Kendall of Wabash, Kendall of White, Kilgore, March, Mather, McClelland, McFarland, Mowrer, Murray, Newman, Owen, Ristine, Sherrod, Smiley, Spann, Tague, Watts, Wiley, Work, and Wunderlich

51.

Those who voted in the negative were,

Messrs. Barbour, Beach, Beard, Beeson, Berry, Bicknell, Biddle, Blythe, Bourne, Bryant, Carr, Carter, Chandler, Chenowith, Clark of

Tippecanoe, Cole, Davis of Madison, Davis of Parke, Dunn of Jefferson, Duzan, Farrow, Fisher, Foster, Frisbie, Garvin, Gibson, Haddon, Harbolt, Hardin, Helmer, Hitt, Hogin, Holman, Hovey, Howe, Jones, Kinley, Lockhart, Logan, Maguire, Mathis, May, McLean, Miller of Fulton, Miller of Gibson, Milroy, Mooney, Moore, Morgan, Morrison of Washington, Nave, Nofsinger, Pettit, Pepper of Crawford, Prather, Rariden, Read of Clark, Read of Monroe, Robinson, Schoonover, Shannon, Shoup, Sims, Snook, Smith of Ripley, Smith of Scott, Steele, Tannehill, Terry, Thomas, Thornton, Todd, Trembly, Vanbenthusen, Walpole, Wheeler, Wolfe, Yocum, and Zenor-

79.

So the amendment was not adopted.

Mr. Rariden moved to amend as follows:
"Strike out the proviso."

Mr. Smith of Ripley moved to adjourn,
Which was decided in the negative.

Mr. Zenor moved to recommit the sections under consideration to the same committee that reported them, with instructions to amend so that the Auditor shall serve four years and the Treasurer two years, and be eligible to re-election for one term, and no more. Which was decided in the negative.

The question then being on the amendment of Mr. Rariden,
Mr. Smith of Ripley, moved to adjourn,
Which was decided in the affirmative.

SATURDAY MORNING, NOVEMBER 2, 1850.

The Convention met.

Prayer by the Rev. Mr. Isensee.

Journal of yesterday was read.

Mr. Owen, from the committee on the rights and privileges of the inhabitants of the State, made the following report:

MR. PRESIDENT:

The committee on the rights and privileges of the inhabitants of the State, to whom were referred Article first of the present Consti

tution, and the 7th section of the 11th article of the same; also a resolution relative to the rights of persons charged with a criminal offence, have had these subjects under consideration, and have instructed me to report certain sections herewith submitted, to compose part of Article first of the amended Constitution.

They have also instructed me to report back the resolution referred to, and they ask to be discharged from the further consideration of the subject embraced in the same.

NUMBER 20.

SECTION 1. No law shall be passed restraining the free interchange of thought and opinions, or restricting the right to speak, write, or print freely, on any subject whatever. But for the abuse of that right every person shall be responsible.

SEC. 2. In all prosecutions for libel, the truth of the matter alleged to be libellous may be given in in justification, and the jury shall have the right to determine the law and the facts.

Sao. 3. All courts shall be open, and every person, for injury done to him in his person, property, or reputation, shall have remedy by due course of law. Justice shall be administered freely and without purchase, completely and without denial, speedily and without delay.

SEC. 4. No person arrested or confined in jail shall be treated with unnecessary rigor. No person shall be put on trial on any criminal charge, without public opportunity first had to offer rebutting testimony, and repel the charge in its inception.

SEC. 5. In all criminal prosecutions the accused shall have public trial by an impartial jury of his peers, in the county in which the offence shall have been committed; he shall have the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof, to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor.

Sac. 6. No man shall be compelled to give evidence against himself. No man shall be put in jeopardy twice for the same offence.

SEC. 7. Offences other than capital, shall be bailable by sufficient sureties. Capital offences shall not be bailable when the proof is evident or the presumption great.

SEC. 8. The privilege of the writ of habeas corpus shall not be suspended, except in case of rebellion or invasion; and then only if public safety demand it.

SEO. 9. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishment shall not be inflicted. All penalties shall be proportioned to the nature of the offence.

SEC. 10. No ex post facto law, nor law impairing the obligation of contracts, shall be passed.

SEC. 11. No conviction shall work corruption of blood or forfeiture of estate.

SEC. 12. No law shall restrict the right of the people to bear arms, whether in defence of themselves or of the State.

SEC. 13. The military shall be kept in strict subordination to the civil power.

SEC. 14. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in manner to be prescribed by law.

SEC. 15. The Legislature shall bestow no title or nobility, nor confer any hereditary distinctions, nor grant extraordinary privileges.

SEC. 16. The Legislature shall not create any office, the tenure of which shall be longer than five years.

SEC. 17. Emigration from the State shall not be prohibited.

SEC. 18. There shall be neither slavery nor involuntary servitude within this State, otherwise than for punishment of crimes whereof the party shall have been duly convicted. No indenture of any negro or mulatto made and executed out of the bounds of this State shall be valid within the State.

Which report was concurred in,

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

Mr. Foster, from the committee on the elective franchise, submitted the following report:

MR. PRESIDENT:

The committee on the elective franchise and the apportionment of representation, to whom was referred the 2d section of the 3d article of the Constitution, and to whom also, was referred sundry resolutions upon the same subject, have had the same under consideration, and have instructed me to report the following sections, as amendments to the new Constitution, and recommend their adoption :

NUMBER 21.

SEC. 1. The Senate shall consist of thirty-four members, and the House of Representatives of one hundred, to be elected by the qualified electors of their respective counties, or by the districts into which the State may, from time to time, be divided.

SEC. 2. The General Assembly shall, every six years after the adoption of this Constitution, make an equitable distribution of the above named number of Senators and Representatives among the

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