several counties and districts: Provided always, That no county shal be divided for Senatorial or Representative purposes.

Which report was concurred in,

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

On motion,

Leave of absence was granted to Messrs. Davis of Parke, Carr, Morrison of Washington, Logan and Kelso.

Mr. Owen, in accordance with the notice given on yesterday, moved that the rules be so amended, that resolutions shall take precedence of the orders of the day on every Saturday.

Mr. Farrow moved to postpone the consideration of the motion for four weeks.

Which was decided in the negative.

Mr. Clark of Tippecanoe moved to postpone the consideration thereof for one week.

Which was decided in the negative.

The question being taken on the adoption of the amendment to the rules,

It was decided in the affirmative.

ORDERS OF THE DAY.

The question being upon the adoption of the amendment proposed by Mr. Rariden, to the second section of No. 1 of the reported sections of the new Constitution, pending at the adjournment on yesterday,

When Mr. Smith of Ripley moved to lay the amendment upon the table.

The ayes and noes having been demanded by ten members,

Those who voted in the affirmative were,

Messrs. Bascom, Berry, Borden, Bowers, Butler, Carter, Chandler, Clark of Tippecanoe, Cookerly, Davis of Vermillion, Dick, Dobson, Dunn of Perry, Edmonston, Foley, Gootee, Graham of Miami, Graham of Warrick, Haddon, Holliday, Hamilton, Harbolt, Hardin, Hendricks, Hitt, Hogin, Holman, Huff, Johnson, Jones, Kent, Kendall of Wabash, March, Mathes, May, McClelland, Miller of Clinton, Milroy, Mooney, Moore, Mowrer, Nofsinger, Owen, Pepper of Crawford, Prather, Read of Clark, Read of Monroe, Robinson, Shannon, Sherrod, Sims, Smiley, Snook, Smith of Ripley, Tague, Tannehill, Todd, Trembley, Vanbenthusen, Wolfe, Wunderlich, Yocum, and Zenor-63.

Those who voted in the negative were,

Messrs. Alexander, Anthony, Badger, Ballingall, Barbour, Beach, Beard, Beeson, Biddle, Blythe, Bourne, Bryant, Chapman, Chenowith,

Clark of Hamilton, Crawford, Crumbacker, Dunn of Jefferson, Duzan, Farrow, Fisher, Foster, Frisbie, Garvin, Gibson, Hawkins, Helmer, Hovey, Kendall of White, Kilgore, Kinley, Lockhart, Maguire, Mather, McFarland, McLean, Miller of Fulton, Miller of Gibson, Morgan, Murray, Nave, Newman, Niles, Pettit, Rariden, Ristine, Shoup, Steele, Terry, Thomas, Thornton, Walpole, Watts, Wheeler, Wiley, and Mr. President-56.

So the amendment was laid on the table.
Mr. Terry moved to amend as follows:

Strike out of 2d section all relating to Auditor of State, and insert the following

"There shall be chosen by the qualified electors of the State, and commissioned by the Governor, an Auditor of State, whose powers and duties shall be prescribed by law, and who shall hold his office for the term of four years, and until his successor shall be elected and qualified."

Mr. Mowrer moved to lay the amendment on the table.
Which was decided in the affirmative.

The question then being upon the reading of the reported sections, No. 1, as amended, a second time,

On motion of Mr. Kent,

The Convention adjourned until Monday morning 9 o'clock.

MONDAY MORNING, NOVEMBER 4, 1850.

The Convention met.

Prayer by the Rev. Mr. Babb.

Journal of the preceding day was read.

SPECIAL ORDER OF BUSINESS.

The question being upon the amendment to the amendment of the resolution submitted by Mr. Pettit, on the 14th of October, on the subject of abolishing grand juries, made the special order for to-day,

When Mr. Walpole moved to commit the resolution and proposed amendment to a select committee, with instructions to report to this Convention upon the following points:

1st. Are presentments and indictments judicial proceedings according to the coure of the common law?

2d. If so, to abrogate the grand jury system, would not the same violate the 2d article of the compact of the 13th of July, 1787, as guarantees the benefit of judicial proceedings according to the course of common law to the inhabitants of this State?

3d. Are not said articles of compact confirmed and ratified by the Federal Constitution, and binding upon the people of this State? Mr. Kent moved to lay the resolution and pending amendments, together with the motion to commit with instructions, to a select committee, upon the table.

Which was decided in the affirmative.

The order of business was suspended,
On motion of Mr. Hall,

To enable him to introduce the following resolution :

Resolved, That the resolution heretofore adopted abolishing the afternoon session of this Convention be, and the same is hereby rescinded, and that hereafter this Convention will hold afternoon sessions,

Which lies over one day under the rule.

Mr. Morrison of Marion, from the committee on the executive, submitted the following report:

MR. PRESIDENT:

The committee on the executive department, to whom was referred a resolution relative to the collection of statistical information on the subjects of agriculture and education, to be deposited with the Secretary of State, have had that resolution under consideration, have directed me to report the two following sections for the consideration of the Convention, and that the committee be discharged from the consideration of the subject.

NUMBER 22.

SECTION 1, It shall be the duty of the General Assembly to provide by law that the county Auditor, or other proper officer of the several counties, shall annually furnish to the Secretary of State a report of the agricultural productions of each county.

SEC. 2. It shall be the duty of the General Assembly to provide by law that the county Auditor, or other proper officer of the several counties, shall annually furnish to the Secretary of State, a statement of the number of children who are instructed in the district and common schools, the number of district school houses, the amount of money applied to the purposes of such shoools, and such other information as may be necessary in regard to common schools.

Which report was concurred in,

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

Mr. Kent, chairman of the committee on criminal law, submitted the following report:

MR. PRESIDENT:

The committee on criminal law, to whom was referred sections two and three of Article 11, of the Constitution, have had the same under consideration, and directed me to report the following sections for the consideration of the Convention. Your committee ask leave to be discharged from the further consideration of the subject.

NUMBER 23.

SECTION 1. Treason against the State shall consist in levying war against it, and in giving aid and comfort to its enemies.

SEC. 2. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on his confession in open court.

Which report was concurred in,

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

Mr. Chandler gave notice that he would, on to-morrow or some subsequent day, move a reconsideration of the vote, taken on last Thursday, on striking out the word "two" and inserting the word "four," in the 2nd line of 1st section and article reported for the new Constitution as to the office of Secretary of State.

ORDERS OF THE DAY.

The question being upon reading the reported sections No. 1, a second time, when

Mr. Maguire moved to recommit the said sections to the committee on State officers other than the executive and judiciary, with instructions to provide that the terms of the Auditor, Treasurer, and Secretary of State, shall be fixed at two years, and that they shall not be eligible to an election more than six years in any term of eight years.

Mr. Wolfe moved to lay the reported sections No. 1, with the motion to recommit with instructions, on the table.

Which was decided in the affirmative.

Reported sections No. 2, was then taken up, when

Mr. Robinson moved to amend as follows:

Strike out of the 1st section, in the 2nd line, the following words,

"strong presumption of," and insert the words "to be proven by the party alleging the same."

Mr. Howe moved to amend the amendment as follows:

Strike out of the amendment the words "to be proven by the party alleging the same," pending which,

On motion of Mr. Dunn of Jefferson,

The Convention adjourned.

TUESDAY MORNING, NOVEMBER 5, 1850.

The Convention met.

Prayer by the Rev. Mr. Crumbacker, a delegate from the county of Lake.

Journal of the preceding day read.

On motion,

Leave of absence was granted to Mr. Work.

The chair submitted a communication from the Grand Union of the Daughters of Temperance, for the State of Indiana, at its late session in the City of Indianapolis, praying for the prohibition of legalized traffic in intoxicating liquors; which,

On motion of Mr. Dobson,

Was referred to the committee on the legislative department.

Mr. Cole presented a petition from citizens of Hamilton county, praying the Convention to insert a clause in the new Constitution prohibiting the Legislature from granting license for the sale of ardent spirits;

Which was referred to the committee on the legislative depart

ment.

Mr. Hamilton, from the committee on currency and banking, submitting the following report:

Mr. PRESIDENT:

A majority of the committee on currency and banking, to whom were referred sundry resolutions on that subject, beg leave to report them back-to recommend that they lie upon the table-and to present, for the action of the Convention, the annexed article: