Mr. McClelland offered the following amendment : Strike out the words "register of debates," and insert " amended Constitution." Mr. Sherrod moved to lay the amendment on the table. Which was decided in the affirmative. The question then recurring upon the adoption of the first resolution, The ayes and noes being demanded by ten members: Those who voted in the affirmative were, Messrs. Allen, Anthony, Bascom, Bicknell, Biddle, Bracken,Bright, Bryant, Carter, Chenowith, Colfax, Davis of Parke, Dobson, Dunn of Perry, Duzan, Edmonston, Foley, Foster, Frisbie, Gibson, Gordon, Graham of Warrick, Gregg, Hall, Holliday, Helmer, Hendricks, Hovey, Huff, Jones, Kent, Lockhart, Maguire, May, McFarland, McLean, Miller of Clinton, Miller of Fulton, Miller of Gibson, Milroy, Mooney, Morgan, Morrison of Marion, Murray, Niles, Owen, Pepper of Ohio, Rariden, Read of Monroe, Ristine, Robinson,Schoonover, Shannon, Sherrod, Smiley, Snook, Smith of Ripley, Steele, Thornton, Todd, Vanbenthusen, and Mr, President-62. Those who voted in the negative were, Messrs. Badger, Ballingall, Barbour, Beach, Beard, Beeson, Berry, Blythe, Borden, Bourne, Butler, Clark of Hamilton, Clark of Tippecanoe, Cole,Cookerly, Crawford, Crumbacker, Dick, Dunn of Jef erson, Farrow, Fisher, Garvin, Gootee, Graham of Miami, Haddon, Hamilton, Hardin, Hitt, Hogin, Holman, Howe, Kendall of White, Kilgore, Kinley, March, Mathis, McClelland, Milligan, Moore, Nave, Newman, Nofsinger, Pepper of Crawford, Prather, Read of Clark, Ritchey, Shoup, Sims, Smith of Scott, Spann, Stevenson, Tague, Terry, Thomas, Watts, Wheeler, Wiley, Wolfe, Wunderlich, Yocum, and Zenor-61. So the resolution was adopted. The question now being upon the adoption of the second resolu tion, It was decided in the affirmative. Mr. Graham of Warrick, chairman of a select committee, made the following report: MR. PRESIDENT: The select committee, to which was referred a communication from the Auditor of State asking an investigation of the following questions: 1st. Whether the Convention has the power to direct the publication of the journal of debates in book form? 2d. Whether the undersigned would be authorized, and if so, how he would be authorized to draw his warrant upon the Treasurer for payment of said work? 3d. Out of what fund shall the work be paid, and on whose certificate shall it be paid? Have had the subject under consideration, and report, that admitting the right of the Auditor of State to ask this Convention to instruct him in regard to his official duties, and its powers, answer the first query by saying, that the committee is not disposed to go behind the action of the Convention to investigate its powers, as to the form in which it will publish its journals and debates. As the Convention has already exercised the power to elect its own printer, and to order the journal and debates to be published in newspaper form, we take it for granted that it has equally the power to order their publication in book form. To the second query, we say that he would be authorized by the 12th section of an act entitled" an act to provide for the call of a Convention of the people of the State of Indiana to revise, amend, or alter the Constitution of the State," approved Jan. 9, 1850, to draw his warrant upon the Treasurer for all expenses incurred by this Convention. To the third query we say, that it should be paid out of the fund specially set apart for the expenses of the Convention. And finally, that he should draw his warrant upon the certificate of the President of the Convention. C. C. GRAHAM, ORDERS OF THE DAY. The question being upon the amendment of Mr. Niles pending at the adjournment on yesterday, to the third section of No. 2. When Mr. Berry moved to amend the amendment as follows: Strike out all after word “man's," and insert "services shall be taken without compensation. Private property shall not be taken by law, against the consent of the owner for any other purpose than the defence of the State, and the right of way for public improvement, and when taken for these purposes, it shall be paid for in money irrespective of extrinsic benefits, in such manner as shall be directed by the General Assembly." Mr. Ritchey moved to refer section threc and pending amendments to a select committee. Which was decided in the negative. Mr. Edmonston moved to amend the third section as follows: Strike out the word "personal," and insert the word "particular," Which having precedence to the motion to strike out the entire section, The question was upon the adoption of the amendment by Mr. Edmonston. Which was decided in the affirmative. Mr. Holman moved to amend the section as reported as follows: Strike out the words "by a jury of freeholders," in the third line, also the words "together with the expenses of the proceedings," in the the third and fourth lines, and all after the word" owner," in the fourth line. Mr. Owen moved to amend the amendment as follows: Strike out all after the word "compensation," in the 2d line; and insert the following: "No man's property shall be taken by law without just compensation; nor, except in case of the State, without such compensation first assessed and tendered to the owner." Which was accepted by Mr. Holman. The question then being upon the amendment as amended, when Mr. Shoup moved to recommit section three to the committee on the rights and privileges, &c., with the following instructions: The committee on the rights and privileges, &c., are instructed to report the following section as a part of the amended Constitution: "No man's personal services or real property shall be demandeu for public use, without just compensation. No man's personal property shall be taken without his consent." Mr. Kilgore moved to amend the instructions as follows: Strike out all after the word "man's," and insert, " particular services shall be demanded, or property taken and applied to public use, without just compensation being made there for." The question then being on the adoption of the amendment to the instructions, when, On motion of Mr. Chapman, The Convention adjourned. SATURDAY MORNING, NOVEMBER 9, 1850 The Convention met. Prayer by the Rev. Mr. Mills. Journal of yesterday was read. On motion, Leave of absence was granted to Messrs. Chenowith and Ristine. The Chair submitted the following communication: TO THE HONORable George W. Carr, President of the Convention for forming a State Constitution : The undersigned having recently had the honor to receive froin the Convention certain questions to be answered by us, take great pleasure in complying with the request. First question."What is the order and practice or method in which cases submitted are taken up for consideration, and in which the decisions are given?" Answer.-After the causes have been submitted during the term of the Court, by the parties, the judges, as soon as they conveniently can, meet in the consultation room. They there examine, on the first day, as many of the causes in the hands of one of the judges as the time will permit, and generally come to a conclusion as to how the cases, so examined, ought to be decided. Sometimes, however, a case, on account of the difficult questions involved in it, is necessarily laid over for future investigation. On the next consultation day, the same course is pursued with regard to cases in the hands of one of the other judges; and on the third day of such meeting, the practice is the same as to cases in the hands of the remaining judge. That is the usual mode, recently adopted, in which the business progresses on consultation days. After this general examination, each judge re-examines, at his own room, in a more particular manner, the cases which are thus in his hands. When he finds the conclusion formed in the consultation room to be correct, as to a particular case, he writes out an opinion on it, when such an opinion is deemed proper. If, however, on this separate examination, the judge finds that the conclusion, formed in the consultation room, as to any case, is either incorrect or doubtful, he brings the subject again to the notice of the other judges. When an opinion is written, the writer submits it to the consideration of the other judges, or of one of them, if the other be absent, and the opinion, if approved, is afterwards read in court, or handed to the clerk and recorded. But if the opinion be not approved, it must, of course, be re-writtten. Cases not requiring written opinions, are decided orally. The rules of court relative to the order in which cases are decided, are annexed to this communication. It being found, in practice, that a strict adherence to the first rule tended too much to delay the business, that rule was qualified by the adoption of the second one. The cases, however, submitted at one term, are usually examined as stated above, before those submitted at the next term are examined. Second Question.-"Is there any, and if so, what kind of, minutes or records kept of the proceedings of the court when sitting at chambers for consultation ?" Answer. There are no regular minutes or records kept of the proceedings alluded to. It is left to each judge to make, either immediately, or after retiring to his room, such memoranda on the subject as he may consider advisable. Third question."Would the business of the court be expedited by an increase in the number of the judges?" Answer, It is probable that it would, provided the increase should not be too great. Fourth question.-"What is the number of records of cases which had been submitted, remaining undisposed of at the time the present judges commenced sitting together, and how were these records distributed to the several judges?" Answer. The number of those cases is shown by the annexed statement of our clerk. They were distributed equally among the judges. Fifth question.-"What is the number of these cases, and of the cases submitted at each term since, remaining in your hands undisposed of?" Answer. There are four of those cases undisposed of. As an answer to the remaining part of this question, we beg leave to refer to the report made a few days since to the Convention, by the clerk of our court. Very respectfully, Your ob't servants, ISAAC BLACKFORD, INDIANAPOLIS, Nov. 8, 1850. |