* I SI ::,: -' > , :,,. m^M =? i ' .$* THE UNIVERSITY OF CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORNIA THE UNIVERSITY OF CHIFGRPRT. LIBRSRY Of THE UNIVERSITr OF CHIFOR = IBRARY OF THE UNIVERSITY OF CALIFORNIA \r A ~ ^ &%$m. i Mjjifr) w. QJ/\\) F THE UNIVERSITY OF CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORI I ^^^^JvC^^ffi -=- XT .... , , ,. ^__>*/ * Vc ^N fo ^=^ "%< I ^ 3 ^*S=S^ Q^ F THE UNIVERSITY OF CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORt : UNIVERSITY OF CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORN //T) JOURNAL OF THE CONVENTION, ASSEMBLED AT SPRINGFIELD, JUNE 7, 1847, IN PURSUANCE OF AN ACT OF THE GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, ENTITLED U AN ACT TO PROVIDE FOR THE CALL OF A CONVENTION," APPROVED, FEBRUARY 20, 1847, FOR THE PURPOSE OF ALTERING, AMENDING, OR REVISING THE CONSTITUTION OF THE STATE -OP ILLINOIS. PUBLISHED BY AUTHORITY OF THE CONVENTION. SPRINGFIELD: LANPHIER & WALKER, PRINTERS. 1847. 7 JOUMAL OF THE CONVENTION. In pursuance of an act of the general assembly of the state of Illinois, entitled "An act to provide for the call of a convention," approved, Feb- ruary 20, 1847, members elected to said convention appeared in the hall of the house of representatives, at the city of Springfield, at 3 o'clock, P. M., on Monday, the seventh day of June, A. D. 1847, the secretary of state, Horace S. Cooley, being in attendance. The convention was called to order by Francis C. Sherman, of Cook county; upon whose motion, Zadok Casey, of Jefferson, was unanimously elected president, pro tempore, of the convention. On motion of Mr. Scates, Louis M. Booth, of the county of Adams, was appointed secretary,;? tempore, and John A. Wilson, of Hamilton county, door-keeper, pro tempore. On motion of Mr. Thompson, A call of the members elect to the convention, was ordered. On motion of Mr. Dement, Henry W. Moore, of the county of Gallatin, was elected assistant sec- re tary,joro tempos. On motion of Mr. Sherman, William J. Kline, of the county of Kane, was appointed assistant door- keeper, pro tempore. The call of members of the convention progressed, and the following named persons appeared, presented certificates of their election as such members, and took their seats: Adams county William Laughlin, William B. Powers, Jacob JVL Nichols. ^ Adams and Highland counties Archibald Williams. */ Alexander and Pulaski counties Martin Atherton. Bond county Michael G. Dale. Boom county Darnel H. Whitney. Brown county James W. Singleton, i^ ^ Brown and Schuyler counties James Brockman, Alexander McHatton. Bureau county Simon Kinaey. v Calhoun and Jersey counties William Bosbyshell. 4 JOURNAL OF THE CONVENTION. {June 7. t/' Carroll and Ogle counties Garner Moffett. Cass county Henry E. Dummer. "^ Champaign and Vermilion counties Thompson R. Webber. Christian and Shelby counties 1). D. Shumway. *" Clark county William Tutt, Justin Harlan. *- Clark, Edgar and Coles counties Uri Manly. *"" Clinton county Benjamin Bond. *^ Coles county Thomas A. Marshall, Thomas Trower. Cook county Patrick BaJlingall, Francis C. Sherman, Reuben E. Hea- cock, E. F. Colby. Crawford comity Nelson Havvley. Cumberland and EJfingham counties William II. Blakely. *" De Kail) county George H. Hill. De Witt county George B. Lemon. - Du Page county Jeduthan Hatch. \^ Du Page and Will counties Samuel Anderson. v Edgar county William Shields, George W. Rives. Edwards and Wayne counties Alvin R. Kenner. L Fayetie county John W. F. Edmonson, Joseph T. Eccles. Franklin county John W. v Akin. v^ t Fulton county David Markley, Hezekiah M. Wead, Isaac Lin ley* George Kreider. \s Gallatin county Albert^ G. Caldwell, Jacob Smith. v^ Greene county Franklin Witt, L. E. Worcester, D. M. Woodson. Grundy and La Salle counties George W. Armstrong. Hancock county Thomas C. Sharpe, George S. Moore, Robert Miller, Thomas Geddes. Hard in and Gallalin counties Andrew McCallen. * Henderson county Gilbert Turnbull. Henry and Knox counties Joshua Harper. '< Highland county Lewis J. Simpson. Iroquois and Will counties Jesse O. Norton. ~ Jackson county Alexander M. Jenkins. Jasper and Crawford counties Richard G. Morris. Jefferson county Franklin S. Casey. ^ Jejferson> Marion and Franklin cowries Zadok Casey, Walter B. Scales. Jersey county A. R. Knapp. ^ Jo Damess county Thompson Campbell, W. B. Green, O. C. Pratt* Johnson county John Oliver. Kane county Alfred Churchill, Augustus Adams, Thomas Judd. Kendall county John West Mason. Knox county Curtis K. Harvey, James Knox. Lake county Horace Butler, Hurlbut Swan. La Salle county William Stadden, Abraham Hoe?. Lawrence county John Mieure. Lee county John Dement. ^ Livingston and McLean counties Samuel Lander. Logan county James Tuttle. McLean cou nty David Davis, June 7.] JOURNAL OF THE CONVENTION. 5 Mason county F S. D. Marshall, Macoupin county James Graham, James M. Palmer. McDonough county James M. Campbell. McDonough and Warren counties John Huston. McHenry county John Sj,bley, Peter W. Deitz. Madison county Cyrus Edwards, E. M, West, Benaiah Robinson, George T. v Brown. Marshall and Stark counties Henry D. Palmer. Marion county George W. Pace* Macon and Piaffi counties Edward O. Smith, Massac county Thomas G. C. Davis. Menard county Benjamin F. Northco-tt. Mercer county Frederick Frick. Montgomery county Hiram Rountree, *"" Montgomery and Bond counties James M. Davis. Moultrie and Shelby counties Anthony Thornton. Mjrgan county Newton^Cloud, James Dunlap. William Thomas. Monroe county James A. James, John D. v Whiteside. Ogle county D. J. Pinckney. Perry county H. B. Jones. Perry, Washington and Clinton Bounties Jolm Grain* ^/ Peoria county VV r illiam W. Thompson, Lincoln B. Knowlton Peoria and Fulton counties Onslovv Peters. *"" Pike county William It. Archer, Harvey Dunn, William A, Grimshaw. Pope county William Sim. Putnam county Oaks Turner. Randolph ou>(ty Ezekiel W. Robbins, Richard B. Servant. ^ Richland county Alfred Kitchell. Rock Island county John W. Spen-cec. Sangamon county John Dawson, James II. Matheny, Ninian W. Edwards, Stephen T. Logan, Scott connty N. M.'Knapp, Daniel Dunsmore. Schuyler county William A. Minshall. Shelby county Edward^Evey. ^ St. Clair county Wm. W. Roman, Wm. C. Kinney, John JVfcCully, (George Bunsen. y Stephenson county Seth B. Farwell, Thomas B. Carter. Tazewsll county William H. Holmes. Union county Samuel Hunsaker. Vermilion county John Canady, John W. Vance, Wabash county Charles H Constable* Warren county Abner C. Harding. Washington county Zenos 11. Vernor. Wayne county James M. v Hogue. Whiteside county Aaron C. Jackson. White coun'y S. SnowdeH Hayes, Daniel Hay. W&odford county Samuel J. Cross. Winnebago county Splden M. Church, Robert J. Cross. Williamson county John T.'Loudon. Williamson, Franklin and Jackson counties Willis Allen. 6 JOURNAL OF THE CONVENTION. {June 7. Will county Hugh Henderson, William McClure. * Mr. States offered for adoption the following: Resolved, That each delegate of this convention, before proceeding e appointed to prepare and report rules and regulations for the government of the convention. Ordered, That Messrs. Edwards of Sangamon, Sherman, Zadok Casey, Woodson,and Demejit be said committee. On motion of Mr. Ballingall, Resolved, That the secretary prepare ballots properly numbered for seats for the members of this convention, and that the members proceed thereafter to draw the ballots for their respective seats. On motion of Mr. Palmer of Macoupin, Resolved, That the editors and reporters of the newspapers published in this state be allowed seats within the bar of this hall. On motion of Mr. Whitney, The convention adjourned until to-morrow morning, at 10 o'clock. 10 JOURNAL OF THE CONVENTION. [June 8. TUESDAY, JUNE 8, 1?47. The convention met pursuant to adjournment. Prayer by the Rev. Mr. Barger. On motion of Mr. Brocknrwn, Resolved, That for the comfort and convenience of the members of this convention, thesergeant-at-arms be instructed to have removed the railings from the hall, and to place the seats of members farther back towards the corners of the hall. Mr. Wead offered for adoption the following : Ordered, That so much of the resolution adopted on yesterday, on the motion of the member from Clinton, as provides for limiting the number and pay of officers of this convention, be rescinded. On motion, The convention adjourned to three o'clock, p. M. THREE O'CLOCK, r. M. The convention met. Peter Green, member of the convention elect from the county of Clay, and Henry R. Green, member from the county of Tazewell, appeared, presented their certificates of election, and were qualified as prescribed, by J. W. Keys, esq. The question pending at the adjournment being upon the adoption of the rescinding order offered by Mr. Wead, Mr. Harvey moved that that order be amended by striking it out after the word " ordered," and adding : " That the members of this convention, arid all officers of the same, re- ceiving a per diem compensation, shall receive the sum of two dollars and fifty cents only per day, for their services in this convention." Mr. Palmer of Marshall moved that the amendment be amended 1 striking out the words "and fifty cents." On motion of Mr. Scates, Ordered, That the order and proposed amendments be laid on the table. Mr. Edwards of Madison, from the committee, appointed on yesterday, to prepare and report rules for the government of the convention, made report of the following : RULE 1. On fhe appearance of a quorum the president shall take the chair, and the convention be called to order. RULE 2. Reading of the minute? and corrections. RULE 3. The president shall preserve order and decorum, and decide! questions of order, subject, to an appeal to the convention. He shall have the right to name any member to perform the duties of the chair; but such substitution shall not extend beyond the hour of adjournment. RULE 4. All motions and addresses to be made to the president. June 8.] JOURNAL OF THE CONVENTION. 11 RULE 5. No motion to be debated or put, unless seconded ; and all to be reduced to writing, if required by the president, or any member of the convention. RULE 6. Yeas and nays to be called for by ten members. RULE 7. President to name who has the floor. RULE 8. No interruption, and on a call to order, a member must sit down. RULE 9. No conversation whilst a member is speaking, and no passing between a member who is speaking and the 'chair. RULE 10. No reference to members names in debate. RULE 11. Motion can be withdrawn by mover before question is puty and amendment made, and another member may put the same. RULE 1'2. All committees to be appointed by the president, unless oth- erwise ordered. RULE 13. None to be admitted inside the bar, except members or offi- cers, without permission of the president, or upon a vote of the conven- tion in favor of their admission. RULE 14. The previous question shall always be in order in conven- tion if seconded by a majority, and until it is decided all amendments and debate shall be precluded. The question shall be put in this form " shall (he main question be now put?" If it shall be decided that the question should not now be put, the main question shall still remain under consid- eration. If seconded, the questions will then be taken in their order with- out further debate. RULE 15. In forming committees of the whole, the president, before leaving the chair, shall appoint a chairman. RULE 16. No member shall speak more than twice to the same ques- tion without leave, nor more than once, until every other member rising to speak shall have spoken. RULE 17. A motion lor reconsideration shall be in order at any time, and may be moved by any member of the convention. But the question shall not be taken on the same day unless by unanimous consent. If the motion to reconsider is not made on the same day, three days' notice shall be required to be gitfen of the intention to make it. RULE 18. The preceding rules shall be observed in committee of the whole, so far as they are applicable, except so much of the 17th rule as restricts the speaking to more than twice. A call for the yeas and nays, and a motion to adjourn shall not be applicable, but a journal of the pro- ceedings in committee shall be kept. RULE 19. The president may admit such, and as many, reporters with- in the bar as he may deem proper. RULE 20. The order of business shall be as follows: 1st. After the reading of the journal, petitions. 2d. Communications from the governor, the state officers, and from all other persons to whom enquiries may be addressed by order of the con- vention. 3d. Reports of committees. 4th. Motions, resolutions, and notices. 5th. Unfinished business. Gth. Special orders. 12 JOURNAL OF THE CONVENTION. [June S. 7th. General orders. RULE 21, Upon a division and count of the convention on any ques- tion, no member without the bar shall he counted. RULE ^2. Every member who shall be in the convention -when the! question is put shall give his vote, unless the convention, for special reasons, shall excuse him. RULE !23. The following shall be the standing committees of the con-f vention, to wit : 1st. Committee on the Executive Department. 2d. Committee on the Judiciary Department. 3d. Committee on the Legislative Department. 4th. Committee on the Bill of Rights. 5th. Committee on Incorporations. 6th. Committee on Revenue. 7th. Committee on Elections and the Right of Suffrage. 8th. Committee on Finance. 9th. Committee on Education. 10th. Committee on the Organization of Departments and officers con- nected with the Executive Department. 1 1th. Committee on the Division of the State into Counties, and theiri Organization. The president put the question upon concurring with the committee in| their report, and the adoption of the rules; which was decided in the! affirmative. On motion of Mr. Hon. John McLean, justice of the supreme court of the United States, was invited to a seat within the bar of the hall. Mr. Dawson moved that the secretary procure the printing of 30 copies of the rules just adopted, for the use of the convention ; whic motion, was, On motion of Mr. Scates, Laid on the table. On motion, The convention adjourned to 10 o'clock to-morrow morning. WEDNESDAY, JUNE 9, 1847. Convention assembled pursuant to adjournment. Prayer by Rev. Mr. Bergen. Mr. Geddes presented the certificate of election of one of his co leagues, Mr. Charles Choate, member from Hancock ; and Mr. Whittle the certificate of Stephen A. Hurlbut, member from McHenry am Boone. Messrs. Choate and Hurlbut then appeared, and the oath of office wa administered to them by-Wm. Lavely, esq, Mr. Dement offered for adoption the following : Resolved^ That the governor, secretary of state, treasurer, and audito of state, the judges of the supreme court of Illinois, and of the Unite fune 9.] JOURNAL OF THE CONVENTION. 13 States circuit and district courts, be invited to take seats within the har of the hall, during the session of this convention. Mr. Campbell of Jo Daviess moved that the resolution be so amended as to include all the ex state officers. Mr. Knowlton moved that the amendment proposed be amended so as to include, also, the soldiers who have returned from the war with Mexi- co, and ex-members of congress from this state. Mr. Whitney moved that the resolution and amendments belaid on the table. Mr. Thomas called for a division of the question; and the same being taken, first on laying the amendments on the table, it was decided in the affirmative. The question then being taken upon laying the resolution on the table, it was decided in the affirmative. Mr. Singleton offered for adoption the following: Resolved, That this convention is limited in its purposes and powers; its object being to propose, for the acceptance of the people, such changes in their present constitution as to the convention may appear necessary, limited in these changes by the true principles of a republican govern- ment, and in the conduct of its body by the constitution of this state, as far as it is applicable. That this convention has no power to repeal or modify any act of the general assembly of this state, otherwise than by constitutional provision, subject to the ratification of the people, or do any other act not necessary to the discharge of the trust confided to it. Mr. Archer moved that the resolution be amended by striking out all after the word '* resolved," and adding the following in lieu of the part >roposed to be stricken out: "That this convention has assembled for the purpose of revising, alter- ng, or amending the constitution of this state, and that the powers and luties cf said convention are limited after its proper organization to such bjects only. "Resolved, That with a view of entering upon the discharge of the du- ies assigned to said convention, we now proceed to the election of an as- istant secretary, an assistant sergeant-at-arms, and a printer; any resd- ution heretofore passed to the contrary notwithstanding. 1 ' Mr. McCallen moved that the amendment to the resolution be amended )y striking out of it the words "and a printer," and adding at the end of the amendment the following : " Resolved, That the secretary be instructed to receive sealed proposals at his desk, until ten o'clock A. M. to-morrow, for the printing to this con- tention, and that the president proceed at that hour to open said proposals, and award the printing to the lowest responsible bidder." On motion of Mr. Scates, The resolution, amendment, and amendment to the amendment, were aid on the table. Mr. Davis of Montgomery offered for adoption the following: Resolved, That there be a committee on internal improvement appoint- ed by the president, and that the following additional rules be adopted: " RULE , Any rrember may make out and have placed upon the 14 JOURNAL OF THE CONVENTION. [June 9. journal his protest against the passage of any resolution or other proceed- ing adopted by the convention. '< RULE . There shall be no smoking within the bar of the house, during the hours of session." Mr. Logan moved that the first proposed rule be amended so as to make it read " Any ten members may make out and have placed upon the jour- nal 7 ' &c. On motion of Mr. Wead, Ordered, That the resolution and amendment be laid on the table. Mr. Robbins offered the following resolutions: Resolved, That each standing committee in this convention consist of fourteen members, two of each to be appointed from each congressiona district in this state. Resolved, That a select committee of fourteen, two from each congres sional district in the state, be appointed by the president, to report th< business that will probably come before this convention, and the manne in which it is deemed expedient, to take up and dispose of that business and that that committee report as soon as practicable. Mr. Wead moved that the resolutions be laid on the table and printed Mr. Davis of Montgomery called for a division of the question, so a to take the vote first on laying on the table. Mr. Logan called for a further division, so as to take the question o laying the first resolution on the table. The question was taken on laying the first resolution on the table, an decided in the affirmative. The question was then taken on laying the second resolution, and de cided in the affirmative. Samuel D. Lockwood presented his certificate of election, as a delegat from the county of Morgan, and the oath of office was administered him by James W. Keys,esq. Mr. Armstrong offered for adoption the following : Resolved, That the following committees be added to the number no* provided for by the rules, to wit: A committee on the Militia. A committee on Retrenchment. Which resolution, was, On motion of Mr. Whitney, Laid on the table. Mr. Dement moved that the resolution, offered by Mr. Singleton thi morning, with all the amendments proposed thereto, be taken from th table; And the question being taken on the motion, it prevailed. The question pending being on the amendment to the amendment in troduced by Mr. McCallen, Mr. Constable moved to lay said amendment on the table; The question having been taken, It was decided in the affirmative, j ^ eas> June 9. JOURNAL OF THE CONVENTION. 15 Those voting in the affirmative, are, Mr. Adams Mr. Dunn Mr. Manly Akin Allen Dunsmoie Edrnonson Markley Marshall ot Coles Anderson Evey Marshall of Mason Archer Farwell Mieure Armstrong Frick Minshall Atherton Geddes Moffett Blakely Green of Clay Moore Ballingall Green of Jo Daviess Morris Brockman Haich Nichols Bosbyshell Hawley Pace Brown Bunsen Hayes Heacock Palmer of Macoupin Pratt Butler Hill Powers Caldwell Hoes Robbins Campbell of Jo Daviess Hogue Robinson Campbell of McDonough Holmes Scales Carter Hunsaker Sharpe Choate Huston Stadden Colby Jenkins Swan Constable Knapp of Jersey Sibley Cross of Woodford Kreider Singleton Cloud Kinney of St. Clair Smith of Gallatiu Churchill Kitchell Shumway Davis of Montgomery Laughlin Trower Davis of Massac Lemon Tutt Deitz Linley Vernor Dement Loudon Wead Dummer McClure Webber. Dunlap McHatton | Those voting in the negative, are, Mr. Crain Mr. Hurl but Mr. Rives Canady Jackson Roman F. S. Casey James Shields Z. Casey Jones Spencer Cross of Winnebago Judd Servant Church Knapp of Scott Sim Dale Kenner Thomas Dawson ^ Kinney of Bureau Thornton Edwards of Madison Knowlton Turnbull Edwards of Sangamon Eccles Knox Lander Turner Tuttle Graham Logan Vance Green of Tazewell McCallen West Grimshaw Matheny Witt Harding Miller Whiteside Harper Northcott Whitney Harvey Norton Woodson Hay Palmer of Marshall Worcester. Henderson Peters On motion, The convention adjourned to two o'clock, p. M. 1C JOURNAL OF THE CONVENTION. [June 9, TWO O'CLOCK, p. M. Convention met pursuant to adjournment. The question pending^being upon the motion of Mr. Archer, to strike from the resolution, offered by Mr. Singleton, all after the word 4i resolv- ed," and add two other resolutions, he called for a division. The question was put upon striking out, and decided in the affirmative. Mr. Peters called for a further division. The vote being taken upon adding the first branch of the amendment of Mr. Archer, (Yeas, 87, It was decided in the affirmative, Those voting in the affirmative, are, iNays, 64. Mr. Akin Allen Anderson Archer Armstrong Atherton Blakely Ballingall Brockman Bosbyshell Biown Bunsen Butler Crain Caldwell Campbell of Jo Daviess Campbell of McDonough Carter F. S. Casey Z. Casey Choate Colby Cross of Woodford Cloud Davis of Montgomery Davis of Massac Dement Edmonson Evey Mr. Farwell Frick Geddes Green of Clay Harvey Hatch Hawley Hayes Heacock Hill Hoes Hogue Hunsaker Huston Jenkins Jones Knapp of Jersey Kreider Kinney of St. Clair Laughlin Linley Loudon McCallen McCully McClute McHatton Manly Markley Marshall of Mason Those voting in the negative, are, Mr. Adams Cross of Winnebago Church Churchill Dale Davis of McLean Dawson Deitz Dummer Dunlap Dunsmore Edwards of Madison Edwards of Sangamon Eccles Mr. Graham Green of Jo Daviess Green of Tazewell Grimshaw Harding Harlan Harper Hay Henderson Holmes Hurlbut Jackson James Judd Mr. Mieure Minshall Moffett Moore Morris Nichols Oliver Palmer of Macoupin Pratt Powers Robbins Robinson Rountree Sharpe Stadden Shields Sherman Simpson Singleton Smith of Gallatm Sh urn way Trower Tutt Vernor Wead Webber Witt Whiteside V\ ore ester. Mr. Knapp of Scott Kenner Kinney of Bureau Kitchell Knowlton Knox Lander Lemon Logan Marshall of Coles Mason Matheny Miller Northcott June 0.] JOURNAL OP THE CONVENTION. 17 Mr. Palmer of Marshall Mr. Servant Mr. Turner Peters Sibley Tuttle Pinckney Sim Vance Rives Smith of Macon West Roman Thomas Williams Scates Thornton Whitney Swan Turnbull Woodson Spencer The question was then taken upon the second branch of Mr. Archer's resolution, and decided in the affirmative ; And the resolution, as amended, adopted. The convention accordingly proceeded to the election of an assistant secretary. Mr. Sherman nominated II. G. Reynolds, of Rock Island county. Mr. McCallen nominated John S. Roberts, of Morgan county. Mr. Singleton nominated James M. Burt, of Adams county. Those who voted for H. G. Reynolds, are, Messrs. Akin, Allen, Anderson, Archer, Armstrong, Atherton, Blakely, Ballingall, Brockman, Bosbyshell, Brown, Bunsen, Butler, Grain, Cald- well, Campbell of Jo Daviess, Campbell of McDonough, Carter, F. S. Casey, Z. Casey, Choate, Colby, Cross of VVoodford, Cloud, Churchill, Dale, Davis of Massac, Dement, Dunlap, Dunsmore, EcJmonson, Evey, Farwell, Frick, Green of Clay, Harper, Harvey, Hatch, Hawley, Hayes, Heacock, Henderson, Hill, Hoes, Hogue, Hunsaker, Huston, James, Jen- kins, Kreider, Kinney of St. Clair, Kitchell, Laughlin, Linley, McCully, McClure, McHatton, Manly Markley, MofFett, Morris, Nichols, Oliver, Pace, Palmer of Macoupin, Pratt, Peters, Powers, Robinson, Rountree, Scates, Stadden, Sherman, Smith of Gallatin, Shumway, Trower, Tutt, Vernor, Wead, Webber, Witt, Whiteside, and Worcester 84. Those who voted for James M. Burt, are, Adams, Canady, Cross of Winnebago, Church, Davis of Bond, Davis of McLean, Dawson, Deitz, Dummer, Edwards of Madison, Edwards, of Sangamon, Eccles, Graham, Geddes, Green of Jo Daviess, Grimshaw, Harding, Marian, Hay, Holmes, Hurl but, Jackson, Jones, Judd, Knapp of Jersey, Knapp of Scott, Kenner, Knowlton, Knox, Lander, Lemon, Lo- gan, Marshall of Coles, Marshal! of Mason, Matheny, Mieure, Miller, Minshall, Northcott, Palmer of Marshall, Pinckney, Rives, Roman, Swan, Shields, Spencer, Servant, Sibley, Sim, Singleton, Smith of Macon, Thom- as, Thornton, Turnbull, Turner, Tuttle, West, Williams, Whitney, and Woodson 60. Those who voted for John S. Roberts, are, Messrs. Green of Tazewell, Loudon, McCallen, Robbins and Vance5. II. G. Reynolds, having received a majority of all the votes given, was t by the president, declared duly elected assistant secretary of the conven- tion to amend, alter, or revise the constitution of the state of Illinois. The convention proceeded to the election of an assistant door-keeper*. Mr. Armstrong nominated Ralph Woodruff, of La Salle county. On motion of Mr. Rountree, The election proceeded by a division of the convention. as 18 JOURNAL OF THE CONVENTION. [June 10. The question was put upon the election of Mr. Woodruff, and decided in the affirmative. The president thereupon declared Ralph Woodruff to be duly elected assistant door-keeper of the convention. The convention proceeded to the election of printer. Mr. Sherman nominated Lanphier & Walkei. On motion of Mr. Armstrong, The election proceeded by a division of the convention. The question was put upon the electiou of Lanphier &, Walker, printers to the convention, and decided in the affirmative. Those gentlemen were accordingly declared, by the president, to be duly elected. On motion of Mr. Wead, Ordered, That 200 copies of the rules for the government of the con- vention be printed for the use thereof. On motion, The convention adjourned to to-morrow morning at nine o'clock. THURSDAY, JUNE 10, 1847. Convention assembled pursuant to adjournment. Prayer by Rev. Mr. Dresser. The journal of yesterday was read and corrected. Mr. Minshall offered for adoption the following preamble and resolu- tions: Whereas this convention has been called by the general assembly, un- der the constitution of this state, for the purpose of revising, altering, or amending the same ; and whereas it is the opinion of this convention, in convention assembled, that the present constitution of this state needs amending in the following particulars, with others, to wit: 1st. The judiciary of this state should be changed in this: Instead of the present judiciary, a supreme court shall be established, to be com- posed of three judges, to be elected by the qualified voters of this state, in three districts into which the state shall be divided, and to hold their offices for the term of nine years. 2d. There shall be established, instead of the present circuit court sys- tem, circuit courts ; and the judges to hold said courts shall be elected by the qualified voters of this state in their respective districts, to hold their offices for the term of six years ; and the judges of the supreme and circuit courts shall be ineligible to any other office of honor or profit un- der the government of this state, or the United States, during the term for which they or either of them shall be elected judges. 3d. There shall be elected, in the respective judicial circuits, a circuit attorney, by the qualified electors of such circuits, respectively, to hold their office for two years. 4th. There shall be elected, in the respective judical circuits, a circuit court clerk, by the qualified voters of the respective circuits, who shall hold their offices for the term of two years. 5th. There shall be elected, in the respective counties of this state, a sheriff and coroner, who shall hold their offices during the term of two June 10.] JOURNAL OF THE CONVENTION. 19 years; and the sheriff shall be ineligible to re-election for two years next ensuing the expiration of his term of office, and until he shall have fully settled up and paid over all moneys by him collected for revenue, or for individuals, and liquidated all dues and demands and liabilities on him in his office of sheriff. 6th. The council of revision shall be abolished, and the judges of the supreme court hereafter shall be relieved from such duty, and such con- nection of the judicial and legislative departments shall never hereafter be allowed. 7th. The judges of the supreme court shall receive for their services competent salaries, to be fixed by law, at not less than fifteen hundred dollars each, and which shall not be increased during the term for which they shall be elected. 8th. The circuit court judges shall receive competent salaries for their services, which shall not be less than twelve hundred dollar?, and which shall not be increased in any instance during the term for which said judge may be elected. 9th. That the circuit and supreme courts shall in their organization be separate and distinct departments, and the legislature shall be restrained from ever uniting them, or dispensing with the circuit court system, or require the supreme court to do circuit duties, and the number of supreme judges shall at no time be made to exceed five in number. Resolved, therefore, That a select committee of eighteen be appointed, two from each judicial circuit, to prepare an amendment to the constitu- tion in these 1 particulars, based on the foregoing propositions, and at their earliest opportunity report the same for the consideration and action of this convention. On motion of Mr. Manly, The preamble and resolutions were laid on the table. On motion of Mr. Knapp of Scott, Resolved, That a^standing committee be added to the committees pro- vided for by the rules of this convention, to be called the committee on Law Reform, whose special duty it shall be to inquire whether the basis can be laid in the amended constitution for any reform in the legal prac- tice of this state. Mr. Woodson offered for adoption the following: Resolved, That this convention will hereafter meet at eight o'clock, A. [., and adjourn at twelve o'clock, M., and meet at three o'clock, p. M., and adjourn at six o'clock, p. M. Mr. Scates moved to amend the resolution by striking out the word "eight," and inserting in lieu thereof the word "nine." Mr. Linley moved to lay the resolution and amendment on the table. Mr. Witt called for a division of the question. The question was then taken on laying the amendment on the table, and decided in the affirmative. The question was then taken on laying the resolution on the table, and decided in the affirmative. Mr. Constable offered the following: Resolved, That, until otherwise ordered, the hour of convening the 20 JOURNAL OF THE CONVENTION. [June 10. morning sessions of this body shall be at eight o'clock, A. M., and of the afternoon session al three o'clock, p. M. Mr. Robbins moved to amend the resolution by striking out all after the words kt eight o'clock, A. M." The question having been taken on the amendment, was decided in the negative. The question wa? then taken on the adoption of the resolution, and de- cided in the affirmative. On motion of Mr. Edwards of Madison, The 23d rule was amended by adding the following committees: On the Militia and Military Affairs. On Miscellaneous Subjects and Questions. On the Revision and Adjustment of the articles of the Constitution adopted by this convention, and to provide for the alteration and amend- ment of the same. Mr. Hayes offered for adoption the following preamble and resolution: Whereas, in order to secure the prompt and efficient action of this body, it is necessary that some definite mode of proceeding should be adopted; and whereas much of the present constitution does not need amendment; and whereas each new constitutional provision should be submitted sepa- rately to the people; therefore, Resolved, That this convention will prepare and adopt separately such amendments as may seem necessary, and will distinguish such amend- ments as may be adopted, that they may be voted on separately by the people. *Mr. Dement moved to refer the preamble and resolution to the com- mittee on Miscellaneous Subjects and Questions. Mr. Constable moved to lay. the motion on the table. The question having been taken on the last motion, it was decided in the affirmative. Mr. Davis of Montgomery moved to lay the preamble and resolution on the table. The question having been taken, it was decided in the affirmative. On motion of Mr. Adam?, Resolved, That the secretary of state be requested to furnish this body with as full a statement as practicable of the amount and present condi- tion of the school, college, and seminary fund of this state, and the pros- pect of their future receipts, and from what source or sources to be de- rived ; and whether any portion of the same is withheld by the general government; and, if so, how much, and for what purpose; and, also, in what stocks the said fund is now held. Mr. Peters offered for adoption the following resolution: Resolved, That there be added to the standing committees of this con- vention a committee on Townships, with instructions to report whether it is expedient so to amend the constitution as to provide for the incor- poration of the several townships in this state for municipal and other purposes. The question having been taken on the adoption of the resolution, it was decided in the negative. June 10.] JOURNAL OF THE CONVENTION. 21 Mr. Harvey offered for adoption the following resolution: Resolved, That the following committee be *iddcd to the committees now provided for by the rules of this convention, to wit: A committee on the state debt, to be selected in the same manner as the present rules require* On motion of Mr. Shumvvay, The resolution was laid on the table. Mr. Loudon offered for adoption the following resolutions: Whereas the people of the state of Illinois call for a thorough retrench- ment in all the departments of our state government, and more especially in the legislative department bf our government: therefore, be it Resolved by the convention assembled. That, for objects of primary - importance to the people of the state, the number of representatives and senators in the state legislature should be reduced from a hundred and sixty-two members down to seventy-live, leaving fifty members in the house of representatives and twenty-five in the senate; and that the num- ber in both houses should never exceed one hundred and twenty, appor- tioned according to population, and that their pay should be three dollars per day during the session; and that, for the saving of time and money, and for the comfoit of members, therefore, Resohed, That all future legislatures should convene on the first Mon- day of October, every two years, and that their session be limited to sixty days. On motion of Mr. Rountree, The resolutions were referred to the committee on the Legislative De- partment. On motion of Mr. Worcester, Resolved, That the subject of incorporating townships be referred to the committee on Counties. On motion of Mr. Davis of Massac, Resolved, That tire following be an additional rule of this body: Rule 24. A quorum to do business shall consist of two-thirds of the members elected to this convention. On motion of Mr. Z. Casey, Resolved, That two hundred copies of the constitution of the state be printed in bill form for the use of the members of the convention. Mr. Woodson offered the following preamble nd resolutions: Government is instituted in order to secure individuals in the enjoy- ment of three primary rights of life, liberty, and property and should be clothed with such power as may be necessary to prevent the com- mission of all acts injurious to these rights. As this power, given for protection, may be perverted and used as a weapon of oppression, it be- comes a great desideratum, in organizing a free government, so to con- struct it that, whilst it has power to govern individuals, it should also be compelled to control itself. Mere paper declarations of rights, and paper limitations of power, however perfect in themselves, are insufficient for this purpose; for they will be disregarded at pleasure, if there is no or- ganic provision for the distribution of power by which to ensure their observance; therefore, Resolved, That the government of the state of Illinois should consist of 22 JOURNAL OF THE CONVENTION. [June 10. three co-ordinate departments, each independent of the otheis; and that the powers of the government should be so divided, and so distributed among these departments, that neither of them could, without the con- sent and co-operation of at least one of the others, injuriously affect either of the great rights of personal security, personal liberty, and private property. Resolved, That the necessary distribution of powers for this purpose is into legislative, judicial, and executive departments; the first to prescribe general rules for the government of society; the second to expound and apply those rules to individuals in society; the third to enforce obedience to the judgments and decrees of the second, and to see that the laws are faithfully executed. Resolved, That the several departments should be organized upon the following principles: 1st. The legislative department should consist of a senate composed of thirty senators, and a house of representatives composed of seventy mem- bers, with biennial sessions, to commence on the first Monday of January, and not to exceed in length thirty days; or, if it exceeds that time, the members to receive only half pay for such excess. The compensation of the members should be limited to two dollars per day until the state debt shali be paid, and not to exceed three dollars per day after that time. The legislature should elect no officers, except officers of their respective houses and senators of the United States. Ifs power to contract debts should be limited to one hundred thousand dollars, and not then without making provision for their liquidation. 2d. The judicial department should consist of one supreme court of three judges, to be elected in separate districts for the term of six years, and nine circuit judges, to be elected by the qualified voters of their re- spective circuits, for the term of six years, and of such inferior courts as this convention may ordain and establish. The judges of the supreme and circuit courts should receive the following salaries, to wit: the judges of the supreme court each dollars per annum, and the circuit judges each dollars per annum. The legislature should have power to increase the number of circuit judges when the business of the country shall require it. 3d. The executive department should consist of a governor and lieu- tenant governor, to be elected for the term of four years, and such sub- ordinate officers as may be necessary for the transaction of the business of the department. On motion of Mr. Woodson, The preamble and resolutions were laid on the table. Mr. Scates offered the following resolution: Resolved, That the several revenue clerks in each county in the state be required to compile and report, forthwith, to this convention a tabular statement in the following form, showing the aggregate value of all tax- able property, both real and personal; the amount per cent, levied upon the same for state purposes; the amount per cent, levied upon the same for county purposes; the aggregate amount of revenue derived from the same for state purposes; the aggregate amount of revenue derived from the same for county purposes / for each and every year since 1818, or June 10*] JOURNAL OF THE CONVENTION. 23 since the organization of the county, so far as the records and files of their respective offices, or other reliable sources of information, will enable them to do so. Resolved, That a copy of these resolutions and annexed tabular state- ment be transmitted forthwith by the secretary to each revenue clerk in this state. Tabular Statement. Year. Aggregate value of real and per- Am't per cent, levied tor state Am't percent, levied for Aggregate amount of state Aggregate am't of county sonal property. purposes. county pur- revenue. revenue. posese. 1819 $ cts. Cts. $ $ 18-20 1821 1823 18-24 &c. 1S45 Mr. Akin moved to strike out all after the word "resolved," and in- sert the following: " Thut the auditor of public accounts be requested to report to this con- vention the amount of revenue assessed in each county of the state of Illinois." Mr. Church moved to amend the amendment by adding at the end thereof: "also that the clerks of the county commissioners' courts in this state be requested to report the county indebtedness in each county to this convention.'* On motion of Mr. Constable, The amendment and the amendment to the amendment were severally laid on the table. Mr. Kenner moved to amend the resolution by striking out all after the word " resolved," and inserting in lieu thereof the following: ** That the secretary be requested to call on the auditor for the following information, in tabular form, relative to each county in this state, for the last ten years: the amount of real estate for each year, and the rate ot assessment for state and county purposes, separately; also, the same state- ment relative to personal ppoperty." On motion of Mr. Constable, j The amendment was laid on the table. On motion of Mr. Caldwell, > The resolution was laid on the table. 34 JOURNAL OF THE CONVENTION. [June 10. Mr. Archer offered the following preamble and resolution: Whereas a separation of the departments of government in the exercise of powers assigned to them by fundamental law, so as to keep each within the scope of its proper duties, is essential to every free government; there- fore, Resolved, That section 2d of article 1st of the constitution of this st, te } entitled "concerning the distribution of the powers of government," e amended as follows: No person or number of persons, being one of the departments of gov- ernment of this state, shall singly or collectively exercise pny power or perform any duties hereafter confided to either of the others; and section 19 of article 3 of the constitution of this state, constituting the judges of the supreme court of this state a council of revision, is hereby abolished. On motion of Mr. Archer, The preamble and resolution were laid on the table. Mi. Scales offered the following resolution: Resolved, That a special committee of fourteen be appointed by the president, whose duty shall be to apportion and distribute to the standing committees the appropriate subjects for their consideration. On motion of Mr. Knowlton, The resolution was laid on the table. Mr. McCallen offered the following resolution: Resolved, That the several standing committees of this convention be composed of members chosen, alternately, from each congressional dis- trict of the state, and that each committee shall elect its chairman .by ballot. On motion of Mr. Campbell of Jo Daviess, The resolution was laid on the table. Mr. Davis of Montgomery offered the following resolution: Resolved, That the committee on the Judiciary be and they are hereby instructed to report an amendment to the constitution providing lor the election of judges of courts in the following manner, to wit: The legal voters of the estate shall elect three judges of the supreme court by general ticket, whose duties !-ha!l be to hold the supreme court of the state, and hold their office for the term of six years, and until their successors are elected; each of which judges shall receive the sum of one thousand dollars per annum, and no more. The legal voters of each judicial circuit shall elect a circuit judge, who shall perform circuit duties, and shall hold their office for the term of six years, and receive a salary of one thousand dollars per annum, and no more. That they so amend the constitution as to abolish the council of re- vision. That the legal voters of each county in the state shall elect a clerk of the circuit court in each county, who shall hold their offices for six years, and until their successors are elected, whose fees shall be regulated by law. That the legal voters of each judicial circuit shall elect a district attor- ney, who shall hold their office for six years, and until their successors are elected, and receive the sum of dollars per annum. June 10.] JOURNAL OP THE CONVENTION. 25 On motion of Mr. Davis, The resolution was laid on the table. Mr. Palmer of Macoupin offered the following resolution: R"solved, That the judicial system of this state should be composed of a supreme court, circuit courts, and such inferior courts as shall be here- afte-f established bylaw. That the supreme court shall be composed of nu ; less than three nor more than five judges, who shall be appointed by the, governor, by and with the advice and consent of the senate; shall hold their offices for the term of ten years, and shall receive for their services a compensation not exceeding twelve hundred dollars per annum, and shall be ineligible to any other ofiice for and during the term for which they shall have been elected. That the state shall be divided into a convenient number of judicial cir- cuits, and in each of such circuits, there shall be elected, by. the legal voters thereof, a judge, who shall hold his office for the period often years; who shall receive for his services the sum of one thousand dollars per an- num, and shall be ineligible to any other office for and during the term for which he shall have been elected. Each of which said judges shall appoint a clerk of said courts in each of the counties of his circuit, who shall hold his office for and during the term for which said judge shall have been elected. On motion of Mr. Geddes, The resolution was laid on the table. Mr. Evey offered the following resolution: Resolved, That there shall be a general assembly of the state of Illinois, which shall consist of the senate and house of representatives. The sen- ate hereafter shall consist of twenty five members, and the house of rep- resentatives of fifty members, whose pay shall not exceed two dollars per diem. That hereafter there shall be but one session of the general assem- bly of Illinois in a period of four years, unless they are called together by the governor forborne specific purpose; and when they have performed the work specified by the governor for which they were called, they shall adjourn. The meeting of the general assembly shall be hereafter on the first Mon- day in January, and their session shall be confined to sixty days. The legislature shall be prohibited f rom loaning the credit of the state for the benefit of any person, body politic, or corporation whatever, except for war, to repel invasion, or to suppress insurrection, or unless it be for some specific object or work specified therein; and at the same time, they shall provide by law a tax for the payment of the interest promptly as it falls due, and for the payment of the principal in twenty years; but before said law shall be put in operation, it shall be submitted to the people for their sanction. On motion of Mr. Evey, The resolution was laid on the table. On motion, The convention adjourned until nine o'clock, to morrow morning 26 JOURNAL OF THE CONVENTION. (June 11, FRIDAY, JUNE! 11, 1841 The convention assembled pursuant to adjournmet. Prayer by Rev. Mr. Hale. The journal of yesterday was read. The president presented a writing purporting to be a petition or in- structions on various subjects, signed by seventy-four citizens of the state of Illinois, the reading of which was begun, when; On motion of Mr. Manly < The same was laid on the table. Mr. Northcott offered the following resolution : Resolved, That the constitution be so amended as to permit the legisla* ture to levy a poll tax of one dollar or less on each voter, to be appropri- ated to the liquidation of our state debt* On motion of Mr. 3tadden> The resolution was laid on the table. Mr. Rountree offered the following resolution: Resolved, That there shall be established in each of the counties of this state, and in each county hereafter to be created, a rourt of record, to be composed of the justices of the peace of the respective counties. That said court shall have a clerk, who shall be ex offido recorder of deeds, and register of probate. Said justices of the peace and clerk of said court shall be elected quadrennially by the qualified voters of the respective counties. On motion of Mr. Whitney, The resolution was laid on the table. Mr. Edmonson offered the fallowing: Whereas, retrenchment is one of the primary objects of this conven- tion, and the financial condition of our state demands that economy should be observed in every department of this government ; therefore, Resolved, That the general assembly of this state shall not consist of more than one hundred and twenty members, eighty in the house and forty in the senate. , Resolved^ That the sessions of the general assembly of this state shall not exceed sixty days, and the members of the same shall receive a com- pensation for their services of two dollars per day. Resolved^ That the general assembly of this state shall be convened on the 1st Monday in January, 1848, and thereafter there shall be biennial sessions of the legislature of this state, commencing ialways on the first Monday in January. On motion of Mr. Geddes, The preamble and resolutions were laid on the table. Mr. Jenkins offered the following preamble and resolutions : Whereas government is instituted for the common good ; for the pro- tection^ safety, prosperity, and happiness of the people, and the offices created for their benefit; dl officers, then, whether executive, legislative, or judicial, are the trustees and servants of the people, and at all times accountable to them. In order to prevent those who arc vested with an- June 11.] JOURNAL OF TH CONVENTION* 27 thority from becoming oppressors, the people have a right, in such manner as they may in a legal way prescribe, to cause their public officers to re- turn to private life, and to fill up vacant plavho)e to debate and vote on all subjects; and whenever the senate are equally divided to give the casting vote. SEC. 15. Whenever the government shall be administered by the lieu- tenant governor, or he shall be unable to attend as speaker of the senate, the senators shall elect one of their own member?, as speaker for that oc- casion ; and if, during the vacancy of the office of governor, the lieuten- ant governor shall be impeached, removed from office, re/use to qualify, or resign or die, or be absent from the state, the speaker of the senate shall in like manner administer the government. SEC. 16. The lieutenant governor, while he acts as speaker of the sen- ale, shall receive for his services the same compensation which shall, for the same period, be allowed to the speaker of the house of representa- tives, and no more. SEC. 17. If the lieutenant governor shall be called upon to adminsler the government, and shall, while in such administration, resign, die, or be absent from the statejiuring the recess of the general assembly, it shall be the duty of the secretary of state, for the time being, to convene the sen- ate, for the purpose of choosing a speaker. SEC. 18. In case of impeachment of the governor, his absence from the state, or inability to discharge the duties of his office, the powers, duties and emoluments of the office shall devolve upon the lieutenant gov- ernor; and in rase of his death, resignation or removal, then upon the speaker of the senate for the time being, until the governor, absent or impeached, shall return or be acquitted, or until tlie disqualifi< ation or inability shall cease, or until a new governor shall be elected and quali- fied. SEC. 19, In case of a vacancy in the office of governor, from any oth- er cause than those herein enumerated, or in case of the death of the governor elect, before he is qualified into office, the powers, duties, and emoluments of the office shall devolve upon the lieutenant governor or speaker of the senate, as above provided for, until a new governor be elected and qualified. SEC. !20. Every bill which shall have passed the senate and house of representatives shall, before it becomes a law, be presented to the gover- nor; if he approve, he shall si^n it; but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter 64 JOURNAL OF THE CONVENTION. [June 18. the objections at large on their journal and proceed to reconsider it. If, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present, it shall become a law, notwithstanding the objections of the governor. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the mem- bers voting for or against the bill shall be entered on the journal of each house, respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted ) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislature shall, by their adjournment, prevent its return, in which case, the said bill shall be returned on the first day of the meeting of the general assembly after the expiration of said ten days, or be a law. SEC. 21. The governor shall nominate, and by and with the advice of the senate, appoint a secretary of state, who shall keep a fair register of the official acts of the governor, and when required shall lay the same and all minutes and vouchers relative thereto, before either branch of the gen- eral assembly, and shall perform such other duties as shall be assigned him by law. SEC. 22. All grants and commissions shall be sealed with the great seal, signed by the governor, or person administering the government, and countersigned by the secretary of state. SEC. 23. The governor and all other civil officers under this state shall be liable to impeachment for misdemeanor in office during their continu- ance in office and for two years thereafter. Which article, On motion of Mr. Caldwell, Was laid on the table, and 200 copies thereof ordered to be printed for the use of the convention. The question was then put upon discharging said committee from the further consideration of the propositions named, and decided in the affir- mative; and said propositions, On motion of Mr. Davis of McLean, Were referred to the committee on the Organization of Departments and the offices connected with the Executive Departments, except the 10th proposition; which, On motion of Mr. Caldwell, Was referred to the committee on the Judiciary Department. Mr. Jenkins, from the committee on the Division of the State into Coun- ties, &c., to which was yesterday referred the resolution offered by Mr. Brockman, proposing that counties hereafter formed by the legislature contain an area of not less than 400 square miles, made report, asking that the committee be discharged from the further consideration of the reso- lution. Mr. Davis of McLean moved that the resolution be recommitted, with instructions to that committee as follows: "To report a provision to be inserted in the constitution, providing that no new county shall be established by the general assembly which shall reduce the county or counties, or either of them, from which it shall be June 18.] JOURNAL OP THE CONVENTION. 65 taken to less contents than four hundred square miles; nor shall any coun- ty be laid off of less contents, or any line of which shall pass within less than ten miles of any county seat already established." Mr. Logan moved to amend the instructions by adding thereto the fol- lowing: u And that no county shall be divided or have any part thereof stricken off without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county shall vote >r the same." Mr. Geddcs offered the following as an amendment to be added to the amendment: "Resolved, That the committee on the Division of the State into Coun- ties be and are hereby instructed to inquire into the expediency of so amending the constitution, as that the legislature shall not have power to remove the county seat of any county from any position nearly central to a position more remote from the centre." On motion, The convention adjourned to 3 o'clock, P. M. THREE O'CLOCK, P. M. The convention assembled pursuant to adjournment. The question pending at the adjournment this morning was on the amendment proposed by Mr. Geddes to the amendment proposed by Mr. Logan to certain instructions; when, Mr. Geddes withdrew his proposed amendment. Mr. Caldwell offered the following, to be added to the amendment of- fered by Mr. Logan: "Provided, That^the foregoing restrictions shall not affect the creation of any new county under any existing law of this state." On motion of Mr. Davis of Montgomery, The proposed provision was laid on the table. Mr. Kenner offered the following, as an amendment to be added to the amendment: " Any portion of a county may be sfricken off and added to a county which does not contain an area of four hundred square miles, upon a vote of three-fourths of the legal voters in favor of the same, within the bounds of the district proposed to he stricken off; and provided it does not con- flict wiih the foregoing restrictions of coming within ten miles of a coun- ty seat and does not reduce the county from which it is taken to less than 400 square miles." Mr. Markley moved to lay the whole subject on the table; The question having been taken, by yeas and nays, on the motion, It was decided in the negative, JKT 5 G6 JOURNAL OF THE CONVENTION. [June 18. Those voting in the affirmative, are, Mr. Akin Mr. Cloud Mr. Lasater Allen Dale London Archer Dement McCallen Blair Dunsrnore Markley Bosbyshell Edwards of Madison Norton Biown Graham Pace Butler Harding Pratt Crain Hayes Powers Canady Heacoek Roman Caldwell Jenkins Smith of Gallatin Campbell of McDonough Judd Carter Knapp of Jersey Tutt Tuttle Z. Casey Kreider Those voting in the negative, are, Mr. Adams Mr. Hawley Mr. North cott Anderson Hay Oliver Armstrong Henderson Palmer of Macoupin Atherton Hill Palmer of Marshall Blakely Ballingall Hoes Hogue Pinckney Rives Brock man Holmes Robbins Bond Hunsaker Robinson Bunsen Hurlbut Rountree Campbell of Jo Daviess Huston Scales F. S. Casey Jackson Stadden Choate Jam-es Swan Colby Jones Shields Cross of Winnebago Knapp of Scott Spencer Church Kenner Sherman Churchill Kinney of Bureau Servant Davis of Montgomery Kmney of St. Clair Sibley Davis of McLean Kitchell Sim Davis of Massac Knox Simpson Dawson Lander Singleton Beitz Laughlin Shumway Dumrner Lemon Thomas Dunlap, Linley Thompson Dunn Lockwood Thornton Edwards of Sangamon Logman Trower Eccles Me Cully Turn bull Edmonson McClure Turner Evey McHatton Vance Fnck Manly Vernor Geddes Marshall of Coles We ad Green of Clay Marshall of Mason Webber Green of Jo Daviess Mason West Green of Tazewell Mi pure Wil iams Gregg Min 4. AH lands belonging to the school fund of any township in this stale, and every school house, court house, and jail, and all county lands and buildings set apart for county purposes not to exceed five acres. i f >. Every building erected for religious worship, the pews and furni- ure within the same, and the land whereon such building is erecied, not exceeding ten acres. kC 6. Ever) building erected for the use of any literary, religious, be- nevolent, charitable, or scientific institu!ion, and the tract of Jnnd on which ,he same is situated, not exceeding ten acres; also the personal property belonging to any such institution and connected with and set apart for he use thereof." On motion of Mr. Jones. The report was laid on the table, and two hundred copies ordered to be printed for the use of ihe convention. Mr. Thomas, from the minority of the committee on Revenue, reported 80 JOURNAL OF THE CONVENTION. [June 23. the following sections to be inserted in the constitution on the subject of revenue: SECTION 1. For the purposes of defraying the charges and expenses incident to the existence and administration of government, the inhabit- ants of and property within the state shail be assessed and taxed by uni- form and equal rates. Property shall be taxed according to its value, to be ascertained in the manner herein prescribed. The objects of taxation shall be lands, tenements, and hereditiments, capital invested in corpora- tions or associations, franchises, stock in trade, money deposited or loaned at interest, personal property of every description, auctioneers, brokers, pedlers, retailers of spirituous or other liquors, commission merchants, and male inhabitants over twenty-one and not exceeding sixty years of age. SEC. 2. The lands subject to taxation shall be divided into not less than six classes, upon each of which a valuation shall be fixed by law, the min- imum whereof shall not be less than one dollar and twenty-five cents per acre. The lands in the several countiss shall be classed and apportioned according to quality and situation by persons appointed for that purpose, once in every five years, but not more than one-third of the lands in any county shall be placed in either of the three classes of least value, at the time, and by the persons making the classification and apponionment aforesaid. An estimate shall be made of the value of the improvements upon each lot or tract of land, and the value thereof shall be set down and classed separately, and said lands and improvements shall be taxed for the succeeding five years, according to the said valuation. ^EC. 3. City, town, and village lots, with the improvements thereon, shall form a sep irate class of taxable property, and shall be valued annu- ally. Capital invested in corporations, or associations, franchises, stock in trade, money deposited or loaned at interest, and personal property, shall each form a separate class, and shall be valued annually. Auction- eers, pedlers, brokers, commission merchants, retailers of spirituous or other liquors shall be taxed as the general assembly may direct. SEC. 4. Every male inhabitant over twenty-ope, and not exceeding sixty years of age, shall pay an annual tax of not less than fifty cents, nor more than one dollar, which shall be applied, first, to the payment of in- terest on the school, college, and seminary funds, on indebtedness of the state, the county and township school funds, and to literary institutions incorporated by the state; and the residue, if any, to the payment of oth- er state indebtedness. SEC. 5. When the poll tax, herein provided for, shall be fixed at one dollar, no person paying said tax shall be required to perform more than one day's labor on the public roads during the year; but when said tax shall be fixed at less than one dollar two days of such labor may be re- quired. SEC. 0. The corporate authorities of counties, townships, schoDl dis- tricts, cities, towns, and villages, may be vested with power to assess and collert taxes for corporate purposes; such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same. SEC. 7. The following property shall be exempt from taxation, viz: The poultry and household and kitchen furniture used by families not ex- * ne 23.] JOURNAL OF THE CONVENTION. SI cceding in value one hundred dollars, and wearing apparel, property be- longing to, or held in trust by, the state, or to any county, township, or school district, or to cities, towns or villages, and held for public use pro- perty owned and used by corporate bodies for purposes of education or religious worship, or the burial of the dead; but the general assembly shall have power to limit the quantity of land to be exempt as Aforesaid. SEC. 8. The specification of the objects and subjects of taxation shall not deprive the general assembly of the power to require other objects-op- subjects to be taxed in such manner as may be consistent with the prin- ciples of taxation (ixed in this constitution. On motion of Mr. Thomas, The report was laid on the table, and two hundred copies ordered to be printed for the use of the convention. Mr. Dement, from the committee on the Legislative Department, to which was referred sundry resolutions and propositions at different times, and which committee had been instructed to inquire into the expediency of divers matters, reported the same back, accompanied by the following report: The commmittec on the Legislative Department, having considered the subjects submitted to them, report the following proposed sections to the constitution: SECTION 1. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representa- tives, both to be elected by the people. SEC. 2. The first election for senators and representatives shall be held on the first Monday October, one thousand eight hundred and forty- eight; and forever thereafter elections for members of the general assem- bly shall be held once in two year?, on the first Monday in October, in each and every county, at such places therein as may be provided by law. SEC. 3. No person shall be a representative who shall not have attain- ed the age of t weft ty five years, who shall not be a citizen of the United States, and an inhabitant of this state, who shall not have resided within the limits of the county or district in which he shall be chosen twelve months next preceding his election, if such county or district shall have been so long created; but if not, then within the limits of the county or counties, district or districts, out of which Ihe same shall have been taken, unless he shall have been absent on the public business of the United States, or of this state; and who, moreover, shall not have paid a state or county tax. SEC. 4. No person shall be a senator, who shall not have attained the age of thirty years, who shall not be a citizen of the United States, and who shall not have resided one year in the county or district in which he shall be chosen, immediately preceding his election, if such county or district shall have been so long erected ; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States, or of this state, and shall not, more- over, have paid a state or county tax. Sec. 5. The senators, at their first session herein provided for, shall be divided by lot from their respective counties, or districts, as near as can 6 8-2 JOURNAL OF THE CONVENTION. [June 23 be, into two classes. The seats of the first class shall shall be vacated at the expiration of the second year; and those of the second class at the expiration of the fourth year; so that one-half thereof, ss near as possible, may be biennially chosen forever thereafter. JSEC. 6. The senate shall consist of twenty-five members, and the house of representatives shall consist of seventy-five members, never to be increased nor diminished, to be apportioned among the several counties as herein provided for, and until there shall be a new apportionment of the senators and representatives, the state shall be divided into senatorial and representative districts, and the senators and representatives shall be ap- portioned among t'ie several districts as follows, viz: SEC. 7. The first session of the general assembly shall commence on the first Monday of January, one thousand eight hundred and forty-nine; and forever thereafter the general assembly shall meet on the first Mon- day in January next ensuing the election of the members thereof, and at no other period, unless as provided by this constitution. SEC. 8. The senate and house of representatives, when assembled, shall each choose a speaker and other officers; (the speaker of the senate excepted,) each house shall judge of the qualifications and elections of its members, and sit upon its own adjournments. Two-thirds of each house shall constitute a quorum, but a smaller number may adjourn from day to day, and compel the attendance of absent members. SEC. 9. Each house shall keep a journal of its proceedings and publish them; the yeas and nays of the members on any question shall, at the de- sire of any two of them, be entered on the journals. SEC. 10. Any two members of either house shall have liberty to dis- sent and protest against any act or resolution which they may think in- jurious to the public, or to any individual, and have the reasons of their dissent entered on the journals. SEC. 11. Each house may determine the rules of its proceedings; punish its members for disorderly behavior; and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause. SEC. 12. When vacancies shall happen in cither house, the governor, or the person exercising the powers of governor, shall issue writs of elec- tion to fill such vacancies. SEC. 13. Senators and representatives shall, in all rases except trea- son, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not I e ques- tioned in any other place, SEC. 14. Each hou*e may punish, by imprisonment during its session, any person, not a member, who shall be guilty of disrespect to the house, by'any disorderly or contemptuous behavior in their presence; provided such imprisonment shall not, at any one time, exceed twenty four hours. SEC. 15. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as in the opinion of the house require seciecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting. SEC. 16. Bills may originate in cither house, but may be altered, 'une 23.] JOURNAL OF THE CONVENTION. 83 . Ju amended, or rejected by the other, and on the final passage of all bills the vote shall be by yeas and nays, and shall be entered on the journal. See. 17. All bills for raising a revenue shall originate in the house of representatives, subject, however, to amendment or rejection, as in other cases. SEC. 18. Ever)* bill shall be read on three different days in each house, unless, in case of urgency, three-fourths of the house where such bill is so depending shall deem it expedient to dispense with this rule; and eveTy" bill having passed both houses, shall be signed by the speakers of their re- spective houses. And no private or local law which miy be passed by the legislature, shall embrace more than one subject, and that shall be ex- pressed in the title, and no general law shall be in force until published. EC. 19. The style of the laws of the state shall be, " Be it enacted by the people of the state of Illinois, represented in the general assembly. SEC. 20. The sum of two dollars per day, for the first forty-two days' attendance, and one dollar per day for each day's attendance thereafter, and ten cents for each necessary mile's travel going to and returning from the seat of government, shall be allowed to the members of the general assembly, as a compensation for their services. SEC. 21. No money shall be drawn from the treasury but in conse- quence of appropriations made by law; and an accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws at the rising of each session of the general assem- bly. SEC. 22. No senator or representative shall, during the time for which he shall have been elected, or during one year after the expiration there- of, be appointed or elected to any civil office under this state, which shall have been created, or the emoluments of which shall have been increased during such time. SEC. 23. The house of representatives shall have the sole power of impeaching, but a majority of all the members present must concur in an impeachment. All impeachments shall be tried by the senate; and when sitting for that purpose, the senators shall be upon oath or affirma- tion to do justice according to law and evidence. No person shall be con- victed without the concurrence of two thirds of all the senators present. SEC. 24. The governor and all other civil officers under this state shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than to removal from office, and dis- qualification to hold any office of honor, profit, or trust under this state. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment according to law- SEC. 25. No judge of any court of law or equity, secretary of state, attorney general, attorney for the state, register, clerk of any court of re- cord, sheriff or collector, member of either house of congress, or person holding any lucrative office under the United States, or this state, (pro- vided that appointment? in the militia, postmasters or justi< es of the peace, shall not be considered lucrative offices.) shall have a seat in the genenl assembly; nor shall any person holding any office of honor or profit under the government of the United States, hold any office of honor or profit under the authority of this state. 84 JOURNAL OF THE CONVENTION. [June 23. SEC. 26. Every person who shall be chosen or appointed to any office of trust or profit, shall, before entering upon the duties thereof, take an oath to support the constitution of the United States and of this state, and also an oath of office. SEC. 27. The general assembly shall have full power to exclude from the privilege of electing or being elected, any person convicted of bribe- ry, perjury, or any other infamous crime. SEC. '28. The general assembly shall have no power to grant divorces, but may authorize the courts of justice to grant them for such causes as may be specified by law; Provided, that such laws be general and uniform in their operation throughout the state. SEC. 2'J. The general assembly shall have no power to authorize lot- teries for any purpose, and shall pass laws to prohibit the sale of lottery tickets in this state. SEC. 30. The general assembly shall have no power to authorize, by private or special law, the sale of any lands or other real estate belong- ing in whole or in part to any minor or minors, or other person or per- sons who may at the time be under any legal disability to act for them- selves. SEC. 31. The general assembly shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals inconsistent with the general laws of the land ; nor to pass any law granting to any individual or individuals, rights, piivileges, immunities or exemptions, other than such as may be, by the same law, extended to any member of the community, who may be able to bring himself within the provisions of such law; nor shall the legisla- ture pass any law, whereby any person shall be deprived of his life, liber- ty, property or franchises without trial and judgment. SEC. 32. In the year one thousand eight hundred and fifty-five, and every tenth year thereafter, an enumeration of all the white inhabitants of this state shall be made in such manner as shall be directed by law; and the number of senators and representatives, shall, at the first session of the general assembly holdcn after the returns herein provided for are made, be apportioned among the several counties or districts to be established by law, according to the number of white inhabitants. SEC. ?>3. The state may, to meet casual deficits of failures in revenues, contract debts, but never to exceed in the aggregate fifty thousand dol- lars, and no debt for any other purpose, except to repel invasion, suppress insutrcction, or defend the state in war, for payment of which the faith of the state shali be pledged, shall be contracted, unless the law author- izing the same, shall, at a general election, have been submitted to the people, and have received a majority of all the votes cnst for and against it at such election. SEC. 34. The credit of the state shall not, in any manner, be given or loaned to, or in aid of, any individual, association, or corporation. SEC. 35. The legislature shaM provide by law, that the fuel and sta- tionery furnished for the use of the state, the copying, printing, and dis- tributing the laws and journals of the general assembly shall be let by con tract to the lowest responsible bidder, and that no member of the gener- al assembly, or other officer of the state, be interested either directly or indirectly in any such contract. June 21.] JOURNAL OF THE CONVENTION. Mr. Constable moved that the report be laid on the- table, and two hun- dred copies thereof printed Tor the use of the convention. On motion, The convention adjourned until to-morrow morning, 9 o'clock. THURSDAY, JUNE 24, 1S47. Convention met pursuant to adjournment. Prayer by Rev. Mr. Hale. The question pending at the adjournment on yesterday, was on a mo- tion made by Mr. Constable to lay on the table and order the printing of two hundred copies of the report, made by Mr. Dement, from the commit- tee on the Legislative Department; The question was taken, and decided in the affirmative. On motion of Mr. Constable, The order of business was suspended to enable him to offer an order; when he offered the following: Ordered, That the door-keeper of this convention be instructed to con- tract for the delivery daily of a sufficient quantity of ice for the use of this body. Mr. Scates moved to amend the order by adding thereto the words u for the use of such members as furnish the money to pay for it." Mr. Servant moved to amend the amendment by adding thereto the following: ;; And that no person be permitted to use any of said ice, unless he has furnished his portion of the money with which to purchase it." Mr. Witt moved to lay the amendments on the table, Mr. Campbell of McDonough moved to lay the whole subject on the table. Mr. Witt called for a division. The question was then taken on laying the amendment to the amend- ment on the table, and decided in the affirmative. The question WHS then taken on laying the amendment to the order on the table, and decided in the affirmative. The question was then taken, by yeas and nay?, on-laying the order on the table, And decided in the affirmative, \ XT ea? ' Q t (Nays, -ok Those voting in the affirmative, are, Mr. Adams Akin Allen Anderson Archer Armstrong Atherton Blair Blakely Ballingall Brockrnan Mr. Bosbyshell Bunsen Butler Grain Canady Campbell of McDonough Carter F. S. Casey Zadok Casey Colby Cross of Wood ford Mr. Cloud Dale Davis of Montgomery Davis of Massac Dawson Delta Dement Dunn Dunsmore Eccles Edmonson 86 JOURNAL OF THE CONVENTION. [June Mr. Evey Farwell Friek Graham Green of Tazewell Gnmshaw Harlan Harper Harvey Hatch Hawley Hay Henderson Hill Hogue Hwnsaker Hurlbut Huston Jackson James Jenkins Jorieg- Judd Kreid'er Kenner Mr. Kinney of Bureau Kitchell Lander Laughlin Lemon Lin ley Logan Loud on McCuHy McHatton Manly Marshall of Coles Marshall of Mason MSSO& Mieure Moffett Moore Morris Nichote liver Pace Palmer of Marshall Pratt Powers Mr. Rives Robbing Robinson Rountree Scates Swan Shields Spencer Sharpe Sherman Sim Simpson Smith of GaHalin Smith of Macon Shumway Thornton Trower Turnbull Turner Vance Vernor Webber West Whitney Woodson, Those voting in the negative, are 7 Mr. BOTI<$ Constable Cross of Winnebago Churchill Davis of McLean Mr. Heacock Mr. Pinckney Hoes Roman Knapp of Jersey Stadden Knapp of Scott Servant Knox McCallen Thompson Tutt Mcdur* Wead Miller William* Minshall Witt Palmer of Macoupro Whiteside Peters Worcester, Edwards of Madison Edwards of Sangamcn Geddes Green of Jo Daviess Gregg Harding Mr. Archer, from the committee on the Organization of Departments, and offices connected with t'he Executive Department, to which was re- ferred certain resolutions instructing said committee to inquire into the propriety of providing for <; the ejection of an auditor of public accounts,' 7 with sundry othtr propositions, reported that the committee had had the same under consideration, and had instructed him to report the following provisions as amendments to the constitution : SEC. -. There shall be chosen by the qualified electors throughout the stale, an auditor of puMic accounts, who shall hold his oftice for the term of four years, and whose duties shall be regulated by law, and who shall receive a salary of one thousand dollars per annum for his services. SEC. . There shall be elected, by the qualified voters throughout the state, a state treasurer, who shall hold his office for two years, whose du- ties may be regulated by law, and who shall receive a salary of eight hundred dollars per annum. SEC. , There shall be elected, by the qualified voters throughout the state, a secretary of state, who shall hold his office for the same time as the governor, and who shall receive a salary of eight hundred dollars per annum. He shall keep a fair register of the official acts and proceed- * ne 24] JOURNAL OF THE CONVENTION. 87 ings of the governor, and shall, when required, lay the same -and all pa- pers, minutes, and vouchers, relative thereto before the general assembly, and shall perform such other duties as may be required of him by law. g Ec . . The general assembly shall advertise for sealed proposals to be received at the office of the secretary of state, for printing and bind- ing the laws and journals and all other papers required or directed to be printed, and shall let out the same to the lowest responsible bidder." The committee also reported back the resolution "providing for tbe_ election by the proper circuit of one stitc's attorney," &c , and recom- mended its reference to the committee on the Judiciary Department. On motion of Mr. Archer, The report was laid on the table, and two hundred copies of the sec- tions therein reported ordered to be printed for the use of the conven- tion. Mr. Gregg, from the select committee to apportion the state into sena- torial and representative districts, reported the following resolution, and recommended its adoption: Resolved, That the auditor cause to be made for the use of the commit- tee on apportioning the state into representative and senatorial districts, thirty outline maps; and it is further Resolved, That there be printed for the use of the said committee and the convention two hundred copies of the census of 1845, as corrected at the last session of the general assembly. Mr. Shumway moved to amend the resolution by inserting after the word "maps" the following: " And that the number of white inhabitants of each county? as appears by the last census, be written upon the surface of the maps within the lines of each county." The question was taken on agreeing to the amendment, and decided in the affirmative. The question wa* then taken on adopting the resolution, as amended, and decided in the affiimative. Mr. Scales offered the following: Resolved, That the committee on Finance inquire into the expediency of taxing tho public lands. On motion of Mr. Scales, The consideration of the resolution was postponed until Wednesday next. On motion of Mr. Dawson, Resolved, That the committee on the Bill of Rights be instructed to in- quire into the expediency of engrafting a provision in the constitution hav- ing for its object the suppression of duelling. On motion of Mr. Wcad, Resolved, That a special committee of eleven persons be appointed to inquire into the expediency of abolishing the county commissioners' court, and providing for the organization of townships, which townships shall have the general superintendance of their fiscal affairs; and also to report a plan for the better administration of county affairs. Ordered, That Messrs. Wead, Davis of Massac, Williams, Cross of Winnebago, Scales, ITarlan, Davis of McLean, Brown, Kinney of St, Clair, Peters, and Pratt, be that committee, R8 JOURNAL OF THE CONVENTION [June 24. Mr. Geddrs ofTered the following: Resolved, That the committee on Military Affairs be and is hereby in- structed to inquire into the expediency of so amending the constitution by adding to the 5th article and 2d section the following: Provided, That all persons who do not do military duty according to law, shall pay a fine of from fifty cents to one dollar, to be collected as other tax and applied to common school purposes. Provided^ That when the companies are organized, the captain or com- manding officer shall make out a list of the delinquents, and place them in the hands of the collector. Provided, also, That when there is no organization the tax above stated shall be assessed on all free white male inhabitants over the age of eigh- teen and under forty-five, and collected and applied as above stated. Mr. Church offered the following to be added to the resolution: Provided, That any poll tax that may, by law, be levied and collected shall be in lieu of mi'itary duly. Mr. Shields moved to lay the resolution and amendment on the table. Mr. Marshall of Mason called for a division; The question was taken on laying the amendment on the table, and de- cided in the affirmative. The question was taken on laying the resolution on the table, and de- cided in the affirmative. Mr. Rountree offered the following: Resolved* That the committee on Revenue be instructed to inquire into the expediency of fixing a maximum rate of taxation, to continue for years. The previous question having been moved, it was ordered to be put. The question was accordingly taken upon the adoption of the resolu- tion, and decided in the affirmative. Mr. Keriner offered the following: Resolved, That the committee on the Legislative Department inquire into the propriety of limiting the action of the general assembly so as to prohibit them from passing any law, f,he power to pass which is not di- rectly guarantied in the constitution. Resolved, That the committee on the Legislative Department be instruc- ted to inquire into the propriety of so amending the constitution as to re- quire the yeas and nays to be taken on the final passage of all laws, and whether any bill ought to become a law unless the same receive the sanc- tion of a majority of all the members elect in both branches of the gen- eral assembly. On motion of Mr. Constable, The resolutions were laid on the table. On motion of Mr. Kitchcll, Resolved^ That the committee on Law Reform be instructed to inquire into the expediency of providing an article in the constitution which will prohibit the general assembly hereafter from amending any general law, by its title, but that where it becomes necessary to amend any law, tho amendment shall be incorporated with the original act, and both be to- gether passed and published, in order that the whole law, upon any sub- ject, may be rr.oro easily and certainly known and understood by the people. me 2-1.] JOURNAL OF THE CONVENTION. 89 Revoked, That the committee on Law Re r orm be instructed to report to this convention, at as early a day as practicable, an amendment to the constitution, providing that no act of the general assembly, hereafter to be passed of a general character, shall be in force until the same shall be published and transmitted to the several counties in the state, in order that the people of the state may know what changes are made, or new laws enacted before they are to be effected by them. On motion of Mr. Churchill, Resolved, That a committee be appointed by the president, to which when appointed is, by this resolution, referred the subject of agriculture, agricultural statistics, geology, minerology, salines, and internal improve- ment, with instructions to inquire into and report what constitutional pro- visions, if any, the several subjects require. Ordered, That Messrs. Churchill, Dale,McCallcn, Webber, Brockman, Green of Jo Daviess, and Matheny be that committee. Mr. Campbell of McDonough offered the following: Resolved, That the president of this convention be requested to make out and file in the office of the auditor of public accounts, on the 24th inst., a certificate or pay-roll, authorizing the auditor to pay to each delegate and officer of this convention the amount of their per diem pay up to the *23d inst., and the full amount of their mileage. Mr. Davis of McLean moved to lay the resolution on the table. The question was taken, and decided in the negative. Mr. Woodson offered the following as an amendment to the resolution: *' Provided, said sum shall not exceed two dollars per diem/' Mr. Davis of Massac moved to Jay the amendment on the table. The question was taken, by yeas and nays, on laying on table, . Si And decided in the affirmative, Those voting in the affirmative, are, CO Mr. Adams Akin Anderson Armstrong Blair Blakely Ballingall Brockman Bosby shell Bunsen Butler Carter Colby Cross of Winnebago Cloud Church Churchill Davis of Montgomery Davis of Massac Dement Dtimmer Dunn Edrnonson Farwell Mr. Frick Geddes Green of Jo Daviess Grimshaw Hatch Hawley , Heacock Henderson Hill Hoes Hogue Hurlbut Huston Jackson Jenkins Knapp of Jersey Kenner Kinney of Bureau Kinney of St. Clair Lander Laughlin London McCallen McClure Mr. McHatton Manly Marshall of Coles Marshall of Mason Mason Minshall Moffett Moore Morris Nichols Norton Oliver Pace Palmer of Macoupin Pratt Pinckney Rives Robbins Roman Swan Sharpe Servant Sibley Smith of Gallatin 90 Mr. Thompson Thornton Trower JOURNAL OP THE CONVENTION. [June 21. Mr. Turner Tutt Vance Mr. We ad Webber Whitney. Those voting in the negative, are. Mr. Allen Mr. Harper Mr. Powers Atherton Harvey Robinson Bond Hay Rountree Canady Hunsaker Scates Campbell of McDonough James Stadden F. S. Casey Jones Shields Z. Casey Juddl Spencer Choate Knapp of Scott Sim Constable * Kreider Simpson Dale Kitchell Smith of Macon Davis of McLean Knowlton Shumway Dawson Knox Turnbull Edwards of Madison Lasater Tattle Edwards of Sangamon Lemon Vernor Eccles Linley West Evey Logan Williams Graham McCully Witt Green of Tazewell Mieure * Whiteside Harding Miller Woodson Harlan Palmer of Marshall Worcester. The question was then taken on the adoption of the resolution, and de- cided in the affirmative. On motion of Mr. Kitchell, Leave of absence was granted to Mr. Green of Clr.y for six days. On motion, The convention adjourned to four o'clock, P. M. FOUR O CLOCK, P. M. The convention met pursuant to adjournment. Mr. Robbins offered the following: Resolved, That the committee to provide for the alteration and amend- ment of the constitution, inquire into the expediency of amending article 7th of the constitution, by substituting in place thereof the following, to wit: " Whenever two-thirds of the general assembly of this state shall think it necessary to alter or amend this constitution, they shall propose such alterations or amendments to the people; and it shall be the duty of the governor, by proclamation, to lay the same before the people, at least four months before the next ensuing election for members of the general as- sembly; and if a majority of all the members of both branches of the general assembly, elected at the said election, shall approve of all or a part of the said proposed amendment?, the amendment or amendments so approved of shall be submitted to the people for their ratification or re- jection, and such amendments as shall be so ratified by a majority of the legal voters of the state, shall become a part of the constitution." June C J4.J JOURNAL OF THE CONVENTION. 01 Mr. Kitchcll moved to strike oiit all after the word " resolved," and insert the following: 64 That the committee on the Revision and Adjustment of the articles of amendment of the Constitution be instructed to report an article to this convention so amending the seventh article of the constitution ns to pro- vide that hereafter the constitution may be amended by articles agreed to by two-thirds of the general assembly, and approved by a majority of the qualified voters of the state at some general election, without requiring the call of a convention/' Mr. Eccles moved to amend the proposed substitute by striking out the word " report," and inserting in lieu thereof the words " inquire into the expediency of reporting." The question was taken on agreeing to the amendment to the amend- ment, and decided in the affirmative. Mr. Marshall of Coles moved further to amend the substitute by ad- ding thereto the following proviso: " Provided, That the people shall not be called upon to vote upon more than one amendment to the constitution in any one year." The question was taken on agreeing to the proviso, and decided in the negative. Mr. Davis of Massac moved to lay the resolution and substitute on the table. The question was taken, and decided in the negative. Mr. Deitz offered the following as a proviso, to be added to the resolu- tion: ''Provided, That such proposed amendment or amendments shall not be entertained more than once in five years." The question was taken on agreeing to the proviso, and decided in the negative. On motion of Mr. Edwards of Madison, The amended substitute was laid on the table. Mr. Kenner offered the following as a proviso to be added to the reso- lution: Provided, That the legislature shall not act upon more than one of the following divisions in the constitution at the same session: the judiciary, legislative or executive. On motion of Mr. Constable, The proposed proviso was laid on the table. O,n motion of Mr. Cross of Winnebago, The previous question was ordered. The question was taken on the adoption of the resolution, and decided in the affirmative. On motion of Mr. Spencer, Resolved, That the committee on Law Reform be requested to inquire into the expediency of exempting the property of married women from attachment or execution, sale or distress, by virtue of any legal process against the husband, by a provision to be inserted in the amended consti- tution. On motion of Mr. Logan^ The following additional rule was adopted: 92 JOURNAL OF THE CONVENTION. [June&i. " Two-thirds of the convention shall be necessary to constitute a quo- rum to do business; but any number of members, at or after the time to which the convention shall have adjourned, or while the convention is in session, shall have power to order a call of the convention, and to enforce the attendance of absent members." On motion of Mr. Bosby shell, Resolved, That the auditor of state be requested to report to this con- vention, at as early a day as practicable, the amount of real and personal property in this state, subject to taxation in the years 1830 and 1840. On motion of Mr, Grain, Resolved, That the committee on the Legislative Department be instruc- ted to inquire into the propriety of so amending the constitution as to pro- hibit the holding of two or more lucrative offices, at the same time, by one person. Mr. Kenner offered the following: Resolved, That the committee on Counties be instructed to inquire into the propriety of so amending the constitution as to permit any portion of a coun'.y, containing more than four hundred equare miles, to be stricken off and added to a county of less than four hundred square miles, upon a majority of three-fourths of the legal voters in said district proposed to be stricken off; Prowded t That the county from whence it may be taken shall not be reduced to an area of less than four hundred square miles, nor the county lines brought within ten miles of any county seat. Which was, On motion of Mr. Knowlton, Laid on the table until the 4th of July, 1849. Mr. Bond offered the following: Resolved, That the committee on Bill of Rights be instructed to report for adoption by this convention, as an article of the new constitution of this state, a clause prohibiting free negroes from hereafter emigrating to and settjing within the bounds of this stare, and to prevent the owners of slaves in other states from bringing them into and setting them free in this state, with such penalties annexed as will be calculated to effectuate the object in view. Mr. Adams moved to strike out all after the word " resolved," and in- sert in lieu thereof the words: "That the legislature shall have no power to pass laws of an oppressive character applicable to persons of color." On motion of Mr. Shields, The amendment was laid on the table, by yeas and nays: < X T Cas ' " J (Nays, . 46 Those voting in the affirmative, are, Mr. Akin Mr. Campbell of McDonough Mr. Dawson Allen F. S. Casey Dement Anderson Z. Casey Dunsrnoie Atherton Constable Edwards of Madison Blakely Cloud Edwards of Sangamon Brockman Churchill Eccles Bond Davis of Montgomery Edrnonson Grain Davis of Massac Evey June 25.] JOURNAL OF THE CONVENTION. Mr. Frick Graham Geddes Green of Jo Daviess Grimshaw Harlan Hawley Hunsaker Huston James Jenkins Jones Kriapp of Jersey Knapp of Scott Kreider Kenner Kinney of St. Clair Kitchell Lander Lasater Laugh lin Lemon Logan Mr. London McCallen McCully McClure McHatton Manly Marshall ot Coles Marshall of Mason Mieure Miller Minshall Moore Morris Oliver Pace Palmer of Maconpin Palmer of Marshall Rives Robbins Robinson Roman Rountree Scales Those voting in the negative, are, Mr. Adams Armstrong Blair Ballingall Bunsen Butler Can ad y Carter Choate Colby Cross of Winnebago Church Dale Davis of McLean ^ Deitz Durnmer Mr. Dunn Green of Tazevrell Gregg Harding Harper Harvey Haich Hcacock Henderson Hill Hoes Hurl but Jackson Judd Kinney of Bureau Mr. Stadden Sharpe Shields Servant Sim Simpson Smith of Gallatia Smith of Macon Shu no way Thornton Trower Turnbull Tutt Tuttle Vance Vernor Webber West Witt Whiteside Woodson Worcester. Mr. Knowlton Knox IV1 ason Moffett Norton Pratt Peters Pinckney Powers Swan Spencer Sibley Turner Williams Whitney. On mo ion, The convention adjourned until to-morrow morning at 9 o'clock. FRIDAY, JUICED, 1S47. The convention met pursuant to adjournment. Prayer by the Rev. Mr. Barge r. The" question pending at the adjournment on yesterday, was on the adoption of the resolution introduced yesterday by Mr. Bond. Mr. Thornton moved to amend the resolution by striking out all after the \vords "instructed" and insert in lien thereof the following: "To report a provision for insertion in the revised constitution, author- izing the legislature to enact all necessary laws, to prevent the immigra- tion of negroes to this state, and to prohibit their emancipation here by their owners, on any terms." 94 JOURNAL OF THE CONVENTION. [June 25. Mr. Witt moved the previous question; the question was taken, and de- cided in the negative. Mr. Mason moved to lay the resolution and amendment on the table, and that two hundred copies of the resolution and amendment, with all the laws of fhe state relating to people of color, be printed for the use of the convention. Mr. Kitchell moved that the motion of Mr. Mason to lay on the table and print be laid upon the table. Mr. Worcester called for a division so as to first take the question on laying the motion to print on the table. The question was then taken on laying the part of Mr. Mason's mo- (ion which relates to printing on the table, and decided in the affirmative. The question was then taken on laying the remainder of Mr, Mason's motion on the table, and decided in the affirmative. On motion, The convention adjourned until 3 o'clock, P. M. THREE O'CLOCK, P. M. The convention met. The question pending at the adjournment this morning was upon agreeing to the amendment proposed this morning by Mr. Thornton to the resolution offered on yesterday by Mr. Bond. Mr. Moffett moved to amend the proposed substitute by adding thereto the following: "Provided, That such provision shall be left to the people to vote on separately, and not endanger the other portions of the constitution. Mr. Powers moved the indefinite postponement of the whole subject. Mr. Vance moved the previous question. Mr. Witt moved that the whole subject be laid on the table. Mr. Singleton moved that the convention adjourn until to-morrow morning at 9 o'clock. The question was taken, and decided in the negative. The question was then taken, by yeas and nays, on laying the whole subject on the table, And decided in the affirmative, Those voting in the affirmative, are, Mr. Adams Mr. Cloud Mr. Edwards of Madison Anderson Church Edwards of Sangamon Armstrong Churchill Eccles Blair Dale Frick Ballingall Davis of McLean Graham Brown Dawson Green of Tazewell Canady Deitz Gregg Carter Dumraer Grimshaw Choate Dunlap Harding Cross of Winnebago Dunn Harlan Jane 20.] JOURNAL OF THE CONVENTION. 95 Harper Harvey Hatch Haw ley Hay Henderson Hill Hurlbut] Huston Jackson Jones Knapp of Jersey Knapp of Scott Ken tier Kinney of Bureau Kitchell Knowlton Mr. Lander Laughlin Logan McClure McHatton Marshall of Coles Marshall of Mason Mason Miller Minshall Moore Nichols Norton Palmer of Macoupin Palmer of Marshall Pratt Pinckney Mr. Powers Stadden Swan Sharpe Spencer Servant Sibley Snaith of Macon Trower Turnbull Turner Tuttle Vance Wead Webber Williams Worcester. Those voting in the negative, are, Mr. Akin Allen Atherton Blakely Brockraan Bo/id Bunsen Grain Campbell of McDonough F. S. Casey Z. Casey Constable Davis of Montgomery Davis of Massac Edmonson Evey Geddes Haw ley Hayes *^ On motion of Mr. Logan, Resolved, That Mrs. Brown and daughters be permitted to use the senate chamber, on Saturday evening next, for the purpose of giving a concert to the citizens and strangers in Springfield. On motion, The convention adjourned until to-morrow morning, at nine o'clock. Mr. Hogue Hunsaker James Jenkins Kinney of St. Clair Lasater Lemon Linley Loudon McCallen McCully Manly Mieure Moff'ett Morris Oliver Pace Rives Mr. Robbins Robinson Roman Rountxee Scates Shields Sim Simpson Singleton Smith of Gallatin Shumvvay Thornton Tutt Vernor West Witt Whiteside Woodson. SATURDAY, JUNE 26, 1S47. OF THE _ UNI V Convention assembled pursuant to adjournment. Prayer by Rev. Mr. Palmer of Marshall. The journal of yesterday was read. Mr. Singleton presented the following petition and resolutions, which he read in his place. "The undersigned, /ree citizens of the state of Illinois, humbly com- plaining, represent, that the action of your honorable body, upon the subject of the introduction ol free persons of color, to the state of Illinois, is not, in the opinion of your petitioners, expressive of the will, or promo- 96 JOURNAL OF THE CONVENTION. {June, 6. tive of the interest of the people of this stale; but upon the contrary, has stifled their voices, is calculated to degrade and debase their character abroad, impair their interest, and lessen their respect for each other at home, and is, in effect, an invitation to a horde of ruthless vagabonds the pest of southern states, and promised curse of this to come wi'hin our borders, where they shall have full protection and aid in the comple- tion of a subterranean under-ground railway, constructed to despoil our neighbors of their property. "The premises considered, and inasmuch as your petitioners for them- selves have no remedy against the evils to which they are exposed, ex- cept in a convention of the people, where matters of this sort are strictly cognizable, your petitioners, therefore, most respectfully request that your honorable body will adopt the resolutions hereto annexed, as in duty bound your petitioners will ever pray. "Resolved, That the introduction of free persons of color into the s'ale of Illinois, is a growing evil and ought to be prohibited. "Resolved, That a select committee consisting of be appointed by the chair, to prepare and report to this convention a provision to be in- serted in the amended constitution, which will of itself confer sufficient power to enable the people of this state to protect themselves against the evils of such a migration or introduction, and against all interference by the inhabitants of this state with the slave property of our sister states and territories, within the limits and under the jurisdiction of the United States. "Resolved, That said provision reported as aforesaid be submitted to the people for their ratification as a separate and distinct provision, and if a majority of all the votes polled for the said constitution be not against it, it shall be a part of said constitution. (Signed) H. J. GRIMSLEY, with five others." On motion of Mr. Logan, The petition and resolutions were referred to the committee on the Bill of Rights. Mr. Campbell of Jo Daviess asked to be excused from further service on the committee on Education. After remarks by many gentlemen, members of the committee and others, all tending to dissuade Mr. Campbell fiom that desire, and to con- tinue his position on that committee, he withdrew the application. Mr. Edwards of Ma lison asked to be excused from further service on the committee on Education. Mr. Churchill made the same request. On motion, The convention adjourned to three o'clock, p. M. THREE O'CLOCK, p. M. The convention met pursuant to adjournment. The question pending at the adjournment was on the reqiiiet of Mr. Edwards of Madison, to be excused from serving on the committee on Education. June 26.] JOURNAL OF THE CONVENTION. 97 After remarks from the chairman of the committee and several gen- tlemen, tending to dissuade him from that desire, The question was then taken, and unanimously decided in the nega- tive. The question was then taken on excusing Mr. Churchill from further service on the committee on Education, and unanimously decided in the negative. Mr. Z. Casey, from the committee on Revenue, which was, by resolu- tion, "instructed to inquire into the expediency of fixing a maximum rate of taxation," r?ard of weights and measures," has been granted exclusively to the United Slates. And the power to "coin money, emit bill of credit, make ar.y Ihing but gold and silver coin a tender in payment of debts," has been prohibited to the states; therefore, u /?eso/ved, That the states ought not to attempt to do indirectly what they have no power to do directly. "Resolved, That the committee on Incorporations be instructed to in- quire into the expediency of submitting for the consideration of the peo- June 29.] JOURNAL OF THE CONVENTION. 101 pie at the p;>lU, whether they wish or desire to place a total prohibition upon the power of the legislature, to attempt to create, extcn 1 or author- ize any bulking powers or privileges in this state, or any exclusive pow- ers or privileges not common (o all the citizens. Mr. Thomas called for a division, .so that the vote might first be taken on striking out. After sometime spent in the consideration of the matters pending, On motion of Mr. Constable, The committee rose and, by their chairman, reported progress therein and asked leave to sit again; such leave was accordingly granted. On lootion, The convention adjourned until to-morrow morning, at nine o'clock. TUESDAY, JUNE 29, 1847. The convention met pursuant to adjournment. Prayer by the Rev. Mr. Dresser. The journal of yesterday was read. Mr. Hayes, from the committee on Law Reform, to which was refer- red a resolution providirtg that no act of the legislature shall be in force *sntil published arid transmitted to the several counties, &c , reported the same back, and asked to be discharged from the further consideration thereof. The question was t.iken on discharging the committee, and decided in the affirmative. Mr. Hayes, from the same committee, which was instructed to inquire into the expediency of providing an article in the constitution to prohibit the general assembly from amending any general law by its title, &c., re- ported the same back, and asked to be discharged from the further con- sideration thereof. The question was taken on discharging the committee, and decided in the affirmative. On motion of Mr. Z. Casey, The report of the committee on Revenue, the report of the minority of the committee on Revenue, the report of the committee on the Legis- lative Department, and the report of the committee on the Organization of the Departments, and offices connected with the Executive Depart- ment; which reports had, respectively, some days since, been laid on the table and ordered to be printed, were taken from the table and referred to the committtee of the whole, to which, some time since was referred the report of the committee on the Executive Department. On motion of Mr. Z. Casey, The convention resolved itself into a committee of the whole, and re- sumed the consideration of the resolution and amendments proposed, &c., on the subject of banks and paper money, which had occupied the atten- tion of the same committee on yesterday Mr. Edwards of Sangamon in the chair. The question pending before the committee being upon striking out the 102 JOURNAL OF THE CONVENTION. [June 29. propositions referred to it, that question was put, and decided in the af- firmative. Mr. Singleton offered the following as a substitute for ihe proposition offered by Mr. Srates: ik After the adoption of this constitution the state of Illinois shall not become, directly or indiiectly, interested in the stock of any bank to be created by the legislature thereof, or in the management and conduct of said bank otherwise than by granting the charter of the same; Provided, no bank charter shall hereafter be granted by the legislature of this state that does not make the embezzlement of money, by the officers of such bank, felony and provide for the punishment of the same prohibit the suspension of specie payment, and prefer the bill holdcis ol said bank to all other creditors." And after some time spent in the consideration of the matters pending, On motion of Mr. Geddes, The committee rose and, by their chairman, reported progress therein, and asked leave to sit again; such leave was accordingly granted. On motion, The con\ention adjourned to 3 o'clock, P. M. THREE O'CLOCK, P. M. fl u $/ The convention assembled pursuant to adjournment. On motion of Mr. Z. Casey, Resohed, That the convention will on to-morrow r , and from day to day thereafter, resolve itself into committee cf the whole, and proceed to con- sider, until they shall be disposed of, reports of committees and parts of the constitution, in the following order, viz: 1. The report of the committee on the Legislative Department. 2. The report of the committee on the Executive Department. 3. The report of the committee on the Judiciary Department. 4. The report of the committee on the Bill of Rights; and then, 5. Miscellaneous parts of the constitution. On motion of Mr. Z. Casey, The convention resolved itself into a committee of the whole, and re- sumed the consideration of the amendment proposed to Mr. Churchill's resolution, and Mr. Singleton's substitute for said amendment, &c., on the subject of banks and paper money, which had occupied the attention of the' same committee this morning Mr. Edwards of Sangamon in the chair. The question pending before the committee vras upon agreeing to the substitute proposed by Mr. Singleton ; when, Mr. Singleton withdrew his substitute. Mr. Edwards of Madison offered the following as a substitute for^thc amendment proposed by Mr. Scatt-s: Resolved* That the committee on Incorporations be instructed to report, as an article in the contemplated constitution, the following, in substance: June 20.] JOURNAL OF THE CONVENTION. 103 ARTICLE . SECTION 1. The general assembly of this state shall not have power to create any banking institution whatever, established upon the creditor resources of this state, to be called a state bank ; nor shall the state at any time become a stockholder, or in any manner interested in any bank- ing institution created under the laws of this state or of any other state in the United Spates. SEC. 2. The general assembly shall have no power to pass any act granting any special charter for banking purposes. SEC. 3. The general assembly may have power to establish corpora- tions or associations for banking purposes by a general law, subject to the following provisions and restrictions, viz: 1. The general assembly shall have no power to enact any provision in such law. sanctioning in any manner 3 direr.tly or indirectly, the suspen- sion of specie payments by any association or corporation issuing bank notes of any description whatever. %. The general assembly shall provide in said law for the registry of all bills or notes issued or put in circulation as money, and shall require ample security for the redemption of the same in specie. 3. Stockholders in every corporation or joint stock association for such purposes, issuing bank notes, or any kind of paper credit to circulate as money, shall be individually responsible to the amount of their respec- tive share or shares of stock in any such corporation or association for all its debts or liabilities of any kind. 4. In all case of the insolvency of any such corporation or association, the bill holders thereof shall be entitled to preference in payment over all other creditors of such bank or association. 5. No such corporation or association shall issue or put in circulation any bills or notes thereof until the stock thereof shall be fully paid in, in specie. v 0. No such corporation or association shall ever be permitted to issue bills or notes ;o exceed three times the capital paid in, under the penalty of forfeiture of their privileges under the said law. 7. For the security of community, under the operations of said law, the number of said corporations or associations shall be limited to one in number of districts severally to be apportioned in said law. 8. Any embezzlement of the funds or property of any such corpora- tion or association by any person whatever shall be deemed felony, to be punished, as may be provided by law, in the penitentiary in this state. 9. This article shall be submitted to the approval or rejection of the people of this state, at the time of the submission of the contemplated constitution, separately, and should the same be rejected, then nil banking institutions of any kind whatever shall be prohibited within the limits of this state. After some time spent in the consideration of the matters pending, On motion of Mr. Peters, The committee rose, and, by their chairman, reported progress therein, and asked leave to sit again; such leave was accordingly granted. On motion, The convention adjourned until to-morrow morning, at nine o'clock. 104 JOURNAL OF THE CONVENTION. [June 30. WEDNESDAY, JUNE 30, 1847. The convention met pursuant to adjournment. Prayer by the Rev. Mr. Hale. The journal of yesterday was read. Mr. Spencer presented the petition of C. L. Bascom and thirty-nine others, citizens of the counties of Rock Jsland and Henry, praying for the creation of the office of superintendent of public instruction; which, on his motion, was referred to the committee on Education. Mr. Archer, from the committee on the Organization of Departments, &c., to which was referred by resolution the eleventh section of the 3d article of the present constitution, reported the same back, and asked to be discharged from the further consideration of the same. The question was taken on discharging the committee, and decided in the affirmative. Mr. Z. Casey, from the committee on the Legislative Department, which was instructed by resolution to inquire into ihe propriety of so amending the constitution as to prohibit the holding of two or more lucra- tive offices at the same time by any one person, reported the same back, and asked to be discharged from the further consideration thereof. The question was taken on discharging the committee, and decided in the affirmative. On motion of Mr. Bunsen, Resolved, That the committee on Education be requested to inquire into the expediency of the following preamble and resolutions: Whereas there is nothing of more importance to the prosperity of the community than Education; and whereas, a good education will always be depending on good school institution?, the establishing and maintenance of which require a great deal of skill and experience on one hand, and, if to be executed so as to answer the purpose, more exercise and activity than one man is able to undergo on the other hand; theiefore, Resolved, That by an act of this convention the legislature be authorized and ordered, as soon as the financial situation of this state will pf rmit it, to provide by law for and carry into effect the following resolutions, to wit: L Resolved, That the state of Illinois be divided into school districts. 2. Resolved, That in every school district, and as near as possible to its centre, a seminary be established for the purpose of teaching and edu- cating school teachers. 3. Resolved, That each of these seminaries be directed and governed by a man of science, skill and practical experience, acquired by an an- swering exercise in the performance of the profession of teaching school; Providid, however, that no preacher of the gospel be employed in this station. 4. Resolved, That this man, to be called the director of schools for the school district of the state of Illinois, be entitled to one or more as- sistants, to be chosen and nominated by himself, for the purpose of assist- June 30.] JOURNAL OF THE CONVENTION. 105 ing him in teaching and educating the scholars of the respective semina- ries. 5. Resolved, That the annual salary of each of the said directors of schools be not less than fifteen hundred dollars and not more than dollars, and the annual salary of each of the said assistants not less than seven hundred and not more than dollars. 6. Resolved, That the director of each of the respective school dis- tricts be the superintendant of schools for the school district in whicfi" this seminary is situated. 7. Resolved, That it shall be the duty of the director of each of the respective school districts to examine himself, or have examined by such persons as he, the said director, may choose and expressly appoint for that purpose, all those who intend to keep school in this state, and appear before him declaring this to be their intention and desiring to be examin- ed for that purpose, and to supply th'm with a certificate of qualification. 8. Resolved, That only such school teachers who have been examined by one of the snid directors of one of the said school districts, and who have got a certificate of qualification from one of the said directors, be entitled to derive their pay out of the school fund; and that such teach- ers, who have no such certificate, if employed, to be paid by the employ- ers. 9. Resolved, That the said directors of schools shall have to meet (once or twice ) every year at the seat of government for the purpose of agreement on subjects and principles of education; the rules for this meeting to be fixed by the legislature. 10. Resolved, That the said directors of schools shall receive one dol- lar per day each of them while assembled for the said purpose, but fchall be entitled to the same mileage for travel as will be fixed by this conven- tion to members of the legislature. 11. Resolved, That for the meantime and until the financial situation of this state will permit these resolutions to be carried into effect, this convention provide for the best possible means in favor ot education. Mr. Knapp of Scott offered the following: Whereas the present organization of counties comprises too many dis- tinct departments, too many officers, and too high a rate of fees to sup- port such officers; therefore, 1. Resolved, That the committee on Miscellaneous Subjects and Ques- tions be instructed to inquire into the expediency of abolishing the county commissioners' court and the court of probate justice of the peace, and providing, in the amended constitution, for establishing in each county, a court composed of one county judge and two associates; the county judge to be elected quadrennially by the people, to be paid an annual salary out of the county treasury, not to exceed dollars, nor be less than dollars, and to range between these sums in proportion to the amount of taxes paid in the county per annum, including poll tax; the associates to be drawn annually from the list of the justices of the peace in the coun- ty, whose compensation shall be one dollar per day while in session. 2. Said court to have jurisdiction of all matters now under the control of the commissioners' court. 3. Said court to have the present jurisdiction of the probate justice of 106 JOURNAL OP THE CONVENTION. [ June 30. the peace, except ordinary justice's jurisdiction, and such further power as may be given by Kiw in matters of probate. 4. Said court to have jurisdiction in actions of debt and assumpsit to the amount of 500; in trover, trespass, case, and replevin to the amount of $100; jurisdiction ol misdemeanors, arid all appeals from justices of the peace. 5. Said court to have a clerk,. who shall be ex officio recorder of deeds and evidences of real title, whose compensation shall be fees. 6. Said court to have power to reduce the fees of county officers, by a n-jular per cent., when the rate fixed by the legislature yields more in- come to a particular officer than is necessary to afford him adequate com- pensation. 7. Pleadings in said court in civil cases to be oral. 8. Apprals to lie to the circuit court; trials on appeals to be de ncvo, and when either party wishes to preserve the record in a given case, de- clarations shall be tiled in the circuit court, as though the case was an original case in that court. 9. When it becomes necessary to s 11 real estate to carry into effect the judgment of said court, transcripts to be taken to the circuit courts in pursuance of legal provisions therefor. 11). Said court, with the associates, to hold sessions quarterly, the pres- ident judge to act vis probate court during vacations, with power to re- serve questions till the regular sessions, where the judgment of the associ- ates is desired. The question was taken on the adoption of the preamble and resolu- tion?, and decided in the affirmative. Mr. Williams offered the following: Resolved^ That the committee on Counties be instructed to inquire in- to the expediency of engrafting the following clause into the new consti- tion : " All territory which has been, or may be stricken off, by legislative en- actment, from any organized county or counties, for the purpose of form- ing a new county, and shall remain unorganized after the period enacted for such organization to take place, then such territory, so stricken of}, shail be and remain a part and portion of the county or counties from which it was originally taken, for all put poses of county and state govern- ment, to participate in all the immunities thereof, until otherwise provided by law." Mr. Singleton moved to amend the resolution by striking out all after the word '"place," and inserting in lieu thereof the following: " Shall be attached for state and county purposes to such county or counties as it shall be connected with for the purpose of forming an elec- tion district or districts, until otherwise provided by law. "Provided, the tier of townships on the east side of Highland county be attached to the county of Brown for judicial and election purposes." Mr, Simpson moved to lay the amendment on the table. Mr. Singleton moved to lay the whole subject on the table. Mr. Logan called for a division of the question. The question was then taken on laying the amendment on the table, and decided in the affirmative. June 30.] JOURNAL OF THE CONVENTION. 107 The question was then taken on laying the resolution on the table, and decided in the negative. Mr. Flogue moved to amend the resolution by adding thereto the fol- lowing: " And that no county seat shall be removed without a majority of two- thirds of all. the qualified voters of such county." On motion of Mr. Thomas, The amendment was laid on the table. The question was taken on the adoption of the resolution, and decided in the affirmative. On motion of Mr. Z. Casey, The committee of the whole on the resolution offered some days since by Mr. Churchill, with sundry amendments and substitutes proposed in addition, or in lieu thereof, &c., was discharged from the further consid- eration of the whole subject; and. the resolution, with the amendments and substitutes offered successively by Messrs. McCallen, Gregg, Scales, and Edwards of Madison, were all referred to the committee on Incorpo- rations. On motion of Mr. Kitchell, Resolved, That the committee on Banks and Corporations be instructed to inquire into the expediency of reporting to this convention an article of amendment to the 21st section of article 8th of the constitution, in substance as follows, viz: After striking out the whole section, insert that SEC. 21. There shall be no bank or monied institutions in this state, until the act of the general assembly providing therefor, whether the same be a general law for free banking, a special act of incorporation, or otherwise, shall be first submitted to a direct vote of the people, and ap- proved by a majority of the qualified voters of the state at some general election; nor shall Uie general assembly pass any general law, or special act lor banking, or the incorporation of any monied institution, with- out expressly providing in such iaw or act the following resolutions, to wit: 1. The stockholders shall be liable in their individual capacity for all the debts of such company or corporation to the amount of their respec- tive proportions of their stock and the debts, and shall, before any issues, pledge and secure to the general assembly, as may be provided by law, ample securities for the redemption of all their paper in specie. '2. All the capital stock shall be first paid in specie, before any issues by said bank. 3. No act shall be passed by the general assembly authorizing or le- galizing any suspension of specie payments. 4. All bill holders shall be entitled to preference of payment before all other creditors. 5. Not more than three dollars for one shall ever be issued, nor any bill of a less denomination than ten dollars. 6. Any embezzlement of the funds of the bank shall be felony and punishable by confinement in the penitentiary, in surh manner as may be provided by law, and the general assembly shall provide by law for the punishment of all persons who may be in anywise connected with the 108 JOURNAL OF THE CONVENTION. [June 30. management of the bank, for any dishonesty or swindling, either to indi- viduals or the public, 7. Any violation of the terms and provisions of such law or charter shall be a forfeiture, and the company or corporation shall be liable to im- mediate prosecution therefor by any person, and before any court of com- petent jurisdiction, in such manner as may be provided by law. 8. No bank bills or bank issues of any kind shall ever be treated or regarded as money, or of any higher dignity or value than the mere lia- bility of the company or corporation issuing them, nor shall any such bank bill, or other issues of banks, ever be receivable in the payment of of any state or county taxes, dues, or demands, nor in payment of dues or demands to the school fund. SEC. 22. The foregoing section 21 shall be submitted to the people as a separate article of amendment to the constitution, and if the same shall not be ratified and approved by a majority of the qualified voters thereon, then the general assembly shall have no power whatever to create or re- new any banks or monied institutions in this state, or to exercise any other powers authorizing or permitting banking in this state. On motion of Mr. Archer, Resolved, That the committee on Banks and Corporations be instructed to inquire into the expediency of so amending the constitution, upon the subject of banks, as to submit, separately and apart from the constitution, to the people at the same election held for the adoption or rejection of the new constitution, two distinct propositions; the one providing for the entire prohibition of all banks of every name and description whatever in this state, and the other for the incorporation of banks thereafter to be created by the legislature of this state; the charter creating such bank or banks to be submitted to the people at the next general election held after the passage of such charter, and if a majority of all the votes cast at said first election shall be in favor of the clause prohibiting all banks, such clause shall become incorporated into and form a part of the new consti- tution, and if a majority of all the votes cast at said election shall be in favor of the incorporation of a bank or banks, the next legislature may proceed to incorporate the same ; the charter or charters of incorporation to be again submitted to the people at the next general election, arid not to take effect until said charter shall have been submitted to and receive a majority of all the votes cast at said election. Mr. Thomas offered the following: Resolved, That in acting upon propositions to amend, revise, or alter the constitution, the following older of proceeding shall be adopted, viz: 1. The reports of committees proposing alterations or amendments shall be referred to the same committee of the whole, to be acted on as heretofore ordered. 2. The committee of the whole shall not be discharged from the con- sideration of said reports until the whole shall have been acted on. 3. When said committee shall have acted upon all of the propositions referred, the action shall be reported to the convention, and when so re- ported, if no amendments are proposed, the question shall be Shall the report of the committee be adopted?" or if amendments arc proposed, the questions shall be first taken upon such amendments, and if any are adopt- June 30.] JOURNAL OF THE CONVENTION. 109 cd the question shall be upon the adoption of the report as amended, if decided in the affirmative, the said report shall then be ordered to be en- grossed, under the direction of the committee of the Revision and Adjust- ment of the Articles of the Constitution. 4. When the said reports shall be revised and adjusted by said com- mittee it shall be reported to the house, and the same shall then be laid on the table and printed for the use of the members. 5. When the said report is printed it shall be taken up in the conven- tion and read by sections, and amendments proposed shall be acted on in the order of being proposed. 7. When all proposed amendments are acted upon the questions shall then be "Shall the said reports be enrolled as the constitution of the state of Illinois?" if decided in the affirmative, the said report shall be enrolled by the secretary of the convention, under the direction of the committee of Revision and Adjustment. 8. When the said report shall be enrolled as aforesaid, it shall be re- ported to the convention, arid again read over by sections, and the ques- tion shall be upon the adoption of the constitution; if decided in the affir- mative, the said report shall then be signed, first by the president, next by the members present, and then attested by the secretary; after which the said constitution shall, in the presence of the convention, be delivered by the president to the secretary of the state of Illinois, for publication and preservation among the archives of the State. On motion of Mr. Thomas, The resolution was hid on the table. On motion of Mr. Z. Casey, The convention resolved itself into a committee of the whole for the purpose of considering the repoits of the committee on the Legislative Department, &c., which had been before referred to such committee Mr. Woodson in the chair; when the committee proceeded to consider the report on the legislative department. Mr. Caldwell moved to amend the first section by striking out the words "senate and " and the word " both " in the second lino. The question was taken, and decided in the negative. Mr. Shurnway moved to amend the second section by striking out the word "two" in the third line, and inserting in lieu thereof the word " three. Mr. Thomas called for a division, so as to take the question first on striking out the word ** two.*' On motion of Mr. Shumway, The committee rose, reported progress, and asked leave to sit again; leave was accordingly granted. On motion of Mr. Edwards of Madison, L a ave of absence was granted to Mr. Constable for ten days, in conse- quence of sickness in his family. On morion of Mr. Edmonson, He was excused from further service on the committee on Incorpora- tions. On motion of Mr. Logan, Leave of absence was granted Mr. Eccles for six days. 110 JOURNAL OF TIILCOftVENTION. [July 1. On motion of Mr. Harvey, Leave of absence was granted Mr. Edmonson for ten days. On motion of Mr. Campbell of Jo Davics?, Leave of absence Mas granted Mr. Archer for one week. On motion of Mr. Archer, Leave of absence was granted Mr. Dunn for one week. On motion of Mr. Z. Casey, Leave of absence was granted Mr. Dement for eight days. On motion of Mr. Woodson, Leave of absence was granted Mr. Witt for one week. Mr. Scates forwarded to the chair an invitation from a committee of the Sabbath convention, now in session in this city, requesting the consti- tutional convention to attend its session this afternoon ; which was read. The president announced an invitation from a committee of the citi- zens of Sangamon, inviting him, and the body over which he presides, to attend and partake of a barbecue, which the citizens of Sangamon pro- pose to give to the officers and soldiers of the 4th regiment of Illinois vol- unteers, at Springlield,on the third day of July. On motion of Mr. Servant, The invitations were accepted. On motion, The convention adjourned to 9 o'clock, to-morrow morning. THURSDAY, JULY 1, 1847. Convention assembled pursuant to adjournment. Prayer by Rev. Mr. Barger. The journal of yesterday was read. Mr. Hoes presented the petition of Charles A. Fellows, and thirty-six others, citizens of Livingston county, praying for the creation of the office of superintendent of public instruction. On his motion, the reading was dispensed with, and the petition referred to the committee on Education. On motion of Mr. Manly, The petition presented by him, on the llth ult., on sundry subjects, was taken from the table, the reading dispensed with, and the petition refer- red to the committee on Law Reform. Mr. Whiteside, from the committee on the Militia and Military Affairs, reported that the committee had had under consideration the 5th article of the constitution, and had directed him to recommend the adoption of said article in the revised constitution, without amendment. On motion of Mr. Whiteside, The 3d article of the constitution was referred to the committee of the whole. Mr. Thomas, from the committee on Revenue, to which was referred a resolution proriding that the county courts shall have the " exclusive rkht to cause to be assessed and collected, as shall be provided by law, a tax on sections numbered sixteen," &c., reported the same back, and ask- ed to be discharged from the further consideration thereof. July 1.] JOURNAL OF THE CONVENTION. Ill The question was taken, on discharging the committee, and decided in the affirmative. Mr. Hayes, from the committee on Law Reform, which was instructed b resolution " to inquire into the expediency of exempting persons having conscientious scruples from serving on juries," &c.. reported the same back, and asked to be discharged from the further consideration thereof. The question was taken on discharging the committee, and decided in the affirmative. On motion of Mr. Kitchell, Leave of absence was granted to Mr. Tutt for seven days. Mr. Campbell of Jo Daviess gave notice that on one week from next Monday, he intended to offer a resolution for the consideration of the convention, which he read in his place, in relation to banks. Mr. Knowlton offered the following: Resohed, That the committee on Elections and the Right of Suffrage inquire into the expediency of so amending the constitution as to require for a qualification to the election of county officers, that every person vot- ing for county officers shall have resided in the county where he shall vote three months next preceding the election for such county officers. Mr. Singleton moved to amend the resolution by striking out the word <; three," and inserting in lieu thereof the word *' twelve." The question was taken on agreeing to the amendment, and decided in the negative. The question was taken on the adoption of the resolution, and decided in the affirmative. Mr. Hawley offered the following: Whereas humanity and philanthropy should ever characterize state governments; and whereas, we have among us in this state the lunatic, the deaf and dumb, and the blind, proper subjects for the exercise of hu- mane" principles; therefore, Resolved, That this subject be referred to a special rsmmittce, whose duly it shall be to inquire into the expediency of making some constitu- tional provision authorizing the legislature to provide means for the ameli- oration of this unfortunate portion of community. Mr. Harding moved to amend the first resolution by inserting after the word ' 4 blind " the words 4 * and black." On motion of Mr. Thomas, The amendment was hid on the fable. Mr. Scales moved to insert after the word "blind," in the first resolu- tion, the words "and insane." On motion of Mr. Adams, The whole subject was laid on the table. Mr. Wead offered the following: Resolved, That the committee on Miscellaneous Subjects and Ques- tions, inquire into the expediency of providing in the new constitution for fixing the seat of government permanently at Peoria. On motion of Mr. Adams, The resolution was laid on the table. On motion of Mr. Davis of iMontgomcry, Resolved, That the committee on Banks and Incorporations, inquire in- 112 JOURNAL OF THE CONVENTION. \July 1. to the expediency of so amending the constitution as to forever prevent the state from chartering a hank in which she shall be, either directly or indirectly, concerned as stockholder or proprietor. On motion of Mr. Hogue, The convention again resolved itself into a committee of the whole on the report of the committee on the Legislative Department, which was under consideration yesterday Mr. Woodson in the chair. The question pending before the same committee, at its rising on yes- terday, was upon striking out the word "two," in the second section; which question was taken, and decided in the negative. Mr. Armstrong moved to strike out the word k< October," in the second and third lines of the second section, and insert in lieu thereof the word " November." Mr. Robbins called for a division of the question. The question was taken on striking out the word " October," and deci- ded in the affirmative. The question was taken on inserting the word " November," and de- cided in the affirmative. Air. Rountree moved to add after the word " eight," in the second line of the second section, and at the end of the second section, the words '* and continue two days." The question was taken on agreeing to the amendment, and decided in the negative. Mr. Sharpe moved to strike out the word (C eight," in the second line of the second section, and insert in lieu thereof the word "nine." The question was taken, and decided in the negative. Mr. Robbins moved to amend the second section by inserting after the word " therein," in the fourth line, the words "and for such length of time." The question was taken on agreeing to the amendment, and decided in t'ie negative. Mr, Marshall of Mason moved to amend the third section by striking out. in the second line, after the word "States," the words "and an inhab- itant of this state." The question was taken on agreeing to the amendment, and decided in t'ie negative. Mr. Campbell of Jo Paviess moved to amend the third section by strik- ing out the word "five," in the first line, and inserting in lieu thereof the word " one." The question was taken on agreeing to the amendment, arid decided in the negative. Mr. Singleton moved to amend the third section by inserting after the word "resided," ia the third line, the words "five years in the slate, and." The question was taken on agreeing to the amendment, and decided ia the negative. Mr. Uawson moved to amend the fourth section by striking out the word ' thirty," in the first line, and inserting in lieu thereof the word "forty." Mr. Whitney called for a division of the question. July 1.] JOURNAL OF THE CONVENTION. 113 The question was then taken on sinking out the word " thirty ," and decided in the negative. On motion of Mr. Shumway, The fourth section was amended by inserting after the word "states," in the second line, the words * and an inhabitant of this state. On motion of Mr. Singleton, The fourth section was further amended by inserting i.fter the word " resided," in the second line, the words "five years in the state, and.^ Mr. Hay moved to amend the fourth section by inserting: after the word "thirty," in the first line, the word "five." The question was taken on agreeing to the amendment, and decided in the negative. Mr. Singleton moved to reconsider the vote taken on his motion to amend the third section; which motion lies over one day under the rules. Mr. Harvey moved to amend the sixth section by striking out the words "never to be increased nor diminished," in the second line. The question was taken on striking out, and decided in the negative. ; Mr. McCallen moved to amend the sixth section by striking out the word "five," in the first line. The question was taken and decided in the negative. Mr, Hrgue moved to amend the sixth section by striking out the word "five," in the second line. The question was taken, and decided in the negative. Mr. Harding moved to amend the sixth section by striking out the words 'seventy-five members, never to be increased nor diminished,'' in the se- cond line, and insert in lieu thereof the words ** one member from each county." On motion of Mr. Geddes, The committee rose, reported progress, and asked leave to sit again; leave was accordingly granted. On motion, The convention adjourned until 3 o'clock, p. M. THREE O'CLOCK, P. M. The convention met pursuant to adjournment. On motion of Mr. Z. Casey, The convpnii n resolved itself into a committee of the whole, again to consider the report of the committee on the Legislative Department M*. Woodson in the chair. The question pending before the committee when it rose, was on the motion made by Mr. Harding tins morning, proposing to strike out the words "seventy-five rpembers" &c., in tne second line of the sixth sec- tion. Me. Hay moved to postpone the further consideration of the sixth see- tion for the present. The question was taken, and decided in the negative. jd 114 JOURNAL OF THE CONVENTION. [July \. The question was then taken on Mr. Uarding's motion, and decided in the negative. Mr. Harvey moved to amend the same section by inserting after the word " representatives/' in the fourth line, the words '* by the legisla- ture." The question was taken on agreeing to the amendment, and decided in the negative. Mr. Church moved to amend the same section by inserting after the word '-diminished," in the second line, the words ' until the year i860." Mr. Hill moved to amend the amendment proposed by Mr. Church, as follows: Strike out the words "never to be increased nor diminished/' and in- sert in lieu thereof the following: "Not to be increased nor diminished until the year 1850, at which time the Ugislature shall have power to add one member to the house of repre- sentatives, for every addition to the present population of ten thousand, and one senator for every increase of thirty thousand, until the year I860, alter which one member may be added to the house of repres* ntatives for every twenty thousand additional population, and one senator for eve- ry sixty thousand." The question was taken on agreeing to the substitute, and decided in the negative. Mr. Kinney of Bureau moved to amend the amendment proposed by Mr. Church, by inserting after the word " diminished," in the second line, the words, "until after the year I8ti0, nor until the punctual pax men t. of the annual interest of the state debt shall have been fully provided for nor at any time thereafter shall the number of members exceed thirty- three in the senatf and one hundred in the house of representatives." The question was taken on agreeing to the substitute, and decided in the negative. Mr. Palmer of Ma coup in moved to amend the amendment proposed by Mr. Church, by inserting after the word "diminished/' in the se< ond line, the words " until the population of this state shall exceed one million of souls, and may then be increased to one hundred members in the house of representatives." The question was taken on agreeing to the proposed substitute, and de- cided in the affirmative. On motion of Mr. Servant, The amendment, as amend* d, was fuither amended by striking out the word c> on^ ," and inserting the word "two" in lieu thercoi. Mr. Thomas moved to amend the amended amendment, by addinglhere- to tbe folloxvirig: < But such increase shall not exceed five at any apportionment which may be made. The question xvas taken on agreeing thereto, and decided in the nega- tive. Mr. Laughlin moved the following as a substitute for the amended amendment: " Until after the y^ar ISfiO, wh^n the legislature may increase the num- ber of representatives to one hundred." July 1.] JOURNAL OF THE CONVENTION. 115 The question was taken on agreeing thereto, and decided in the nega- tive. Mr. Deitz moved the following as a substitute for the amended amend- ment: " Un 1 il the population of the state shall amount to one million of souls, when five members may be added to the house, and five additional mem- bers iorevery five hundred thousand inhabitants thereafter, until the whole number of representatives shall amount to one hundred, after which the number shall neither be increased nor diminished. Mr. Singleton moved that the committee rise, report progress, and ask leave to sit again. The question was taken, and decided in the negative. The question was taken on agreeing to the substitute, and decided in the affirmative. The question was then taken on agreeing to the amendment as amen- ded, and decided in the affirmative. On motion of Mr. Whitney, The convention rose, reported progress, and asked leave to sit again; ieavewas accordingly granted. On motion of Mr. Sharpe, Leave of absence was granted to Mr. Choate for six days. On motion of Mr. Singleton, Leave of absence was granted 'o Mrl Marshall of Mason for five days. Mr. Ca npbell of McDonough offered the following: Resolved, That no member of this convention shall receive his per diem pay lor time not given by him in this convention, except in cases ot sick- ness. Mr. Ballingall moved to amend the resolution by adding the word " here- after" after the word *them.' 5 Mr. Scutes moved to lay the resolution and amendment on the table, and the vote being Caken by yeas and nays, It was decided in the negative, Nays, 48 80 Those voting in the affirmative, are, Mr. Akin Anderson Armstrong Blair Blakeiy Ballingall Bosbyshell Butler Canady Carter Cloud Davis of Montgomery Davis of McLean Dawson D'uniner Dunlap Mr. Duns in ore Kd wards of Madison Geddes Green of Tazewell Hatch Haw ley Henderson Hoes Holmes Hurlbut Jackson James Jones Knapp of Jersey Landfr McClure Mr. Manly Marshall of Cols Marshall of Mason Mieure Miller Minshall Moore Pace Pinckney Scates Sharpe Servant S'ngleton Smith of Gallatin Vance Webtor. 116 JOURNAL OF THE CONVENTION. [July 2 Those voting in the negative, are, Mr. Adams Mr. JucIJ Mr. Rives Allen Kieider Kobbins Atherton Kemier HobiiiSOii truckman Kinney of Bureau Roman Bunseu Kinney of bl. Glair liountree Grain Xitcheli Stadden Campbell of McDonongh Knowlton Swan F. S. Casey Knox Shields Z. Case Lasater Spencer Cross of Woodford Langhlin feibley Church Le:non Sim Dale Lock wood Simpson Ueitz Logan Shumuay Evey JVleCallen Thomas Frick Mi-Cully 1 hointon GKahai McHatton Trower Harding !M ark ley Turnbull Harlati Mason Turner Harper Matheny luiile Harvey JV.pffeU Veinor Hay Moiris West Haves JNorthcott Williams Bill Norton White^de Hogoe Oliver Whitney Hunsaker Palmer of Macoupin Wood son Huston Palmer of Marshall Worcester. Jenkins Peters On motion, The convention adjourned to to-morrow morning at nine o'clock FRIDAY, JULY 2, 1847. The convention assembled pursuant to adjournment. Prayer by Rev. Mr. Builey. The journal of yesterday was read. On motion of Mr. Scates, Leave of absence was granted Mr. Canady for eight days, in cons quence of sickness in his family. On motion of Mr. Knowlton, Leave of absence was jiran*cd to Mr. Lander for four day?, in- cons* quence of sickness in his family. On motion of Mr. Allen, Leave of absence was gran'cd to Mr. Pare for one weelc. The question pending when the convention adjourned on vpsferdn was on inserting the word 'lu-rrafti r "' niter the word " hpm."in n res' lution offe.ed by Mr. Campbell of McDonough, in relation to the p diem of absentees. JMr. Billing ill withdrew (he nmendment. Mr. Geddes moved to amend the resolution by striking? out all after ti word "resolved," and inspMin^r in lieu thereof the follnwii.o: *Thnt x it is unm-t to pay any person for hr-or hc> dors not perform, h as many have got leave of absence heretofore under the iujprtjs.sion July 2. JOURNAL OF THE CONVENTION. 117 Drawing pny, let all lie treated with equity; jPrcvifMf howmer, that for the future no member of this convention shall yet leave of absence, ex- cept in case^of sickness of themselves or families." On motion of Mr Thomas, The substitute was laid on the table. There being no quorum present, On motion of Mr. Z. Cas<-y, A call of the convention was ordered. The call having been proceeded in for some time, and a quorum ap pear ing, On motion of Mr. Z. Casey, The call was dispensed with. Mr. Butler moved to amend the resolution by striking out all after the word ** resolved," and inserting in lieu thereof the following: "That each member of this convention yive in the number of day* of ? his attendance upon honor, including the number'of days he has been ab- sent by leave or on account of sickness, and those he has actually atten- ded in this convention, and the same be certified by the president." Mr. Campbell of MrDonou^h accepted the proposed substitute as a modification of the original resolution. Mr. Shigleton moved to amend the modified resolution by striking out all after the word 'resolved," and insert in lieu thereof the following: ''That each member give in the number of days for which he is entitled to pay, and the president certify the same."" Mr. Whitney moved to lay the whole subject on the table; which was taken byyea.sand nays, Yeas 59 And decided in the negative, j TV/', 7 Those voting in the affirmative, are. -0 Mr. Akin Mr. Farwell Anderson Graham Armstrong Geddes Blair Green of Jo Daviess B'tllino'all Hatch Boshysliell Hawley Grain Henderson Canady Hoes C.ildw'ell Holmes Campbell of Jo Daviess Hurlbut Carter Jackson Cro>s of Winnebago James Cloud Jon^s Church Kinney of Bureau Churchill Knowlton Dawson Lnughlin Dumrner Lemon Dunlap McClure Dunsmore Marshall of Coles Edwards of Madison Mieure Mr. Miller Minshall Moore Northcott Painter of Macoupia Peters Pinckney Robinson Scales Stadden Swan Sharps Servant Singleton Smith of Macoa Thomas Vance Webber Whitney. 118 JOURNAL OF THE CONVENTION. [July 2, Those voting in the negative, are, Mr. Adams Alien Atherton Blakely 5 rock man Bunsen Butler Campbell of McDonough F. S. Casey Z. Casey Davis of Montgomery Davis of Massac Deitz Edwards of Sangamon Ivey Frick Harding Harlan Harper Harvey Hay Hayes Hill Hogue Mr. Hunsaker Huston Jenkins Judd Kieider Keimer Kinney of St. Clair Knox Lasater Linley Lockwood McCallen McCully Markley Mason Matlieny M-.ffrtt Morris Norton Oliver Palmer of Marshall Powers Mr. Rives Robbins Boman Rountree Shields Spencer Sib ley Sim Simpson Smiih of Gallatiss Shumway Thompson Thornton 'I rower Turn bull Turner Tuttle Vernor West "Wil iams Whiteside Woodsor* Worcester. Mr. Bosbysheli moved the following as a substitute for the amendment; "That if any memljer of this convention is absent from prayers in the morning he shall be docked in his per diem allowance twenty-five cents ? if absent during the reading of the journal ten cents; if absent during the time any member shall make a speech, two dolhrs; if absent during the time of oflfeiing any resolution, thirty-seven and a half rents; if ab- sent during the taking of the votes by yeas and nays, five dollars." On motion of Mr. Harding, The previous question was ordered. The question was taken on agreeing to the substitute for the amend- ment, and decided in the negative. Mr. Worcester moved that the convention adjourn until Monday morn- ing at nine o'clock. The question was then taken, by yeas and nay?, on the motion to ad- journ, And decided in the negative, < v^ 5 ? Those voting in the affirmative, are, JVIr. Biown Mr. Hnrlbut Campbell of Jo Daviess Jen-kin* Green of JoDaviess Miller Mr. West Worcester. Those voting in the negative, are, Mr. Adams Akin Allen Anderson Armstrong Mr. Atherton Blair BaTlinacl Whitney. J\lr. Butler offered the following: Whereas incorporations, clothed with exclusive powers and privileges, are contrary to the sprrit and fundamental principles of our lepublican institution?, oppressive to the best interests of the people at large, and tend to unequal, unjust and oppressive monopolies; making the rich rich- er and the poor poorer; and whereas by such monopolies and exclusive pri.ilegcs, the capitalist is enabled to control the particular branch of bu- siness in which he may engage, and conduct the same to the exclusion of the truly worthy and deserving, making wealth predominate over merit, virtue and integrity; and whereas the chartering --y law, and protecting incorporations in the exercise of such exclusive, unequal, and unjust pow- ers and privileges tends to the concentration of capital and the business of the country in (he hands of the few, and to the establishment of an aristocracy of wealth, and to the subjection of the many to mere depend- ants and servile operators; therefore, Resolved, Tint the committee on Incorporations be instructed to inquire into the expediency of prohibiting the legislature i'rom hereafter creating any companies, associations, or corporations, by special act, with exclu- sive powers and privileges, except for municipal purposes, and except in such cases, where the objects of such association, company or incorporation cannot be accomplished under the provisions of a general law which may apply equally to all persons. Mr. Logan called for a division, so a^ to vote first on the adoption of the resolution. The question was taken on the adoption of the resolution, and decided in the affirmative. My 2.] JOURNAL OF THE CONVENTION. 121 Mr. McCallen moved to lay the preamble on the (able, and the question being taken, by yeas and nays, It was decided in the negative, v\ T CaS ' * t -~, (N;i)s, . . . .07 Those voting in the affirmative, are, Mr. Adams Mr. Jackson Mr. Pinckney Atherton Jones Rives Blakely Judd Robinson Canady Kenner Swan Cross of Winnebago Church Kinney of Bureau Knowlton Sharpe Spencer Dawson Emix Servant Deitz Lemon Sibley Dnmmer Lockwood Singleton Dunlap Logan ^ Smith of Macon Dunsmore London Thomas Edwards of Madison McCallen Thornton Edwards of bangamon Marshall of Coles Trotter Graham Mason Tnrnbull Geddes Matheny Turner Green of Tazewell Mieure Tuttle Harding Miller Vance Harlan MinshaU West Harper Northcott Williams Hay Norton Whitney Holmed Palmer of Marshall VVoodson. Hurlbut Those voting in the negative, are, Mr. Akin Mr. Evpy Mr. Me Cl ure Allen Farwell Markley Anderson Frick Moffett Armstrong Green of Jo Daviess Moore Blair Harvey Morris Ballingall Hatch Oli vet- Brockrnan Hawley Palmer of Macoupin Bosbyshell Hayes Powers Brown Henderson Rohbins Bunsen H.ll Roman Butler Hoes Rountree Grain Hogue Scares Caldwell Hunsaker Stadden Campbell of Jo Daviess Huston Shields Ciimpbell of McDonoagh James Sim Carter Jenkins Simpson F. S. Casey Kreider Smith of Gallatin Z. Casey Kinney of St. Clair Sh P. in way Cross of Woodford Lasa'er Vernor Cloud Lan^hlin Wpatt Churchill Linley Whiteside Davis of Montgomery Me Cully Worcester. Davis of Massac Mr. Churchill moved to add the following to the preamble, to be insert- ed after the fir*t two words t 44 For specific objects, by which all have not the privilege of incorpo- rating themselves for tho samo object, and." On motion of Mr. Logan, JOURNAL OF THE CONVENTION. [July 2. The further consideration of the whole subject was postponed until one week from next Monday. Air Sburnway offered the following: Resolved, That the committee on Banks and Incorporations be instruc- ted io report a clause to be inserted in the constitution, prohibiting the esiab.ishment o( a branch or branches of a United States bank in this state. Mr. Vance moved to adjourn until three o'clock, P. M. Mr. Brown moved to adjourn until Tuesday next. Mr. Atherton moved to adjourn until one week from next Monday. Mr. Whitney moved to adjourn until Monday. The question was taken on the motion to adjourn until one week from next Monday* and decided in the negative, The question was taken, by yeas and nays, on the motion to adjourn un- til Tuesday, And decided in the negative, < v eas ' {Nays, . . . . 1'28 Those voting in the affirmative, are, Mr. Brown Campbell of Jo Daviess Mr. Miller Those voting in the negative, are, Mr. Adams Akin Allen Anderson Armstrong Atherton Blair Blakely Ballirigall Brockman Bosbyshell Btinsen Butler Crain Canady Caldwell Campbell of McDonough Carter F. S Casey Z. Casey Cro^s of Winnebago Cross of Woodford Cloud Church Ch-.rchill Davis of Montgomery Davis of Massac Dawson Deitz Dummer Dunlap Dunsrnoie Edward? of Madison Edwards of Sangamon Mr. Evey Farwell Frick Graham Geddes Green of Jo Daviess Green of Tazewell Harding Harlan Harper Harvey Haich Hawley Hay ' Hayes Henderson Hill Hoes Hogue Holmes Hunsaker Hurlbut Huston Jackson Jamps Jenkins Jones Kreider Kenner Kinney of Bureau Kinney of St. Clair Knowlton Knox Lasater Mr. West. Mr. Laugh 1 in Lemon Lin ley Lockwood Logan London McCallen McCully McClure Marklev Marshall ot Coles .VI ason Matheny Mi cure Minshall Moffett Moore Morris Northcott Norton Oliver Palmer of Maconpin Palmer of Marshall Peters Pinckney Powers Rives Robbins Robinson Roman Rountree Scates Stadden Sharpe July 2.] JOURNAL OF THE CONVENTION. 123 Mr. Shields Spt-ncer Servant Sibley Siin Simpson Singleton Smith of Gallatin Smith of Macon Mr. Sh um way Tiiomus Thornton Trower Turubull Turner Tuttle Vance Mr. Vernor Wead Webber Williams W hiteside Whuney Woodsou "Worcester. The question was then taken, by yeas and nays, on adjourning until Monday, ( Yeas. ... 7 And decided in the negative, Those voting in the affirmative, are, Mr. Anderson Brown Green of Jo Daviess Mr. Jackson Vance Those voting in the negative, are. Mr. Adams Mr. Harper Akin Harvey Allen Hatch Armstrong Hawley Atherton Hay Blair Hayes Ballinpall Henderson Brocknun HOPS Bosbyshell Hogue Bunsen Holmes Butler Hunsaker Crain Hurlbut Canadv Huston Caldwell James Carnpbf 11 of Jo Daviess Jones Campbell of McDonough Judd Carter Kreider F. S. Casey Kenner Z. Casey Kinney of Bureau Cross of Winnebago Kinneyof St. Clair Cross of Woodford Knowlton Cloud Knox Church Lasater Churchill Laughlin Davis of Montgomery Lemon Davis of Massac Unify Dawson Lockwood D-^itz London Dummer McCallen Dunlap McCully Dunsmore McClure Edwards of Madison Mark ley Edwards of Sangamon Marshall of Coles Evey Mason Farwell Matheny Frick IVtifiire Graham Miller Geddes Minshall Green of Tazewell IN'offett Harding Moore Harlan Mr. Whitney \Vorcester. Mr^Morris Northcott Norton Oliver Primer of Maconpiti Palmer of Marshall Pfters Pinckney Powers Rives Rohbins Robinson Roman Rountree Scates Stadden Swan Sharpe Shields Spencer Servant Sibley Sim Simpson Singleton Smith of Gallatin Smith of Macon Shumway Thomas Thornton Trower Turn bull Turner Tuttle Vernor Wead West Williams Whiteside Woodson. JOURNAL OF THE CONVEiNTlON. [July 2. The question was then taken on the motion to adjourn until three o'clock, P. M., and decided in the negntive. Mr. Deitz moved to amend the resolution by adding thereto the follow- ing: " Without first obla : ning leave from the state legislature." Mr. Shumway moved to lay the amendment on the table. I\Jr. Moffett moved to lay the whole subject on the table until one week from next Monday. Mr. Shu m way called for a division of the question. The question was then taken on laying the amendment on the table, and decided in the affirmative. The question WHS then taken on laying the resolution on the tatlc until one week from next Monday, arid decided in the affirmative. Mr. Singleton offered the following: Resolved, That the members of this convention shall not be entitled to paper, pens, arid ink at the expense of the state, for their private use, nor shall any member be entitled" to any compensation for parts of days' ser- vice in this convention, but the day shall be lost to those rendering less than eight hours service each day; nor shall any member quit the nail for a longer period thanlwenty minutes, while the convention is in session, without leave of the pres-i lent, and an absence of more than twenty min- utes shall be considered a day. On motion of Mr. Thomas, The resolution was laid on the table, by yeas and nays, )\. '.* Those voting in the affirmative, are, Mr. Adams Mr. Hayes Mr. Palmer of Marshall Akin Hill Peterj Anderson Hogue Pinckney Brown Holmes Powers Bunsen Hunsaker Robbins Butler Huston Roman Cariady Jackson Rountree Z. Casey Jones Scales Cross of Winnebago Kenner Swan Cloud Kinney of Bureau Sharpe Church Knox Spencer Churchill Langhlin Servant Davis of Massac Lockwood Sibley Deitz Logan Sim Dumtner London Smith of Macon Dun^more McCully Thomas Ed wards of Madison McClure Turnbull Edwards of Sangamon Markley Turner Evey Mieure Tuttle Graham Miller Vance Green of Tazewell Moffett Vernor Haiding Moore West Harlan Norfhcott Williams Harper Norton IVoodson Jlatch Palmer of Macoupin Worcester. Hay July 2 JOURNAL OF THE CONVENTION. Those voting in the negative, are Mr. Allen Armstrong Atherton Blair Blakely Ballingall Brockman Bosbyshell Grain Caldvvell Campbell of Jo Daviess Carter F. S. Casey Dawson Dunlap Farwell Mr. Friclc Geddes Harvey Hawley Henderson Hoes Hurlbut James Jenkins Judd Kreider Kinney of Knowlton Lasater Lemon Linley Clair Mr. McCallen Marshall of Coles Mason Matheny Minshall Oliver Rives Robinson Stadden Shields Singleton Smith of Gallatin Thornton T rower Wead "Whileside. Mr. Hill offered the following: Resolved by this convention, that the standing hours of adjournment shall be fight o'clock, A. M., and two o'clock, p. M., each day, (Sun da)' 3 excepted,) until the final adjournment of this convention. Mr. Campbell of Jo Daviess moved to amend the resolution by adding thereto the following: "And that in computing the numher of days for which each delegate shall receive pay, Sundays shall not be included." Mr. Geddes moved that the convention adjourn until three o'clock, 1. iM. The question was taken, and decided in the negative. Mr. Uaycs moved that the convention adjourn until two o'clock, P. M. The question was taken, and decided in the negative. Mr. Hogue moved to lay the whole subject on the table. Mr. Campbell of Jo Daviess called for a division of the question. The question w\is then taken, by yeas and nays, on laying the amend- ment on the table, And decided in the affirmative. n hy ad- ding thereto the words "and shall not continue in session lor a longer period than sixty days/' Mr. Brockman moved to amend the amendment by adding thereto the following: " But the governor shall have powrr to prolong the session, it in his opinion the interest of the public demand the same." The question was taken on agreeing to the amendment to the amend- ment, and decided in the negative. The q-iestion was taken on agreeing to the amendment, and decided in the negative. Mr. Lemon moved to amend the eighth section by striking uut the words "the speaker of the senate exceptc I," in the socou 1 ijrjp. The question was taken on agreeing thereto, and decided in the nega- tive. 128 JOURNAL OF THE CONVENTION. [July 2. Mr. Sihloy moved further to amend by striking out all after the word "choose," in the first line, to the word "each," and to insert in lieu there, of the following: " Their own officers; the senate shall choose a tempoiary speaker wher the lieutenant governor shall not attend as speaker, or shall act as gov. ernor." The question was taken on agreeing thereto, and decided in the nega tive. Mr. Wead moved further to amend by striking out the words "two thirds of," in the third line of the same section. The question was taken on agreeing thereto, and decided in the neg tive. Mr. Graham mov^d further to amend by striking out the word 4i two, in the second line of the ninth section. The question was taken on agreeing thereto, and decided in the neg tive. Mr. McCallen moved to amend the 10th section by striking out th word '< two," in the first line, and insert "five" in lieu thereof. A division bein^ called for, the question was taken on striking out, ar decided in the negative. Mr. Sibley moved to amend the eleventh section by striking out t! words u two-thirds," in the second line, and inseit in lieu thereof tl words "a majority." The question was taken on agreeing thereto, and decided in the neg tive. On motion of Mr. Vance, The eleventh section was amended by inserting after the words " tw thirds," in the second line, the words " of all the members elected." On motion of Mr. Palmer of Macoupin. The eleventh section was amended by adding thereto the words folio ing: *And the reason for such expulsion shall be entered upon the journa with the names of the members voting for the same." Mr. Servant moved to amend section 13th by inserting after the wo "and," in the second line, the words " during one aay for every twen miles necessary travel." The question was taken on agreeing thereto, and decided in the neg tive. Mr. Kenner moved to amend the sixteenth section by adding there the folio \\iiitr: "And no hill shall become a law without the concurrence of a major of all the members elect in both Louses." The question was taken on ?n_ r n einji thereto, and no quorum voting, he committee rose, and reported that lact to the convention by t chairman. On moMon of Mr. l.pg.'in, Qrtifrtdi Thai the rciuminee have leave to sit again on Monday ne On motii-r. 1 nf Mr. (-inddes. The convention lu'jourm-d unlit Monday. July 5.] JOURNAL OF THE CONVENTION. 129 MONDAY, JUJLY 5, 1847. The convention met pursuant to adjournment. Prayer by the Rev. Mr. Bergen. The journal of Friday was read. Mr. Butler presented the petition of Reuben D. Dodge and 68 others, inhabitants of Lake county, praung that the number of senators and rep- ~ resentatives in the general assembly be fixed at a number not exceeding one hundred, that the length of the sessions be limited to sixty days; and that the per diem of members be limited to a sum not exceeding two dol- lars per day. Also, the petition of Reuben D. Dodge and 69 others, in- habitants of Lake county, praying that the time of holding the annual elections be changed to the first Monday in November, in each year; which were read, and, On motion of Mr. Butler, Referred to the committee on the Legislative Department. Mr. Butler presented the petition of Re j hen D. Dodge and 68 others, inhabitants of Lake county, praying that circuit judges, clerks of the cir- cuit court, district attorneys, and all other officers of the state, judicial or otherwise, may be elected by the people of this state. The petition was read, and, On motion of Mr. Butler, Referred to the committee on the Organization of Departments, and officers connected with the Executive Department. Mr. Butler presented the petition of Reuben D. Dodge and 68 others, inhabitants of Lake county, praying that the county commissioners' court may be abolished, and a township or precinct organization be established in lieu thereof, and that counties may have no power to create any debt without an especial act of the legislature. The petition was^read, and, On motion of Mr. Butler, Referred to the special committee on the organization of townships, &c. Mr. Edwards of Madison presented the petition of George Churchill and four others, citizens of Madison county, praying that provision may be made in the new constitution for a state superintendent of public instruc- tion, with a liberal salary. Mr. Dnmmer presented the petition of Sylvester Emmerson and thirty- seven others, citiz3ns of Cass county, praying for a like provision. Mr. Anderson presented the petition of A. Waterman and fifty-six others, citizens of Du Page county, also praying for a like provision. Mr. Hill presented the petition of Wm. M. Byers and twenty-two others, citizens of De Kalb county, also praying for a like provision. Mr. Davis cf McLean presented the petition of James Miller and one hundred and forty-four others, citizens of McLean county, also praying for a like provision. On motion, The reading of the petitions was dispensed with, and the same were everally referred to the committee on Education. 130 JOURNAL OF THE CONVENTION. [July 5. Mr. Vernor presented the petition of James Burns and forty-six others, citizens of Washington county, praying that all resident freeholders, who are foreigners by birth, be required to become naturalized. The petition was read, and, On motion of Mr. Vernor, Referred to the committee on the Bill of Rights. On motion of Mr. JScates, The resolution introduced by him some days since, in relation to the taxing of public lands, was taken from the table, and referred to the same committee of the whole to which was refeired the report of the committee on Revenue. On motion of Mr. Scates, The convention resolved itself into a committee of the whole, again to consider the report of the commitiee on the Legislative Department Mr. Z. Casey in the thair. The question pending when the committee rose on Friday last, was on the amendment proposed by Mr. Kenner, to be added to the 1 6th section. The question was taken on agreeing to the amendment, and decided in the affirmative. Mr. Church moved to strike out the 17th section. The question was taken, and decided in the negative. Mr. Ballingall moved to amend the 18th section, by inserting after the word "law," in the first line, the words: u Shall contain any matters not pertinent to the title, and first section thereof, nor/' And also, by inserting after the word 4i shall," in the same line, the words, "such general law." Mr. Holmes moved to amend the amendment by striking out the word ** published," in the 5th line, and inserting, in lieu thereof, the words, "sixty days after its passage." The question was taken on agreeing to the amendment to the amend- ment, and decided in the negative. The question was taken on agreeing to the amendment, and decided in the negative. Mr. Peters moved to amend the same section, by inserting after the word "house," in the first line, the following: "And if the bill shall be for a general law, it shall not be finally passed without first having been printed for the use of the members.'* The question was taken on agreeing thereto, and decided in the nega- tive. Mr. Kenner moved to amend the same section, by adding after the word " title," the following: "But the legislature shall not have power to pass any private or local law, unless a majority of two-thirds shall agree that the subject cannot be reached by a general law." The question was put on agreeing thereto, and decided in the negative. On motion of Mr. Knox, The said section was amended, by striking out the words, " private or local,' 1 in the fourth line. July 5.] JOURNAL OF THE CONVENTION. 131 Mr. Wead moved to amend the same section, by striking out all after the word " title," in the fifth line. The question was taken and decided in the negative. On motion of Mr. Hayes, and by the unanimous consent of the com- mittee, The vote taken on Mr. Knox's amendment to tlie 18th section was reconsidered. The question then recurred on agreeing to the amendment, and havirrg been put, was decided in the negative. On motion of Mr. Singleton, The 18th section was amended, by striking out all after the word "title," in the fifth line, and inserting in lieu thereof the following: "And no private or local art of the general assembly shall take effect, or be in force, until after the expiration of sixty days from the end of the session at which the same may be passed, unless, in case of emergency, the legislature shall otherwise direct, by a vote of two-thirds ot each branch of the legislature." On motion of Mr. Thomas, The same section, as amended, was still further amended, by striking out the words, "private or." Mr. McCallen moved to amend said section, as amended, by inserting after the word "houses," in the fourth line, the following: "And such law shall then become the law of the land." The question was taken on agreeing thereto, and decided in the nega- tive. Mr. Cross of Winnebago moved to amend the 20th section, by striking out the words ** forty- two," and inserting in lieu thereof the word "sixty." Mr. Sharpe called for a division of the question, so as to take the vote first on sti iking out. The question was then taken, but no quorum voting, The committee^of the whole rose, and, by their chairman, reported that fact to the convention. On motion of Mr. Thomas, A call of the convention was ordered. The convention being called, one hundred and twenty-eight members answered to their names; which being a quorum, The chairman of the committee of the whole resumed the chair, and The question was then taken on striking out, and derided in the nega- tive. Mr. Cross of Winnebago moved to amend the same section, by striking out the word c iwo," in the first line, and inserting in lieu thereof the words, "not to exceed three.*' Mr. Sharpe called for a division of the question, so as to take the vote first on striking out. The question was taken, and decided in the negative. Mr. Scates moved to amend ths same section, by inserting the word "actual" between the words "days" and "attendance," in the first and second lines. Also ,by striking out the word "the," before "members" in the third line, and inserting the word "each" in lieu thereof, and to make 132 JOURNAL OF THE CONVENTION. \July 5. the word "members'* read "member;" and by striking out the word "their," in the hst line, and inserting in lieu thereof the word u his." Mr. Ilurlbut called for a division, so as to vote on each proposition sep- arately. The question was taken on agreeing to the first proposition, and decided in the negative. The question was taken on agreeing to the second proposition, and de- cided in the negative. The question was taking on agreeing to the last proposition, and decided in the negative. Mr. Williams moved to amend the same section, by adding thereto the words, "and no more;*' which was agreed to. Mr. Mountree moved to amend the same section, as amended, by adding thereto the following: " The speaker of ihe house of representatives shall be allowed the sum of one dollar per day, in addition to his per diem as a member. The clerk of the house of representatives and the secretary ol the senate shall each be allowed the sum ol three dollars per day. The assistant clerk of the house of representatives and the assistant secretary of the senate, and en- rolling and engrossing clerks of the two houses, copyists of the journals, and doorkeepers and assistant, doorkeepers of each house, shall be allowed two dollars per day, each, for their services, and no more," Mr. Logan moved to amend the amendment; by striking out the word "one," and inserting in lieu thereof the word a two." On motion of Mr. Kitchell, The committee rose, reported progress, and asked leave to sit again, i^eave was accordingly granted. On motion, The convention adjourned until 3 o'clock, p. M. THREE O'CLOCK, p. M. The convention met pursunnt to adjournment. On motion of Mr. Thomas, A call of the convention was ordered. One hundred and fourteen members having answered, and a quorum being present, On motion of Mr. Shumway, Further proceedings under the call were dispensed with. On motion of Mr. Thomas, The convention resolved itself into a committee of the whole, again to consider the n-port of the committee on the Legislative Department Mr. Z Casey in the chair. The question pending when the committee rose, was on the amendment proposed by Mr. Logan to the amendment proposed by Mr. Rountree to the 20th section, as amended. Thenwstion was taken on agreeing thereto, and decided in the negative. Mr. Williams moved to amend the amendment, by striking out all after the word ' member." July 5-1 JOURNAL OF THE CONVENTION. 133 The question was taken on agreeing thereto, and decided in the affirma- tive. The question was then taken on agreeing to the amendment, as amend- ed, and decided in the affirmative. Mr. Scates moved further to amend the same section, by inserting, after the words *' house of representatives," the words, "and the president of the Senate." The question was taken on agreeing thereto, and decided in the nega- tive. Mr. Thomas moved to amend the 20th section, by adding thereto the following: " And any provision, contained in a bill making appropriations for the pay and compensation of the members and officers ol the general assem- bly, upon any other subject, shall be void." The question was taken on agreeing thereto, and decided in the nega- tive. Mr. McCaTlen moved to amend the same section, by inserting, after the word "day," in the first line, the words, "in gold or silver, or its equiva- lent." The question was taken on agreeing thereto, and decided in the nega- tive. On motion of Mr. Adams, The following was agreed to, as an additional section, to follow sec- tion 20: " The per diem and mileage allowed 1o each member of the legislature shall be certified by the speakers of the respective houses, and entered on the journals, and published at the close of each session." M. Deitz moved to amend the same sec'.ion, by striking out the word *' ten," in the second line, and inserting * fifteen" in lieu thereof. The question was taken thereon, and decided in the negative. Mr. iShumwajMnoved to amend the 2Ut section, by inserting after the word "'law," in the second line, the following: "Nor unless such payment be made within four years next after the pas- sage of such appropriation act; and every such Jaw making a new appro- priation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which ii is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum." The question was taken on agreeing thereto, and decided in the nega- tive. Mr. Whiteside moved to amend the 2'2d section, by striking out all af- ter the first line, and insert in lieu thereof the following: " L5e eligible to any civil office or place of trust under the authority of this state." The question was taken on agreeing thereto, and decided in the nega- tive. Mr. Thornton moved to amend the 21st section, by adding thereto the following: " And no person, who has been or may be a collector or holder of pub- lic moneys, shall have a seat in either house of the general assembly until such person shall have accounted (or, and paid into the treasury, all surr.s for winch he may be accountable." 134 JOURNAL OF THE CONVENTION. [July 5. The question was taken on agreeing thereto, and decided in the affir- mative. Mr. Wcad moved to amend the ?amc section, by inserting after the word "office," in the second line, the words, *or place of trust." The question was taken, and the amendment agreed to. Mr. Blair moved to amend the same section, by striking out the words, "or during one year after the expiration thereof," in the second line. The question was taken, and the amendment was not agreed to. Mr. Davis of Montgomery moved to amend the 23d section, by striking out the words ** present, in the second and fifth lines, and insert in lieu thereof, "elected." The question was taken, and the amendment agreed to. Mr. IScates moved to amend the 23d section, by striking out the words "two-thirds," and inserting in lieu thereof the words "a majority." The question was taken, and the amendment was not agreed to. Mr. Brillingall moved to amend the 25th section, by inserting after the word ' shall,' in the fifth line, ''during the time for which he was elected or appointed to such office, be eligible, or." The question was taken> and the amendment was not agreed to. Mr. Davis of McLean moved to amend the 25th section, by striking out the word " postmasters." The question was taken, and the amendment agreed to. On motion of Mi. Hurlbut, The 2.")th section was amended, by striking out the word u register," and inserting in lieu thereof the word ' recorder." On motion of Mr. Hogue, The 26th section was amended, by adding thereto the words, "and also an oath of office." On motion of Mr. Wead, The following was adopted as an additional section: " SEC. . The legislature shall never grant or authorize extra com- pensation to any public officer, agent, servant, or contractor, after the ser- vice ehall have been rendered, or the contract entered into." Mr. Harvey moved the following, as an additional section: SEC. . The general assembly shall have no power to appropriate more than dollars for the incidental and contingent expenses of the stale government, during any one year." The question was taken, and the amendment was not agreed to. Mr. Edwards of Sangamon moved the following, as an additional sec- tion: "SEC. . The general assembly shall direct, by law, in what manner suits may be brought against the state; and no claim against the state shall be allowed until proven and established before some tribunal, and afterwards npproved by the general assembly." Mr. Kitchell moved to amend the amendment, by striking out all after the word "tribunal." The question was taken, and the amendment to the amendment was not agreed to. The question was taken on agreeing to the proposed section, and decided in the affirmative. July 5.] JOURNAL OF THE CONVENTION. 135 On motion of Mr. Edwards of Sangamon, The 30th section was amended, by striking out nil after the words 4t real estate," in the second line." On motion of Mr. Logan, The same section, as amended, was further amended, by adding thereto the words, * belonging, in whole or in part, to any individual or individ- uals." Mr. Butler moved to amend the 31st section, by inserting after the word " individual," in the second line, the words "corporations or associations;'^ and by inserting the same words after the word ''individuals," in the third line. Tlie question was taken on the amendment, and decided in the negative. Mr. Edwards of Sang-unon moved to amend the same section, by insert- ing after the word ''individual," in the second line, the following: "Nor to pass any law authorizing any proceeding in any court, affecting the property or rights of any individual, other than is allowed under the general laws of the land." The question was taken, and decided in the affirmative. Mr. Scales moved to amend the 31st section, by striking out all after the word ' 4 law," in the fifth line. On motion of Mr. Geddes, The committee rose, reported progress, and asked leave to sit ag\tin. Leave was accordingly granted. Mr. Scat.es offered the following, as an additional section to the article reported by the committee on the Legislative Department SEC. . The legislature shall have power To lay and collect taxes, imposts, and excises; to pay the debts and pro- vide for the common defence, support, and general welfare of the state; To borrow money on the credit of the state; To pass all laws which may be deemed wise and expedient, in amend- ment, alteration,^ abolishment of the principles of the common law, of equity, maritime, or mercantile law; To define and provide for the trial and punishment of crimes and mis- demeanors, and regulate the general policy of the state; To provide for the due administration of justice, the execution of-the laws, and the enforcement of the decisions of the courts of justice and such other tribunals as may be established; To regulate the rules of practice and evidence, the mode of instituting suits and proceedings against the state, the people thereof, and corpora- tions in or ojt of tne state; To exempt from attachment, execution, and sale for taxes, or debt, such property as it may deem wise and expedient; To regulate the descent of real estate, titles to the same, wills, intestacies, the administration, distribution, and settlement of estates, and the rules for ascertaining, defining, and enforcing all contracts relative to property, real or personal, or to individuals or corporations; To define and regulate the relations and duties of husband arid wife, pa- rent and child, guardian and ward, and master and servant; To establish and r-gulaie counties, town?, cities, and districts, and rules for the municipal government therein; To regulate insolvencies; 136 JOURNAL OF THE CONVENTION. [Juyl 6. To regulate elections; To establish and regulate roads, ferries, toll-bridges, and internal im- provements; To regulate the navigation of the waters of this state, and internal com- merce; To encourage agriculture, the mechanic arts, and manufactures; To promote general education, the progress of srience and the useful arts, by establishing schools and institutions of learning, and such other means as may be deemed wise and expedient; To provide for organizing, arming, disciplining, and calling for the militia to execute the laws of the state, suppress insurrections or repel invasions; To fix and locate the seat of government of the state, build, repair, and preserve a state house, and such other public offices as may be necessary for the transaction of the public business, and the preservation of the ar- chives and public records; To regulate the administration of the several departments of state, and officers connected with the executive and other departments; To define and regulate the duties of the agents of the state; To provide for making a geological survey of the state; To provide for revising the laws of the state from time to time, and publishing the same, in a condensed iorm; To pass all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this con- stitution in the government of this state, or any department or officer thereof: all which powers shall be exercised within the limitations, restric- tions, and prohibitions contained in this constitution. And it is expressly declared that the government ordained and eslab- lished by this constitution is one of limited, delegated powers; and the powers, not herein delegated, are reserved to the people, the source of all political po'ver. Which, on his motion, was laid on the table, and two hundred copies ordered to be printed for the use of the convention. On motion, The convention adjourned until to-morrow morning, 9 o'clock. TUESDAY, JULY 6, 1847. Convention assembled pursuant to adjournment. Prayer by the Kev. Mr. Dresser. The journal of yesterday was read. Mr. Robbins presented the petition of Oscnr F. McMillan and nineteen others, citizens and qualified voters of the state ol Illinois, praying that :i homestead of 160 acres of land, or a town lot of one acre, with the im- provements, be exempted from mortgage and forced sale, &c., and also 4 to secure families a more liberal amount of personal property;*' when, on his motion, the reading was dispensed with, and the petition was re- ferred to the committee on Law Reform. Mr. Servant presented the petition and memorial of Jacob Feaman and thirty-six others, inhabitants of Kaskaskia, in relation to the com- July 6.] JOURNAL OF THE CONVENTION. 137 mons granted by the French government to the inhabitants of the parish of Kaskaskia on the 14th day of August, 1743; which was read, arid, on his motion, referred to a special committee of five. Ordered, That Messrs. Servant, Kinney of St. Clair, Constable, Roman, and Robbins, be that committee. Mr. Wead presented the petition of A. G. Little and sixty-one others, citizens of i ulton, Knox, Peoria, Mason^ and Brown counties, praying that provision may be made in the new constitution for a state superit- tendent of public instruction, with a liberal salary; when, on his motion, the reading of the petition was dispensed with, and it was referred to the ommittee on Education. The president presented the following communication from the auditor of public accounts: AUDITOR'S OFFICE, ILLINOIS, July 5, 1847. To the honorable, The PRESIDENT of the Convention: SIR: In compliance with the following resolution of your body, to wit: " Resolved, That the auditor of state be requested to furnish this conven- ion, in tabular form, a statement of the revenue of the several counties of this 5>tate ; also, of the state revenue from the years 1839, inclusive, to he present year; also, that the auditor of state transmit a copy of this resolution to the clerks of the several county commissioners' courts, with request that said clerks transmit, in form aforesaid, all information on the objects aforesaid which can be obtained from the filts and records of said counties; and that the said clerks further report the amount of the indebt- edness of said counties to said auditor," I have the honcr to submit the accompanying statement, with the re- mark that it contains the information asked for so far as ascertainable from he records in this office. I have received reports from seventeen counties, which are herewith mb milted. I have the honor to be your obedient servant, THOS. H. CAMPBELL, Auditor, On motion of Mr. Kitchrll, The communication, with the report and the accompanying documents, was referred to the committee on Revenue. Mr. Harvey, from the committee on Incorporations, reported the fol- owingas proper to be engrafted as an article in the new constitution of bis state: ARTICLE . SECTION 1. Corporations, not possessing banking powers or privileges, nay be formed under general laws, but shall not be created by special acts, xcept for municipal purposes, and in cases where, in the judgment of he legislature, the objects of the corporation cannot be attained under general laws. SEC. % 2. Dues from corporations not possessing banking powers or 138 JOURNAL OF THE CONVENTION. [July 6. privileges, shall be secured by such individual liabilities of the corporators or other means, as may be prescribed by law, SEC. 3. No state bank shall hereafter be created, nor shall the state own, or be liable for, any stock in any corporation or joint stock associa- tions for banking purposes. SEC. 4. No banking powers or privileges shall be granted either by general or special acts of incorporation, unless directed by the people of tho state, as hereinafter provided. SEC. 5. The leaislature may at any session, but not oftcner than once in four years, direct the vote of the people to be taken on the day of the general election, for or against the absolute prohibition contained in the fourth section of this article, six months notice having been first given, and if a majority voting shall decide against the prohibition contained in the said fourth section, the legislature may authorize the forming of cor- porations or associations for banking purposes by general acts of incorpo- rations, upon the following conditions: 1. No law shall be passed sanctioning in any manner, directly, or in- directly, the suspension of specie payments. %. Ample security shall be required in specie of all bills and notes put in circulation as money, and a registry of ail such bills and notes shall be required. 3. The stockholders in every corporation and joint stock association for banking purposes, issuing bank notes or any kind of paper credits to circulate as money, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind. 4. In case of insolvency of any bank or banking associations, the bill- holders shall be entitled to preference in payment over ait other creditors of such bank or assoc iation. 5. Non-payment of specie shall be a forfeiture of all banking rights and privileges, and the legislature shall not have power to remit the for- feiture, or relieve from any of its consequences; and provision shall be made by law lor the trial, in a summary way, by the judicial tribunals o! all contested questions of forfeiture of banking privileges. SEC. 0. Acts of incorporation for rrunicipal purposes, whether gener al orspec ; al, may at any time be altered, amended, or repealed, and al general acts granting corporate powers of any kind other than for munli cipal purposes, may at any time be altered, amended or repealed, but sue! alteration, amendment, or repeal shall, unless the rhht to make the ^ be reserved, operate prospectively. Mr. Harvey moved to lay the report on the table, and that two hun| dred copies be printed for the use of the convention. Mr. Cross of Winnebago moved 500 copies. On motion of Mr. Campbell of Jo Daviess, The report was laid on the table, and 1000 copies ordered to be prin| ted. Mr. Harvey, from the same committee, which was instructed by res< lution 10 inquire in!o the expediency of reporting sundrv provisions to adopted in the amended constitution, providing that ' there shall be *uly 6.] JOURNAL OF THE CONVENTION. 139 ,iank of issue or discount within this state-," &c., reported the same back, jmd asked to be discharged from the further consideration thereof. I The question was taken, on discharging the committee, and decided n the affirmative. ! Mr. Kinney of St. Clair, from the minority of the committee on Incor- porations, reported the following sections, as proper to be inserted in the lew constitution: \ SECTION 1. No corporate body shall be hereafter created, renewed or mended within this state with banking or discounting privileges. SEC. 2. Corporations shall not be created in this state by special laws. ut the legislature shall provide by general and uniform laws, under hich corporations or associations of persons may ba formed, and not oth- wise. except corporations with banking or discounting privileges, ihe reation of which is prohibited. SEC 3. No persons, corporation, or associations of persons, shall be lowed to make, issue, or put in circulation, within this state, any bill, leek, ticket, certificate, or other paper, or the paper of any bank, or ita ranches, or any evidence of deht intended to circulate as money. SEC. 4. No branch, or agency ot any bank, or banking institution in le United States, or any state or territory, within qr without the United tatos, shall be established or maintained within this state. SEC. 5. The members of such corporations or associations of persons all be individually liable for the debts, liabilities, and acts of such in- jrporation or associations, and for the consequences resulting therefrom. On motion of Mr. Davis of Massac, The report was laid on the table, and 1.000 copies ordered to be prin- ;d for the use of the convention, with the report of the majority. Mr. Harvey from the same committee which had had under considera- on sundry propositions, reported the same back, and asked to be discharg- d from the further consideration of them. The question was talten on discharging the committee, and decided in ie affirmative. Mr. Jenkins, from the committee on the Division of the State into ounties and their Organization, made report of the following: ARTICLE . SECTION 1. No new county shall be established by the legislature, rhich shall reduce the county or counties from which it is taken, or eith- rof them, to less content* than four hundred square miles; nor shall any ounty be established of less contents, unless it shall contain within its rescribed limits four thousand inhabitants; nor shall such new county organized, until a majority of the qualified voters within its prescribed mits, at some election held for that purpose, shall have voted in favor of uch organization. SEC. "2. No county seat shall be removed, until the point to which it prooosed to be removed shall be fixed by law, and a majority of the ualified voters of the county shall have voted in favor of its removal to jch point. SEC. 3, There shall be established in each county in this state a court ' record, to be styled the county court, to be composed of three judges. 140 JOURNAL OF THE CONVENTION. [July SEC. 4. Each county in this state shall be divided into three district as nearly equal, in point of population, as may be, and the county judge shall be selected, one from each district, and elected by the qualified v< ters of the whole county. SEC. 5. The county court shall have power and jurisdiction in all ma ters relating to county taxes, disbursement of money for county purpose and in every other case that may be necessary to the internal improv< ment and local concerns of the county, and such other powers and juri diction as the legislature shall from time to time piescribe by law. SEC. 6. There shall be established in each county in this state, a cou of probate, which shall be a court of record, to consist of one office who shall be elected by the qualified voters of the counties, respective! 1 and be styled the judge, of probate. SEC. 7. The courts of probate shall have jurisdiction, in matters re lating to the settlement ol the estates of deceased persons, executors, a< ministrators, and guardians, and such other jurisdiction as may be assigne to them by law; Provided, however, that judges of probate shall not a< as justices of the peace. SEC. 8. In each of the counties of this state there shall be elected, b the qualified voters therein, one clerk of the circuit court, one "clerk the county court, one recorder, one judge of probate, one sheriff, one co oner, one county surveyor, one assessor, one collector, and one treasure whose powers and duties shall be provided by law. SEC. 9. There shall be elected in each county in this state, in sue districts or townships as the county court may designate, or as may b authorized by law, as many justices of the peace, constables, and othe officers and agents as may be necessary Jo conduct the business of sni counties, respectively, whose jurisdiction and duties shall be defined b the legislature. SEC. 10. The judges of the county courts, clerks of the circuit court clerks of the county courts, sheriffs, coroners, recorders, judges of pr( bate, assessors, collectors, treasurers, justices of the peace, and constables shall be elected for two >ears, and until their successors are elected an qualified, and all other officers or agents, authorized by this article, shal be elected at such times as the county court may direct, or as may b otherwise provided by law. Mr. McCallen rroved that the report be laid on the table, and 100< copies printed. The question being taken on the motion, was decided in the negative. On motion of Mr. Markley, The report was laid on the table, and 500 copies thereof ordered to bi printed. Mr. Turnbull, from the minority of the same committee, reported thi following as suitable to be engrailed into the new constitution: SECTION 1. i\o county heretofore erected and organized shall be re duced by the legislature to a less area than four hundred square miles nor shall any new county be erected with a less area than four hundre< square miles, unless the population thereof shall entitle the same to a re presentative in the legislature. j JOURNAL OF THE CONVENTION. 141 .c. 2. All county and township officers shall be elected by the peo- of their icspective counties and township?, BEC 3. There shall be elected in each county in this state, one coro- r, one sheriff, ono county surveyor, one recorder, one or more assessor?, ree county commissioners, and a prose< uting attorney, whose terms of ice, duties, and liabilities shall severally be prescribed by law. SEC. 4. There shall be elected in each county a county treasurer, who all be receiver and collector of the public revenue, and whose duties d liabilities shall be prescribed by law. SEC. 5. There shall be elected in each county in this state, a county ditor, who shall enter all lands lying in his county for taxation, shall be jfficio clerk for the county commissioners' court, and shall perform such r duties as may be required of him by law. 5C. 6. There shall be elected in each township or fractional town'- in this state, when the inhabitants thereof shall exceed fifty in num- three township trustees, who shall act as judges of elections for state, ity, or township purposes, select their ratio of juror?, settle with su- isors, and see that the public roads are kept in repair, and perform other duties as may be required by law. EC. 7. There shall be elected one township clerk, one or more super- rs, two or more justices of the peace, two or more constables, three seers of the poor, and three fence- viewers, whose duties shall be pre- bed by law. On motion of Mr. Turn bull, he report of the minoriiy was laid on the table, and 500 copies order- be printed with the report of the majority, for the use of the con- ,ion. [r. Jenkins, from the same committee, submitted the following report, as being the views of a majority of the committee, but by order of convention: > ARTICLE . ECTIOX 1. No new county shall be formed or established by the legis- re which will reduce the county or counties, or either of them, from ch it shall be taken, to less contents than four hundred square miles; shiill any county be formed of Jess contents, nor any line of which 1 pass within less than ten miles of any county seat already establish- EC. 9. No county shall be divided, or have any part stricken ^there- n, without submitting the question to a vote of the people of the coun- nor unless a majority o! all the legal voters of the county shall vote the same. he committee also recommended to the convention a reconsideration his subject, in order that the last two sections might not become parts the amended constitution. On motion of Mr. Logan, 'he article last reported was lajd on the table, and ordered to be printed, imp-inying the other reports, of to-day, on a similar subject. On .notion of Mr. Jenkins, '.esolvsd, That the committee on the Judiciary Department be instruc- 142 JOURNAL OF THE CONVENTION. [July 6 ted to inquire into the legality, justice, and expediency of inserting in th< amended constitution the following provis on, to wit: That all titles to land acquired by any person by purchase of the sam< at any sale tor taxes, made by authority of this state, shall be void, on th< condition that the person who owned the land, or his legal representatives does, within fire years from the adoption of this consiitution, pay to th< purchaser, his heirs or assigns, the sum paid by him for the land, with per cent, interest on the same from the time of such sale, until the timeo payment, and such reasonable price for the improvement made upon sue! land as a jury called for the purpose may think is right, after taking int< consideration the damage done to the land and timber, and deducting i from the value of said improvements. Reso/ved, That if the committee on the Judiciary should think the plai proposed in the foregoing resolution, for carrying into effect the object con templated therein, unjust or inexpedient, they will report to the conven tion such other plan as they deom expedient, if, in their opinion, any thinj can be done to relieve such as have lost their lands under the operations c said laws. On motion of Mr. Logan, The convention resolved itself into a committee of the whole, again t< consider the report of the committee on the Lrgislative Department Mr Woodson in the chair. The question pending when the committee rose on yesterday eveninj was on the motion of Mr. Scales to amend the 3lst section by striking out all after the word Haw," in the fifth line. After some time spent in the consideration of the same, On motion ot Mr. Davis of Montgomery, The committee rose, reported progress, and asked leave to sit again which leave was granted. On motion, The convention adjourned until three o'clock, p. M. THREE O'CLOCK, r. M. The convention met pursuant to adjournment. On motion of Mr. Shumway, A call of the convention was ordered. The call was proceeded in, when 117 members answered to their namei and a quorum being present, On motion of Mr. Shumwav, Further proceedings under the call were dispensed with. On motion of Mr. Markley, The convention resolved itself into a committee of the whole, again t consider the report of the committee on the Legislative Department Mi! Woodson in the chair. The question pending when the committee rose this morning was on th motion made on yesterday by Mr. Scales, and stated in this morning's joui, nal. July 7.] JOURNAL OF THE CONVENTION. 143 Mr. Logan moved to amend the article by striking out the 3Ist section. The question having been taken, the amendment was not agreed to. The question was then taken on the amendment proposed by Mr. Scates, and decided in the negative. Mr. Williams moved to amend the 31st section by adding thereto the following: "in court; Provided, nothing herein contained shall prevent the pas- sage of any law for seizing and holding persons or property by mesne pro- cess until such trial can be had." Mr. Harvey moved to amend the amendment by substituting therefor the words * or the law of the land." The question was taken on agreeing thereto, and decided in the nega- ;ive. The question was taken on agreeing to the amendment, and decided in ic affirmative. Mr. Thornton moved to amend the same section by inserting after the ord " law," in the 5th line, the following: * Provided, the general assembly shall have power to grant such char- rs of corporation as they may deem expedient, and riot prohibited." On motion of Mr. Markley, The convention rose, reported progress, and asked leave to sit again; hich leave was granted. On motion, The convention adjourned until to-morrow morning, at nine o'clock. WEDNESDAY, JULY 7, 1847. Convention assembled pursuant to adjournment. Prayer by Rev. Mr. Hale. The journal of yesterday was read. Mr. Cross of Winnebago presented the petition of S. W. Leland and lirty-four others, citizens of Winnebago county, praying that provis ; on ay be made in the new constitution lor a state superintendent of schools, ith a liberal salary. Mr. Moffett presented the petition of L. H. Brown and twenty-seven tbers, citizens of Carroll county, praying for a like provision. On motion, the reading of the petitions was dispensed with, and they rere referred to the committee on Education. Mr. Holme*?, from the minority of the committee on Militia and Milita- ' Affairs, submitted the following as suitable to be ingrafted into the mended constitution: SECTION 1. The militia of this state shall consist of all free white male )le- bodied persons, residents of the state, between the ages of eighteen nd forty-five years; except such persons as now are or may hereafter be tempted by the laws of the United States er of this state, and shall be sgistered, armed, equipped, and trained as the general assembly may pro- id e by law. SEC. 2. No person shall be compelled to bear arms in time of peace, rovided he shall pay an equivalent for such exemption; And provided, \nher, that this section shall not excuse any person from bearing armi 144 JOURNAL OF THE CONVENTION. [July 7. when called upon to aid the civil authorities, or to suppress insurrection, or repel invasion. SEC. 3. Company, battalion, and regimental officers, (staff officers excepted) shall be elected by the persons composing their several compa- nies, battalions, and regiments. SEC. 4. Brigadier and major generals shall be elected by the officers of their brigades and divisions respectively. Stc. 5. All militia officers shall be commissioned by the governor, and may hold their commissions tor such time us the legislature may provide. EC. 6. The militia shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest, during their attendance at mus- ters and election of officers, and in going to and returning from the same. The report was read, and, On motion of Mr. Davis of McLean, Laid on the table, and 200 copies ordered to be printed for the use of the convention. On motion of Mr. Logan, The convention resolved itself into a committee of the whole, again to consider the report of the committee on the Legislative Department Mr. Woodson in the chair. The question pending when the committee rose on yesterday, was on agreeing to the amendment proposed by Mr. Thornton to the 31st section; when, Mr. Thornton withdrew the amendment. Mr. Davis of McLean moved to amend the same section by striking out all after the word < to," in the first line, to the word " legislature," in the sixth line, inclusive. Mr. Caldwell moved to amend the amendment by striking out all after the word "other," in the fourth line, to the word " law,*' in the fifth line, inclusive, and to insert in the third line, between the word " any " and * law," the words " private or special." Mr. Davis of McLean called for a division, so as to vote first on insert- ing. The question was taken on agreeing to the insertion of the words "pri- vate or special," and decided in the negative. The question was then taken on striking out all between the words "any " and ' 1 iw," and decided in the negative. Mr. Wead called for a division, so as to vote separately on striking out each paragraph of the amendment proposed by Mr. Davis of McLean. The question was then taken on striking out the first paragraph, and de- cided in the affirmative. The questions were successively taken on striking out the second and third paragraphs, and decided in the nffirmative. Mr. Geddes moved that the committee rise, report progress, and ask leave to sit again. And the question being taken, the motion was not agreed to. The question was taken on striking out the fourth paragraph, and that part, also, of the motion, agreed to. Mr. Williams offered the following, to be added to the same section, amended : July 7.] JOURNAL OF THE CONVENTION. H5 "Or for collecting taxes by distress and sale of personal property with- out judgment." The question was taken and the amendment agreed to. Mr. Hogue moved to strike out the whole section as amended. On motion of Mr. Harvey, The committee rose, reported progress, and asked leave to sit again; which leave was granted. On motion, The convention adjourned to 3 o'clock, P. M. THREE O'CLOCK, P. M. The convention assembled pursuant to adjournment. Mr. Z. Casey offered the following: Resolved, That this convention will adjourn sine die on Friday, the 31s inst. On motion of Mr. Markley, The resolution was hid on the table. On motion of Mr. Hogue, The convention resolved itself into a committee of the whole, again to consider the report of the committee on the Legislative Department Mr. Woodson in the chair. The question pending when the committee rose, was on the motion made by Mr. Hogue, to strike out the 31st section, as amended. On motion of Mr. Logan, The3lst section, and the pending amendments, were informally passed over for the present. Mr. Markley moved to amend the 3'2d section by inserting after the word "law," in the^third line, the following words: "And in the year eighteen hundred and fifty, and every tenth year thereafter, the census taken by authority of the government of the Uni- ted States may be adopted by the general assembly as the enumeration of this state,'- and insert the word "regular 1 " between the words "first" and " session," in the third line. Mr. Edwards of Sangamon moved to amend the amendment by strik- ing out the whole section, and inserting in lieu thereof the following: " The apportionment of the senators and representatives shall be made according to the census which may be taken by order of congress next preceding the making such apportionment among the several counties or districts, to be established by law, in proportion to the number of white inhabitants." The question was taken on agreeing to the amendment to the amend- ment, and decided in the negative. The question was taken, and the amendment agreed to. Mr. Thomas moved the following as an additional section: " Senatorial and representative districts shall be composed by contigu- ous territory, bounded by county lines, and only one senator allowed to 10 i 146 JOURNAL OF THE CONVENTION. [July 8. each senatorial, and not more than three representatives to any represen- tative district; Provided, that cities and towns, containing the requisite population, shall be divided into separate districts, but the ratio of repre- sentation in such cities or towns shall be equal to one and a half of that required for counties, and not more than two representatives shall be al- lowed to each of such districts." Mr. Northcott moved to amend the proposed section by striking out the word "three," and inserting in lieu thereof the word "one." Mr. McCallen called for a division, so as to take the vote first on strik- ing out. The question was taken on striking out, and decided in the negative. Mr. Green of Jo Daviess called for a division, so as to take the ques- tion on the first branch of the proposed section. The question was taken, and the first branch of the proposed section was agreed to. Mr. Minshall moved to amend the second branch of the proposed sec- tion, by striking out the words u and towns." The question was taken, and the amendment not agreed to. The question was taken, and the second branch of the proposed section agreed to. Mr. Thomas proposed the following as an additional section: u ln forming senatorial and representative districts, counties containing a population of not more than one fourth over the existing ratio shall form separate districts, and the excess shall not be computed, but shall be added together and given to such county or counties in the same judicial circuit not having a senator or representative, as the case may be, which has the larges; white population." Mr. Harding offered the following as a substitute for the proposed sec- tion: 4i Whenever a county shall be entitled to a separate senator or repre- sentative, and has an excess of population over the existing ratio, such excess, unless it amounts to more than one fourth of such ratio, shall be disregarded; and whenever a county has two representatives, and has an excess, such excess, unless it amounts to more than one-half the existing ratio, shall be disregaided." On motion of Mr. Thomas, The committee rose, reported progress, and asked leave to sit again ; leave was accordingly granted. On motion, The convention adjourned until to-morrow morning at 9 o'clock. THURSDAY, JULY 8, 1847. The convention met pursuant to adjournment. Prayer by the Rev. Mr. Barge r. The journal of Saturday was road. Mr. Servant presented the petition of Edward Boucherie an others, inhabitants of Kaskaskia, in relation to the commons near town. July 8.] JOURNAL OF THE CONVENTION. 147 On motion of Mr. Servant, The reading was dispensed with, and the petition referred to the same select committee to which a similar petition was referred. Mr. Z. Casey, from the committee on Revenue, to which was referred a communication from the auditor of public accounts, with the accompa- nying papers, reported the same back, and asked to be diicharged from the further consideration thereof. The question was taken, and the committee discharged. On motion of Mr. Pratt, The following was adopted as a standing rule of this convention: " No member, either in convention or in committee of the whole, shall speak at any one time, unless by unanimous leave, lonorer than thirty min- utest Mr. Mark ley moved to amend the 18th rule by striking out all after the word <* applicable," in the second ime, to the word " A," in the 4th line. On motion of Mr. McCallen, The previous question was ordered. The question was taken by yeas and nays, It was decided in the negative, (Nays, 58 78 Those voting in the affirmative, are, Mr. Adams Akin Allen Atherton Blair Brockman Brown Bunsen Butler Canady Caldwell Carter F. S. Casey Z. Casey Colby Dale Deitz Dunlap Eccles Mr. Edmonson Mr. Oliver Frick Palmer of Marshall Green of Tazewell Pratt Harper Rives Harvey Robbins Hatch Robinson Hawley Roman Hay ' Hill Rountree Scates Hunsaker Stadden James Shields Kreider Kenner Spencer Sim Kinney of St. Clair Me Cully Trower Vance Markley Vernor Matheny Wead Moffett Witt Morris Woodson. Those voting in the negative, are, Mr. Archer Ballingall Bond Bosbyshell Grain Campbell of Jo Daviesa Choate Cross of Winnebago Cross of Woodford Cloud Church Churchill Davis of Montgomery Mr. Davis of McLean Dawson Dummer Dunsmore Edwards of Madison Edwards of Sangamon Evey Graham Geddes Green of Clay Green of Jo Daviess Grimshaw Harding Mr. Harlan Heacock Henderson Hogue Ho lined Hurlbut Huston Jackson Jenkins Jones Judd Kinney of Bureau Kitchell 148 JOURNAL OF THE CONVENTION. [July 8. Mr. Knowlton Mr. Mieure Mr. Singleton Knox Minshall Smith of Macon Lander Moore Shumway Lasater Northcott Thomas Laughlin Norton Thompson Lemon Palmer of Macoupin Thornton Linley Peters Turnbullj Lockwood Pinckney Turner - Loean Powers Tattle London Swan Webber McCallen Sharpe Williams Marshall of Coles Servant Whitney Mason Sibley Worcester. On motion of Mr. Edwards of Madison, The following preamble and resolutions were unanimously adopted. Whereas, we have just learned, with deep emotion, that the remains of Col. John J. Hardin and Capt. Jacob Zabriskie have reached St. Louis, and that preparations have been made to inter them with funeral honors at Jacksonville; and whereas, these events excite afresh the grief with which ever)' heart was penetrated when the mournful intelligence of their fallen the bloody field of Buena Vista was first spread among us; and whereas, it is the custom of all civilized nations to honor their illustrious dead, and especially those who have gallantly fought and gloriously fell in the service of their country ; and whereas, it is deemed highly right and proper in itself, as well as promotive of the spirit which ought to an- imate a free people, that we should commemorate, if not by costly monu- ments, at least by a spontaneous expression of feeling, the heroic deeds and manly virtues of the deceased; it is. therefore, by this convention Resolved, That we do cordially sympathize with the friends ancT fami- 'liesof the slain, who, by this awful visitation, have sustained a loss which all the honors of the world cannot deprive of its bitterness. Resolved, That we sincerely mourn the loss of the state, in the death of Hardin, Zabriskie, Hough ton, and others, who have so largely contrib- uted to the lustre of her arms, and the glory of her name. Resolved, That in the death of Col. Hardin, we sincerely mourn the loss sustained by the state, in being deprived of a citizen who had deserved- ly acquired the respect and the aticction of the people, and a statesman whose distinguished ability and integrity were justly admired by all. Resolved, That this convention, in honor of those who have so glorious- ly fallen in the service of their country, do adjourn, so soon as informa- tion is received of the arrival of the remains of the deceased at Jackson- ville, for the purpose of joining in the celebration of the funeral ceremo- nies of the lamented Hardin and Zabriskie. On motion of Mr. Campbell of Jo Daviess, Resolved, unanimously, That this convention, in testimony of their deep sense of the loss ths state has sustained in the death of the lamented Har- din, and other volunteers who have fallen in the service of their country, will wear crape on the left arm for thirty days. On motion of Mr. Brown, Resolved, unanimously. That copies of the foregoing preamble and res- July 8.] JOURNAL OF THE CONVENTION. 140 olutions, signed by the president and secretary, be transmitted by the sec- retaiy to the families of the deceased. On motion, The convention adjourned to three o'clock. P. M. I THREE O'CLOCK, P. M. The convention met pursuant to adjournment. On motion of Mr. Singleton, Leave of absence was granted to Mr. Brockman for six days. On motion of Mr. Archer, The convention resolved itself into a committee of the whole, again to consider the report of the committee on the Legislative Department Mr. VVoodson in the chair. The question pending when the committee rose on yesterday, was on agreeing to the substitute proposed by Mr. Harding for the proposed sec- tion offered by Mr. Thomas. Mr. Harding withdrew the proposed substitute. On motion of Mr. Bond. The proposed section was amended by striking out the word " such," in the seventh line, and by inserting in lieu thereof, the words " the near- est," and, also, by striking out the words ; in the same judicial circuit," in the eighth line. Mr. McCallen moved the following as a substitute for the proposed sec- tion: "No district shall elect more than one representative." The question was taken, and the amendment not agreed to. The question was tiken, and the proposed section agreed to. On motkm of Mr, Archer, The 33d section was amended by adding at the end of said section, the following: " The legislature shall provide for the publication of said law for three months at least before the vote of the people shall be taken upon the same. 1 ' Mr. Kenner moved further to amend the same section by striking out all before the word " unless," in the fourth line, and insert in lieu thereof the following: "The state shall not have power to contract debts." Mr. Sim proposed as a substitute for the amendment the following: To strike out all after the word " state," in the first line, to the word "except,' in the second line, and insert in lieu thereof the following: "Shall have no power to borrow money." And to strike out the words "shall be contracted," and to insert after the word "same, "in the fourth line, the words "setting forth the amount, also the particular purpose for which the same is required." The question was taken, and the proposed substitute agreed to. Mr. Edwards of Sangamon moved the following as a substitute for the 150 JOURNAL OF THE CONVENTION [July 3, amended amendment, to be inserted at the commencement of the sec- tion: " The expenditures of the government for any given period shall never exceed the amount of revenue authorized by law, to be raised in such time provided," and, also, to strike out the word " but," in the first line. The question was taken, and the substitute agreed to. Mr. Thomr.s moved to amend the amendment as amended, by striking out the word "period," and inserting the word "year." The question was taken, and the amendment to the amendment not agreed to. The question was taken, and the amendment as amended was agreed to. Mr. Hayes moved to amend the same section by striking out all after the word " contracted," in the fourth line. The question was taken, and the amendment not agreed to. Mr. Sharpe proposed to amend the same section by striking out the words "the law authorizing the same shall," in the fourth line, and insert in lieu thereof the following: "The same shall be authorized t>y law for some single object or work, to be disiinctiy specified therein; which law shall specify the ways and means, exclusive of loans, to pay the interest of such debt or liability as it falls due, and also to pay the principal within years from the time of contracting thereof, anrl such law sha 1 ! he irrepenlable until such debt or liability is fully paid and discharged, and all n oney raised by the author- ity of such law shall be applied only to the specific object stated therein, and to the payment of the debt thereby created, and which law shall." The question was taken, and the amendment not agreed to. Mr. Powers moved to amend the same section, as amended, by adding thereto the following: "And provision shall be made at the time for the payment of the inter- est annually as it shall accrue, by a tax levied for the purpose, or from other sources of revenue." Mr. Harvey moved to amend the amendment by substituting therefor the following: " Nor unless such law shall impose and provide for the collection of an annual tax sufficient to pay the interest on such debt as it falls due, and the principal in ten years, such law shall be irrepealable till such debt be fully paid.' ? The question was taken, and the amendment not agreed to. On motion of Mr. Hayes, The following proviso was added to the amendment: "Provided further, the law levying the tax shall be submitted to the peo- ple with the law authorizing tht contracting of the debt." Mr. Shumway moved that the committee rise, report progress, and ask leave to sit again. The question was put, and the motion not agreed to. On motion of Mr. Harvey, The amendment, as amended, was further amended by inserting after the word *' revenue," the words l < which said law shall be irrepealable." The question was taken, and the amendment as amended agreed to. July 9.] JOURNAL OF THE CONVENTION. 151 Mr. Scates moved to amend the same section, as amended, by striking out the words *' contract debts," in the first Jine, and inserting in lieu thereof the words u borrow money." Mr, Knapp of Scott called for a division of the question. The question was taken on striking out, and decided in the negative. Mr. Kenner moved to strike out all after the word "purpose," in the second line, to the word * 4 unless," in the fourth line of the same section, as amended. The question was taken, and the amendment not agreed to. On motion of .\lr. Thornton, The same section, as amended, was further amended by inserting after the word "dollars,'' in the second line, the following: " And the moneys thus borrowed shall be applied to the purpose for which they were obtained, or to re-pay the debt thus made, and to no other purpose." Mr. Kenner moved to amend the same section, as amended, by striking out the words "and against it," in the fifth line, and inserting in lieu thereof the words " members of the genera] assembly. The question was taken, and the amendment agreed to. On motion of Mr. Logan, The committee rose, reported progress, and asked leave to sit again; which was granted. On motion, The convention adjourned to to-morrow morning at nine o'clock. FRIDAY, JULY 9, 1817. The convention assembled pursuant to adjournment. Prayer by Rev. Mr. Bailey. The journal of yesterday was read. Mr. Hawley presented the petition of John Houston and twenty-seven others, citizens of Crawford county, praying that provision may be made in the new constitution for a state superintendent of public instruction with a liberal salary. Mr. Spencer presented the petition of David B. Lamberson and twenty others, citizens of Rock Inland county, praying fora like provision. On motion, the petitions, without reading, were referred to the com- mittee on Education. The president laid before the convention a communication from His Excellency, the Governor; which was read, as follows: " EXECUTIVE DEPARTMENT, Springfield, July 8, 1847. To the President of the Constitutional Convention: SIR: In compliance with a resolution of said convention,! have the hono to transmit, herewith, a statement of the public debt of the state of Illinois so far as the same appears of record in the office of the fund commissioner I have the honor to be, very respectfully, Your obedient servant, A. C. FRENCH, Ex officio Fund Commissioner. 152 JOURNAL OF THE CONVENTION. [July 9. Outstanding State Debt of Illinois. Bank and internal improvement bonds, $1,075,000 Internal improvement bonds, - ... 3,644,000 Sterling bonds, - - 594,00 State house bonds, - - 92,000 Internal improvement scrip, 655,000 Wiggins' loan, - - - 100,000 Due State Bank of Illinois, August 14, 1845, 85,380 $0,245,380 Interest on same, July 1, '41 to July 1, '47, - - 2,248,372 $8,493,752 f Taken up of bonds and scrip, $117,671 | On sale of railroad, - 21,100 Deduct^ For settlement with Macalister and Stebbins, interest bonds, scrip, &c., - - 190,000 328,771 Total internal improvement debt, $8,164,981 Total amount of canal debt up to December 1, '46, inclu- ding interest. (See Reports 1846-'7, page 100.) 6,009.187 57 Recapitulation. Internal improvement debt, &c. $8,164,981 00 Canal debt, (exclusive of the 1,600,000.) - 6,009,187 57 $14,174,1(,8 57 Deduct amount paid as interest on public debt, - 131,550 35 Total, - $1 1,042,618 22 Total amount of school, college, and seminary funds. (See auditor's report, session '46 and '7, page 53.) 870,202 33 Mr. Z. Casey moved to lay the communication and accompanying doc- uments on the table, and that 5,000 copies thereof be printed for the use of the convention. Mr. Thomas moved 1,000 copies. Mr. Stadden moved 2,000 copies. Mr. Campbell of McDonou^h moved 3,000 copies. The question was successively taken on printing 5,000, 3,000, and 2,000 copies, and decided in the negative. //v9.1 JOURNAL OF THE CONVENTION. 153 . j The question was taken on laying the communication and accompa- nying documents on the table, and printing 1,000 copies thereof, and de- cided ia the affirmative. On motion of Mr. Hogue, The convention resolved itself into a committee of the whole, again to consider the report of the committee on the Legislative Depaitment Mr. Woodson in the chair. Mr. Sharpe moved to take up the motion of Mr. Hogue to strike out the 31st section as amended. The question was put, and the motion not agreed to. Mr. Thomas moved to amend the 35lh section by inserting the word "binding," after the word "printing." The question was put, and the amendment agreed to. Mr. Butler moved to strike out the 35th section. Mr. Churchill moved to amend the s?ime section by inserting between the words "fuel and" the word "lights." The question was taken and the amendment not agreed to. Mr. Northcott moved to amend the same section by adding the follow- ing proviso: "Provided, That no private acts shall be printed at the public expense." The question was taken and the amendment not agreed to. Mr. Edwards of Sagamon moved to amend the same section by adding thereto the following proviso: "Provided, That no private acts shall be printed at the public expense unless by a vote of three-fourths of each house of the general assembly." Mr. Turnbull moved to amend the amendment by substituting there- for the following: "Provided further, that ev^ry private act shall be published at the expense of the person for whose benefit the same is passed, and no such act shall take effect until published. The question was taken, and the substitute was not agreed to. The question was taken, and the amendment not agreed to. Mr. Dawson moved further to amend the same section by inserting after the word "state," in the fourth line, the word "shall." The question wn.s put, and the amendment agreed to. Mr. Brown moved to strike out the word "copying," in the second line of the same section. The question was taken, and the amendment not agreed to. Mr. Scates rroved to amend the same section by striking out the word u of," in the second line and inserting in lieu thereof the words "and all other printing ordered by." The question was taken, and the amendment agreed to. Mr, Edwards of Sangamon moved to amend the same section by adding thereto the following proviso: "Provided, that the General assembly may fix a maximum price.' 1 Mr. Knapp of Jersey moved to substitute for the amendment the folowing: "Provided, that the legislature shall have the right to determine whether the lowest responsible bidder, as contemplated in this section shall be rea- 151 JOURNAL OF THE CONVENTION. [Juty 9, sonable in its amount, and as low as could be obtained by private con* tract." The question was taken, and the substitute rejected. The question was taken on agreeing to the proviso, and decided in the affirmative. The question was taken on striking out the section and decided in the negative. Sir. Singleton moved to take up his motion to re-consider the vote by which the committee of the whole refused to insert the words "fivejears in the state and'' after the word "resided," in the third line of the third section. The question was put, and the motion agreed to. The question was put, and the motion to reconsider not agreed to. On motion of Mr. Sharpe, The motion made by Mr. Hogue, which was informally passed over some days since, to strike out the 3lst section, was taken up. Mr. Sharpe moved to strike out the whole section as amended, and in- sert in lieu thereof the following: <% The legislature shall not have power to provide by law for the sale of non-resident lands for taxes, until judgment shall first be had against the same." Mr. Palmer of Macoupin moved that the committee rise, report pro- gress, and ask leave to sit again. The question wus put, and decided in the negative. Mr. Archer renewed the same motion. The question was put, and decided in the negative. The question was put, on agreeing to the substitute proposed by Mr. Sharpe, and decided in the negative. On motion of Mr. William?, The same S2ction, as amended, was further amended by inserting after the word "process" the words 4> or otherwise." On motion of Mr. Logan, The same section, as amended, was still further amended by striking out the word "court" and inserting the words "by some usual and regular judicial tribunal," in lieu thereof. The question was then taken upon the motion of Mr. Ilogue, to strike out the section and decided in the negative. On motion of Mr. Z. Casey, The committee rose, reported back the report of the committee on the Legislative Department, with sundry amendments, and asked the concur- rence of the convention therein. On motion of Mr. Thomas, The report, as amended, was laid on the table, and 200 copies ordered to be printed for the use of the convention. On motion, The convention adjourned until 3 o'clock, p. M. w/yO.] JOURNAL OF THE CONVENTION. 155 THREE O'CLOCK, p. M. The convention met pursuant to adjournment. On motion of Mr. Lockwood, The convention resolved itself into a committee of the whole, to con- der the report of the committee on the Executive Department Mr. /rain in the chair. Mr. Lockwood moved to amend the second section, by adding thereto be following, before the words "the governor," in the first line: "The first election of governor shall be held on the first Monday of 'ovember, 1848, and the next election shall be held on the first Monday : November, 1852, and forever thereafter elections for governor shall e held once in four years, on the first Monday of November." Mr. Dale moved to amend the amendment by striking out the words LS5'2," and insert in lieu thereof the words U 1850," and by striking out x>ur" and inserting "two." The question was taken, and the amendment to the amendment not gjreed to. The question was taken and the amendment agreed to. Mr. Lockwood moved to amend the third section by substituting lerefor the following:: A< SEC. 3. The first governor shall enter upon the duties of his office on le second Monday of January, 1849, and shall hold his office until the jcond Monday of January, 1853, arid until another governor shall be ectecl and qualified to office; and forever after the governorshall hold his fice for the term of four years and until another governor shall be elec- sd and qualified, but he shall not be eligible for more than four years in ny term of eight years." Mr. Cross of Winnebago moved to amend the amendment by striking Ut all after the last word "qualified." The question was taken, and the amendment to the amendment rejected. The question was taken, and the amendment agreed to. Mr. Farwell moved to reconsider the vote taken on agreeing to the mend merit added to the second section; which motion lies over one day, nder the rule. Mr. Edwards of Sangamon moved to add to the third section as amen- ed the following: i; Nor to any other office until after the expiration of his term for which e was elected." The question was taken, and the amendment agreed to. Mr. Pratt moved to strike out the 4th section and insert in lieu thereof le following: "No person except a citizen of the United States, and who shall have een a resident of this state for the period of five years next preceding s election shall be eligible to the office of governor; neither shall any per- n be eligible to that office who shall not have attained the age of thirty ears." 156 JOURNAL OF THE CONVENTION. [July 1C| The queition was taken, and the amendment not agreed to. Mr. Lemon moved to amend the same section by striking out ihe word "thirty-five," and inserting in lieu thereof the words "forty-five." The question was taken, and the. amendment not agreed to. On motion of Mr. Scates, The same section was amended by striking out all after the won "except," in the first line, the words "a natural born citizen or," and m striking out the words "at the adoption of this constitution." Mr. Logan moved to further amend the same section by adding there tj the words: "and have been a citizen of the United States fifteen years.' On motion of Mr. Campbell of Jo Daviess, The committee rose, by Mr. Grain, their chairman, reported progress and asked leave to sit again; which was granted. On motion, The convention adjourned until to-morrow morning, at nine o'clock. SATURDAY, JULY 10, 1847. The convention assembled pursuant to adjournment. Prayer by Rev. Mr. Brown. The journal of yesterday was read. On motion of Mr. VVhil hitney. Leave of absence was granted to Mr. Adams for ten days, in conse quence of sickness in his family. Mr. Knowlton presented the petition of Asahel Wilmot, and seventy seven others, citizens of Peoria and Marshall counties, praying that pro vision may be made in the new constitution for a superintendent of pubj lie instruction, with a liberal salary; which, without reading, was referreij to the committee on Education. Mr. Nichols presented the petition of John Brown, and twenty-twd others, praying that effective provision may be made for the exemption of a homestead of 160 acres of land, or a town lot of one acre, with th improvements, from mortgage and forced sale, for any debt or liability en tered into from and after the adoption of the constitution; which waj read, and, on his motion, referred to the committee on Law Reform. Mr. Thomas moved to take from the table a resolution introduced bj him some days since in relation to additional rules. The question was taken, and decided in the affirmative. On motion of Mr. Thomas, The resolution was referred to the same committee first raised on th< 1 subject of rules. Mr. Hayes offered the following: Resolved^ That all the subjects which have been referred to the com mittee of the whole convention be taken from that committee, and herej after the use of committees of the whole in the deliberations of this bod;! shall be discontinued. Mr. Hayes moved to refer the resolution to the same committee to whicl 1 was referred the resolution of Mr. Thomas. ily 10.] JOURNAL OF THE CONVENTION. 157 The question was taken, and decided in the negative. Mr. Haves then withdrew the resolution. On motion of Mr. Lockwood, The convention resolved itst-lf into a committee of the whole, again consider the report of the committee on the Executive Department [r. Grain in the chair. The quesiion pending when ihe committee rose on yesterday, was on e amendment offered by Mr. Logan to the fourth section. Mr. Logan modified the amendment by striking out the word "fifteen," id inserting in lieu thereof the word "fourteen." The question was taken, and the amendment as modified was agreed to. Mr. Mark ley moved further to amend the same section, bv striking out e word " five." The question was put, and the amendment rejected. Mr. Markley moved to reconsider the vote taken on the amendment fered by Mr. Logan; which lies over one day. Mr. Whitney moved to reconsider the vote just taken on the amend- ent proposed by Mr. Markley; which lies over one day. Mr. Jones moved further to amend the same section by striking out the ords "at the time of the adoption of this constitution." The question was taken, and the amendment agreed to. Mr. Shurnway moved to amend the fifth section further by striking out e word? "twelve hundred and fifty," and inseit in lieu thereof the ords " one thousand." Mr. Cross of Winnebago moved to amend the amendment by striking at the words " one thousand," and inserting in lieu thereof the words two dollars per day for the first forty-two days, and one dollar per day r each day's actual service thereafter." The question was taken, and the amendment to the amendment agreed '. ^ The question recurrecl on the amendment as amended, when, Mr. Edwards of Sangamon called for a division, so as to take the vote rst on striking out. The question was taken on striking out, and decided in the negative. Mr. Knapp of Jersey offered the following as a substitute for the fifth ction : "That the governor shall receive the sum of fifteen hundred dollars per nnum for his services as governor, and which sum shall not be increased or diminished." Mr. Dale moved to amend the amendment by striking out the words fitteen hundred,*' and insert in lieu thereof the words " one thousand." Mr. Vance called fora division, so as to take the question first on strik- igout the words "fifteen hundred." The question was taken on striking out, and decided in the affirmative. The question was taken on inserting the sum of "one thousand," and ecided in the negative. Mr. Campbell of Jo Daviess moved to amend, the amendment by sub- ituti"g therefor the following: The governor shall reside at the seat of government, and receive for 158 JOURNAL OF THE CONVENTION. {July V his salary the sum of two thousand dollars per annum, which shall not b increased or diminished, and he shall be ex officio fund commissioner." On motion of Mr. Logan, The committee rose, reported progress, and asked leave to sit again which was granted. On motion, The convention adjourned until Monday morning, at 9 o'clock. MONDAY, JULY 12, IS47. Convention assembled pursuant to adjournment. Prayer by Rev. Mr. Palmer of Marshall, a member. The journal of yesterday was read. Mr, Lockwood offered the following, to be added to the revised const tution, as an article in relation to taxation: Hereafter no purchaser of any land or town lot, at any sale of lands c town lots for taxes due, either to this state, or any county or incorporate town or city within the same, or at any sale for taxes or levies authorize by the laws of this state, shall be entitled to a deed for the land or tow lot so purchased, until he or she shall have complied with the followin conditions, to wit: such purchaser shall serve, or cause to be served, written notice of such purchase on every person in possession of sue land or town lot, three months before the expiration of the time of n demptiori on such sale, in which notice he shall state when he purchase the land or town lot, the description of the land or lot he has purchase and when the time of redemption will expire. In like manner he sha serve on the person or persons, in whose name or names such land or 1( is or are taxed, a similar written notice if such person or persons shall r side in the county where such land or lot shall be situated. And in th event the person or persons, in whose name or names the land or lot taxed, do not reside in the county, such purchaser shall publish such notic in some newspaper printed in such county, and if no newspaper is printe in the county, then in the nearest newspaper that is published in th state to the county in which such land or lot is situated, which notic shall, be inserted three times, the last time not less than three months b fore the time of redemption shall expire. Every purchaser, by himself c agent, shall, before he shall be entitled to a deed, make an affidavit of h having complied with the conditions of this section, which shall be d< livered to the person authorized by law to execute such tax deed, an which shill by him be filed with the clerk of the circuit court of the count where such land or lot shall lie, to be by such clerk carefully preserve among the files of his office. Any person swearing falsely in any sue affidavit shall be deemed guilty of perjury and punished accordingly. I case any purchaser shall be compelled under this section to publish a nc tice in anewspaper, then, before any person who may have a right to re deem such land or lot from such tax sale shall be permitted to redeem, h or she shall pay the officer or person who, by law, is authorized to recei \My 12.] JOURNAL OF THE CONVENTION. 159 (such redemption money, the printers fee for publishing such notice and the expense of swearing or affirming to the affidavit and filing the same. On motion of Mr. Hurlbut, The proposed article was laid on the table, and 200 copies ordered to printed for the use of the convention. Mr. Scates, from the committee on the Judiciary Department, made the olio wing report: Mr. President: The committee on the Judiciary, to which have been eferred so much of the present constitution as relates to that department >f the government, together with various resolutions of enquiry relative to he expediency of sundry changes, amendments, and modifications in the organization of that department; and, also, in relation to attorney gener- il, and state's attorneys, and county attorneys, &c., have had those sev- ;ral subjects under consideration, and have directed me to report the fol- owing article to be inserted in the constitution: ARTICLE . SECTION 1 . *-The judicial power of this state shall be vested in one su- >reme court, in circuit courts, and in such inferior courts as the legislature ball, fronvtime to time, ordain and establish. SEC. & The supreme court shall have appellate jurisdiction only, ex- ;ept in cases relating to the revenue; and power to issue writs of habeas arpus, mandamus, prohibition, quo warranto, informations, in the nature of vrits of quo wnrranto and certiorari, and to hear and determine the same, md in such cases of impeachment as may be required to be tried before t. SEC. 3. The supreme court shall consist of one chief justice, and two tssociate justices, who shall be not less than thirty-five years of age, and tiall receive a salary of twelve hundred dollars per annum each, and no nore, payable quarterly. SEC. 4. The justices of the supreme court shall be elected by the ualified voters of the state on the first Monday of March after the adop- ion of this article; returns whereof shall be made to the secretary of tate, who shall count the same in the presence of the governor and au- itor, or either of them; the three persons having the highest number of f Otes shall be elected. SEC. 5. The secretary of state shall, in the presence of the same per- ons. draw the names of the said justice* by lot; the justice whose name 3 first drawn, shall be chief justice, and hold his office for six years; the econd drawn, shall hold his office four years; the other^two years; and ach until his successor is commissioned and qualified. Thereafter, an lection shall be held every two years, on the first Monday of March, for ne justice of the supreme court, who shall hold his office six years, and ntil his successor is qualified. After the term of the first chief justice xpires, the justice oldest in commission shall be chief justice. SEC. 6. One term of the supreme court shall be held annually, in ach judicial circuit, at such time and place as may be provided by law. SEC 7. There shall be twelve judicial circuits, which may be increas- d from time to time, as the legislature may provide. 160 JOURNAL OF THE CONVENTION. [July 12. SEC. 8. At the first election for justices of the supreme court, and on the first Monday of March every six years thereafter, the qualified elec- tors of each judicial circuit shall elect a judge for said circuit, who shall be not less than thirty years of age, and resident in said circuit; returns whereof shall be made and canvassed as provided in section four. They shall hold their offices for six years, and until their successors are qualified; and each shall receive a salary of one thousand dollars per annum, arid no more, payable quarterly. SEC. 9. The governor shall fill by appointment all vacancies that may happen in the supreme or circuit courts within one year of the expiration of the term, otherwise he shall issue a writ for a special election; returns whereof shall be made and canvassed, as provided in section four. SEC. 10. No person holding an office of honor, trust, or profit, under the government of the United States or this state, shall be eligible to a judicial office in a court of record during the time for which he was ap- pointed to said office. Nor shall any justice or judge of the supreme or circuit court be eligible to any other than a judicial office, during the tim< for which he may have been elected or appointed. SEC. 11. For any reasonable cause, which shall not be sufficient groun< for impeachment, both justices and judges shall be removed from offic< on the address of two-thirds elected to each branch of the general assem- bly; Provided, always, that no member of either house of the general as- sembly shall be eligible to fill the vacancy occasioned by such remov SEC. 14. The governor shall commission the justices and judges forj the terms as provided in this article. SEC. 13. Two or more terms of the circuit court shall be held annual- ly in each county. SEC. 14. At the first election of justices of the supreme court, an< every two years thereafter, a clerk of the circuit court of each countj shall be elected by the qualified voters thereof. SEC. 15. The clerk of the circuit court of the county in which tl supreme court shall sit shall be clerk of the supreme court for that judicii circuit. SEC. 16. A competent number of justices of the peace shall be ele< ted by the people in each county, in such manner as the general assemblj may direct, whose term of service, powers, and duties shall be regulatec and defined by law, with jurisdiction not exceeding one hundred dollar They shall be commissioned by the governor. SEC. 17. At the first election for justices of the supreme court, am every two years thereafter, an attorney general shall be elected by th< electors of the state, who shall be commissioned by the governor, hold hit office two years, and receive an annual salary of five hundred dollars, pay- able quarterly; and whose duties shall be prescribed by law. SEC. 18. At the first election for judge of the circuit court, and evel two years thereafter, there shall be elected, by the voters of each circuit a state's attorney, who shall be commissioned by the governor, hold hi} office for two years, and receive an annual salary of four hundred dollars payable quarterly, and whose duties shall be prescribed by law. On motion of Mr. Markley, July 12.] JOURNAL OF THE CONVENTION. 161 The report was laid on the table, and 200 copies ordered to be printed for the use of the convention. Mr. Scatee, from the Judiciary committee, which was instructed to in- quire into the expediency of sundry propositions, and to which was also referred sundry resolutions and communications, reported the same back, and asked to be discharged from the further consideration thereof. The question was taken, and the committee discharged. Messrs. Davis of Massac and Wead, from the minority of the commit- tee on the Judiciary, made the following report: ARTICLE . ' SECTION 1. The judicial power of this state shall be vested in one su- preme court, in circuit courts, injustices of the peace, and in such other courts as the legislature may, from time to time, establish. SEC, 2. The supreme court shall consist of three judges, any two of whom shall forma quorum; and the concurrence of two of said judges shall, in all cases, be necessary to a decision. SEC. 3. The state shall be divided into three grand divisions, as nearly equal as may be, and the qualified electors of each division shall elect one of said supreme judges for the term of six years. The legislature may change or alter said divisions to meet the exigencies of the people. SEC. 4. The office of one of said judges shall be vacated in two years, of one in four year", and of one in six years, to be decided by lot, so that one of said judges shall be elected once in every twu years. The judge having six years to serve shall be the first chief justice, after which the judge having the oldest commission shall be chief justice. SEC. 5. The supreme court shall have appellate jurisdiction only, ex- cept in cases relating to the revenue, in cases of mandamus, and to -ace, not less than three, shall constitute a quorum to do business, under such regulations as may be prescribed by law. SEC. 4. There shall be elected in each of the counties now establish- ed, and in such as may hereafter be established in this state, by the quali- fied voters of such counties, one clerk of said county court, who shall be ex officio recorder of deeds, one c'erk of the circuit court, one sheriff, one coroner, one county surveyor, and such number of justices of the peace, constables, and other officers and agents as may be necessary to conduct the business of said counties, respectively, whose powers and duties shall be regulated by law. SEC. 5. The justices of the peace, clerks of the different courts, sher- iffs, coroners, and surveyors, shall hold their offices for two years and un- til their successors are duly elected and qualified, until the end of the ses- sion of the general assembly to be begun and held on the first Monday in January, eighteen hundred and fifty-three, after which time the term of office of said respective officers shaU be fixed by law. Mr. Knapp of Scott moved to refer the report made by Mr. Hurlbut, and the substitute offered therefor by Mr. Rountree, to the committee on Miscellaneous Subjects and Questions. Mr. Kenner moved to lay the report on the table, and that 200 copies of them be printed for the use of the convention. The question was taken on the last motion, and decided in the affirma- tive. Mr. Scates moved to amend the motion so as to include the substitute. The question was taken, and decided in the affirmative. The question was taken upon the motion, as amended, and decided in the affirmative. Mr. Dawson offered the following: "Resolved, That the rules be so amended as that a majority shall consti- tute a quorum of this convention to do business, until the 20th inst., and thereafter no leave of absence shall be granted to any member of this con- vention hut for sickness of himself or family. Mr. Wead moved to amend the resolution by striking out so much of the icsolution as relates to leave of absence. July 12.] JOURNAL OP THE CONVENTION. Kf> On motion of Mr. Peters, The resolution and amendment were laid on the table. On motion of Mr. Scales, The convention resolved itself into a committee of the whole, again to consider the report of the committee on the Executive Department Mr. Grain in the chair. The question pending when the committee rose on Saturday, was _on_ the substitute offered by Mr. Campbell of Jo Daviess, in lieu of the sub- stitute offered by Mr. Knapp of Jersey, for the filth section. Mr. Campbell of Jo Daviess modified his substitute so as to strike out the words " two thousand dollars." The question was taken on the substitute for the substitute offered by Mr. Knapp of Jersey, and decided in the affirmative. Mr. Campbell of Jo Dariess moved to fill the blank in the amended substitute with the words " fifteen hundred dollars." Mr. Davis of Montgomery moved "one thousand dollars." Mr. Thomas moved **two thousand dollars," The question was successively taken on inserting "two thousand dollars," "fifteen hundred dollars," and "one thousand dollars," and decided in the negative. Mr. Jones moved that the committee rise, report progress, and ask leave to sit again. The question was taken, and decided in the negative. Mr. Norton moved to fill the blank with "fourteen hundred dollars." Mr. Knowlton moved "fourteen hundred and fifty dollars." Mr. Geddes moved " twelve hundred and fifty dollars." Mr. Harding moved "twelve hundred dollars." The question was successively taken on "fourteen hundred and fifty dol- lars." and " fourteen hundred dollars," and decided in the negative. The question wa^ successively taken on inserting " twelve hundred and fifty dollars," and "fourteen hundred dollars," and decided in the nega- tive. Mr. Gevides moved that the committee rise, report progress, and ask leave to sit again. The question was taken, and decided in the negative. Mr. Akin moved to fill the blank with "eight hundred dollars." The question was taken on inserting the words '* twelve hundred and fifty dollars," and decided in the affirmative. On motion of Mr. Thomas, The committee rose, reported progress, and asked leave to sit again ; which was granted. On motion, The convention adjourned to three o'clock. P. 11. THREE O'CLOCK, P. M. The convention met pursuant to adjournment. On motion of Mr. Shumway, A call of the convention was ordered. While the call was pending, ICG JOURNAL OF THE CONVENTION. [July Mr. Campbell of Jo Daviess moved that the convention adjourn until Thursday, three o'clock, p. M. The question was taken, and decided in the negative. The call having been proceeded in tor some time, and a quorum being present, On motion of Mr. Z.Casey, Further proceedings under the call were dispensed with. Mr. Lockwood moved to take from the table tLe resolution offered this morning by Mr, Daw son in i elation to a quorum, &c. The question was taken, by yeas find nays, ( Ye is 41 And decided in the negative, < XT ' _ , (Nays, ... 74 Those voting in the affirmative, are 5 Mr. Allen Atherton Campbell of McDonough Choate Dale Davis of Montgomery Davis oi McLean Dawson Dunsmore Harding Hay Hill Hunsaker Jackson Mr. Jones Judd Kmpp of Jersey Knapp of Scott Kniney of Bureau Kmney ot St. Clair Lander Lemon Lockwood Logan Motfeit Pace Palmer of Macoupin Palmer of Marshall Those voting in. the negative, are, Mr. Akin Mr. Geddes Archer Green of Clay Armstrong Green of Jo Daviess Blair Giimshaw Blakely Harlan BallingaU Batch Butler Haw ley C-ain Heacoek Campbell of Jo Daviess Henderson Carter Hogue F. S. Casey Huston Z. Casey Jenkins Colby Kenner Cross of Winnebago Knowlton Cloud Knox Davis of Massac Lasater Dunn Linley Edwards of Madison Loudon Edwards of Sangamon McCalfen Eccles McCully Edmonson McClure Farwell Me Rattan Frick Manly Graham Marklej Mr. Peters Pinckney Robbins Robinson Swan Shields Sim Thomas Thornton Turner TUtt Wead Witt. Mr. Mason- Alieure Moore Nichols Oliver Pratt Powers Rives Rountree Scates Spencer Servant Sibley Simpson Singleton Smith of Gallatrn Shu m way Thompson Turnbull Vernor West Whiteside Whitney Worcester. ly 1-2.] JOURNAL OF THE CONVENTION. 167 Mr. Akin offered the following: Whereas, Mr. Male, in a sermon on the lllhday of July, in the Se- cond Presbyterian church, denounced the existing war with Mexico as beinu unjust; and whereas, such declarations ought not to be tolerated, more especially in a republican government; anJ whereas, it is unbe- coming a minister of the gospel to use such language in a gospel sermon, er b >re the young and rising generation; therefore, I\ ilver/ 9 That said Mr. Hale be excused from holding prayers in this- convention for the future. On motion of Mr. Cross of Winnebago, The resolution was laid on the table, . . . Ipj 618 ' Those voting in the affirmative, are, Mr. Armstrong Mr. Heacock Mr. Palmer of Macoupin AMierton Henderson Palmer ol Marshall Blair Hill Pratt B! .kely Hunsaker Peters B ,d Huston Pinckney Choate Jackson Powers Cross of Winnebago Jenkins Robinson I ...id Jones Rountree Church Judd Scales Dale Knapp of Jersey Swan D ivis of Montgomery Kuapp of Scott Shields Davis of McLean Kenner Spencer Dawson Kinney of Bureau Servant Deitz Knowlton Sibley Dunn KIIOX Sim Dunsraore Lander Simpson I M wards of Madison Lemon Singleton Edwards of Sangamon Lockwood Shumway Ecclcs Logan Thomas Prick McClure Thornton Graham Mason Turnbtill Gfddef Matheny Turner Gnmshaw M pure Wead Harding Moffett West Harlan Moore W T itt Harvey Nichols Whitney Hawley Norton Worcester. Hay Those voting in the negative, are, Mr. \lcih Mr. Edmonson Mr. McHatton Allen Farwell Manly Archer Green of Clay Mark'ley Ballingall Hatch Oliver Sutler Hogue Pace Crain Kinney of St. Clair Rives Campbell of Jo Daviess Lasater Robbins Campbell of McDonough Laughlin Smith of Gallatin Carter Lin ley Thompson F. S. Casey London Tutt Z Casey McCallen Vernor Colby Me Cully Whiteside. 168 JOURNAL OF THE CONVENTION. {July 12. Mr. Lock wood offered the following: Resolved, That the rules be so amended that a majority of the members of the convention shall be a quorum to do business. The question was taken, and the resolution rejected. Mr. Camubell of Jo Daviess moved that the Rev. Mr. Hale be excused from further service as chaplain in this convention. On motion of Mr, Singleton, The motion was laid on the table. Mr. Knapp of IScolt offered the following: Resolved, That this convention highly appreciate the services of the volunteers, both officers and privates, ol this state, who have perilled their lives in the cause of our common country in the war with Mexico-, that their fame is established upon an immovable bsis, far above the reach of calumny, having earned for themselves a character that needs no vindica- tion, and which cannot be impaired by detraction. Mr. Campbell of Jo Daviess moved that the resolution be amended by adding to it the following: u And that this convention highly deprecate all reflections prejudicial to the character of the volunteers, corning frcm the pulpit or any other source." Mr. Logan moved that the proposed amendment be amended by strik- ing out the word " character," and inserting instead, the words "courage or patriotism." And the question being put, the same was rejected. The question was put upon the adoption of the amendment to the reso- lution, and decided in the affirmative. Mr. Palmer of Macoupin moved the following aa a substitute for the resolution as amended : Whereas, all men have a natural and indefeasible right to worship Al- mighty God according to the dictates of their own consciences, and that no human authority can, in any case whatever, control or interfere with the rights of conscience; and whereas, liberty of speech is one of the in- valuable r ghts of a free people, being responsible to the laws of the land for any abuse thereof; therefore, Resolved^ That while as individuals we do dissent from many of the po- sitions assumed by the Rev. Mr. Hale, as they have been reported to this convention, we do disclaim all censorship over the pulpit, or the opinions expressed therefrom, inasmuch as such censorship is in violation of the rights of the Rev. gentleman, and beyond our legitimate sphere. Mr. Campbell of Jo Daviess moved that the substitute be laid on the table. Mr. Markley called for a division, so that the vote might be first taken on laying the resolution on the table. The question was accordingly taken, by yeas and nays, upon laying the resolution, contained in the substitute, on the table, And decided in the affirmative, ** * * July 12.] JOURNAL OF THE CONVENTION. 169 Those voting in the affirmative, are, Mr. Akin Allen Archer Armstrong Blair Blakely Ballingall Butler Grain Campbell of Jo Daviess Campbell of McDonough Carter F. S. Casey Z. Casey Choate Cloud Dale Davis of Massac Edmonson Evey Mr. Farwell Green of Clay Hatch Henderson Hill Hoes Hogue Hunsaker Huston Jenkins Kinney of Bureau Kinney of St. Clair Lasater Laughlin Linley Loudon McCallen McCully McClure McHatton Those voting in the negative, are, Mr. Bond Brown Cross of Winnebago Church Davis of Montgomery Davis of McLean Dawson Deitz r Dunsmore Edwards of Madison Edwards of Sangamon Eccles Frick Graham Geddes Grimshaw Harding Harlan Mr. Hawley Heacock Jackson Jones Knapp of Jersey Knapp of Scott Kenner Knowlton Knox Lander Lemon Lockwood Logan Matheny x Mieure Moore Norton Palmer of Macoupin Mr. Manly Markley Motfett Nichola Oliver Pace Pratt Rives Robbins Rountree Shields Simpson Smith of Gallatin Shumway Turner Tutt Vernor Wead Witt Whiteside. Mr. Palmer of Marshall Peters Pinckney Powers Robinson Swan Spencer Servant Sibley Sim Singleton Thomas Thompson Thornton Turnbull West Whitney Worcester. The question was taken, by yeas and nays, on laying the preamble on the table, And decided in the negative, Those voting in the affirmative, are, Mr. Ballingall Mr. Carter Butler F. S. Casey Campbell of Jo Daviess Choate Those voting in the negative, are, 9 102 Mr. Akin Allen Archer Arm strong Blair Mr. Bond Biown Grain Zadok Casey Cross of Winnebago Mr. Hill Kinney of St. Clair Linley. Mr. Cloud Church Dale Davis of Montgomery Davis of Mclean 170 JOURNAL OF THE CONVENTION. \_July 15. Mr. Davis of Massac Mr. Judd Mr. Peters Dawson Knapp of Jersey Pinckney Deitz Knapp ol Scott Powers Dunn Kinney of Bureau Robbins Dunsmore Knowlton Robinson Edwards of Madison Knox Rountree Eii wards of Sangamon Lander Swan Eccles Lasater Shields Euinonson Laughlin Spencer Far well Lemon Servant Fnck Lockwood Sibley G; -iham Logan Sim Gpddes London Simpson Green of Clay McCallen Singleton Giimshaw Me Cully Smith of Gallatin Hardiiig McClure Sh urn way Harlan McHattan Thomas Harvey Manly Thompson Hatch Markley Thornton Hawley Matheny Turnbull Hay ' Mieure Turner Heacock Moffett Tutt Henderson Moore Vernor Ho^ue Nichols Wead Hunsaker Norton West Huston Oliver Witt Jackson Palmer of Macoupin Whiteside Jenkins Palmer of Marshall Whitney Jones Pratt Worcester. Mr. Markley moved that the preamble be referred to the committee 01 the Bill of Rights. Mr. Servant moved that the motion to refer the preamble be laid on th< table. Mr. Geddes moved that the convention adjourn until Thursday at thret o'clock, P. M. And the question being taken thereon, it was decided in the negative. The question was put upon the motion to lay on the table the motion t< refer the preamble, and decided in the affirmative. On motion of Mr. Servant, The convention adjourned until Thursday next, at 3 o'clock,?. M. THURSDAY, JULY 15, 1847. The convention met pursuant to adjournment. Mr. Davis of Montgomery moved that the convention adjourn until eight o'clock to-morrow morning. The question was taken, and decided in the negative. Mr. Markley moved that the convention adjourn until to-morrow morn- ing at 9 o'clock. The question was taken, and decided in the negative. On motion of Mr. Peters, A call of the convention was ordered. The call was proceeded in for some time, when a quorum being fou] to be present, July 15.) JOURNAL OF THE CONVENTION. 171 On motion of Mr. Z. Casey, Further proceedings und r the call were dispensed with. On motion of Mr. Z. Casey, The convention again resolved itself into a committee of the whole, to consider the report of the committee on the Executive Department Mr. Grain in the chair. The question pending when the committee rose on Monday last, was on filling the blank in the amended substitute for the sixth section, with the word?, 'twelve hundred and fifty doll.-irs." The question was taken and decided in the affirmative. Mr. Peters moved to amend the Sih section by inserting after the words "applying for pardons,' in the fourth line, the words: "And he shall also have power to grant pardons after indictment found and before trial and conviction, whenever the judge or judges of the court, wherein the indictment shall be pending, shall recommend to him to grant such pardons," The question was taken, and the amendment agreed to. Mr. Knapp of Scott moved to amend the same section further, by striking out the word "and, 1 ' after the last comma in the n.nth line, and also by inserting at the end of the section, the words, "and his reasons for granting the same.' 5 Mr. Harding offered the following as a substitute for the pmendment: "And for every exercise of ihe pardoning power in cases offelon>, he shall publish at the time at large his reasons therefor." The question was taken, and the*substitute rejected. The question was taken on agreeing to the amendment, and no quo- rum voting, The committee rose, and the chairman reported that fact to the con- vention. , On motion of Mr. Thomas, A call of the convention was ordered. The call was proceeded in, and 117 members having answered to their names, and a quorum being present, Mr. Grain resumed the cl.air in committee of the whole. The question recurred on the amendment of Mr. Knapp of Scott. The question was taken and the arnendfii3nt rejected. Mr. Harding moved to amend the same section by adding thereto the following: "The governor shall, immediately after the exercise of the pardoning power in any case, cause to be published in one newspaper in this state, his reasons at large for the same." The question was taken and the amendment rejected. Mr. Turnbull moved to amend the same section by striking out the words "biennially communicate to the general assembly," and inserting in lieu thereof the words, "publish in the different papers printed at the seat of government." The question was taken, and the amendment rejected. Mr. McCallen moved to amend the same section by inserting the word murder," after the word "except," in the second line. The question was taken, and the amendment rejected. 172 JOURNAL OF THE CONVENTION. [July 16. Mr. Peters moved to amend the 10th section by adding thereto the words, "except that at such special session, trials of cases of impeachment may be had, and removals from office made in the manner provided in this constitution." The question was taken, and the amendment was rejected. Mr. Scatcs moved to amend the same section, by inserting after the word ''occasions," in the first line, the words "which would cause great and irremediable injury to the public interest by delay." The question was taken, and the amendment rejected. Mr. Thornton moved to amend the same section, by striking out all after the word "shall," in the third line, and adding, "enter on no legis- lative business except that for which they were specially called together." Mr. Peters moved to reconsider the vote; which lies over one day. Mr. Churchill offered the following as a substitute for the amendment: strike out all after the word "proclamation," in the first line, and insert the following;: 'The General Assembly when so convened shall have the same powers, and be liable to the same restrictions as in a regular session." The question was taken, and the substitute rejected. The question recurred on the amendment, and being taken, the amend- ment was rejected. Mr. McCallen moved to amend the same section by striking out al after the word "convened." Mr. Powers moved to amend the amendment by striking out the same words and inserting in lieu thereof the words: "But such special session shall be subject to the same restrictions anc limitations in all respects as regular sessions." On motion of Mr. Constable, The committee rose, reported progress, and asked leave to sit again which was granted. On motion, The convention adjourned to 9 o'clock, to-morrow morning. FRIDAY, JULY 16, 1847. My 16.] JOURNAL OF THE CONVENTION. 173 Mr. Bro^kman presented the petition of Stephen Carner and forty-one iDfchers, citizens of Brown and Pike counties, also praying for a like pro- Vision. On motion, the reading of the petitions was dispensed with, and they were severally referred to the committee on Education. Mr. Woodson offered the following additional rules: "RULE . No resolution or proposition which has been or which shall >e hereafter introduced in the convention shall be considered unless it relates to, or is directly connected with the '^alteration, revision or amend- ment" of the constitution, without the consent of at least two-thirds of be members of the convention previously obtained, and if such consent >e so given the same shall be voted on without debate. "RULE . Hereafter, immediately after the reception of petitions and eports from standing committees, the convention shall resolve itself into committee of the whole on the reports of standing committees, which hall be the standing order of the day until the same are concluded." Mr. Hayes called for a division so as to vote on each rule separately. The question was successively taken on the adoption of the first and econd ru!e, and decided in the affirmative. On motion of Mr. Robbins, Leave of absence was granted to Mr. James for five days. On motion of Mr. Hayes, Leave of absence was granted to Mr. Kitchell for five days. On motion of Mr. Graham, Leave of absence was granted to Mr. Palmer of Macoupin for three days. Mr. Wead, from the special committee on the organization of town- ships and the management of county affairs, reported the following: ARTICLE SECTION 1. The General Assembly shall provide by law that the townships and parls of townships in the several counties of this state, may become incorporated for municipal and other purposes. SEC. 2. All township officers shall be elected annually, and their num- ber, powers, duties, and liabilities, shall be fixed bylaw. SEC. 3. The general assembly shall provide by law for the creation of a board of supervisors in the several counties of this state, to be composed of one or more officers from each township and city in the county, for managing the affairs of the county. The powers and duties of the board of supervisors shall be fixed by law. SEC. 4. The general assembly shall provide by law thajt the qualified voters of the several counties of this state maj abolish the county com- missioners' court and substitute therefor the board of supervisors. On motion of Mr. Pratt, The report was laid on the table, and two hundred copies ordered to 'be printed. The convention then resolved itself into cornmittre of the whole, again to consider the report of the commiltee on the Executive Department "".-Mr. Grain in the chair. 174 JOURNAL OF THE CONVENTION. [July 16. The question pcndihej when the committee last rose, was on the substi- tute offered by Mr. Powers for the amendment proposed to the lOih sec- tion by Mr. McCaHen; when, JVIr. Powers withdrew his substitute. The question recurred on the amendment proposed by Mr. McCallen, to strike out all after the word "convened,'' in the lUtn section. Mr. Knox moved to amend the amendment, by adding at the end of the section, the words 4t at the commencement ol the session." The question was taken, and the amendment to the amendment rejected. The question recurred on the amendment, and being taken, the amend ment was rejected. Mr. Woodson proposed to amend the same section by striking out th( words "lay before them" at the last of the session, and by adding aitei the word k< shall," in the third line, where it last occurs, the words 4 'exprei in his proclamation." Mr. Constable moved to amend the amendment by adding to thi words proposed to be added, the words "and to sut:h other subjects as| may be introduced by two thirds of the members of each house composin{ said general assembly? based upon an important exigency demanding their action, and connected with the public welfare." Mr. Rnowltoa moved that the committee rise, report progress, and ask| leave to sit again. The question was taken, and decided in the negative, The question was taken, and the amendment to the amendment re- jected. The question recurred on the amendment; when, Mr. Wead called for a division, so as to take the question first on| striking out. The question was put and decided in the negative. On motion of Mr. Hayes, The commit'-ee rose, reported progress, and asked leave to sit again; which was granted. Mr. Mark ley moved that the convention adjourn until 3 o'clock, p. M Mr, Constable moved four o'clock. The question was put on the last motion, and decided in the negative. The question was put on adjourning until 3 o'clock, P. M., and decide< in the affirmative. THREE O'CLOCK, p. M. The convention met piusinnt to adjournment. On motion of Mr. Harding, Resolved, That the use of this hall be tendered to Mr. Benjamin Morti- mer lor the purpose of addressing the public this evening at 8 o'clock, upon the subject of the education of the children of the state, and upoi topics connected therewith. July 16.] JOURNAL OF THE CONVENTION. 175 The convention resolved itself into committee of the whole, ogain to onsider the report of the committee on the Executive Department Mr. Grain in the chair. On motion of Mr. Peters, The motion made by him on yesterday to reconsider the vote taken on he amendment offered by Mr. Thornton to the tenth section, was taken p. The question was taken, and decided in the affirmative. Mr. McCallen called for a division of the question. The question was taken on striking out, and decided in the affirmative. Tne question was then taken on inserting after the word "shall," in the hird line, the words "enter on no legislative business, except that for which they were specially called together." The question was taken, and the amendment adopted. Mr. Kenner moved to amend the same section by striking out the words ; whcn assembled, the purpose for which they shall have been convened,'' ind insert in lieu thereof the following: 6l lu said proclamation the purpose for which they are to convene." The question was taken, and the amendment adopted. Mr. Lock wood moved to strike out the whole section. The question was taken, and decided in the negative. Mr. Kenner moved to strike out the eleventh section and insert in lieu hereof the following: "The governor shall, by and with the advice and consent of the senate, ppoint a commander-in chief of the army and navy of this state and of he militia, except when they shall be called into the service of the United States." Mr. Whiteside offered the following as a substitute for the nmendment: "He shall be commander-in-chief of the militia of the state, except ,iter they shall have^ been mustered into the service of the United States." The question, was taken, and the substitute rejected. The question recurred on the amendment. Mr. Mark ley called for a division so as to vote first on striking out. The question was taken, and decided in the negative. Mr. Dawson moved to amend the 12th section by striking out nil after he word "assembly," in the second line, to the word "inclusive," in the hird line, and also, to insert after the word "be," in the third line, the arord "but." The question was taken, and the amendment rejected. Mr. Singleton moved to amend the same section by inserting afle" '.he vor 1 "provided," in the third line, the words "thcie be no business bclore hern, and." The question was taken, and the amendment rejected. Mr. Oliver moved to strike out the 13th section. The question was taken, and the motion negatived. Mr. Singleton moved to arrend the same section by striking out a! I ifter the wor-l "qualifications." The question was taken and decided in the negative. 176 JOURNAL OF THE CONVENTION. [July 16. Mr. Churchill moved to amend the 14th section by striking out the words "have a right when in committee of the whole, to debate and vote on ail subjects," and to insert the word ''shall" between the words "and' and "whenever," in the second line, and also to strike out the word "to, in the third line. The question was taken, and the amendment rejected. Mr. Servant moved to amend the same section by striking out the words "and vote on." The question was taken, and the amendment rejected. Mr. Harding moved to amend the same section by striking out the word "and, 5 * in tlie second line, and inserting in lieu thereof the wore "not." The question was taken, and decided in the negative. Mr. Churchill moved to amend the 17th section by striking out the word "assembly," in the third line, and all of the fourth line, and inser- ting in lieu thereof the words "the speaker of the house of representa- tives shall act as governor until the regular meeting of the genera assembly." Mr. Hogue called for a division so as to vote first on striking out. The question was taken, and decided in the negative. Mr. Singleton moved to amend the 18th section by striking out the words "is absent from the state.'* The question was taken, and the amendment was rejected. Mr. Mason moved to strike out the word "his," in the third line of the same section, and insert in Heu thereof the word "the," and also to insert in the same line after the word "removed," the words "of the lieutenanl governor." The question was taken, and the amendment rejected. Mr. Woodson moved to amend the 20th section by striking out al after the word "governor," in the second line and inserting in lieu ihereo the words "he shall," and also to insert at the end of the same line the words, "who shall sign the same and return it forthwith to the house in which it shall have originated, unless he has constitutional objections to such bill, when." Mr. Archer called for a division of the question. The question was taken on striking out and decided in the negative. Mr. Cross of Winnebago moved to amend the same section by striking out the words "two-thirds of the members present," wherever they occur, and inserting in lieu thereof the words "a majority of all the members elected." A division of the question was called. The question was taken on striking out, and decided in the negative. Mr. Smith of Macon moved to strike out the *20th section. The question was taken, and decided in the negative. Mr. Churchill moved to amend the same section by inserting between the words "returned" and "on," in the 13th line, the words"to the secretar) ofstnte, and if approved by the governor shall become a law, but if dis- approved shall be returned by the secretary of state," also to strike cm the 14th line, and insert "when the same may be passed by two-thirds o the senate and house of representatives present and become a law." July 17.] JOURNAL OF THE CONVENTION. 177 The question was taken, and the amendment rejected. Mr. Davis of McLean moved to amend the same section by striking out the words "present," in the 5th and 7th lines, and inserting in lieu thereof the word "elected." Mr. Singleton moved to strike out all between the word "if," in the 4th line, and the word "respectively," in the 10th line, inclusive. On motion of Mr. Davis of McLean, A division of the question was called for. The question was taken on striking out the word "present," and then on inserting the word "elected," and both decided in the affirmative. The question was taken on Mr. Singleton's amendment, and decided in the negative. Mr. Logan moved to amend the same section by striking out the words "two-thirds of the members," wherever it occurs, and insert in lieu thereof the words %< a majority of all the members." Mr. Minshall moved to insert the words "three-fifths of all the mem- bers." Mr. McCallen moved that the committee rise, report progress, and ask leave to sit again." The question was taken, and decided in the negative. Mr. Hoes called for a division of the question. The question was taken on striking out, and decided in the affirmative. On motfon of Mr. Davis of McLean, The committee rose, reported progress, and asked leave to sit again; which was granted. On motion, The convention adjourned until to-morrow morning, at nine o'clock. SATURDAY, JULY 17, 1847. The convention assembled pursuant to adjournment. Prayer by Rev. Mr. Green of Tazewell. The journal of yesterday wasreati, Mr. Deitz presented the petition of Stephen Howe and 26 others, cit- izens of McHeury county, praying that provision may be made in the new constitution for a superintendent of public instruction, with a liberal salary. On his motion, the reading was dispensed with, and the petition refer- red to the committee on Education. Mr. Turner presented the petition of John Smith and 77 others, praying that imprisonment for life may be substituted for capital punishment. The petition was read, and on his motion, referred to the committee on the Judiciary Department. According to order, the convention again resolved itself into a commit- tee of the whole to consider the report of the committee on the Execu- tive Department Mr. Grain in the chair. The question pending when the committee last rose, was on the amend- ment offered by Mr, Miushall to insert "three-fifths of the members" in 12 178 JOURNAL OF THE CONVENTION. [July 17. lieu of the words "two -thirds of the members," stricken out of the 20th section. The question was taken and decided in the affirmative. Mr. McCallen moved to reconsider the vote taken last evening on striking out the words 4 'two thirds cf the members," wherever they occur in the 20th section; which, under the rule, lies over three days. On motion of Mr. Brockman, The committee rose, reported progress, and asked leave to sit again; which was granted. On motion, The convention adjourned until three o'clock, p. M. THREE O'CLOCK, r. M. The convention met pursuant to adjournment, Mr. Hogue moved to amend the2ist section by striking out the words "governor shall nominate and, by and with the advice of the senate, ap- point a," in the first line, and also by striking out the word "who," in the second line. Mr. Jones moved to strike out the whole section. The question was taken on Mr. Hogue's amendment and decided in the negative. Mr, Constable moved to amend the 21st section by inserting after the word "state," in the second line, the words ''whose term of service shall expiie with the office of the governor by whom he shall have been nomi- nated, and who shall hold his office until his successor is appointed and qualified." Mr. Peters moved to amend the amendment by adding thereto the words tk unless for good cause the governor shall remove him before the expiration of his term." The question was taken, and the amendment to the amendment re- jected; when, Mr. Constable withdrew the amendment. Mr. Dawson moved to amend the same section by striking out the first word *'the," and by inserting in lieu thereof the word "each." The question was taken, and decided in the affirmative. Mr. Davis of Montgomery moved to amend the same section by in- serting after the word Haw," in the fourth line, the words "and shall re- ceive for his compensation the sum of six hundred dollars per annum, and no more." The question wns taken, and the amendment rejected. Mr. Bosbyshell moved to amend the same section by inserting after the word "governor," in the second line, the words "and who shall receive a salary of one thousand dollars per annum." The question was taken, and decided in the negative. Mr. Marshall of Mason moved to amend the same section by inserting after the word "shall," in the second line, the words "hold his office for July 17.] JOURNAL OF THE CONVENTION. 179 the same term as the governor^ and who shall receive a salary of eight hundred dollars per annum. He shall." Mr. Logan moved the following as a substitute for the amendment: Insert after the word "state," the words "whose term of office shall ex- pire with the otfioe of the governor, by whom he shall have been nomi- nated, and who shall hold his office until his successor is appointed and qualified." The question was taken, and the substitute was agreed to. Mr. Kenner moved to amend the amendment by adding thereto the words "who shall receive the sum of seven hundred dollars per annum for his services, and no more, and." The question was taken, and decided in the negative. Mr. Kttthell moved the following as a substitute for the amendment offered by Mr. Logan: "Who shall hold his office for the same term as the governor, and until another shall be appointed and qualified. The question was taken, and decided in the negative. The question recurred on the motion of Mr. Jones to strike out the same section; when it was taken and decided in the negative. Mr. Sibley moved to amend the same section by adding at the end of the section the following: "And who shall receive a salary of eight hundred dollars per annum, and no more, except fees." On motion of Mr. Davis of Montgomery, The following proviso was added to the amendment: "Provi'led, the governor shall have power to remove the secretary when in his judgment the public good shall require it, and to appoint another." The question was taken on the amendment, as amended, and decided in the affirmative. Mr. Northcott moved to amend the 22d section by adding after the word citizens of the state of Illinois, praying that a homestead of 160 acres of land, or a town lot of one acre, with the improvements, be exempted from mortgage and forced sale, &c. On his motion, the reading was dispensed with, and the petition refer- red to the committee on Law Reform. Mr. Palmer of Marshall, on leave, offered the following: Resohed, That this convention shall adjourn on Saturday next, to meet again on the first Monday of November next. The question was taken and the resolution rejected. Mr. Davis of Massac, from the committee on Elections and the Right of Suffrage, reported back sundry propositions referred to that committee, with the following, as proper to be engrafted in the new constitution; ARTICLE . SECTION 1. In all elections, every white male citizen above the age of twenty -one years, having resided in the state one year next preceding any election, shall be entitled to vote at such election, and every white male inhabitant of the age aforesaid, who may be a resident of the state at the time of the adoption of this constitution, shall have the right of \otingas aforesaid; but no such citizen or inhabitant shall be entitled to vote except in the district or county in which he shall actually reside at the time of such election. SEC. 2. All votes shMl be given by ballot. SEC. 3. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections and in going to and returning from the same. SEC. 4. IN o elector shall be obliged to do militia duty on the days of election, except in time of war or public danger. SEC. 5. No elector shall be deemed to have lost his residence in this state by reason of his absence on the business of the United States, or of this state. SEC. 6. No soldier, seaman, or marine in the army or navy of the L T ni- ted States shall be deemed a resident of this state, in consequence of being stationed at any military or naval place within the same. July 19.] JOURNAL OF THE CONVENTION. 181 SEC. ?. The legislature shall have full power to pass laws excluding from the right of suffrage persons convicted of infamous crimes. SEC. 8. The general elections shall be held on the first Monday of November biennially. Mr. Armstrong moved to lay the reported article on the table, and order the printing: of 200 copies for the use of the convention. Mr. Cross of Winnebago moved 1,000 copies. Mr. Turnbull moved 500 copies. Mr. Churchill moved 250 copies. The question was successively taken on printing 1,000 and 500 copies, and decided in the negative. The question was taken on laying the report on the table, and printing 250 copies, and decided in the affirmative. Mr Z. Casey moved to take from the table a resolution introduced by him some days since, proposing to fix a day of final adjournment. The questton being taken by yeas and nays, It was decided in the negative, JS 82 Those voting in the affirmative, are, Mr. Akin Allen Archer Atherton Blakely Ballingall Brockman Bond Grain Canady Campbell of McDonough Carter F. S. Casey Z. Casey Cloud Dale Davis of Montgomery Deitz Dement Dunlap Mr. Dunn Eccles Edmonson Frick Green of Tazewell Harding Harper Hawley Hay ' Hill Hunsaker Huston Jones Judd Lasater Laiifjhlin Me H attorn Manly Matheny MofFett Nichojs Those voting in the negative, are, Mr. Anderson Mr.'Davi-s of Massac Armstrong Dawson Bosbyshelt Dummer Brown Edwards of Madison Bunsen Butler Edwards of Sangamon Evey Campbell of Jo Daviesa Farwell Choate Graham Colby Geddes Constable Green of Clay Cross of Winnebago Green of Jo Daviess Church Grpjrjr Churchill Gritnshaw Davis of McLean Harlan Mr. Oliver Pace Palmer of Marshall Powers Robbins Rountree Scales Shields Spencer Sherman Sibley Sim Shnmway Tuttle Vance Vernor Webber West Witt Whiteside Woodsoru Harvey Hatch Hayes Heacock Henderson Hogue Bo'lmed Jackson Jenkins Knapp of Jersey Knapp of Scott Kreider Kenner Kinney of Bureau 182 JOURNAL OF THE CONVENTION. [July 19. Mr. Kinney of St. Clair Mr. Moore Mr. Smith of Gallatin Knowlton Northcott Smith of Macon Knox Norton Thomas Lander Pratt Thompson Lemon Peters Thornton Loudon Pinckney Trower McCallen Eives Turnbull Me Cully Bobiuson Turner McClure Roman Tutt Markley Stadden Wead Marshall of Coles Swan Williams Marshall of Mason Servant Whitney Mieure Simpson Worcester. Minshall Mr. Brown of Madison, on leave, read a communication from Edward Keating, chief marshal, &c., inviting the convention, through Mr. Brown, as mayor of the city of Alton, to attend and participate with the citizens of said city, on Wednesday next at 2 o'clock, p. M., in the ceremonies at- tendant upon the burial of the remains of Lieutenants Fletcher, Ferguson, and Robbins, of the Alton Guards, 3d regiment Illinois volunteers, who fell upon the battle field of Buena Vista; which was read, whereupon, Mr. Brown, on leave, offered the following preamble and resolutions, which were unanimously adopted. Whereas, this convention has just been informed that the bodies of Lieutenants Edward F. Fletcher, Lauri>ton Robbins, and Rodney Fergu- son, of the Alton Guards, 2d regiment Illinois volunteers, who fell upon the bloody field of Buena Vista, while nobly sustaining the honor of their country, have reached Alton, and that they will be interred in that city on Wednesday, the 21st inst., with funeral honors; and whereas, this con- vention, believing that it is right and proper for them to commemorate the noble and patriotic deeds and virtues of those who have so gloriously fallen in the service of their country; be it therefore, Resolved, That this convention, deeply sympathize with the families and friends of the lamented Fletcher, Robbins, and Ferguson, who have been so suddenly cut down in the vigor of youth, and whose noble deeds on the bloody field of Buena Vista have enshrined their memories in the affec- tions of the nation, and placed their names on the page of history. Resolved 9 That this convention for the purpose of honoring the lamen- ted dead, will join in the celebration of their funeral ceremonies. Resolved, That a committee of nine b'e appointed to represent this con- vention in the funeral ceremonies aforesaid. Resolved, That copies of the foregoing preamble and resolutions, signed by the president and secretary, be transmitted by the secretary to the fam- ilies of the deceased Fletcher, Robbins, and Ferguson. Ordered, That Messrs. Brown, Singleton, Smith of Gallatin, Consta- ble, Pratt, Woodson, McCallen, Colby, and Rogue, be that committee. On motion of Mr. Peters, The report of the committee on the Judiciary Department, was taken from the table, and referred to the committee of the whole. On motion of Mr. Logan, The report of the committee on Counties was taken from the table, and referred to the committee of the whole. July 19.] JOURNAL OF THE CONVENTION. 183 According to order, the convention resolved itself into a committee of the whole to consider the report of the committee on the Judiciary De- partment Mr. Scates in the chnir. Mr. Davis of Massac moved to strike out the whole of the first section, and to substitute therelor the following: "The judicial power of this state shall be vested in one supreme court, in circuit courts, injustices of peace, and in such other courts as the le^isj- turo may, from time to time, establish." Mr. Jenkins moved to amend the first section by striking out all after the words '^circuit courts," and inserting the words "county courts, and such other courts as may be established t>y this constitution.'' Mr. Logan moved the following as a proviso to be added to the amend- ment: "Provided, the legislature may establish in cities having a population over thousand such tribunal as may be necessary, having police jurisdiction and ciiminal jurisdiction in cases less than felony." Tho question was taken, and the proviso rejected. Mr. Norton called for a division, eo as to take the question first on stri- king out. The question was taken on striking out, and decided in the affirmative. Mr. Norton called for a further division, so as first to take the question on inserting the words "county courts." The question was taken on inserting, and agreed to. The question was taken on inserting the remainder of the amendment, and agreed to. Mr. Church moved further to amend the same section, as amended, by inserting after the words "county courts," the words "probate courts." On motion of Mr. Lemon, The committee rose, reported progress, and asked leave to sit again; which was granted. On motion, The convention adjourned tj three o'clock. P. M. THREE O'CLOCK, P. M. The convention met pursuant to adjournment. According to order, tiie convention resolved itself into a committee of the whole, again to consider the report of the committee on the Judiciary Department Mr. Scates in the chair. The question pending when the committee rose, was on inserting the words "probate courts" aftor the words "county courts," in the first se c- tion, as amended. The question was taken, but no quorum voting, the committee rose, and the chairman reported that fact to the convention. On motion of Mr. Shields, A call of the convention was ordered. The call was proceeded in, and 1'20 members having answered to their names, and a quorum being present, Mr. Scates again resumed the chair in committee of the whole. 184 JOURNAL OF THE CONVENTION. {July 19. The question was again taken upon inserting the words "probate courts,'* and decided in the negative. The question again recurred on striking out the whole of the first sec- tion, and insertiag other words in lieu of them, as moved by Mr. Davis of Massac this morning. Mr. Vance called for a division, so as to vote first on striking out. The question was taken on striking out, and decided in the negative. Mr. Archer moved to amend the second section by striking out the words "and in such cases of impeachment as may be required to be tried before it." The question was taken, and decided in the negative. Mr. Hurlbut moved to amend the same section by striking out the words "except in cases relating to the revenue." The question was taken, and decided in the negative. Mr. Thomas moved to amend the same section by striking out the words ^prohihition* gui warrarito, informations in the nature of quo warranto and certiorari" The question was taken, and decided in the affirmative. Mr. Thomas moved to amend the same section by adding thereto the words "and all the other writs necessary to the rightful exercise of the same jurisdiction.'* Mr. Logan moved further to amend the same section by striking out the words "and power to issue." The question was taken, and decided in the affirmative. Mr. I)iJe moved to amend the third section by striking out the word "two," in the first line, and inserting in lieu then of the word "three." Mr. Shields called fora division, so as to vote first on striking out. The question was taken, and decided in the negative. Mr. Pratt moved to amend the same section by striking out the word "twelve," in the second line, and to insert in lieu thereof the word "fifteen." Mr. Witt called for a division, so as to vote first on striking out. The question was taken, and decided in the negative. Mr. Kitchell moved to amend the same section by adding thereto the following: "Provided, that the General Assembly may. whenever it shall become necessary to provide for the additional associate justices, not exceeding two others, to be appointed as provided in this constitution." The question was taken, and decided in the negative. Mr. Hayes moved to amend the same section by striking out the words "who shall be not less than thirty five years of age." Mr. Thomas moved to amend the amendment by inserting in lieu of the words to be struck out, the words "forty -five." Mr. Witt called fora division, so as to vote first on striking out. The question was taken, and decided in the negative. On motion of Mr. Witt, The same section was amended by inserting after the word "ape," in the second line, the words "who shall have been a citizen of the United States five years." Mr. Wead moved to strike out the third section and to insert in lieu thereof the following: July 20.] JOURNAL OF THE CONVENTION. 185 "The supreme court shall consist of the three judges, any two of whom shall form a quorum; and the concurrence of two of said judges shall, in all cases, be necessary to a decision." On motion, the question was taken on striking out, and decided in the negative. Mr. Kitchell moved to amend the same section by adding thereto the words "any two of said justices shall constitute a quorum, and the concur- rence of two of them shall in all cases be necessary to a decision." The question was taken, and decided in the affirmative. Mr. Servant moved to amend the same fourth section by striking out all after the word "be," in the first line, and to insert in lieu thereof the words "appointed by the governor, by and with the advice and consent of the senate, and shall hold their office during good behaviour." On motion of Mr. Knapp of Jersey, The committee rose, reported progress, and asked leave to sit again; which was granted. On motion, The convention adjourned until to-morrow morning at 9 o'clock. TUESDAY, JULY 20, 1847. Convention assembled pursuant to adjournment. Prayer by Rev. Mr. Green of Taze well, a member. The journal of yesterday was read. Mr. Kinney of St. Clair presented thft petition of Seth CatMn, and thirty -five others, citizens of St. Clair county, praying that provision may be made in the new constitution for a superintendent of public instruction, with a liberal salary.^ Mr. Wead presented the petition of Jes?e Allison, and six others, citi- zens of Fulton county, praying for a like provision. Mr. Cross of Winnebago presented the petition of Darius Adams, and fifty-one others, citizens of Winnebago county, also praying for alike pro- vision. On motion, the reading of the petitions was dispensed with, and they were referred to the committee on Education. On motion of Mr. Robbins, Resolved^ That the committee on Finance inquire into the expediency of inserting in the constitution an article requiring the legislature to as- certain, from time to time, the amount of the state debt. To apportion the state debt according to taxable property assessed in the state. To provide by law, that any individual may pay his share of the state debt, proportioned to his taxable property, and that such real estate as shall have paid its proportional part of state indebtedness, and the value of so murh personal estate as shall have paid its proportional part of state in- debtedness, shall ever thereafter be exonerated from any liability in con- sequence of the state debt, and to provide, from moneys raised from such voluntary payments, a sinking fund with which to purchase the state in- debtedness. 186 JOURNAL OF THE CONVENTION. {July 20 On motion of Mr. Knapp of Jersey, The following preamble and resolution were adopted: ' Whereas, a respectable minister of the gospel, whilst attending the cor vention to open the session by prayer, under resolution of the conventioi has been grossly insulted and menaced with bodily injury by a member the convention; and whereas, it is alike due to the convention and th| ministers that we should not invite them to perform that duty unless could secure them against such indignities ; therefore, Resolved, That the resolution inviting the clergymen of Springfield tl open the sessions of the convention with prayer be rescinded, and th; the secretary inform the said clergymen of the same, with the assuram of the convention that this step is not adopted from any dissatistactiol with the manner in which they have discharged their sacred, dufy, bi solely from an unwillingness to subject them to a repetition of such indi^ nities. According to order, the convention resolved itself into a committee the whole, again to consider the report of the committee on the Judicial Depaitment Mr. Scates in the chair. The question pending when the committee rose on yesterday, was oj the motion made by Mr. Servant to amend the fourth section. A division was called for, so as to take the question first on striking ou| On motion of Mr. Shumway, The committee rose, reported progress, and asked leave to sit agaii which was granted. On motion, The convention adjourned until 3 o'clock, P. M. THREE O'CLOCK, P. M, The convention assembled pursuant to adjournment. On motion of Mr. Shields, A call of the convention was ordered. The call was proceeded in for some time, and 116 members having ai swered to their names, and a quorum being present, On motion of Mr. Thomas, Further proceedings under the call were dispensed with. According to order, the convention resolved itself into a committee the whole, to consider the report of the committee on the Judiciary partment Mr. Scates in the chair. The question pending when the committee rose this morning, was the motion made by Mr. Servant to amend the fourth section; a divisi< having been called on striking out, Mr. Henderson moved that the committee rise, report progress, and leave to sit again. The question was taken, and decided in the negative. Mr. Bosbyshel! moved that the committee rise, report progress, ai ask leave to sit again. The question was taken, and decided in the negative. r/y21.] JOURNAL OF THE CONVENTION. 187 The question was taken on striking out, as proposed by Mr. Servant, md decided in the affirmative. Mr. Logan moved to substitute, for the part proposed by Mr. Servant o be inserted, the following: "Elected by districts as follows, to wit: The state shall be divided into hree districts, as nearly equal as may be, and the qualified voters of each listrict shall elect one of said supreme judges for the term of nine years." On motion of Mr. Peters, The committee rose, reported progress, and asked leave to sit again; vhich was granted. On motion, The convention adjourned until to-morrow morning, at nine o'clock. WEDNESDAY, JULY 21, 1847. The convention assembled pursuant to adjournment. The journal of yesterday was read. On motion of Mr. Kreider, Leave of absence was granted to Mr. Markley for six days, in conae- [uence of sickness in his family. On motion of Mr. Allen, Leave of absence was granted to Messrs. Loudon and Akin for ten days, n consequence of sickness in their families. On motion of Mr. Thomas, Leave of absence was granted to Mr. Dummer for four days. Mr. Jenkins, from the committee on Counties, which was instructed by esolution to inquire into the expediency of providing that u all territory vhich has been or may be stricken off, by legislative enactment, from any rganizL'd county or counties, for the purpose of forming a new county," c., reported the same back, and asked to be discharged from the further :onsideration thereof. On motion of Mr. Thomas, The report was laid on the table. Mr. Shumway moved a call of the convention. The question was taken, and decided in the negative. According to order, the convention resolved itself into a committee of he whole, again to consider the report of the committee -on the Judicia- y Department Mr. Scates in the chair. The question pending when the committee rose was on the substitute >ffered by Mr. Logan for the amendment proposed by Mr. Servant to the burth section; when the substitute was withdrawn. Mr. Davis of Massac moved the following as a substitute for the fourth ection, and for the amendment proposed by Mr. Servant: * The state shall be divided into three grand divisions, as nearly equal is may be, and the qualified electors of each division shall elect one of aid supreme judges for the term of six years." Mr. Campbell of Jo Daviess moved that the committee rise, report pro- hress, and ask leave to sit again. 188 JOURNAL OF THE CONVENTION. [July The question was taken, and decided in the negative. On motion of .\Jr. Lemon, The committee rose, reported progress, and asked leave to sit agaij which was granted. On motion, The convention adjourned to 3 o'clock, p. M. THREE O'CLOCK, p. M. Convention assembled pursuant to adjournment. According to order, the convention resolved itself into a committee I the whole, again to consider the report of the committee on the Judicial Department Mr. Scates in the chair. The question pending when (he committee last rose, was on the subsj tute offered by Mr. Davis of Massac, for the amendment proposed by AJI Servant to the fourth section. The question was taken, and the substitute agreed to. Mr. Campbell of Jo Daviess moved to amend the substitute by striki i out the words "and the qualified electors of each division shall elect o( of said supi erne judges for the term of six years," and insert in lieu the! of the words, "one of said judges shall reside in each of said districj and all of the said judges shall be elected by the qualified voters throu^j out the state." The question was taken thereon, and'decided in the negative. Mr. Edwards of Sangamon moved to amend the amendment by sir ing out the word "six," and inserting in lieu thereof the word " nine Mr. Allen called for a division, so as to take the vote first on striki out. The question was taken on striking out " six," and decided in the n< ative. JVlr. Peters moved to amend the substitute by substituting therefor tk] following: "The governor shall nominate, and by and with the advice and ccL sent of the senate, ( two-thirds of the senators elected concurring there shall appoint the judges of the supreme court, who shall hold their ofnjj for the term of nine years, and shall be ineligible to any other office thl ajudicial one during the time for which they were appointed, and oil year thereafter." The question was taken, and the amendment rejected. Mr. Kenner moved to amend the substitute by substituting therefor following: "The justices of the supreme court shall be elected by a joint vote both branches of the general assembly at their first session after the ad tion of this article, for the term of years." The question was taken, and the amendment rejected. Mr. Servant moved to amend the substitute by striking out (he woi u for the term of six years," and inserting in lieu thereof the words "( ring good behavior. 1 ' dy 22.] JOURNAL OF THE CONVENTION. 189 Mr. Wead called for a division, so as to vote first on striking out. The question was taken on striking out, and decided in the negative. Mr. Wead moved to amend the substitute by adding thereto the follow- g : '* The legislature may change or alter said divisions to meet the exigen- es of the people." Mr. Brockman moved that the committee rise, report progress, and ask ave to sit again. The question was taken, and decided in the negative, Mr. Kitchell renewed the motion; which was taken, and decided in e affirmative. eave was accordingly granted. On motion, 'he convention adjourned to 9 o'clock, to-morrow morning. THURSDAY, JULY 22, 1847. ^he convention met pursuant to adjournment. 'he journal of yesterday was read. tfr. Cross of Winnebago presented the petition of Albert Tuttle, and others, legal voters of the county of Winnebago, praying that no inction be made on account of ancestry or color, but that the subject eft to legislative enactment. On motion of Mr. Cross of Winnebago, he petition was referred to the committee on the Bill of Rights. Ar. Stadden presented the petition of M. E. Hollister, and eighty-five ers, praying that provision may be made in the new constitution for office of superintendent of public instruction, with a liberal salary. On motion of Mr. Stadden, The reading was dispensed with, and the petition referred to the corn- tee on Education. tlr. Archer, from the committee on the Organization of Departments, d offices connected with the Executive Department, to which was refer- the petition of sundry inhabitants of Lake county, praying "that the cult judges," and sundry other offico.rs, " may be elected by the people this State," reported that said committee had had the same under con- eration, and had instructed him to report the same back, and ask to be charged from (he further consideration thereof. The question was taken, and the comm'ttee discharged. Mr. Geddes moved to suspend the rule to enable him to introduce a jolution. The question was taken, and decided in the negative. Mr. West moved to suspend the rule to enable him to introduce a reso- ion. The question was taken, and decided in the negative. On motion of Mr. Z. Casey, 190 JOURNAL OF THE CONVENTION. [July 2 The rules were suspended to enable him to introduce the following < der: Ordered, Thnt fifteen hundred copies of the journal of the convent! be printed for distribution among the counties. Mr. Church moved to amend the order by striking out "fifteen," a inserting " twenty-five." Mr. Shumway called for a division, so as to vote firs: on striking out. The question was taken, and decided in the negative. The question recurred on agreeing to the order, and being taken, order was agreed to. Mr. Thomas moved to suspend the rules to enable him to introduc< resolution. The question was taken, and decided in the negative. According to order, the convention resolved itself into a committee the whole, again to consider the report of the committee on the Judick Department Mr. Scates in the chair. The question pending when the committee rose on yesterday, was the amendment proposed to be added to the amendment as agreed to, the fourth section, by Mr. Wead. The question was taken, and the amendment rejected. Mr. Lockwcod moved to amend the amendment to the fourth sect! as agreed to, by adding the following: '* Th-> legislature may, from time to time, alter said divisions prcviJ to every general election for judges of the supreme court, so that eacHI said divisions may contain as nearly as may be, an equal number of n habitants, and contain a territory as nearly as may be in compact /ormfl The question was taken, and the amendment agreed to. Mr. Kitchell moved to amend the amendment to the fouith sectionh agreed to, by adding thereto the following: " After the year 1860, and may lay off, if deemed necessary, other us tricts, not exceeding two, and provide for the election of other judH therein." The question was taken, and the amendment rejected. Mr. Shumway moved to amend the amendment to the fourth tion, as agreed to, by inserting after the word ''alter," the words abolish." The question was taken, and decided in the negative. Mr. Jones moved to add the following proviso to the amendmen agreed to, to the fourth section: "Provided, The number of districts or the number of justices of | supreme court shall never be increased or diminished." The question was taken, and decided in the negative. Mr. Knbbins moved to amend the amendment to the fourth section, substituting therefor the following: "The state slall, from time to time, be divided into three distinct di ions, the northern, southern, and middle divisions, which shall be comp and made up of whole counties in their respective portions of the st and to contain a population as nearl) equal as possible." The question was taken, and decided in the negative. luly 23.] JOURNAL OF THE CONVENTION. 191 Mr. Shields moved to amend the amendment, as agreed to, to the fourth ection, by adding thereto the following proviso: "Provided, That such alterations shall not be oftener than once in ten ears." The question was taken and the amendment rejected. On motion of Mr. Marshall of Mason, The amendment to the fourth section, as agreed to, was further amend- d by adding thereto the following: " Provided, That such changes or alterations shall not be made at any then time than as is provided for the apportionment of members of the eneral assembly." Mr. Kitchell moved to amend the amendment to the fourth section, as ,g;reed to, by inserting after the word " elect," the words " on the first londay of March after the adoption of this article." The question was taken, and the amendment rejected. The question was taken on the substitute for the fourth section, as [mended, and decided in the affirmative. Mr. Wead moved to strike out the fifth section, and insert in lieu thereof le words: "The office of one of said judges shall be vacated in two years, of one four years, and of one in six years; to be decided by lot, so that one of lid judges shall be elected once in evr.ry two years. The judge having x years to serve shall be the chief justice, after which the judge having ic oldest commission shall be chief justice." The question was taken, and decided in the affirmative. Mr. Wead moved to strike out the sixth section and insert the follow- 4k The supreme court shall hold one term at least once in each year in ch of the three grand divisions in this state, and such other terms in ch division as the legislature may prescribe by law." Mr. Hayes called fora division, so as to vote first on striking out. Mr. Kvey offered the following as a substitute for the proposed amend- enf: " One term of the supreme court shall be held annually in each of the live judicial circuits (and such other judicial circuits which may here- ,er be made) in this state, at such time and place as may be provided by w." On motion of Mr. Dement, The committee lose, reported progress, and asked leave to sit again; rich was granted. On motion, The convention adjourned until 3 o'clock, P. M. THREE O'CLOCK, P. M. The convention met pursuant to adjournment. The convention resolved itself into committee of the whole, again tt> 192 JOURNAL OF THE CONVENTION. [July 23 consider the report of the committee on the Judiciary Department Mr Scutes in the chair. The question pending when the committee rose, was on the substitute proposed by Mr. Evey tor the amendment proposed to the sixth sectior by Mr. Wead. A division having been called for on striking out. On motion of Mr. Davis of McLean, The committee rose, reported progress, and asked leave to sit again which was granted. On motion, The convention adjourned to to-morrow morning at nine o'clock. FRIDAY, JULY 23, 1847. The convention assembled pursuant to adjournment. The journal of yesterday was read. Mr. Farwell presented the petition of J. K. Brewster and forty-seve others, praying that provision may be made in the new constitution f< the office of superintendent of public instruction, with a liberal salary On his motion, the reading was dispensed with, and the petition refe red to the committee on Education. Mr. Servant from the select committee to which was referred the titions of the inhabitants of Kaskaskia, on the subject of "commons,'* ported that the committee had had the subject under consideration, a that the following is proposed to be engrafted into the new constitution: SECTION . All landa which have been granted as a "common" to t inhabitants of any town, hamlet, village or corporation, by any perso body politic or corporate, or by any government having power to ma such grant, shall forever remain common to the inhabitants of such tow hamlet, village or corporation; but the said commons, or any of them any purt thereof, may be divided, leased or granted, in such manner may hereafter be provided by law, on petition of a majority of the qu fied voters, interested in such common, or any of them. On motion Mr. Scates, The report was laid on the table, and 200 copies ordered to be print Mr. Allen, from the committee on the Bill of Rights, to which was ferred the petition of sundry citizens of Washington county in relation foreigners, reported the same back, and asked to be discharged from t further consideration thereof. The question was taken, and the committee discharged. According to order, the convention resolved itself into a committee the whole, again to consider the report of the committee on the Judici Department Mr. Scates in the chair. The question pending when the committee rose on yesterday, was the amendment offered by Mr. Evey, as a substitute for the amendme offered by Mr. Wead for the 6th section. A division having been called for on striking out, July 23.] JOURNAL OF THE CONVENTION. 193 The question was taken on striking out, and decided in the negative. Mr. Eccles offered the following, to be added as a proviso to the 6th section: "Provided, the legislature may, whenever the interest of the people re- quire it. change the place of holding said court from the circuits to the seat of government, or to one point in each of the grand divisions hereto- fore provided for; said change not to be oftener than once in six years. 5 ! Mr. Harvey moved to substitute for the amendment to be prefixed to the section, the words "until otherwise provided by law." The question was taken, and the substitute for the amendment rejected. Mr. Caldwell moved as a substitute for the amendment, so to amend the section us to make it read as follows: lt One term of the supreme court shall be held at such times and places as may be provided by law." The question was taken, and the substitute rejected. Mr. K.iichell moved to amend the amendment by substituting therefor the following: "Provided, the general assembly may, if deemed necessary, provide by law for holding the supreme court in a less number of places, but never less than one in each grand division, nor shall any change herein be made before 1853." The question was taken, and the substitute rejected. Mr. Shumway moved to amend the amendment by striking out the words ''to the seat of government." The question was taken, and the amendment to the amendment re- jected. Mr. Kinney of St. Clair moved to amend the amendment by substitu- I ling thereior the words "but the legislature may change the time and place of holding the supreme court; Provided, that it is not held in less than five places in the^state; such change, however, not to be made oftener than once in six years." The question was taken, and thesubstitute rejected. Mr. Campbell of Jo Daviess moved that the amendment be amended by substituting therefor the following: ^Provided, the legislatuie may? at any time, make such changes as the [wants of the people shall require." The question was taken, and the proviso rejected. Mr. Knapp of Scott moved to substitute for the amendment, the word* 'alternate sessions of the supreme court shall be held in each of the grand .divisions, at some central point in each division, to be designated by the jcourt itself.at such times as shall be prescribed by law." The question was taken, and the amendment rejected. Mr. Knapp of Jersey moved to substitute for the amendment, the fol- lowing: "Two terms of the supreme court shall be held annually, at such time ind places as may be directed by the legislature." The question wns taken, and the substitute rejected. The question recurred on adopting the amendment offered by Mr. s, and being taken, the amendment was agreed to. 194 JOURNAL OF THE CONVENTION. [July 23. Mr. Shumway moved to amend the seventh section by striking out the word "twelve," and by inserting in lieu thereof the word "nine." Mr. Caldwell moved as a substitute for the amendment the following: *'J he state shall be divided into twenty judicial districts, in each of which one circuit judge shall be elected by the qualified electors thereof, who shall hold his office for the term of four years, and until his successor shall be commissioned and qualified " Mr. Shields called for a division, so as to vote first on striking out. On motion of Mr. Edwards of Madison, The committee rose, reported back the report with sundry amendments, and asked the concurrence of the convention therein. Mr. Edwards of Madison moved that the whole subject be referred to a select committee of one from each judicial circuit. Mr. Minshall moved two from each judicial circuit. Mr. Rountree moved three from each judicial circuit. The question was taken, and the whole subject was referred to a select committee of three from each judicial circuit. Ordered, That Messrs. Edwards of Madison, Lockwood, Davis of Mas- sac, Rountree, Davis of McLean, Williams, Farwell, Wead, Caldwell, Minshall, Manly, Spencer, Thompson, Balliiigall, Henderson, Hoes, Evey, Logan, Scatf s. Kinney of St. Clair, Harlan, Constable, Knapp of Scott, Bosbyshell, Dement, Hurlbut, and Kinney of Bureau, be that com- mittee. On motion, The convention adjourned until 3 o'clock, r. M. THREE O'CLOCK, P. M. The convention assembled pursuant to adjournment. On motion of Mr. Edwards of Madison, The rule was suspended to enable him to introduce an article, to be in- serted in the constitution on the subject of the public debt: ARTICLE . SECTION 1. There shall be annually assessed and collected, in the same manner as other state revenue may be assessed and collected, a tax ol mills upon each one hundred dollars worth of taxable property, in addition to ail other taxes, to be applied as follows, to wit: the fund so created shall be kept separate, and shall annually, on the first day of Jan- uary, be apportioned and paid over pro rata upon all su h state indebt- edness, other than the canal and school indebtedness, as may, for that purpose, be presented by the holders of the same, to be entered as credit* upon, and, to that extent, in extinguishment of the principal of said in- debtedness. SEC. 2. Hereafter, any taxpayer may have an estimate made at any time of his proportion of the state indebtedness above provided for, by taking as data the whole of said indebtedness, principal and interest, doe at the time of making the estimate the then last assessment of the July 23.] JOURNAL OF THE CONVENTION. 195 taxable property of such tax payer, and the aggregate of the then last as- sessment for the whole state, and rray pay into the treasury the amount of such estimate, either in money or in such state indebtedness, and upon so paying, shall be forever discharged from any and all further assess- ments on account ol such state indebtedness, in respect of so much per- sonal property as he then has, and of all such real estate as may be inclu- ded in the estimated assessment, and such real estate shall be forever discharged from any and all further assessments on such account, into whose hands soever it may pass. SEC. 3. Any state indebtedness coming into the treasury by virtue of the above section, shall be simply cancelled and destroyed, and any money so coining in shall be added to, and applied as part of the aforesaid mill fund. SEC. 4. This article shall be submitted to a vote of the people, and if voted for by a majority of all voting on the question, shall become a part of this constitution, and shali remain in force until the whole of the indebtedness therein provided for shall be paid, and no longer; and in- terest shall be counted only upon the original principal of said indebted- ness, and the extinguished portions of said principal shall cease lo draw i interest, at and from the respective times of thpir extinguishment. And it shall be the duty of the general assembly to make all necessary provisions for carrying this article into effect in good faith. On motion of Mr. Robbing, The article proposed was referred to the committee on Finance. On motion of Mr. Archer, The report of the committee on the Organization of Departments and offices connected with the Executive Department, was taken from the table, and referred to a committee of the whole convention. On motion of Mr. Archer, The convention resolved itself into a committee of the whole, to con- sider the report of the committee on the Organization of Departments ; and offices connected with the Executive Department Mr. Z. Casey in i the chair. Mr. Butler moved lo amend the first section by striking out the words } a one thousand," and by inserting in lieu thereof the words ''fifteen ! hundred." Mr. Witt called fora division, so as to vote first on striking out. The question was taken, and decided in the negative. On motion of Mr. Davis of McLean, The first section was amended by inserting after the word "salary," the words "exclusive of clerk hire." Mr. Evey moved to amend the game section, by striking out the wods "one thousand," and by inserting in lieu thereof the words 'eiglu hun- dred." The question was taken, and decided in the negative. On motion of Mr. Jones, The same section was amended by adding thereto the words U an1 no 196 JOURNAL OF THE CONVENTION. [July 23. On motion of Mr. Shumway, The second section was amended by adding thereto the words "and no more." Mr. Logan moved to amend the same section by striking out the words "e : 4 r ht hundred," and by inserting in lieu thereof the words **one thousand." On motion, the question was taken on striking out, and decided in the negative. Mi. Kenner moved to amend the same section by striking out the word "two," and to in?ert in lieu thereoi the \vord "tour." The question was taken, and decided in the negative. On motion of Mr. Peters, The same section was amended by inserting after the word "years,*' the words "and until his successor is qualified." Mr. Church moved to amend the same section by inserting after the woHs**per annum," the words "exclusive of ck-rk hire." The question was taken, and decided in the negative. On motion of Mr. Geddes, The tl.ird section was stricken out. On motion of Mr. Cross of Winnebago, The fourth section was stricken out. On motion, the committee rose, reported back the report with sundry amendments, and asked the concurrence of the convention therein. The question was taken and the report concurred in. On motion of Mr. Peters, The first section was amended by inserting after the word "years," the words "and until his successor is qualified." When, the question was taken upon the adoption of the article, as amen- ded, and decided in the affirmative. On motion of Mr. Marshall of Mason, The report of the committee on Elections and the Right of Suffrage was taken irorn the table, and referred to a committee of the whole con- vention. According to order, the convention resolved itself into a committee of the whole to consider the report of the committee on Elections and the Right of Suffrage Mr. Harvey in the chair. Mr. Scales moved to amend the fir>t section by striking out the word "citizen, 1 ' and to insert in lieu thereof the word -inhabitant." Mr. Deitz called for a division, so as to vote first on striking out. The question WHS taken on striking out, and decided in the negative. Mr. Roman moved to amend the same section by inserting after the word "constitution,'* in the 4th line, the words "or who has filed his declaration of his intention to become a citizen of the United States, ae-' cording to the laws thereof.*' Mr. Harding moved to amend the amendment by striking out t! word ''or," and by inserting in lieu thereof the word"and." On motion of Mr. bos^y^helJ, The committee rose, reported progress, and asked leave to sit again which was granted. On leave, Mr. Gregg offered they following resolution: July 20.] JOURNAL OF THE CONVENTION. 107 Rrsol'wZ, That the sergeant-at-a**rns and assismnt pernreant-at-a'-ms be instructed to remove the carpet from the floor of this hall, and in order to give time for such removal, and also to give turn: to the committees to com- plete their labors, when the convention adjourns to day, it adjourn to meet on Monday next at 8 o'clock, A. M. The question was taken, and the resolution adopted. On motion, The convention adjourned. MONDAY, JULY 26, IS47. Convention assembled pursuant to adjournment. The journal of Friday was read. On motion of Mr. Hayes, The rule was suspended to enable him to introduce the following res- olutions: Resolved, That so much of a preamble and resolution in lelation to the chaplains of this body, (which appears on the journal of Tuesday last.) as assumes that this convention is not able and willing to protect itself and officers from interruption or insult while in discharge of their duties, be rescinded. Resolved, That the president be requested to provide for the opening of the morning sessions with prayer. On motion of Mr. Nichols, The previous question WHS ordered. The question was taken on the adoption of the resolutions and decided in the affirmative. Mr. Sherman offered the following, as an article to be engrafted in the new constitution: ARTICLE . SECTION L Corporations not possessing banking powers or privileges nviy be formed under general laws, but shall not be dented hy special acts except lor municipal purposes, and in cases where, in the judgment of the legislature, the objects of the corporation cannot be obtained under general laws. SBC. 2. No stale bank shall hereafter be created, nor shall the strte own or be liable for ar.y stock in any corporation or joint stock associa- tion for banking purposes. Sue. 3. NO banking powers or privileges shall be granted except by general laws, which shall be in accordance with the folio wing provisions: 1st. No law shall be passed sanctioning in any manner, directly or in- directly, the suspension of specie payments. 2d. Ample security in interest-pa) ing stocks of the United States or of the states shall be deposited with the treasurer of state, lor the redemption in specie of all the bills and notes put in circulation, and no stock shall be 19S JOURNAL OF THE CONVENTION. [July 26. received in deposite as aforesaid but such as shall be at par value at the time of said deposit, and of such states as shall have regularly and promptly paid their interest for the three years immediately preceding the deposit, and no hills or notes shall be put in circulation by any association but such as are registered and countersigned by the treasurer of state, to any banking association, and the notes or hills so registered and countersigned for any banking association shall not exceed in amount the stocks or bonds de- posited by such association; Provided, that the legislature may also au- thorize a deposit of the bonds of this state to be made in like manner for a like redemption of such bills or notes, the amount and value of such bonds being determined by the rate of interest which the state may at the time of deposit pav on the same, and the amount of such deposit shall be proportionate to the rate per centum interest paid thereon. 3d. The stockholders in any corporation and joint stock association for banking purposes, issuing bank notes or any kind of paper credit to circulate as mon^y, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or asso- ciation, for all its debts and liabilities of every kind. 4th. In case of insolvency of any bank or banking association, the bill holders shall be entitled to preference in payment over all other creditors of such ^ank or association. 5th. Non-payment of specie shall be a forfeiture of all banking rights and privileg* s, and the legislature shall provide for the sale of said stock, deposit and apply the proceeds thereof to the redemption of the notes or bills in circulation, and the legislature shall have power to remit the for- feiture or relieve from anv of its consequences, and provisions shaM be made by law for the trial in a summary way, by judicial tribunals, of all contested questions of forfeiture of banking privileges. SEC. 4. No corporation or association for banking purposes shall have a capital less than one hundred thousand dollars, nor greater than five hundred thousand dollars. SEC. 5. The embezzlement of the funds or property of any corpora- tion or joint stock association for banking purposes by any officer or agent thereof shall be deemed a felony, and it shall be the duty of the general assembly to provide for the punishment of such felony by imprisonment in the penitentiary. SEC. 6. This article shall be separately submitted to a vote of the peo- ple, and if voted for by a majority of all voting on the question, shall be- come a part of this constitution. Mr. Edmonson offered the following as a substitute: SECTION I. No corporate body shall hereafter be created within this state, with banking or discount privileges, either under special or general laws. SEC. 2. No state bank shall hereafter be created, nor shall the state own or be liable for any stock in any corporation or joint stock asso- ciation for banking purposes. SEC. 3. Should this constitution at any time be amended, by striking from it the total prohibition, contained in the first section of this article, no act o f the general assembly authorizing corporations or associations with banking powers, shall go into effect or in any manner be in force, un- JOURNAL OF THE CONVENTION. 199 less the same be directly submitted to the people at the general election next succeeding the passage thereof; and shall have been approved by a majority of all the votes cast at such election. SEC. 4. The general assembly of this state shall, in the year one thous- and eight hundred and fifty one, and every ten years thereafter, propose such amendments to this constitution as a majority of all the members elected to each house shall deem expedient. The vote upon each propo- sition to be taken by yeas and nays, in each house; and then it shall b* the duty of the legislature to submit the proposed amendment or amend- ments to the people at the next general election in this state, in such man- ner as they by law shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the qualified voters voting at such election, such amendment or amendments shall be- come a part of this constitution. Mr. Armstrong offered the following as an amendment to the substitute: Whereas, believing that money is and ought to be of uniform specific character and value, in order to answer the purpose for which it was de- signed, the medium of trade and commerce, and the standard of value for all commodities, arid believing that paper money is but the representative and not the reality a shadow or promise of the substance on which no reliance can be placed, and varying the value with the credulity and caprice of men, according to time, place and circumstances, that it is im- potent and inefficient to discharge any debt except at the pleasure of the receiver. It is of evil, corrupting and demoralizing tendencies, therefore fatal to the best interest and moral condition of man, imposing an enor- mous tax on the producing class for the support of an idle and non-produ- cing class. That it encourages and enables one portion of community to live in idleness and mischief, at the expense and from the labor of the rest, that it renders bankruptcy and pauperism popular and common; that it inverts the order of nature and social obligations by nviking the wealthy splendid ancl magnificent paupers on the laboring poor; it also subjects the trader and trade to great trouble and loss by its uncertain and fluctuating value, and consequently exposes every man to want and b>g- gary, thus degrading human feelings, encouraging men with delusive hopes of wealth from trade and speculation, and diminishing labor, the only source of wealth; ther^forf, Resolved, That paper money bankruptcy is inexpedient and ought not to be tolerated in this state. On motion of Mr. McCailen, The whole subject was laid on the table, until the first day of January next. On motion of Mr. KinneyofSt. Clair, Leave of absence was granted to Mr. McCulIy for ten days. Mr. Allen, from the committee on the Bill of Rights, to which was refer- red the petition of Albert Tuttle and others, citizens of Winnebago county, praying that no distinction be made on account of ancestry or color, re- ported that the committee had had the subject under consideration, and asked to be discharged from the further consideration thereof. The question was taken, and the committee discharged. 2CO JOURNAL OF THE CONVENTION. [July 7. Mr. Thomas moved that the secretary of state be requested to procure a carpet lor the hall. Mr. Vance moved to amend the motion so that the door keepers shall n place so much of ihe old caipet as is suitable. The question was taken and the amendment agreed to. The question recurred un the motion as amended, and being taken, it was decided in the affirmative. On motion ol Mr. Kinney of St. Clair, Ordered, 'lhat the secretary of stale be requested to examine the old carpet, and to procure so n.uch new carpet as niaj be necessity to cover the floor of the hall. On motion, The convention adjourned. TUESDAY, JULY 27, 1847. The convention met pursuant to adjournment. Prayer by Rev. Mr. Palmer of Marshall, a member. The journal of yesterday was read. Mr. Dummer presented the petition of Charles Chandler, and twenty- six others, citizens of Cass and Mason counties, prating that provision may be made in the new constitution for the office ol superintendent of public instruction. On motion of Mr. Du.nmer, The reading was dispensed with, and the petition referred to the com- mittee on Education. On motion of Mr. Edwards of Sangamon, A call of the convent'on was ordered. The call was proceeded in for some time, when, On the further motion of Mr. Edwards of Sangamon, Further proceedings under it were dispensed with. According to order, the convention resolved itself into a committee of the whole, again to consider the report of the committee on Elections and the Right of Suffrage Mr. Harvey in the chair. The question pending when the committee last rose, was on the motion of Mr. Geddes to amend the amendment offered by Mr. Roman to the first section; when, Mr. Roman offered the following as a modification of his amendment: Amend the first section by inserting after the word, "constitutor)," in the fourth line, the words fck and all free white male inhabitants of the age aforesaid, not being citizens of the United States, who shall have resided in this state one year, and shall have declared their intention to become citizens of the United States by a declaration of that intention, in con- formity with the laws of the United States; Provided, whenever congress shall dispense with a declaration of intention as a requisite to naturaliza- tion, the declaration of intention required above shall be made arid tiled in the office of the clerk of any court of record in this state." After some time, S.] JOURNAL OF THE CONVENTION. 201 On motion of Mr. Bosbyshell, The comimtt.ee rose, reported piugress, and asked leave to sit again; whicti was grained. Un jiioiiou, The coiiveiuioii adjourned until 3 o'clock, p. M. THREE O'CLOCK, p. M. The convention met pursuant to adjournment. According to order, the convention resolved itself into a committee of the whole, again to consider the report of the committee on Elections and the Right of Suffrage Mr. Harvey ia the chair. The question pending was on the modified amendment offered by Mr. Roman to the first section. After some time, On motion of Mr. Geddes, The committee lose, reported progress, and asked leave to sit again; which was granted. On motion, The convention adjourned. WEDNESDAY, JULY 28, 1847. Convention met pursuant to adjournment. Prayer by the Rev. Mr. Finley. The journal of yesterday was read. On motion of JVfr. West, Leave of absence was granted to Mr. Bond for six days, in conse- quence of sickness. On motion of Mr. Knapp of Jersey, * Leave of absence was granted to Mr. Harding for seven days from next Friday. On motion of Mr. Geddes, Leave of absence was granted to Mr. Moore for eight days, in conse- quence of sickness in his family. On motion of Mr. Brockman, Leave of absence was granted to Mr. McHatton for fourteen days, and to Mr. Huston for eight days, in consequence of sickness. According to order, the convention revived itself into a committee of the whole, n^ain *o consider the report of t'ue committee OH Elections and the Right of Suffrage Mr. Harvey in the chair. Mr. Whiteside offered the following to be added to the amendment, which was accepted by Mr. Roman, as a further modification of the amendment: "And provided further, that if sw h inhabitant shall not perfect citizen- ship according to the laws of the United Slates at the earliest practicable 202 JOURNAL OF THE CONVENTION. [July 29. period after declaration of intention, then the elective franchise shall cease, until citizenship shall have been perfected." After some time spent in the consideration thereof. On motion of Mr. Markley, The committee rose, reported progress, and asked leave to sit again; which was granted. On motion, The convention adjourned. THURSDAY, JULY 29, 1847. The convention met pursuant to adjournment. Prayer by the Rev Mr. Crist. The journal of yesterday was read. On motion of Mr. Marshall of Coles, Leave of absence was granted to Mr. Trower for ten days, in conse- quence of sickness. On motion of Mr. Williams, Leave of absence was granted to Messrs. Powers and Laughlin for ten, days. On motion of Mr. Davis of McLean, A call of the convention was ordered. The call having been proceeded in for some time, and a quorum being; present, On motion of Mr. Z. Casey, Further proceedings under the call were dispensed with. According to order, the convention resolved itself into a committee ol the whole, again to consider the report of the committee on Elections and the Right of Suffrage Mr. Harvey in the chair. The question pending when the committee rose on yesterday, was 01 the modified amendment off-red by Mr. Roman, as further modified bj the proviso offered by Mr, Whiteside. The question was taken, and the amendment rejected. Mr. Mason moved to amend the first section by inserting after the woi "constitution," in the fourth line, the words "and who shall have voted, tinder the laws of this state, at any election in this state, and who shall have declared his intention to become a citizen of the United States, am taken an oath of allegiance to the state, and to the United States." The question was taken, and the amendment rejected. Mr. Dawson moved to amend the same section by striking out all aftei the word "reside," in the fifth Une, and insert in lieu thereof the words: "Having resided in such county or district at least three months previ- ous to such election, and shall have paid a state or county tax." The question was taken, and the amendment rejected. Mr. Bosbyshell moved to amend the same section by striking out th< words "one year," in the sixth line, and by inserting in lieu thereof the words " six months." Mr. McCallen called for a division, so as to vote first on striking out, July 29.] JOURNAL OF THE CONVENTION. 203 The question was tnken on striking out, and decided in the negative. Mr. Mason moved to amend the same section by striking out the words "district or county," in the fifth line, and by inserting in lieu thereof the words " precinct or ward." A division of the question being called for, The question was taken on striking out, and decided in the negative. Mr. Knox moved to amend the same section by inserting after the word "constitution," in the fourth line, the words u and shall have declared his intention to become a citizen." Mr. Ballingall moved to amend the second section by adding the follow- ing proviso: " Provided, the legislature may at any time change the mode of voting to that of viva voce." Mr. Whiteside moved to strike out the second section. The question was taken on the amendment proposed by Mr. Ballingall, and the amendment rejected. The question was taken on striking out the second section, and decided in the negative. Mr. Jenkins moved to amend the second section by adding thereto the words: 41 And to secure the free suffrage of the people of the state, by prohib- iting, under adequate penalties, all undue influence thereon from power, bribery, tumult, threats, crowding the polls at elections, so as to prevent electors voting, or other improper practices." The question was taken, and the amendment rejected. Mr. West moved to amend the 8th section by striking out the word '* November," and by inserting in lieu thereof the word "September."' Mr. Constable called for a division, so as to vote first on striking out. The question was taken on striking out, and decided in the negative. On motion ofJNlr. Z.Casey, The committee rose, reported back the article without amendment, and asked the concurrence of the convention therein. Mr. Scates moved to lay the article, as reported, on the table. And the question was taken, and decided in the negative. On motion of Mr. Armstrong, The first section of the report was taken up for consideration. Mr. Armstrong moved to amend the rirst section by inserting after the word " constitution," the words following: " And all free white male inhabitants of the x age aforesaid, not being citizens of the United States, who shall have resided in this state two years, and shall have declared their intention to become citizens of the United States, by a declaration of that intention, in conformity with the laws of the United States; Provided, whenever congress shall dispense with a declara- tion of intention as a requisite to naturalization, the declaration of intention required above shall be made and filed in the office of the clerk of any court of record in this state; And provided, further, that if such inhabitant shall :j not perfect citizenship according to the laws of the United States, at the <; earliest practicable period after declaration of intention, then the elective franchise shall cease until citizenship shall have been perfected." Mr. rvitchell mo? ed to postpone the further consideration of the first section. 201 JOURNAL OF THE CONVENTION. [July 29. The question was taken, and decided in the negative. Mr. Bo.sbyshell moved to adjourn until three o'clock, p. M. The question was taken, and decided in the negative. On motion of Mr. Scates, A call of the convention was ordered. The call was proceeded in, and 146 members having answered to their names, On motion of Mr. Constable, Further proceedings under the call were dispensed with. Mr. Roman moved to amend the amendment by striking out the word 41 two," and by inserting in lieu thereof the word " one." A division having been called for. The question was taken on striking out, and decided in the negative. Mr. Hayes moved to amend the amendment by inserting the word "other" after the word " all," in the first line, and further to amend by striking out the words "not being citizens of the United States;" which was accepted by Mr. Armstrong as a modification, Mr. Scates moved to amend the section by striking out the words "shall have the right of voting as aforesaid," and to amend the amendment as modified, by inserting the same words before the first proviso; which was also accepted by Mr. Armstrong as a further modification of the amend- ment. The question was taken, by yeas and nays, on the adoption of the amendment, as modified, And decided in the negative, (Yeas, (Nays, 66 78 Those voting in the affirmative, are, Mr. Allen Mr. Cloud Mr. Lasater Anderson Churchill Lin ley Archer Davis of Massac Me Glare Armstrong Dement Manly Atherton Dui.lap Markley Blair Far well Motfett Bhikely Gnen of Clay Morris Ballin^all Grew Nichols Brockinan Hatch Oliver Bosbyshell Hayes Pace Brown Heacock Bobbin* Bunsen Henderson Roman Butler Hill Rountree Cr.iin Hoes Scates Cal dwell Hogue Stadden Campbell of Jo Daviess Campbell of McDonough Carter Htmsaker James Jenkins Sherman Smith of Gallatin Thompson F. S. Casey Jones Tult Z. Casey Kreider "Vernor Colby Kinney of St. Clair Witt Cross of Woodford Kitchell Whiteside. July 29.] JOURNAL OF THE CONVENTION, Those voting in the negative, are, 205 Mr. Adams Canady Choate Constable Cross of Winncbago Church Dale Davis of Montgomery Davis of McLean Dawson Deitz Duinmer Dunn Dunsmore Edwards of Madison Edwards of Sangamon Eccles Evey Frick Graham Geddes Green of Jo Daviess Green of Tazewell Grimshaw Harding Harper Mr. Harvev Hay " Holmes Hurl but Jackson Judd Knapp of Jersey Knapp ol Scott Kenner Kinney of Bureau Knowlton Knox Lander Lemon Lock wood Logan Me Call en Marshall of Coles Marshall ot Mason Mason Matheny Mieure Miller Minshall Northcott Palmer of Marshall Mr. Pratt Peters Pinckney Rives Robinson Sharpe Swan Spencer Servant Sibley Sim Simpson Singleton Smith of Macon Thomas Thortiton Turnbull Turner Tuttle Vance "Webber West William* Whitney Woodson Worcester. Mr. Bosbyslieli moved to amend the first section by striking out the words "shall have the right of voting as aforesaid," and by inserting after the word "constitution," in the fourth line, the words following: 44 And all other free white male inhabitants of the age aforesaid', who shall have resided in this state three years, arid shall have declared their intention to become citizens of the United States, by a declaration of that intention in conformity with the laws of the United States, shall have the right of voting as aforesaid; Provided, whenever congress shall dis- pense with a declaration of intention as a requisite to naturalization, the declaration of intention above shall be made and filed in the office of the .clerk of any court of record in this state; And provided* further, that if such inhabitant shall not perfect citizenship according to the laws of the United Stales, at the earliest practicable perud after declaration of inten- tion, then the elective franchise shall cease, until citizenship shall have been perfected." On motion of Mr. Constable, The previous question was ordered. The question was taken, by jcas and nays, on the adoption of the amendment, And decided in the negative, Those voting in the affirmative, are, Mr. Allen Anderson Archer Armstrong Mr. Athertou Blair Blakely Ballingalt Mr. Brockman Bosbyshell Brown Bunsev C7 76 206 JOURNAL OF THE CONVENTION. [July 29. Mr. Butler Crain Caldwell Campbell of Jo Daviess Campbell of McDonough Carter F. S. Casey Z. Casey Colby Cross of Woodford Cloud Ch.irchill Dale Davis of Massac Dement Duulap Farwell Green of Clay Gregg Mr. Haich Hayes Heacock Henderson Hill Hoes Hogue Hunsaker James Jenkins Jones Kreider Kiuney of St. Clair KitcheU Lasater Linley McClure Manly Those voting in the negative, are, Mr. Adams Canady Choate Constable Cross of Winnebago Church Davis of Montgomery Davis of McLean Dawson Deitz Dummer Dunn Dunsmoie Edwards of Madison Edwards of Sangamon Eccles Evey Frick Graham Geddes Green of Jo Daviess Green of Tazewell Grimshaw Harding Harper Harvey Mr. Hay Holmes Hurl but Jackson Judd Knapp of Jersey Knapp of Scott Kenner Kinney of Bureau Knowlton Kriox Lander Lemon Lockwood Logan McCallen Marshall ot Coles Marshall of Mason itfason Matheny Mieure Miller Mi. .shall Northcott Palmer of Marshall Mr. Markley Moffett Morris .Nichols Oliver Pace Robbins Roman Rountree Scales Stadden Sherman Smith of Gallatin Thompson lutt Vernor Witt Whiteside. Mr. Pratt Pinckney Rives Robinson Sharpe Swan Spencer Servant Sibley Sim Simpson Singleton Smith of Macon Tnomas Thornton Turnbull Turner Tuttle Vance Webber West Williams Whitney Woodsou Worcester. The question was taken, by yeas and nays, on the adoption of the first section, And decided in the affirmative, ' (Nays, Those voting in the affirmative, are, 8i 60 Mr. Adams Brown Canady Choate Constable Cross of Winnebago Mr. Church Davis of Montgomery Davis of McLean Dawson Deitz Duutner Mr. Dunn Dunsmore Edwards of Madison Edwards of Sangamon Eccles Evey July -29.] JOURNAL OF THE CONVENTION. 207 Mr. Frick Graham Geddes Green of Jo Daviess Green of Tazewell Grimshaw Harding Harper Hay Hogue Holmes Hurlbut Jackson Jones JuddJ Knapp of Jersey Knapp of Scott Kenner Kinney of Bureau Kitchell Knowlton Mr. Knox Lander Lemon Lockwood Logan McCallen Marshall of Coles Marshall of Mason Mason Matheny Mieure Miller Minshall Northcott Palmer of Marshall Pratt Pinckney Rives Robinson Rountree Sharpe Those voting in the negative, arc, Mr. Allen Anderson Archer Armstrong Atherton Blair Blakely Ballingall Brockman Bosbyshell Bunsen Butler Grain Campbell of Jo Daviess Campbell of McDonough Carter F. S. Casey Z. Casey Colby Cross of Woodford Mr. Cloud Churchill Dale Dement Dunlap Farwell Green of Clay Gregg Harvey Hatch Hayes Heacock Henderson Hill Hoes Hunsaker James Jenkins Kreider Kinney of St. Clair Mr. Swan Spencer Servant Sibley Sim Simpson S'ngleton Smith of Macon Thomas Thornton , Turnbull Turner luttle Vance Webber West Williami Witt Whitney Woodson Worcester. Mr. Lasater Linley McClure Manly Mark ley M offett Morris Nichols Oliver Pace Robbing Roman Scates Stadden Sherman Smith of Gallatin Thompson Tutt Vernor Whiteside. Mr. Constable moved the previous question on the adoption of the se- cond section. The question was taken, and decided in the negative. Mr. Robbins moved to amend the second section by striking out the two last words, and by inserting in lieu thereof, the words " viva voce un- til otherwise directed by the legislature." Mr. Pratt called for a division, so as to vote first on striking out. The question was taken, and decided in the negative. Mr. Dement moved to amend the same section by adding thereto the words " until otherwise provided by law." The question was taken, and decided in the negative. The question was taken, by yeas and nnys, on the adoption of the se- cond section, 203 JOURNAL OF THE CONVENTION. [July 29. \Ye'i^ 9C And decided in the affiimativc, < V7 |i.\U>S. . . . Those voting in the affirmative, are, Mr. Adams Anderson Armstrong Blakely Bosbyshell Butler Canady Campbell of Jo Daviess Carter Choate Constable Cross of Winnebago Cloud Church Churchill Dale Davis of Montgomery Davis of McLean Dawson Deitz Dement Dummer Dunlap Dunsmore Edwards of Madison Frick Geddes Green of Clay Green of Jo Daviess Green of Tazewell Grimshaw Harding Harper Mr. Harvey Hatch Hay Heacock Henderson Hiil Hogue Holmed Hurl but Jackson Jones Judd Knapp of Jersey Knapp of Scott Kreider Kinney of Bureau KitcheH Knowlton Knox Lander Lemon Lin ley Lock wood McCallen McClure Manly Mark ley Marshall of Coles Mason Matheny Mieure Minshall Those voting in the negative, are. Mr. Allen Mr. Dunn Archer Atherton Blair Ballingall Brockman Bunsen Grain Caldwell Campbell of McDonough F. S. Casey Z. Casey Colby Cross of Woodford Edwards of Sangamon Eccles Evey Graham Hayes Hunsaker James Jenkins Kinney of St. Clair Lasatef Logan Marshall of Mason Mr. Moffett Morris Nicbotf Palmer of Marshall Pratt Pinckney Rives Robinson Roman Rountree Sharpe Stadden Swan Spencer Sherman Servant Sib ley Simpson Singleton Smith of Macon Thomas Thompson Turnbull Turner Tuttle Vance West Williams Witt Whitney Woodson Worcester. Mr. Miller Northcott Olivet- Pace Rohbins Scates Sim Smith of Gallatin Thornton Tutt Vernor Webber Whiteside. On motion of Mr. Scates, The question wa* taken upon the adoption of all the remaining sections of the report, except the 8th section, and decided in the affirmative. Mr. Aciams moved to amend the eighth section by inserting after the word "on," the words " the Tuesdav next after." July 29.] JOURNAL OF THE CONVENTION. 209 Mr. Markley moved to adjourn until three o'clock, p. M. The question was taken, and decided in the negative. On motion, The convention adjourned until 3 o'clock, p. M. THREE O'CLOCK, P. M. The convention assembled pursuant to adjournment. The question pending when the convention adjourned was on the amendment proposed by Mr. Adams to the 8th section. The question was taken, and the amendment agreed to. Mr. Harvey moved to amend the same section by striking out the word * 4 biennially.*' Mr. Campbell of McDonough moved a call of the convention. The question was taken, and decided in the negative. The question was taken on the amendment offered by Mr. Harvey, and decided in the negative. Mr. Thomas moved to amend the same section by adding thereto the allowing: " Until otherwise provided by law." On motion of Mr. Armstrong, A call of the convention was ordered. One hundred and ten members iiaving answered to their names, On motion of Mr. Thomas, Further proceedings under the call were dispensed with. Mr. Armstrong called for the yeas and nays on the amendment, when Mr. Thomas withdrew the amendment, and Mr. Hayes renewed the same amendment. Mr. Adams moved To amend the amendment by substituting- therefor at he end of the section, the words "except such elections as shall be spc- hlly provided for in this constitution." The question was taken, and the substitute rejected. The question was taken, by yeas and nays, on the amendment, And decided in the affirmative, $^ ea8 ' ' ' {Nays, .... 50 Those voting in the affirmative, are, Mr. Allen Mr. Churchill Mr. Green of Jo Daviess Archer Dale Green of Tazewell Atherton Davis of Montgomery Gregg B 'air Dummer Grimshaw Bunsen Dunlap Harding Crain Dunn Harper Canady Dunsmore Hay F. S. Casey Eccles Hayes Z. Casey Pdmonson Hunsaker Cross of Winnebago Frick Jackson Cloud Graham James Church Green of Clay Jenkins 14 210 JOURNAL OF THE CONVENTION. [July Mr. Jones Judd Knapp of Jersey Kreider Kennei Kitchell Knowlton Lander Lasater Lemon Linley Manly Mr. Markley Marshall of Mason North cott Pace Palmer of Marshall Pratt Rives Robbins Roman Servant Sibley Simpson Mr. Singleton Smith of Gallatisj Thomas Thornton Turnbull Tutt Tuttle Webber West Witt Whiteside Worcester. Those who voted in the negative, are, Mr. Adams Anderson Armstrong Blakely Brocktnan Butler Campbell of McDonough Carter Cboat* Colby Cross of Woodford Dawson Edwards of Sangamon Geddes Mr. Harvey Hatch Heacock Hill Hogue Holmes McCallen McClure Marshall of Coles Mason Matheny Mieure Miller Motfett Mr. Nichols Oliver Pinckney Robinson Sharpe Stadden Swan Sim Smith of Macoa Turner Vance Vernor Whitney Woodson. On motion of Mr. Wgodson, The article as adopted was referred to the committee on the Revisio and Adjustment of the Articles of the Constitution. On motion of Mr. Thomas, The report of the committee on the Militia and Military Affairs was taken from the table, and referred to a committee of the whole conven tion. On motion of Mr. Thomas, The convention resolved itself into a committee of the whole, to con sider the report of the committee on the Militia and Military Affairs Mr, Thomas in the chair; (that report being the 5th article in the const tution.) Mr. McCallen moved to amend the amendment by strikiRg out th words " officers of,'' and by inserting in lieu thereof the words * person! composing." Mr. Campbell of McDonough moved to amend the amendment by in- serting after the word ' persons," the words "except foreigners.*' The question was taken on the amendment to the amendment, and de- cided in the negative. Mr. Whiteside called for a division, so as to vote n'ist on striking out. The question was taken on striking out, and decided in the negative. Mr. Knapp of Jersey movr-d to amend the fifth section by striking ou all after the word * commissions," and by inserting in lieu thereof the words " for such time as the legislature may provide." Mr. Renner moved to amend the amendment by substituting therefor JOURNAL OF THE CONVENTION. he words u for ten years, and until their successors are elected and qual- fied." The question was taken, and the substitute rejected. The question wag taken on the amendment offered by Mr. Knapp of ersey, and decided in the affirmative. Mr. McCallen moved to add the following as an additional section: " SEC. 7. All persons who shall enroll themselves into volunteer com-_ anies, uniform, equip and hold themselves in readiness for service, shall e exempt from serving on juries, and paying a capitation tax for road urposes." Mr. Campbell of McDonough moved to amend the proposed section by nserting after the word ** persons," in the first line, the words " except breigners." The question was taken, and the amendment rejected. Mr. Kitchell moved to amend the proposed section by striking out the rords " serving on juries and." The question was taken, and the amendment rejected. Mr. Campbell of McDonough moved to amend the proposed section by finking out all after the word " juries." The question was taken, and the amendment rejected. The question was taken on the adoption of the proposed section, and lecided in the negative. On motion of Mr. Hayes, The committee rose, reported back the report to the convention, as amended, and recommended the adoption of the reported article, as amen- ded. The question was taken on concurring with the committee of the whole n the report, and decided in the affirmative. Mr. Harding moved the following as an additional section: *< SEC. 7. All persons subject to military duty shall be exempt there- rom in time of peace, only in case of invasion, upon paying the sum of ifty cents per year, for use of volunteer companies, to be disbursed ac- :ording to law." Mr. Edwards of Sangamon moved to amend the proposed section by triking out all after the word "year," and by inserting in lieu thereof the bllowing: 4 To be paid into the state treasury and applied to the payment of the public debt." The question was taken, and the amendment rejected. The question was taken on the adoption of the additional section as >roposed by Mr. Harding, and decided in the negative. The question was taken on the adoption of the article, as amended, and decided in the affirmative. On motion of Mr. Thomas, The article was referred to the committee on the Revision and Adjust- ment of the Articles of the Amended Constitution. On motion, The convention adjourned to to-morrow morning. JOURNAL OF THE CONVENTION. [July 30. FRIDAY, JULY 30, 1847. The convention assembled pursuant to adjournment. The journal of yesterday was read. Mr. Marshall of Mason presented the petition of William Atwater and twenty-four others, citizens of Mason county, praying that provision may be made in the new constitution for the office of superintendent of public instruction, with a liberal salary; which, without reading, was, on his motion, referred to the committee on Education. On motion of Mr. Turnbull, Leave of absence was granted to Mr. Frick for eight days. Mr. Sherman moved to take the report of the committee on Incorpor- ations from the table. The question was taken, and decided in the negative, On motion of Mr. Z. Casey, The convention resolved itself into a committee of the whole, to consid- er the report of the committee on Revenue Mr. Edwards of Sangamor in the chair. Mr. Archer moved to strike out the word "shall,*' in the first line o the first section, and to insert in lieu thereof the word "may," and to strike out all after the word "each," and to insert in lieu thereof, the words "when the legislature may deem it ntcessary." On motion ot Mr. Markley, The committee rose, reported progress, and asked leave to sit again which was granted. On motion, The convention adjourned until three o'clock, p. M, THREE O'CLOCK, p. M. The convention met pursuant to adjournment. The question pending when the committee rose this morning was on the amendment offered by Mr. Archer to the first section. The question was taken, and the amendment agreed to. Mr. Woodson moved to strike out the first sectien, and to insert in lieu thereof the following: ne dollar, two davs' labor may be required. My 30.] JOURNAL OF THE CONVENTION. 213 "SEC. 2. The foregoing section shall be submitted separately to the people at the same time that the constitution shall be submitted to them i'or their ratification or rejection, and if a majority of the votes polled at such election shall be in favor of such tax, then the same shall be a part of the constitution of the state; but if a majority of the votes shall be cast against said section, then the same shall not be a part of the constitution, but the legislature may, notwithstanding, when they shall deem it advisable^ levy such tax as is provided in said first section." Mr. Scates moved to amend the substitute by striking out all after the words "may direct," and by inserting in lieu thereof the words following: "Provided, that whenever a capitation tax is assessed as provided in this section, there shall also be assessed and collected an additional capi- tation tax of amount on every $100, on the following property, viz: "On the excess in value above $ 1000 of all dwelling, commercial, and manufacturing houses and appurtenances; "On the excess in value above $100, of all household and kitchen furni- ture, and "On ail jewels, trinkets, ornaments, time pieces, and pleasure carriages." The question was taken, and the amendment rejected. Mr. Geddes moved to amend the substitute by adding at the end of the first section the following: "And all persons not otherwise taxed, by neglecting or refusing to pay said tax shall be denied the right of voting." The question was taken, and the amendment rejected. Mr. Woodson modified the first section of the substitute by striking out Ihe proviso. Mr. Churchill moved to amend the second section of the substitute by striking out all alter the third word "constitution," and to insert in lieu thereof the words "if the majority of the votes given at such election shall be against a capitation tax, the legislature shall have no power to levy such tax, without submitting the law to a vote of the people." The question was taken, and the amendment rejected. Mr. Dawson moved to strike out the word ''fifty," in the first section of the substitute. The question was taken, and decided in the affirmative. Mr. Kinney of Bureau moved to fill the blank with the words "sixty- five." Mr. Thompson moved the word "seventy." The question was taken on inserting the word "seventy," and decided in the affirmative. Mr. Farwell moved to amend the first section of the substitute, by stri- king out the word "white." The question was taken, and decided in the negative. Mr. Stadden moved to amend the first section of the substitute by strik- ing out the word "inhabitant," and by inserting in lieu thereof the word "voter." Mr. McCallen called for a division, so as to vote first on striking out The question was taken, and decided in the affirmative. The question was taken on inserting the word "voter," and decided in the affirmative. 214 JOURNAL OP THE CONVENTION* \July 30. Mr. Hogue called for a division, so as to vote first on striking out the section. The question was taken, and the committee refused to strike out the first section. Mr. Smith of Macon moved to amend the first section by striking out the word "sixty," and by inserting in lieu thereof the word" "fifty*" The question was taken, and the amendment rejected. Mr. Thomas moved to strike out the first section and insert in lieu thereof the following: "For the purpose of defraying the charges and expenses incident to the existence and administration of government, the government of and pro- perty within the state, shall be assessed and taxed by uniform and equal rates. Property shall be taxed according to its value, to be ascertained in the manner herein prescribed. The objects of taxation shall be lands, tenements, and hereditaments; capital invested in corporations or associa- tions; franchises, stock in trade, money deposited or loaned at interest, personal property of every description, auctioneers, brokers, pedlers, re- tailers of spirituous or other liquors, commission merchants, and male in- habitants over twenty one and not exceeding sixty years of age." Mr. Butler moved to amend the substitute by substituting therefor the following: "The legislature shall have power to authorize each county in this state to causo to be collected from all free white male inhabitants of such county, a capitation tax, not to exceed one dollar, to be applied in such manner, and for such purposes, as the county in which the same may be collected shall direct." The question was taken, and decided in the negative. Mr. Anderson moved to amend the substitute, by substituting therefor the folio wing: "The legislature may cause to be collected from all free white male per- sons of this state, entitled to the right of suffrage, over the age of twenty- one years, and under the age of sixty years, a capitation tax of not less than fifty cents nor more than one dollar each, whenever the legislature may deem it expedient, to be exclusively applied to the payment of the state debt." The question was taken, and the amendment rejected. Mr. Thomas modified the substitute by striking out the word "mer- chants." On motion of Mr. Hay, The first section was amended by inserting between the words u all" and "free," the words "able-bodied." Mr. Roman moved to amend the first section by inserting after the words "sixty years," the words "are entitled to the right of suffrage." Mr. Thomas withdrew the proposed substitute for the first section. The question was taken on the amendment proposed by Mr. Roman, and decided in the affirmative. Mr. Vance moved to amend the first section, as amended, by adding thereto the following: "Which tax shall be paid into the county treasury of the county wherein said tax shall be collected, to be applied to county purposes." 30.] JOURNAL OP THE CONVENTION. 215 The question was taken, and the amendment rejected. Mr. Kenner moved lo amend the same section by striking out the words "less than fifty cents nor.'* 1 The question was taken, and the amendment rejected. Mr. Hurlbut moved to amend the same section by striking out the word "free." The question was taken, and decided in the negative. Mr. Deitz moved to amend the section by inserting after the word "persons," the words "or persons," The question was taken, and decided in the affirmative. Mr. Brock man moved to amend the second section by striking out the words "or appointed." The question was taken, and the amendment rejected. On motion of Mr. Sherman, The sanu section was amended by inserting the word "merchants, 11 * after the words "hawkers." Mr. Campbell of McDonough moved to amend the same section by inserting after the words "commission merchants," the words "doctors, lawyers," and to insert after the words "grocery keepers," the words "clerks of the circuit and county commissioners' courts," The question was taken, and the amendment rejected. Mr. Scates moved to amend the same section by striking out the words "grocery keepers," and insert in lieu thereof the words "toll bridges." The question was taken, and decided in the negatiue. Mr. Northcott moved to amend the same section by inserting after the words ''grocery keepers," the words "toll bridges." The question was taken, and the amendment agreed to. Mr. Wead moved to amend the same section by striking out all be- tween the word "ascertained" and the words "in such manner." The question was -taken, and decided in the negative. Mr. Markley moved to amend the same section by striking out all to the word "pedlcrs," and by inserting in lieu thereof the words "the legis- lature shall provide for levying a tax by valuation upon real and personal estate; such value to be ascertained by some person to be elected or ap- pointed in each county in the state, in such manner as the legislature shall direct; Provided, the legislature may fix a minimum value upon real estate, and exempt from taxation such property as it may deem proper; And pro- vided, further, that the legislature shall have power to tax." Mr. Knox moved fora division, so as to vote first on striking out. The question was taken on striking out, and decided in the negative, Mr. West moved to amend the second section, by inserting after the word "property," in the second line the words "Provided, that no land shall be valued at less than two dollars per acre." The question was taken, and the amendment rejected. Mr. Scates moved to amend the same section by inserting after the word "person," the following: "corporation and government." On motion oi VI r. Brockman, The committee rose, reported progress, and asked leave to sit again; which was granted. On motion, The convention adjourned. 316 JOURNAL OF THE CONVENTION. [July 30, SATURDAY, JULY 31, 1847. ' The convention assembled pursuant to adjournment. The journal of yesterday was read. Leave of absence was granted to Mr, Jackson for eight days. Mr. Grain, from the committee on Miscellaneous Subjects and Questions^ to which was referred various resolutions in relation to the re-organizing of county and probate courts, made the following report; ARTICLE . SECTION 1. There shall be in each county in this state a county court, to consist of one judge and two associates, who shall be elected by the qualified voters of the county on the same day fixed for the election of other judicial officers, who shall hold their offices four years and until their successors are elected and qualified. SEC. 2. Said courts shall be a substitute for the present county com- missioners' courts and probate courts of this state, and shall have the same jurisdiction as now exercised by said courts, and as may from time to time be provided by law. SEC. 3. Said courts shall have jurisdiction of all actions of debt and as- sumpsit when the amount in controversy does not exceed three hundred dollar?; all actions of trespass, trover, case and replevin, when ihc amount in controversy does not exceed one hundred dollars; of all ques- tions of forcible detainer, with appellate jurisdiction from justices of the peace, and such other jurisdiction as the legislature may confer. SEC. 4. There shall be elected at the s.'ime time and in the same man- ner, a clerk of said court, who shall hold his office four years and until his successor is qualified, who shall do such, duties as are now performed by the clerks of the county commissioners' courts, and such other duties as may be prescribed by law, whose compensation shall be fees. SEC. 5. The legislature shall fix a fee-bill for the several officers of this state, whose compensation shall be fees for services rendered, and the several county courtsshall have power to reduce the rate of fees accru- ing to any officer in the county, by a certain percent., when in their opin- ion such fees yield more than adequate pay for the services rendered. SEC. 6. Pleadings in the county courts shall be oral. SEC. 7. Appeals may be taken from the county to the circuit courts, but all appeals shall be tried 'de noro. And if either party shall desire to preserve the record in any case on appeal, a declaration shall be filed in the circuit court, as though the case was an original one in that court SEC. 8. Whenever it shall become necessary to sell real estate in order to carry into effect a judgment of the county court, execution shall issue and sale be effected in such manner as may be prescribed by law. SEC. 9. Said court shall hold its sessions quarterly for the trial of causes, the transaction of county business and ministerial duties. SEC. 10. The president judge shall act as a court of probate in vaca- tion, with power to reserve questions for decision until the quarterly ses- July 31.] JOURNAL OP THE CONVENTION. 217 sions, when the judgment of the associates is desired by either of the parties. SEC. 11. Suitors in the county courts shall have the right of trial by jury. SEC* 12. The president judge shall be paid an annual salary as the le- gislature may direct, to exceed in no case dollars, and to range below that sum according to the amount of taxes paid in the county. SEC. 13. The associates to be paid two dollars per day, while employed, out of the county treasury. SEC. 14. No person shall hold two or more lucrative offices at the same time. On motion of Mr. Armstrong, The report was laid on the table , and two hundred and fifty copies or- dered to be printed for the use of the convention. On motion of Mr. Smith of Macon, Leave of absence was granted to Mr. Lemon for four days. Mr. Z. Casey moved to take from the table the resolution introduced by him some days since, fixing the period of a sine die adjournment. On motion of Mr. Shumway, A call of the convention was ordered. One hundred and thirteen members having answered to their names, and a quorum being present, On motion of Mr. Shumway, Further proceedings under the call were dispensed with. The question was then taken, by yeas and nays, on suspending the rule and taking up the resolution, and It was decided in the ~> (Yeas. . 87 affirmative, <** J . 30 Those voting in the affirmative, are, Mr. Allen Mr. Farwell Mr. Moffett Anderson Graham Morris Atherton Green of Clay Nichols Blair Green of Taze well North cott Blakely Grimshaw Oliver Bunsen Harper Pace Butler Hay Palmer of Marshall Crain Henderson Pinckney Canady Hill Robbins Caldwell Hogue Roman Campbell of McDonough Hunsaker Rountree Carter Hurlbut Scates F. S. Casey James Sharpe Z. Casey Jenkins Stadden Choate Judd Swan Cross of Woodford Knapp of Jersey Spencer Cloud ' Knapp of Scott Sherman Churchill Kreider Sim Dale Kinney of St. Clair Simpson Davis of Montgomery Kitchell Smith of Gallatin Davis of Massac Knox Smith of Macon Dement Lasater Shumway Dunlap Linley Vance ' Dunn Lockwood Webber Dunsmore McClure West Edwards of Sangamon Manly Witt Eccles Marshall of Mason Whiteside Edmonson Mieure Whitney Evey Miller Woodson. JOURNAL OF THE CONVENTION. \July 3i. Those voting in the negative, are, Mr. Adams Mr. Green of Jo Daviess Mr. Peters Armstrong Hatch Rives Bosbyshell Heacock Robinson Colby Holmes Sibley Cross of Winnebago Knowlton Thomas Church Lander Thompson Davis of McLean McCallen Turnbull Dawson Markley Turner Bummer Marshall of Coles Tuttle Geddes Minshall Wead. Mr. Z. Casey modified the resolution by striking out the words "Friday. the 30th instant," and by inserting in lieu thereof the words "the 20th of August next." Mr. Adams moved to amend the resolution, as modified, by striking out the words "the 20th of August next," and by inserting in lieu thereof the words "the first of September.'* A division being called for, The question was taken on striking out, and decided in the negative. Mr. Adams moved to amend the resolution by striking out the word "twentieth," and inserting in lieu thereof the word "thirtieth." A division being called for, The question was taken on striking out, and decided in the affirmative. Mr. Lockwood moved to fill the blank with the words "twenty -fifth." Mr. Edwards of Madison moved to lay the resolution and amendments on the table. The question was taken, by yeas and nays, And decided in the negative, j ^ a *' Those voting in the affirmative, are, Mr. Adams Mr. Graham Mr. McCallen Armstrong Geddes Marshall of Coles Bosbyshell Green of Jo Daviess Mason Colby Gregg Peters Church Hatch Turnbull, Davis of McLean Heacock Turner Dummer Hogue Wead Edwards of Madison Knowlton West. Edwards of Sangamon Lander Those voting in the negative, are, Mr. Allen Mr. F. S. Casey Mr. Dement Anderson Z. Casey Dunlap Atherton Choate Dunn Blair Cross of Winnebago Dunsmore Blakely Cross of Woodford Eccles Brockman Cloud Edmonson Bunsen Churchill Evey Butler Dale Farwell Grain Davis of Montgomery Green of Clay Canady Davis of Massac Green of Tazewell Campbell of McDonough Dawson Grimshaw Carter Deitz Harper . uly 31J JOURNAL OP THE CONVENTION. 219 Mr. Harvey Hay Hendersoii Hill Holmed Hunsaker Hurlbut James Jenkins Judd Knapp of Jersey Knapp of Scott Kreider Kinney of St. Clair Kitchell Knox Lasater Linley Lockwood McClure Mr. Ed wards of Sartgamon rose to a point of order, insisting that the rule (providing that the convention should resolve itself into a committee of the whole, immediately after the reception of reports of committees,) had not been suspended, according to the provision of the 25th rule; two- thirds of the members elected not having voted for the suspension. The president decided that the rule hud been duly suspended by a vote of two-thirds of a quorum. From which decision Mr. Bosbyshell appealed. The question being taken, by yeas and nays "Shall the decision of the chair stand as the judgment of the convention?" It was decided in the affiimative, ]^V eaS> Mr. Mark ley Marshall of Mason Mieure Miller Minshall Motfett Morris Nichols Northcott Oliver Pace Palmer of Marshall Pinckney Rives Robbins Robinson Roman Rountree Scates Mr. Sharpe Stadden Swan Spencer Sibley Sim Simpson Smith of Gallatin Smith of Macon Shumway Thomas Thompson Tuttle Vance Webber Witt Whiteside Whitney Woodson. Those voting in the affirmative, are, Mr. Allen Mr. Eccles Armstrong Edmonson Atherton Evey Blair Farwell Blakely Green of Clay Brockman Green of Jo Daviess Bunsen Green of Tazewell Butler Gregg Grain Harper Canady Harvey Caldwell Hatch Campbell of McDonough Hay Carter Henderson F. S. Casey Z. Casey Choate Hill Holmes Hunsaker Churchill Hurlbut Dale James Davis of Montgomery Davis of McLean Jenkins Judd Davis of Massac Dawson Knapp of Jersey Knapp of Scott Deitz Kreider Dement Kinney of St. Clair Dunlap Kitchell Dunsmore Knox Mr. Lander Lasater Linley Lockwood Logan McClure Manly Marshall of Coles Marshall of Mason Mieure Miller Minshall Aloffett Morris Nichols Northcott Oliver Pace Palmer of Marshall Robbins Robinson Roman Rountree Scates Sharpe Stadden 2-20 JOURNAL OF THE CONVENTION. {July 31. Mr. Swan Mr. Smith of Macon Mr. Webber Spencer Shumway Williams Sherman Thomas Witt Sibley Thompson Whitney Sim luttle Woodson. Smith of Gallatin Those voting in the negative, are, Mr. Adams Mr. Geddes Mr. Pinckney Anderson Grimshavr Rives Bosbyshell Heacock Simpson Cross of Winnebago Hogue Turnbull Church Knowlton Turner Dummer McCallen Vance Edwards of Madison Markley Wead Edwards of Sangamon Mason Whiteside. Graham Peters Mr. Dawson moved to amend the resolution by adding thereto the fol- lowing: "Provided, no member hereafter shall, on any question, either in com- mittee of the whole or in convention, be allowed to speak more than once on any one question, nor for a longer period than fifteen minutes, and the president of the convention, or chairman of the committee of the whole, is hereby required to rigidly enforce the same." On motion of Mr. Z. Casey, The previous question was ordered. The question was taken on filling the blank with the word "thirtieth," and decided in the negative. The question was taken on filling the blank in the resolution with the words "twenty-fifth," and decided in the affirmative. The question was then taken en agreeing to the amendment offered by Mr. Dawson, and decided in the affirmative. The question recurred on the adoption of the resolution, as amended, and decided in the affirmative. According to order, the convention resolved itself into d committee of the whole, again to consider the report of the committee on Revenue r Mr. Edwards of Sangamon in the chair. The question pending when the committee rose on yesterday, was on the amendment offered by Mr. Scates to the second section. Mr. Scates having the floor, proceeded in his argument, when the chairman announced that his fifteen minutes had expired. Mr. Witt moved to suspend the rule to allow Mr. Scates to proceed. The question was taken, and decided in the negative. Mr. Logan called for a division, so as to vote first on inserting the word "corporation." The question was taken, and the word "corporation" inserted. The question was then taken on inserting the words "and government,*' and decided in the negative. Mr. Logan moved to amend the section by striking out the words "in each county in the state," in the second line. The question was taken, and decided in the affirmative. July 31.] JOURNAL OP THE CONVENTION. Mr. Markley moved to amend the second section by inserting after the word "valuation," in the first line, the words "but may fix a mini- mum valuation upon real estate." Mr. Knapp of Jersey moved to amend the amendment by substituting therefor the following: "But no lands subject to taxation shall be assessed at less than one dol- lar and twenty-five cents per acre." The question was taken, and decided in the negative. On motion of Mr. Geddes, The committee rose, reported progress, and asked leave to sit again; which was granted. On motion, The convention adjourned to 3 o'clock, p. M. THREE O'CLOCK, P. M. The convention met pursuant to adjournment. On motion Mr. Grain, Leave of absence was granted to Mr. Vernor for ten days. On motion of Mr. Markley, A call of the convention was ordered. The call having been proceeded in for some time, On motion of Mr. Witt, Further proceedings under the call were dispensed with. According to order, the convention resolved itself into a committee of the whole, again to consider the report of the committee on Revenue Mr. Edwards of Sangamon in the chair. The question pending when the committee rose this morning, was on the amendment offered to the second section by Mr. Markley. Mr. Churchill offered the following as a substitute for the amendment: " But may fix a minimum value for the counties of this state, respec- tively, according to its estimate of the minimum value of lands in each of said counties." The question was taken, and the substitute rejected. The question was put on the amendment offered by Mr. Markley, and no quorum voting, The committee rose, and by their chairman reported that fact to the convention. On motion of Mr. Z. Casey, A call of the convention was ordered. 117 members having answered to their names, and a quorum being pre- sent, The chairman resumed his seat in committee of the whole. The question was taken on the amendment offered by Mr. M arklejr, and decided in the negative. Mr. Dawson moved to amend the same section by strikino- out the words " and not otherwise," 2-2-2 JOURNAL OF THE CONVENTION. [July 31- The question was taken, and decided in the negative. Mr. Turnbull moved to amend the same section by adding thereto the following: c > The legislature may provide for equalizing the valuation of taxable property." The question was taken, and the amendment rejected. Mr. Scales moved to reconsider the vote taken this morning on insert- ing the words " and government," in the second section. The question was taken, and decided in the affirmative; when, Mr. Scates withdrew the amendment. Mr. Scates offered the following as an additional section: " SEC, 3. The general assembly shall provide by law for assessing and collecting a tax of not less than ten nor more than twenty-five per cente of the retail value, and not less than five nor more than Fifteen per cent, of the wholesale value, of all vinous, spirituous, and mixed liquors sold in this state, by wholesale or retail." The question was taken thereon, and decided in the negative. Mr. Turnbull moved to amend the third section by adding at the end of the tenth line, "also all lands set apart for burying ground." The question was taken, and the amendment rejected. Mr. West moved to amend the third section by striking out the first line, and by inserting in lieu thereof, the words: <4 The legislature may exempt from taxation the following property." The question was taken, and the amendment agreed to. Mr. Lockwood moved to amend the same section by striking out the word "five," in the 8th line, and by inserting the words "one hundred and sixty." The question was taken, and the amendment rejected. Mr. Thomas moved to strike out the third section and insert in lieu thereof the following: "The following property shall be exempt from taxation, viz: The poultry and household and kitchen furniture used by families, not exceeding in value one hundred dollars, and wearing apparel; property belonging to, or held in trust by the state, or to any county, township, or school district, or to cities, towns or villages, and held for public use; property owned and used by corporate bodies for purposes of education or religious worship, or to the burial of the dead; but the general assembly'shall have power to limit the quantity of land to be exempt as aforesaid." Mr. Kitchell offered the following as a substitute for the substitute to the third section: "SEC. 3. The legislature shall have the power to exempt from taxation such property as may be deemed necessary." The question was taken on agreeing to the substitute for the substitute, and decided in the affirmative. The question recurred on agreeing to the substitute as amended. Mr. Witt called fora division, so as to vote first on striking out. The question was taken, and decided in the negative. Mr. Lockwood moved the following as an additional section: SEC. , Hereafter no purchaser of any land or town lot, at any sale of lands or town lots for taxes due either to this state, or any county, or July3L] JOURNAL OF THE CONVENTION. 223 incorporated town or city, within the same; or at any sale for taxes or levies authorized by the laws of this state, shall be entitled to a deed for the land or town lot so purchased, until he or she shall have complied with the following conditions, to wit: Such purchaser shall serve, or cause to be served, a written notice of such purchase on every person in possession of such land or town lot, three months before the expiration of the time of redemption on such sale; in which notice he shall state when he purchased the land or town lot, the description of the land or lot he has purchased, and when the time of redemption will expire. In like manner fte shall serve on the person or persons in whose name or names such land or lot is taxed, a similar written notice, if such person or persons shall reside in the county where such land or lot shall be situated; and in the event that the person or persons in whose name or names the land or lot is taxed, do not reside in the county, such purchaser shall publish such notice in some newspaper printed in such county; and if no newspaper is printed in the county, then in the nearest newspaper that is pub- lished in this state to the county in which such land or lot is situated; which notice shall be inserted three times, the last time net less than three months before the time of redemption shall expire. Every such purcha- ser, by himself or agent, shall, before he shall be entitled to a deed, make an affidavit of his having complied with the conditions of this section, stating particularly the facts relied on as such compliance; which affida- vit shall be delivered to the person authorized by law to execute such tax deed; and which shall, by him, be filed with the clerk of the circuit court of the county where such land or lot shall lie, to be by such clerk careful- ly preserved among the files of his office, and shall be prima facie evidence that such notice has been given. Any person swearing falsely in any such affidavit shall be deemed guilty of perjury, and punished according- ly. In case any person shall be compelled, under this section, to publish a notice in a newspaper, then, before any person, who may have a right to redeem such land or lot from such tax sale, shall be permitted to re- deem, he or she shall pay the officer or person who by law is authorized to receive such redemption money, the printer's fee for publishing such notice, and the expense of swearing or affirming to the affidavit, and fil- ing the same. Mr, Scates moved to amend the additional section, by prefixing thereto the words " the legislature may provide that," The question was taken, and the amendment rejected. The question was taken upon the adoption of the section, as an amend- ment to the report, and decided in the affirmative. Mr. Farwell offered the following as an additional section: '* SEC. 5. The state revenue shall be collected in gold and silver coin or auditor's warrants, and the county revenue shall be collected in gold and silver coin or county orders. Mr. Thomas moved to amend the section proposed by Mr. Farwell, by striking out the words "or auditor's warrants. Th' question was put, but no quorum voting, the committee rose, and reported that fact to the convention. On motion, The convention adjourned until Monday. JOURNAL OF THE CONVENTION. [July 31. MONDAY, AUGUST 2, 1847. Convention assembled pursuant to adjournment. The journal of Friday was read. Mr. Jenkins presented the petition of Charles T. Walker, and fifty-nine others, citizens and qualified voters of the state of Illinois, praying that 160 acres of land, or a town lot of one acre, with the improvements, be ex- empted from forced sale and mortgage, &c., and also praying that a more liberal provision be made to secure more personal property for families. On motion of Mr. Jenkins, The reading was dispensed with, and the petition referred to the com- mittee on Miscellaneous Subjects and Questions. Mr. Thompson presented the petition of Phineas Crouch, and one hundred and twenty one others, citizens of the state of Illinois praying for * a limitatation of the quantity of land that any individual may hereafter acquire in this state to 160 acres; that the judges be elected by the peo- ple; the exemption of the homestead of each family, not to exceed 160 acres, from alienation for any future debt or liability, or in any manner except by the joint consent of husband and wife, where such relation may exist; that all constitutional means may be used to prevent all further traffic in the public lands of this state, and of the United States, and to cause them to be laid out in farms and town lots for the free and exclu- sive use of actual settlers, with respect to the lands now under the control of the general government; that two dollars per day be allowed legisla- tors, and that all other officers be paid in proportion. On motion of Mr. Thompson, The petition was referred to the committee on Miscellaneous Subjects and Questions. Mr. Thompson presented the petition of J, J. Hitchcock, and thirty-two others, praying that the homestead may be made inalienable; to make the judges elective; to limit the quantity of land to be owned by one person to 640 acres; to prevent the sale of land to speculators; and to place all salaries on a parallel with active labor. On motion of Mr. Thompson, The petition was referred to the committee on Miscellaneous Subjects and Questions. Mr. Grain, from the committee on Miscellaneous Subjects and Ques- tions, to which was referred the petition of Wm. Morgan, and others, praying fora reduction of the number of the members of the legislature, &c., reported the same back, and ask to be discharged from the further consideration of the subject. The question was taken on discharging the committee, and decided in the affirmative. Mr. Thomas moved to suspend the rule to enable him to offer a resolu- tion. On motion of Mr. Ho^ue, A call of the convention was ordered. The call was proceeded in, and a quorum being present, On motion, further proceedings under the call were dispensed with, ugust 2.] JOURNAL OF THE CONVENTION. 22,3 On motion of Mr. Servant, Leave of absence was granted to Mr. Jones for fourteen days, in con- sequence of severe sickness in his family. On motion of Mr. Henderson, Leave of absence was granted to Mr. Norton for fourteen days, in con- sequence of sickness. On motion of Mr. Thompson, Leave of absence was granted to Mr. Knowlton for three days. On motion of Mr. Holmes, Leave of absence was granted to Mr. Green of Tazewell for seven days, in consequence of sickness. On motion of Mr. Hogue, Leave of absence was granted to Mr. Hunsaker for fourteen days, in consequence of sickness in his family. Mr. Thomas withdrew the motion to suspend the rules. On motion of Mr. Eccles, The rule was suspended to enable him to introduce the following reso- lution : Resolved, That whenever a call of the convention is ordered, the secre- tary shall note on the journal the names of the absentees. The question was taken, by yeas and nays, on the adoption of the reso- lution, And decided in the affirmative, Those voting in the affirmative, are, 109 7 Mr. Adams Mr. Dawson Allen Deiiz Anderson Dement Armstrong Duiumer Atherton Dunn Bla-r Dunsmoie Blakely Edwards of Madison Brockman Bond Edwards of Sangamon Eccles Bosbyshell Eduionson Brown Evey Bunsen Graham Butler Geddes Crain Green of Clay Canady Green of Jo Daviess Campbell of McDonough Carter Grimshaw F. S Casey Harlan Z. Casey Harper Choate Haich Cross of Winnebago Hay Cloud Henderson Church Hill Ch irchill Hogue Dale Holmes Davis of Montgomery Davis of McLean Hurl but James Davis of Massac Jenkins 15 Mr. Judd Knapp of Jersey Kreider Kinney of Bureau Kinney of St. Clair Kitchell Knox Lander Lasater Linley McCallen Me C lure Manly Markley Marshall ot Coles .Mason Miller Minshall Moffett Morris lts and liabilities of every kind. "Fourth. In case of insolvency of any bank, or banking association, the bill-holders shall be, entitled to preference in payment over all other creditors of such bank or association. "Fifth. Non-payment of specie shall be a forfeiture of all banking rights and privileges; and the legislature shail provide for the sale of said stocks dej)v)ited, and apply the proceeds thereof to the redemption of the notes or bills in circulation; and the legislature shall not have power to remit the forfeiture, cr to relieve from any of its consequences; and provision shall be made by law for the trial, in a summary way, by judicial tribu- nals, of all contested questions of forfeiture of banking privileges. "Sec. 4. No corporation or association for banking purposes shall have a capital less than fifty thousand dollars, nor greater than five hundred thousand dollars. "SEC. 5. The embezzlement of the funds or property of any corpora- tion or joint stock association for banking purposes, by any officer or agent thereof, shall be deemed a felony, and it shall be the duty of the general assembly to provide for the punishment of such felony in the pen- itentiary. "SEC. (5. This article shall be separately submitted to a vote of the peo- ple, and it voted tor by a majority of all voting on the question, shall be- come a part of the constitution." Mr. F.irweil catted for a division, so as to vote first on striking out: The question was taken on striking out, and decided in the affirmative. Mr. liutier moved to amend the amendment by substituting therefor the following: *'AnJ no corporate body shall be hereafter created, renewed or exten- ded within this state with banking or discounting privileges; Provided,l\iat this provision shall be submitted to the people in the same manner and at the same time that other articles of this constitution are submitted, as a separate an.l distinct article of the constitution, for their approval or re- jection. And in case it shall be approved by a majority of all the votes cast for and against the same, it shall become and form apart of the con- stitution of this state, and not otherwise." The question was taken, and the substitute rejected. Mr. Robbing moved to amend the amendment by substituting therefor the. following: "Either by general or special acts of incorporation, unless the act gran- ling the said powers or privileges besubmitted to the people at the next general election after the passage of the act, and if the said act shall be approved by a majority of all the votes given at the said election, the game shall thereafter become a law." The question was taken, and decided in the negative. 232 JOURNAL OF THE CONVENTION. [August 4* The question recurred on the amendment offered by Mr. Sherman? was taken, and the amendment rejected. Mr. McCallen moved to strike out the fourth section, as amended, and to insert in lieu thereof the words "there shall be a poll opened every four years, at the general election to be held in this state, for or against the absolute prohibition of bank?, and if a majority voting shall decide against absolute prohibition, the legislature may authorize the incorporation of a bank with branches as hereinafter provided." Mr. Dement moved that the commttee rise and report. The question was taken, and decided in the negative, Mr. Caldwell moved that the committee rise, report progress, and ask leave to sit again. The question was taken, and decided in the negative. Mr. Hogue moved to amend the proposed substitute, by striking out the word "-'four," and by inserting in lieu thereof the word "ten." The question was taken, and the amendment rejected. Mr. Markley moved to amend the amendment by adding to the fourth section the following: "And no branch or agency of any banking institution in the United States, or any state or territory, within or without the United States, shall be established or maintained within this state." The question was taken, and decided in the negative. The question recurred upon the substitute proposed by Mr. McCallen; was taken, and decided in the negative. Mr. Harvey moved to amend the fourth sectien, as amended, by ad- ding thereto the words "by the legislature, unless directed by the people of the state, as hereinafter directed." The question was taken, and the amendment rejected. On motion of Mr. Logan, The fifth and sixth sections were stricken out. On motion of Mr. Logan, The committee rose, reported back the report to the convention, with sundry amendments, and asked the concurrence of the convention therein. Mr. Ilogue moved to lay the report, as amended, on the table, and order the printing of two hundred and fifty copies for the use of the con- vention. The question was taken, and decided in the negative. On motion, The convention adjourned. WEDNESDAY, AUGUSTA 1847. 4. The convention assembled pursuant to adjournment. The journal of yesterday was read. The queslionpending when the contention adjourned on yesterday, was upon concurring with the committee of the whole, in the amendments made to the report of the committee on Incorporations. August 4] JOURNAL OF THE CONVENTION. ^33 Mr, Logan moved to amend the report of the committee of the whole by adding alter the word 4 granted, in the fourth section, the following: u Except by general laws, which shall be in accordance with the fol- lowing provisions: "First. No law shall be passed sanctioning in any manner, directly or indirectly, the suspension of specie payments. "Se.cmd. Ample security in interest-paying stocks of the United States, or of the states, shall be deposited with the treasurer of the state, for the redemption, in specie, of ail the bills and notes put in circulation, and no stock shall be received in deposit, as aforesaid, but such as shall be at par value at the time of said deposit, and of such states as shall have regular- v and promptly paid their interest for the three years immediately preced* ng the deposit; and no bills or notes shall be put* in circulation by any association but such as are registered and countersigned by the treasurer of state, to any banking association; and the notes or bills so registered ind countersigned for any banking association, shall not exceed in amount the stocks or Bonds deposited by such association; Provided, that the le- gislature may also authorize a deposit of the bonds of this state to be made in like manner., for a like redemption of such bills or notes; the amount and value of such bonds being determined by the rate of interest which the state may, for three years next before the lime of such deposit, >ay on the same; and the amount of such deposite shall be proportionate o the rate per centum interest paid thereon. "Third. The stockholders in every corporation and joint stock associa- tion for banking purposes, issuing banks notes or any kind of paper cred- ts to circulate as money, shall be individually responsible to the amount of ,heir respective share or shares of stock in any such corporation or asso- ciation, tor all its debts and liabilities of every kind. "Fourth. In case of insolvency of any bank, or banking association, the bill holders shall b entitled to preference in payment over ail other ircdiiors of such bank or association. "Fifth. Non-payment of specie shall be a forfeiture of all banking rights and privileges; and the legislature shall provide lor the sale ol said itocks deposited, and apply the proceeds thereof to the redemption of ihe notes or bills in circulation; and the legislature shall not have power to remit the forfeiture, or to relieve from any of its consequences ; and provision shall be made by law for the trial, in a summary way, by judicial .ribunab, of all contested questions of forfeiture of banking privileges. " $EC. 4. No corporation or association for banking purposes shall lave a capital less than fifty thousand dollars, nor greater than five hun- Ired thousand dollars. *' NEC. 5. The embezzlement of the funds or property of any corpo- ation or joint stock association for banking purposes, bv any officer or igeni thereof, shall be deemed a felony, and it shall be the duty of the reneral assembly to provide for the punishment of such felony in the pen- ten tiary. ' tSi:j. 6. This article shall be separately submitted to a vole of the >eopie, and if voted for by a majority of all voting on the question, shall )ecome a part ol the constitution." 234 JOURNAL OF THE CONVENTION. [August 4. Mr. Logan moved to postpone, the further consideration of the whole subject for the present, and to make it the special order of the day for Monday next. Mr. Hayes moved to lay the motion on the table. Tiie question was taken, by yeas and nays, And decided in the affirmative, 70 C2 Those voting in the affirmative, are, Mr. Akin Allen Archer Armstrong Atherton Blair Blakely Brockman Bond Bosbyshell Brown Bunsen Butler Grain Cal dwell Campbell of McDonough Carter F. S. Casey Z. Casey Choate Colby Cross of Woodford Cloud Dale Mr. Davis of Montgomery Davis of Massac Dement Dunn Edmonson Evey Farwell , Gregg Hatch Hayes Henderson Hill Hoes Hogue James Kreider KinneyofSt. Clair Kitchell Lasufer Linley McCully McClure Manly Mr. Markley Moffett Nichols Oliver Pace Robinson Roman Rountree Scales Stadden Sharpe Sim Simpson Smith of Gallatin Shumway Thompson Tutt Wead Webber Williams Witt Whiteside Worcester. Those voting in the negative, are, Mr. Adams Anderson Canady \ Cross of Winnebago Church Churchill Davis of McLean Dawson Deitz Dtqnmef Dunlap Dunsmore Edwards of Madison Edwards of Sangainon Eccles Graham Geddes Green of Clay Green of Jo Daviess . Grimshaw Harlan Mr. Harper Harvev Hay * Heacock Holmes Hurl but Judd Knapp of Jersey Knapp of Scott Kenner Kinney of Bureau Knox Lander Lockwood Logan Loudon McCallen Marshall of Coles Mason Mieure Miller Mr. Morris Northcott Palmer of Marshall Pinckney Rives Robbins Swan Spencer Sherman Servant Sibley Smith of Macon Thomas Thornton Turnbull Turner Tuttle Vance West Whitney Woodson. Agust 4.] JOURNAL OF THE CONVENTION. 235 Mr. Logan withdrew his amendment. Mr. Williams moved to amend the fourth section, as amended by the :ommiltcc of the whole, by adding thereto the following: The legislature shall prohibit, under adequate penalties, the circula- ion of all bank notes in this state, and making void all contracts founded ipo or payments made in such notes." On motion of Mr. Cross of Winnebago, The previous question was ordered. The question was taken, by yeas and naysj on the adoption of the rneridment of Mr. Williams, (Yeas, 90 (Nays 41 And decided in the affirmative, [t'hose voting in the affirmative, are, IT. Adams Mr Akin Edwards of Sangamon Ecclcs Allen Edmonson Archer Farwell Armstrong Graham Brockman Geddes Bond Green of Clay Bosbysheli Gregg Brown Gnmshaw Bun sen Hay Grain Hayes Canady Henderson Caldwell Hoes Campbell of McDonough Holmes Carter Hurlbut ' F. S. Casey James Z. Casey Judd Colby " Cross of Winnebago Knapp of Jersey Knapp of Scott Cross of \\ oodford -. Kreider Cloud Kenner Churchill Kinney of Bureau Davis of McLean Kinney of St. Clair Davis of Massac Knox Deitz Lander Dement Lasater Dummer Linley Dunlap Logan Dunsmore London Edwards of Madison McCully Those voting in the negative, are, r. Anderson Atherton Blair Blakely Butler Choate Church Davis of Montgomery Dawson Dunn Evey Green of Jo Daviess Harlan Harper Mr. Harvey Hatch Heacock Hill Kitchelt Lockwood McCallen Manly Mason Mieure Moffett Nichols Palmer of Marshall Mr. McClure Markley Marshall of Coles Miller Noithcott Oliver Pace Pinckney Rives Robinson Roman Scates Stadden Swan Sherman Sim Simpson Smith of Gallatm Shumway Thomas Thompson Turnbull Turner Tuttle Vance Wead Webber West Williams Whitney. Mr. Robbins Rountree Sharpe Spencer Servant Sibley Smith of Macon Thornton Tutt W T itt Whiteside Woodson Worcester. JOURNAL OP THE CONVENTION. (August 4 The question recurrrcd on the question of concurring with the coni mittee of the whole in the amendments made to the report. Mr. Caldwell called for a division, so as to vote separately oh concur! ring in said amendments. The question was taken, by yeas and nayc, on concurring in the amend ments to the first section, And decided in the negative, (Nays, Those voting in the affirmative, are, Those voting in the negative, are. Mr. Adams Anderson Blakely Canady Choate Cross of Winnebago Church Churchill Davis of Montgomery Davis of McLean Dawson Deitz Dement Dummer Dunlap Dunn Dunsmore Edwards of Madison Edwards of Sangamcn Eccles Euinonson Evey Graham Geddes Green of Clay Green of Jo Daviess Mr. Gregg Grimshaw Harlan Harper Harvey Hatch Hay Heacock Hill Hogue Holmes Hurlbut Judd Knapp of Jersey Knapp of Scott Kenner Kinney of Bureau Knox Lander Lemon Lockwood Logan Loudon McCallen Marshall of Coles Mason 53 78 Mr. Akia Mr, Colby Mr. Nichols Allen Cross of Woodford Oliver Archer Cloud Pace Armstrong Farwell Robinson Atherton Hayes Roman Blair Henderson , Rountree Brockman Hoes Scates Bond James Stadden Bosbyshell Kreider Sim Biown Kinney of St. Glair Simpson Bansen Kitcfeell Smith of Gallatin Butler Lasater Sh urn way Grain Lin ley Thompson Caldwell Me Cully Tutt Campbell of McDonough McClure Wead Carter Manly West F. S. Casey Markley Whiteside. Zadok Casey Morris Mr. Mieure Miller Moffett North cott Palmer of Marshall Pinckney Rives Robbins Swan Spencer Sherman Servant Sibley Smithof Macon Thomas Thornton Turnbull Turner - Tuttle Vance Webber Williams Witt Whitney Woodson Worcester. ugust 4] JOURNAL OF THE CONVENTION. 23? The question was taken on concurring in the amendment made to the ird section, and decided in the affirmative. The question was taken, by yeas and nays, on concurring with the com- ittee of the whole on agreeing to the following additional section: " NEC. . All the property belonging to the inhabitants of any muni- pal corporation shall be liable to the payment of debts contracted under e authority of law." And decided in the negative. Yeas, 47 Nays, 83 Those voiing in the affirmative, are, '. Akin Mr. Davis of Massac Mr. McCallen Allen Dement McCully Archer Edwards of Sangamon Markley Blakely Farwell Oliver Brock man Green of Clay Pace Bond Harper Bobbins Bosbyshell Hatch Robinson Bunsen Hill Roman Grain Hogue Rountree Caldwell James Scates Carter Kreider Sim F. S. Casey Kinney of Bureau Smith of Gallatin Z. Casey Kinney of St. Clair Thompson Colby Lasater Tutt Cloud Linley Wead. Churchill Loudon Those voting in the negative, are, r. Adams Mr. Grimshaw Mr. Nichols Anderson Harlan Northcott Armstrong Harvey Palmer of Marshall Atherton Hay Pinckney Blair Hayes Rives Brown Heacock Sharps Butler Henderson Stadden Canady Hoes Swan Campbell of McDonough Choate Holmes Hurlbut Sherman Servant Cross of Winnebago Judd Sibley Cross of Woodlbrd Knapp of Jersey Simpson Church Knapp of Scott Smith of Macon Davis of Montgomery Kenrier Shumway Davis of McLean Kitchell Thomas Dawson Knox Thornton Iteiiz Lander Turn bull Dumrner Lemon Turner Duiilap Lock wood Tuttle Dunn Loe;an Vance Dunsmore Me C lure Webber Edwards of Madison Manly West Eccles Marshall of Coles Williams Edmonton Mason Witt Evey Mieure W'titeside Graham Miller Whitney Geddes Moffett Wood son Green of Jo Daviess Morris Worcester. 238 JOURNAL OF THE CONVENTION. [August The question was taken, by yeas and nays, on concurring with the con- mittee of the whole in the aaiciidineiit made to the fourth suction, Yeas, v x ei And decided in the negative, j -^ Those voting in the affirmative, are, 47 80 Mr. Akin Allen Archer Armstrong Brockman Bond Bosbyshell Brown Bunsen Grain Caldwell Campbell of McDonough Carter F. S. Casey Z Casey Cross of Woodford Mr. Davis of Massac Dement Dunsmore Farwell Geddes Green of Clay Gregg Hayes Henderson Hoes James Kreider Kinney of St. Clair Lasater Linley Loudon Those voting in the negative, are, Mr. Adams Anderson Atherton Blair Blakely Butler Cahady Choate Colby Cross of VVinnebago Cloud Church Churchill Davis of Montgomery Davis of McLean Dawson Deitz Dummer Dunlap Dunn Edwards of Madison Edwards of Sangamon Eccles Edmonson Evey Graham Green of Jo Davieas Grimshaw Harlan Mr. Harper Harvey Hatch Hay Heacock Hill Hogue Holmes Hurlbut Judd Knapp of Jersey Knapp of Scott Kenner Kinney of Bureau Kitchell Knox Lander Lemon Lockwood Logan McCallen McClure Manly Marshall of Coles Mason Mieure Miller Moffett Morris Mr. Me Cully Mark ley Nichols Oliver Pace Robinson Roman Scates Stadden Sim Simpson Smith of Gallatin Thompson Wead Williams. Mr. Northcott Palmer of Marshall Pinckney Rives Robbins Rountree Sharpe^ Swan Spencer Sherman Servant Sibley Smith of Macon Shumway Thomas Thornton Turnbull Turner Tutt Tattle Vance Webber West Witt Whiteside Whitney Woodson Worcester. On motion, The convention adjourned until 3 o'clock, r. M. 4.J JOURNAL OF THE CONVENTION. 239 T1IIIEE O CLOCK. P. M. The convention assembled pursuant to adjournment. On motion of Mr. Woodson, A call of the convention was ordered. When it appeared that the following members were absent, viz: Messrs. Akin, Anderson, Ballingall, Campbell of Jo Daviess, Carter, Constable, Dale, Dunsmore, Frick, Green of Tazewell, Gregg, Grimshaw, Harding, Hawley, Hoes, Ilunsaker, Huston, Jackson, Jenkins, Jones, Judd, Knowlton, Laughlin, Linley, Lockwood, McIIatton, Marshall of Mason, Mason, Matheny, Mieure, Minshall, Moore, Norton, Palmer of 'Macoupin, Peters, Powers, Roman, Rountree, Sibley, Singleton, Shum- way, Trower, and Vernor. On motion of Mr. Shumway, Further proceedings under the call were dispensed with. The question pending when the convention adjourned this fore noon, was pn concurring with the committee of the whole in striking out the 5th and pth sections of the report of the committee on Incorporations; which as taken, by yeas and nays, I Yeas And decided in the negative, iv ' a * Those voting in the affirmative, are, 56 69 Akin Mr. Dunlap Mr. Manly* Allen Dunn Markley Archer Dunsmore Nichols Atherton Edmonson Oliver Blair O" Evey Pace Blakely Farwell Pratt Brockman Green of Clay Robinson Bond Harper Roman Bosbyshell Hayes Scates Bunsen Heacock Stadden Butler Henderson Sim Grain Kreider Simpson Caldwell Kinney of St. Clair Smith of Gallatin F. S. Casey K'itchell Thompson Z. Casey Lasater Wead Colby " London Webber Davis of Montgomery Me Call en Williams Davis of Massac McCully Worcester. Dement McClure Those voting in the negative, are, tfr. Adams Anderson Armstrong Canady Campbell of McDonough Carter Choate Cross of Winnebago Mr. Cross of Woodford Cloud Church Churchill Davis of McLean Dawson Deitz Dummer Mr. Edwards of Madison Edwards of Sangamon Eccles Graham Geddes Green of Jo Daviesa Grimshaw Harlan 240 JOURNAL OF THE CONVENTION. [August 4. Mr. Harvey Hatch Hay Hill Hogue Holmes Hurlbut Jatne? Judd Knapp of Jersey Knapp of Scott Kenner Kinney of Bureau Knox Lander Lemon Mr. Lockwood Logan Marshall of Coles Mieure Miller Moffett Morris JNorthcott Palmer of Marshall Pinckney Rives Robbins Swan Shields Spencer Mr. Sherman Servant Sibley Smith of _Macon Thomas Thornton Turnbull Turner Tutt luttle Vance Witt Whiteside Whitney Woodson. Mr. Dunlap moved to amend the report of the committee on Incorp rations by striking out all after the'third section, and by inserting in H< thereof the following: " No act of the legislature granting any special character of incorp ration for banking purposes, nor any general acr of incorporation for su< purposes, shall be in force or of any effect unless the same shall, at the ne general election after its passage, be submitted to the people, nor unle a majority of those voting for and against it be cast in iavor of the act Mr. Scales called for a division, so as to vote first on striking out. The question was taken, and decided in the affirmative. Mr. Armstrong moved to amend the amendment, by adding thereto ti following: Ci Provided, that should there be banks in this state, they shall be r quired to redeem their notes at par in the cities of Alton and Chicag and a failure to do so shall work a forfeiture of their charter." On motion of Mr. McCallen, The proviso was laid on the table, \' Those voting in the affirmative, are, 9-1 40 Mr. Adams Anderson Blair Bosbyshell Canady Caldwell Cross of Winnebago Cloud Church Davis of Montgomery Davii of McLean Davis of Massac Dawson Deitz Dement Dumrner Dunlap Dunn Dunsmore Edwards of Madison Mr. Edwards of Sangamon Ecclea Fdmonson Evpy Graham Geddes Green of Clay Green of Jo Daviess Grirnshaw Harlan Harper Harvey Hatch Hay Heacock Henderson Hogue Holmes Hurlbut Judd Mr. Knapp of Jersey Knapp of Scott Kenner Kinney of Bureau Kitchell Knox Lander Lemon Lockwood Logan London McCallen McClure Manly Marshall of Colei Mason Mieure Miller Molfett ' Morris August 4.] JOURNAL OF THE CONVENTION. 241 Mr. Nichols Northcott Palmer of Marshall Pratt Pinckney Rives Robbins Robinson Swan Spencer Mr. Sherman Servant Sibley Sim Simpson Smith of Gallatin Smith of Macon Thomas Thornton Turnbull Mr. Turner Tutt Tuttle Vance Webber West Williams Whitney Woodson Worcester. Those who voted in the negative, are, Mr. Akin Mr. Z. Casey Mr. Markley Allen Choate Oliver Archer Colby Pace Armstrong Cross of Woodford Roman Atherton Churchill Roantree Blakely Farwell Scates Brockman Hayes Stadden Bond Hill Shields Bunsen James Shumway Butler Kreider Thompson Crain Kinney of St. Clair Wead Campbell of McDonough Lasate'r Witt Carter McCully Whiteside. F. S. Casey Mr Hayes moved to amend the amendment by striking out the words for and against it be cast," and by inserting in lieu thereof the words ; at such election vote." Mr. Hurlbut called fora division, so as to vote first on striking out. The question was then taken, by yeas and nays, And decided in the affirmative, Those voting in the affirmative, are, 72 60 Mr. Akin Allen Archer Armstrong Atherton Bliir Blakely Brockman Bond Bosbyshell Brown Bunsen Butler Crain Caldwell Campbell of McDonough Carter F. S. Casey Z. Casey Choate Colby Cross of Woodford Cloud Churchill 16 Mr. Davis of Montgomery Davis of Maosac Dement Dunn Edmonson Evey Farwell Green of Jo Daviess Greg? Harvey Hatch Hayes Heacoek Henderson Hill Hoes Hogue Jam^s Kreider Kinney of St. Clair Lasater London McCully McClure Mr. Manly Markley Moffett Morris Nichols Oliver Pace Robinson Roman Rountree Scales Sharpe Stadden Shields Sim Simpson Smith of Gallatin Sb urn way Tutt Vance Wead Webber Whiteside Whitney. 242 JOURNAL OF THE CONVENTION. [August 4. Those voting in the negative, are. Mr. Adams Anderson Canady Cross of Winnebago Church Davis of McLean Dawson Deitz Bummer Dunlap Dunsmore Edwards of Madison Edwards of Sangamon Eccles Graham Geddes Green of Clay Grimshaw Harlan Harper Mr. Hay Holmes Hurlbut Judd Knappof Jersey Knapp of Scott Keener Kinneyof Bureau Kitchell Knox Lander Lemon Lockwood Logan McCallen Marshall of Coles Mason Mieure Miller Northcott Mr. Palmer of Marshall Pinckney Rives Robbins Swan Spencer Sherman Servant Sibley Smith of Macon Thomas Thornton Turnbull Turner Tuttle West Williams Witt Woodson Worcester. The question was taken, by yeas and nays, on inserting the words " such election vote," And decided in the affirmative, (IN ays, 92 40 Those voting in the affirmative, are, Mr. Akin Allen > Archer Armstrong Athenon Blair Blakely Brockman Bond Bosbyshell Brown Bunsen Butler Grain Cal dwell Campbell of McDonough Carter F. S. Casey Z. Casey Choate Colby Cross of Woodford Cloud Churchill Davis of Montgomery Davis of Massac Dement Dunlap Dunn Eccles Edmonson Mr. Evey Farwell Graham Green of Clay Green of Jo Daviess Gregg Grimshaw Harvey Hatch Hayes Heacock Henderson Hill Hoes Hogue Knapp of Scott Kreider Kinney of St. Clair Kitchell Knox Lasater Lockwood Logan Loudon McCallen Me Cully Me C lure Manly Markley Mason Moffett Mr. Morris Nichols Oliver Pace Palmer of Marshall Robbins Robinson Roman Rountree Scates Sharpe Stadden Shields Sherman Sim Simpson Smith of Gallatin Shurnway Thornton Tutt Vance Wead Webber West Williams Witt Whiteside Whitney Woodson Worcester. August 4] JOURNAL OP THE CONVENTION. Those voting in the negative, are, 243 Mr. Adams Anderson Canady i Cross of Winnebag Church Davis of McLean Dawson Deitz Dummer Dunsmore Edwards of Madison Edwards of Sangamon Geddeg Harlan Mr. Harper Hay Holmes Hurl but James Judd Knapp of Jersey Kenner Kinney of Bureau Lander Lemon Marshall of Colea Mieure Mr. Miller North cott Pinckney Rivesj Swan Spencer Servant *& Sibley Smith of Macon Thomas ^ Turnbull Turner Tuttle. Mr. Wead moved that the convention adjourn. The question was taken, and decided in the negative, The question was taken, by yeas and nays, on inserting ment, as amended, the amend- And decided in the negative, s^ ^[\ays, Those voting in the affirmative, are, 66 bo Mr. Archer Armstrong Atherton Blair Blakely Brown Canady Campbell of McDonough Choate Colby Cloud Churchill Davis of Montgomery Dawson Dement Dunlap Dunn Edwards of Sangamon Eccles Edmonson Evey Graham Mr. Green of Clay Green of Jo Daviess Gregg Gnmsha^r Harlan Harper Harvey Hatch Hay Hayes Heacock Henderson Hill Hogue Knapp of Scott Kitchell Knox London McCallen McClure Manly Mason Those voting in the negative, are, Mr. Adams Akin Allen Anderson Brockman Bond Bosbyshell Bunsen Mr,?Butler Grain Caldwell Carter F. S. Casey Z. Caser Cross of Winnebag Cross of Woodford Mr. Moffett Morris Nichols Palmer of Marshall Robbins Robinson Rountree Shields Spencer Simpson Smith of Macon Shumway Thornton Tutt Vance Webber Williams Witt Whiteside Whitney Woodson Worcester. Mr. Church Davis of McLean Davis of Massac Deitz Dummer Dunsmore Edwards of Madison Farwtll JOURNAL OF THE CONVENTION. [August 4, Mr. Geddea Mr. Lockwood Mr Sbarpe Hoes Lo^an Stadden Holmes McCully Swan Hurlbut Markley Sherman James Marshall of Coles Serrant Judd Mieure Sibley Knapp of Jersey Miller Sim Kreider Northcott Smith of Gallati Kenner Oliver Thomas Kmney of Bureau Pace Turnbull Kinney of St. Clair Pinckney Turner Lander Rives luttle Lasater Roman Wead Lemon Scates West. Mr. Davis of Montgomery moved to reconsider the vote just taken; which motion lies over one day. On motion of Mr. Edwards of Madison, The rule was temporarily suspended, when he, from the select commit- tee of twenty-seven, to which was referred the report of the committee of the whole convention on the report of the committee on the Judiciary Department, together with the reports of the minorities, and the substi- tute proposed by Mr. Rountree, made the following report: ARTICLE . SECTION 1. The judicial power of this state shall be and is hereby vest- ed in one supreme court, in circuit courts, in county courts, and in justices of the peace. SEC. *J. The supreme court shall consist of three judges, any two ol whom shall form a quorum; and the concurrence of two of said judges shall in all cases be necessary to a decision. SEC. 3. The state shall be divided into three grand divisions, as near- ly equal as may be, and the qualified electors of each division shall elect one of the said judges for the term of nine years; Provided, that after the first election of such judges the legislature may have the power to provide by law for their election by the whole state, or by divisions as it may deem most expedient. SEC. 4. The office of one of said judges shall be vacated, after the first election held under this article, in three years, of one in six years, and o one in nine years, to be decided by lot, that one of said judges shall be elected once in every three years, the judge having the longest term to serve shall be the first chief justice, after which the judge having the old- est commission shall be chief justice. SEC. 5. The supreme court may have original jurisdiction in rnses re- lative to the revenue, in cases of mandamus, habeas corpus, and in such cases of impeachment as may be by law directed to be tried before it and shall have appellate jurisdiction in all other cases. SEC. G. The supreme court shall hold at least one term annually in ach of the aforesaid grand divisions, at such times and places as the gen- eral assembly shall by law direct; Provided, however, that the general as- sembly may, after the year eighteen hundred and fifty, direct by law thai the said court shall be held at one place only. August 4.] JOURNAL OP THE CONVENTION. 245 SEC. 7. The state shall be divided into twelve judicial districts, in each of which one circuit judge shall be elected by the qualified electors there- of, who shall hold his office for the term of six years, and until his succes- sor shall be commissioned and qualified; Provided, that the legislature may increase the number of circuits to meet the future exigencies of the state. SEC. 8. There shall be two or more terms of the circuit court held an- nually in each county of this state, at such times as shall be provided by law, and said courts shall have jurisdiction in al! cases at law and equity, and in all cases of appeals from all inferior courts. SEC. 9. All vacancies in the supreme and circuit courts shall be filled by election as aforesaid; Provided, however, that if the unexpircd term does not exceed one year, such vacancy may be filled by executive ap- i pointment. SEC. 10. The judges of the supreme court shall receive a salary of twelve hundred dollars per annum, payable quarterly, and no more. The judge 5 ? of the circuit courts shall receive a salary of one thousand dollars, payable quarterly, and no more. The judges of the supreme and circuit courts shall not hold any other office or public trust in this state, nor the United States, during the term for which they are elected, nor for one year thereafter. All votes for either of them for any elective office, ( except that of judge of the supreme or circuit court) given by the general assem- bly or the people, shall be void. SEC. 1 1. No person shall be eligible to the office of judge of any court of this state who is not a citizen of the United States, and who shall not have resided in this state two years next preceding his election, and who shall not at the time of his election reside in the division, circuit, or coun- ty in which he phall be elected. Nor shall any person be elected judge of the supreme court who shall be, at the time of his election, under the age of thirty-five yeais. wVnd no person shall be eligible to the office of judge of the circuit court until he shall have attained the age of thirty years. SEC. 12. Any judge of the supreme or circuit court may be removed from office by address of both houses of the general assembly, if two- thirds of all the members elected of each house concur therein. SEC. 13. There shall be in each county a court to be called a county court. SEC. 14. One county judge shall be elected by the qualified voters of each county, who shall hold his office for four years, and until his succes- sor is elected and qualified. SEC. 15. The jurisdiction of said court shall extend to all matters of probate, with such other jurisdiction as the legislature may confer in civil cases, and such criminal cases as may be prescribed by law, where the punishment is by fine only; not exceeding one hundred dollars. SEC. 16. The county judge, with two or more justices of the peace, to be designated by law, shall hold terms for the transaction of county busi- ness, and shall perform such other duties as the general assembly shall pre- scribe; Provided, that the legislature may require that the two justircs, to be chosen as may be provided by law, shall sit with the judge in all cases. SEC. 17. There shall be elected biennially in each county, a clerk of 146 - JOURNAL OF THE CONVENTION. [August 4. the county court, who shall be ex officio recorder, whose compensation shall be fees. SEC. 18. The general assembly shall provide for the compensation of the county judge, SEC. 19. There shall be elected in each county in this state by the qualified electors thereof, a competent number of justices of the peace, who shall hold their office for the term of four years, and until their suc- cessors shall be elected and qualified, and who shall perform such duties, receive such compensation, and exercise such jurisdiction ( not exceeding one hundred dollars) as may be prescribed by law. SEC. 20. There shall be elected by the qualified electors of this state one attorney general, who shall hold his office for the term of four years, and until his successor shall be commissioned and qualified. He shall per- form such duties and receive such compensation as may be prescribed by law. SEC. 21. There shall be elected in each of the judicial circuits of this state, by the qualified electors thereof, one prosecuting attorney, who shall hold his office for the term of four years, and until his successor shall be commissioned and qualified, who shall perform such duties and receive such compensation as may be prescribed by law. SEC. 22. The qualified electors of each county in this state shall elect a clerk of the circuit court, who shall hold his office for the term of four years, and until his successor shall be commissioned and qualified, who shall perform such duties and receive such compensation as may be pre- scribed by law. The clerk of the circuit court in the county where the supreme court shall sit, shall be clerk of the supreme court. On motion of Mr. Edwards of Madison, The reading of the report was dispensed with, and the same laid on the table, and 250 copies ordered to be printed for the use of the convention. Under acontinued suspension, Mr. Dement, from a minority of the same select committee of twenty- even, submitted the following report: 9 ARTICLE . SECTION 1. The judicial power of the state shall be vested in one su- prerne court, in circuit courts, and such inferior courts as the legislature shall from time to time ordain and establish. SEC. 2. The supreme court shall have appellate jurisdiction only, ex- cept in cases relating to the revenue, and power to issue writs of habeas corpus, mandamus, prohibition* quo w.irranto, informations in the nature of writs of quo warranta, and certiorari* and to hear and determine the same, and in such cases of impeachments as may be required to be tried before it. SEC. 3. The supreme court shall consist of one chief justice and two associate justices, who shall be not less than thirty-five years of age, and shall receive a salary of twelve hundred dollars per annum, each, and no more, payable quarterly. SEC. 4. The state shall be divided into three districts, as nearly equal in population as may be. The justices of the supreme court shall be elec- August .~] JOURNAL OF THE CONVENTION. 24? ted by the qualified electors of the state, one of whom shall be elected from and reside in each district. The first election shall be held on the lirst Monday of , after the adoption of this constitution, returns whereof shall be made to the secretary of state, who shall count the same in the presence of the governor and auditor, or either of them; the three persons having the highest number of votes shall he elected. SEC 5. The secretary of state shall, in the presence of the same per-- son or persons, draw the names of the said justices by lot; the justice whose name is first drawn shall be chief justice, and hold his office for six years; the second drawn shall hold his office four years, the other, two years, and each until his successor is commissioned and qualified. On the first Mon- day of March, one thousand eight hundred and fifty-one, the second elec- tion shall be held for one justice of the supreme court, who shall hold his office six years, and until his successor is qualified. And forever thereaf- ter an election shrill be held every two years for one justice of the su- preme court. After the term of the first chief justice expires, the justice oldest in commission shall be chief justice. SEC. 6. One term of the supreme court shall be held annually in each judicial circuit, at such time and place as shall be provided. SEC. 7. There shall be nine judicial circuits, which may be increased from time to time as the legislature, may provide. SEC. 8. The first election for justices of the supreme court, and on the first Monday of March, 1855, and on the first Monday of March, eve- ry six years thereafter, the qualified electors of each judicial circuit shall elect a judge for said circuit, who shall be not less than thirty years of age, and resident in said circuit; returns whereof shall be made and canvas- sed as provided in section four. They shall hold their office for six years, and until their successors are qualified: and each shall receive a salary of one thousand dollars per annum, and no more, payable quarterly. SEC. 9. The gov&rnor shall fill, by appointment, all vacancies that may happen in the supreme or circuit courts within one year of the expiration of the term, otherwise he shall issue a writ for a special election, returns whereof shall be made and canvassed as provided in section four. SEC. 10. No person holding an office of honor, trust, or profit, under the government of the United States or this state, shall be eligible to a judicial office in a court of record during the time for which he was ap- pointed to said office. Nor 'shall any jusiice or judge of the supreme or circuit courts be eligible to any other than a judicial office during the time for which he may have been elected or appointed. SEC. 11. For any reasonable cause, which shall not be sufficient ground for impeachment, both justices and judges shall be removed from office on the vote of two-thirds of the members elected to each branch of the general assembly; Provided always, that no member of either house of the general assembly shall be eligible to fill the vacancy occasioned by such removal ; Provided, G/.VO, that no removal shall be made unless the party complained of shall have been served with a copy of the com- plaint against him, and shall have an opportunity of being heard in his defence. SEC. 12. The governor shall con-mission the justices and judges for the term as provided in this article. 248 JOURNAL OF THE CONVENTION, [August 4. SEC. 13* Two or more terms of the circuit court shall be held annually in each county. SEC. 14. At the first election of justices of the supreme court, and on the first Monday of March, 1853, and every four years thereafter, a clerk of the circuit court of each county shall be elected by the qualified voters thereof. SEC. 15. The clerk of the circuit court of the county in which the supreme court shall sit, shall be clerk of the supreme court for that judi- cial district. SEC. 16. A competent number of justices of the peace shall be elec- ted by the people in each county, in such manner as the general assembly may direct; whose term of service, powers, and duties, shall be regulated and defined by law, with jurisdiction not exceeding one hundred dollars. They shall be commissioned by the governor. SEC. 17. At the first election of justices of the supreme court, and on the first Monday of March, 1851, and every two years thereafter, an attor- ney general shall be elected by the electors of the state, who shall be com- missioned by the governor, hold his office two years, and receive an an- nual salary of three hundred dollars, payable quarterly, arid whose duties shall be prescribed by law. SEC. 18. At the first election for judge of the circuit court, and on the first Monday of March, 1851, and every two years thereafter, there shall be elected by the voters of each circuit, a state's attorney, who shall be commissioned by the governor, hold his office for two years, and receive an annual salary of two hundred dollars, payable quarterly, and whose duties shall be prescribed law. SEC. 19. All process, writs and other proceedings shall issue in the name of "the people of the state of Illinois." All prosecutions shall be carried on "in the name and by the authority of the people of the state of Illinois," and conclude, "against the peace and dignity of the same." The reading thereof was dispensed with. On motion of Mr. Dement, The same was laid on the table, and two hundred and fifty copies or- dered to be printed for the use of the convention. Under a continued suspension, Mr. Dawson, for Mr. Minshal], one of the minority of said select com- mittee, submitted the following: ARTICLE . 1. The supreme court shall consist of a chief justice and three asso- ciates, any two of who shall form a quorum, and this number of judges shall not be increased or diminished, and shall have appellate jurisdiction only, except in cases relating to the revenue, cases of mandamus, and in such cases of impeachment as may be required to be tried before it. 2. There shall be judicial circuit courts, which may be increased from time to time as the legislature may provide, and in no case shall the legislature, after the creation of (he circuit courts, be permitted to abolish the same, or require the judges thereof to perform the duties of supreme judge, nor shall the supreme judges be required to perform the August 4.] JOURNAL OF THE CONVENTION. 249 duties of circuit judges, but the two courts shall forever hereafter be kept separate and distinct departments in the judiciary of this state. 3. The qualified electors of each judicial circuit shall elect a judge for such circuit, who shall be not less than thirty-five years of age, resident in said circuit, shall hold their office for six years, and until their succes- sors shall be elected and qualified, and there shall beholden in each county of the judicial circuits at least two terms of the circuit court~arh I Dually, and as many more as may be required by law, 4. For the purpose of constituting the supreme court, the state shall be divided into four equal divisions as near as practicable, and the quali- jfied electors of such divisions shall elect from each of said divisions one >f the justices of the supreme court, who when elected shall be commis- ioned by the governor, and hold his office for the term of eight years, nd until his sjccessor shall be elected and qualified. 5. There shall be holden annually one term of the supreme court in each judicial circuit, at such time and place as may be provided by law, for vhich purpose, the justices of the supreme court may divide the state nto two divisions, as nearly equal as may be, within which divisions any woof the suprerne judges may hold said term of the supreme court in he judicial circuits. 6. There shall be holden by the four justices of the supreme court, or a majority of them, one term of the supreme court annually at the sea"t of government, for adjudicating and determining all matters of law and equity which may be brought before them, by reason of any division of opinion etween the judges in matters of law, arising on the trial of causes in the upreme court in the judicial circuits, and all such matters of law and iquity as may be required of them by the general assembly. 7. At the first election of the supreme judges under this constitution, he judges shall their term of office by lot, in manner following: the ecretary of state shalj^deposite in a box, to be provided for that purpose, bur tickets, on one of which shall be written the words "two years," one other the words "four years," on one other the words "six years," and >n the other the words "eight years." And the judges shall proceed in the irescnce of the secretary to draw separately the tickets so deposited. The judge who draws the ticket whereon is written the words "two years," hall hold his office for the term of two years. The judge who draws the iclcet whereon is written the words "four years," shall hold his office for he term of four years. The judge who draws the ticket whereon is written the words "six years," sha'1 hold his office for the term of six rears, And the judge who draws the ticket whereon is written the ifords "eight years," shall hold his office for the term of eight years, and hall be Ihe chief justice. Thereafter an election shall be holden every wo years in such district in which a vacancy shall occur by the expira- ion of the respective terms of the judges on the first Monday in March, or one justice of the supreme court, who shall hold his office for the term if eight years, and until his successor shall be elected and qualified. After he term of the firsi chief justice expires, the judge oldest in commission hall be the chief justice. 8. No person holding a office of honor, trust, or profit under the jovernment of the United States or this state, shall be eligible to a judi- 250 JOURNAL OF THE CONVENTION. [August 5. cial office in a court of record, during the time for which he may have been elected or appointed. Nor shall any judge of the supreme or circuit court be eligible to any other than a judicial office during the time fur which he may have been elected or appointed. 9. The judges of the supreme court respectively shall be allowed the sum of twelve hundred dollars annually, payable quarterly, and the circuit "judges shall be allowed each the sum of one thousand dollars annually, payable quarterly, for their salary; which salary shall not, in either case, be increased or diminished. The reading wasd'-spensed with. On motion of Mr. Dawson, The report was laid on the table, and 250 copies ordered to be printed for the use of the convention, with the majority and minority reports. On motion of Mr. Dawsor, Leave of absence was granted to Mr. Minshall for ten days. ^rMr. Logan moved to reconsider the votes taken on Mr. Hayes' amend- ment to the proposition offered this afternoon by Mr. Dunlap. Which lies over one day. Mr. Kenner moved to reconsider the vote taken on striking out all after the third section. Which lies over one day. On motion, The convention adjourned. *" V -OF TH* UNIVEBS- THURSDAY, AUGUST 5, 1847. The convention met pursuant to adjournment. The journal of yesterday was read. On motion of Mr. Brown, Leave of absence was granted to Mr. Wead for ten days. Mr. Z. Casey moved to amend the 17th rule by striking out all after the word "convention." The question was taken, and decided in the affirmative. The question was taken, by yeas and nays, on the motion of Mr. Davis of Montgomery, to reconsider the vote taken yesterday on the amend- ment offered by Mr. Dunlap, And decided in the negative, < ^ eaS ' ' n / i\ ays . . . * /u Those voting in the affirmative, are, Mr Allen Mr. Colby Mr. Edmonson Archer Cross of Woodford Evey Armstrong Cloud Graham Atherton Churchill Geddes Blair Davis of Montgomery Green of Clay Blakely Dement Green of Jo Daviess Bosbyshell Dunlap Gregg Bunsen Dunn Harlan Campbell of McDonough Edwards of Madison Harvey Choate Eccles Hatch August 5.] JOURNAL OF THE CONVENTION. 251 Mr. Hayes Henderson Hill Hogue Kinney of St. Clair Kitchell Lemon Linley Loudon McClure Manly Mr. Miller Motfett Morris Nich.ls Northcott Pace Pratt Bobbins Robinson Roman Those voting in the negative, are, Mr. Adamt Akin Anderson Brookman Butler Crain Caldwell Carter F. S. Casey Z. Casey Cross of Winnebago Church Davis of McLean Davis of Massac Dawson D.eitz Dummer Dunsmore Edwards ofSangamon Farwell Grimshaw Harper Hay Mr. Heacock Holmes Hurlbut James Judd Knapp of Jersey Knapp of Scott Kreider Kenner Kinney of Bureau Knox Lander Lasater Lockwood Logan McCallen McCully Markley Marshall ot Coles Mason Mieure Oliver Pa liner of Marshall Mr. Sharpe Shields Simpson Shumway Thornton Tutt Webber Witt Woodson Worcester. Mr. Pinckney Rives Rountree Scates Stadden Swan Spencer Sherman Servant Sibley Sim Smith of Oallatin Smith of Macon Thomas Thompson Turnbull Turner Tuttle Vance Vernor West William* Whiteside Whitney. Mr. Logan moved* to amend the report of the committee on Incor- porations, by adding thereto the following: SEC. 4. No corporation for banking purposes shall be permitted to issue bank notes to an amount exceeding: three-fourths the amount of the capital stock actually paid in. SEC. 5. No such corporation shall be permitted to issue any bank notes, unless the same shall have been first countersigned and registered by the treasurer of this state. SEC. 6. No such notes shall be issued until such corporation shall deposit with the treasurer the amount of such notes in stock of the United States, or of such of the states as shall for three years next preceding have paid the interest on their bonds; Provided, that the bonds of this state may be received as such deposit at such proportion of their nominal value as the interest paid by the state on such bonds, for the three years immediately preceding such deposit, may bear to six per cent. SEC. 7. No bank shall be permitted to issue any paper until one-third of the capital stock of said bank shall be paid in, in specie. SEC. 8. In case of insolvency of any bank the bill holders shall be en- titled to priority in payment. SE;!. 9. Non-payment of specie shall in all cases l-e a forfeiture of the charter, and the legislature shall have no power to remit said forfeiture. 252 JOURNAL OF THE CONVENTION. [August 5, Those voting in the affirmative, are, SEC. 10. No bank shall be established with a less capital than one hundred and fifty thousand dollars, nor with a greater capital than six hundred thousand dollars. Mr. Gregg moved to amend the amendment by adding thereto the fol- lowing: **SEC. . No act of the general assembly authorizing corporations or associations with banking powers, in pursuance of the foregoing provisions, shall go into effect, or in any manner be in force, unless the same shall be submitted to the people at the general election next succeeding the pas- sage of the same, and be approved by a majority of all the votes cast at such election. Mr. Thomas moved to lay the amendment to the amendment on the table. The question was taken, by yeas and nays, And decided in the negative, j *$ avt ? gg Mr. Rives Swan Spencer Servant Sibley Smith of Macon Thomas Turn bull Turner Tuttle West Williams Whitney Wood son Worcester. Hogue James Knapp of Scott Kreider Kinney of St. Clair Kitchell Lasater Linley Louden McCallen Me Cully McClure Manly Markley Mofiett Morris Nichols Oliver Pace Palmer of Macoupin Palmer of Marshall Pratt Mr. Anderson Canady Cross of Winnebago Davis of McLean Dawson Deitz Durnraer Dunsinore Edwards of Madison Edwards of Sangamon Graham Geddes Harper Hay Holmes Hurlbut Mr. Judd Knapp of Jersey Kenner Kinney of Bureau Knox Lander Lemon Lock wood Logan Marshall of Coles Mason Mieure Miller Northcott Pinckney Those voting in the negative, are, Mr. Akin Allen Archer Armstrong Atherton Blair Blakely Brockman Bosbyshell Brown Bunsen Butler Grain Caldtvell Campbell of McDonough Carter F. S. Casey Z. Casey Choate Colby Cross of Woodford Cloud Church Churchill Davis of Montgomery Davis of Massac Dement Dun lap Dunn Eccles Edmonson Evey Farwell Green of Clay Green of Jo Daviess Gregg Grimshaw Harlan Harvey Hatch Hayes Heacock Henderson Hill August 5.] JOURNAL OF THE CONVENTION. 253 Mr. Bobbins Mr. Shields Mr. Thornton Robin?on Sherman Tutt Roman Sim Vance Rountree Simpson Webber Scates Smith of Gallatin Witt Sharpe Shumway Whites ide. Sladden Thompson Mr. Logan withdrew his proposed amendment. Mr. Dement moved to amend the report, as amended, by adding to it the proposition just withdrawn by Mr. Logan, including the addition pro- posed by Mr. Gregg. Mr. Weodson moved to amend the amendment by adding thereto the words "for or against said law." On motion of Mr. Allen, The rule was temporarily suspended, when he, from the committee on he Bill of Right", submitted the following report: 1. All men are by nature free and independent, and have certain natu- al and inalienable rights; among which, are those of enjoying and defen- ling life, liberty and reputation, acquiring, possessing and protecting pro- >erty, and of pursuing and obtaining safety and happiness. 2. All political power is inherent in the people, and government is in- itituted for the protection, security and benefit of the people, and they lave the right at all times to alter or reform the same, whenever the pub- ic good rrmy require it. 3. No person shall be deprived of the inestimable privilege of wor- shipping Almighty God in a manner agreeably to the dictates of his own conscience; nor under any pretence whatever be compelled to attend any place of worship contrary to his faith and judgment; nor shall any person be obliged to pay tithes, taxes, or other rates, for building or re- pairing any church or churches, place or places of worship, or for the main- :enance of any miniateror ministry contrary to what he believes to be right, or has deliberately and voluntarily engaged to perform. 4. There shall be no establishment of one religious sect in preference to another. No religious test shall be required as a qualification for any office or public trust, and no person shall be denied the enjoyment of any civil right, merely on account of his religious principles. 5. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; no law shall be passed to restrain or abridge the liberty of speech or the press; in all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and the jury shall have the right to determine the law and the fact, under the instructions of the courf, as in other cases. 6. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be viola- ted; and no warrant shall issue but upon probable cause, supported by oath | or affirmation, and particularly describing the place to be searched, and the papers and things to be seized. 7. The right of trial by jury shall remain inviolate. 8. The legislature shall not pass any ex post facto law, or law impair- ing the obligation of contracts, or depriving a party ol any remedy for enforcing a contract which existed when the constitution was made* 254 JOURNAL OF THE CONVENTION. [August 5, 9. That in all criminal prosecutions the accused hath a right to be heard by himself and counsel, to demand the nature and cause of accu- sation against him; to meet the witnesses face to face; to have compul- sory process to compel the attendance of witnesses in his favor, and in prosecution by indictment or information, a speedy public tiial by an im- partial jury of the county or district, wherein the offence shall have beer committed, which county or district shall have been previously ascertain- ed by law, and that, he shall not be compelled to give evidence against himself. 10. No person shall be held Jo answer for a criminal offence, unless on the presentment or indictment of a grand jury, except in cases of im- peachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia, when in actual service in time o( war or public danger. 11. No person shall, after acquittal, be again tried for the same of- fence. All persons shall, before conviction, be bailable by sufficient sure- ties, except for capital offences, where the proof is evident or presump- tion great. 12. The privilege of the writ of habeas corpus shall not be suspended unless in cases of rebellion or invasion, the public safety may requite it, 13. The military shall be in strict subordination to the civil power. 14. No soldier shall, in time of peace, be quartered in any house will out the consent of the owner, nor in time of war except in a manner pre scribed by law. 15. Treason against the state shall consist in levying war against it, o in adhering to its enemies, giving them aid and comfort. No person sha be convicted of treason unless on the testimony of two witnesses to th same overt act, or on confession in open court. 1(5. Excessive bail shall not be required, excessive fines shall not b imposed, and cruel and unreasonable punishments shall not be inflicted. 17. Private property shall not betaken for public use without jus compensation, the value and amount to be assessed and determined i such manner as shall be prescribed by law. 18. No person shall be imprisoned for debt in any action, or on judgment founded upon contract, unless in cases of fraud, or upon his re fusal to deliver up his estate for the benefit of his creditors, in such manne as shall be prescribed by lew. 19. L\o person shall be transported out of the state for any offence committed within the same. 20. The people have the right freely to assemble together, to consul for the common good, to make known their opinions to their representa lives, and to petition for redress of grievances. 21. There shall be neither slavery nor involuntary servitude in thi: state, only as a punishment for crime, whereof the party shall have beer duly convicted. 22. All elections in this state shall be free and equal to every persoi whom this constitution shall declare to be entitled to exercise the clec tive franchise. 23. No law shall be passed granting any divorce otherwise than by du< judicial proceedings. August 5.] JOURNAL OF THE CONVENTION. 255 24. No freeman shall be imprisoned or disseized of his freehold, Uber- ies or privileges, or outlawed or exiled, or in any manner be deprived >f his life, liberty or property but by the judgment of his peers, or the aw of the land. 25. No person bound to labor in any other state, shall be hired to labor n this state. 26. No bill of attainder shall be passed. 27. The legislature shall at its first session under the amended consti- .ution, pass such laws as will effectually prohibit free persons of color fro, n emigrating to, and settling in this stale; and to effectually prevent he owners of slaves, or any other person, from the introduction of slaves nto this state for the purpose of setting them free, 23. Any person who shall, after the adoption of this constitution, fight a duel, or send or accept a challenge for that purpose, or be aider or abetter in fighting a duel, shall be deprived of the right of holding any ffice of honor or profit in this state, and shall be punished otherwise in uch manner as is or may be prescribed law. 29. That a frequent recurrence to the fundamental principles of gov- ernment is absolutely necessary to preserve the blessings of liberty. The reading was dispensed wiih, and On motion of Mr. Thomas, The report was laid on the table, and 250 copies ordered to be printed or the use of the convention. On motion, The convention adjourned until 3 o'clock, p. M. THREE O'CLOCK, p. IT. The convention met pursuant to adjournment. The question pending when the convention adjourned this morning, was on the amendment proposed by Mr. Woodson to the amendment of- fered by Mr. Dement. Mr. Dement modified the amendment offered by him this morning by nserting the following as section 11: "SEC. 11. The stockholders in every corporation and joint stock as- sociation for banking purposes, issuing bank notes or any kind of paper redits to circulate as money, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation :>r association, for all its debts and liabilities ot every kind." The question was then taken, by yeas and nays, on amending the imendment as proposed by Mr. Woodson, And decided in the affirmative, lr"y ^ ^X Those voting in the affirmative, are, ;Afr. Adams Mr. Brown Mr^Cross of Winnebago Anderson Canady Church Armstrong Colby Churchill Blakely Constable Davis of McLean JOURNAL OF THE CONVENTION. [August 5. Mr. Dawson Deitz Dummer Dunlap Dunn Dunsmore Edwards of Madison Edwards of Sangamon Eccles Edmonson Evey Graham Geddes Green of Clay Grimshaw Harlan Harper Harvey Hay Heacock Hill Hogue Hurl but Mr. Judd Knapp of Jersey Knapp of Scott Kenner Kinneyof Bureau Kitchell Knovvlton Knox Lander Lemon Lockwood Logan Loudon Marshall of Colea Mason Mieure Miller Moffett Northcott Palmer of Marshall Peters Pinckney Rives Those voting in the negative, are, Mr. Akin Allen Archer Atherton Blair Brockman Bond Bosbyshell Bunsen Butler Grain Caldwell Campbell of McDonough Carter F. S. Casey Z. Casey Choate Cross of Woodford Cloud Mr. Davis;of Montgomery Davis of Massac Dement Farwell Green of Jo Daviess Hatch Hayes Henderson Hoes James Kreider Kinney of St. Clair Lasater Linley McCallen McCully McClure Manly Mr. Robbina Swan Shields Spencer Sherman Servant Sibley Singleton Smith of Macon Thomas Thornton Turnbull Tomer Tuttle Vance Webber West Williams Witt Whitney Woodson Worcester. Mr. Markley Morris Nichols Oliver Pace Palmer of Macoupin Pratt Robinson Roman Rountree Scates Sharpe Stadden Sim Simpson Smith of Gallatin Shumway Thompson Whiteside. Mr. Hayes moved to amend the amendment by adding thereto the fol lowing as an additional section: "Sec. . No banking powers or privileges shall be renewed, exten- ded, created or exercised within this state; Provided, that the above sec tion shall be submitted to the people separately at the same time with the new constitution, and if a majority of the people voting upon that ques- tion shall be in favor of the same, it shall be a permanent provision of the constitution, and exclude the operations of any other provisions to the| contrary in this constitution." On motion of Mr. Adams, The previous question was ordered. Tha question was taken, by yeas and nays, on amending the amend<- merit, by adding the proposed additional section, And decided in the negative, August 5.] JOURNAL OF THE CONVENTION. 257 Those voting in the affirmative, are, Mr. Akin Mr. Davis of Montgomery Oliver Allen Davis of Massac Pace Archer Dement Palmer of Macoupin Armstrong Far well Pratt Atherton Green of Jo Daviess Robinson Blair Gregg Roman Brockman Hayes Rountree Bosbyshell Henderson Scates Brown Hill Stadden Bunsen Hoes Shields Butler Hoguc Sim Grain' James Simpson Caldwell Kreider Smith of Gallatin Campbell of McDonougb Kinney of St. Clair Thompson Carter Lasater Tutt F. S. Casey Linley West Z. Casey McCully Williams Colby Markley Witt Constable Morfett Whiteside Cross of V\ oodford Morris Worcester. Cloud Nicholtf Those voting in the negative, are, Mr. Adams Mr. Harvey Mr. Miller Anderson Hatch Northcott Blakely Hay Palmer of Marshall Canady Heacock Peters Choate Holmes Pinckney Cross of Winnebago Hurlbut Rives Church Judd Robbins Churchill Knapp of Jersey Sharpe Davis of McLeafi Knapp of Scott Swan Dawson Kenner Spencer Deitz Kinney of Bureau Sherman Dummer Kitchell Servant Dunlap Kuowlton Sibley Dunn Knox Singleton Dunsmore Lander Smith of Macon Edwards of Madison Lemon Shumway Edwards of Sangamon Lockwood Thomas Ecclcs Logan Thornton Edmonson Loudon Turnbull Evey McCallen Turner Graham McClure Tuttl Geddes Manly Vance Green of Clay Marshall of Coles Webber Grimshaw Mason Whitney Harlan Mieure Woodson. Harper Mr. Dement called for a division, so as to vote first on inserting the liith section; which was agreed to by the convention. The question was taken, by yeas and nays, on inserting the 12th flection, And decided in the affirmative, ^ 6a9> ...... 12 1 (Nays, ..... 9 17 258 JOURNAL OF THE CONVENTION. [August 5, Those voting in the affirmative, are, Mr. Adams Mr. Geddes Mr. Morris Akin Green of Clay .Nichols Allen Green of Jo Daviess Northcott Anderson Gregg Oliver Archer Grimshaw Pace Armstrong Atherton Harlan Harper Palmer of Maeoupin Palmer of Marshall Blakely Harvey Pratt Brockman Hatch Peters Bosbyshell Hay Pinckney Brown Hayes Rives Bunaen Heacock Bobbins Grain Henderson Robinson Canady Hill Roman Caldwell Hoea Rountree Campbell of McDonough Hogae Scates Carter Hurlbut Sharpe F. S. Casey Judd Stadden Z. Casey Knapp of Jersey Swan Choate Knapp of Scott Shields Colby Kreider Spencer Constable Kenner Sherman Cross of Winnebag Kinney of Bareaa Servant Cloud Kinney of St. Claxr Sibley Church Kitchell Sim Churchill Knowlton Simpson Davis of Montgomery Knox Smith of Gallatiii Davis of McLean Lander Smith of Macoft Davis of Massac Lasater Shumway Dawson Lemon Thomas Deitz Linley Thompson Dement Logan Thornton Bummer Loudon Turner Dunlap McCallen Tutt Dunn McCully Tuttle Dunsmoie McClure Webber Edwards of Madison Manly West Edwards of Sangamon Markley Williams Eccles Marshall ot Coles Witt Edrnonson Mason Whiteside Evey Mieure Whitney Farweli Miller Woodsou Graham Moffett Worcester,, Those voting in the negative, are, Mr. Blair Mr. Holmes Mr. Sirideton Butler James Tornbull Cross of Woodford Lockwood Vance. Mr. Palmer of Macoupin called for a division, so as to vote first on in- serting the |1 1th section of the amendment; which was agreed to by the convention. The question was then taken, by yeas and nays, on inserting the llth tection of the amendment, ~ . (Yeas 107 And cecidedin the affirmative, ^^ 30 August 5.] JOURNAL OF THE CONVENTION. 259 Those voting in the affirmative, are. Mr. Adams Mr. Graham Mr. Pace Akin Green of Jo Daviesa Palmer of Macoupin Allen Gregg Pratt Anderson Grimshaw Peters Archer Harlan Pinckney Armstrong Harper Rives Atherton Harvey Robbirts Blair Hatch Robinson Blakely Hayes Roman Brock man Heacock Rountree Bosbyshell Henderson Scates a Brown Hill Sharpe Bunsen Hoes Stadden Butler Hogue Shields Crain Knapp of Scott Spencer Campbell of McDonough Kreider Sherman Carter Kenner Sibley F. S. Casey Kinney of St. Clair Sim Z. Casey Kitchell Simpson Choate Knox Smith of Gallatitt Colby Lasater Smith of Macon Constable Linley Shumway Cross of Woodford Loudon Thomas Cloud McCallenJ Thompson Church Me Cully Thornton Churchill McClure Turner Davis of Montgomery Manly Tutt Davis'of Massac Markley Tuttle Deitz Marshall of Coles Webber Dement Mieure West Dunlap Miller Witt Dunn Moffett Whiteside Dunsmore Morris Whitney Edmonson Nichols Woodson Evey Oliver Worcester* Farwell Those voting in the negative, are, Mr. Canady Mr. Holmes Mr. Logan ' Cross of Winnebago Hurlbut Mason Davis of McLean James Northcott Dawson Judd Palmer of Marshall Dummer Knapp of Jersey Swan Edwards of Madison Kinney of Bureau Servant Edwards of Sangamon Knowlton Singleton Eccles Lander Turnbull '** Geddes Lemon Vance Hay Lockwood Williams. The question was then taken, by yeas and nays, on inserting the fourth, fiith, sixth, seventh, eighth, ninth, and tenth sections of the amend - ment, And decided in the negative, j Tu 6 ^" 35 . 100 260 JOURNAL OF THE CONVENTION. [August 6. Those voting in the affirmative, are, Mr. Armstrong Mr. Edwards of Sangamon Mr. Mieure Biown Graham Moffett Colby Geddes Stadden Cross of Winnebago Harfan Spencer Church Heacock Sherman Churchill Hill Tuttle Davis of McLean Hurlbut Webber Dement Judd Witt Dummer Kenner Whitney Dunlap Knox Woodson Dunsmore Logan Worcester. Edwards of Madison Marshall of Coles Those voting in the negative, are, Mr. Adams Mr. Grimshaw Mr. Oliver Akin Harper Pace Allen Harvey Palmer of Macoupin Anderson Hatch Palmer of Marshall Archer Hay Pratt Atherton Hayes Peters Blair Henderson! Pinckney Blakely Hoes Rives Brockman Hogue Bobbins BosbysheH James Robinson Bunsen Knapp of Jersey Roman Butler Knapp of Scott Rountree Crain Kreider Scates Canady Caldwell Kinney of Bureau Kinney of St. Clair Sharpe Swan Campbell of McDonough Kitchell Carter Rnowlton Shields Servant F. S. Casey Lander Sibley Zadok Casey Lasater Sim Choate Lemon Simpson Constable Cross of Woodford Linley Lockwood Singleton Smith of Gallatin Cloud London Smith of Macon Davis of Montgomery Davis of Massac McCallen McCully, Shumway Thomas Daw son McClure Thompson Deitz Manly Thornton Dunn Markley Turnbull Eccles Mason Turner Eumonson Miller Vance Evey Morris West Farwell Nichols Williams Green of Jo Daviess Korthcott Whiteside. Gregg On motion, The convention adjourned. FRIDAY, AUGUST 6, 1847. The convention assembled pursuant to adjournment. The journal of yesterday was read. The question pending when the convention adjourned on yesterday was on the adoption of the report of the committee on Incorporations, as amended. August 6.] JOURNAL OF THE CONVENTION. On motion of Mr. Edwards of Sang.-imon, The previous question was ordered, < XT e , ' / i> a v s, 65 56 Those voting in the affirmative, are, Mr. Adams Anderson Blair Canady Constable Cross of Winnebago Church Churchill Davis of McLean Dawson Dummer Dtmlap Dunn Edwards of Madison Edwards of Sanganaon Eccles Edmonson Evey Graham Geddes Green of Jo Daviess Harlan Mr. Harper Harvey Hogue Hurlbut Judd Knapp of Jersey Knapp of Scott Kenner Kinney of Bureau Knowlton Lemon Lockwood Loudon McCallen Manly Marshall of Cols Marshall of Mason Mason Mieure Miller Moffett Northcott Those voting in the negative, are, Mr. Akin Allerf Armstrong Atherton Blakely Brock man Bunsen Butler Grain Caldwell Campbell of McDonough Carter F. S. Casey Z. Casey Choate Colby Cross of Woodford Cloud Davis of Massac Mr, Dement Dunsrnore Farwell Gregg Hayes Henderson Hill Hoes Holmes James Kinney of St. Clair Knox Lander Lasater Lin ley McCully McClure Markley Morris Mr. Palmer of Marshall Pinckney Rives Robinson Rountree Swan Shields Spencer Sherman Sibley Smith off Mac on Thomas Thornton Turnbull Tutt Vance West Witt Whitney Woodson Worcester, Mr. Nichols Oliver Pace Palmer of Macoupin Pratt Robbins Roman Scates Stadden Sim Simpson Singleton Smith of Gallatia Shumway Thompson Webber Williams Whiteside. Mr. Scates called for a division, so as to vote first on the adoption of the last section. The question was taken, and the convention refused to second the call. The question w?u taken, by yeas and nays, on the adoption of the ar- ticle, as amended, And decided in the affirmative, ' M (Nays, 86 JOURNAL OF THE CONVENTION. [August 6. Those voting in the affirmative, are, Mr. Adams Anderson Armstrong Blair Blakely Canady Choate Colby Constable Cross of Winnebago Cloud Church $3 Churchill Davis of McLean Dawson Deitz Dement Dumraer Dunlap Dunn Dunsmore Edwards of Madison Edwards of Sangamon Eccles Edmonson Evey Graham Geddes Green of Jo Dariess Mr. Harlan Harper Harvey Hatch Hay Hogue Holmes Hurl but Judd Knapp of Jersey Knapp of Scott Kenner Kinney of Bureau Knowlton Knox Lander Lemon Lock wood Logan Loudon McCallen McClure Manly Marshall of Coles Marshall of Mason Mason Mieure Miller Moffett Those voting in the negative, are, Mr. Akin Allen Atherton Broekman Bond Bosbyshell Bunsen Butler Grain Caldwell Campbell of McDonough Carter F. S. Casey Z. Casey Cross of Woodford Mr. Davis of Massac Gregg Hayes Henderson Hill Hoes James Kreider Kinney of St. Clair Lasater Linley McCully Mark ley Oliver Pace Mr. Morris Nichols Northcott Palmer of Marshal! Pinckney Rives Bobbins Robinson Sharpe Swan Shields Spencer Sherman Servant Sibley Smith of Macon Shumway Thomas Thornton Turnbull Turner Tutt Vance Webber West Whitney Woodson Worcester. Mr. Palmer of Mao? upin Pratt Peters Roman Rountree Scates Stadden Sim Simpson Singleton SmFth of Gallatin Thompson Williams Witt Whiteside. On motion of Mr. Servant, The article was referred to the committee on the Adjustment and Re- vision of the Articles of the Constitution. On motion of Mr. Z. Casey, The rules were dispensed with, and the report of the committee on the Legislative Department, as amended in committee of the whole, was ta- ken from the table. On motion of Mr. Witt, Ordered, That the report be considered by sections. The question was taken on the adoption of the first section, and deci- ded in the affirmative. August 6.] JOURNAL OF THE CONVENTION. 263 On motion of Mr. Adams, The second section was amended by inserting after the word "on," in first line, and after the word " on," in the third line, the words the Tuesday next after." Mr. Thomas moved to amend the same section by inserting after the word ' thereafter," the words " until otherwise provided by law." The question was taken, and the amendment rejected. The question was taken on the adoption of the section, and decided ia the affirmative. Mr. Markley moved to amend the third section by striking out ihe Word "five," arid by inserting in lieu thereof the word "one." A division of the question being called for, The question was taken, by yeas and nays, on striking out, And decided in the negative. Marshall of Coles Dunsmore Marsha'l of Mason Edwards of Madison Mason Edwards of Sangamon Mieure Edmonson Miller Evey Moffett Graham Morris Geddes Nichols- Harlan Northcotl Harper Pace Those voting in the negative, are, Mr. Akin Mr. Cloud Allen Anderson Armstrong Brocktnan Bunsen Butler Crain Caldwell Carter F. S. Casey Crass of Woodford Church Davis of Massac Eccles Green of Jo Daviess Hatch Hajes Henderson Hoes James Kreider Lasater Mr. Palmer of Macoupis Palmer of Marshall Peters Pinckney Rives Robinson Roman Rountree Sharpe Spencer Sherman Servant Sibley Sim Simpson Singleton Smith of Macors Thomas Thompson Thornton Turnbull Turner Tuttle Vance Webber West Williams Witt Whitney Woodson- Worcester, Mr. Me Cully McClure Markley Oliver Pratt Robbing Scates Stadden Shields Shumway Whiteside, August (3.] JOURNAL OF THE CONVENTION. 265 The question was taken on the adoption of the section, as amended, and decided in the affirmative. Mr. Markley moved to amend the fourth section by striking out th word "thirty," and by inserting in lieu thereof the words "twenty-five." The question was taken, and the amendment rejected. Mr. Scates called ior a division, so as to vote first on concurring in the first amendment of the committee of the whole; which are the words I 1 ' and an inhabitant of ihis state," after the first words " United States." The question was so taken, and decided in the affirmative. The question was taken, by yeas and nays, on concurring in the amend- nent made by the committee of the whole, on inserting the words ** five ears in the state, and," after the word " resided," in the third line, And decided in the affirmative' ( Nays, 89 40 Those voting in the affirmative, are, Kr. Adams Atherton Blair Blakely Bond Canady Campbell of McDonough Z. Casey Choate Colby Constable Cross of Winnebago Church Churchill Davis of McLean Dawson Deitz Dement I)ummer Dunlap Dunn Dunsrnore Edwards of Madison Edwards of Sangamon Edmonson Evey Graham Geddes Harlan Harper Mr. Hay Heacock Hill Hogue Hurlbut Knappof Jersey Knapp of Scott Kenner Kinneyof Bureau Kitchell Knowlton Knox Lander Lemon Linley, Lockwood Logan Loudon McCallen' Marshall of Coles Marshall of Mason Mieurej Miller Moffett Nichols Northcott Palmer of Macoupin Palmer of Marshall Peters Pinckney Those who voted in the negative, are, Cr. Akin Allen Anderson Armstrong Brockman Bosbyshell Brown Bunsen Butler Mr. Grain Caldwell Carter F. S. Casey Cross of Woodford Cloud Davis of Massac Eccles Green of Jo Daviess Mr. Rives Robbins Robinson Roman Rountree Sharpe Swan Shields Spencer Sherman Servant Sibley Sim Simpson Singleton Smith of Macon Thomas Thompson Thornton Turnbull Turner Tuttle Vance Webber West Witt Whitney Woodson Worcester. Mr. Gregg Hatch Hayes Henderson Hoes James Judd Kreider Lasater 266 JOURNAL OF THE CONVENTION, [August Mr. McCully AlcClure Manly Markley Morris Mr. Oliver Pace Pratt Scales Mr. Stadden Shuuiway Tutt Whiteside. The question was taken on the adoption of the fourth section, as amen ed, and decided in the affirmative. Mr. Hay moved to amend the fifth section by striking out the we "forever." The question was taken, and the amendment rejected. The question was taken on the adoption of the fifth section, and de ded in the affirmative. Mr. Scates called for a division, so as to vote separately on concurri with the committee of the whole in striking out the words "never to increased or diminished," in the sixth section, and by inserting in lieu the; of the words " until the population of the state shall amount to one m lion of souls, when five members may be added to the house," J a s ' 'hose voting in the affirmative, are, 85 48 Adams Anderson Atherton Blair I Butler 'Caldwell Campbell of McDonough iChoate 'Colby Cross of Winnebago Cross of Woodford Mr. Cloud Church Churchill Davis of McLean Davis of Massac Dawson Deitz Duinmer Dunn Dunsmore Edwards of Madison Mr. Eccles Edmonson Graham Geddes Green of Jo Daviess Gregg Harper Harvey Hatch Hay Hayes 268 JOURNAL OF THE CONVENTION. [Augu* Mr. Heacock Henderson Hill Holmes James Knapp of Jersey Kenner Kinney of Bureau Kitchell Kn owl ton KnoK Lander Lemon Linley Lockwood Logan London McCallen Mr. McCully McClure Marshall of Mason Mason Mieure Moffett Morris Northcott Palmer of Marshall Pratt Peters Pinckney Rives Robbing Robinson Rountree Sharpe Stadden Those voting in the negative, are, Mr. Akin Allen Armstrong Blakely Broekman Bond Bosbyshell Brown Bunsen Grain Canady Carter" F. S. Casey Z. Casey Constable Dement Mr. Dunlap Edwards of Sangamon Evey Farwell Harlan Hoes Hogue Hurlbut Judd Knapp of Scott Kreider Kinney of St. Clair Lasater Manly Markley Marshall ot Coles Mr. Swan Shields Spencer Sherman Servant Sibley Singleton Smith of Macon Thomas Turnbull Turner Tuttle West Williams Witt Whiteside Woodson. Mr. Miller Nichols Oliver Pace Palmer of Macoupin Roman Scates Sim Simpson Smith of Gallatin Shumway Thornton Vance Webber Whitney Worcester. The question was then taken on concurring with the committee of whole in striking out the words "as herein provided for," and by ins in^iii lieu thereof the words l< in all future apportionments," &c., decided in the affirmative. Mr. McCailen moved to amend the sixth section hy striking out words *' twenty-five," and by inserting in lieu thereof the word "twenl and by striking out the words "seventy-five," and inserting in lieu th< of the word "eighty." Mr. Shumway called fora division, so as to vote first on striking the word " twenty-five," and inserting in lieu thereof the word "tweni The question was taken, and decided in the negative. The question was then taken on striking out the words " seventy-rn and inserting in lieu thereof the words u eighty," and decided in the i ative. On motion of Mr. Whiteside, The further consideration of the sixth section was postponed until n Monday. rust 6.] JOURNAL OF THE CONVENTION. 209 f r. Dawson moved to amend the seventh section by striking out the d "Monday," and inserting in lieu thereof the word "Tuesday." Mie question was taken, and the amendment rejected. [r. Thomas moved to amend the same section by striking out the d "January," and inserting in lieu thereof the word "December." 'he question was taken, and the amendment rejected, [r. Whiteside moved to amend the same section by striking out the d "January," in the third line, and by inserting in lieu thereof the word gust." he question was taken, and the amendment rejected, he question was taken on the adoption of the seventh section, and de- Id in the affirmative, he question was taken on the adoption of the eighth section, and de- in the affirmative. . Roman moved to amend the ninth section by striking out the word ," and inserting in lieu thereof the word "five." division being called for on striking out, e question was so taken, and decided in the negative. e question was taken on the adoption of the ninth section, and deci- n the affirmative. e question was taken on the adoption of the tenth section, and deci- i the affirmative. On motion of Mr. Thomas, e eleventh section was amended by striking out the last three words, y inserting in lieu thereof the words "on the question.' e question was taken on the adoption of the eleventh section, and ed in the affirmative. e question was taken consecutively on the adoption of the 12th, 13th, and 15th sections, and decided in the affirmative. On motion of Mr. Thornton, e 16th section was amended by striking out the two last words, and ting in lieu thereof the words " each house." e question was taken on the adoption of the 16th section, as amend- nd decided in the affirmative. On motion of Mr. Thomas, e 17th section was struck out, and the following inserted in lieu of: ills making appropriations for the pay of the members and officers of eneral assembly, and for the salaries of the officers of the govern- , as fixed by the constitution, shall not contain any provision on any subject. ie question was taken on the adoption of the 17th section, as amend* nd decided in the affirmative. On motion of Mr. Manly, ave of absence was granted to Mr. Archer for eight days. On motion of Mr. Pinckney, ave of nbsence was granted to Mr. Grimshaw for eight days. On motion of Mr. Peters, JOURNAL OF THE CONVENTION. [August Leave of absence was granted to Mr. Kinney of Bureau for seven da On motion, The convention adjourned until three o'clock, p. BI. THREE O'CLOCK, r. M, The convention met pursuant to adjournment. On motion of Mr. Thomas, Leave of absence was granted to Mr. Dummer for seven days. The convention resumed the consideration of the report of the cc mittee on the Legislative Department, as amended in committee of whole. ' Mr. Shumway moved to amend the amendment made by the comn tee of the whole to the 18th section, by adding thereto the words " cept appropriations making payment to members and officers of the g eral assembly and officers of the state government." The question was taken, by yeas and nays, And decided in the affirmative, JYeas, (Nays, Those voting in the affirmative, are, Mr. Adams Anderson Armstrong Atherton Blair Brown Bunsen Canady Campbell of McDonough F. S. Casey Choate Constable Cross of Woodford Cloud Church Churchill Davis of McLean Dunlap Dunsmore Edmonson Evey Farwell Graham Geddes Green of Clay f-?r Green of Jo Daviess Harper Mr. Hatch Hoes Hogue Holmes James Judd Knapp of Jersey Kreider Kitchell Knox Lasater Lemon Linley Lockwood McCallen McCully McClure Manly Markley Marshall of Mason Mason Mieure Moffet Nichols Pace Palmer of Macouptn Palmer of Marshall Mr. Pratt Peters Pinckney Rives Roman Rountree Scates Sharpe Stadden Swan Shields Sherman Servant Sibley Sim Simpson Singleton Smith of Macon Shumway Tuttle ' Webber Williams Witt Whiteside Whitney Woodson. tgust 6.] JOURNAL OF THE CONVENTION. Those voting in the negative, are, Akin Allen Bond Caldwell Carter Z Casey Colby Cross of Winnebago Davis of Massac Dawson Deitz Dunn Edwards of Sangamon Mr. Eccles Gregg Harlan Harvey Hay Hill Hurlbut Knapp of Scott Kenner Knowlton Lander Logan Miller Mr. Morris Oliver Robbins Robinson Spencer Smith of Gallatin Thomas Thornton Turnbull Turner Tutt Vance. On motion of Mr. Peters, 'he amendment made by the committee of the whole, as amended, further amended by striking out all after the word " direct." 'he question was taken on concurring with the committee of the whole the amendment made to the 18th section, as amended by the conven- n, and decided in the affirmative. (Mr. Sim moved to amend the 18th section, as amended, by striking out of the fourth and fifth lines after the word "houses," and insert in lieu reof the words "no law passed by the legislature shall contain matter |eign to that expressed in the title thereof.'* he question was taken, and the amendment rejected. /Ir. Kenner moved to amend the same section, as amended, by striking the words "private or local." |The question was taken, and the amendment rejected. [The question was taken on the adoption of the 18th section, as amend- and decided in the affirmative. he question was taken on the adoption of the 19th section, and deci- in the affirmative. " 'Mr. Lockwood moved to amend the amendment, made by the commit- p of the whole to the 20th section, by striking out the word "one," and inserting in lieu thereof the word u two." division of the question being called for, he question was taken, by yeas and nays, on striking out, Mr. Edmonson Mr. Nichols Allen Evey Northcott Atherton Graham Oliver Blair Gede'es Pace Blakely Harlan Palmer of Macoupins Brockmati , Harvey Peters Bond Hayes Riveg Butler Hogue Robbins Grain James Robinson Caldwell Kreider Rountree Campbell of McDonough Carter Kenner Kitchell Scates Shields F. S. Casey Knowlton Spencer Z. Casey Knox Sim Colby Lasater Simpson Constable Lemon Smith of Gallatin Cross of Wood-ford Linl'ey Shumway Davis of Massac Loudon Thornton Dawson McCully Tutt Dement Manly Vance Dunn Mark'ley Williams Dunsmore Marshall of Coles Witt Edwards of Madison Miller Whiteside Edwards of Sangamon Moffet Woodson. Eccles Morris Mr. Pratt moved to amend the same section by striking out the won " two, v and by inserting in lieu thereof the word "three." A division being called for. The question was taken, by yeas and nays, on striking out, (Yeas And decided in the negative, j^ a ' Those voting in the affirmative, are, 85 Mr. Adams Anderson Armstrong Brown Caiiady Colby Cross of Winnebago Cloud Church Churchill Mr. Davis of Massac Dement Dunlap Du n n Green of Jo Daviess Gregg Haroer Hatch Hay Hajes Mr. Heacock Henderson Hill Holmes Hurl but Knapp of Jersey Kenner Kinney of Bureau Lockwood McCallen August 6.] JOURNAL OF THE CONVENTION. 275 Mfr. McClure Marshall of Mason Mason Miller ^ Northcott Palmer of Macoupin Mr. Pratt Pinckuey Roman Sharpe Swan Sherman Those voting in the negative, are, Mr. Akin Allen Atherton Blair Blakely Brockman Bond Bosbyshell Bunsen Butler Grain Cal dwell Campbell of McDonough Carter F. S. Casey Z. Casey Choate Constable Cross of Woodford Davis of McLean Dawson Deitz Dunsjiore Edwards of Madison Edvvards of Sangamon Eccles Edmonson Evey Graham Mr. Geddes Green of Clay Harlan Harvey Hoes Hogue James Judd Knapp of Scott Kreider Kitchell Knowlton Knox Lander Lasater Lemon Lin ley Logan London McCully Manly Marldey Marshall of Coles Mieure Motfett Morris Nichols Oliver Mr. Servant Sibley Thomas Turnbull Webber Whitney. Mr. Pace Palmer of Marshall Peters , Rives Robbins Robinson Ro an tree Scates Stadden Shields Spencer Sim Simpson Singleton Smith of Gallatin Smith of Macon Shu m way Thornton Turner Tutt Tuttle Vance West Williams Witt Whiteside Woodson Worcester. Mr. Singleton ftiovecl to amend the 20th section by striking out all after e words " per day,"' in the first iine, to the first word " for," in the se- >nd line, together with the word "thereafter," in the second line. The question was taken, by yeas and nays, on the amendment, And decided in the negative, < y. /' 52 77 Those voting in the affirmative, are, r. Adams Mr. Davis of McLean Mr. Henderson Anderson Dav^ of Massac Hill Armstrong Deitz Hoes Blair Dunlap Holmes Brockman Dunn Hurlbut Bond Dunsmore Judd Brown Geddes Knapp of Jersey Colby Green of Jo Daviess Kinney of Bureau Cross of Winnebago Cloud Church Gregg Harper Hatch Lander Lockwood] McCallen Churchill Heacock McClure 47C JOURNAL OF THE CONVENTION. \August 6. Mr. Marshall of Mason Mason' Pratt Pinckney Roman Sharpe Mr. Sladden Swan Sherman Servant Sibley Those voting in the negative, are, Mr. Singleton Thomas Turnbull Webber Whitney. Mr. Akin Allen Atherton Blakely Bosbyshell Bunsen Butler Grain Canady Caldwell Campbell of McDonough Carter F. S. Casey Z. Casey Choate Constable Cross of Woodford Dawson Dement Edwards of Madison Edwards of Sangamon Eccles Edmonson Evey hall be limited to forty-two days, and the compensation of the members shall be two dollars per day for each day's attendance, and ten cents per mile for travelling in going to and returning from the seat of govern- ment." On motion of Mr. Akin, The motion was laid on the table. On motion of Mr. Adams, The previous question was ordered. The question was taken, by yeas and nays, on the adoption of the 2Qih section, as amended, And decided in the affirmative, M (l\ ay 93 35 August (>.] JOURNAL OF THE^CONVENTION. Those voting in the affirmative, are, 279 Mr. Adams Mr. Ecclea Mr. Nichols Akin Edmonsoa Northcott Allen Evey Oliver Atherton Graham Pace Blair Geddes Palmer of Marshall Blakely Green of Clay Peters Brock man Harlan Rives Bond Harper Robbins Bosbyshell Harvey Robinson Bunsen Hatch Rountree Butler Hayes Scates Crain Hogue Sharpe Caldwell James Shields Campbell of McDonough Judd Carter Knapp of Scott Spencer Servant P. S. Casey Kreider Sim Z. Casey Kenner Simpson Choate Kite hell Smith of Gallatin Constable Knovvlton Smith of Macon Cio-s of Winnebago Knox Shumway Cross of Woadford Las ate r Thornton Cloud Lemon Turner Davis of McLean Linley Tutt Davis of Massac Logan Tuttle Dawson Manly Webber Deitz Mark ley West Dement Marshall of Coles Williams Dunlap Marshall of Mason Witt Dunn Mieure Whiteside Dunsmore Moffett Woodson Edwards of Madison Morris Worcester. Edwards of Sangauion Those voting in the negative, are, Mr. Anderson Mr. Hoes Mr, Palmer of Macoupin Armstrong Holmes Pinckney Brown Hurl but Roman Canady Colby Knapp of Jersey Lander Stadden Swan Church Lockwood Sherman Churchill Loudon Sibley Green of Jo Daviess McCallen Singleton Gregg 'McCully Thomas Heacock McClure Turnbull Henderson Mason Vance Hill Miller Whitney. Mr. Vance offered the following as an additional section: "SEC. . After the year 1860 the general assembly may raise the per diem pay of members of the legislature to any sum not over three dol- lars per day." The question was taken, and the proposed section rejected. Mr. Robbins moved to amend the amendment made to the 21st section by inserting after the word "assembly," the words u nor be elected to any office of profit or trust in this state." The question was taken, and the amendment adopted. 280 JOURNAL OF THE CONVENTION. [August 7. Mr. Shields moved to amend the same amendment by inserting the word "due," after the word "sums," in the sixth line. The question was taken, and the amendment rejected. Mr. Thomas moved to amend the same amendment by striking out the words "shall have," in the fourth line, and by inserting in lieu thereof the words "be eligible to." The question was taken, and the amendment adopted. The question was taken on concurring with the committee of the whole, in the amendment made to the 2Jst section, as amended, and decided in the affirmative. The question was taken on the adoption of the 21st section, as amend- ed, and decided in the affirmative. The question was taken on concurring in the amendment made to the 22d section, by the committee of the whole, and decided in the affirma- tive. Mr. Akin moved that the 22d section be further amended by adding thereto the following: ' Nor shall any member of this contention be eligible to any office cre- ated by this constitution at the first election after its ratification.* 1 Mr. Edwards of Sangamon moved to amend the amendment by substi- tuting therefor th- following: "No person elected to the legislature shall receive any civil appoint- ment within this state, or to the senate of the United States, from the governor, the governor and senate, or from the legislature, during the term for which he shall have been elected; and all such appointments, and all such votes given for any such member, for any such office or appointments, shall be void." On motion, The convention adjourned. SATURDAY, AUGUST 7, 1847. "The convention met pursuant to adjournment. The journal of yesterday was read. On motion of Mr. West, The rules were suspended, when he offered the following preamble and resolutions; which were unanimously adopted: Whereas, we have just learned, with deep and poignant regret, the death of Captain Franklin Niles, of the 5th regiment of Illinois volunteers, which occurred on the 24th day of July last, whilst on his way to Mex- ico, in command of a company of volunteers from Madison county; therefore, Resolved, That we sincerely mourn and deeply regret the death of our fellow-citizen Capt. Franklin Niles, of the 5th regiment Illinois volunteers. Resohed 9 That, in the death of Capt. Niles, the volunteer army of the United States, has sustained the loss of a brave and accomplished officer; our state one of its noblest and deserving sons, the community one of it* August 7.] JOURNAL OF THE CONVENTION. 281 brightest ornaments, and his family and friends one who was endeared to them by every feeling and sentiment of love and esteem. Resolved, That we cordially sympathize with the 5th regiment Illinois volunteers, and the company under his command, and with the friends and family of the deceased, who, by this afflicting dispensation of Almighty God, have sustained a loss which neither the honors of the woild or the sympathies of friends can deprive of its bitterness. Resolved^ That the secretary furnish a copy of the above resolutions to the 5th regiment Illinois volunteers, and the family of the deceased. The question pending when the convention adjourned on yesterday, was upon the adoption of the substitute proposed by Mr. Edwards of Sanga- mon for the amendment offered by Mr. Akin to the 22d section of the report of the committee on the Legislative Department, as amended in committee of the whole. The question was taken, by yeas and nays, And decided in the affirmative, 90 29 Those voting in the affirmative, are, Mr. Adams .Anderson Bond Brown Bunsen Butler Cram Campbell of McDonough Choate Constable Cross of Winnebago"* Cross of Woodford Church Churchill Davis of McLean Dawson Deitz Dunsmore Edwards of Madison Edwards of Sangamon Ecclcs Edmonson Evey Graham Geddes Green of Clay Green of Jo Daviess Harlan Harper Harvey Mr. Hatch Hay Hayes Heacock Hill Hogue Holmes Hurlbut James Judd Knapp of Jersey Knapp of Scott Kenner Kinney of St. Clair Kitchell Knowlton Kriox Lander Lemon Lockwood McCallen McCully Manly Marshall of Coles Mason Mieure Miller Moffett Northcott Palmer of Macoupin Those voting in the negative, are, Mr. Akin Alien Blair Mr. Brock man Carter F. S. Casey Z. Casey Mr.^Palmer of Marshall Peteis Pinckney Rives Robbins Robinson Roman Rountree Sharpe Swan Shields Spencer Sherman Sibley Sim Smith of Macon Shumway Thomas Thornton Turnbull Turner Tutt Vance West Williams Witt Whiteside Whitney Woodson Worcester. Mr. Colby Cloud Demerit Dunlap -282 JOURNAL OF THE CONVENTION. [August 7, Mr. Dunn Dunlap Far well Gregg Henderson Kreider Mr. Lasater Linley McClure Markley Marshall of Mason Oliver Mr. Pratt Scates Stadden Simpson Smith of Gallatin Webber. Mr. Scates moved to amend the amendment by striking out the words "or to the Senate of the United States." The question was taken, and decided in the negative.- The question was taken on the adoption of the amendment, as amend- ded, and decided in the affirmative. Mr. Lockwood moved to amend the 22d section by adding thereto the following: "Nor shall any member of the General Assembly be interested, either directly or indirectly, in any contest with the state, or any county thereof, authorized by any law passed during the time for which he shall have been elected, or during one year after the expiration thereof." Mr. Akin moved to amend the amendment by substituting therefor the following: "Nor shall any member of this convention be eligible to any office created by this constitution at the first election after its ratification." On motion of Mr. Constable, . 81 The substitute was laid on the table, 9 Those voting in the affirmative, are, (Nays, 41 Mr. Adams Anderson Atherton Blair Brockman Bond Bunsen Butler Canady F. S. Casey Constable Cross of Winnebago Cloud Church Churchill Davis of McLean Deitz Dunn Dunsmore Edwards of Madison Edwards of Sangamon Eccles Eilmonson Evey Graham Geddes Green of Clay Mr. Green of Jo Daviess Harlan Harper Harvey Hatch Hayes Heacock Hill Hogue Hurl but James Judd Knapp of Jersey Knapp ot Scott Kenner Kitchell Knowlton Knox Lander Lemon Linley Lockwood Logan McCallen Me Cully McClure Manly Mr. Marshall of Mason Mason Moffett Northcott Palmer of Macoupin Palmer of Marshall Peters Pinckney Robinson Rountree Swan Shields Spencer Servant Sibley Shumway Thomas Turnbull Turner Vance Webber West Williams Witt Whitney Wood son Worcester. August 7.] JOURNAL OF THE CONVENTION. 283 Those voting in the negative, are, Mr. Akin Mr. Gregg Mr. Bobbins Allen Hay Roman Armstrong Henderson Scutes Biown Holmes Sharpe Grain Kreider Stadden ' Caldwell Kinney of St. Clair Sbermaii Carter Lasater Sim Zadok Casey Mark^ey Simpson Choate Marshall of Coles Smith of Gallatin Colby Miller Smith of Macon Cross of Woodford Nichols Thornton Dement Oliver Tutt Dunlap Pratt Whiteside. Farwell Rives The question was taken on the adoption of the amendment, and decided in the affirmative. Mr. Pratt moved to amend the 22d section, as amended, by adding thereto the following: "Any person who may hereafter be elected by the people to fill any office in this state, and who shall accept the same, shall be ineligible to any other office within the gift of the people during the period for which he may have been elected." On motion ot Mr. Knowlton, The amendment was laid on the table. The question was taken on the adoption of the section as amended, and decided in the affirmative. The question was taken on concurring with the committee of the whole, in the amendments made to the 23d section, and decided -in the affirmative. Mr. Caldwell moved to amend the 23d section, as amended, by adding thereto the following: "SEC. . The general assembly shall be forever prohibited from pas- sing any private, special or general law, renewing or extending, or in any wise creating or authorizing the exercise of banking powers or privileges; Provided, that the ioregoing section shall be submitted as a separate ques- tion to the people, and if the same be adopted by a majority of the votes cast for and against the constitution, then the same shall become a part of this constitution, and supersede all other provisions herein to the con- trary." Mr. Smith o[ Macon moved to lay the proposed amendment on the table. On motion of Mr. Caldwell, A call of the convention was ordered; When it appeared that the following members were absent, viz: Messrs. Archer, liallingall, Bond, Campbell of Jo Da viess, Dale, Davis of Montgomery. Dummer, Frick, Green ofTazewell, Grimshaw, Harding, Hawley, Hunsaker, Huston, Jackson. Jenkins, Jones, Kinney of Bureau, Kinney of St. Clair, Laughlin, McIIatton, Mathctiy, Miushal), Moore, Norton, Powers, Thompson, T rower, Tuttle, Vernor, Wead 31. A quorum being present, 484 JOURNAL OF THE CONVENTION. [August 7. On motion of Mr. Constable, Further proceedings under the call were dispensed with. The question was taken, by yeas and navs, on laying the proposed amendment on the table, And decided in the negative, ] ^f^' .... 1 I Nays, .... 66 Those voting in the affirmative, are, Mr. Adams Anderson Blakely Canady Choate Constable Cross of Winnebago Church Churchill Davis of McLean Dawson Deitz Dunlap Dunn Dunsmoie Edwards of Madison Edwards of Sangamon Eccles Edmonson Graham Geddes Green of Clay Mr. Green of Jo Daviess Harlan Harper Harvey Hay Heacock Holmes Hurl but Judd Knapp of Jersey Knapp of Scott Kenner Knowlton Knox Lander Lemon Lockwood Logan Loudon McCallen McClure Marshall ot Coles Mr. Marshall of Mason Mieure Miller Northcott Palmer of Marshall Pmckney Rives Swan Sppncer Sherman Servant Sibley Smith of Macon Tnomas Thornton Turnbull Turner Vance Whiiney Woodson. Those voting in the negative, are, Mr. Akin Mr. Evey Mr. Palmer of Macoupin Allen Farvell Pratt Armstrong Gre%<* Rob bins Atherton Hatch Robinson Blair Hayes Roman Brockman Henderson Eountree Bond Hill Scates Bosbyshell Hoes Sharpe Brown Hogae Stadden Bunsen James Shields Butler Kreider Sim Grain Kinuey of St. Clair Simpson Caldwell Lasater Siiii-ieton Campbell of McDonough Linley Smith of Gallatin Carter JVc Cully Shmnway F. S Casey Manly Tutt Z. Casey Mark ley Webber Colby Mnffett, West Cross of Woodford Morris Williams Cloud iS ic hols Witt Davis of Massac Oliver Whiteside Dement Pace Worcester. just 9J JOURNAL OF THE CONVENTION. 285 Mr. Grddes moved to amend the amendment by insertiLg the follow- ing immediately before the proviso: 'The legislature shall pass laws imposing adequate penalties on th circulation of the paper of banks located out of this state, and making void all contracts the consideration of which is the paperof such banks, and all payments made in the notes of such banks. Mr. Edwards of Sangamon moved to refer the amendment and the amendment thereto to the committee on Incorporations. Mr. Kinney of St. Clair moved the previous question. The question was taken, and the convention refused to order the main question. On motion, The convention adjourned, MONDAY, AUGUST The convention having assembled pursuant to adjournment, it was called to order by Mr. Z. Casey, who took the chair in the absence of the president, and at his request. Prayer by Rev. Mr. Palmer of Marshall, a member. The journal of Saturday was read. % The question pending when the convention adjourned on Saturday, was on the motion made by Mr. N. W. Edwards to refer the amendment offered to the 23d section of the report of the committee on the Legisla- tive Department, as amended in committee of the whole, together with the amendment offered thereto by Mr. Geddes, to the committee on In- corporations. On motion of Mr. Eccle?, A call of the convention was ordered. The call was proceeded in for some time, when, Mr. Markley moved to dispense with further proceedings under the call. The question was taken, and decided in the negative. Pending the call, On motion of Mr. Roman, Leave of abrence was granted to Mr. W. C. Kinney for eight days. On motion of Mr. Worcester, Leave ot absence was granted to Mr. Woodson for eight days, in con- sequence of sickness. On motion of Mr. Sharpe, Leave of absence was granted to Mr. Choate for eight days. On motion of Mr. Thornton, Leave of absence was granted to Mr. Evey for three days. On motion of Mr. Whitney, Leave of absence was granted to Mr. Jenkins for two days. On motion of Mr. Rountree, Leave of absence was granted to Mr. J. M. Davis for two days, 286 JOURNAL OF THE CONVENTION. [August 9. On motion of Mr. Dawson, The absentees were called, in order to receive their excuses. On motion of Mr. A. II. Knapp, Mr. Dale was excused in consequence of sickness. On motion of Mr. W. B. Green, Mr. T. Campbell was excused in consequence of sickness. On motion of Mr. Holmes, Mr. H. R. Green was excused in consequence of sickness. On motion of Mr. Pratt, Mr. Singleton was excused in consequence of illness. The absentees not having leave of absence, or excused in consequence of sickness, are, Messrs. Ballingall, Bond, Brown, Constable, C. Edwards, Logan, North- cott, Peters, and Mr. President 9. On motion of Mr. Caldwel), Further proceedings under the call were dispensed with. Mr. Caldwell moved to refer the amendment, and the amendment thereto, to a select committee of nine. Mr. J. M. Palmer called fora division, so as to vote first on referring the amendment to the amendment. The question was taken, and the convention refused to divide the ques tion The question was then taken, by yeas and nays, on referring the amend ment and the amendment offered thereto, to the committee on Incorpora tions, '11. , (Yeas, 63 And decided m the negative, J^ ^ Those voting in the affirmative, are, Mr. Adams Mr. Hay Mr. Minshall Anderson Heacock H. D. Palmer Blakely Holmes Pinckney Canady Hurlbut RiveS Church Jackson Robbins Churchill Judd Servant R. J, Cross Kenner Sherman D. Davis A. R. Knapp Shields Dawson N. M. Knapp Sibley Deitz Knowlton E. O. Smith Dunlap Knox Spencer Dunsmore Lander Swan Eccles Lemon Thomas C. Edwards Lockwood Thornton N. W. Edwards McCallen Trower Frick F. S. D. Marshall Turnbull Graham T. A. Marshall Turner Geddes Mason Tuttle Harding Matheny Vance Harlan JVlieure West 'Harper Miller Whitney. August 9.] JOURNAL OF THE CONVENTION. 28 P r l jose voting in the negative, are, Mr. "Akin Allen Armstrong Atherton Blair Bond Bosbyshell Brockman Brown Bunsen Butler Caldwell J. M. Campbell Carter F. S. Casey Z. Casey Colby Constable Grain S. J. Cross T. G. C. Darii Dement Dunn Edmonson Farwell P. Green Mr. W. B. Green Gregg Harvey Hatch Hawleyj Hayrs Henderson Hill Hoes Hogue Huston James Kitchell Kreider Lasater Langhlin Linley Loudon McCully McClure McHatton Manly Markley Moffett Moore Morris Mr. Nichols Oliver Pace J. M. Palmer Peters Powers Pratt Robinson Roman Rountree Scates Sharpe Shumway Sim Simpson Singleton J. Smith Stadaen Thompson Tutt Webber Williams Witt Whiteside Worcester. The question was then taken, by yeas and nay?, on referring the amendment to a select committee of nine, And decided in the affirmative, . Palmer Trower Lemon J. M. Palmer Turnbull Lockwood Powers Turner Loudon Kives Tuttle McCallen Robbins Vance McCully Robinson Webber McClure Rountree Woodson McHatton Servant Worcester Manly Mr. President. The question was taken on the adoption of the 27th section, and deci- ded in the affirmative. The question was taken on the adoption of the 28th section, and deci ded in the affirmative. Mr. Grain moved to amend the next succeeding blank section by ad ding thereto the following: "But may at any time repeal, alter, or amend, when in their opinion the public good requires it, any charter or general law, granting exclu sive privileges to any incorporation, individual, or individuals whatever.' The question was taken, by yeas and nays, And decided in the negative, iNs' Those voting in the affirmative, arc, Mr. Armstrong Mr. Gregg Mr. Morris Blair Haivey Oliver Bosbyshell Hatch Pace Brockman Hawley Powers Bunsen Hayes Pratt Butler Hill Robinson Caldwell Hogue Rountree J. M. Campbell Huston Scates Carter James Shields F. S. Casey Kreider Shumway Z. Casey Lasater Simpson Crain Laughlin Stadden S, J. Cross McCully Thompson T. G. C. Davis McHatton Tutt Dement Manly Witt Farwell Markley Whiteside Mr. President. August 9.] JOURNAL OF THE CONVENTION. 299 Those who voted in the negative, are, Mr. Adams Mr. Hay Mr. Nichols Akin Heacock Northcott Allen Henderson H. D. Palmer Anderson Holmes Peters Brown Hurlbut Rives Canady Jackson Robbins Church Judd Roman Churchill Kenner Servant Constable Kitchell Sharpe R. J. Cross A. R Knapp Sherman D. Davis N. M. Knapp Sibley Dawson KnowltoH Sim Deitz Knox Singleton Dunlap Lander E. O. Smith Dunn Lemon . J. Smith Dunsmore Lockwood Spencer Eccles Loudon Swan Edmonson McCallen Thomas C. Edwards McClure Thornton N. W. Edwards F. S. D. Marshall Trower Frick T. A. Marshall Turnbull Graham Mason Turner Geddes Matheny Tuttle P. Green Mieure Vance W. B. Green Miller Williams Harding Minshall Whitney Harlan Moffett Worcester. Harper Moore The question was taken on concurring with the committee of the whole, in the first blank section, after the 28th, and decided in the affirmative. Mr. Brockman moved to amend the second blank section after the 28th section, as agreed to in the committee of the whole, by striking out all after the word "some," in the second line, and to insert in lieu thereof the words "court having jurisdiction over the same, and properly certified under seal, by the clerk thereof." Mr. Shields called fora division, so as to vote first on striking out. The question was taken on striking out, and decided in the negative. On motion of Mr. Scates, The same section was amended by striking out all after the first word "state," in the second line. The question was taken on concurring with the committee of the whole, in agreeing to the same section, and decided in the affirmative. On motion of Mr. Dement, The 29th section was amended by inserting after the word "purpose," in tne firgt line, the following: "Nor to revive the charter of the state bank, or the charter of any other bank heretofore existing in this state." On motion of Mr. Caldwell, The same section was further amended by inserting after the word "revive," the words "or extend." The question was taken on the adoption of the 29th section, as amen- ded, and decided in the affirmative. The question was taken on concurring with the committee of the 300 JOURNAL OP THE CONVENTION. [August 9. whole, in the amendment made to the 30th section, and decided in the affirmative. The question was taken on the adoption of the 30th section, and deci- ded in the affirmative. The question was taken on concurring with the committee of the whole, in the first amendment made to the 31st section, and decided in the negative. The question was taken on concurring with the same committee, in the second amendment made to the 31st section, and decided in the neg- ative. Mr. Caldwell moved to amend the same section, as amended, by strik- ing out all between the word "exemptions," in the 5th line, and the word "law," in the 7th line, inclusive. The question was taken, by yeas and nays, on the adoption of the amendment, And decided in the negative, j Those voting in the affirmative,- are, Mr. Allen Mr. T. G. C. Davis Mr. Kreider Armstrong Demen Lasater Atherton Eilmonsoi Loudon Brockman Farwell McCallen Butler Heacock Markley Caldwell Ho*ue Webber J. M. Campbell James Witt F. S. Casey Jenkins Whitney. Grain Those voting in the negative, are, Mr. Anderson Harvey Mr. Miller i Blair Hatch Mmshall Bond Hawley Moffett Bosby shell Hay Moore Biown Hayes Morris Bunsen Henderson Nichols Canady Hill Northcott Zadok Casey Hoes Oliver Church Hurlbut H. D. Palmer Churchill Huston J. M. Palmer Colby Jackson Peters R. J. Cross Judcl Pinckney D. Davis Kenner Powers Dawson A. R. Knapp Pratt Dunlap N. M. Knapp Rives Dunn Knowlton Bobbins Dunsmore Knox Robinson Eccles Lander Roman C. Edwards Lauglilin Rountree N. W. Edwards Lemon Servant Evey Lockwood Sherman Friok Lo^an Shields Graham McCully Shumway Glides MrClure Sibley H. R. Green McHatton Sim P Green Manly Simpson W. B. Green F. S. D. Marshall E. O. Smith Grog's T. A. Marshall Spencer Haming Mason Stadden Harlan Matheny Swan Harper Mieure Thomas August 10.] JOURNAL OF THE CONVENTION. 307 Mr. Thompson Mr. Turner Mr. Williams Thornton Tutt Whiteside Trower Tuttle Worcester 1 Turnbull Vance Mr. President. Th^ question was taken on concurring with the committee of the whole in the last amendment made to the 33d section, as amended, and decided in the affirmative. Mr. Kenner moved to amend the same section, as amended, bystriking^ out all after the word "contracted," in the 7th line. The question was taken, and decided in the negative. Mr. E. O. Smith moved to amend the same section, as amended, by adding thereto the following proviso: "Prorided, that no act of the legislature shall be referred to the govern- or for his approval, which under the provisions of this section is to be submitted to the people for their approval." The question was taken, and the amendment rejected. Mr. Thomas moved to reconsider the vote taken on the 3d amendment made by the committee of the whole to the 33d section. The question was taken, and decided in the cegative. Mr. Kenner moved to amend the same section, as amended, by striking out all after the word "may," in the t>d line, to the word "to," at the end of the 5th line," and to insert in lieu thereof, the words "contract debts," and further to amend by inserting after the word "pledged," in the 7th line, the words "and no other debt." The question was taken, and the amendment rejected. The question was taken on the adoption of the 33d section, as amended, and decided in the affirmative. Mr. Markley moved to amend the 34th section by adding thereto the following: "Nor shall the legislature have power in any manner, directly or indi- rectly, to pass any la^v or laws conferring a monopoly or monopolies upon any persons within this state." Mr. CaMwell moved to amend the amendment by substituting therefor the following: 'Sec. -. The general assembly shall be forever prohibited from pass- ing any private, special or general law, renewing, extending, or in any- wise creating or authorizing the exercise of banking powers or privileges within this state; Provided, that the foregoing clause be submitted as a separate section to the people, at the election held for the adoption of this constitution, and every ten years thereafter, and when the same shall be adopted by a majority of the votes cast for and against it, then such clause, as a separate section, shnll become a part of this constitution and supersede all other provisions herein to the contrary, subject to be sub- mitted and voted on as above prescribed." On motion of Mr. R. J. (Jtoss, The question was taken, by yeas and nays, on laying the amendment and substitute therefor on the table, And decided in the affirmative, $^ eas ' fl 308 JOURNAL OF THE CONVENTION. [August 10 Those voting in the affirmative, are, Mr. Adams Anderson Blair Canady Church Churchill R. J. Cross D. Davis Dawson Deitz Dement Dunlap Dunn Dunsmore Eccles Edmonson C. Edwards N. W. Edwards Evey Frick Graham Gedues H. R Green P. Green W. B. Green Harding Harlan Harper Mr. Harvey Hatch Hawley Hay ' Hogue Hurlbut Huston Jackson Judd Kenner Kitchell A. R. Knapp N. M. Knapp Knowlton Knox Lander Lemon Lockwood Logan Loudon MeCallen McClure McHatton F. S. D. Marshall T. A. Marshall Mason Matheny Those voting in the negative, Mr. Akin Allen Armstrong Atherton Bond Bosbysheli Brockman Brown Bunsen Butler Caldwell J. M. Campbell Carter F. S. Casey Z. Casey Colby ' Crain S. J. Cross Mr. Farwell Gregg Hayes Henderson Hill Hoes James Jenkins Kreider Lasater Laugh 1 in Me Cully Manly Markley Nichols Oliver J. M. Palmer Powers Mr. Mieure Miller Minshall Moffett Moore Morris Northcott H. D. Palmer Peters Pinckney Rives Robbins Servant Sherman Shumway Sibley E. O. Smitb Spencer Swan Thomas Thornton Trower Turn bull Turner Tuttle Vance Whitney. Mr. Pratt Robinson Roman Rountree Shields Sim Simpson J. Smith Stadden Thompson Tutt Webber Williams Witt Whiteside Worcester Mr. President. Mr. Whiteside moved to amend the 34 Ih section by adding thereto t following. " And each county in the state, which has not a representative by a portionment, shall be entitled to one in the most numerous branch of t legislature; Provided, such county will elect and pay such represen tive." On motion, The convention adjourned. iugust 11.] JOURNAL OF THE CONVENTION. 30!) WEDNESDAY, AUGUST 11, 1847. Convention met pursuant to adjournment. Prayer by Rev. Mr. H. D. Palmer, a member. The journal of yesterday was read. Mr. Grain, from the committee on Miscellaneous Subjects and Ques- tions, to which had been referred various petitions praying that a con- stitutional provision be made exempting from sale by judgment and ex- ecution the homestead of each family, made the following report: ARTICLE , SKCTION 1. There shall be exempt from judgment, execution and forced tale, for the payment of debts, (contracted after the adoption of this con- stitution) to the head of every family, he or she being a cultivator of the soil and residing with his or her family, the homestead on which he or she may reside, not to exceed in quantity eighty acres of land, nor in value five hundred dollars, including the improvements thereon. The value to be ascertained as the legislature shall direct. SEC. 2. In all cases where eighty acres, or any fractional division over forty acres, with the improvements thereon, shall exceed in value five hun- dred dollars, then forty acres, together with its improvements, not to ex- ceed in value five hundred dollars, shall be exempt from execution and forced sale. SEC. 3. There shall be exempt from execution and forced sale to me- chanics and others being the heads of families and living with the same, in any city, town or village, one lot of ground of the ordinary size in such city, town or village where the same may be situated, together with the improvements thereon, not to exceed in value five hundred dollars. SEC. 4. Where such town lot, together with its improvements, shall ex- ceed in value five hundred dollar?, and be susceptible of division, then only so much shall be exempt as shall be appraised to five hundred dollars. On motion of Mr. Stadden, The report was laid on the tabb, and 250 copies ordered to be printed for the use of the convention. Mr. Hayes, from the committee on Law Reform, reported the following article as suitable to be engrafted in the amended constitution: ARTICLE . SECTION 1. It shall be the duty of the general assembly to provide for a codification of the laws, and after the year 1870, neither the common law, nor any English statute, not re-enacted, shall be in force, or regarded by the courts, except to aid in the exposition and construction of the laws of this state. 310 JOURNAL OF THE CONVENTION. [August II SEC. 2. All the laws shall be published for the information of the peo pie, and no foreign statute shall hereafter be passed or adopted by the general assembly unless the same be lirst reduced to writing. SEC. 3. No official writing, or executive, legislative, or judicial proceed ing shall be had, conducted, preserved, or published, in any other than the English language. SEC. 4. In all suits in chancery the evidence shall be taken as in suits at law. SEC. 5. The general assembly shall never pass any law of primogeni- ture. On motion of Mr. Hayes, The report was laid on the table, and 250 copies ordered to be printer for the use of the convention. Mr. Caldwell moved to suspend the rules temporarily, and to lay the written report of the committee, made as an argument in support of the article submitted, on the table, and to order the printing of 250 copies thereof for the use of the convention. The question was taken, and decided in the negative. Mr. Moffett moved that the rules be temporarily suspended to enable him to offer a resolution. The question was taken, and decided in the negative. The question pending when the convention adjourned on yesterday was on the amendment offered by Mr. Whiteside to the 34th section o the report of the Legislative committee, as amended in committee of the whole. Mr. Whiteside modified the amendment, by adding thereto the fol lowing: 'dnd provided further, that if any county shall elect a representative according to the foregoing provision, then such county shall not be enti- tled to vote for a representative with any other county, under the appor- tionment made by law, at the same election." On motion of Mr. Butler, The previous question was ordered. The question was taken, by yeas and nays, on the adoption of the amendment, . 22 And decided in the negative r - - Those voting in the affirmative, are, 115 Mr. Atherton Bond Brown Caldwell J. M. Campbell Crain S. J. Cross t)ement Mr. P. Green James Jenkins Kenner Mason Mieure Miller Mr. Pace Pratt Rountree Spencer Williams Witt Whiteside* 'August II.] JOURNAL OF THE CONVENTION. 311 Those voting in the negative, are. Mr. Adams Akin Allen Anderson Armstrong Blair Brockman Bunsen Butler Canady Carter F. S. Casey Z. Casey Church Churchill Colby Constable R. J. Cross D. Davis J. M. Davis T. G. C. Davis Dawson Deitz Dummer Dunlap Dunn Dunsmore Eecles Edmonson C. Edwards N. W. Edwardi Evey Frick Graham Geddes H. R. Green W. B. Green Gregg Harding Mr. Harlan Harper Harvey Hatch Hawley Hay Hayes Heacock Henderson Hill Hoes Hogue Holmes Hurl but Huston Jackson Judd A. R. Knapp Knowlton Knox Kreider Lander Lasater Laughlin Lemon Linley Lock-wood Logan McCallen McCuIly McClure McHatton Manly Mark ley F. S. D. Marshall T. A. Marshall Matheriy Minshali Mr. Moffett Moore Morris Nichols Northcott Oliver H. D. Palmer J. M. Palmer Peters Pinckney Powers Rives Robbins Robinson Scates Servant Sharpe Sherman Shields Shumway Sibley ' Sim Simpson Singleton E. O. Smith J. Smith Stadden Swan Thomas Thornton Trower Turnbull Turner Tutt TuUle Vance Webber Mr. President. The question was taken, and the 34th section, as amended, adopted. The question was taken on concurring with the committee of the whole, on inserting after the word u printing," in the second line, of the 35th section, the word ' binding," and decided in the affirmative. The question was taken on concurring with the same committee in the next Amendment to the same section, and decided in the affirmative. The question was taken on concurring with the same committee on in- serting the word 4 - shall," in the 4th line of the same section, and decided in the affirmative. The question was taken on concurring with the same committee in ad- ding the proviso at the end of the same section, and decided in the affirma- tive. Mr. Brockman moved to amend the same section, as amended, by striking out the word " printing,'' and by adding at the end of the section the words " there shall be elected, by the qualified electors of this state, a public printer, whose term of oflice shall be two years; and whose fees of office shall be defined by the legislature," 312 JOURNAL OF THE CONVENTION. [August 11. On motion of Mr. Lockwood, The main question was ordered. The question was taken, and the amendment rejected. The question was taken, and the 35th section, as amended, adopted. Mr. Williams offered the following as an additional section: " SEC. 36. The general assembly shall have no power to pass any law whereby any person shall be deprived of life, liberty, property, or fran- chises, without trial, judgment, or decree in some usual and regular judi- cial tribunal; Provided, that revenue, taxes, and assessments, may be col- lected, and private property may be taken and applied to public use, and persons and property shall be subject to arrest and seizure, for purposes oi trial, judgment or decree, and persons may be punished for contempts, by such tribunals, and in such manner as the general assembly, by genera! and uniform laws, may provide; And provided further, that franchises of land sold without judgment, for taxes asserting title by virtue of such pur- chase as against the title of the original owner, or person claiming title or possession under such owner, shall be required to prove, in order to sus- tain the title asserted as aforesaid, that the land was subject to taxation when assessed, and that the same was assessed and sold conformably to law." Mr. Scales moved to amend the amendment by striking out the words "life, Hbeity." Mr. Anderson moved the previous question. The question was taken, and the convention refused to order the pre- vious question. Mr. Scates withdrew his amendment. On motion of Mr. Lockwood, The amendment was amended by striking out the words "that the land was subject to taxation when assessed and." The question was taken, by yeas and nays, on the adoption of the pro- posed section, . , , . ., .. (Yens, . . . .65 And decided in the negative, < M> /i\ays, ... oo Those voting in the affirmative, are, Mr. Adams Mr. Hay Mr. Peters Anderson Heacock Pinckney Bond Hoes Pratt Bosbyshell Holmes Rives Brockman Hurlbut Roman Brown Judd Servant Church Kenner Sibley R. J. Cross A. R. Knapp Simpson D. Davis Knowltoa Singleton J. M. Davis Knox Spencer Dawson Lander Stadden Dumtner Lemon Swan Dunlap Linley Thomas Dunsmore Logan Thornton C. Edwards McCallen Turnbull N. W. Edwards Mason Turner Graham Matheny Tuttle Geddes Miller Vance P. Green Minshall Williams Gregg Northcott Whitney Harding Oliver Worcester. Harlan J- M. Palmer August 11.] JOURNAL OF THE CONVENTION. Those voting in the negative, are, 313 Mr. Akin Allen Armstrong Atherton Blair Blakely Bunsen Butler J. M. Campbell Canady Carter F. S. Casey Z. Casey Churchill S. J. Cross Deitz Dunn Eccles Edmonson Frick H. R. Green Harper Mr. Harvey Hatch Hawley Henderson Hill Hogue Huston Jackson James Jenkins Kreider Lasater Laughlin Lockwood Loudon Me Cully McClure Manly Markley F. S. D. Marshall T. A. Marshall Mieure Mr. Moffett Moore Morris Nichols Pace H. D. Palmer Powers Bobbins Robinson Rountree Scates Sharp e Shields Shumway Sim E. O. Smith J. Smith Trower Tutt Witt Whiteside Mr. President. Mr. Robbins moved the following as an additional section: "SEC. 36. The general assembly shall have no power to alter or amend any bank charter, while the same may be in force in ihis state; nor shall any act, passed by the general assembly for the purpose of creating a bank, be submitted to the people for their ratification or rejection until the same shall have been published for at least six consecutive weeks in the public newspaper printed at the seat of government in this state." Mr. Singleton moved to strike out all after, and including the word "until." The question was taken, by yeas and nays, And decided in the negative, (Yeas, {Nays, 6 128 Those voting in the affirmative, are, Mr. R. J. Cross Hay Mr. Kenner Roman Those voting in the negative, are, Mr. Adams Akin Allen Anderson Armstrong Atherton Blair Blakely Bond Bosbyshell Brockman Brown Bunsen Butler Mr. J. M. Campbell F. S. Casey Z. Casey Church Churchill Crain S. J. Cross D. Davis J. M. Davis T. G. C. Davis Dawson Deitz Dummer Dunlap Mr. Singleton Williams. Mr. Dunn Dunsmore Eccles Edmonson C. Edwards N. W. Edwards Evey Frick Graham Geddes H. R. Green P. Green Gregg Harding 314 JOURNAL OF THE CONVENTION. [August 11 Mr. Harlan Harper Harvey Hatch Hawley Hayes Heacock Henderson Hill Hogue Holmes Hurlbut Huston Jackson James? Jenkins Judd A. R. Knapp N. M. Knapp Knowlton Knox Kreider Lander Lasater Laughlin Linley Lockwood Logan Loudon Mr. McCallen McCully McClure McHatton Manly Markley F. S. D. Marshall T. A. Marshall Mason Matheny Mieure Miller Minshall MofFett Moore Morris Nichols Northcott Oliver Pace H. D. Palmer J. M. Palmer Peters Pinckney Powers Pratt Rives Robbing Robinson Mr. Roan tree Scales Servant Sharpe Sherman Shieldsj Shumway Sibley Sim Simpson E. O. Smith Spencer Stadden Swan Thomas Thornton Trower Turnbull Turner Tutt Tuttle Vance Witt Whiteside Whitney Worcester Mr. President. On motion of Mr. Hurlbut, The question was taken, by yeas and nays, on laying the proposed section on the table, And decided in the affirmative, (Yeas, (Nays, 93 40 Those voting in the affirmative, are, Mr. Adams Akin Allen Anderson Armstrong Blair Blakely Brockman Butler Canady Z. Casey Church Churchill R. J. Cross T. G, C. Davis Deitz Dummer Dunlap Dunn Eccles Edmonson C. Edwards N. W. Edwards Evey Graham Mr. Geddes H. R. Green Gregg Harding Harlan Harper Harvey Hawley Hay Hayes Hill Hoes Hogue Holmes Hurlbut Huston Jackson Kenner A. R. Knapp Knowlton Knox Lander Laughlin Linley Loudon Mr. McCallen McCully McHatton Manly F. S. D. Marshall T. A. Marshall Matheny Miller Minshall Moffett Moore Morris Northcott Oliver J. M. Palmer Peteis Pinckney Powers Rives Robinson Servant Sharpe Sherman Sibley Sim I August 11.] JOURNAL OF THE CONVENTION. 315 Mr. Simpson Mr. Swan Mr. Tuttle Singleton Thomai Vance E O. Smith Trower Williams J. Smith Turnbull Whitney Spencer Turner Worcester Stadden Tutt Mr. President. Those voting in the negative, are, Mr. Atherton Mr. Hatch Mr. Nichols Bond Henderson Pace Bosbyshell James H. D. Palmer Brown Jenkins Pratt Bunsen Judd Bobbins J. M. Campbell Kreider Roman F. 8. Casey Lasater Rountree Crain Lockwood Scates S. J. Cross Logan Shields D. Davis McClure Shumway Dawson Markley Thornton Dement Mason Witt Dunsmore Mieure Whiteside. Frick Mr. Peters offered the following as an additional section: " SEC. . The state shall never make any loan of any money or cred- it of any banking corporation or association whatsoever." The question TV as taken, and the amendment rejected. On motion of Mr. Thomas, The report was laid on the table. Mr. Crain, on leave, from the committee on Miscellaneous Subjects and Questions, reported the following as suitable to be added to the article re- ported by him this morning from the same committee, to be set down as an additional section: "SEC. 5. Any female being possessed of real estate at the time of her marriage, shall never^be dispossessed of the same for'the payment of the debts of her husband, against her consent. But in all cases said real es- tate shall enure ai her death, or pleasure, to the benefit of her child or children, should she have any. But should she have no child or children then such estate may be disposed of at her pleasure. But should she die having no issue, and not having disposed of said estate, then the same shall pass to her surviving relatives, as the legislature may direct." On motion of Mr. Crain, The report was laid on the table, and 250 copies ordered to be printed with the report made by him this morning On motion, The convention adjourned until 3 o'clock, p. M. 316 JOURNAL OF THE CONVENTION. [August 11. THREE O'CLOCK, P. M. The convention assembled pursuant to adjournment. On motion of Mr. Turnbull, The report of the committee on the Executive Department, as reported by the committee of the whole, was taken from the table for considera- tion. The question was taken on the adoption of the first section, and deci- ded in the affirmative. Mr. Gregg moved to amend the amendment to the second section by striking out the figures " 1848," and by inserting in lieu thereof the figures " 1850," and to further strike out the figures " 1852," and to in- sert in lieu thereof the figures "1854." The question was taken, by yeas and nays, And decided in the negative, xr (iMays, Those voting in the affirmative, are, 40 94 Mr. Adams Akin Allen Armstrong Blair Blakely Butler J. M. Campbell Church Churchill Colby S. J. Cross Dement Dunn Mr. Gregg Harvey Halch Hawley Heacock Henderson Huston James Kreider Lasater Laughlin McClure Manly Mr. Markley Morris Nichols Pace J. M. Palmer Powers Pratt Rountree Sherman Webber Whiteside Whitney Mr. President. Those voting in the negative, are. Mr. Atherton Bond Bosbyshell Brockman Bunsen Caldwell Canady Carter F. S. Casey Z. Casey Grain R. J. Cross D. Davis J. M. Davis T. G. C. Davis Dawson Deitz Dummer Dunlap Mr. Dunsmore Eccles Edmonson C. Edwards N. W. Edwards Evey Frick Graham Geddes H. R. Green P. Green Harding Harlan Harper Hay Hayes Hill Hogue Hurlbut Mr. Jackson Judd Kenner A. R. Knapp N. M. Knapp Knox Lander Lemon Lockwood Logan Loudon McCallen Me Cully McHatton F. S. D. Marshall T. A. Marshall Mason Matheny Mieure August 11.] JOURNAL OF THE CONVENTION. 317 Mr. Miller Mr. Servant Mr. Swan Minshall Sharpe Thomas Moffett Shields Thornton Moore Shumway Trower Northcott Sibley Turnbull Oliver Sim Turner Peters Simpson Tutt Pmckney Singleton Tuttle Rives E, O. Smith Vance Robbins J. Smith Williams Robinson Spencer Witt Roman Stadden Worcester. Scates On motion of Mr. E. O. Smith, The amendment to the second section was amended by inserting before the words " first," in the first, second, and third lines, the words " Tues- day next after the." On motion of Mr. Hay, The same amendment was further amended by striking out the word u forever," at the end of the second line. The question was taken on concurring with the committee of the whole in the amendment made to the second section, as amended, and decided in the affirmative. Mr. Hayes moved to amend the second section, as amended, by insert- ing after the word "thereafter," in the third line, the words " until anoth- er day shall be provided by law." The question was taken, and the amendment rejected. The question was taken on the adoption of the second section, as amended, and decided in the affirmative. Mr. Church moved to amend the amendment to the third section by itriking out the words " for more than four years in any term of eight years, nor." The question was taken, and decided in the negative. The question was taken on concurring with the committee of the whole, in the amendment made to the third section, and decided in the affirmative. The question was taken on the adoption of the third section, as amend- ed, and decided in the affirmative. The question was taken on concurring with the committee of the whole, in the amendments made to the fourth section, in striking out, and deci- ded in the affirmative. The question was taken, by yeas and nays, on concurring with the ame committee, in the amendment made at the end of the same sec- tion, And decided in the affirmative, ^ eas> ' DO 318 JOURNAL OF THE CONVENTION, [August 11 Those voting in the affirmative, are. Mr. Peters Pinckney Rives Robinson Servant Sharpe Shields Sibley Sim Singleton E. O. Smith Spencer Swan Thomas Thornton Trower Turnbull Turner Tuttle Vance Webber West Williams. Mr. Moore Morris Nichols Oliver Pace Powers Pratt Robbins Roman Rountree Scates Sherman Shumway Simpson J. Smith Stadden Tutt Witt Whiteside Whitney Worcester Mr. President. The question was taken on the adoption of the fourth section, as amei ded, Rnd decided in the affirmative. Mr. Powers moved to amend the amendment to the fifth section, striking out tha words " twelve hundred and fifty," and by inserting in liei thereof the words "fifteen hundred." Mr. Shumway moved " one thousand." Mr. J. M. Davis called for a division, so as to vote first on striking out which was seconded by the convention. The question was taken on striking out, and decided in the affirmative Mr. Adams Mr. Hurl but Atherton Jackson Blair Judd Bond Kenner Canady R. J. Cross A. R. Knapp Knowlton D. Davis Knox J. M. Davis Lander Deitz Lemon Dummer Lockwood Dunn Logan Dunsmore Loudon Eccles McCallen C. Edwards F. S. D. Marshall N. W. Edwards T. A. Marshall Evey Mason Frick Matheny Graham Mieure Geddes Miller H. R. Green Minshall Harlan Northcott Harper H. D. Palmer Hawley J. M. Palmer Hay Those voting in the negative, are, Mr. Akin Mr. Farwell Allen P. Green Armstrong Blakely Gregg Harvev Bosbyshell Hatch' Brockman Hayes Brown Heacock Bunsen Henderson Butler Hill Cal dwell Hoes J. M. Campbell Hogue Carter v Huston F. S. Casey James Z. Casey N. M. Knapp Church Kreider Churchill Lasater Colby Laughlin Grain McCully S. J. Cross McClure T. G. C. Davis McHatton Dement Manly Dun lap Edmonson Markley Moffett August \\.] JOURNAL OF THE CONVENTION. 319 The question was taken, by yeas and nays, on filling the blank with And decided in the affirmative, Yeas, Those voting in the affirmative, are,' Mr. Adams Mr. Hay Armstrong Hayes Blair Heacock Bosbyshell Henderson Brockman Hill Brown Hoes Bunsen Hurl but Butler Huston J. M. Campbell Jackson Church James Colby A. R. Knapp R. J. Cross N. M. Knapp Deitz Knovvlton Dement Knox Dummer Laughlin Dunlap Lockwood Dunn Logan C. Edwards McCallen Farwell McClure Geddes McHatton Gregg Harding F. S. D. Marshall Matheny Harvey Miller Hatch Minshall Hawley Those voting in the negative, are, Mr. Akin Mr. Graham Allen H. R. Green Atherton P. Green Blakely -^ Harlan Bond Harper Caldwell Hogue Canady Judd Carter Kenner F. S. Casey Kreider Z. Casey Lander Churchill Lasater Grain Lemon S. J. Cross , Loudon D. Davis McCully J. M. Davis T. G. C. Davis Manly Mark ley Dawson T. A. Marshall Dunsmore Mason Eccles Mieure Edmonson Moffett N. W. Edwards Northcdtt Evey Oliver Frick Moore Morris Nichols J. M. Palmer Peters Pinckney Powers Pratt Roman Servant Sharpe Sherman Sibley Singleton Stadden Thomas Turner Webber West Williams Whiteside Whitney Worcester Mr. President. Mr. Pace H. D. Palmer Rives Robbins Robinson Rountree Scates Shields Shumway Sim Simpson E. O. Smith J. Smith Spencer Swan Thornton Trower Turnbull Tutt Tuttle Vance Witt. 73 C? JOURNAL OF THE CONVENTION. [August II, Mr. Deitz moved to amend the same amendment by inserting after tl word "government,** in the fourth line, the words " and shall be ex qffici fund commissioner." The question was taken, by yeas and nays, on the adoption of th amendment, / Yeas And decided in the negative, \ j^ a ' Those voting in the affirmative, are, Mr. Blakely J. M. Davis Deitz Evey James Judd Kenner Lemon Mr. McCallen Manly T. A. Marshall Moffett Oliver Pace J. M. Palmer Bobbins Those voting in the negative, are, Mr. Adams Akin Allen Armstrong Atherton Blair Bond Bosbyshell Brock man Brown Bunsen Butler J. M. Campbell Canady Carter F. S. Casey Z. Casey Church Churchill Colby Constable Crain R. J. Cross 8. J. Cross D. Davis Dawson Dement Dummer Dnnlap Dunn Dunsmore Eccles Edmonson C. Edwards N. W. Edwards Harwell Frick Graham 24 114 Mr. Shields Sim Simpson E. O. Smith Thornton Trower West Witt. Mr. Geddes Mr. Miller H. R. Green Minshall P. Green Moore Gregg Morris Harlan Nichols Harper North cott Hatch H. D. Palmer Hawley Peters Hay Pinckney Hayes Powers Heacock Pratt Henderson Rives Hill Roman Hoes Rountree Hogue Holmes Scates Servant Hurlbut Sharpe Huston Sherman Jackson Shumway N. M. Knapp Sibley ' Knowlton Singleton Knox J. Smith Kreider Spencer Lander Stadden Lasater Swan Laughlin Thomas Lockwood Turn bull Logan Turner Loudon Tutt Me Cully Tuttle McClure Vance McHatton Webber Markley Williams F. S. D. Marshall Whiteside Mason Whitney Matheny Mieure Worcester Mr. President: August II.] JOURNAL OF THE CONVENTION. 321 Mr. Mason moved to amend the same amendment by inserting after the word ''diminished," in the sixth line, the words *>during the period for which he shall have been elected, nor increased until all arrears of inter- est on the state debt shall have been paid." The question was taken, and the amendment rejected. Mr. (J. Edwards moved to amend the same amendment by striking out the words " increased nor," in the 5th line. The question was taken, and the amendment rejected. Trie question was taken on concurring in the same amendment, as amended, and decided in the affirmative. The question was taken on the adoption of the 5th section, as amended, ,and decided in the affirmative. The question was consecutively taken on the 7th sections, and decided in the affirmative. adoption of the 6th and The question was taken, by yeas and nays, on concurring with the jommittee of the whole in the amendments made to the 8th section, And decided in the negative, ] N ^ , . 48 84 Those voting in the affirmative, are, [r. Adams Mr. Frick Mr. Morris Blair Graham Northcott Bond P. Green H. D. Palmer Brown Hawley J. M. Palmer Bunsen Hay ' Peters J. M. Campbell Canady Hurlbut Kenner Pinckney Powers Church Kriowlton Roman Churchill Knox Servant Constable R. J. Cross Laughlin Lockwood Sharpe Shields Dement X Logan Thomas Duimner F/S. D. Marshall Turner Dunlap Mason Tutt C. Edwards Mieure Vance Farwell Miller West Those who voted in the negative, are, Ir. Akin Mr. Dawson Mr. Henderson Allen Deitz Hill Armstrong Dunn Hoes Atherton Dunsmore Hogue Blakely Eccles Huston Bosbyshell Edmonson Jackson Brockman N. W. Edwards Jamps Butler Carter Evey Geddes N. M. Knapp Kreider F. S. Casey H. R. Green Lander Z. Casey Colby Gregg Harding Lasater Lemon Grain Harlan London S. J. Cross Harper McCallen < D. Davis Hatch Me Cully J. M. Dvi Hayes McClui* 21 22 JOURNAL OF THE CONVENTION, Mr. McKatton Mr. Rives Mr. J. Smith Manly Robbins Spencer Markley Robinson Stadden T. A. Marshall Rountree Thornton Matheny Scales Trower Minshall Sherman Turnbull Moffett Shumway Tuttle Moore Sibley ' Williams Nichols Sim Whiteside Oliver Simpson Whitney Pace Singleton Worcester Pratt E. O. Smith Mr. President. Mr. Thornton moved to amend the 8th section by inserting after \\ word " pardons," in the 4th line, the words " and remit fines and forfei ures." The question was taken, and the amendment rejected. The question was consecutively taken on the adoption of the 8th nn 9th sections, and decided in the affirmative. On motion of Mr. Powers, A division was ordered on the amendments to the 10th section, The question was taken on striking out the words "when assemble( &c., and decided in the affirmative. The question was taken on inserting the words *' in said proclamati the purposes for which they are to convene," and decided in the affirrr tive. The question was taken on concurring in the insertion of the wo ''enter on no legislative business, n &c., and decided in the affirmative The question was taken on striking out the words " be limited in th action," &c., and decided in the affirmative. Mr. Powers moved to amend the same section, as amended, by striki out all after the word *' convene," in the second line. The question was taken, and the amendment rejected. Mr. Scales moved to amend the same section, by inserting after t word "occasions," the words " which wauld cause irremediable inju to the public interest by delay." The question was taken, and the amendment rejected. The question was taken on the adoption of the 10th section, as amen ed, and decided in the affirmative. The question was consecutively taken on the adoption of the 11 12th, 13th, 14th, 15th, and 1 6th sections, and decided in the affirmati The question was consecutively taken on the adoption of the 17th, 18 and 19th sections, and decided in the affirmative. Mr. J. M. Davis moved to amend the amendments made to the 2f section, by striking out the words u three-fifths," wherever they occi and by inserting in lieu thereof the words "a majoiity." Mr. Tu nbull called for a division of the question; which the convc tion refused to second. The question was taken, by yeas and nays, on the motion made by IV J. M. Davis, And decided in the affirmative, 6 r ^ August 11.] JOURNAL OF THE CONVENTION. 3-23 Those voting in the affirmative, are, Mr. Adams Blakely Bond Z. Casey Church Constable R. J. Cross S. J. Cross D. Davis J. M. Davis Dawson Deitz Dummer Dunlap Eccles C. Edwards N. W. Edwards Graham Geddes H. R. Green P. Green Harding Harlan Harper Mr. Hay Hurlbut Jackson Jenkins Judd Kenner A. R. Knapp N. M. Knapp Knowlton Knox Lander Lemon Lockwood Logan Loudon McCallen Manly F. S. D. Marshall T. A. Marshall Mason] Matheny Mieure Miller Northcott Those voting in the negative, are, . Akin Allen Armstrong Atherton Blair Bosbyshell Brockman Bunsen Butler Caldwell J. M. Campbell Canady Carter F. S. Casey Churchill Colby Grain T. G. C. Daris Dement Dunn Dunsmore Edmonson Evey Mr. Farwell Frick Harvey Hatch Hawley Hayes Heacock Henderson Hiil Hoes Hogue Huston James Kreider Lasater Laugh lin McCullyj McCIure McHatton Markley Moffett Moore Mr. Oliver H. D. Palmer Pinckney Rives] Roman Servant Shields Sibley Sim E.G. Smith J. Smith Spencer Stadden Swan Thomas Thornton Turnbull Turner Tuttle Vance West Williams Whitney. Mr. Morris Nichols Pace J. M. Palmer Peters Powers Pratt Robbins Robinson Rountree Scatea Sharpe Sherman Shumway Simpson Singleton Trower Tutt Witt Whiteside Worcester Mr. President. The question was taken, by yeas and nays, on concurring with the ommittee of the whole, in the amendments to the 20th section, as mended, And decided in the affirmative, < 71 Mr. Adams Bond Mr. Hay| Hurlbut Canady Jackson Z. Casey Jenkins Church Judd Constable Kenner R. J, Cross A. R. Knapp D. Davis N. M. Knapp J. M. Davis Knowlton Davvson Knox Deitz Lander Dummer Lemon Dunlap Lockwood Eccles Logan Edmonson Loudon C. Edwards McCallen N. W. Edwards Manly Graham F. S. D. Marshall Geddes T. A. Marshall H. R. Green Mason P. Green Matheny Harding Mieure Harlan Miller Harper Northcolt Those voting in the negative, are, Mr. Akin Mr. Evey Allen Farwell Armstrong Frick Atherton Harvey Blair Hatch Blakely Bos by shell Hawley Hayes Brockman Heacockj Brown Henderson Bunsen Hill Butler Hoes Caldwell Hogue J. M. Campbell" Huston Carter James F. S. Casey Kreider Churchill Lasater Colby Langhlin Grain McCully S. J. Cross McClurc T. G. C. Davis McHatton Dement Markley Dunn Moffett Dunsmore Moore Mr. Oliver f H. D. Palmer Pinckney Rives Roman Servant Shields Sibley Sim Singleton E. O. Smith Spencer Stadcten Swan Thomas Thornton Turnbull Turner Tuttle Vance West Williams Whitney. Mr. Morris Nichols Pace J. M. Palmer Peters Powers Pratt Robbins Robinson Rountree Scates Sharpe Sherman Shumway Simpson J. Smith Trower Tutt Witt Whiteside Worcester Mr. President. The question was taken, by yeas and nays, on the adoption of th 30th section, as amended, And decided in the affirmative, 74 65 ugusl U.] JOURNAL OF THE CONVENTION. 325 Those voting in the affirmative, are. r. Adams Mr. Hay Blakely Hayes Bond Hurl but Canady Jackson Church Jenkins Constable Judd R. J. Cross Kenner D. Davis A. R. Knapp J. M. Davis N. M. Knapp Dawson Knowlton Deitz Knox Duraraer Lander Dunlap Lemon Dunstnore Lockwood Eccles Logan Edmonson Loudon C. Edwards McCallen N. W. Edwards Manly Graham F. S. D. Marshall Geddes T. A. Marshall H. R. Green Mason P. Green Harding Matheny Mieurc Harlan Miller Harper Moffett Those voting in the negative, are, r. Akin Mr. Evey Allen Farvvell Armstrong Frick Atherton Harvey Blair Hatch Bosbyshell Hawley Brockman Heacock Brown Henderson Bunsen Hill Butler Hoes Caldwell Hogue J. M. Campbell Huston Carter James F. S. Casey Kreider Z. Casey Lasater Churchill Colby Grain Laughlin McCully McClure S. J. Cross McHatton T. G. C. Davis Mark ley Dement Moore Dunn Morris Mr. Northcott Oliver H. D. Palmer Pinckney Rives Roman Servant Shields Sib ley Sim Singleton E. O. Smith Spencer Stadden Swan Thomas Thornton Turnbull Turner Tuttle Vance West Williams Whitney, Mr. Nichols Pace J. M. Palmer Peters Powers Tratt Robbins Robinson Rountree Scates Sharpe Sherman Sh urn way Simpson J. Smith Trower Tutt Witt Whiteside Worcester Mr. President Mr. Dement moved to amend the amendment by inserting after the ords " per annum,'* in the seventh line, the words " exclusive of neces- iry clerk hire." The question was taken, and the amendment rejected. The question was taken on concurring with the committee of the whole the amendments made to the k 2lst section, and decided in the affirmu- ve. 326 JOURNAL OF' THE CONVENTION. [August 11. Mr. McCallen moved to amend the section, as amended, by striking j out all from the first word to the word " who," in the fourth line, and by I inserting in lieu thereof the words "there shall be elected by the quali- fied voters of the state, at the same time that the governor is elected^ a secretary of state, who shall hold his office for four jears." The question was taken, by yeas and nays, on the adoption of the amendment, And decided in the affirmative, .i\ ays, Those voting in the affirmative, are, Mr. Adams Mr. Harlan Allen Harvev Atherton Hatch" Blakely Heacock Brockman Henderson Cal dwell Hill J. M. Campbell Hoes Carter Hogue F. S. Casey Jenkins Z. Casey Judd Church Knowltosa Churchill Kreider Crain Lander R. J. Cross Lasater S. J. Cross Lemon T. G. C. Davis Loudon Deitz McCallen Dunn McCully Dunsmore McClure Eecles- Manly Evey Graham Markley Matheny P.? Green Mieure Harding Moffett Those voting in the negative, are, Mr. Akin Mr. H. R. Green Armstrong Blair Harper Hawley Brown Hay ' Bunsen Hayes Butler Hurlbut Canady Huston Colby Constable Jackson James D. Davis Kenner J. M. Davis A. R. Knapp Dawson Knox Dement Laughlin Dummer Lockwood Dunlap Logan Edmonson McHatton C. Edwards F. S. D. Marshall N. W. Edwards T. A. Marshall Farwell Mason Frick Miller Geddes Moore 71 62 Mr. Northcott Oliver H. D. Palmer Pinckney Pratt Rives Roman Rountree Scates Shields Shumway Sibley Sim Simpson E. O. Smith Spencer Stadden Swan Thornton Trower Turner Tuttle Williams Mr. President. Mr. Morris Nichols Pace J. M. Palmer Peters Powers Robbing Robinson Servant Sharpe Sherman Singleton Thomas Turnbult Tutt Vance Witt Whiteside Whitney Worcester. tugust 12.] JOURNAL OF THE CONVENTION. 327 Mr. Vance moved to amend the same section, as amended, by adding hereto the words " there shall be elected by the qualified voters of the tatc, all clerks that may be necessary iri the different offices of the secre- ;ary of state, auditor, and treasurer." Mr. Whitney moved that the convention adjourn. The question was taken, and decided in the negative. On motion, The convention adjourned. THURSDAY, AUGUST 12, 1847. The convention met pursuant to adjournment. Prayer by the Rev. H. D. Palmer, a member. The journal of yesterday was read. The question pending when the convention adjourned on yesterday, was on the amendment offered by Mr. Vance to the 21st section, as amended, of the report of the select committee of twenty-seven on the Judiciary Department. On motion of Mr. E. O, Smith, The amendment was laid on the table. On motion of Mr. Pratt, The 21st section was stricken out, and the following inserted in lieu thereof: "There shall be elected by the qualified electors of the state, at the same time of the election for governor, a secretary of state, whose term of office shall be the same as that of the governor, who shall keep a fair register of the official acts of the governor, and when required shall lay the same, and all papers, minutes and vouchers relative thereto, before either branch of the general assembly; and shall perform such other duties as shall be assigned him by law, and shall receive a salary of eight hun- dred dollars, and no more, except fees; Provided, that if the office of sec- retary of state should be vacated by death, resignation or otherwise, it shall be the duty of the governor to appoint another, who shall hold his office until another secretary be elected and qualified." On motion of Mr. Peters, The previous question was ordered. The question was taken on striking out the 21st section, as amended, and inserting in lieu thereof the substitute offered by Mr. Pratt, and deci- ded in the affirmative. The question was then taken, by yeas and nays, on the adoption of the 2lst section, as amended, And decided in the affirmative, ea ' ' ' (Nays, .... 59 ^ 328 JOURNAL OF THE CONVENTION. [August 12. Those voting in the affirmative, are, Mr. Markley T. A. Marshall Mieure Aloffett Northcott Oliver Pace H. D. Palmer Pratt Rives Roman Rountree Scates Shields Shumway Sim E. O. Smith J. Smith Spencer Stadden Thornton Tuttle "West Williams Mr. President. Mr. Petere Powers Robinson Servant Sharpe Sibley Simpson Singleton Swan Thomas Turnbull Turner Tutt Vance Webber Witt Whiteside Whitney Worcester, The question was then taken on concurring with the committee of the whole, in the amendments made tothc2d section, and decided in the affirmative. The question was taken on the adoption of the 22d section, as amended., and decided in the affirmative. rThe question was taken on the adoption of the 23d section, and decided in the affirmative. Mr. Shumway moved to reconsider the vote taken on yesterday, orj the adoption of the 20th section, as amended. Mr. Adams Mr. Eccles Allen Evey Anderson Frick Armstrong Atherton P. Green W. B. Green Blakely Greg Bond Harding Bosbysheli Harlan Brockman Harvey Butler Hatch Caldweli Hawley Canady Heacock Carter Henderson F. S. Casey Hill Z. Casey Hogue Church Jenkins Grain Knox R. J. Cross Lander S. J. Cross Lasater Dale Lemon J. M. Davis Loudon T. G. C. Davis McCallen Deitz McCuJly Dement McClure Dunn Manly Dunsmore Those voting in the negative, are, Mr. Akin Mr. Huston Blair Jackson Brown James Colby Jadd Constable Kennr D. Davis A. R. Knapp Dawson N. M. Knapp Dummer Knowlton Dunlap Kreider Edmonson Laughlin C. Edwards Lockwood N. W. Edwards Logan Graham MeHcitton Geddes F. S. D. Marshall Harper Mason Hay Minshall Hayes Moore Holmes Morris Hunsaker Nichols Hurlbut J. M. Palmer August 12.] JOURNAL OF THE CONVENTION. The question was taken, by yeas arid naysj 321) And decided in the negative, - - - Those voting in the affirmative, are, (Yeas. . (Nays, . . 68 . 73 Mr. Akin Mr. Evey Allen Farwell Anderson Frick Armstrong Athertou Gregg Harvey Blair Hatch Bosbyshell Hawley Brockman Hayes Brown Heacock Butler Henderson Caldwell Hogue J. M. Campbell Hunsaker Carter Huston F. S. Casey James Z. Casey Kreider Chiirchill Lasater Coiby Laughlin Crain McCully S. J. Cross McClure Dale McHatton T. G. C. Davis Markley Dement Moore Dunn Morris Those voting in the negative, are, Mr. Adams Mr. Hay Bond Holmes Canady Hurlbut Church Jackson Constable Jenkins R. J. Cross Judd D. Davis Kenner J. M. Davis A. R. Knapp Dawson N. M. Knapp Deitz Knowlton Dmnmer Knox Dunlap Lander Dunsmore Lemon Eccles Lockwood Edmonson Logan C. Edwards London N. W. Edwards McCallen Graham Manly Geddes F. S. D. Marshall H. R. Green T. A. Marshall P. Green Mason W. B. Green Mieure Harding Miller Harlaa Minshall Harper Mr. Nichols Oliver Pace J. M. Palmer Peters Powers Pratt Robbins Robinson Rountree Scates Sharpe Sherman Shumway Simpson J. Smith Tutt Witt Whiteside Whitney Worcester Mr. President. Mr. Moffett Northcott H. D. Palmer Pinckney Rives Roman Servant Shields Sibley Sim Singleton E. O. Smith Spencer Stadden Swan Thomas Thornton Turnbull Turner Tuttle^ Vance Webber West Williams. 330 JOURNAL OF THE CONVENTION. [August H>. Mr. Scates moved to reconsider the vote taken on yesterday, on the adoption of the 3d section, as amended. On motion of Mr. Deitz, The main question was ordered* The question was taken, by yeas and nays, on reconsideration, And decided in the negative, i ( Those voting in the affirmative, are, Mr. Akin Armstrong Blakely Brown Butler J. M. Campbell F. S. Casey Z. Casey Churchill S. J. Cross Dale Dement Gregg Harvey Mr. Hatch Hawley Heacock Henderson Huston James Jenkins Kreider Lasater Laughlin McHatton Manly Markley Moore Those voting in the negative, are, Mr. Adams Allen Anderson Atherton Blair Bond Bosbyshell Brockman Caldwell Canady Carter Church Constable Crain R. J. Cross D. Davis J. M. Davis T. G. C. Davis Dawson Deitz Dummer Dunlap Dunn Dunsmore Eccles Edmonson C. Edwards N. W. Edwards Farwell Frick Graham Geddes H. R. Green P. Green Mr. W. B. Green } Harding Harlan Harper Hay Hayes Hill Hogae Holmes Hunsaker Hurl but Jackson Judd Kenner A. R. Knapp N. M. Knapp Knowlton Knox Lander Lemon Lockwood Logan Loudon McCallen Me Cully McClure F. S. D. Marshall T. A. Marshall Mason Matheny Mieure Miller Minshall Moffett Mr. Morris Nichols J. M. Palmer Powers Pratt Rountrec Scates Sherman Shumway Simpson Webber West Whiteside Mr. President. Mr. Northcott Oliver Pace H. D. Palmer Peters Pmckney Rives Robbins Robinson Roman Servant Sharpe Shields Sibley Sim Singleton E. O. Smith J. Smith Spencer Stadden Swan Thomas Thornton Trower Turnbull Turner Tutt Tuttle Vance Williams Witt Whitney Worcester. August 1'^.J JOURNAL OF THE CONVENTION. 331 Mr. Witt moved to reconsider the vote taken on yesterday, on the adoption of the 5th section, as amended. The question was taken, by yeas and nays, 64 76 And decided in the negative, | Nays> . Those voting in the affirmative, are, Mr. Akin Mr. P. Green Mr. Morris Armstrong Blakely Bond Harlan Harvey Hunsaker Nichols Northcott Oliver Biown James Pace Caldwell Jenkins H. D. Palmer J. M. Campbell Carter Judd Kenner Rives Robbins F. S. Casey A. R. Knapp Robinson Zadok Casey Kreider Rountree Churchill Lander Scates Grain Lasater Shields S. J. Cross Lemon Shumway Dale Loudon Sim D. Davis McCully E. O. Smith J. M. Davis Manly J; Smith T. G. C. Davis Markley Swan Eccles T. A. Marshall Thornton Edmonso Mieure Trower C. Edwards Miller Tutt Frick Moffett Witt. Graham Those voting in the negative, are, ' Mr. Adams Mr. Hatch Mr. J. M. Palmer Allen Hawley Peters Anderson Hay Powers Atherton Hayes Pratt Blair Heacock Roman Bosbyshell Henderson Servant Brockman Hill Sharpe Butler Hogue Sherman Canady Holmes Sibley Church Hurl but Simpson Colby Huston Singleton Constable Jackson Spencer R. J. Cross N. M. Knapp Stadden Deitz Knowlton Thomas Dement Knox Turnbull Dummer Laughlin Turner Dunlap Lockwood Tuttle Dunn Logan Vance Dunsmore McCallen Webber N. W. Edwards McClure West Geddes McHatton Williams H. R. Green F. S. D. Marshall Whiteside W. B. Green Matheuy Whitney Gregg Minshall Worcester Harding Moore Mr. President. Harper 332 JOURNAL OF THE CONVENTION. [August 12. Mr. Thomas moved to amend the report, as amended, by adding thereto the following as an additional section: "SEC. . The governor shall nominate, and by and with the advice and consent of the senate, appoint all officers in this state whose offices are established by this constitution, or shall he created by law, and whose appointments are not herein otherwise provided for; Provided, that two- thirdsof the senate shall concur in the no niiuition; And provided farther, that offices, whose jurisdiction, powers and duties may becorifmed within the limits of a county, and whose appointments are not herein other- wise provided for, shall be elected by the people of such county.'' Mr. Scates moved to substitute for the proposed additional section the following: "The general assembly shall provide by law for the filling of all offices not provided for in this constitution." On motion of Mr. Z. Casey, The amendments were laid on the table. On motion of Mr. Turnbull, The report, as amended and adopted, was referred to the committee on the Revision and Adjustment of the Articles of the Constitution. On motion of Mr. Singleton, The report of the select committee of twenty-seven on the Judiciary Department, was taken from the table for consideration. Mr. Shumway moved to suspend the rules temporarily, to enable him to offer an additional rule. The motion was lost. Mr. Dement moved to strike cut the first twelve sections of the ma- jority report, and to substitute for them the minority report made by Mr. Dement, on that Department. On motion, The convention adjourned until 3 o'clock, p. M. THREE O'CLOCK, P. M. The convention assembled pursuant to adjournment. On motion of Mr. Bond, A call of the convention was ordered. The call was proceeded in for some time, when it appeared ihat, Messrs. Archer, Ballingal!, Blakely, Bosbyshell, Brown, B-insen, T. Campbell, Carter, Choate, Church, Colby, 11. 11. Green, P. Green, Grim- shaw, Heacock, Hoes, Holmes, S. Kihney, W. C Kinney. N. M. Knnpp, Laughlin, McCallen, Matheny, Miller, Northcott, Norton, Servant, Sher- man, Thompson, Vernor, Wead, Webber, West, Whitney, and Woodson, were absent. 35. On motion of Mr. Shumway, Further proceedings under the call were dispensed with. The question pending when the convention adjourned this morning, was on the motion made by Mr. Dement, to strike out the first twelve sec- tions of the majority report of the select committee of twenty-seven on , ugust 12.] JOURNAL OF THE CONVENTION. 333 the Judiciary Department, and to substitute for them the minority re- port made by Mr. Dement. The question was taken, by yeas and nays, And decided in the negative Those voting in the affirmative, are, Mr. Akin Mr. Evey Allen Farwell Anderson Gregg Armstrong Atherton Harvey Hatch Blair Hawley Blakely Henderson Bosbyshell Hill Brockman Hoes Brown Hogue Butler Hunsaker J. M. Campbell Huston Carter James F. S. Casey Jenkins Z. Casey Kitchell Colby Kreider Grain Lasater S. J. Cross Laughlin Dale Linley Demerit McCully Dunlap McClure Edmonson Those voting in the negative, are, Mr. Adams Mr. Hay Bond Hayes Caldwell Heacock Canady ^ Holmes Church Hurlbut Churchill Jackson Constable Jones R. J. Cross Judd D. Davis Kenner J. M. Davis A. R. Knapp T. G. C. Davis N. M. Knapp Dawson Knowlton Deitz Knox Dummer Lander Dunsmore Lemon Ecclcs Lockwood C. Edwards Logan N. VV. Edwards Loudon Frick McCallen Graham F. S. D. Marshall Geddea T. A. Marshall H. R. Green Mason P. Green W. B. Green Matheny Mieure Harding Miller - Harlan Minshall Harper Moffett Mr. McHatton Manly Markley Moore Morris Nichols Pace Powers Pratt Rountree Scales Sharpe Shields Sh urn way Simpson Stadden Tutt Witt Whiteside Worcester Mr. President Mr. Northcott "H. D. Palmer Peteis Rives Robbins Robinson Roman Savant Sibley Sim Singleton E O. Smith J. Smith Spencer Swan Thomas Thornton Tiower Turnbull Turner Tuttle Vance Webber West Williams Whitney. 64 80 334 JOURNAL OF THE CONVENTION. [August 12. On motion of Mr. D. Davis, Ordered, That the report be considered by sectfons. Mr. Gregg moved to amend the first section by adding thereto the following proviso: "Provided, that inferior local courts of civil and criminal jurisdiction may be established by the general assembly in the cities of this state, but such courts shall have a uniform organization and jurisdiction in such cities. 1 ' The question was taken, and decided in the affirmative. Mr. Farwell moved to amend the same section, as amended, by striking out all after the words "circuit courts," and by inserting the words "and such other courts of inferior jurisdiction, as the legislature from time to time shall create." The question was taken, and decided in the negative. The question was taken on the adoption of the first section, as amend- ed, and decided in the affirmative. Mr. Singleton moved to amend the second section by adding thereto the following: "And no person who has been once elected or appointed judge of court of record created or authorized by this constitution, or by any act o the general assembly of this state after the adoption hereof; and wh shall have entered upon his or their official duties, or otherwise signifiec his or their acceptance of the office, shall be eligible to a re-election, o appointment to any like office, created or authorized as aforesaid, no shall any such person be eligible to any other office in the gift of the pen pie, or either of the departments of the government of this state for th< period of two years after the expiration of the term for which he or they were elected or appointed judge." The question was taken, by yeas and nays, on the adoption of thi amendment, (Yeas 11 And decided in the negative, JN a y S ' Those voting in the affirmative, are, Mr. Bosbyshell Mr. James Mr. Singleton N. W. Edwards Jenkins West W. B. Green Lockwood Whiteside. Hayes . Servant Those voting in the negative, are, Mr. Akin Mr. Canady Mr. J. M. Davis Allen Carter Dawson Anderson F. S. Casey Deitz Armstrong Z. Casey Dummer Atherton Church Dunlap Blair Churchill Dunn Blakely Constable Dunsmore Bond Crain Eccles Brockman R. J. Cross Edmonson Caldwell Dale C. Edwards August 13.] JOURNAL OF THE CONVENTION. 335 Mr. Evey Mr.'Knox Mr. Rives Frick Kreider Robbins Graham Lander Robinson Geddes Lasater Roman H. R. Green Laughlin Rountree P. Green Lemon Scatea Gregg Loudon Shields Harding McCallen Shumway Harlan McCully Sibley ' Harper McClure Sim Harvey McHatton Simpson Hatch Manly E. O. Smith Hawley Markley Spencer Hay F. S. D. Marshall Stadden Heacock T. A. Marshall Swan Henderson Mason Thornton Hill Matheny Trower Hogue Mieure Turnbull Hunsaker Minshall Turner Hurl but Moffet Tutt Huston Moore Tuttle Jackson Nichols Vance Jones Northcott Webber Kitchell Oliver Williams A. R. Knapp Pace Witt N. M. Knapp H. D. Palmer Worcester. Knowlton Pratt Mr. President. On motion, The convention adjourned. FRIDAY, AUGUST 13, 1847. The convention assembled pursuant to adjournment. Prayer by Rev. Mr. Shields, a member. The journal of yesterday was read. On motion of Mr. Roman, Leave of absence-was granted to Mr. Bunsen for eight days, in conse- quence of sickness. On motion of Mr. Northcott, Leave of absence was granted to Mr. N. M. Knapp for ten days. On motion of Mr. Manly, Leave of absence was granted to Mr. Dunn for eight days, in conse- quence of sickness in his family. Mr. Sim presented the petition of John C. Hanna, and forty-seven oth- ers, praying that effective provision may be made in the new constitution for an exemption of 160 acres of land, or a town lot of one acre, with the improvements, from forced sale and mortgage, &c. On motion of Mr. Sim, The petition was laid on the table. On motion of Mr. N. W. Edwards, A call of the convention was ordered. The call was proceeded in for some time, when it appeared that the fol- lowing members were absent, viz: Messrs. Adams, Archer, Ballingall, Brown, Bunsen, T. Campbell, Choate, Church, Constable, T. G. C. Davis, Dement, Dunn, Farwell, P. 336 JOURNAL OF THE CONVENTION. [August 13, Green, Gregg, Grimshaw, Harvey, Holmes, S. Kinney, W. C. Kinney, Kitchell, N. M. Knapp, Lockwood, Logan, Matheny, Minshall, Norton, Pim:kney,Scates.Sharpe, Sherman, Shumway, Thompson, Vernor, Wead, and Woodson 36. On motion of Mr. Z. Casey, Further proceedings under the call were dispensed with. On motion of Mr. Robbins, Leave of absence was granted to Mr. Kitchell for eight days. Mr. Spencer moved that the rules be temporarily suspended to enable him to offer a resolution. The question was taken, by yeas and nays, on the suspension, ^two- thirds being necessary,) And decided in the negative 3 Kreider Lander Lasater Lemon Loekwood Logan Loudon McCallen McCully McClure Manly Markley T. A. Marshall Matheny Mieure Minshall Mr. MofFett Nichols Oliver Pace H. D. Palmer Pinckney Pratt Rives Robbins Roman Rountree Scates Shields Shumway Sibley Sim Singleton E. O. J. Smith Spencer Stadden Swan Thomas Trower Turn bull' Turner Tutt Tuttle Williams Witt White side Whitney Worcester Mr. President. Mr. Armstrong moved to substitute the following for the third sectioi "The justices of the supreme court shall be elected by the qualified v< ters of the state, on the first Monday of March after the adoption of thi article; returns whereof shall he made to the secretary of state, who shz count the same in the presence of the governor and auditor, or either them ; the three persons having the highest number of votes shall be elec ed." Mr. Singleton moved to amend the substitute by adding thereto following: ji And be forever ineligible to re-election." The question was taken, and decided in the negative. Mr. Pratt moved to amend the substitute by substituting therefor tl following: "The state shall be divided into three districts, as nearly equal in poj ulation as may be. The justices of the supreme court shall be elected the qualified electors of the state, one of whom shall be selected from, reside in each district." The question was taken, by yeas and nays, on the amendment to substitute, And decided in the negative IN ays, August 13.] JOURNAL OF THE CONVENTION. Those voting in the affirmative, are, 339 'r. Akin Allen Anderson Blair Blakely Bosbyshell Brown Butler Carter F. S. Casey Crain Dunlap Edmonson Evey Mr. Farwell Hawley Henderson Hurlbut Huston Jenkins] Jones Kreider Laughlin Linley Lockwood Me Cully McCluie McHatton Those who voted in the negative, are, r. Adams Armstrong Atherton Bond Brockman Caldwell J. M. Campbell Canady Z. Casey Church Churchill Constable R. J. Cross S. J. Cross * Dale D. Davis J. M. Davis T. G. C. Davis Dawson Deitz Dummer Dunsmore Eccles C. Edwards N. W. Edwards Fnck Graham Geddes H. R. Green P. Green W. B. Green Grimshaw Mr. Harding Harlan Harper Harvey Hatch Hay Hayes Hill Hoguc Holmes Hunsaker Jackson James Judd Kenner A. R. Knapp Knowlton Knox Lander Lasater Lemon Logan Loudon McCallenl F. S. D. Marshall T. A. Marshall Mason Matheny Mieure Miller Minshall Moffett Mr. Manly Markley Morris Nichols Oliver H. D. Palmer Pratt Scates Sharpe Shields Simpson Singleton j Whiteside. Mr. Moore Northcott Pace J. M. Palmer Pinckney Rives Robbins Robinson Roman Rountree Servant Sibley Sim E. O. Smith J. Smith Spencer tadden Swan Thomas Thornton Trower Turnbull Turner Tutt Tuttle Vance Webber West Williams Whitney Worcester Mr. President. The question was taken, by yeas and nays, on the adoption of the sub itute for the third section, And decided in the negative, - (Yeas. " (Nays, 60 77 340 JOURNAL OF THE CONVENTION. [Augu st 12 Those voting in the affirmative, are, Mr. Akin Anderson Armstrong Blair Bosbyshell Brockman Brown Butler J. M. Campbell Carter F. S. Casey Z. Casey Crain S. J. Cross Dale Dunlap Edmonson Evey Far well Harvey Mr. Hatch Hawley Henderson Hill Hoes Hogue Hunsaker Huston James Jenkins Kreider Lasater Laughlin Linley McCullj McClure McHatton Manly Markley Moore Those voting in the negative, are, Mr. Adams Atherton Caldwell Canady Church Churchill Constable R. J. Cross D. Davis J. M. Davis T. G. C. Davis Dawson Deitz Dutnmer Dunsmore Eccles C. Edwards N. W. Edwards Frick Graham Geddes H. K. Green P. Green W. B. Green Grimshaw Harding Mr. Harlan Harper Hay Hayes Holmes Hurlbut Jackson Jones Judd Kenner A. R. Knapp Knowlton Knox Lander Lemon Lockwood Logan Loudon McCallen F. S. D. Marshall T. A. Marshall Mason Matheny Mieure Miller Minshall Mr. Morris Nichols Oliver Pace J. M. Palmer Pratt Roman Rountree Scates Sharpe Simpson Singleton J. Smith Stadden Tutt Webber Witt Whiteside Worcester Mr. President. Mr. Moflett Northcott H. D. Palmer Pinckney Powers Rives Robbing Robinson Servant Shields Sibley Sim E. O. Smith Spencer Swan Thomas Thornton Trower Turnbull Turner TuUle Vance West Williams Whitnev. Mr. Geddes offered the following as a substitute for the third section "The governor shall nominate, and by and with the advice and cor gent of the senate, ( a majority of the senators elected concurring then in,) appoint the judges of the supreme court. Said judges shall hold the office for the term of nine year?, and until their successors shall be con missioned and qualified; Provided, that the office of one of the thrcj judges first appointed shall be vacated at the end of the three years; one at the end of six years, and of one at the end of nine years; to be d termined by lot by the said judges when they shall be commissioned ai August 13.] JOURNAL OF THE CONVENTION. 341 qualified; and after the terms of the first three judges shall have expired, as herein provided, the judges shall be appointed and commissioned for the term of nine years." On motion of Mr. Constable, The main question was ordered. The question was taken on the substitute, and decided in the negative. Mr. Kenner called for a division, so as to vote first on the adoption of so much of the section as is not included in the proviso. The question was taken, by yeas and nays, on ordering a division. And decided in the negative, Yeas, Nays, Those voting in the affirmative, are, 40 95 Mr. Adams R. J. Cross Deitz Dummer Eccles Gecldes P. Green W. B, Green Harding Harlan Harper Hawley Hay ' Hayes Mr. Holmes Hurl but Jackson Judd Kenner Lockwood F. S. D. Marshall T. A. Marshall Mason Matheny Miller Minshall Northcott Those voting in the negative, are, Mr. Akin Allen Anderson Armstrong Atherton Blair Blakely Bond Bosbyshell Brockman Brown Butler Caldwell J. M. Campbell Canady Carter F. S. Casey Z. Casey Church Churchill Constable Crain S. J. Cross Dale D. Davis J. M. Davis T. G. C. Davis Dawson Mr. Dunlap Dunsmore Edmonson C. Edwards N. W. Edwards Evey Frick Graham Grimshaw Harvey Hatch Henderson Hill Hoes Hogue Hnnsaker Huston James Jenkins Jones A. R. Knapp Knowlton Knox Kreider Lander Lasater Laughlin Lemon Mr.J. M. Palmer Pinckuey Rives Robinson Sibley Sim Thornton Trower Turnbuli Turner Tutt Tuttle Vance. Mr. Linley Logan Loudon McCallen McCully McClure McHattoa Manly Markley Mi cure" Moffett Moore Morris Oliver Pace H. D. Palmer Peters Powers Rob bins Roman Rountree Scates Servant Sharpe Shields Simpson Singleton Spencer 344 JOURNAL OF THE CONVENTION. [August 13. Mr. Stadden Swan Thomas Webber Mr. West Williams Witt Whiteside Mr. Whitney Worcester. Mr. President. The question was taken, by yeas and nays, on the adoption of the third section, And decided in the affirmative, Those voting in the affirmative, are, Mr. Adams Akin Allen Anderson Armstrong Athenon Blair Blakely Bond . Brockman Brown Butler Cal dwell J. M. Campbell Canady Church Churchill Constable- R. J. Cross D. Davis J. M. Davis T. G. C. Davis* Dawson Dummer Dunlap Dunsmore Eccles Edmonson C. Edwards N. W. Edwards Mr. Frick Graham Geddes H. R. Green P. Green W. B. Green Grimshaw Harlan Hawley Hay Heacock Hill Holmes Hurlbut Jackson Jenkins Jones A. R. Knapp Knowltoti Knox Lander Lemon Lockwood Logan Loudon McCallen F. S. D. Marshall T. A. Marshall Matheny Those voting in the negative, are. Mr. Bosbyshell Carter F. S. Casey Z. Casey Grain S. J. Cross Dale Deitz Evey Harwell Harding Harper Harvev Hatch" Hayes Henderson Hoes Hogue Mr. Hunsaker Huston James Judd Kenner Kreider Lasater Laughlin Linlin McCully McClure McHatton Manly Markley Mason Minshall Moor* Mr. Mieure Miller Moffett Morris Northcott H. D. Palmer Pinckney Powers Pratt Rives Robbins Robinson Roman Servant Shields Sim J. Smith Spencer Swan Thomas Trower Yance Webber West Williams Wittl Whitney' Worcester Mr. President. Mr. Oliver Pace J. M. Palmer Peters Rountree Scates Sharpe- Sibley Simpson Singleton Stadden Thorntos Turnbult Turner Tutt Tuttle White wde. 88 53 August 13.] JOURNAL OF THE CONVENTION. 343 Mr. Constable moved a reconsideration of the last vote taken. The question was taken, and decided in the oegative. Mr. Hogue moved to amend the fourth section by striking out the word "three,* 1 ' in the second and third lines, and to insert the word "two" in lieu thereof; to strike out the word "six, 15 in the second line, and to insert the word ''four 7 ' in lieu thereof; and to strike out (he word "nine," in the same line, and to insert in lieu thereof the word "six." Mr. Knowlton moved to substitute for the words " two," " four," ad "six," proposed to be inserted, the words "four," "eight," and twelve." On motion, The question was taken on striking out, and decided in the negative. The question was consecutively taken on the adoption of the fourth and fifth sections, and decided in the affirmative. Mr. Markley moved to amend the sixth section by striking out all after the word . Marshall Spencer Holmes T. A. Marshall Thomas Hurlbut Mason West Jackson Moffett Williams James Morris Mr. President Mr, Geddes moved that the same section, as amended, be further amend- ted by striking out the words "or places." The question was taken, and the amendment rejected. Mr. Constable moved to strike out the section, as amended, and to sub- stitute therefor the following: " The supreme court shall hold one term annually in each of the afore- said grand divisions, at such 'time and place in each grand division as shall be directed in this constitution, and the three grand divisions shall be as follows, to wit: " The counties of shall form the first division, and the supreme court shall be held at , in the county of [ "The counties of shall form the second division, and the supreme court shall be held at , in the county of * The counties of shall form the third division, and the supreme court shall be held at , in the county of ." Mr. T. A. Marshall moved to amend the substitute for the sixth sec- tion, by substituting therefor the following: " One term of the supreme court shall be held annually in each judi- cial? circuit, at such time and place as shall be provided."* The question was taken, by yeas and nays, on the adoption of the substitute for the substitute, > decided in the negative, * * " * Those voting in the affirmative, are, Mr. Armstrong Mr. P. Green Mr. Jenkins Blair Harding Kenner Bosbyshell Harlan Knowlton Broclunan Harvey Kreider Butler * Hatch Laughlin J. M. Campbell Hawley Linley Carter Henderson McClure Churchill Hunsaker McHatton 8. J. Cross Huston Manly Frick James Markley 316 JOURNAL OF THE CONVENTION. [August 13 Mr. T. A. Marshall Mr. Rives Mr. Singleton Miller Shields Spencer Moore Shumway Stadoen Morris Sim Trower Nichols Simpson Tutt. Powers Those voting in the negative, arc, Mr. AdamsJ Mr. Graham Mr. Oliver Akin Geddes Pace Allen W. P. Green H. D. Palmer Anderson Gregg J. M. Palmer Atherton Grimshaw Peters Blakely Harper Pinckney Bond Hayj Pratt Brown Hayes Robinson Caldwell Heacock Roman Canady Hill Rountree F. S. Casey Hogue Scates Z. Casey Holmes Servant Church Hurlbut Sharpe Colby Jackson Sibley Constable Jones J. Smith Crain Judd Swan R. J. Cross A. R. Knapp Thomas Dale Knox Thornton D. Davis Lander Turn bull J. M. Davis Lasater Turner T. G. C. Davis Lemon Tuttle Dawson Lockwood Vance Dummer Lo.;an Webber Dunlap Loudon West Dunsmore Me Cully Williams Eccles F. S. Ik Marshall Witt Edmonson Mieure Whiteside C. Edwards Minshall Whitney N. W. Edwards Moffett Worcester Evey Northcott Mr. President. Mr. Harvey called fora division, so as to vote first on striking out. The question was taken, and decided in the negative. The question was taken, by yeas and nays> on the adoption of t substitute offered by Mr. Harding, And decided in the negative, J^' J~ Those voting in the affirmative, are, Mr. Adams Mr. Church Mr. Harding Akin Constable Harper Allen Crain Hogue Atherton R. J. Cross Hunsaker Blakely S. J. Cross Jackson Brockman J. M. Davis Jenkins J. M. Campbell Dummer Kenner Canady Dunsmore A. R. Knapp Carter Frick Knox F. S. Casey Geddes Lander Z. Casey W. B. Green Lasater August 13.] JOURNAL OF THE CONVENTION. 347 Mr. Lemon Loudon McHatton Manly Mieure Minshall Nichols Oliver H. D. Palmer Pinckney Mr. Pratt Robinson Scates Shields Sibley Sim Simpson Swan Thornton Trower Those voting in the negative, are, Mr. Anderson Armstrong Blair Bond Bosbyshell Brown Butler Caldwell Churchill Colby Dale T. G. C. Davis Dawson Deitz Dunlap Eccles Edmonson C. Edwards N. W. Edwards Evey Graham P. Green Gregg Grimshaw Mr. Harlan Harvey Hatch Hawley Hay Hayes Heacock Henderson Hill Holmed Hurlbut Huston James Jones Judd Knowlton Kreider Laughlin Linley Lockwood Me Cully McClure Markley F. S. D. Marshall Mr. Turnbull Turner Tuttle Vance Webber West Witt Whiteside Whitney Worcester. Mr.ST. A. Marshall Miller Moffett Moore Morris Northcott Pace J. M. Palmer Peters Powers Rives Robbins Roman Rountree Servant Sharpe Shumway Singleton Spencer Sladden Thomas Tutt Mr. President. Mr. Eccles demanded the previous question. The question was taken, and decided in the negativet Mr. Hogue moved to substitute for the section the following: "The supreme court shall be held at the seat of government once or more in each year, at such time as the general assembly may direct." Mr. Harding moved to amend the substitute by substituting therefor the following: < " The supreme court shall hold one or more terms annually in but one place in each grand division." On motion of Mr. Powers, The main question was ordered, Those voting in the affirmative, are,. f twenty-seven on the Judiciary Department. Mr. Armstrong modified his proposed amendment by striking out the words "on the same day fixed for the ejection of other judicial officers," ind by inserting in lieu of them the words "as shall be provided by the general assembly." Mr. Archer moved to amend the amendment, as modified, by inserting ifter the word "associates," the words "the latter being justices of the >eace, to be drawn alternately from each precinct in the county." On motion of Mr. Constable, The main question was ordered. The question was taken upon the adoption of the amendment to the imeodment, and decided in the negative. The question was taken, by yeas and nays, upon the adoption of he modified amendment, And decided in the negative, NS' 8*2 23 35 i JOURNAL OF THE CONVENTION. [August Those voting in the affirmative, are, Mr. Armstrong Blair Blakely Bond Bosbyshell Brocktnan Churchill Grain Deitz frick W. B. Green Harding Harper Haw ley Henderson Mr. Hill Hoes Hogue Jackson Jenkins Judd Kreider Laugh 1m Lemon Linley McClure McHatton Markley F..S.D. Marshall Morris Those voting in the negative, are. Mr. Adams Akin Allen Anderson Archer Atherton Brown Butler Caldwell Carter F. S. Casey Z. Casey Church Constable R. J. Cross Dale D. Davis J. M. Davis T. G. C. Davis Daw son Dummer Dunsmore Eccles Edmonson C. Edwards N. W. Edwards Evey Graham Mr. Geddes H. R. Green P. Green Grimshaw Harlanj Harvey Hatch Hay Heacock Holmes Hunsaker Hurlbut Huston James Jones Kenner A. R. Knapp Knox Lander Lasater Lockwood McCallen McCully Manly T. A. Marshall Mason Mieure Miller Mr. Nichols Rives Robinson Sharpe Shields Singleton E. O. Smith Spencer Stadden Swan Turnbul? Tutt Vance Witt Wbiteside. Mr. Minshali Moifett Moore Northcott Oliver Pace J. M. Palmer Peters Pinckney Powers Robbins Roman Roantree Scates Servant Shurnway Sibley ' Sim Simpson Thomas Thornton Trower Turner Webber West Williams Worcester. The question was taken on the adoption of the 13th section, and decided in the affirmative. Mr. West moved to strike out the 14th section, and add instead of it, the following: "There shall be established in each county in this state a court of pro- bate, which shall be a court of record, to consist of one officer, who shall be elected by the qualified voters of the counties respectively, and be styled the "judge of probate, whose compensation shall be regulated by law. "The courts of probate shall have jurisdiction in matters relating to the settlement of the estates of deceased persons, executor?, administrators August 14.] JOURNAL OF THE CONVENTION. 355 and guardians, and such other jurisdiction as may be assigned to them by law." Mr. J. M. Palmer moved to amend the amendment by adding to it: "And the justices of the peace of the counties in this state shall be di- vided into four classes, by lot, and one of said classes shall sit with said judge of probate at each quarterly term for the transaction of county business; Provided, all the justices of the peace of the counties shall be entitled to seats in said couit, but only the class required to sit in said_ court shall receive compensation for their services." Which amendment to the amendment was rejected. The question was taken, by yeas and nays, upon the adoption of the amendment, And decided in the affirmative, } M ' (i\iays, Those voting in the affirmative, are, Mr. Akin Armstrong Fanvell Frick H. R. Green W. B. Green Harper Hay Hayes Mr. Hill Hoes Hogue Jackson Judd Kenner Mason Oliver Those voting in the negative, are, Mr. Adams Allen Anderson Archer Atherton Blair Blakely Bond Bosbyshell Brockman Brown Butler Caldwell Carter F. S. Casey Z. Casey Church Churchill Constable R. J. Cross Dale D. Davis J. M. Davis Dawson Deitz Dummer Dunsmore Eccles Edmonson C. Edwards Mr. N. W. Edwards Evey * Graham Geddea Gregg P. Green Grimshaw Harding Harlan Harvey Hatch Hawley Henderson Holmes Hunsaker Hurlbut Huston James Jones A. R. Knapp Kriox Kreider Lasater Laughlin Lemon Linley Loudon McCallen Me Cully McClure 25 100 Mr. J. M. Palmer Powers Robinson Scales Sim Spencer Stadden West. Mr. McHatton Manly Mark ley F. S. D. Marshall T. A. Marshall Mieure Miller Minshall Moffett Moore Morris Nichols Northcott Pace Peters Pinckney Pratt Rives Robbins Roman Rountree Servant Sharpe Shields Shumway Sibley Simpson Singleton E. O. Smith J. Smith 356 JOURNAL OF THE CONVENTION. [August 14. Mr. Swan Mr. Turner Mr. Whiteside Thomas Vance Whitney Thornton Webber Worcester. Trower Williams The question was taken on the adoption of the 14th section, and decided in the affirmative. Mr. Scates moved to postpone the consideration of the 15th. 16th and 17th sections for the present. The question was taken, and decided in the negative. Mr. Robbins moved to amend the 15th section by adding thereto: "Special pleadings in the county court in relation to matters of pro- bate and in relation to county business shall not be required." The question was taken, and decided in the negative. Mr. Shields moved to amend the 15th section, by striking out all after the word "probate," and by inserting in lieu thereof the following: t; And all county business with such other business as the legislature may impose." The question was taken and decided in the negative. Mr. Armstrong moved to amend the 15th section by striking out all after the word "where," in the 3d line, and to insert in lieu thereof the words "the offence is not capital or punishable by imprisonment in the penitentiary." The question was taken, and decided in the negative. On motion of Mr. Caldwell, The same section was amended by striking out the words "matters of," and the word "with," in the first line, and by inserting in lieu of the word "with," the word "and." Mr. Deitz moved to amend the same section by striking out all after the won) "law," in the the third line. The question was taken, and decided in the negative. Mr. Farwell moved that the 15t.h section be amended by adding thereto the following: "Provided, that no lawyer shall in any case be permitted to practice in such court." On motion of Mr. Constable, The amendment was laid on the table, jjy^g' Those voting in the affirmative, are, Mr. Adams Mr. F. S. Casey Mr. Eccles Allen Zadok Casey Etimonsoa Anderson Church C. Edwards Archer Churchill N. W. Edwards Atherton Constable Evey Blair Grain Graham Blakely R. J. Cross Geddes Bond Dale P. Green Bosbyshell D. Davis W. B. Green Brown J. M. Davis Gregg Butler Dawson Grimshaw Caldwell Deitz Harding J. M. Campbell Dummer Harlan Dunsmore Harper August 14] JOURNAL OF THE CONVENTION. 357 Mr. Hatch Hawley Hay Hayes Heacock Henderson Hill Ho^ue Holmes Hunsaker Hurlbut Huston Jackson James Jenkins Jones Kenner A. R. Knapp Knox Kreider Lasater Laughlin Lemon Linley Lockwood Logan Mr. McCallen McCully McClure McHatton Manly Markley F. S. D. Marshall T. A. Marshall Mieure Miller Minshall Moffett Moore Morris Nichols Northcott Oliver Pace J. M. Palmer Peters Pinckney Pratt Rives Bobbins Robinson Those voting in the negative, are, Mr. Akin Armstrong Brockman Carter Colby Mr. S. J. Cross Farwell Frick Harvey Judd Mr. Roman Rountree Servant Sharp e Sibley Sim Simpson E. O. Smith J. Smith Spencer Stadden Swan Thomas Thornton Trower Turnbull Turner Tutt Vance Webber West Williams Witt Whiteside Worcester. Mr. Lander Mason Scates Shields Singleton/ Mr. Adams moved the previous question. On motion, The convention adjourned to three o'clock. P. THREE O'CLOCK, p. M. The convention assembled pursuant to adjournment On motion of Mr. Shields, A call of the convention was ordered. The call was proceeded in for some time, when it appeared that the following members were absent, viz: Messrs. Archer, Ballingali, Bosbyshell, Bunsen, T. Campbell, Canady, Choate, Colby, Constable, T. G. C. Davis, Dement, Dunlap, Dunn, Far- well, II. R. Green, W. B. Green, Gregg, Hatch, Hayes, Heacock, Hoes, Jones, Judd, Kenner, S. Kinney, W. G. Kinney, Kitchell, N. M. Knapp, Linley, Logan, Loudon, Matheny, Miller, Northcott, Norton, Pace, 1L >. Palmer, Servant, Sharpe, Sherman, Thompson,Tuttle, Vernor, Wead, Woodsori and Mr. President. 46* On motion of Mr. Mieure, Mr. H. D. Palmer was excused in consequence of illness. On motion of Mr. Geddes, Mr. H. R. Green was excused in consequence of illness. 358 JOURNAL OF THE CONVENTION. [August 14, On motion of Mr. Armstrong, Further proceedings under the call were dispensed with. The question pending when the convention adjourned, was on order- ing the main question. The question was taken and the main question ordered. The question was taken, by yeas and nays, on the adoption of the 15th section, as amended, (Yeas And decided in the affirmative, < M * (i\ays, Those voting in the affirmative, are, Mr. Adams Allen Anderson Atherton Blair Butler Caldtvell J. M. Campbell Carter F. S. Casey Z. Casey Church Constable R. J. Cross S. J. Cross Dale D. Davis J. M. Davis Dawson Dummer Dunsmore Eccles Edmonson C. Edwards N x . W. Edwards Evey Graham Mr. Geddes P. Green Grimshaw Harlan Hawley Hay Heacock Henderson Holmes Hunsaker Hurlbut Huston James Jones Knowlton Knox Lander Laughlin Lemon Lockwood Logan McCallen McCully McHatton Manly F. S. D. Marshall 79 45 Mr. T. A. Marshall Mieure Minshall Moffett Morris Nichols Pace Peters Pinckney Pratt Rives' Robbins Roman Rountree Servant Shumway Simpson J. Smith Spencer Swan Thomas Thornton West Williams Whites ide Worcester. Those voting in the negative, are, Mr. Akin Archer Armstrong Blakely Bond Brockman Brown Churchill Grain Deitz Frick Harding Harper Harvev Hill * Mr. Hogue Jackson Jenkins Judd A. R. Knapp Kreider Lasater MeClure Markley Mason Moore Oliver J. M. Palmer Powers Robinron Mr. Scates Shields Sibley Sim Singleton E. O. Smith Stadden Trower Turnbull Turner Tutt Vance Webber Witt Whitney. >usl 14.] JOURNAL OF THE CONVENTION. 359 On motion of Mr. E. O. Smith, The sixteenth section was amended by striking out the words "desig- tated by law," in the first line, and by inserting in lieu thereof the words ; to be chosen in the same manner as the county judge," The question was taken, by yeas and nays, And decided in the affirmative, 60 Those voting in th affirmative, are, Mr. Adams Akin Archer Armstrong Blair Blakely Bond Brockman Brown J. M. Campbell Church Churchill Crain R. J. Cross S. J. Cross Dawson Dunsmore Fnek Grimshaw Harding Harper Harvey Hawley Mn Hay Henderson Hill Hogu Huston Jackson Jenkins Judd Kreider Lander Lasater Laughlim Lemon Linley McClute McHatton Markley T. A. Marshall Mason . Mieure Moffett Moore Morris Those who voted & the negative, are, Mr. Allen Andersen Atherton Butler Caldweli Carter F. S. Casey Z. Casey Constable Dale D. Davis J. M. Davis Deitz Dummer Edmonson C. Edwards N. W. Edwards Evey Graham Geddzs Mr. P. Green Harlan Hatch Heacoclc Holmes Hunsaker Hurlbut lames Jones Knowltoa Knox Lockwood Logan McCallen Me Cully Manly F. S. D. Marshall Matheny Minshall Nichols Mr. Oliver Pace Powers 'Rives RobinsoR Scales Sharpe Shields Shumway Sim Simpson Singleton E. O. Smith. Stadden Trower Turnbull Turner Tutt Vance West Williams Whitney. Mr. Northcott H. D. Palmer J. M. Palmer Peters Pinckney Pratt Robbins Roman Rountree Servant Sibley J. Smith Spencer Swan Thomas ThorntoR Webber Witt Whiteside Worcester, JOURNAL OF THE CONVENTION. [August On motion of Mr. Jones, The same section was amended by striking out the words "or more, 1 ! in the first line/' The question was taken, by yeas and nays,. And decided in the affirmative, Those voting in the affirmative, are, Mr. Akin Mr. Hatch Mr. Morris Allen Havvley Nichols Anderson Henderson Northcott Archer Hill Oliver Blair Hogue Pace Blakely Holmes Powers Bond Huston Robinson Bosbyshell Jackson Scates Brown Jenkins Sharpe J. M. Campbell Jones Shields F. 8. Casey Judd Sim Colby Knox Simpson Grain Ereider Singleton R. J. Cross Lander E. O. Smith Dawson Laughlin, Stadden Dunsmore Lemon Swan Edmonson Linley Turnbuli Frick Loudon Turner P. Green McClure Tott Gregg McHatton Vance Grimshaw Markley Webber Harding F. S. D. Marshall Whitney Harper Mason Worcester, Harvey Moore Those voting in the negative, are,. Mr. Adams Mr. Graham MivH. D. Palmer Armstrong Geddes J. M. Palmes Atherton Harlan Peters Brockman Hay Pinckney Butler Heacock Pratt Carter Hunsakes Eives Z. Casey Hurlbut Bobbins Church James Eoman Churchill Knovvltor* Rountree Constable Lasater Servant S. J. Cross Lockwood Shumway Dale Logan Sibley ' D. Davis McCallen Spencer J. M. Davis McCully Thomas T. G, C. Davis Manly Thornton Deitz T. A. Marshall Trower Dummer Mieure Williams C. Edwards Miller Witt N. W. Edwards MinshalJ Whitesfde. Evey Moffett 71 59 Mr. Singleton moved to amend the 16th section, as amended, by sfrikinj out the words, "with two justices of the peace, to be chosen in the sam< manner as the county judge," and to add to the word "judge," the lett< August 14.] JOURNAL OF THE CONVENTION. 361 "s," and also to add immediately thereafter the words "consisting of the justices of the peace/' The question was taken, and decided in the negative. Mr. N. W. Edwards moved to amend the same section by inserting be- fore the word "shall," in the first line, the words "and as rriany more justices of the peace as may be designated by law." The question was taken, and decided in the negative. Mr. Brown moved to amend the section by striking out the proviso. The question was taken, by yeas and nays, And decided in the affirmative, ersonal and real property within this state, to be ascertained by valua- ion, the proceeds of which shall be applied to the payment of the indebt- dnessof the state; Provided, said tax shall be levied no longer than is lecessary to discharge the principal and interest due and to become due n the present state debt. On motion of Mr. Armstrong, The report was laid on the table, and 250 copies ordered to be printed r the use of the convention. 381 JOURNAL OF THE CONVENTION. [August U On motion of Mr. Constable, The rules were temporarily suspended to enable him to offer a resell tion, when he offered the following: Resolved, That a committee of one from each judicial circuit of th state be appointed to prepare an address, to be submitted to the people this state in connection with the proposed constitution. The question was taken, by yeas and nays, on the adoption of the res< lution, And decided in the affirmative, (Nays, Those voting in the affirmative, are, Mr. Adams Mr. W. B. Green Akin Harlan Allen Harper Anderson Harvey Archer Hawley Atherton Hay Bond Hayes Z. Casey Henderson Church Hill Churchill Hurlbut Colby Jackson Constable Jones R. J. Cross A. R. Knapp Dale Knowlton D. Davis Knox J. M. Davis Lander Deitz Lemon Dummer Loudon Dunsmore McCallen C. Edwards McClure N. W. Edwards Manly Evey T. A. Marshall Frick Mason Grarram Matheny Geddes Mieure H. R. Green Miller P. Green Minshall Those voting in the negative, are, Mr. Armstrong Mr. Hatch Ballingall Blair Heacock Hogue Blakely Holmes Bosbyshell Hunsaker Broekman Huston Butler James Caldwell Judd J. M. Campbell Kreider T. Campbell Lasater Carter Laughlin F. S. Casey Linley Choate McCully Crain McHatton T. G. C. Davis Markley Farwell Moffett Grimshaw Moore Harding Morris 80 55 Mr. Northcott H. D. Palmer J. M. Palmer Peters Pinckney Pratt Rives Scates Servant Sherman Sibley Sim Spencer Stadden Swan Thompson Thornton Trower Turnbull Vance Webber West Witt Whiteside Woodson Worcester. Mr. Nichols Oliver Pace Powers Robbins Robinson Roman Rountree Sharpe Shurnway Simpson Singleton E. O. Smith J. Smith Tutt Wead Whitney Mr. President. l-tgust 16.] JOURNAL OF THE CONVENTION. 365 Ordered, That Messrs. Constable. T. G. C. Davis, Dale, T. Campbell, r. S. D. Marshal], Wead, Dawson, Knowlton, and Ballingall be that com- littee. Mr. Wead, on leave, presented the petition of John P. Boice, and tvven- y-ninc others, citizens of Fulton county, praying that an article may be oserted in the new constitution prohibiting the creation of banks and the irculation of bank paper. On motion of Mr. Wead, , The petition was referred to a select committee of nine. Ordered, That Messrs. Wead, Bosbyshell, Z. Casey, Williams, J. Smith, sltadden, T. Campbell, J. M. Davis, and R. J. Cross be that committee. The convention resumed the consideration of the report o the select lommittee of twenty-seven on the Judiciary Department. I Mr. Constable offered the following, to be prefixed to the 17th section: '-The county judge, with such justicee of the peace in each county as ay be designated by law, shall hold terms for the transaction of county jsiness, and shall perform such other duties as the general assembly shall rescribe; Provided, the legislature may require that two justices, to be losen by the qualified electors of each county, shall sit with the county dge in all cases; and." Mr. Witt moved to substitute the following for the amendment: "Provided, That the legislature may provide by law for the organiza- on of a different court for the purpose of transacting county business." Mr. Akin moved to lay the amendment and substitute on the table. Mr. llountree called fora division, so as to vote first on laying the sub- itute on the table. The question was taken, and the substitute was laid on the table. Mr. Akin withdrew the motion to lay the amendment on the table, and iOved the previous question. The question was taken, and the previous question ordered. Mr. Constable modified his amendment by substituting for the word biennially," the word "quadrennially," in the "first line of the 17th see- on. The question was taken, by yeas and nays, upon the adoption of the mendment, as modified, And decided in the affirmative, fs' Those voting in the affirmative, are, fr. Adams Mr. Constable Mr. C. Edwards Allen R. J. Cross N. W. Edwards Anderson Dale Evey Atherton D. Davis Graham Bosbyshell J. M. Davis Gedtles Brown T. G. C. Davis H. R. Green Butler Dawson P. Green Caldwell Deitz W. B. Green F. S. Casey Duramer Harlan Z. Casey Dunsmore Hay Church Eccles Heacock 366 JOURNAL OF THE CONVENTION. [August 16, Mr. Hill Hogue Hunsaker Hurlbut Huston James Jones A. R. Knapp Knowlton Lander Lasater Logan Loudon McCallen McCully McHatton Mr % F. S. D. Marshall 'Matheny Mieure Miller Minshall Moffett Nichols Pace H. D. Palmer J. M. Palmer Peters Pinckney Pratt Rives Robbins Roman Those voting in the negative, are Mr. Akin Archer Armstrong Ballingall Blair Blakely Bond Brockman J. M. Campbell Carter Choate Churchill Colby Grain Farwell Frick Grimshaw Harding Harper Harvey Mr. Hatch Hawley Hayes Henderson Hoes Jackson Jenkins Judd S. Kinney Knox Kreider Laughlin Lemon Linley McClure Manly Markley . Mason Moore Morris Mr. Rountree Servant Sharpe Shumway Sibley ' J. Smith Spencer Swan Thornton Webber Williams Whiteside Whitney Woodson Mr. President. Mr. Northcott Oliver Powers Robinson Scates Shields Sim Simpson Singleton Stadden Thompson Turnbull Turner Tutt Vance Wead West Witt Worcester. The question was taken, by yeas and nays, on the adoption of the sec tion, as amended, And decided in the affirmative, (Yeas, ( Nays, 79 55 Those voting in the affirmative, are, Mr. Adams Allen Anderson Atherton Bosbyshell Butler Caldwell F. S. Casey Z. Casey Choate ' Church Churchill Colby Constable Mr. R. J. Cross Dale D. Davis J. M. Davis T. G. C. Davis Dawspn Deitz Dummer Dunsmore Eccles N. W. Edwards C. Edwards Evey Graham Mr. Geddes H. R. Green P. Green W. B. Green Harlan Hay Heacock Hill Hogue Hunsaker Hurlbut James Jones S. Kinney August 16.] JOURNAL OF THE CONVENTION. 3G7 Mr. A. R. Knapp Knowlton Lemon Logan McCallen McCully McHatton F. S. D. Marshall T. A. Marshall Matheny Mieure Miller Minshall Mr. Moffett Nichols H. D. Palmer J. M. Palmer Peters N Pinckney Pratt Rives Robbins Roman Rountree Servant Those voting in the negative, are. fr. Akin Armstrong Ballingall Blair ' Blakelyj Brock man Brown J. M. Campbell Carter Grain Farwell Frick Grimshaw Harding Harper Harvey Hatch Hawley Hayes Mr. Henderson Hoes Holmes Huston Jackson Jenkins Judd Knox Kreider Lasater Laughlin Linley Manly Markley Mason Moore Morris Northcott Mr. Shu m way Sibley Simpson Spencer Swan Thornton Webber Williams Whiteside Whitney Woodson Mr. President; Mr. Oliver Pace Powers Robinson Scates Shields Sim Singleton E. O. Smith Stadden Thompson Turner Tutt Vance Wead West Witt Worcester. Mr. Armstrong moved the following as an additional section, to follow fiction 17: "SEC. . The general assembly shall have power to re-organize the ounty court, provided for in this article, and vest its jurisdiction in one r more tribunals, to consist of such officer or officers as shall be provided j law.*' Mr. West moved the following as a substitute: " That in all cases where the population in a county, according to the ensus of the county as last taken, shall exceed 10,C00 inhabitant?, the ffice of recorder shall be a separate and distinct office.", On motion, The convention adjourned until 2 o'clock, p. M. TWO O'CLOCK, p. M. The convention assembled pursuant to adjournment. On motion of Mr. J. M. Campbell, A call of the convention was ordered. The call was proceeded in for some time, when it appeared that the fol- gentlemen were absent, viz: 368 JOURNAL OF THE CONVENTION. August 16. Messrs. Ballingall, Bosbyshell, Brown, Bunsen, Canady, Grain, S. J. Cross, T. G. C. Davis, Dement, Dunlap, Dunn, Kdmonson, Farwell,Ged- des, Gregg, Harding, Harvey, Hawlcy, Jackson, Judd, W. C. Kinney, Kitchell, A. R. Knapp, N. M. Knapp, Knowlton, Linley, Lockvvood, Lo- gan, Mason, Matheny, Northcott, Norton, Oliver, Peter?, Pinckney, Pratt, Servant, Sherman, J. Smith. Thomas, Thompson, Thornton, Turner, Tutt, Tuttle, and Vance 46. On motion of Mr. Armstrong, Further proceedings under the call were dispensed with. The question pending when the convention adjourned this morning, was on the substitute olFered by Mr. West for the additional section of- fered by Mr. Armstrong. On motion of Mr. Shields, The main question was ordered. The question was taken, by yeas and nays, on the substitute for the additional section, And decided in the negative, 45 94 Those voting in the affirmative, arc, Mr. Adams Akin Allen Anderson Atherton Butler Church R. J. Cross J. M. Davis Deitz Dummer C. Edwards Evey W. B. Green Heacock Hurl but Mr. Huston Jackson Jones Judd Kenner S. Kinney A. R. Knapp Knowlton Linley Logan Loudon Me Cully Markley F. S. D. Marshall Miller Those voting in the negative, are, Mr. Archer Armstrong Ballingall Blair Blakely Bond Bosbyshell Brock man Brown Caldwell J. M. Campbell T. Campbell Carter F. S. Casey Z. Casey Choate Churchill Mr. Colby Grain Dale D. Davis Dawson Dunsmore Eccles N. W. Edwards Farwell Frick Graham Geddes H. R. Green P. Green Grimshaw Harding Harlan Mr. Minshall Moffett Moore Nichols J. M. Palmer Pinckney Robinson Roman Rountree Sharpe Sibley Swan West Williams Whitney. Mr. Harper Harvey Hatch Hayes Henderson Hill Hogue Holmes Hunsaker James Jenkins Knox Kreider Lander Lasater Laugh 1 in Lemon ugust 16.] JOURNAL OF THE CONVENTION. 369 r. Lin ley McCalkn McClure McHatton Manly T. A. Marshall .Mason Matheny Mieure Morris Northcott Oliver Pace H. D. Palmer Peters Mr. Powers Pratt Rives Robbins Scales Shields Shumway Sim Simpson Singleton K O. Smith J. Smith Spencer Stadden Mr. Thornton Trower Turnbull Turner Tutt , Vernorv Wead ' Webber Witt Whiteside Woodson Worcester Mr. President The question was taken, by yeas and nays, on the adoption of the ditional section offered by Mr. Armstrong, And decided in the negative, < Yeas. 64 74 Those voting in the affirmative, are, , Archer Armstrong BalliRgall Blair Blakely Bosbyshel! Brockman Brown Cal dwell T. Campbell Carter F. S. Casey Z. Casey Choate Churchill Crait* Dawson Farwell Frick Graham W. B. Green Gregg Mr. Grimshaw Harper Harvev Hatch* Hay Hayes Hendersoa Hill Holmes Jenkins Jones Kr eider Lander Laughlia Loudon McCully McClure McHattoa Markley Mason Moore Mr. Mom's Oliver Pace H. D. Palmer Peters Powers Robinson Scates Sharpe Shields Sim Simpson Singleton J. Smith Stadden Turnbull Tutt Vernor Wead Witt Mr, President. Those voting in the negative, are, Adams Akin Allen Anderson Atherton Bond Butler J. M. Campbell Church Colby R. J. Cross Dale D. Davis 24 Mr, J. M. Davis Dumnaer Dunsmore Eccles C. Edwards N. W. Edwards Evey Geddes H. R. Green P. Green Harding Harlan Heacock Mr. Hogue Hunsaker Hurlbut Huston Jackson James Judd Kenner S. Kinney A. R. Knapp Knowlton Knox Lasator 370 JOURNAL OF THE CONVENTION. [August Mr. Lemon Linley Logan Me Caller* Manly F. S. D. Marshall T. A. Marshall Matheny Mieure Miller Minshall Moffett Mr. Northcott Pinckney Pratt Rives Robbins Roman Rountree Servant Shumway Sibley E O. Smith Speneep Mr. Swan Thornton Trower Turner Vance Webber Williams Whiteside Whitney W oodson Worcester. Mr. Powers offered the following as an additional section: "SEC. . That in all cases where the population in a county, acco ing tc the census of the county as last taken, shall exceed 112,000 inha tants, U.e office of recorder may be a separate and distinct office." Mr. II. R. Green moved to amend the additional section by striking the figucs 4< 1 2,000," and inserting in lieu thereof the figures " 8,000. A division being called for. The question was taken, by yeas and nays, on striking out " 12,000, And decided in the affirmative, Those voting in the affirmative, are, Mr. Allen Armstrong; Ballingali Blair Blakely Bond Brockman Z. Casey Choate Churchill Colby drain R. J. Cross Dale D. Davis Dawson Deilz Eccles C. Edwards Friclc Graham H. R. Green P. Green Harlan Harper Hay Mr. Hayes Heacock Henderson Hill . Hogue Holmes Hurlbut Huston- Jackson Jenkins Jones Kenner S. Kinney Knowlto n- Kreider Lander Laughlin Linley Logan Loudon* McClure Manly Markley F. S. D. Marshall T. A. Marshall Mieure Those voting in the negative, are, Mr. Akin Anderson Archer Atherton Bosbyshell Mr. Brown Butler Caldwell J. M. Campbell T. Campbell Mr. Miller Moore Oliver J. M. Pal men Powers Robinson Roman Scates Sharpe Sibley Sim Simpson E. O. Smith Spencer Stadden Thornton Trower Tutt Yance Vernor Witt Whiteside Whitney Woodson Worcester Mr. President. Mr, Carter F. S. Casey Church J. M. Davi* Dumiaer August 16.] JOURNAL OF THE CONVENTION. 371 Mr. Dunsmore N. W. Edwards Evev Farwell Geddes W. B. Green Grimshaw Harding Harvey Hatch Hunsaker James Judd Knox Mr. Lasater Lemon McCallen Me Cully Me Hat ton Matheny Minshall Moffett Morris Northcott Pace H. D. Palmer Peters Pinckney Mr. Pratt Rives Robbins Rountree Servant Shields Sh urn way J. Smith Turnbull Turner Wead Webber West Williams. Mr.T. A. Marshall moved to fill the blank with 15,000. Mr. Witt moved 10,000. Mr. McCallen moved 9,999. Mr. Vance moved 9,000. Mr. Sp'encer moved 5,000. Mr. Brockman moved 3000. Mr. E. O. Smith moved 1,000, Mr. Eccles moved to lav the additional section and amendments on the table. The question was taken, by yeas and nays, And decided in the negative, Those voting in the affirmative, are, 43 89 Mr. Akin Archer Brown Caldwell Carter Z. Casey Dumraer Eccles N. W. Edwards Geddes H. R. Green P. Green Harding Harlan Harper Mr. Hunsaker Jackson James Lasater Lemon Logan Manly Matheny Mieure Minshall Morris Northcott H. D. Palmer Peters Those voting in the negative, are, Vfr. Allen Anderson Armstrong Atherton Ballingall Blair Blakely Bond Bosbyshell Brockman Butler Mr.T. Campbell F. S. Casey Choate Church Churchill Colby Grain R. J. Cross Dale D. Davis J. M. Davis Mr, Pratt Rives Robbins Roman Rountree Servant Singleton J. Smith Thompson Thornton Turnbull Vance Webber Woodson. Mr. Dawsort Deitz Dunsmore C. Edwards Frick Graham W. B. Green Gregg Grimshaw Harvey Hatch 372 JOURNAL OF THE CONVENTION. [August 16, Mr, Hay Mr. Laughlin Mr. Sibley Hayes Linley Sim Heacock Loudon Simpson Henderson McCallen E. O. Smith Hill McCully Spencer Hogue McClure Stadden Holmes McHatton Trower Hurlbut Markley Turner ^Huston Miller Tutt Jenkins, Moffett Vernor Jonea Moore Wead Judd Nichols West Kenner J. M. Palmer Williams S. Kinney Pickney Witt A. R. Knapp Powers Whiteside Knowlton Robinson Whitney Knox Scates Worcester Kreider Sharpe Mr. President. Lander Shields The question was taken on inserting 15,000, and decided in the nega live. The question was taken on inserting 10,000, and decided in the nega- tive. The question was taken on inserting 9,999, and decided in the nega- tive ; On motion of Mr. F. S. D. Marshall, The main question was ordered. The question was taken on inserting 9,000, and decided in the nega- tive The question was taken on inserting 8,000, and decided in the nega- tive. The question was taken, by yeas and nays, on inserting 5,000, ( Yeas, . . 61 And decided in the negative, j j\j ay? 79 Those voting in the affirmative, are, Mr. Allen Mr. Harvey Mr. Miller Armstrong Hatch Moffett Ballingall Hay Moore Blair Hayes Nichols Brockman Henderson Oliver Butler Hill Pinckney J. M. Campbell Hogue Powers T. Campbell Huston Robinson Carter Jackson Sharpe Z. Casey Jones Shields Churchill Knowlton Sibley Colby Laughlin Simpson Crain Lemon J. Smith T. G. C. Davis Linley Spencer Deitz Loudon Stadden Dunsmore McClure Vance Frick McHatton Vernor Graham Markley Witt W. B. Green F. S. D. Marshall Whitney Gregg Mason Mr. President. Harper August 16.] JOURNAL OF THE CONVENTION. 373 Those voting in the negative, are, Mr. Adams Akin Anderson Archer Atherton Blakely Bond Bosbyshell Brown Caldwell F. S. Casey Choate Church Constable R. J. Cross Dale D. Davis J, M. Davis Dawson Dummer Eccles N. W. Edwards C. Edwards Evey Geddes H. R. Green P. Green Mr. Grimshaw Harding Harlan Hawley Hunsaker Hurlbut James Jenkins Kenner S. Kinney A. R. Knapp Kr.ox Kreider Lander Lasater Logan McCallen McCully Manly T. A. Marshal! Matheny Mieure Minshall Morris Northcott Pace Mr. H. D. Palmer J, M. Palmer Peters Pratt Rives Robbins Roman Rountree Scates Servant Sim E. O. Smith Swan Thompson Thornton Trower Turnbull Turner Tutt Wead Webber West Williams Whiteside Woodson Worcester. The question was taken on inserting 3,000, and decided in the nega- 1 *rrk ;ive. Mr. Marldey moved to reconsider the vote ordering the main question. The question was taken, and decided in the negative. The question was taken, by yeas and nays, on inserting 1,000, And decided in the negative, n the motion made by Mr. Woodson, to lay the amendment to the 21st section, proposed by Mr. Archer, on the table. Mr. Woodson withdrew the motion. The question was taken, by yeas and nays, on the adoption of the irnendment, And decided in the affirmative, ^ ea8 ' .... i\as, ul 388 JOURNAL OF THE CONVENTION. [August I' Those voting in the affirmative, are, Mr. Adams Mr. Hatch Mr. Markley Allen Hawley T. A. Marshall Anderson Hayes Mieure Archer Heacock Miller Armstrong Henderson Moore Atherton Hill Nichols Ballingall Hoes J. M. Palmer Bosbyshell Hogue Pinekney Brockman Holmes Powers J. M. Campbell Hunsaker Pratt Church Huston Roman Churchill Jackson Rountree R. J. Cross James Sharpe J. M. Davis Jones Shields T. G. C. Davis Kenner Simpson Dunsmore S. Kinney Spencer Eccles W. M. Knapp Stadden Evey Knox Turner Frick Kreider Tutt Geddes Lander Wead P. Green Lasater Webber W. B. Green Laughlin- Whiteside Gregg McClure "Whitney Harding 9 McHatton Worcester Harlan Manly Mr. President. Harvey Those voting in the negative, are, Mr. Akin Mr. Harper Mr. Robinson Blakely Hurlbut Scates Bond Jenkins Servant Brown Judd Shumway Caldwell Knowlton Sibley T. Campbell Lemon Sim F. S. Casey Loudon Singleton Z. Casey McCallen E. O. Smith Choate Me Cully J. Smith Craia F. S. 1). Marshall Swan Dale Mason Thomas D. Davis Minshall Thompson Dawson Moffett Thornton Deitz Morris Trower Dummer Oliver Vance C. Edwards Pace Vernor N. W. Edwards H. D. Palmer West Farwell Peteis Williams Graham Rivas Witt H. R. Green Robbing Woodson. Gnmshaw Mr. Servant moved to amend the section, as amended, by adding then the following proviso: "Provided, that the only compensation of county attorneys be fees, to collected from the defendant in criminal prosecutions; not to exce live dollars in each case." The question was taken, and decided in the negative. Th3 question was taken, by yeas and nays, on the adoption of section, as amended, And decided in the affirmative, JAi^ 5 August 17.] JOURNAL OF THE CONVENTION. 389 Those voting in the affirmative, are, Mr. Adams Allen Anderson Archer Armstrong Atherton Ballingall Bond Bosbyshell Brockman Brown Butler Caldwell Carter Choate Churchill Colby Grain R. J. Cross Dale J. M. Davis T. G. C. Davis Deitz Eccles Evey Geddes P. Green W. B. Green Gregg Harding Mr. Harlan Harper Harvey Hatch Hawley Hayes Heacock Henderson Hill Hoes Hogue Holmes Hunsaker Huston Jackson James Jones Kenner N. M. Knapp Knox Kreider Lander Lasater Laugh lin Logan McClure McHatton Manly Mark'ley Those voting in the negative, are, r. Akin Blakely J. M. Campbell T. Campbell F. S. Casey Z. Casey D. Davis Dawson Dummer C. Edwards N. W. Edwards Farwell Frick Graham H. R. Green Grimshaw Hurl but Mr. Jenkins Judd S. Kinney A. R. Knapp Knovvlton Lemon McCallen McCully F. S. D. Marshall Mason Minshall Morris Pace H. D. Palmer Peters Rives Mr. Mathenf Mieure Miller Moffett Moore Oliver Pinckney Powers Pratt Roman Rountre Scates Shields Simpson J. Smith Spencer Stadden Swan Thompson Turner Tutt Wead Webber Williams Whiteside Whitney Worcester Mr. President, Mr. Robbing Robinson Servant Sharpe Shumway Sibley Sim E. 0. Smith Thomas Thornton Trower Vance Vernor West Witt Woodson, On motion of Mr. Thomas, The 22 d section was amended by striking out the 4th and 5th lines. On motion of Mr. Thornton, The same section was amended by striking out the word "commission- ed," in the second line, and by inserting in lieu thereof the word elected." Mr. Markley moved to reconsider the vote taken on striking out the ast two lines of the same section. 390 JOURNAL OF THE CONVENTION. [August 17. The question was taken, and decided in the negative. Mr. Thomas moved to amend the same section, as amended, by adding the following proviso: "Provided, that no person shall be eligible to the office of clerk of any circuit court who shall not have obtained a certificate from the supreme court, stating that he is qualified to perform the duties of the office." On motion of Mr. Akin, The amendment was laid on the table. On motion of Mr. Whiteside, The same section, as amended, was further amended by adding the following: "The clerks of the supreme court shall be elected in each division by the qualified electors thereof, for the term of six years, and until theii successors are elected and qualified, whose duties and compensation shal be provided by law." On motion of Mr. F. S. D. Marshal], The following blank sections were adopted. "SEC. . All judges, clerks, justices of the peace, and prosecuting at torneys shall be commissioned by the governor. "SEC. . All process, writs, and other proceedings shall run in the name of *Thepeople of the state of Illinois.'' All prosecutions shall be car- ried on ^In the name and by the authority of the people of the state of Illi- nois ,' and conclude 'against the peace and dignity of the same.. " Mr. Markley moved the following as an additional section to follow section 6th: "SEC. . One justice of the supreme court, shall be elected from each division, by the qualified electors of the state, for the term of nine years. The 3d and sections of thi? acticle shall be submitted seperately, as .al- ternate propositions, and the section having the greater number of votes, shall be and become section three of this article." On motion of Mr. Deitz, The proposed section was laid on the table, l^ 9 ' ^iNays. . j eaS> 33 102 Those voting in the affirmative, are, Mr. Constable Grain D. Davis J. M. Davis Duiilap N. W. Edwards Far well H. R. Green W. B. Green Gre-rg Harlan Mr. Hayes Hunsaker James Jenkins Judd Ken net S. Kinney . Kreider Lockwood Loudon McCallen Those voting in the negative, are, Mr. Adams Akin Allen Anderson Archer Armstrong Attierton Balliugall Bond Brockman Mr. Brown Caldwell . J. M. Campbell T, Campbell Canady Carter F. S. Casey Z. Casey Choate Church Mr. Mieure Miller Peters Scates Sim Singleton J. Smith Williams Witt Whiteside Woodson. Mr. Churchill Colby R. J. Cross Dale Dawson Deitz Duminer Dunsmore Eccles C. Edwards 404 JOURNAL OF THE CONVENTION. [August 18. Mr. Evey Mr. Laughlin Mr. Rountree Frick, Lemon Servant Graham Linley Sharpe Geddes Lo Those voting in the affirmative, are, Mr. Anderson Mr. Harper Mr. Knox Armstrong Hawley Kreider Bosbyshell Hay * Laughlin Brockrnan Hayes McCallen R. J. Cross Huston McCully D. Davis Jackson McClure Deitz James McHatton Dumnaer Kenner Manly Dunlap S. Kinney Markley C. Edwards A. R. Knapp F. S. D. Marshall 408 JOURNAL OF THE CONVENTION. [Angus! 18. Mr. Mason Mr. Shields Mr. Vance Mieure Simpsoa Vernor Nichols Stadden West J. M. Palmer Swan Whiteside Roman Thompson Worcester. Servant Turner Those voting in the negative, are, Mr. Adams Mr. P. Green Mr. Morris Akin W. B. Green Oliver Allen Gregg Pace Archer Grimshavy H. D. Palmes- Ballingal! Blair Harding Harlan Peters Pinckney Bond Harvey Powers Brown Hatch Pratt Cal dwell Henderson Rives J. M. Campbell Hill Robbins T. Campbell Hogue Robinson Carter Holmes Scates F. S. Casey Hunsaker Shumway Z. Casey Hurlbut Sibley ' Choate Jones Sim Church Judd Singleton Colby N. M. Knapp E. O. Smith Constable Knowlton J. Smith Grain Knox Spencer J. M. Davis Lander Thomas Dawson Lasater Thornton Dunn Lemon Trower Dunsmore Linley Tutt Eccles Lockwood Tuttle N. W. Edwards Logan Wead Evey Loudon Webber Farwell T. A. Marshall Williams Frick Miller Witt Graham Minshall Whitney Geddes Moffett Woodson H. R. Green Moore Mr, President. The question was t; iken, by yeas and navs, on the adoption of the amendment, proposed by Mr. T. Campbell, * And decided in the affirmative, \w . 101 46 Those voting in the affirmative, are, Mr. Adams Mr. Carter Mr. Dunlap Anderson F. S. Casey Dunn Archer Z. Casey Dunsmore Armstrong Choate C. Edwards Atherton Church N. W. Edwards Bauingall Churchill Farwell Blair Colby Frick Blakely Constable Graham Bond Grain Geddes Bosbyshell R. J. Cross H. R. Green Browu J. M. Davis W. B. Green Caldwell Dawson Gregg J. M. Campbell Deitz Grimshaw T. Campbell Dummer Harlau August 18.] JOURNAL OF THE CONVENTION. 409 Mr. Harvey Hawley Hayes Heacock Henderson Hill Hoes Holmes Hunsaker Hurlbut Huston James N. M. Knapp Knox Kreider Lander Lockwood Lo^an London McHatton Mr. Markley F. S. D. Marshall T. A. Marshall Miller M ins hall Moftett Moore Morris Nichols H. D. Palmer Peters Pinckney Pratt Rives Robbins Robinson Rouncree Scales Sharpe Shields Those voting in the negative, are, Mr. Akin Allen Brockman Dale D. Davis Eccles Evey P. Green Harding Hurper Hatch Hay Ho^ue Jorres Judd Kenner Mr. S. Kinney A. R. Knapp Knowlton Lasater Laughlin Lemon Linley McCallen McCully McClure Manly Mason Mieure Oliver Pace Mr. Sibley Simpson Singleton E. O Smith Spencer Stadden Thomas Thompson. Thornton Trower Tutt Vance Webber \Villiams Witt Whitney Woodson Worcester Mr. President. Mr. J. M. Palmer Powers Roman Servar.t Shu m way Sim J. Smith Swan Turnbull 'I urner Tuttle Veriior West Whiteside. Mr. Scales proposed the following as an additional section: "SEC. . The clerks of the supreme and circuit courts and state's at- ;orncys shall be elected at the first special election for judges. The sec- >nd election for clerks of the supreme court s>hl' be held on the first Monday of June, 1855, and every sixth year thereafter. The second lection for clerks of the circuit courts am) state's attorneys, shall be held on the Tuesday next after the first Monday of November, Ib5'2, and every fourth year thereafter." The question was taken, and decided in the affirmative. Mr. Wead offered the following as an additional section: "SEC. . The legislature shall provide by law for v\ hat cause and in what manner the judges of the county courts of this state, the clerks of courts, justices of the peace, and prosecuting attorneys, and other county officers may be removed from office." Mr. Eccles offered the following as a substitute: 'There shall be elected at the general election in each county in this state by the qualified electors, a coroner and surveyor. Also in each justice's district a competent number of constables, who shall hold their 410 JOURNAL OF THE CONVENTION. [August offices for the term of four years and until their successors are electC' and qualified, whose duties shall be prescribed bylaw." The question was taken, and the substitute rejected. The question was taken, and the additional section rejected. The question was taken on the adoption of the 12th section, as amenc ed, and decided in the affirmative. On motion of Mr. Thomas, The report, as amended, was referred to the commiftee on the Revis ion and Adjustment of the Articles of the Constitution. Mr. Wead, from the select committee raised on the petition of John P Boice and others of Fulton county, praying that no banks may be createc in this state, &c. reported the following as suitable to be engrafted int( the new constitution: ARTICLE. . BANJKS. SECTION 1. The legislature shall pass no law creating any bank o banks, or authorizing the issue of bank paper, and shall prohibit by ade quate penalties the circulation of all bank paper in this state. SEC. !2. The legislature may provide by law that at the expiration o ten years from the adoption of this constitution, the qualified electors o the state may vote for and against banks; if a majority of the votes s< cast shall be l */or banks," then this article shall be abolished; if otherwise then this article shall be in force ten years more, when the same questio may be again submitted in the sime manner, and with the same effect. SEC. 3. This article shall be separately submitted to the qualified slec tors of this state for adoption or rejection at the same election, and in th< same manner with the amended constitution. If this amendment shal. receive a majority of all the votes cast for and against it at such election then the same shall become a part of the constitution of this state, and su persede all other provisions upon the same subject. Mr. Manly called for a division so as to vote on each section separately The question was taken, and the convention refused to order a division On motion of Mr. J. M. Campbell, The previous question was ordered. Mr. Logan moved to reconsider the last vote taken. The question was taken, and the convention refused to reconsider. The question was taken, by yeas and nays, on the adoption of the ar- ticle, And decided in the'negative, jNfiys' Those voting in the affirmative, are, Mr. Akin Mr. Bosbyshell Mr. Carter Allen Brockman F. S. Casey Archer Brown , Z. Casey Armstrong Caldwell Churchill Billingall J. M. Campbell Colby Blar T. Campbell Constable 1S.J JOURNAL OF THE CONVENTION. 411 VI r. Grain R. J. Cross Dale Dunn Frick Henderson Hill Hogue Hunsaker Huston James Jones Kreider Lasater Laughlin Linley Me Cully Mr. McClure McHatton Manly Markley Moffett Moore Morris Nichols Oliver Pace J. M. Palmer Peters Pinckney Powers Pratt Robinson Roman Those voting in the negative, are. Adams Anderson Atherton Choate Church J. M. Davis Dawson Deitz Dummer Dunlap Dunsmore Eccles C. Edwards N. W. Edwards Graham Geddes H. R. Green P. Green W. B. Green Gregg Grimshaw Harding Harlan Harper Mr. Harvey Haich Hawley Hay Holmes Hurlbut Jackson Judd Kenner S. Kinney A. R. Knapp N. M. Knapp Knowlton Knox Lander, Lemon Lockwood Logan Loudon McCallen F. S. D. Marshall T. A. Marshall Mason Mr. Rountree Scates Shields Sim Simpson J. Smith Stadden Thompson Trower Tutt Vernor W f ead Webber Williams Whiteside Mr. President. Mr, Mieure Miller Minshall H. D. Palmer Rives Robbins Servant Sharpe Shumway Sibley E. O. Smith Spencer Swan Thomas Thornton Turner Tuttle Vance West Witt Whitney Woodson Worcester. On motion of Mr. Servant, The report of the committee on Commons was taken from the table for onsideration. "The question was taken on -the adoption of the article reportedly that ommittee, and decided in the affirmative. On motion of Mr. Servant, The article was referred to the committee on the Revision and Adjust- nent of the Articles of the Constitution. On motion of Mr. Armstrong, The report of the committee on Revenue, as amended in committee of tie whole, was taken from the table. Mr. Hayes asked for leave to record his vote on the article reporter! this fternoon by Mr. Wend. The question was taken, and the convention refused him leave. Mr, Caldwell moved that the consideration of the report of the commit- ee on Revenue be postponed for the present. 412 JOURNAL OF THE CONVENTION. {August 1 The question was taken and decided in the negative. On motion, The previous question was ordered. The question was taken, by yeas and nays, on concurring with thecoi mittee of the whole in striking out the word "shall," in the first line oft first section, and inserting in lieu thereof the word "may," . * . . 90 42 f Yei" And decided in the affirmative, < XT l (Nays, Those voting in the affirmative, are. Mr. Adams Akin Allen Anderson Archer Armstrong Atherton Ballingall Blair Blakely Bosbyshell Brockman Caldwell J. M. Campbell T. Campbell Carter F. S. Casey Zadok Casey Choate Church Churchill Colby R. J. Cross Dale T. G. C. Davis Deifz Dunn Dunsmore Evey Frick Gregg Harlan Mr. Harvey Hatch Hawley Hay Hayes Heacock Henderson Hill Hoes Hogue Hunsaker Hurlbut Huston Jackson James Jones Ken tier N. M. Knapp Knox Kreider Lasater Laughlin Lemon London McCallen McCully Me Cl tire McHatton Manli manly Markle Kley T. A. Marshall Mieure Those voting in the negative, are, Mr. Brown Canaday D. Davis Dawson Dmnmer Duulap Eccles C. Edwards N. W. Edwards Graham Geddes H. R. Green P. Green Grimshaw Mr. Harding . Harper Holmes Judd S. Kinney A. R. Knapp Knowiton Lander Lock wood Logan Mason North cott H D. Palmer Peters Mr. Miller Minshall Moffett Moore Morris Nichols Oliver Pace J. M. Palmer Pinckney Powers Pratt Bobbins Roman Scates Sharpe Shumway Simpson E. O. Smith Stadden Swan Thornton Trower Tutt Tuttle Vernor Wead Webber West Whiteside Whitney Mr. President. Mr. Rives Rountree Servant Shields Sibley Sim Spencer Thomas Turner Vance Williams Witt Woodson Worcester. tgust 18.] JOURNAL OF THE CONVENTION. 413 The question was taken, by yeas and nays, on concurring with the com- ttec of the whole in the insertion of the words "who are entitled to the ht of suffrage," in the second and third lines of the same section, And decided in the affirmative, lfj C *' 84 52 jThose voting in the affirmative, are, Akin Alien Anderson Archer Armstrong Ballingall Blair Blakely Eosbyshell Brockman Brown Caldwell J. M. Campbell T. Campbell Carter "F. S. Casey Z. Casey Choate Churchill Colby Constable Crain R. J. Cross Dale Dunlap Dunn Dunsmore Eccles Mr. N. W. Ed -yards Evey Frick Graham P. Green Gregg Hatch Hawley Hay Hayes Henderson Hill Hoes Hogue Hunsaker Huston Jacnes Jones Kenner A. R. Knapp Kreider Lasater Laughlin Loudon McCallen McCally McClure McHatton Mr. Manly Markley Mieure Moore Morris Nichols Northcott Pace J. M. Palmer Powers Pratt Robbins Roman Rountree Scates Sharpe Shields Shu in way Simpson Stadden Swan Turner Tutt Vernor Wead Whiteside Whitney Mr. President. Those voting in the negative, are, Adams Canaday Church D. Davis J. M. Davis Dawson Deitz Du turner C. Edwards Gedde.s H. R. Green Grirnshaw Harding Harlan Harper Holmes Hurlbut Judd Mr. S. Kinney N. M. Knapp Knowlton Knox Lander Lemon Lockwood Logan F. S. D. Marshall T. A. Marshall Mason Miller Minshall Moffett Oliver H. D. Palmer Peters Mr. Pinckney Rives Robinson Servant Si&ley Sim E. O. Smith Spencer Thomas Thornton Trower T'lttle Vance West Witt Woodson Worcester. Th* question was taken on concurring with the committee of the whole striking out all after the word "each," in the fourth line, and inserting 414 JOURNAL OF THE CONVENTION. [August 13 in lieu thereof the words "when the legislature may deem it necessary, 1 and decided in the affirmative. The question was taken, by yeas and nays, on the adoption of the fii section as amended, And decided in the affirmative, 5 Yeas, I Nays, Those voting in the affirmative, are, Mr. Adams Anderson Archer Armstrong Atherton Bosbyshell Brockman Brown J. M. Campbell T. Campbell Canady F. S. Casey Choate Church Grain Dale D. Davis J. M. Davis Deitz Dumrner Dunlap Dunsmore Eccles N. W. Edwards Frick Graham P. Green Mr. Grimshaw Harding Harper Hatch Hawley Hay Hayes Heacock Hogue Hunsaker Hurlbut Huston N. M. Knapp Kriox Lander Laughlin Lockwood Logan McCallen McHatton Manly F. S. D. Marshall T. A. Marshall Mason Mieure Minshall Those voting in the negative, are, Mr. Akin Allen Ballingall Blair Caldwell Carter Z. Casey Churchill Colby Corfstable R. J. Cross Dawson Dunn C. Edwards Evey Geddes H. R. Green Gregg Mr. Harvey Henderson Hill Holmes James Jones Judd Kenner S. Kinney A; II. Knapp Knowlton Kreider Lasater Lemon Me Cully McClure Markley Miller 79 51 Mr. Moore Nichols Northcott Oliver H. D. Palmer J. M. Palmer Peters Pinckney Powers Roman Rountree Sim Simpson E. O. Smith Spencer Swan Trower Turner Tutt Tuttle Vernor Wead Witt Woodson Worcester Mr. President. Mr. Moffett Morris Pace Pratt Rives Robbins Robinson Scates Servant Sharpe Shields Shumway Sibley Thomas Thornton Vance W hilt-side Whitney. On motion, The convention adjourned. 19.] JOURNAL OF THE CONVENTION, 415 THURSDAY, AUGUST 19, 1847. , The convention met pursuant to adjournment. Prayer by the Rev. Mr. Bergen. The journal of yesterday was read. Mr. Gregg, from the committee appointed to divide the state in senato- ial ami representative districts, made the following report- SECTION 1. Until there shall be a new apportionment of senators and jresentatives, the state shall be divided into senatorial and representa- >c districts, and the senators and representatives shall be apportioned riong the several districts, as follows, viz: 1. The counties of Alexander, Union, Pulaski, Johnson, Massac, Pope, nd llardin shall constitute the first senatorial district, and shall be enti- :d to one senator. 2. The counties of Gallatin, Saline, Williamson, Franklin, and White constitute the second senatorial district, and be entitled to one iator. 3. The counties of Jefferson, Marion, Wayne, and Hamilton shall institute the third senatorial district, and be entitled to one senator. 4. The counties of Washington, Perry, Randolph, and Jackson shall institute the fourth senatorial district, and be entitled to one senator. 5. The counties of Saint Clair and Monroe shall constitute the fifth snatorial district, and be entitled to one senator. 6. The counties of Madison and Clinton shall constitute the sixth sena- riul district, and be entitled to one senator. 7. The counties of Christian, Shelby, Montgomery, Bond, and Fayette all constitute the seventh senatorial district, and be entitled to one senator. 8. The counties of Eftingham, Jasper, Clay, Richland, Lawrence, Ed- ,rds, and Wabash shall constitute the eighth senatorial district, and be sntitied to one senator* 9. The counties of Edgar, Clark, and Crawford shall constitute the tilth senatorial district, and be entitled to one senator. 10. The counties of Vermilion, Champaign, Piatt, Moultrie, Coles, and fumberland shall constitute the tenth senatorial district, and be entitled |o one senator. 11. The counties of Tazewell, McLean, Logan, De Witt, and Macon [hall constitute the eleventh senatorial district, and be entitled to one [senator. 2. The counties of Sangamon, Menard, and Mason shall constitute [the twelfth senatorial district, and be entitled to one senator. 13. The counties of Macoupin, Jersey, Greene, and Calhoun shall con- jititute the thirteenth senatorial district, and be entitled to one senator. 14. The counties of Morgan, Scott, and Cass shall constitute the four- Iccenth senatorial district, and be entitled to one senator. 15. The counties of Adams and Pike shall constitute the fifteenth sena- ial district, and be entitled to one senator. 16. The counties of M-cDonough, Schuyler, Brown, and Highland shall constitute the sixteenth senatorial district, and be entitled to one inator. 416 JOURNAL OF THE CONVENTION. [August 19. 17. The counties of Hancock and Henderson shall constitute the sev- enteenth senatorial district, and be entitled to one senator. 18. The counties of Fulton and Peoria shall constitute the eighteenth senatorial district, and be entitled to one senator. 19. The counties of Siock island, Henry, Mercer, Warren, Knox, and Stark shall constitute the nineteenth senatorial district, and be entitled to one senator. 20. The counties of La Salle, Bureau, Putnam, Marshall, Wood ford, Livingston, and Grundy shall constitute the twentieth senatorial district and be entitled to one senator. 21. The counties of Du Page, Kendall, Will, and Iroquois shall con stitute the twenty-first senatorial district, and bo entitled to one senator 22. The counties of Ogle, Lee, De Kalb, and Kane shall constitute the twenty-second senatorial district, and be entitled to one senator. 23. The counties of Jo Daviess, Stephenson, Carroll, and Whitesidfe shall constitute the twenty-third senatorial district, and be entitled to on< senator. 24. The counties of McHenry, Boone, and Winnebago shall constitute the twenty -fourth senatorial district, and be entitled to one senator. 25. The counties of Cook and Lake shall constitute the twenty-fifth senatorial district, and be entitled to one senator. 1. The counties of Union, Alexander, and Pulaski shall constitute the first representative district, and be entitled to one representative. 2. The counties of Massac, Pope, and Hardin shall constitute the sec- ond'representative district, and be entitled to one representative. 3. The counties of Gallatin and Saline shall constitute the third rep- resentative district, and be entitled to one representative. 4. The counties of Johnson and Williamson shall constitute the fourth representative district, and be entitled to one representative. 5. The counties of Jackson and Franklin shall constitute the fifth rep- resentative district, and be entitled to one representative. G. The counties of Marion, Jefferson, Wayne, and Hamilton shall con- stitute the sixth representative district, and be entitled to three represen- tatives; Provided, that no county in said district shall have more than one of said representatives, and the county from which a senator shall be se- lected, shall not be entitled to a representative residing in said county. 7. The county of White shall constitute the seventh representative dis- trict, and be entitled to one representative. 8. The counties of Wabash and Edwards shall constitute the eighth representative district, and be entitled to one representative. 9. The counties of Lawrence and Richland shall constitute the ninth representative district, and be entitled to one representative distiict.. 10. The counties of Crawford and Jasper shall constitute the tenth rep- resentative district, and be entitled to one representative. 11. The county ot Coles shall the eleventh representative district, and be entitled to one representative. 12. The county of Clark shall constitute the twelfth representative dis-jj trict, and be entitled to one representative. August 19.] JOURNAL OF THE CONVENTION. 417 13. The counties of Cumberland, Effingham, and Clay shall constitute the thirteenth representative district, and be entitled to one representa- tive. 14. The county of Fayette shall constitute the fourteenth representa- tive district, and be entitled to one representative. 15. The counties of Montgomery, Bond and Clinton shall constitute the fifteenth representative district, and be entitled to two representatives, 10. The counties of Washington and Perry shall constitute the sixteenth representative district, and be entitled to one representative. 17. The county of Randolph shall constitute the seventeenth represen- tative district, and be entitled to one representative. 18. The county of Monroe shall constitute the eighteenth representa- tive district, and be entitled to one representative. 19. The county of St, Glair shall constitute the nineteenth represen. lative district, and be entitled to two representatives. 20. The county of Madison shall constitute the twentieth representa- tive district, and be entitled to two tepresentatives. 21. The county of Macoupln shall constitute the twenty-first representa- tive district, and be entitled to one representative. 22. The county of Jersey shall constitute the twenty -second represen- tative district, and be entitled to one representative. 23. The county of Greene shall constitute the twenty-third representa- tive district, and be entitled to one representative. 24. The county of Scott shall constitute the twenty-fourth representa- tire district, and be entitled to one representative. 25. The county of Morgan shall constitute the twenty-fifth representa- tive district, and be entitled to two representatives. 26. The counties of Cass and Menard shall constitute the twenty-sixth representative district, and be entitled to one representative. 27. The county of Sangamon shall constitute the twenty-seventh repre- sentative district, and be entitled to two representatives. 28. The counties of Mason and Logan shall constitute the twenty-eighth representative district, and be entitled to one representative. 29. The county of Tazewell shall constitute the twenty-ninth repre- sentative district, and be entitled to one representative. 30. The counties of McLean and De Witf shall constitute the thirtieth representative district, and be entitled to one representative. 31. The county of Vermilion shall constitute the thirty-first represen* tative district, and be entitled to one representative. 32. The county of Edgar shall constitute the thirty -second representa- tive district, and be entitled to one representative. 33. The counties of Champaign, Piatt, Moultrie and Macon shall con- stitute the thirty -third representative district, and be entitled to one re- presentative. 34. The counties of Shelby and Christian shall constitute the thirty- fourth representative district, and be entitled to one representative. 35. The counties of Pike and Calhoun shall constitute the thirty-fifth representative district and be entitled to two representatives. 36. The counties of Adams, Highland and Brown shall constitute the thirty-sixth representative district, and be entitled to three representatives. 27 418 JOURNAL OF THE CONVENTION. [August 19 37. The county of Schuylcr shall constitute the thirty -seventh repre- sentative district, and be entitled to one representative. 38. The county of Hancock shall constitute the thirty-eighth feprc sentutive district, and be entitled to two representatives. 39. The county of McDonough shall constitute the thirty-ninth repre- sentative district, and be entitled to one representative. 40. The county of Fulton shall constitute the fortieth representative district, and be entitled to two representatives. 41. The county of Peoria shall constitute the forty-first representative district, and be entitled to one representative. 42. The county of Knox shall constitute the forty-second representa- tive district, and be entitled to one representative. 43. The counties of Mercer, Warren and Henderson shall constitute! the forty -third representative district, and be entitled to two representa- tives. 44. The counties of Rock Island, Henry and Stark *hall constitute th<_ forty-fourth representative district, and be entitled to one rcpresenta-l tive. 45. The counties of Whitcside and Lee shall constitute the forty-fiftl representative district, and be entitled to one representative. 46. The counties of Carroll and Ogle shall constitute the forty-sixth representative district, and be entitled to one representative. 47. The counties of Jo Daviess and Stephenson shall constitute the) forty-seventh representative district, and be entitled to two representatives] 48. The county of Winnebago shall constitute the forty-eighth repre-j scntativedistrict, and be entitled to one representative. 49. The counties of Putnam, Marshall and Woodford shall constitut the forty-ninth representative district, and be entitled to one representa tivc. 50. The counties of La Salle, Grundy, Livingston and Bureau sha constitute the fiftieth representative district, and be entitled to two repre sentatives. 51. The counties of Du Page, Kendall, Will and Iroquois shall constitut the fifty first representative district, and be entitled to three representa tives. 54. The counties of Kane arid De.Kalb shall constitute the fifty-second representative district, and be entitled to two representatives. 53. The counties of Boone and McHerrry shall constitute the fifty third representative district, and be entitled to two representatives. 54. The county of Lake shall constitute the fifty- fourth representativ district, and be entitled to one representative. 55. The county of Cook shall constitute the fifty -fifth representative district, and be entitled to two representative^ SEC. 2. Until the general assembly shall otherwise provide, the clerk of the county commissioners' courts in each of the aforesaid senatorial dis tricts, and in such of the said representative districts as mny be ccmpcsedo more than one county, shall meet at the county seat of the oldest count in said district, within thirty days next after any election for senator or re presentative therein, for the purpose of comparing and canvassing the^vote given at such election, and the said clerks shall in all other respects con August 19.] JOURNAL OF THE CONVENTION. 419 form to the laws on the subject, in force at the time of the adoption of this constitution. Mr. Knowlton moved to lay the report on the table, and order the printing of 250 copies for the use of the convention. The question was taken, and decided in the negative. Mr. T. G. C. Davis moved a reconsideration of the vote last taken. The question was taken, and decided in the negative. Mr. C. Edwards moved the printing of 200 copies of the report. On motion of Mr. Z. Casey, The report was laid on the table. The question was taken on printing 200 copies, and decided in the affirmative. Mr. Logan from the select committee of nine appointed to divide the state into three grand divisions, made the following report: SEC. -. The first grand division for the election of judges of the supreme court, shall consist, of the counties of Alexander, Pulaski, Massac, Pope, Hardin, Gallatin, Saline, Williamson, Johnson, Union, Jackson, Randolph, Perry, Franklin, Hamilton, White, Wabash, Edwards, Wayne, Jefferson, Washington, Monroe, Saint Clair, Clinton, Marion, Clay, RichJand, Law- rence, Crawford, Jasper, Effingham, Fayette, Bond, Madison, Jersey, Calhoun, Cumberland and Clark. The second grand division shall consist of the counties of Edgar, Coles, Moultrie, Shelby, Montgomery, Macoupin, Green, Pike, Adams, High- land, Hancock, McDonough, Schuyler, Brown, Fulton, Mason, Cass, Morgan, Scott, Sangamon, Christian, Macon, Piatt, Champaign, Vermil- ion, I)e Witt, Logan and Menard. The third grand division shall consist of the counties of Henderson, Warren, Knox, Peoria, Tazcwell, Woodford, McLean, Livingston, Iro- quois, Will, Grundy, Kendall, La Salle, Putnam, Marshall, Stark, Bureau, Henry, Mercer, Rock Island, Whiteside, Lee, Carroll, Jo Daviess, Ste- phenson, Winnebago, Ogle, De Kalb, Boone, Kane, McIIenrv, Lake, Cook and Du Page. SEC. . The terms of the supreme court for the first division shall be held at Mount Vernon, in Jefferson county; for the second division at Springfield, in Sangamon county; for the third division at Princeton, in Bureau county, until some other place in either division is fixed by law. SEC. . Appeals and writs of error may be taken from the circuit court of any county to the supreme court held in the division which includes such county, or to the supreme court held in the next adjoining division. On motion of Mr. Logan, The report was amended by striking the counties of ^Cumberland and Clark 1 ' from the first grand division, and adding them to the second grand division. On motion of Mr. Markley, The report was laid on the table, and 250 copies ordered to be printed for the use of the convention. The convention resumed the consideration of the report of the com- mittee on Revenue, as amended in committee of the whole. Mr. WoodsoD, on leave, offered the following as an amendment to the 420 JOURNAL OF THE CONVENTION. [August amendments of the committee of the whole to the second section, to be prefixed to that section: "The genera] assembly shall cause to be collected from all free white male inhabitants of this state over the age of twenty-one years and undei the age of sixty years, a capitation tax of not less than fifty cents nor mon than one dollar, annually, to be applied as the legislature may direct; sai< tax to continue until the payment of the public debt of the state. "SEC. . At the election to which shall be submitted the constitution to the people for their ratification or rejection, a separate poll shall b< opened for and against a poll tax, and if a majority of those voting on sak question shall be in favor of such tax, then the foregoing section shal stand as a part of this constitution in lieu of the first section, but if a ma jority of the votes polled shall be against the poll tax, then the said firs section shall not be and remain a part of this constitution." On motion, The previous question was ordered. A division of the question was called for, The question was taken, and the convention refused to order sue division. The question was taken, by jeas and nays, on the adoption of th amendment, offered by Mr. Woodson, And decided in the negative, (Yeas, (Nays, 61 77 Those voting in the affirmative, are, Mr. Bond Bosbyshell Brown Canady R. J. Cross J). Davis T. G. C.Davis Dawson Deitz Dunlap Dunsmore C. Edwards N. W. Edwards Graham Geddes H. R. Green Grimshaw Harding Harper Hawley Hayes Mr. Holmes Hurlbut Huston James Judd A. R. Knapp Knowlton Knox Lander Lockwood Logan F. S. D. Marshall Mieure Miller Minshall Moffett Moore Morris Northcott H. D. Palmer Those who voted in the negative, are, Mr. Akin Allen Anderson Armstrong Atherton Mr. Ballingall Blair Blakcly Bunsen Caldwell Mr. J. M. Palmer Rives Robinson Servant Sharpe Shields Sim Spencer Thomas Thornton Turnbuli Tuttle Wead West Williams Witt Whiteside Woodson Worcester Mr. President. Mr. J. M. Campbell T. Campbell Carter F. S. Casey Z. Casey August 19.] JOURNAL OF THE CONVENTION. 421 IMlr. Choate Mr. Hogue Mr. Nichols Church Hunsaker Oliver Colby Jackson . Pace Crain Jenkins Peters Dale Jones Powers J. M. Davis Kenner Pratt Dummer S. Kinney Robbins Dunn N. M. Knapp Roman Eccles Kreider Scates Evey Lasater Shumway Farwell Laughlin Simpson Fnck Lemon Singleton P. Green Linley J. Smith W. B. Green Loudon Stadden Gregg MaCallen Swan Harlan Me Cully Trower Harvey McCluTe Turner Hatch McHatton Tutt Heacock Manly Vance Henderson Markley Vernor, Hill T. A. Marshall The question was taken on concurring with the committee of the prhole, in the amendments made to the 2d section, and decided in the kffinnative. The question was taken on the adoption of the 2d section, as amended, ind decided in the affirmative. Mr. Woodson, on leave, offered the same amendment, before offered by him this morning, modified by striking out the word "not," before the .he last word "be," to be prefixed to the section, as an amendment to the jimendmenis of the committee of the whole to the second section. | Mr. Akin moved to lay the amendment on the table. The question was taken, by yeas and nays, And decided in the negative, ^ eas ' ^ i\ ays, /i Those voting in the^iffirmativc, are, Mr. Akin Mr. Frick Mr. McClure Allen W. B. Green McHatton Anderson Gregg Manly Archer Harlan Markley 1 Armstrong Harvey Moffett Atherton Hatch Nichols Ballingali Heacock Oliver Blair Henderson Pace Blakely Hill Powers Bosbyshell Hogue Pratt Caldwell Hunsaker Robbins J. M. Campbell Huston Robinson T. Campbell James Romao Carter Jenkins . Scates . : F. S. Casey Jones Shumway Z. Casey Kenner Sibley Choate Kreider E. O. Smith Churchill Lasater J. Smith Colby Laughlin Stadden Crain Lemon Tutt Dale Linley Vernor Dunn Loudon West Evey McCallcn Whiteside. Farwcli McCully JOURNAL OF THE CONVENTION. [August 19. Those voting in the negative, are. Mr. Adams Bond Brown Bunsen Canady Church R. J. Cross D. Davis J. M. Davis T. G. C. Davis Dawson Deitz Dummer Dunlap Dunsmore Eccles C. Edwards N. W. Edwards Graham Geddes H. R. Green P. Green Grimshaw Harding Mr. Harper Hawley Hayes Holmes Hurl but Jackson Judd S. Kinney N, M. Knapp Knovvlton Knox Lander Lockwood Logan T. A. Marshall Mason Mieure Miller Minshall Moore Morris Nortfecott H. D. Palmer J. M. Palmer Mr. Peters Rives Rountree Servant Sharpe Shields Sim Simpson Spencer Swan Thomas Thornton Trower Turnbull Turner Tuttle Vance Wead Williams Witt Woodson Worcester Mr. President, Mr. Atherton mov ihe previous question. On motion. The convention adjourned until three o'clock* P. M, THREE O CLOCK, P. M. The convention assembled pursuant to adjournment* On motion of Mr. N. W. Edward?, A calf of the convention was ordeied. The cali having been proceeded in, the following gentlemen were found to be absent: Messrs. Adams, Ballingall, Butler, Canaday, Church, S. J. Cross, De- ment, Kdmonson, W. B. Green, Hay, Holmes, W. C. Kinney, Kitchell, Knox, Mason, Miller, Mathcny, Norton, Servant, Sharpe, Sherman, Sin- gleton, Thompson, Turner, Tutt, Webber, and Williams 27. On motion of Mr. Dale, Further proceedings under the call were dispensed with. The convention resumed the consideration of the report of the commit- tee on Revenue, as amended in committee of the whole. The question was taken on ordering the previous question, and decided in the affirmative. The question was taken, by yeas and nays, on the adoption of the amendment offered by Mr. Woodson, And decided in the neative, 61 78 August 19.] JOURNAL OF THE CONVENTION. 423 Those voting in the affirmative, are, Adams Bond Brockman Brown R. J. Cross D. Davis T. G. C. Davis Dawson Beitz Dummcr Dunlap Duns mo re Eccles C. Edwards N. W. Edwards Graham Geddes H. R. Green P, Green Grimshaw Mr. Harding Harper Hawley Harlbut Jackson Judd S. Kinney A. R. Knapp N. M. Knapp Knowlton Lander Lockwood Lo^an F. S. D. Marshall T. A. Marshall Mason Mieure Minshali Moore Northcott Those voting in the negative, are, AkiR Allen Anderson Archer Armstrong Atherton Ballingall Blair Blakely Bosbyshett Bunsen J. M. Campbell T. Campbell Carter F. S. Casey Z. Casey hoate Churchill Colby Constable Grain Dale J. M. Davis Dunn Evey Farwell Mr. Frick Gregg Harlan Harvey Hatch Hay os Heacock HendersoR Hill Hoes Hogue Hunsakee Huston James Jenkins Jones Kenner Kr eider Lasater Laugh lira Lemon Lin ley London McCallea McCully McClure Mr. H. D. Palmer J. M. Palmer Peters Rives Roan tree Shields 'Sim Spencer Swan Thomas Thornton Turnbul! Turner Tuttle Vance Witt Woodson Worcester Mr. President, Mr. McHattoR Manly Mark ley Moffett Morris Nichols Oliver Pace Powers Pratt Robbing flobinsoR Roman Scates Shu m way Sibley Simpson E. 0. Smitk J. Smith Stadden Trower Vernor Wead West Whiteside Whitney. The question was taken on concurring with the committee of the whole the amendments made to the third section, and decided in the affirma- ve. The question was taken on the adoption of the third section as amended, nd decided in the affirmative. Mr. Dawson moved the following as a substitute for the fourth section: "The legislature shall cause the several county clerks in this state, at ic proper time, to make out in tabular form, according to the proper sub- ivisions thereof, a list of all lands on which taxes remain due and unpaid 4-24 JOURNAL OF THE CONVENTION. [August 19. Those voting in the affirmative, are, for the year last past, and place the same in the hands of the assessor for the next year, whose duty it shall be, when he assesses lands, to compare the assessment with the delinquent list, and should they find any lands on the delinquent list which belong to any citizen of these respective coun- ties, they shall notify the citizen thereof, and no lands shall be offered for tale until the same be advertised for at least three weeks in some newspa- per printed in this state, nearest where the lands lie, and after the time in which the assessment is to close according to law," The questioR was taken r by yeas and nays, on the adoption of the sub- stitute, C~V"pis f^Q And decided in the negative, i^r^.J 4 Mr. North eott H. D. Palmer Rives Robbins Rountree Shields Sh urn way Sibley Sim Spencer Thornton Vance West Williams Whitney Mr. President, Mr McClure McHatton F. S. D. Marshall Mason Morris Oliver Pace J. M. Palmer Peters Powers Pratt Robinson Scates Servant Sharpe Simpson. J. Smith Stadden Thomas Trower Turnbull Turner Vernor Wead Witt Whiteside Woodson Worcester, Mr. Athertoa Choate Churchill D. Davis Dawson Bunn Dunsuiore N. W. Edward* Frick Graham H. R. Green Grimshaw Harlan Harper Hill Hunsaker Hurlbut Mr. James Jenkins Judd Kenner S. Kinney N. M. Knapp Knowlton Lander Lockwood Logan Manly Markley T. A. Marshal* Mieure Minshall Moffett Moore Those vating i the negative, are,. Mr. Adams Akin Allen Anderson Armstrong Ballingali Blair Blakely Bond Bosbysheli Brockman Brown Bunsert J. M. Campberi T. Campbell Carter Z. Casey Church Colby Constable Crain E. J. Cross Dale J. M. Davis Deitz Dummer Dunlap Eccles C, Edwards Mr. Evey Farwell Geddes P. Green Gregg Harding Harvey Hatch Hawley Hayes Heacock Hendersoss Hoes Hogue Holmes Huston Jackson Jones A. R. Knapp Kreider Lasater Laughliri Lemon Linley Loudon McCallen McClure Me Cully August 19.] JOURNAL OF THE CONVENTION. 425 Mr. N. M. Knapp moved to amend the fourth section, as amended in committee of the whole, by striking out the words "clerk of the circuit court of," in the 18th line, and inserting in lieu thereof the words "officer having custody of the records of lands and lots sold for taxes and entries of redemption in," and by striking out the word "clerk," in the nineteenth line, and inserting in lieu thereof the word ''officer." The question was taken and decided in the affirmative. Mr. Williams offered the following as a substitute lor the fourth section as amended: "Hereafter tax deeds of lands sold for taxes without judgment or order of court, shall not be evidence of title against the former owner, or those claiming title or possession under him, without proof that the taxes for which it was sold had been duly assessed, and that the land was sold con- formably to law." The question was taken, and the amendment rejected. Mr. Vance offered the following as a substitute for the fourth section as amended: "That all lands hereafter sold for the non-payment of taxes shall be bid in for the state by some person in each county authorized by law for that purpose, under the same penalties and restrictions as now provided by law. There shall be elected or appointed some person in each county for the collecting of taxes, on lands bid in for the state for non pajmcnt of axes, whose duties shall be prescribed by law, as follows: All lands bid in for the state for non-payment of taxes, it not redeemed within five years after sale, be offered at a minimum value, after giving six weeks' notice in i newspaper printed in the county where the Ir.nd lies; if no paper is prin- ed in the county, in the nearest paper to said county, that on a certain day provided by law, shall offer all lands bid in for the state to the best )idder, at or over the minimum value, shall be'the purchaser, who shall receive a deed from the state for the same; and after all taxes due on laid lands, with all reasonable charges, the balance shall be deposited in the state treasury for the sole benefit of the owner, should he or she, his or her heirs, hereafter apply for the same, making satisfactory proof to the proper officer designated by law, for the purpose of adjusting said claims, that he or she is the bonajide owner." The question was taken, and the substitute rejected. On motion of Mr. Church, The fourth section as amended was further amended by inserting after the word "officer," in the nineteenth line, the words "entered on the re- cords of his office and," and by inserting after the word "and," in the nineteenth line, the words "which record or affidavit." Mr. Wead offered the following as a substitute for the fourth section as a/nended: "It. shall be necessary, in all cases where title to land is claimed by any person in a court of justice, by virtue of a sale hereafter made for taxes', to show that the law under w r hich such sale was made has been complied with." Ti,e question was taken, and the substitute rejected. 426 JOURNAL OP THE CONVENTION. [August 19. The question was taken, by yeas and nays, on concurring with the committee of the whole, in the amendment'made to the fourth section, And decided in 7G 56 the affirmative, J N ' Those voting in the affirmative, are, Mr. Bosbyshell Mr. Heacock Mr. Moffett Brockman Hill Moore Brown Hogue Morris Bunsen Hurl but Nichols Choate Jackson North cott Churchill James H. D. Palmer Crain Jenkins J. M. Palmer R. J. Cross Judd Rives Dale Kenner Servant D. Davis A. R. Knapp Shields J. M. Davis N. M. Knapp Shumway Dawson Knowlton Sibley Dummer Lander Simpson Dunlap Laughlin Spencer Dunsmore Lemon Swan Eccles Lin ley Thomas C. Edwards Lockwood Thornton N. W. Edwards Logan Vance Evey McCallen West Graham McHatton Witt Geddes Manly Whiteside H. R. Green F. S. D. Marshall Whitney W. B. Green T. A. Marshall Woodson Grimshaw Mieure Worcester Hawley Mmshall Mr. President. Hayes Those voting in the negative, are, Mr. Adams Mr. P. Green Mr. McClure Akin Allen Gregg Harding Markley Oliver Anderson Harlan Peters Armstrong Harper Powers Atherton Harvey Pratt Ballingall Hatch Robbins Blair Henderson Robinson Blakely Hoes Roman Bond ' Holmes Rountree J. M. Campbell Hunsaker Scates Carter Huston Sharpe Zadok Casey Jones Trower Church S. Kinney Turnbull Colby Knox Turner Deitz Kreider Tuttle Dunn Lasater Vernor Farwell Loudon Wead Frick McCully Williams. Mr. Lockwood moved the following as an additional section: "SEC. . No lands in the state shall be assessed at a less value than one dollar and fifty cents per acre." Mr. Markley moved to strike out the words "one dollar and fifty cents," and to insert in lieu thereof the words "two dollars." August 19.] JOURNAL OF THE CONVENTION. The question was taken, by yeas and nays, on the adoption of the [amendment, tYeas, ... 43 (Nays, And decided in the negative, 87 Those voting in the affirmative, are, Mr. Anderson Brown T. Campbell Carter Church R. J. Cross Bummer C. Edwards N. W. Edwards Farwell Graham Geddes Gregg Harlan Harper Mr. Harvey Hatch Henderson Hill Hoes Hurlbut Jackson James Knowlton Kreider Linley Logan McClure Markley Those voting in the negative, are, Mr. Akin Allen Archer Armstrong Atherton Ballingall Blair Blakely Bond Bunsen J. M. Campbell Z. Casey Choate Churchill Grain * Dale D. Davis J. M. Davis Daws on Deilz Dunn Dunsmore Eccles Evey Frick H. R. Green P. Green W. B. Green Grimshaw Mr. Hawley Hayes Heacock Hogue Holmes Hunsaker Huston Jenkins Jones Kenner S. Kinney A. R. Knapp N. M. Knapp Knox Lander Lasater Laughlin Lemon Lockwood Loudon McCallen McCully McHatton Manly Mieure Minshall Moffett Morris Nichols Mr. F. S. D. Marshall Mason Northcott Powers . Robinson Sharpe E. O. Smith Stadden Swan Thomas Wead West Whitney Mr. President. Mr. Oliver H. D. Palmer Peters Pratt Rives Robbins Roman Rountree Scates Servant Shields Shumway Sibley Sim Simpson J. Smith Spencer Thornton Trower Turnbull Turner Tuttle Vance Vernor Williams Witt Whiteside . Woodson Worcester. Mr. Lockwood modified the additional section by striking out the word 'fifty," and inserting the words "twenty-five." Mr. Z. Casey moved to lay the proposed additional section on the table. 4-28 JOURNAL OF THE CONVENTION. The question was taken, by yeas and nays, And decided in the negative. O " (Nays, . [August 19. . 67 . 67 Those voting in the affirmative, are, Mr. Adams Mr. P. Green Akin W. B. Green Allen Grimshaw Armstrong Atherton Harvey Hayes Ballingall Blair Heacock Hill Blakely Hogue Bond Jenkins Brockman Jones Bunsen Kenner J. M. Campbell Lander Z. Casey Lasater Churchill Colby Laughlin Lemon Constable Loud on Grain McCallen Dale McHatton J. M. Davis Mieure Deitz Miller Dunn Moore ' Eccles Morris Frick Those voting in the negative, are, Mr. Anderson Mr. Henderson Brown Hoes T. Campbell Holmes Carter Hurlbut Choate Huston Church Jackson R. J. Cross James D. Davis Judd Dawson S. Kinney Dummer A. R. Knapp Dunlap Dunsmore N. M. Knapp Knowlton C. Edwards Knox N. W. Edwards Kreider Farwell Linley Graham Lockwood Geddes Logan H. R. Green McCully Gregg McClure Harding Harlan Manly Markley Harper F. S. D. Marshall Hatch Mr. Nichols Oliver Pace H. D. Palmer Powers Pratt Rives Robbins Roman Rountree Scates Shields Shumway Sim Simpson J. Smith Thornton Turner Tuttle Vernor Worcester Mr. President. Mr. T.;A. Marshall Mason Minshall Moffett J. M. Palmer Peters Servant Sibley E. O. Smith Spencer Stadden Swan Thomas Trower Vance Wead Webber West Witt Whiteside Whitney Woodson. On motion of Mr. J. M. Davis, A call of the convention was ordered. The call was proceeded in for some time, when it appeared that th< following gentlemen were absent: Messrs. Archer, Butler, Caldwell, Canady, F. S. Casey, Colby, S. J. Cross, T. G. C. Davis, Dement, Edmonson, Hay, W. C. Kinney, Kitch- August 19.] JOURNAL OF THE CONVENTION. ell, Matheny, Norton, Pinckney, Sherman, Singleton, J. Smith, Thomp- son, and Tutt 21. On motion of Mr. Whitney, Further proceedings under the call were dispensed with Mr. McCallen moved the following as a substitute for the additional section: "All taxation levied upon property shall be by an actual appraisement valuation." The question was taken, by yeas and nays, on the adoption of the substitute, (Yeas, . . 76 Arid decided in the affirmative, (Nays, Those voting in the affirmative, are, Mr. Akin Allen Armstrong Atherton Blair Blakely Bond Brockman Bunsen Caldwell J. M. Campbell Z. Casey Choate Churchill Colby Constable Crain Dale J. M. Davis Dunn Eccles Evey Farwell Frick P. Green W. B. Green Mr. Griinshaw Hawley Hayes Hill Hogae Hunsaker Jenkins Jones Judd Kenner Lander Lasater Laughlin Linley Loudon McCallen Me Cully McHatton Manly Mieure Moffett Moore Morris Nichols Oliver Those voting in the negative, are, Mr. Anderson Ballingall Brown T. Campbell Carter R. J. Cross Church D. Davis Dawson Deitz Dummer Dunlap Dunsmore C. Edwards N. W. Edwards Graham Geddes H. R. Green Gregg Mr. Harding Harlan Harper Harvey Hatch Heacock Henderson Hoes Hurl but Huston Jackson James A. R. Knapp N. M. Knapp Knowlton Knox Kreider Lemon Lockwood 63 Mr. Pace J. M. Palmer H. D. Palmer Rives Rob bins Roman Rountree Scates Shields Sh urn way Sibley ' Sim Simpson J. Smith Spencer Thornton Trower Turnbull Turner Vernor Williams Witt IVoodson Worcester Mr. President. Mr. Logan McClure Markley F. S. D. Marshall itfason Minshall Northcott Peters Robinson Servant Stadden Swan Thomas Tuttle Vance Wead Webber Whiteside Whitney. 430 JOURNAL OF THE CONVENTION. [August 20 On motion of Mr. N. W. Edwards, The proposed additional section as amended, was laid on the table. Mr. Turnbull offered the following as an additional section: "The legislature may equalize or provide for equalizing the valuation ol taxable property according to the relative value of the same in the seve- ral counties in the state." On motion of Mr. Scates, The proposed additional section was laid on the table. On motion of Mr. N. W. Edwards, The fifth additional section, as agreed to in committee of the whole, wa amended by adding thereto the following: "And the legislature shall require that all the property within the limits of municipal corporations belonging to individuals, shall be taxed for the payment of debts contracted under authority of law." The question was taken, and the fifth additional section, as amended, was adopted. The question was taken, and the sixth additional section, as agreed to in committee of the whole, was adopted. On motion of Mr, Z. Casey, The article was referred to the committee on the Revision and Adjust ment of the Articles of the Constitution. On motion, The convention adjourned. FRIDAY, AUGUST 20, 1847. The convention assembled pursuant to adjournment. Prayer by Rev. H. D. Palmor, a member. The journal of yesterday was read. On motion of Mr. J. M. Campbell, A cnll of the convention was ordered. The call was proceeded in for some time, when the following gentlemei wern found to be absent: Messrs. Archer, Atherton, Brown, Butler, Canady, F. S. Casey, Con stable, T. G. C. Davis, Edmonson, Evey, Farwell, Gregg, Hay, Hoes Hunsaker, James, W. C. Kinney, Kitchell, Lockwood, Logan, McCallen Matheny, Minshall, Pace, Peters, Pinckney, Scates, Sherman, Simpson Singleton, Tutt, and Whiteside 31. On motion of Mr. Robbins, Messrs. T. G. C. Davis, Tutt, F. S. Casey, and Pinckney were excus ed in consequence of sickness. On motion, Further proceedings under the cnll were dispensed with. On motion of Mr. Woodson, The report of the committee on Counties was taken from the table when, On motion of Mr. Eccles, The convention proceeded to the consideration of the report of tht committee, made in obedience to instructions of the convention. 4t,u**20.] JOURNAL OF THE CONVENTION. 431 And decided in the negative, <^ ' Those voting in the affirmative, are, IV] r. Markley moved to amend the first section by striking out the words "nor any line of which shall pass within less than ten miles of any county seat already established." The question was taken, by yeas and nays, on the adoption of the a.nendment, v 48 91 Mr. Mieure Miller Moffett Moore Oliver Powers Roman Sharpe E. O. Smith J. Smith Turnbull Turner Tuttle Vance Whitney Mr. President. Mr. Adams Allen Atherton Ballingail Blair Brockman Brown Carter Choate Colby R. J. Cross Dale Deitz Dunsmore C. Edwards Graham Mr. H. R. Green P. Green Harding Harlan Heacock Hill Holmes Huston Jenkins Judd Kenner S. Kinney Kreider Lasater Markley Mason 'hose voting in the negative, are Mr. Akin Anderson Archer Armstrong Blakely Bond Bosbyshell Bunsen Caldwell J. M. Campbell T. Campbell Z Casey Churchill Grain S. J. Cross D. Davis J. M. Davis Dawson Dement Dumrner Dunlap Dunn Eccles N W. Edwards Evey Farwell Frick Geddes W. B. Green Gregg Gnmshaw Mr. Harper Harvey Hatch Hawley Hayes Henderson Mr. James Knowlton Lander Laughlin Lemon Linley Lockwood Logan McCailen Me Cully Me C lure McHatton Manly F. S.'D. Marshall T. A. Marshall Minshall Morris Nichols Northcott Norton H. D. Palmer J. M. Palmer Peters Pratt Rives Robbins Robinson Rountree Servant Shields Shumway Sibley ' Sim Simpson Singleton Spencer Stadden Swan Thomas Thompson Thornton Trower Vernor Wead Webber West Williams Witt Whiteside Woodeon. 432 JOURNAL OF THE CONVENTION. [August 20 On motion of Mr. Eccles, The finst section was amended by inserting after the .word "seat,'' ir in the fourth line, the words "of the county or counties proposed to be divided." Mr. Markley offered the following as a proviso to the first section ai amended: "Provided, however, a count/ may be divided into two counties when ever a majority of the legal voters shall be in favor of the same, wher eac 1 ! of said counties shall contain not less than four hundred squan miles." On motion uf Mr. T. A. Marshall, tYeas, . . 70 The proviso was laid on the table, (Nays, Those voting in the affirmative, are, Mr. Adams Anderson Armstrong Atherton Ballingall Bond Cal dwell T. Campbell R. J. Cross D. Davis Dawson Deitz Dumnaer Dunlap Eccles N. W. Edwards Farwell Fnck Geddes W. B. Green Gregg Grimshaw Harlan Harper Mr. Hatch Henderson Hogue Hunsaker Hurlbut Jackson Judd A.. R. Knapp N. M. Knapp Knowlton Lander Lernon Linley Lockwood Logan McCully McClure Manly F. S. D. Marshall T. A. Marshall Minshall Nichols Northcott Norton Those voting in the negative, are, Mr. Akin Allen Archer Blair Bosbyshell Brock man Brown Bunsen J. M. Campbell Carter Z. Casey Choate Churchill Colby Grain S. J. Cross Dale Mr. Dement Dunn Dunsmore C. Edwards Evey Graham H. R. Green P. Green Harding Hawley Hayes Heacock Hill Holmes Huston James Jenkins Mr. H. D. Palmer Peters Rives Robbins Robinson Roman Servant Sbarpe Shields Sibley Sim Stadden Swan Thomas Thornton Trower Turner Wead Webber West Williams Witt W oodson. Mr. Jones Kenner S. Kinney Kreider Lasater Laughlin Loudon McCallen McHatton Markley Mason Mi cure Miller Moffett Moore M orris Oliver 4ugusl 20.] JOURNAL OF THE CONVENTION. 433 Kr, J. M. -Palmer Mr. Singleton Mr. Tuttle Powers E. O. Smith Vance Pratt J. Smith Vernor Rount.ree Spencer Whiteside Shumway Thompson Whitney Simpson Turnbull Mr. President. On motion of Mr. Eccles, The previous question was ordered. The question was taken on the adoption of the first section, as amend- ;d, and decided in the affirmative. On motion of Mr. Holmes, The llth section was amended by adding after the word "county," at he end of the second line, the words "voting on the question." Mr. N. W. Edwards offered the following, to be added to the second ection, as amended: "Nor shall any territory be taken from any county, unless a majority f the voters within the territory proposed to be cut off shall be in favor f having their territory form a portion of another county." Which was, on motion of Mr. Singleton, Laid on the table. Mr. Brown proposed to amend the second section, as amended, by ad- ing the following: "Where a county, either now or hereafter to be established, shall be ituated on the navigable waters of this state, the county seat thereof lay be established on said navigable waters, and in such case the county ne may run within less than ten miles of the former county seat; Provi- ed, a majority of the legal voters concur therein." On motion of Mr, Wead, The previous question was ordered, Those voting in the affirmative, are, It. Adams Mr. Harper Mr, Nichols Akin Harvey J. M. Palmer Allen Hayes Rives Anderson Hoes Robbing Atherton Holmes Robinson Ballmgali Hunsaker Servant Blair Hurlbut Sharpe Bunsen Huston Shields Caldwell Jackson Sim J. M Campbell Lander E. O. Smith Carter Lasater J. Smith Z. Casey Linley Spencer Choate Lockwood Stadden Daw son Logan Swan Dumaier McCully Thomas Duulap McHatton Thomson Dunn Manly Trower Eccles T. A. Marshall Turner Evey Mieure Vernor Frick Miller Wead Geddes Moore Webber H. R. Green Morris Wst. 28 o 434 JOURNAL OF THE CONVENTION. Those voting in the negative, are, Mr. Armstrong Bosbyshell Brockman Brown T. Campbell Churchill Colby Constable Grain S. J. Cross Dale J. M. Davis Dunsmore C. Edwards N. W. Edwards Farwell Graham F. Green- Gregg Grimshaw Harding Mr. Harlan Hatch . Henderson* Hogue James Jenkins W. C. Kinney A. R. Knapp N. M. Knapp Knowlton Knox Kreider Laughlio Lemon McCallen McClure Markley F. S. IX Marshall Mason Moffett Norton Mr. Oliver H. D. Palme? Peters Powers Pratt Roman Rountree Sh urn way Simpson Singleton Thornton TurnbuH Tuttle Vance Williams Witt Whiteside Whitney Woodson Worcester Mr. President. Mr. Brown withdrew his amendment. The question was taken^ by yeas and nays, on the adoption of the section, as amended, And decided in the affirmative, s, 74 60 Those voting in the affirmative, are, Mr, Adarns Archer Armstrong Bond Bosbyshell Bunsen Caldwell J, M. Campbell T. Campbell S. J. Cioss D. Davis J. M. Davis Bummer Dunlap Dunn Eccles Evey Farwell Geddes Grimshaw Harlan Harper Harvey Hayes Hoes Mr. Hurlbut Huston Jackson Jones Ai R. Knapp N. M. Knapp Knowlton Knox Kreider Lander Linley Lockwood Logan McCallen McCully McHatton Markley T. A. Marshall Mieure Miller Nichols H. D. Palmer J. M. Palmer Peteis Rives Mr. Robbins Robinson Rountree Servant Shields Sim Simpson E. O. Smith J. Smith Spencer Stadden Swan Thomas Thompson Thornton Trower Tuttle Vance We ad Webber West Williams Witt Woodson. iugust 20.] JOURNAL OF THE CONVENTION. 435 Those voting in the negative, are, M>. Akin Mr. N. W. Edwards Mr. McClure j Allen Frick Manly Anderson Graham Mason Atherton P. Green Moffett Ballingall Greg Moore j Blair Harding Morris Brown Hatch Norton Carter Heacock Oliver Z. Casey Henderson Powers Choate Hogue Pratt Churchill Holmes Roman Colby Hunsaker Sharpe Constable James Sibley " > Crain Jenkins Singleton Dale Judd TurnbuH Dawson Kenner Turner Deitz S. Kinney Vernor Dement] Lasater "Whitney Dunsmore Laughlin Worcester C. Edwards Lemon Mr. President. Mr. Vance moved a reconsideration of the vote taken on the adoption >f the first section of snid report. The question was taken, and the convention refused to reconsider. On motion of Mr. Brown, The convention proceeded to consider the other report of the majority f the same committee; the first section whereof being read, Mr. Brown moved to substitute the following: "Where a county, either now or hereafter to be established, shall be situated on the navigable waters of this state, the county seat thereof nay be established on said navigable waters and in such case the county ine may run within less than ten miles of the former county seat; Provi- kd, a majority of the legal voters of said county concur therein." 1 On motion, The convention adjourned until 3 o'clock, P. M. THREE O'CLOCK, P. M. Convention assembled pursuant to adjournment. On motion of Mr. C. Edwards, The rules were suspended to enable him to make a motion. On motion of Mr. C. Edwards, The committee on the Revision and Adjustment of the Articles of the Constitution, were authorized to employ a clerk. The question pending this morning when the convention adjourned, was >n the substitute offered by Mr. Brown, for the first section of the ma- ority report of the committee on Counties. Mr. McCallen called for a division of the question. The question was taken, and the convention refused to order a division. 436 JOURNAL OF THE CONVENTION. [August 20 The question was taken on the adoption of the substitute, and decided in the negative. Mr. Williams offered the following as a substitute for the first sectionl "All territory which has been or may be stricken offby legislative enl actment, from any organized county or counties, for the purpose of form] ing a new county, and such new county shall remain unorganized aftej the period enacted for such organization to take place, then such territc ry so stricken off shall be and remain a part and portion of the count^ or counties from which it was originally taken, for all the purposes o"| county and state government, and to participate in all the immunitiej thereof, until otherwise provided by law." Mr. Singleton moved to add the following proviso to the substitute: "Provided, the legislature may> upon the application of a majority ol the legal voters of any district of county, attach said district to any othe) county, or form a new county; Provided, the county lines are not thereby so altered as to run within ten miles of any county seat permanently tahlished." The question was taken, by yeas and nays, on the adoption of th< proviso, ... 35 ... 96 And decided in the negative, l^ ' 18 ' (IN ays, Those voting in the affirmative, are, Mr. Atherton Blair Brockman Brown Z. Casey Grain S. J. Cross C. Edwards Graham P. Green Gregg Harlan Mr. Hay Holmes James Kenner S. Kinney McHatton F. S. D. Marshall Mason Mieure Minshall Moffett Moore Those voting in the negative, are, Mr. Akin Allen Anderson Armstrong Ballingall Blakely Bosbyshell Bunsen J. M. Campbell T. Campbell Carter Choate Church Churchill Colby R. J, Cross Dale D. Davis Mr. J. M. Davis Dawson Dement Dummer Dunlap Dunn Dunsmore Eccles N. W. Edwards Frick Geddes H. R. Green Grimshaw Harding Harper Harvey Hatch Hawley Mr. Morris Nichols Powers Pratt Roman Sharpe Singleton J. Smith Thompson Whiteside Mr. President* Mr. Hayes Heacock Hogue Hunsaker Huston Jackson Jones Judd A. R. Knapp N. M. Knapp Knox Kreider Lander Lasater Laughlin Lemon Linley Lockwood lugust 20. J JOURNAL OF THE CONVENTION. 437 Lo^an Loudon McCallen Me Cully McClure Manly Markley T. A. Marshall Miller Northcott Oliver Pace H. D. Palmer Peters Rives Mr. Robbins Robinson Ro untrue Servant Shields Shuraway Sibley Sim Simpson Singleton Spencer Stadden Swan Thomas Mr. Thornton Trower Turnbull Turner Tuttle Vance Vernor Wead Webber West Williams Witt Whitney Woodson. The question was taken OR the adoption of the substitute, and deci- led in the affirmative. Mr. Markley proposed to add the following proviso to the first section as amended: "Provided, hozoever, that a county may be divided into two counties whenever a majority of the legal voters of such county shall be in favor of he same, when each of said counties shall contain not less than four hun- [red square miles and have a population of not less than six thousand. " The question was taken, by yeas and nays, on the adoption oi the proviso, And decided in the negative, Those voting in the affirmative, are. Nays, Mr. Allen Anderson Armstrong AthertQR Blair Brockman Brown Z Casey Choate Churchill Colby Grain R. J. Cross Dale Dement Dunsmore C. Edwards Graham P. Green W. B. Green Harding Mr, Harvey Hatch Hay Heacock Hogue Holmes Hunsaker Huston Jenkins Kenner S. Kinr.ey Knox Kreider Lasater Laughlia Lemon McCallen McHatton Markley Mason Miller Those voting in the negative, are, Mr. Akin -ballingall Blakely Bosbyshell feunsen Mr. J. M. Campbell T. Campbell Carter S. J. Cross D. Davis Mr. Minshall Moffett Moore Oliver Powers Pratt Roman Rountree Simpson Singleton J. Smith Turnbull Turner Tuttle Vance Vernor* Witt Whiteside Whitney Mr. President Mr. Dawson Dummer Dunlap Dunn Eccles 43S JOURNAL OF THE CONVENTION. [August 2 Mr. N. W. Edwards Mr. Lander Mr. Robbing Frick Linley Robinson , Geddes Lockwood Servant H. R. Green Logan Shields Gregg McCully Sibley Grimshaw McClure Sim Harlan Manly Spencer Harper F. S. D. Marshall Swan Hawley T. A. Marshall Thomas Hayes Mieure Thompson Hurl but Morris Thornton Jackson Northcott Trower James Norton Wead Judd H. D. Palmer Webber Kitchell J. M. Palmer West A. R. Knapp Peters Woodson. N. M. Knapp Rives Mr. Tultle offered the following as an amendment to the additiona section: "SEC. . There shnll be no territory stricken from any county unles a majority of the voters living in such territory shall petition for such d vision." Mr. Lemon moved to add the following to said amendment. "And no territory shall be added to any county without the consen of thejcounty to which it is added.'' The question was taken on the adoption of the amendment to th amendment, and decided in the affirmative. On motion of Mr. Logan, The main question was ordered. The question was taken on the adoption of the amendment, as amendec and decided in the affirmative. The question was taken on the adoption of the additional section, a amended, and decided in the affirmative. Mr % Whiteside moved to add the following to the second section. 44 The legislature shall at the next session alter the adoption of this con stitution, proceed to lay off the state into sixty counties, as nearly in a square form as practicable, and when so laid off, shall be permanently es tablished. The foregoing section shall be voted upon separately at th election of adoption of this constitution, and if it shall receive a majority of all the votes cast for and against it, it shall become a permanent pro vision and supersede all others coming in conflict with the same." On motion of Mr. Shields, The previous question was ordered. The question was taken, by jeas and nays, on the adoption of the amendment, offered by Mr. Whiteside, And ecidcd in the negative, \ MM v' 20.] JOURNAL OF THE CONVENTION. 439 Those voting in the affirmative, are, Mr. Atherton JBosbyshell Brown T. Campbell Carter Churchill C. Edwards Farwell Geddes Hurlbut Mr. James Judd S. Kiimey Lemon Logan Mason Peters Powers Pratt Robbins Those voting in the negative, are, Mr. Akin Allen Anderson Armstrong Ballingall Blair Blakely Brockman Bunsen J. M. Campbell Z. Casey Choate Church Crain R. J. Cross S. J. Cross Dale D. Davis J. M. Davis Dawson Dement Dummer Dunlap Dunn Dunsmore Eccles N. W. Edwards Frick Graham H. R. Green P. Green W. B. Green Gregg Mr. Grimshaw Harding Harlan Harper Harvey Hatch Hawley Hay Hayes Henderson Hoes Holmes Hunsaker Huston Jenkins Jones Kitchell A. R. Knapp N. M. Knapp Knox Kreider Lander Lasater Laughlin. Linley Lockweod Loudon McCallen McCully McClure McHattoa Manly Mr. Roman Servant Sharpe Singleton Turner Vance Whiteside Whitney Woodson Mr. President. Mr, Markley F. S. D, Marshall Mieure Miller Minshall MofFett. Moore Morris Northcott Norton Oliver Pace H. D. Palmer Rives Robinson Rountree Shields Sibley Sim Spencer Stadden Swan Thomas Thornton Trower Turnbuli Tuttle Vernor Webber West Witt Worcester. The question was taken on the adoption of the second section, and deci- ded in the affirmative. On motion of Mr. Eccles, The remaining sections of the majority report were laid on the table. On motion of Mr. Thomas, The sections adopted were referred to the committee on the Revision and Adjustment of the Articles of the Constitution. On motion of Mr. Woodson, The report of the committee on Law Reform, as made by Mr. N. M. Knapp, was taken from the table. The question was taken on the adoption of the first article and section of the report, and decided in the affirmative. 440 JOURNAL OF THE CONVENTION. [August 21. The question was consecutively taken on the adoption of the first and second sections of ihe second article, and decided in the affirmative. On motion of Mr. Logan, The third section was amended by striking out the word "herein,'' wherever it occurred. The question was taken, and the third section adopted. Mr. McCallen moved to amend the fourth section by striking out the word "one," in the filth line. The question was taken, and the amendment rejected. Mr.. F. S, D. Marshall moved to amend the same section by strildnj out all that part of the section commencing with the word "every," a,n< ending with the word "office." The question was taken, and decided in the affirmative. On motion of Mr. Logan, The same section as amended was further amended by striking out all after the word "office," in the fifth line. On motion of Mr. Brown, The same section was amended by inserting after the word "state,' 7 in the first line, the words "civil or military." The question was taken on the adoption of the fourth section, as amend- ed, and decided in the affirmative. The question was taken on the adoption of the preamble, and decided in the affirmative. On motion of Mr. Thomas, The preamble and articles as amended were referred to the committee on the Revision and Adjustment of the Articles of the Constitution. On motion of Mr. Peters, The report of the select committee on the Organization of Townships and the Management of County Affairs, was taken from the table for con- sideration. The question was consecutively taken on the adoption of the first anc second sections, and decided in tho affirmative. Mr. Logan moved to reconsider the vote taken on the adoption of the first section. On motion, The convention adjourned. SATURDAY, AUGUST 21, 1847. The convention met pursuant to adjournment. Prayer by the Rev. Mr. Barger. The journal of yesterday was read. On motion of Mr. Colby, The rules were temporarily suspended to enable him to offer a resolu- tion. Mr. Colby then offered the following resolution: "Resolved, that five thousand of the fifty thousand copies of the consti- tution ordered to be printed by this convention, be printed in the German language." August 21.] JOURNAL OF THE CONVENTION. 441 Mr. Hurlbut moved to add, "and one thousand in the Norwegian lan- guage." On motion, The previous question was ordered. Tiie question \vas taken, by yeas and nays, on the adoption of the amend- ment proposed by Mr. Hurlbut, And decided in the affirmative, as ' * Those voting ii i the affirmative, are, Mr. Armstrong Mr. Harlan Mr. Norton Bailmgall Harper Pace Blakely Harvey H. D. Palmer Bond Hatch J. M. Palmer Sosbyshell Heacock Peters Brown Henderson Pinckney Bunsen Hill Powers J. M. Campbell Holmes Pratt T. Campbell Hurlbut Rives Z. Casey Huston Robbins Choate Jackson Robinson Church Kenner Roman Churchill S. Kinney Rountree Colby Constable N. M. Knapp Knowlton Shu in way Simpson Grain Knox E. O Smith R. J. Cross Kreider J. Smith S. J. Cross Lander Spencer Dale Laughlin Stadden D. Davis Lockwood Thomas J. M. Davis Logan Thornton Deitz McCallen Turnbull Du miner Dunsmore McCully McClure Turner Vernor C. Edwards McHatton Webber Evey Farwell Markley Mason West Williams Frick Miller Whiteside Gecldes Minshall Whitney H. R. Green Moore Woodson W. B. Green Nichols Worcester Gre^g North cott Mr. President. Harding Those voting in the negative, are, Mr. Adams Mr. Hay Mr. T. A. Marshall Akin Hayes Mieure Allen Anderson Hogue Hunsaker Moffett Morris Atherton James Oliver Brockinan Jenkins Servant Canady Jones Shields Carter Judd Sibley Dawson Kite hell Sim Dunn A. R. Knapp Singleton Eccles Lasater Swan N. W. Edwards Lemon Thompson Graham Linley Tuttle P. Green Loudon Vance Grimshaw Manly Witt. Hawley F. S. Marshall 442 JOURNAL OF THE CONVENTION. [August 21. The question was taken, by yeas and nays, on the adoption of the resolution, as amended, And decided in the affirmative, ' j (Nays, 113 33 Those voting in the affirmative, are, Mr. Akin Allen Mr. Gregg Harding Anderson Harlan Archer Harper Armstrong Ballingall Harvey Hatch Blakely Bond Hawley Heacock Bosbyshell Henderson Brown Hill Bunsen Hoes J. M. Campbell Holmes T. Campbell Hunsaker Canady Hurlbut Carter Huston Z. Casey James Choate Jenkins Church S. Kinney Churchill Kitchell Colby N. M. Knapp Crain Knowlton R. J. Cross Knox S. J. Cross Kreider Dale Lander D. Davis Laughlin J. M. Davis Lemon Deitz Logan Dummer McCallen Dunlap McCully Dunsmore McClure Eccles McHatton C. Edwards Manly Evey Markley Farwell T. A. Marshall Frick Mason Geddes Mieure H. R. Green Miller W. B. Green Minshall Those voting in the negative, are, Mr. Adams Mr. Hayes Atherton Hogue Blair Jackson Brockman Jones Dawson Judd Dunn Kenner N. W. Edwards A. R. Knapp Graham Lasater P. Green Linley Grimshaw Lockwood Hay Loudon Mr. Moffett Moore Morris Northcott Norton Pace H, D. Palmer ,J. M. Palmer Peters Powers Pratt Robbins Robin?on Roman Rouritree Servant Sharpe Shumway Sim Simpson E. O. Smith J. Smith Spencer Stadden Thomas Thornton Turn bull Tuttle Vernor Webber West Williams Witt Whiteside Whitney Woodson. Worcester Mr. President. Mr. F. S. D. Marshall Oliver Pinckney Rives Shields Sibley Singleton Swan Thompson Turner Vance. August 21.] JOURNAL OF THE CONVENTION. 443 Mr. McCallen moved that the rules be suspended, to enable him to offer a resolution to provide for the printing of one thousand copies of the re- vised constitution in the Irish and French languages. The question was taken, by yeas and nays, on suspending the rules, And decided in the negative. And decided m the negative, (Yeas, . 59 <*$. t J ^j * j'O 454 JOURNAL OF THE CONVENTION. [August 23. Those voting in the affirmative, are, Mr. Akin Allen Anderson Archer Atherton Bailingall Blakely Bond Brown Bunsen Caldweli Carter Z. Casey Choate Colby Dunn Evey Haw ley Hay Hayea Hill Mr. Hansaker Hurl but Huston Jackson James Judd Kenner Kitchell Kreider Lasater Lemon Linley Loudon McCully McHatton Manly Markley T. A. Marshal* Miller Minshall Mr. Moffett Moore Oliver Pace H. D. Palme? J. M. Palmer Powers Pratt Robinson Roman Rountree Seates Shields Sim Simpson J. Smith Spencer Tutt Vernor Woodsonv Those voting in the negative, are, Mr. Adams Armstrong Bosby shell Brock man J. M. Campbell T. Campbell Canaday Church Churchill Grain K. J. Cross S. J. Cross Dale D. Davis J. M. Davis* Dawson Deitz Dai miner Dunsrnore Eccles C. Edwards N. W. Edwards Graham Geddes H. R Green W. B. Green Mr. Gregg Harding Harlan Harper Harvey Hatch Heacock Hendersoa Hoes Hogue Holmes] Jenkins Jones A. R. Knapr> N. M. Knaj>p Knowlton Knox Lander Laugh 1 in Lockwood Logan McCallen McClure F. S. D. Marshall Mason Mr. Mieure Morris Northcott Norton Peters Phvckney Rives Servant Shumway Sibley Singleton Stadden Swan Thomas ThorntoD Turn bull Turner Tattle Vance Wead Webber West Whiteside Whitney Mr. President. On motion of Mr. Morris-, The main question was ordered. Mr. Logan moved that the convention adjourn until 3 o'clock, P, M. The question was taken, and decided in the negative. The questioa was taken, by yeas and nays, on the adoption of the sub- stitute, And decided in the negative, (Yeas, T4 127 August M.] JOURNAL OF THE CONVENTION. Those voting in the affirmative, are, 455 Mr. Atherton Mr. Hayes Mr, Morris Brockman Hogue Oliver J. M. Campbell Huston Robinson Evey Geddes Linley Miller Singleton. Those voting in the negative, are, Mr. Adams Mr. Harvey Mr. Nichols Akin Hatch Northcott - Allen Hawlev Norton Anderson Hay Pace Archer Heacock H. D. Palmer Armstrong Henderson J. M, Palmer Ballingall Hoes Peters Blair Holmes Pratt Blakely Hunsaker Rives Bond Hurlbut Robbins Brown Jackson Roman Bunsen James Rountree Cal dwell Jenkins Scales Canaday Jones Servant Carter Judd Shields Z. Casey Choate Kenner Kitchell Shumway Sibley ' Church A. R. Knapp Sim Churchill N. M. Knapp J. Smith Colby Knovvlton Spencer Constable Knox Stadden Grain Kreider Swan R. J. Cross Lander Thomas S. J. Crosn Lasater Thompson Dale Laughlin Thornton D. Davis Lemon Trower J. M. Davis Lockwood Turnbull Dawson Logan Turner Deitz Loudon Tutt Dummer "* McCallen Tattle Dunn McCully Vanc Dunsmore McClure Vernor Eccles McHatton Wead C. Edwards Manly Webber N. W. Edwards Markley West _ Farwell F. S. D. Marshall Williams Graham T. A. Marshall Witt H. R. Green Mason Whiteside Gregg Mieure Whitney Grimshaw Minshall V\ oodson Harding Moffett Worcester Harlan Moore Mr. President. Harper The question was taken, by yea and nays, on the adoption of the additional section, And decided in the affirmative, I * 87 56 456 JOURNAL OF THE CONVENTION. [August 23. Those voting in the affirmative, are, Mr. Akin Mr, H. R. Green Allen Harlan Anderson Hatch Archer Hawley Armstrong Hayes Atherton Hoes Ballingali Hogue Blair Holmes Blakely Hunsaker Bond Huston Brockman James Brown Jenkins Bunsen Jones Caldwell Kitchett J. M. Campbell Kr eider Carter Lander Z. Casey Lasater Choate Laughlin Crain Lemon S. J. Cross Linley Dale Loudon J. M. Davis McCallen Dunn McCully Eccles McHattoa C. Edwards Manly Evey Markley Farwell T. A. Marshall Graham Moffett Geddes Moore Those voting in the negative, arc, Mr Adam* Mr. Henderson Canaday Hurlbut Church Jackson Churchill Judd Constable Kenner R. J. Cross A. H. Knapp JD. Davis N. M. Knapp Dawson? Knowlton Deitz Knox Dummer Lockwood Dunsmore Logan N. W. Edwards McClure Gregg F. S. D. Marshall Grimshaw Mason Harding Mieure Harper Miller Harvey Minshall Hay Northcott Heacock Mr. Morris Nichols Oliver Pace J. M. Palmer Pratt Rives Robbins Robinson Roman Rountree Scales Servant . Shields Sh urn way Sim Simpson J. Smith Stadden Thornton Trovver Tutt Vernor Weed West Witt Whiteside Woodson Mr. President. Mr. Norton H. D. Palmer Peters Pinckney Powers Sibley Singleton Swan Thomas Thompson Turnbull Turner Tuttle Vance Webber Williams Whitney Worcester. On motion, The convention adjourned to 3 o'clock, August 23.] JOURNAL OF THE CONVENTION. 457 THREE O'CLOCK, P. M. The convention met pursuant to adjournment. The question was taken on the adoption of the fifth section, as amended by the additional section agreed to this morning, and decided in the affirmative. Mr. Swan offered the following as an amendment to the fth section: *' The legislature shall pass no law, nor shall any law be in force, after the adoption of this constitution, that shall prohibit the citizens of this state from feeding the hungry, or clothing the naked, or restrain them exercising the common principles of philanthropy, or dictates of humanity. Nor sh.ill any law remain in force that recognizes the principle that a per- son of color is presumed to be a slave until he has proved himself to be free, or that prescribes whipping as a punishment lor offences. But the legislature shall provide bylaw for the support of schools for the educa- tion of colored children, and shall adopt such other measures as they may deem expedient for the benefit and improvement of colored persons in this state." On motion of Mr. MoCallen, The amendment was laid on the table, ] ^ a ' ( Those voting in the affirmative, are, 99 27 Mr. Akin Allen Anderson Armstrong Atherton Ballingali Blair Blakely Bond Bosbyshell Brockman Brown Bunsen Caldwell T. Campbell Canady Carter Z. Casey S. J. Cross Dale J. M. Davis Dawson Dummer Eccles C. Edwards N. W. Edwards Evey Frick Graham Geddes H. R. Green Harding Harlan Harper Mr. Harvey Hawley Hay Hayes Henderson Hill Hogue Holmes Hunsaker James Jones Kenner W. C. Kinney KitcheH A. R. Knapp N. M. Knapp Knowlton Knox Kreider Lander Lasater Laughlin Lemon London McCallen McCully McClure McHatton Manly Mark ley F. S. D. Marshall T. A. Marshall Mieure Minshall Mr. Moffett Moore Morris Northcott Oliver Pace J. M. Palmer Peters Powers Rives Robbins Robinson Roman Rountree Scales Shields Shumway Sim Singleton Stadden Thomas Thornton Trower Tutt Vernor Wead West Williams Witt Whiteside WoodsonJ Worcester Mr. President. 458 JOURNAL OF THE CONVENTION. [August 23J Those voting in the negative, are, Mr. Adams Church Churchill Colby R. J. Cross Deitz Heacock Hurlbut Huston Mr. Jackson Judd Lockwood Logan Mason Nichols Norton H, D. Palmer Pinckney Mr. Pratt Sibley Spencer Swan Thompson Turnbull Turner Vance Whitney. Mr. Church moved the following as an amendment to the seventh sec tion: " The legislature shall pass no law preventing any citizen of any om of the United States from emigrating to or settling within this state." On motion of Mr. Akin, The amendment was laid on the table, < XT eaS ' (Nays, Those voting in the affirmative, are, 89 49 Mr. Akin Allen Anderson Archer Atherton Eailingall Blair BlakeJy Bond Bosbyshell Broekman Bunsen Caldwell J. M. Campbell T. Campbell Carter Z. Casey Choate Dale J. M. Davis Dawson D u miner Dunn Dunsmore C. Edwards N. W. Edwards Evey Graham Geddes P. Green Mr. Harding Harlan Harper Harvey Hay Hayes Hill Hogue Holmes Hunsaker Huston Jackson James Jones W. C. Kinney Knox Kreider Lander Lasater Lemon London McCallen McCully McClure McHatton Manly Mark ley T. A. Marshall Mieure Minshall Mr. Moffett Moore Morris Oliver Pace Rives Bobbins Robinson Roman Rountree Scates Servant Shields Shumway Sim Simpson Singleton J. Smith Stadden Thomas Thornton Tutt Vance Vernor Wead Williams Witt Woodson Mr. President. Those voting in the negative, are, Mr. Adams A mstrong Brown Church Churchill Colby Mr. R. J. Cross S. J. Cross D. Davis Deitz Eccles Frick Mr. H. R. Green Gregg Heacock Henderson Hoes Hurlbut 23. J JOURNAL OF THE CONVENTION. 459 Judd Kenner Kitchell A. R. Knapp N. M. Knapp Knowlton Laughlin Lockwood Logan F.I.D. Mason Marshall Mr. Nichols Northcott Norton H. D. Palmer J. M. Palmer Peters Pinckney Pratt Sibley Spencer Mr. Swan Thompson Trower Turnbull Turner Tuttle West Whiteside Whitney Worcester. fMr. Whitney offered the following as a substitute for the sixth section: j*' Trial by jury shall be allowed in all suits at law, but a jury trial may waived by the parties in all civil cases, in the manner prescribed by V.' 1 The question was taken, and the substitute rejected. The question was consecutively taken on the adoption of the 6th d 7th sections, and decided in the affirmative. Mr. R. J. Cross moved to amend the 8th section by striking out the rd u freeman," and inserting in lieu thereof the word " person." A division was called for, so as to vote first on striking out. The question was taken, by yeas and nays, on striking out, And decided in the negative, (Yeas, {Nays, Those voting in the affirmative, are, Adams Church Churchill R. J, Cross D. Davis Deitz Dummer C. Edwards Graham Mr. Harding Harper Hurlbut Jackson Judd k San Mason Norton Peters Mr. Pinckney Sibley Swan Thompson Trower Turnbull West Whitney. 26 100 'hose voting in the negative, Akin Allen Archer Armstrong Atherton Ballingall Blair Blakely Bosbyshell Brockman Brown Bunsen Caldwell J. M. Campbell T. Campbell Canady Carter Z. Casey Mr. Choate Constable S. J. Cross Dale Dawson Dunn Dunsmore Eccles N. W. Edwards Ever Frick Geddes H. R. Green P. Green Gregg Harlan Harvey Hatch Mr. Hawley Hay Hayes Henderson Hill Hogue Hunsaker Huston James Jones Kenner Kitchell A. R. Knapp Knowlton Knox Kreider Lander Lasater 460 JOURNAL OF THE CONVENTION. [August Mr. Laughlin Mr. Northcott Mr. Sim Lemon Oliver Simpson Lockwood , Pace Singleton McCallen H. D. Palmer Spencer Me Cully J. M. Palmer Stadden McClure Pratt Thornton McHatton Rives Tutt Manly Robbins Tuttle Markley Robinson Vance F. S. D. Marshall Roman Vernor T. A. Marshall Rountree Witt Mieure Scates Whiteside Minshall Servant Woodson Moffett Shields Worcester Moore Shumway Mr. President. Nichols Mr. Kitchell moved to amend the 8th section by striking out all a the word " land," in the third line. Mr. Whiteside moved to amend the motion by inserting in lieu of part proposed to be stricken out, the following: " And all public grounds, streets, and alleys laid upon and rccorde< any city, town, hamlet, or village plat shall remain common to the inh itants thereof; unless by the unanimous will of those interested ther the said plat may be altered, amended, or abolished." On motion of Mr. Constable, The amendment to the amendment was laid on the table. The question was taken on the amendment proposed by Mr. Kitct and decided in the affirmative. The question was taken on the adoption of the 8th section, and d ded in the affirmative. On motion of Mr. Sim, The 9th section was amended by striking out the word " vicinage,' the fourth line, and by inserting in lieu thereof the words " count) district wherein the offence shall have been committed, which county district shall have been previously ascertained by law." Mr. Kitchell moved to amend the 9th section by inserting after word " favor," the words ** but no person ought to be detained, requ to give bail, or compelled to attend as a witness without just compel tion," and also to insert after the word " information" the words " accused hath a right to." On motion of Mr. Constable, The amendment was laid on the table. Mr. Hawley moved to amend the same section by inserting after word "him," in the second line, the words " and to have a copy there The question was taken, and the amendment rejected. The question was taken, and the 9th section, as amended, adopted. On motion of Mr. Lockwood, The following was substituted in lieu of the I0th section: " No person shall be held to answer for a criminal offence unless on presentment or indictment of a grand jury, except in cases of impea ment, or in cases cognizable by justices of the peace, or arising in the my and navy, or in the militia when in actual service in time of wa public danger; Provided, that justices of the peace shall try no pel tst 23.] JOURNAL OF THE CONVENTION. 4C1 pt as a court of inquiry, for any offence punishable with imprison- or death, or fine above $100." ie question was taken on the adoption of the 10th section, as amend- nd decided in the affirmative. r. Kitchell offered the following as an amendment to the llth sec- no person ought to be detained or required to attend as witness ny cause without just compensation, nor shall any man's particular ces be demanded, or property taken or applied to public use without compensation, and in accordance with law.'-' On motion of Mr. Constable, ie amendment was laid on the table, lose voting in the affirmative, are, anady Carter Casey Church Constable J. Cross )ale D. Davis M. Davis Dawson )eitz uraraer 'unsmore Eccles C. Edwards N. W. Edwards Frick H. R. Green *. Green rrimshaw Mr. Harlan Harper Hayes Henderson Hill Hoes Holmes Hunsaker Huston Jackson James Jones A. R. Knapp N. M. Knapp Knovvlton Knox Kreider Lasater %. Lemon Logan McCully McClure McHatton Manly Markley F. S. D Marshall T. A. Marshall lose voting in the negative, are, ircher Jallingall rockman tansen M. Campbell T. Campbell Choate Churchill Colby Evey Farwell Graham Geddes W. B. Green Mr., Hatch Hawley Hay Hogtie Hurlbut Kenner Kitchell Lander Laughlin Lockwood McCallen Mieure Moore Mr. Minshall Moffett Nortfecott Oliver J. M. Palmer Peters Powers Rives Robinson Scates Shields Sim Simpson J. Smith Stadden Swan Thomas Thornton Turnbull Turner Tuttle Vance Webber Witt Whiteside Woodson Worcester. Mr. Morris Nichols Rountree Servant Sh um way Sibley Spencer Tutt Vernor Wead West Williams Mr. President, 462 JOURNAL OF THE CONVENTION. [August On motion of Mr. Kitchell, The 1 1th section was amended by adding thereto the following: And the legislature shall make provision by law for the payment witnesses in criminal cases, where they are required to attend courts o\ of their own counties." On motion of Mr. D. Davis, The last vote was reconsidered. On motion of Mr. Harvey, The amendment was laid on the table. The questions were taken consecutively on the adoption of the lltj 12th, and 13th sections, and decided in the affirmative. Mr. McCallen moved to amend the 14th section by inserting after tl word "offence," in the first line, the words "punishment by death shall no case be inflicted." Mr. Hayes moved to substitute for the amendment the words "therefoj punishment by death shall not be inflicted." Mr. J. M. Campbell moved to lay the amendment and the amendme;! thereto on the table. Mr. Kenner called for a division of the question. The question was taken, and the convention refused to order the vision. The question was taken, by yeas and nays, on laying the amendnru and the amendment thereto on the table, And decided in the affirmative, (Yeas, {Nays, 83] 491 Those voting in the affirmative, are, Mr. Akin Allen Anderson Archer Armstrong Atherton Blair Bosbyshell Brown J. M. Campbell T. Campbell Zadok Casey Choate Colby R. J. Cross S. J. Cross Dale J. M. Davis Dawson Dummer Dunn Dunsmore Eccles N. W. Edwards Frick Grimshaw Harding Harlan Mr. Harper Harvey Hatch Hawley Heacock Hoes Hunsaker Jackson Jones Kitchell A. R. Knapp N. M. Knapp Knox Kreider Lander Lasater Laughlin Lemon Lockwood Logan McCully McClure McHatton Manly Markley F. S. D. Marshall T. A. Marshall Mason Mr. Mienre Moffett Moore Morris North cott Norton Oliver Pace H D. Palmer J. M. Palmer Peters Rives Robinson Rountree Shields Shumwa)* Simpson E. O. Smith Spencer Swan Thompson Vance Vernor West Witt Woodson Mr. President. August 23.] JOURNAL OF THE CONVENTION. 463 Those voting in the negative, are, Mir. Ballingall Mr. Hay Mr. Roman Bond Hayes Scates Brockman Henderson Servant Bunsen Hill Sibley Caldvvell Hurlbut Sim Canady Huston Stadden Carter James Thornton Church Judd Trower Churchill Kenner Turner Constable W. C. Kinney Tutt C. Edwards McCallen Tuttle Evey Miller Wead Farwell Minshall Webber Graham Nichols Williams Geddes Pi/ickney Whiteside P. Green Robbins Worcester. W. B. Green On motion of Mr. Harvey, The 15th section was amended by adding thereto the following: "SEC. . There shall be neither slavery nor involuntary servitude in this state, except as a punishment for crime, whereof the party shall have been duly convicted." Mr. Caldwell moved to amend the 15th section by striking out the Words "or in cases where there is strong presumption of fraud." The question was taken, and the amendment rejected. The question was taken, and the 15th section, as amended, adopted. Mr. West moved to amend the 16th section by inserting after the word "made," at the end of the first line, and to insert before the word "and," at the beginning of the second line, the words "nor any law depriving a party of any remedy for enforcing a contract which existed when the sontraet was made." Mr. Witt moved to lay the amendment on the table. The question was taken, and decided in the negative. Mr. Williams offered the following as a substitute for the amendment: " No person shall be deprived of a remedy in cases of wrongs or inju- ries to person or property." The question was taken, and the substitute rejected. The question was taken on the adoption of the amendment proposed by Mr. West, and decided in the negative. On motion of Mr. Logan, The 16th section was amended by striking out the word "validity/ 1 and inserting in lieu thereof the word " obligation." Mr. Williams offered the following amendment: "SEC. . The general assembly shall pass no law whereby any free- man shall be deprived of his life, liberty, property or franchises without trial and judgment or decree in some usual or regular judicial tribunal; Provided^ that persons and property shall be subject to arrest and seizure for purposes of trial, judgment or decree; Provided, further, that this sec- ; tion shall not apply to laws for the collection of taxes, nor to laws provid- ing for taking private property for public use." Mr. D. Davis moved that the convention adjourn. 464 JOURNAL OF THE CONVENTION. [August The question was taken, and decided in the negative. Mr. N. W. Edwards offered the following as a proviso to the amend ment: "Provided, nothing herein shall be intended to disturb the ancient anc established jurisdiction of the courts and modes of trial and summary ju- risdiction, known and in use before the adoption of this constitution." Which proviso Mr. Williams accepted as a modification. On motion, The convention adjourned. TUESDAY, AUGUST !24, 1847. The convention met pursuant to adjournment. Prayer by the Rev. Mr. Bailey. The journal of yesterday was read. The convention resumed the consideration of the 8th article of the olc constitution, as substituted for the report of the committee on the Bill 01 Rights. The question pending when the convention adjourned on yesterday, was on the amendment offered by Mr. Williams to the 16th section. Mr. Whiteside moved to amend the amend.nent, as modified, by adding thereto the following: "Provided further, that it shall not extend to cases of fugitives from labor." Mr.Harvey moved to lay the amendment, as modified, with the amend- ment thereto, on the table. The question was taken, and decided in the negative. The question was taken, by yeas and nays, on the adoption of the amendment, as proposed by Mr. Whiteside, And decided in the affirmative, ' { i\ays, . Oo Those voting in the affirmative, are, Mr. Akin Mr. Eccles Mr. Laughlin Archer Evey Lemon Armstrong Frick Linley Atherton P. Green McCallen BalHngall Gnmshaw McCully Blair Harvey McClure Blakely Hatch McHatton Bosbyshell Henderson Manly Brockman Hogue Markley Bunsen Hunsaker Mieure Caldwell Huston Moffett J. M. Campbell James Moore Carter Jenkins Nichols Z. Casey W. C. Kinney Oliver Choate Kitchell Pace Grain N. M. Knapp Pratt Dunlap Kreider Robbins Dunn Lasater Robinson Dunsmore August 24.] JOURNAL OF THE CONVENTION. 465 Mr. Roman Mr. Simpson Mr. Webber Rountree J. Smith Williams Scales Thornton Witt Shields Trower Whiteside Shiimway Tut! Worcester Sim Vernor Mr. President. Those voting in the negative, are, Mr. Adams Mr. W. B. Green Mr. Miller Anderson Harding Minshall Brown Harlan Morris T. Campbell Harper Northcott Canuduy Hay Norton Choute Heacock H. D. Palmer Church Hurlbut Peteis Churchill Jackson Rives Coiby Jones Sibley R. J. Cross Judd E. O. Smith Dale Kenner Spencer D. Davis S. Kinney Stadden J. M. Davis Knowlton Swan Dawson Knox Thompson Deitz Lander Turnbull Dummer Lockwood Turner N. VV. Edwards Logan Tuttle Graham F. S. D. Marshall Vance Geddes T. A. Marshall Whitney. H. R. Green Mason Mr. Harvey moved to add the fo'lowing to the amendment, as modified: "And provided fwthcr, that the foregoing shall not prevent the sale of perishable property before judgment in attachment, in cases prescribed by aw." Mr. Turnbull moved to lay the amendment to the amendment on the able. The question was taken, and decided in the negative. The question was taken, and the amendment to the amendment agreed o. Mr. N. M. Knapp moved to add the following proviso to the amend- ment as modified: " And provided further ', that this section shall not be construed to inter- ere \vith the recovery of fugitives from justice under requisitions of the kcutiyea of other states." On motion of Mr. Williams, The jimendrnent, as modified, \vith the proviso were laid on'the table. Mr. Brown offered the following as an amendment to the 16th section: **SEC. . If any person shall hereafter challenge another to fightaduel, with any deadly weapon, or in any manner whatever, the probable issue rf which might result in the death of either of the parties; or if any person hall u'-eeut a challenge, or otherwise agree to fight a duel, or who shall be the hrnierofa challenge or an acceptance of a challenge, whether the lame be verbal or written, knowing the same to be such; or if any person mall he present at the fighting ot any duel as aforesaid, as the second or lid of either party, every person so offending shall thereafter be rendered 30 466 JOURNAL OF THE CONVENTION. [August 24. incapable of holding or being elected to any office of honor, profit, or trust, either civil or military, under the government of this state." Mr. Grirnshaw offered the following as a substitute for the amendment: "Any person who shall, after the adoption of this constitution, fight a duel, or send or accept a challenge for that purpose, or be aider or abet- tor in ligh'ing a duel, shall be deprived of the right of holding any office of honor or profit in this state, and shall be punished otherwise in such manner as is or may be prestriibtd by law." Mr. Whiteside moved to lay the amendment and substitute on the table The question was taken, by yeas and nays, And decided in the negative, 7 127 Those voting in the affirmative, are, Mr. J. M . Campbell Hogue James Mr. W. C. Kinney Morris Those voting in the negative, are, Mr. Adams Akin Archer Armstrong Atherton Ballingall Blair Blakely Bond Bosbyshell Brown Bunsen T. Campbell Canady Carter Z. Casey Choate Church Churchill Colby Constable R. J. Cross S. J. Cross Dale D. Davis J. M. Davis Dawson Deitz Dummer Dunlap Dunn Dunsmore Eccles N. W. Edwards Evey Fhck Graham Geddes Mr. H. R. Green P. Green W. B. Green Grim sh aw Harding Harlan Harper Harvey Hatch Hawley Hay Hayes Heacock Henderson Hoes Hunsaker Hurlbut Huston Jackson Jenkins Jones Judd Kenner S. Kinney Kitchell A. R. Knapp N. M. Knapp Knox Kreider Lander Lasater Langhlin Lemon Lin ley Lockwood Loudon McCallen McCully Mr. Roman Whiteside. Mr. McClure McHatton Manly Markley F. S. D. Marshall T. A. Marshall Mason Mieure Miller Minshall Motfett Moore Nichols Northcott Oliver Pace H. D. Palmer J. M. Palmer Peters Piuckney Rives Robbins Robinson Rountree Scales Servant Shields Shu in way Sibley Sim Simpson E. O. Smith Spencer Stadden Swan Thompson Thornton August 21.3 JOURNAL OF THE CONVENTION, 4G7 Mr. Trower Turnbull Turner Tutt Tuttle Mr. Vance Vrnor Wead Webber Williams Mr. Witt Whitney Worcester Mr. President. The question was taken on agreeing to the substitute for the amend- ment, and decided in the affirmative, The question was taken on (he adoption of the K'th section, as amend- ed, and decided in the affirmative. Mr. Brockrnan moved to add the following proviso to the 17th section: "Provided, the word "freeman," as employed in this constitution, shall not extend to any negro or mulatto, nor shall the legislature ever hereafter extend the right of suffrage to negroes or mulattoes of African blood." On motion of Mr. Adams, The proviso was laid on the table, Those voting in the affirmative, are, (Yeas ? (Nays, Mr. Adams Armstrong Ballingall Blar Bosbyshell Brown Canaday Carter Choate Church Churchill R. J. Cross Dale J. M. Davis Dawson Deitz Dummer Dunn Dunsmore N. W. Edwards Frick Graham H. R. Green W. B. Green Mr. Grimshaw Hardi-ng Harlan Harper Harvey Haich Heacock Henderson Hoes Hurl but Jackson Jones Judd Kenner S. Kinney A. R. Knapp N. M. Knapp Knox Lander Lockwood Loud on McClure F. S. D. Marshall T. A. Marshall Those voting in the negative, are, Akin Archer Atherton Blakely Brock man Bunsen J. M. Campbell Z. Casey S. J. Cross Dunlap Eccles Geddes P. Green Mr. Hayes Hogue Hunsaker Huston James Jenkins W. C. Kinney Kitchell Kreider Lasater Laugh Hn Lemon Linley Mr. Mason Miller Minshall Moifett Northcott H. D. Palmer Peters Pinckney Pratt Sibley Sim E. O. Smith Spencer Stadden Swan Thompson Thornton Trower Turnbull Turner Tuttle Vance Williams Whitney* Mr. McCallen McCully McHattor, Manly Markley Morris ' Oliver Pace J. M. Palmer Rives Robinson Roman Rountre* 60 468 JOURNAL OF THE CONVENTION. August Mr,. Shields Simpson Singleton J. Smith Mr. Tutt Vernor Wead Webber Mr. Witt Wbiteside Worcester Mr. President. On motion of Mr. Harding, The previous question was ordered. The question was taken, and the 17th section adopted. On motion of Mr. Whitney, The vote taken yesterday, rejecting a substitute offered by him for the tJth section, was reconsidered. On motion of Mr. Witt, The vote taken on the adoption of the 6th section on yesterday was reconsidered. Mr. Whitney modified his motion by making it one to add the follow- ing to the 6th section: 44 And shall extend to all cases at law, without regard to the amount in controversy." The question was taken, by yeas and nays r And decided in the affirmative, rigreed on, and as fast as disposed of in convention, that they be passed to the printer. On motion of Mr. Athertnn, The previous question was ordered. 496 JOURNAL OF THE CONVENTION. [August 26. The question was taken on the motion made by Mr. Scates, and deci- ded in the negative. On motion of Mr. Thomas, The report of the committee on Education was taken from the table. Mr. T. Campbell moved to strike out the 4th and 5th sections, and to insert the following in lieu thereof: <4 SEC. . The supervision of public instruction shall be vested in a state superintendent, and such other officers as the general assembly may direct. The state superintendent shall be elected by the qualified voters of the state; shall hold his office for the term of three years, and until his- successor is elected and qualified, and shall receive a salary of one thou- sand fiv hundred dollars per annum. The general assembly shall pro- vide for filling vacancies in the office of state superintendent. The duties and powers of state superintendent shall be prescribed and defined by law." Mr. Atherton moved to lay the report and amendments on the table. Mr. Logan called for a division of the question so as to vote first on lay- ing the amendment on the table, and the convention seconded the call. The question was taken, by yeas and nays, on laying the amendment on the table, And decided in the negative, 63 75 Thosq voting in the affirmative, are, Mr. Akin Atherton Blair Bunsen aldwell Canaday Choate Grain L>. Davis T. G. C. Davw Dawson Deilz Dummer Eccles N. W. Edwards Evey Frick P. Green W. B. Green Grimshaw Harlan Harper Mr. Hawley Hay Heacock Hunsaker Jones Kenner Kitchell Kreider Lasater Lemon Linley Logan Loudon McHatton Markley F. S. D. Marshall Matheny Mieure Morris Nichols Northcott Mr. Oliver H. .0. Palmer Rives Robbins Robinson Roman Rountree Scates Shields Shumway Simpson E. O. Smith J. Smith Swan Thornton Turnbull Tuttle Vernor Williams Witt Woodson. Those voting in the negative, are, Mr, Adams Anderson Armstrong Ballingall Blakely Bond Mr. Bosbyshell Brockraan Brown J. M. Campbell T. Campbell Cartei- Mr. Z. Casey ' Church Churchill R. J. Cross S. J. Cross Dale August 27.] JOURNAL OF THE CONVENTION. 497 Mr. J. M. Davis Mr. James Mr. Pace Dement Jenkins J. M. Palmer Dunlap Judd Peters Dunsmore S Kinney Pinckney C. Edwards N. M. Knapp Pratt Farwell Knowlton Servant Graham Knox Sibley Geddes Lander Sim H. R. Green Laughlin Spencer Gregg Lockwood Stadden Harding McCallen Thompson Harvey Me Cully Turner Haich . McClure Tutt Henderson Mason Webber Hoes Miller West Hogue Minshall Whiteside Hurl but Moffett Whitney Huston Moore Worcester Jackson Norton Mr. President. The question was taken on laying the report on the table, and decided in the negative. Mr. J. M. Davis moved to amend the amendment by striking out all after the word "instruction, 1 ' and to insert in lieu thereof the words "may be vested in a state superintendent, in such manner and with such compensation as the general assembly may direct." Mr. T. Campbell modified his amendment by striking out the words "elected by the qualified voters of the state,'* and by inserting in lieu thereof the words ''appointed by the governor, by and with the advice and consent of the senate," and by striking out the second word " elected/" and by inserting in lieu thereof the word "appointed." On motion of Mr. C. Edwards, The convention adjourned. FRIDAY, AUGUST 27, 1847. The convention assembled pursuant to adjournment. Prayer by Rev. Mr. Bergen. The journal of yesterday was read. On motion of Mr. Constable, A call of the convention was ordered; The call was proceeded in for some time, and the following gentlemen were found to be absent: Messrs. Adams, Anderson, Brown, Butler, F. S. Casey, (sick) T. G. C. Davis, (ill) Dement, Edmonson, (sick) C. Edwards, Farwell, P. Green, W. B. Green, Harvey, Hill, Jones, Logan, McCully, Manly, Matheny, H. D. Palmer, J. M. Palmer, Pinckney, Scates, (on committee) Servant, Sharpe, Sherman, Singleton, Thomas, (on committee) Thompson, Tur- ner, Vance, Wead, and Worcester 33. On motion of Mr. Archer, Further proceedings under the call were dispensed with. 32 438 JOURNAL .OF THE CONVENTION. [Augusts:. Mr. Culdwell offered for adoption the following sections: SECTION 1. There shall be levied upon all the taxable property of thia state, a tax of three mills upon every dollar's worth of such property; which, as collected, shall be faithfully applied to the payment of the in- ternal improvement debt of this state. SEC. 2. The collectors of the several counties of this state, in making collections of the tax provided for in the last section, shall receive in pay- ment of said tax the indebtedness of this state incurred on account of the internal improvement system, or specie, in payment of said tax, on an as- sessment of two mills upon every dollar's worih of all the taxable proper- ty in this state. SEC. 3. The general assembly shall, by law, make such provisions as will enable the holders of such indebtedness to deposite the same with the auditor of public accounts, and receive in lieu thereof certificates, in suita ble sums, which shall be receivable in payment of the tax provided for in the first section. On motion of Mr. D. Davis, The sections were laid on the table, and 250 copies ordered to be print ed for the use of the convention. Mr. N. W. Edwards offered for adoption the following additional sec tion: " It shall be the duty of the legislature to ascertain upon what terms i satisfactory arrangement can be made with our creditors for the pay men of the state debt, and if any agreement can be entered into that meet: with the approbation of the general assembly, the law containing the terms of such compromise shall be submitted to the people, and if apj proved by a majority for and against the same, shall be irrepealuble, am it shall be the duty of the general assembly to pass all laws necessary t< enforce its provisions, and continue the same in force until the stipulation) on the part of the state shall have been complied with." On motion of Mr. D. Davis, The additional section was laid on the table, and 250 copies ordered to be printed for the use of the convention. The convention resumed the consideration of the report of the commil tee on Education. The question pending when the convention adjourned on yesterda 1 was on the amendment proposed by Mr. J. M. Davis lor the amendmei offered by Mr. T. Campbell for the 4th and 5th section of the report. Mr. Armstrong moved to lay the amendment, proposed by Mr. J. Davis, on the table. Mr. J. M. Davis withdrew his amendment. Mr. Logan proposed the same amendment withdrawn by Mr. J. M. D'< vis Mr. Pratt moved *o lay the amendment on the table. Mr. J. M, Davis moved the previous question. Mr. T.Campbell modified his amendment by inserting after the woi "governor," the words '* by and with the advice and consent of the sci ate/' The question was taken, by yeas and nays, on laying the amendment offered by Mr. Logan, on the table, iugust 27.] JOURNAL OF THE CONVENTION. 499 (Yeas And decided in the negative, < ^ ' 64 79 Those voting in the affirmative, are, Mr. Archer Armstrong Ballingall Bosbyshell J. M. Campbell T. Campbell Carter Church Churchill Constable R. J. Cross Dement Dummer Dunlap C. Edwards Farwell Graham H. R. Green Gregg Harding Harper Harvey Mr. Hatch Hawley Heacock Henderson Hoes Hurlbut Huston Judd S Kinney W. C. Kinney A. R. Knapp N. M. Knapp Knowlton Knox Lasater Laughlin Lockwood McClure McHatton Mason Miller Mr. Minshall Moffett Moore Peters Pirickney Pratt Servant Sibley J. Smith Spencer Stadden Thompson Turnbull Turner Ttitt Wead Webber Williams Whitney| Worcester Mr. President. Those voting in the negative, are, VIr. Adams Akin Anderson Atherton Blair Blakely Bond Brockman Bunsen . Caldwell Canaday Z. Casey Choate Crain S. J. Cross Dale D. Davis J. M. Davis T. G. C. Davis Dawson Deitz Dunn Dunsmore Eccles N. W. Edwards Evey Frick Mr. Geddes Mr. Morris P. Green Nichols Grimsbaw .Northcott Harlan Oliver Hay Pace Hayes H. D. Palmer Hogue Rives Holmes Robbins Hunsaker Robinson Jackson Roman James Rountree Jenkins Scates Kenner Shields] Kitchell Kreider Shumway Sim Lander Simpson Lemon E. O. Smith Linley Swan Logan Thornton Loudon Trower McCallen Tuttle McCully Vance Markley Vernor F. S. D. Marshall Witt T. A. Marshall VVhiteside Matheny Woodson. The question was taken on ordering the previous question, and decided D the affirmative. 500 JOURNAL OF THE CONVENTION. [August 27. The question was taken, by yeas and nays, on agreeing to the amend- ment proposed by Mr. Logan" to the amendment offered by Mr T. Camp- bell, And decided in the affirmative, (Yeas, {Nays, Those voting in the affirmative, are, Mr. Adams Mr. Grimshaw Akin Harlan Anderson Hay Atherton Hayes Blair Hogue Blakely Holmed Bond Hunsaker Bunsen Jackson Caldwell James Canady Jenkins y^adok Casey Kenner Choate Kitchell Crain Knox S. J. Cross Kreider Dale Lander D. Davis Lasater J. M. Davis Lemon T. G. C. Davisr Linley Dawson Logan Deitz Loudon Dunn McCallen Dunsrnore McCully Eccles . Markley N. W. Edwards F. S. D. Marshall Evey T. A. Marshall Frick Geddes Matheny Mieure P. Green fc Those voting in the negative, are, Mr. Archer Mr. Harper Armstrong Harvey Ballingall Hatch Boshyshell Hawley Brockman Heacock Brown Henderson J. M. Campbell Hoes T. Campbell Hurlbut Carter Huston Church Judd Churchill S. Kinney Constable W. C. Kinney R. J. Cross A. R Knapp Dement N M. Knapp Dummer Know! ton Dunlap Laugh lin C. Edwards Lock wood Farwell McClure Graham McHatton H. R. Green Mason Grepg Miller Harding Mr. Morris Nichols Norton Oliver Pace H. D. Palmer Rives Bobbins Robinson Roman Rountree Scates Shields Shumway Sim Simpson E. O. Smith J. Smith Thornton Trower Tuttle Vance Vernor Williams Witt Whiteside Woodson. Mr. Minshali MoffeU Moore Northcott Peters Piuckney Pratt Servant Sibley Spencer Stadden Swan Thompson Turnbull Turner Wead Webber West Whitney Worcester Mr. President 82 63 iugust 27.] JOURNAL OF THE CONVENTION. 501 Mr. Pratt called for a division, so as to vote first on striking out the ith and 5th sections. The question was taken, and the convention refused to order a division. The question was taken, by yeas and nays, on the adoption of the irnendment, as amended, (Yeas, .... 82 63 And decided in the affirma'ive, Those voting in the affirmative, are, tfr. Adams Mr. Hay Mr. Morris Akin Hayes Nichols Agderron Hogue Oliver Atherton Holtnes Pace Blair Hunsaker H. D. Palmer Blakely Jackson Rives Bond James Robbins Bunsen Jenkins Robinson CaldweU Kenner Roman Canady Kitchell Rountree Z Casey A. R. Knapp Scales Choate Knox Shields Grain Kreider Shumway S. J. Cross Lander Sim Pale Lasater Simpson D. Davis Lemon E. O Smith J. M. Davis Linley J, Smith Dawson Logan Thornton Dunn London Trower Dunsmore McCailen Turnbull Eccles McCuIly Tuttle N W. Edwards McHatton Vance Evey Markley Vernor: Frick F. S. D. Marshall Williams Geddes T. A. Marshall Witt P. Green Matheny Whiteside Grimshaw Mieure Woodson. Harlan V Those voting in the negative, are, [r. Archer Armstrong Baliingall Bosbyshell Brockmaii Brown J. M. Campbell T. Campbell Carter Church Churchill Constable R. J. Cross T. G. C. Davis Deitz Dement Dummer Dunlap C. Edwards Farwell Graham H. R. Green Mr. Gregg Harding Harper Harvey Hatch Hawley Heacock Henderson Hoes Hurlbut Huston Judd S. Kinp.ey W. C. Kinney N. M. Knapp Knowlton Laughlin Lockwood McClure Mason Miller Mr. Minshall Moffett Moore Northcott Peters Pinckney Pratt Servant Sibley Spencer Stadden Swan 'I hompson Turner Tutt Wead Webber West Whitney Worcester Mr. President. 50-2 JOURNAL OF THE CONVENTION. [August 27 On motion of Mr. Armstrong, Ordered, That the report be considered by sections. Mr. Logan moved to amend the report by adding the following section "SE<[. . All money hereafter received fiom the government of the Uni ted States, on account or for the benefit of the school, college and sem inary fund, or cither of them, be appropriated to the payment of the bond of this state held by the government of the United States in trust for th< Smithsonian Institute, until said bonds are discharged, and the amount so paid shall be added to the school fund, and interest thereon shall b< promptly paid." Mr. Deitz offered the following as a substitute: -All moneys hereafter received from the government of the Unitec States, on account or for the benefit of the school, college and seminarv fund, or cither of them, shall be invested in the outstanding bonds of thi state, at their market value, so long as any bonds are outstanding, and i shall be the duty of the general assembly to make provision for the punc tual payment of the interest on ihe bonds so purchased." On motion of Mr. Moffett, The previous question v as ordered. Mr. Dement rnored a call of the convention. The question was taken, and decided in the negative. The question was taken, by )eas and nays, on tlie adoption of th substitute, And decided in the affirmative, \^ G S ' {JAiays, Those voting in the affirmative, are, 75 70 Mr. Adams Atherton Blair Bond Brown Hunsen Canady Churph Churchill Constable R. J. Cross D. Drvis Davvson Deitz Dunn Dunsmore Eccles C. Edwards N. W. Edwards Evey Frick Graham Geddes H. R. Green P. Green Mr. Grimshaw Harding Harlan Harper Havvley Hay Holmes Jackson Judd Kenner S. Kinney A. R. Knapp N. M. Knapp Knox Lander Lemon Lockwood Logan Loudon F. S. D. Marshall T. A. Marshall Mason Matheny Mieure Miller Mr. Moffett Northcott H. D. Palmer Pinckney Rives Robinson Scates Sibley Sim E. O. Smith Spencer Swan Thomas Thornton Trower Turnbull Turner Tuttle Vance West Williams Witt Whitney Woodson Worcester. lugust 27.] JOURNAL OF THE CONVENTION. 503 Those voting in the negative, are, M.r. Akin Anderson Armstrong Ballingali Blakely Brockman Caldwell J. M. Campbell T. Campbell Carter Z. Casey Choate Colby Crain S. J. Cross Dale J. M. Davis T. G. C. Davis Dement Dummer Dunlap Farwell Gregg Mr. Harvey Hatch Hayes Heacock Henderson Hoes Hogue Hunsaker Huston James Jenkins VV. C. Kinney Kitchell Knowlton Kreider Lasater Laugh lin Linley AfcCully McClure McHatton Mark ley Moore Mr. Morris Nichols Norton Oliver Pace Peters Pratt Bobbins Roman Rountree Servant Shields Shumway Simpson J. Smith Stadden Thompson Tutt Vernor Wead Webber Whiteside Mr. President. UN IVY The question was taken, by yeas and nays, on the adoption of the additional section, as amended, And decided in the affirmative, ' Nays, 72 69 Those voting in the affirmative, are, tfr. Adams Blair Bond Brown Church Churchill Constable R. J. Cross D. Davis Dawson Deity Dunn Dunsmore Eccles C. Edwards N. W. Edwards Evey Graham GecUles H. R. Green P." Green Grimshaw Harding Harlan Mr. Harper Hawley Hay Heacock Holmes Jackson Judd Keriner S. Kinney A. R. Knapp N. M. Knapp Knox Lander Lemon Lockwood Logan Loudon F. S. D. Marshall T. A. Marshall Mason Matheny Mieure Miller Moffett Mr. Northcott H. D. Palmer Pinckney Rives Robinson Scates Sibley Sim E. O. Smith Spencer Swan Thomas Thornton Trower Turnbull Turner Tuttle Vance West Williams Witt Whitney Woodson Worcester. 504 JOURNAL OF THE CONVENTION. [August 27. Those voting in the negative, are, Mr. Akin Mr. Farwell Mr. Markley Armstrong Gregg Morris Atherton Harvey Nichols Ballingall Hatch Norton Blakely Hayes Oliver Bosbyshell Henderson Pace Brockman Hoes Peters Bunsen Hogue Pratt Caldwell Hunsaker Robbins J. M. Campbell Huston Roman T. Campbell James Rountree Canady Jenkins Shields Carter W. C. Kinney Sh urn way Z. Casey Kitchell Simpson Choate Knowllon J. Smith Colby Kreider Stadden Grain Lasater Thompson S. J. Cross Laughlin Tutt Dale Linley Vernor J. M. Davis McCallen Wead T. G. C. Davis McCully Webber Dement McClure Whiteside Dunlap McHatton Mr. President. Mr. Scates moved to add at the end of the second line of the first sec- . tion, the words "and also the moneys arising from the sale of the six- teenth section." On motion of Mr. Turnbull, The amendment was laid on the table. Mr. J. M. Davis moved to amend the report by adding the following as an additional section: "SEC. . The interest due to the several counties of this state, from the school, college and seminary fund, shall be paid annually to the proper officer of said counties in gold and silver." On motion of Mr. Constable, The question was taken, bv yeas and nays, on the reconsideration of the vote ordering the report to be considered by sections, And decided in the affirmative, iiv 6 * 18 ' ^ 1M ays, .... oi/ Those voting in the affirmative, are, Mr. Akin Mr. Grain Mr. Hay Armstrong S. J. Cross Hayes Atherton Dale Heacock Blair J. M. Davis Henderson Blakely Dement Hoes Brockman Dummer Hogue Brown Dunlap Huston Bunsen Dunn Jackson T. Campbell C. Edwards James Carter Farwell Jenkins Z. Casey Frick W. C. Kinney Choate Gregg Kitchell Colby Harvey Knowlton Constable Hatch Knox August W.] JOURNAL OF THE CONVENTION. 505 Mr. Kreider Lasater Laughlin Linley Lockwood McCallen McCully McClure McHatton Markley Mr. Morris Nichols Norton Oliver Pace Peters Robbins Roman Rountree Shields Those voting in the negative, are, Mr. Adams Bond J. M. Campbell Canady Church Churchill R. J. Cross D. Davis Dawson Deitz Eccles N. W. Edwards Evey Graham Geddes P. Green Harding Harlan Harper Hawley Mr. Judd Kenner S. Kinnoy A. R. Knapp N. M. Knapp Lander Lemon Logan Loudon F. S. D. Marshall T. A. Marshall Mason Matheny Mieure Miller Moffett Moore Northcott H. D. Palmer Pinckney Mr. Sh urn way Stadden Tutt Vernor Wead Webber West Williams Whiteside Mr. President. Mr. Rives Robinson Scates Servant Sibley Sim " E. O. Smith Spencer Swan Thomas Thornton Trower Turnbull Turner Tuttle Witt Whitney Woodson Worcester. On motion of Mr. Constable, The whole subject was laid on the table, \ A T GaS ' * ' I Nays, . Those voting in the affirmative, are, Mr. Akin Archer Armstrong Atherton Blair Blakely Brockman Brown Bunseii J. M. Campbell T. Campbell Carter Z. Casey Choate Colby Constable Crain S. J. Cross Dale J. M. Davis Dement Dummer Dunlap Dunn C. Edwards Mr. Farwell Frick Gregg Grimshaw Harvey Hatch Hay Hayes Heacock Henderson Hoes Hogue Hunsaker Huston Jackson James Jenkins Kitchell Knowlton Knox Kreider Lasater Laughlin Linley Mr. Lockwood McCallen Me Cully McClure McHatton Markley Morris Norton Oliver Pace Peters Rives Robbins Roman Rountree Shields Shumway Stadden Tutt Vernor Wead Webber Williams Mr. President. 73 58 506 JOURNAL OF THE CONVENTION. [August 27. Those voting in the negative, are, Mr. Adams Mr. Judd Mr. Scales Bond Kenner Servant Bosbyshell S Kinney Sibley Canatly A. R. Knapp Sim Church N. M. Knapp E. 0. Smith Churchill Lander Spencer R. J. Cross Lemon Swon * D. Davis Logan Thomas - Dawson F. S. D. Marshall Thornton Deitz T. A. Marshall Trower Eccles Mason Turnbull N. W. Edwards Matheny Turner Evey Mieure Tuttle Graham Moffett West Geddes Moore Witt P. Green Northcott W hillside Harding H. D. Palmer Whitney Harlan Pinckney Woodson Harper Robinson Worcester. Hawley Mr. Scales moved that the vacancy occnsioned in the committee to prepare a schedule, by the absence of Mr. Manly from the fourth judicial circuit, be filled by the president. Mr. E. O. Smith moved that the convention adjourn until 3 o'clock. The question was taken, and decided in the negative. Mr. Woodson moved that the convention adjourn until 2 o'clock. The question was taken, and decided in the negative. Mr. Thomas moved to adjourn until 4 o'clock. The question was taken and decided in the .negative. The question was taken on the motion made by Mr. Scates, and de- cided in the affirmative. Ordered, That Mr. Hayes be appointed on the committee to prepare a schedule, in. place of Mr. Manly, who is absent. On motion, The convention adjourned until 3 o'clock, p. M. THREE O'CLOCK, P. M. Convention assembled pursuant to adjournment. Mr. C. Edwards, from the committee on the Revision and Adjustment of the Articles of the Constitution, which was instructed by resolution to inquire into the expediency of amending article 7th of the present con- stitution, reported the following as an additional section: "SEC. . Whenever two-thirds of all the members elected to each branch of the general assembly shall think it necessary to alter or amend this constitution, they shall recommend to the c'ectoisat the next elec- tion of members to the general assembly, to vote for or against a conven- tion; and if it shall appear that a majorhy of all the electors of the state voting for representatives have voted for a convention, the general as. August 1 27.] JOURNAL OF THE CONVENTION. 507 sembly shall, at their next session, call a convention, to consist of as many members as the house of representatives at the time of making said call, to be chosen in the same manner, at the same place, and by the same electors, in the same districts that choose the said general assembly, and which convention shall meet within three months after the said election, for the purpose of revising, altering, or amending this constitution." Mr. Kenner offered the following as it substitute for the reported sec- tion: ARTICLE . SECTION 1. Any amendment or amendments to this constitution may be proposed in either branch of (he general assembly, and if the same shall be agreed to by two-thirds of all the members elect in each of the two houses, such proposed amendrrient or amendments shall be referred to the next regular session of the general assembly, and shall be published at least three months previous to the lime of holding the next election for members of the house of representatives, and if (at the next regular ses- sion of the general assembly after the said election.) a majority of all the members elect in each branch of the general assembly shall agree to said amendment er amendments, then it shall be their duty to submit the same to the people at the next general election for their adoption or rejection, in such manner as may be prescribed by law, and if a majority of the elec- tors voting at such election for members of the house of representatives lhati vote for such amendment or amendments, the same shall become a part of the constitution. But the general assembly shall not have power to propose an amendment or amendments to more than one article of the constitution at the same session. SEC. '<. At the general election to be held in the year 1846, nd every twentieth year thereafter, the general assembly shall provide by law tor the quest. of*, to be voted on, to wit: ''Shall there be a convention called to alter, revise or amend the constitution," and if a majority of all the electors voting for members of the house of representatives shall vote in favor of the call of a convention for the purposes aforesaid, the genj eral assembly, at its next regular session, shall provide by law for the elec- tion of the same number of delegates, to be chosen at the same places and in the same districts which compose the members of the general assembly railing such convention. On motion of Mr. Servant, The rules having been temporarily suspended, The committee to prepare a schedule were granted leave to sit during the sittings ol the convention. iY!r. McCallcn moved to lay the substitute on the table. The question was taken, by yeas and nays, And decided in the negative, < v^- *' G3 7i 508 JOURNAL OF THE CONVENTION. [August 27. Those voting in the affirmative, are, Mr. Akin Alien Anderson Archer Armstrong Ballingall Blair JBrockman Bunsen Caldwell J. M. Campbell T. Campbell Canady Carter Z. Casey S. J. Cross Dale J. M. Davis T. G. C. Davis Dawson Dunlap Mr. Dunn C. Edwards Evey Geddes H. R. Green Grimshaw Hatch Hogue Holmes Jackson Judd S. Kinney N. M. Knapp Knowlton Kreider Lasater Laughlin Letnon Linley McCailen McCully Those voting in the negative, arc, Mr. Adams AUierton Blakely Bond Brown Choate Church Churchill Cram D. Davis Durnmer Dunsmore Eccles N. W. Edwards Frick Graham P. Green Greg- Harding Harlan Harper Harvey Hawley Hay Mr. Henderson Hoes Hunsaker Huston James Jenkins Jones Ke nner Kitchell A. R. Knapp Knox Lander Lockwood Lo^an Loudon McClure T. A. Marshall Matheny Miller Minshall iMotfett Moore Nichols Northcott Mr. McHatton Markley F. S. D. Marshall Mieure Morris Oliver Pace H. D. Palmer Powers Pratt Robinson Roman Rouutree Shumwayjg Simpson J. Smith Spencer Swan Trower Turner Webber. Mr. Norton Peters Pinckney Rives Robbins Shields Sibley o Sim Thomas Thompson Turnbull Tutt Tuttle Vance Vernor West Williams Witt Whiteside Whitney Woodson Worcester Mr. President. Mr. Kenner withdrew his substitute, and offered the first section "thereof, as an addition to the reported section. The question was taken on agreeing to the addition proposed by Mr. Kenner, and decided in the affirmative. Mr. Minshall moved to amend the report by striking out the words "said general assembly," and inserting in lieu thereof the words "mem- bers of the house of representatives." The question was taken, and the amendment agreed to. Mr. Rountree moved to am -nd the first section of the amended report, by striking out the words "house of representatives," and inserting in lieu thereof, the words "the general assembly." August 27. J JOURNAL OF THE CONVENTION. 509 The question was taken, and the amendment rejected. The question was taken on the adoption of the report, as amended, and decided in the affirmative. On motion, The article was referred to the committee on Revision, &c. On motion of Mr. C. Edwards, The use of the hall of the house of representatives was granted to the Illinois Colonization society on to-morrow evening. On motion of Mr. Woodson, The report of the committee on Finance was taken from the table for consideration. The question pending when the said report was last laid on the table, was on the amendment offered by Mr. C. Edwards, as a substitute for the reported article. Mr. Caldwell offered as a substitute for the amendment, the proposi- tions submitted by him this morning as additional sections. The question was taken and the substitute for the amendment rejected. Mr. JN . W. Edwards offered as a substitute lor the amendment the ad- ditional section offered by him this morning. Mr, C. Edwards withdrew the second and third sections of his amend- ment. Mr. Logan moved to lay the substitute on the table. Mr. Akin moved to lay the whole subject on the table. Mr. Logan called for a division, so as to vote first on laying the substi- tute on table. The question was taken, by yeas and nays, on the substitute offered by Mr. N. W. Edwards, And decided in the affirmative, j^ eas ' ' ' (i\ays, uO Those voting in the affirmative, are, Mr. Akin Mr. Dunlap Mr. 8. Kinney Anderson Dunn A. K. Knapp Archer Dunsmore Kreider Armstrong Eccles Lasater Atherton . C. Edwards Laugh lin Ballingall Evey Lemon Bosbyshell Frick Logan Brockman Geddes Loudon Brown P. Green McCallen Bunsen Gregg McCully J. M Campbell Grimshaw McClure Carter Harding Markley Z. Casey Harper F. S. D. Marshall Choate Harvey Mason Churchill Hatch Matheny Colby Hayes Minshall Constable Heacock Moffett Cram Henderson Nichols S. J. Cross Hill Northcott Dale Hoes Norton J. M. Davis Hogue Oliver T. G. C. Davis Hurlbut Pace Dumiuer Jackson 510 JOURNAL OF THE CONVENTION. [August 27. Mr H D Palmer Mr. Simpson Mr. Tutt Pe'ters E. O. Smith Vance Piuckney J- Smith Vernor Ulves Stadden Wead spates Swan Webber Servant Thomas Williams Sharpe Turnbull Whiteside Sibie Turiier Mr. President. Those voting in the negative, are, Mr Bond Mr. ^ uclcl Mr. Rountree w *u Davis w - c - Kmney Shumway Dawson Kitchell Sim N W. Edwards N. M. Knapp Spencer Graham Knowlton Thornton tfarlan T. A. Marshall Trower Hawley Mieure Tuttle Hay Miller West Hunsaker Moore Witt jluston Kobbins Woodson j aine3 Robinson Worcester. Jenkins Roman The question was taken on laying the whole subject on the table, and decided in the negative. Mr. Cnldweil offered the following as a substitute for the amendment. ARTICLE . . SECTION 1. There shall be levied upon all the taxable property in this state, an alternate tax of two mills in state indebtedness arid of one mill in specie, on every dollar's worth of such property; which as collected shall be faithfully applied to the payment of the internal improvement debt of this state. SEC. '^. The collectors of the several counties of this state, in making collections of the two mill tax provided for in the last section, shall re- ceive in payment of said tax, the indebtedness of this state incurred on ac- count of the internal improvement system, or specie in payment of said one mill tax, and the payment of cither of said assessmj nts shall be a discharge from the other. SEC. 3. The general assembly shall by law make such provision as will enable the holders of such indebtedness to depo-ite the same with the auditor of public accounts, and receive in lieu thereof certificates in suitable sums, which shall be receivable in payment of the two mill tax above provided for; Provided, that the foregoing sections shall be submit- ted as a separate article to the people, for the acceptance or rejection of a majority of them voting for and against the same. On motion of Mr. Constable, The previous question was ordered. On motion of Mr. Ballingall, The last vote taken was reconsidered. On motion, The convention adjourned. August'^.] JOURNAL OF THE CONVENTION. 511 SATURDAY, AUGUST 23, 1847. The convention assembled pursuant to adjournment. Prayer by tbe Rev. Mr. Barge r. The journal of yesterday was reud and corrected. Mr. Caldwell withdrew the amendment last offered by him, on y day evening. On motion of Mr. Thomas, The rules were temporarily suspended to enable him to make a report, when he, from the committee on the Revision and Adjustment of the Ar- ticles of the constitution, to which had been referred articles adopted, re- ported the same back to the convention with sundry amendments, accom- panied by an engrossed copy of said articles, as by the committee propo- sed to be amended ; which amendments were severally read. And the question being taken on concurring with the committee in the report, it was decided in the affirmative. On motion of Mr. 'Armstrong, The 2'2d section of article V was amended by striking out the words > o jf 2 >*i C 1 6C -2 49 ** CO Cf> c ^ NAMES OF VOTERS. I! -2 ^1 HS If o o is ^12 f* s c o * 2^1 r2 c o 1 -c OQ 1 Yes. No. Yes. No. Yes. No. Yes. No. Yes. No. And the several articles and sections which shall receive a majority ol all the votes given for and against said sections and articles severally as herein provided, at said election, shall be in fall force from the day of said election, and the several sections and articles, which shall not receive a majority of all the votes so given, shall be of no force or effect. SEC. 14. That the first general election of governor, sccietary of state, auditor, treasurer anfl members of the general assembly, and of such other officers as are to be elected at the same time, shall be held on the first Monday of "August, 1S48, anything in this constitution to the con- trary notwithstanding. SEC. 15. That the returns shall be made of the votes given in pursu- ance of the llth, 1 '2th, and 13th sections of this schedule, and canvassc in the same manner as is provided in cases of elections for representatives in congress; and should it appear that a majority of all the votes given at August 28.] JOURNAL OF THE CONVENTION. 521 said election are in favor of the articles and sections of article?, inclu- ded in any of the parts of the specifications hereinbefore made, then the governor shall issue his proclamation of that fact. And it shall therefore be die duly of the governor, if made necessary by the adoption of any portion of the amended constitution, to issue writs of election to the sheriff of each county, or in case of a vacancy, to the coroner, to hold an election pursuant to the provisions of the amended constitution and this schedule, for the election of the several officers whose elections are pro- vided in the same. SEC. 16. That in cases of the election of the supreme, and judges of the circuit courts, secretary of state, auditor, and treasurer, returns shall be made and canvassed, as is now provided by law for representatives in congress. For members of the general assembly and county officers re- turns shall be made and canvassed as is now provided by law. SEC. 17. That ail laws of the state of Illinois, and all official writings, and the executive, legislative, arid judicial proceedings shall be conduc- ted, preserved and published in no other than the English language. SEC. 18. That the general assembly shall pass all laws necessary to carry into effect the provisions of this constitution. SEC. 19. That the clauses, sections, and articles of the present consti- tution, and none other, which have been amended, if, by the rejection of said amendments they remain unaltered, shall continue to be and form a part of the constitution of this state. Mr. Scales offered the following as an additional section: SEC. 20. That all the actions, indictments, and proceedings, together with all the records and files of office, pending and being in the supreme, circuit, piobate, and county courts, shall, if the constitution be adopted, be transferred to the supreme, circuit, probate, and county courts, estab- lished by this constitution, and said courts, respectively, shall have author- ity to proceed uith^and complete all such proceedings, in the same manner as it such proceedings had originally been commenced in said courts. Mr. Thornton, from the minority of the same committee, submitted the following: SEC. * . That the constitution, as amended, shall be submitted to the people for their adoption or rejection, at an election to be held on the first Monday in March, A. 1). 1848; and there shall also be submitted for adop- tion or rejection at the same time the separate section in relation to the immigratioiKof colored persons, and the article in relation to the public debt. SEC. . That every person entitled to vote for members of the general assembly by the constitution and laws now in force, shall, on the first Monday in March, A. D., 1848, be entitled to vote for the adoption or re- jection of the constitution, as amended, and for and against the aforesaid section and article separately submitted; and the said qualified electors shall vote in the counties in which they respectively reside, at the usual places of voting, and not elsewhere; and the said election shall be conduc- ted according to the laws now in force, in relation to the election of gov- ernor, so far as applicable, except as is herein otherwise provided. SEC. . That the form of the poll-books to be used at said election, shall, as nearly as practicable, be in the following form, to wit: 52-2 JOURNAL OF THE CONVENTION. [August 28. POLL-BOOK of an election held at the county of 1818, for the adoption or rejection on the first Monday in March, A. D. of the Constitution, as amended \ and the separate section and article sub- mitted. 8 c o C j t U c i <3J "3 5 c a> ^ ' ft t, CR c cu -*- 1 a> X VI o NAMES OF THE VOTERS. G O O o || 3a o g ^ o Ji 1 S o o c ^ o> o ^3 U o S3 l' -C O o ft 0) -*- -2 *-" ^ '+* y J= O c a 3 o sai o 1:5 o C3 tuo -< s ta < PM A. B 1 1 1 C. D 1 2 2 E. F. 2 1 3 3 1 SEC. That the returns of the votes for the adoption or rejection of the constitution, as amended, and for and against the separate section and ar- ticle submitted, shall be made to the secretary of state, within fifty days after the election; and the returns of the votes shall, within fifty days after the election, or sooner, if received, be examined and canvassed by the auditor and treasurer, in the presence of the governor, and proclama- tion shall be made by the governor, forthwith, of the result of the poll?. If it shall appear that a majority of ail the votes polled are for the adop- tion of said constitution, as amended, it shall be the supreme law of the land; butif it shall appear that a mnjority of the votes polled were given against said constitution, as amended, the same shall be null and void. If it shall further appear that a majority of the votes polled shall have been given for the separate section in relation to colored persons, or the arti- cle for the two mill tax, then said section or article shall be and form a part of the constitution, as amended, otherwise said section or article shall be null and void. SEC. . That if said constitution, as amended, sh'rill be ratified by the people, the governor bhall, forthwith, after having ascertained the fact, issue writs of election to the sheriffs of the several counties in this state, or in case of vacancy, to the coroners, for the election of all the officers, the time of whose election is fixed by said eonstituti3n, or by this sched- ule; and it shall be the duty of said sheriffs, or coroners, to give at least twenty days notice of (he time and place of said election, in the manner now provided by law. A. THORNTON, II. B. SERVANT, V. W. DEiTZ, August 28.] JOURNAL OF THE CONVENTION. 523 Mr. Peters moved that the two reports be laid on the table, and that two hundred and fifty copies thereof be printed; which motion was rejec- ted. On motion, The report was considered by sections. {Section first was adopted. The second section being read, On motion of Mr. N. W. Edwards, It was amended by adding "and all debts contracted and engagements entered into before the adoption of this constitution shall be as valid against the state under this constitution as under the old/' And then, as amended, adopted. Section third was adopted. On motion of Mr. Thomas, The fourth section was amended by inserting after the word "charac- ter," the words "or to the people of the state of Illinois." And then, as amended, was adopted. Sections five and six were severally read and adopled. On motion of Mr. Logan, The seventh section was amended by striking it out and substituting for it the following: "The county commissioners' courts, and the probate justices of the sev- eral counties shall continue in existence, and exercise their present juris- diction, until the county court, provided in this constitution, is organized in pursuance of an act of the general assembly, to be passed at its first session." And, as amended, the section was adopted. Sections 8, 9, and 10 were severally read and adopted. Mr. Peters moved that the words "by ballot" be inserted in section eleventh, between 4he words "vote" and "anywhere;" which motion was rejected. Mr. Thornton moved that the section be stricken out, and the five sec- tions, submitted by him from the minority of the committee on the sched- ule, inserted instead of it. On motion of Mr. Turnbull, The previous question was ordered to be put. Mr. Hayes moved for such a division as would enable the convention to vote first on striking out the section; which motion was rejected. The question was taken, by yeas and nays, upon the amendment pro- posed by Mr. Thornton, And decided in the affirmative, ' ' ' * ' ^iMays, . 01 Those voting in the affirmative, are, Mr. Adams Mr. Choate Mr. Dawson Allen Church Deitz Anderson Constable Dummer Blair K. J. Cross Dunn Bond D. Davis Dunsinore Canady J. M. Davis Eccles 52 i JOURNAL OF THE CONVENTION. [August Mr. C. Edwards Mr. Lander N. W.Edwards Lemon Frick Lockwood Graham Logan Geddes Loudon H. R. Green McCallen P. Green F. S. D. Marshall Grimshaw T. A. Marshall Harding Mason Harlan Mieure Harper Miller Hay Minsha'.i Holmes MoffeU Hurl but Northcott Jackson Norton Jones H. D. Palmer Judd Peters Kenner Pinckney S. Kinney Pratt A. K. Knapp Rives N. M. Knapp Robbins Knowlton Robinson Knox Those voting in the negative, are, Air. Akin Mr. Dunlap Archer Evey Armstrong Farwell Atherton Gregg Ballingall Blakely Bosbyshell Haw ley Hayes Heacock Brockman Henderson Brown Hill Bunsen Hoes J. M. Campbell T. Campbell Hogue Hunsaker Carter Huston Zadok Casey James Churchill Jenkins Colby W. C. Kinney- Grain Kitchell S. J. Cross Kreider Dale Lasater T. G. C. Davis Dement Laughlin Mr. Roman Servant Shields Sim Simpson E. O. Smith J. Smith Spencer Swan Thomas Thornton Trower Turnbull Turner Tuttle Vance West Williams Witt Whitney Woodson Worcester. Mr. Linley McCully McCiura McHatton Markley Moore Morris Oliver Pace Rountree Scates Shumwaj* Stadden Thompson Tutt Vernor Wead Webber Whiteside Mr. President. The question was taken, by yeas and nays, on the adoption of the section, as amended, And decided in the affirmative, )]\T avs ' Those voting in the affirmative, are, Mr. Adams Anderson Archer Bond Canady Choate Mr. Church Constable R. J. Cross D. Davis J. M. Davis Dawson Mr. Deitz Dumrner Dunn Dunsmore Eccles C. Edwards 83 58 August 28.] JOURNAL OF THE CONVENTION. 525 Mr. N. W. Edwards Frick Graham Gedces H. R. Green Grimshaw Harding Harlan Harper Hay Heacock Holmes Hurlbut Jackson Jones Judd Kenner S. Kinney A. R. Knapp N. M. Knapp Knowlton Knox Mr. Lander Lemon Lockwood Logan Luudon McCailen F. S. D. Marshall T. A. Marshall Mason Mieure Miller Minshall Motfett Moore Northcott Noiton H. D. Palmer Peters Pinckney Pratt Rives Robbins Mr. Robinson Roman Servant Shields Sibley E. O. Smith Spencer Swan Thomas Thornton Trower Turnbull Turner Tuttle Vance West Williams Witt Whitney Woodson Worcester. Hiose voting in the negative, are, Mr. Akin Armstrong Alherton Ballingall Blakely Bosbyshell Brockman Brown Bunsen J. M. Campbell T. Campbell Carter Z Casey Churchill Colby Grain S. J Cross Dale Dunlap Evey Mr. Farwell P. Green Hatcl Hawley Hayes Henderson Hill Hogue Hunsaker Huston James Jenkins W. C. Kinney Kitchell Kreider Lasater Laughlin Linley Mr. McCully McClure McHatton Markley Morris Oliver Pace Rountrec Scates Shumway J. Smith Stadden Thompson Tutt Vernor Wead Webber Whiteside Mr. President On motion of Mr. Woodson, The twelfth section was amended by striking it out and inserting in lieu f it the follow ing: "The general assembly shall, at its first session after the adoption of this constitution, provide by law for the mode of voting by ballot, and also for the manner of voting, canvassing, and certifying the number of votes cast at any election, and until said law shall be passed, all elections shall be viva voce, and the laws now in force in relation to elections shall con- tinue in force until the general assembly shall provide otherwise as here- in directed." The section, as amended, was adopted. Mr. Dement moved that the convention adjourn. The question was put, and decided in the negative. 5 4 26 JOURNAL OF THE CONVENTION. [August 30. On motion of Mr. N. W. Edwards, The thirteenth section was laid on the table. Mr. Bosbyshcll moved that the convention adjourn. The question was put, and decided in the negative. Mr. Dement moved that the report be referred to the committee on Revision, &c. The question was put, and decided in the negative. Mr. Logan moved that the fourteenth section be amended, by striking out the words "first Monday of August," and by inserting in lieu of them the words "Tuesday next after the first Monday of November." Mr. Shumway moved for a division, to enable the convention first to vote on the question of striking out. On motion, The convention adjourned until Monday. MONDAY, AUGUST 30, 1S47. The convention assembled pursuant to adjournment. Prayer by the Rev. Mr. Barger. The question pending at the last adjournment was upon ordering a di- vision, moved by Mr, Shumway, arising upon the motion of Mr. Logan to amend the 14th section of the report of the committee on the schedule, by striking out the words "first Monday in August," and inserting in lieu of them the words "Tuesday next after the first Monday in November." Mr. Hayes moved the previous question. Mr. Logan moved a call of the convention; which was negatived, Ordered, That the main question be put. The question was taken upon the motion of Mr. Shumway, proposing the division, and decided in the negative. The question was then put, by yeas and nays, upon the motion of Mr. Logan to amend the 14th section, by striking out and inserting as above. And decided in the negative, Those voting in the affirmative, are, Mr. Adams Mr. C. Edwards Mr. Jones Bond N. W. Edwards Judd Canady Eccles A. R. Knapp Constable Graham N. M. Knapp R. J. Cross Geddes Kenner Church H. R. Green S. Kinney D. Davis Grimshaw Knowlton J. M. Davis Harding Knox Dawson Harlan Lemon Deitz Harper Lockwood Dummer Hurlbut Logan Dunstnore Jackson Loudon August 30.] JOURNAL OF THE CONVENTION. 52? Mr. McCallen F. S. D. Marshall T. A. Marshall Mason Mieure Miller Mmshall Nortbeott Norton H. D. Palmer Mr. Rives Robbins Swan Shields Spencer Servant Sibley Sim E. O. Smith Thomas Mr. ThorntoD Trower Turnbull Turner Tattle Vance West Williams Whitney Woodson, Those voting in the negative, are, Mr. Akin Anderson Archer Armstrong Atherton Blair Blakely Ballingall Brockman Bosbyshell Brown Bunsen Grain J. M. Campbell T. Campbell Carter Z. Casey Choate Colby S. J. Cross Churchill Dale T. G. C. Davis Dement Dunlap Dunn Mr. Edmonson Evey Farwell . Frick P. Green Gregg Harvey Hatch Hawley Hay Hayes Henderson Hill Hoes Hogue Hunsaker Huston James Jenkins Kreider W. C. Kinney Kitchell Lasater Laughlin Linley Me Cully Mr. McClure McHatton Markley Moffett Moore Morris Oliver Pace J. M. Palmer Pratt Peters Rountree Scates Stadden Simpson J. Smith Shumway Thompson Tutt Vernor Wead Webber Witt Whiteside Mr. President. The question was put, by jeasand nays, upon the adoption of that section, And decided in the affirmative, Those voting in the affirmative, are, {Nays, Mr. Akin Anderson Archer Armstrong Atherton Blair Blakely Ballingall Brockman Bosbyshell Brown Bunsen Crain J. M. Campbell T, Campbell Mr. 'Carter Z. Casey Choate Colby S. J. Cross Churchill Dale T. G. C. Davis Dement Dunlap Dunn Edmonson Evey Farwell Mr. Frick P. Green Gregg Harvey Hatch Hawley Hay Hayes Henderson Hill Hoes Hogue Hunsaker Huston 79 65 528 JOURNAL OF THE CONVENTION. [August 30. Mr. James Jenkins Kreider W. C. Kinney Kitcheli Lasater Laughlin Limey McCully McClure MeHatton Markley Mr. Moffett Moore Morris Oliver Pace J. M. Palmer Pratt Peters Roman Kountree Scales Stadden Those voting in the negative, are, Mr. Adams Bond Canady Constable R. J. Cross Church D. Davis J. M. Davis Dawson Deitz Bummer Dunsmore C. Edwards N. W. Edwards Eccles Graham Geddes H. R. Green Grimshaw Harding Harlan Harper Mr. Hurlbut Jackson Jones Judd A. R. Knapp N. M. Knapp Kenner S. Kinney Knowlton Knox Lemon Lockwood Logan McCallen F. S. D. Marshall T. A. Marshall Mason Mienre Miller Minshall Northcott Norton Mr. Simpson J. Smith Sh urn way Thompson Tutt Vernor Wead Webber Witt Whiteside Worcester Mr. President. Mr. H. D. Palmer Rives Robbins Swan Shields Spencer Servant Sibley Sim " E. O. Smith Thomas Thornton Trower Turn bull Turner Tuttle Vance West Williams Whitney Woodson. On motion of Mr. Thornton, The fifteenth section was stricken out. Mr. Pratt moved to amend the HUh section by adding to it: "SEC. . The legislature shall provide that all fines and forfeitures arising out of criminal proceedings in the several counties, as well as all fines and forfeitures arising out of an omission to do military duty, be ap- propriated from time to time to the establishment of one or more libraries in each of the several counties of ihis state for the use of the people thereof." Mr. Harding moved to amend the proposed additional section by strik- ing out the words "as well as all fines and forfeitures arising out of an omission to do military duty." On motion of Mr. J. M. Davis, The question was taken, hy yeas and nays, on laying the amendment and amendment to the amendment on the table, And decided in the affirmative, 5 Yeas C 80 33 August 30.] JOURNAL OF THE CONVENTION. 529 Those voting in the affirmative, are, Mr. Anderson Atherton Blair Canady Carter Z. Casey Choate Church Constable R. J. Cross D. Davis J. M. Davis Dawson Deitz Dement Dummer Dunn Dunsmore Eccles C. Edwards N. W. Edwards Frick Graham Geddes P. Green Grimshaw Hardinjr Harlan Harper Mr. Harvey Hay Hayes Hill Hoes Hunsaker Hurlbut Huston Jackson James Jones Kenner S. Kinney A. R. Knapp N. M. Knapp Knowlton Knox Kreider Laughlin Lemon Linley Lockwood Loijan McClure McHatton Markley F. S. D. Marshall T. A. Marshall Mason Mr. Miller Moffett Moore .Morris Norton Oliver H. D. Palmer Rives Rountree Servant Shields Shumway Sibley Sim Simpson E. O. Smith Spencer Thornton Trower Turnbuli Turner Tutt Tuttle Vernor West Witt Whiteside Woodson Worcester. Those voting in the negative, are. fr. Adams Mr. Crain Mr. McCallen Akin S. J. Cross Northcott Archer Dale J. M. Palmer Armstrong T. G. C. Davis Pratt Ballingall Dunlap Scates Blakely Hawley J. Smith Bond Henderson Thompson Brockman Hogue Vance Bunsen Jenkins Webber J. M. Campbell Kitchell Whitney Churchill Lasater Mr. President. Colby Mr. J. M. Davis moved to amend the sixteenth section by striking it it and inserting in lieu of it: "SEC. . The election of governor, lieutenant governor, secretary of ite, auditor, treasurer, and members of the general assembly, shall for- jr hereafter be held on the first Monday of August, anything in this stitution to the contrary notwithstanding." On motion of Mr. J. M. Davis, The previous question was ordered. being put, by yeas and nays, upon the adoption of the amendment red by him, 34 530 JOURNAL OF THE CONVENTION. [August M. \Yeas. ... .35 It was decided in the negative, { w ^~. 95 Those voting in the affirmative, are, Mr. Archer Atherton Bond D. Davis J. M. Davis Dawson Eccles P. Green Grimshaw Harding Hay Hunsaker Mr. James Jenkins Jones Kenner Lockvvood Logan McCallen Mark ley Matheny Minshail Oliver Peters Those voting in the negative, are, Mr. Akin Anderson Armstrong Ballingall Blair Blakely Bosby shell Brockman Brown Bunsen J. M. Campbell T. Campbell Carter Z. Casey Choate Churchill Colby Constable Grain R. J. Cross S. J. Cross Dale T. G. C. Davis Deitz Dement Dummer Dunlap Dunn Dunsmore C. Edwards N. W. Edwards Evey Mr. Farwell Frick Graham Geddes Gregg Harlan Harper Harvey Hatch Hawley Hayes Henderson Hill Hoes Hogue Hurlbut Huston Jackson Judd S. Kinney W. C. Kinney A. R. Knapp N. M. Knapp Knowlton Knox Kreider Lasater Linley McCully McClure McHatton F. S. D. Marshall Mr. Rives Rountree Servant Sim Simpson Thornton Turner West Williams Witt Whiteside. Mr. T. A. Marshal? Mason Mieure Moffett Morris Northcott Norton Pace H. D. Palmer J. JVl. Palmer Pratt Robbins Scates Shields Sh um way Sibley J. Smith Spencer Stadden Thompson Trower Turnbull Tutt Vance Vernor Wead Webber Whitney Woodson Worcester Mr. President. The sixteenth section was then adopted. Mr. Scates moved to amend the 17th section by adding to it: " SEC. . Until otherwise provided by law, the terms of the suprei court shall be held as follows: " In the first division, on the first Monday of December, 1848, and an- nually thereafter; "In the second division, on the third Monday of December, 1848, and annually thereafter; and August 30. J JOQRNAL OF THE CONVENTION.. 531 'in the third division, on the first Monday of February, 1849, and an- nually thereafter. " The sheriffs of Jefferson and LaSalle counties shall perform the same duties, and receive the same compensation, as is now required and provided for the sheriff of Sangamon county, until otherwise provided by law;" Which, on motion of Mr. N. W. Edwards, Was amended by striking out the word " now." On motion of Mr. Logan, The proposed additional section was further amended by adding to it: " SEC. . The first election for judges of the supreme and circuit courts shall be held on the first Monday of September, 1848, anything in this constitution to the contrary notwithstanding." Mr. Thomas moved further to amend the additional section offered by Mr. Scates, by prefixing thereto the following: 4C SEC. . On the first Monday in December, one thousand eight hun- dred and forty-eight, jurisdiction of all suits and proceeding*, then pend- ing in the present supreme court, shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court holden in Springfield. The jurisdiction of all suits and proceed- ings then pending in the circuit courts of the several counties shall be vest* ed in the circuit court of said counties, and the jurisdiction of all suits and proceedings in the Cook and Jo Daviess county courts shall be vested in the circuit courts of those counties respectively. 44 SEC. . On the first Monday in December, one thousand eight hundred and forty-eight, the term of office of the judges of the supreme court, of the county and state's attorneys, of the judges of the Cook and Jo Daviess county court, and of the clerks of the supreme, circuit, and county, shall expire; and on said day the term of office of the judges, state's attorneys, and clerks, elected under the provisions of this constitu- tion, shall commence. The judges of the supreme court elected as afore- said shall have and exercise the powers and jurisdiction conferred upon the present judges of that court, and the said judges of the circuit court shall have and exercise the powers and jurisdiction conferred upon the judges of those courts, subject to the provisions of this constitution: Pro- vided, that the Cook and Jo Daviess county court shall remain in exis- tence until otherwise provided by law." The question was taken, and the amendment offered to the amendmsnt was agreed to. The question was taken, and the additional section, as amended, agreed to, as an amendment to the 17th section. The 17th section, as amended, was adopted. Mr. Thomas moved the following as an addition to the 18th section: "The term of holding biennial or other elections, provided for in this constitution, may be changed; but elections of judges of the supreme and circuit courts shall, after the first election, be held within less than three months of the time of holding any other general election; nor shall any change made under the provisions of this section affect the tenure of any office." JOURNAL OF THE CONVENTION. [August 30. On motion of Mr. T. Campbell, The amendment was laid on the table. The question was taken, and the 18th section adopted. Mr. Scates withdrew the additional section offered by him on Saturday last. On motion of Mr. N. W. Edwards, The 19th section was laid on the table. On motion of Mr. Archer, The schedule, as amended, was referred to the committee on Revision. Mr. Constable, from the committee to prepare an address to the people oi the state, to accompany the constitution, reported the following ADDRESS: IN COXVESTION, SPRINGFIELD, ILLINOIS, August 30th, 1847. In bringing their deliberations to a close, the delegates to the constitutional convention tender their congratulations to the people of the state of Illinois, upon the character of the instrument which they now submit for their considera- tion as a substitute for the constitution under which we have lived since the in- stitution of our state government. As the result of arduous and protracted con- sultation and deliberation, it is to be supposed that the members of the conven- tion cannot forego this opportunity to recommend it to your candid and unpreju- diced investigation, as upon the final action of the whole people at the polls, alone, depends its adoption or rejection. The action of the convention has been characterized by a most liberal spirit of concession. Individual views and local preferences and prejudices have been so compromised as to secure to our labors that success, which could never have been otherwise attained, how arduous soever might have been the struggle therefor. Availing themselves of the lights furnished by a highly advanced state of political science, your delegates have sought to adapt their efforts to the demands of the growing interests and population of the state, consulting at all times the dictates of the popular will, whenever it could be ascertained. The proposed constitution is embraced within the limits of - articles, severally devoted to the various subjects which experience pointed out as pro- perly to be considered in framing the organic law of the state. While too great detail has been sought to be avoided, every possible effort has been exerted to jruard against ambiguity and conflicting provisions. Your delegates now submit to you the prominent details of their action in the reorganization of the several departments of the government, as a guide to your investigation of their official course. They have steadily preserved, as wholly distinct and independent, the oft re- cognized three grand divisions of government, as essential to the permanence and purity of our free institutions, viz: the executive, legislative, and judicial. They have declared the boundaries and limits of the state, prescribed the ju- risdiction of the government so far as the same can be defined, and have provi- ded for the final adjustment of any doubts connected therewith, by convention with the state of Kentucky. They have provided for the reorganization of the executive department . By the election of a governor; limiting his term of office to four years, render- ing him ineligible to consecutive re-election, and fix,ng his salary at the sum of August 30.1 JOURNAL OF THE CONVENTION. 533 fifteen hundred dollars per annum. By requiring as a qualification for office that he shall have attained the age of thirty-live years, shall have been a citizen of the United States fourteen years, and of this state ten years, and shall take an oath of office. By abolishing the council of revision and conferring on the governor the power to exercise a qualified veto. By providing for the election of a lieutenant governor, prescribing his duties, limiting his term of office, and designating his compensation. By providing for the election of a secretary of state, who is to continue in office during the term of the governor; and for performing such duties as are or may be assigned to him, he is to receive a salary of eight hundred dollars, with his fees of office. They have reorganized the legislative department By restricting the number of senators to twenty-five, and the number of re- presentatives to seventy-five, and prescribing the qualifications of each. By fixing, as the time for the meeting of the regular sessions of the general assembly, the first Monday in January, A. D. 1849, and on the first Monday ia January bienially thereafter. By fixing the pay of members at two dollars per day, for the first forty-two days of the session, and at one dollar per day for each day thereafter; and ren- dering them ineligible to any office which may be conferred by the governor or the general assembly, during the time for which the) were elected, and one'year thereafter, By requiring that bills providing for the pay of members, or the salaries j*of state officers, shall contain no other provisions whatever. By providing that all final votes upon bills shall be by yeas and nays, and that no bill shall become a law unless by a vote of a majority of all the members elected to each house. By prohibiting the passage of any laws authorizing lotteries, or for reviving or extending the charters of the state bank or any other bank in this state, or any special law authorizing the sale of lands belonging to individuals. By requiring that e^ch general assembly shall make appropriations for the ex- penses of the government until the adjournment, of the next regular session; that such appropriations shall not exceed the revenue for the same period, and shall not be increased or changed unless by a vote of two-thirds of each house of such next general assembly. By restricting the general assembly from borrowing any money, unless in cases of insurrection, invasion, or war, without submitting the law, authorizing the loan and providing for its payment, to the people, at least three months before the time of voting on the same, requiring a majority of all the votes cast for mem- bers of the general assembly to give to such law validity and force. By refusing to allow the credit of the state to be given in aid of any individual corporation or association. By directing that all contracts for fuel, stationery, and other necessaries ia carrying out the operations of the government, shall be let to the lowest respom- sible bidder. By adopting wholesome guards against improper and corrupting influence on this department of government And by providing a new mode of determining the census of the state. In arranging the judiciary they have sought an improved system By devolving its powers and dulieson a supreme, circuit, and county courts, and justices of the peace; authorizing the establishment of municipal courts, By the creation of three supreme judges, to be chosen by the people. 534 JOURNAL OF THE CONVENTION. [August "0. By dividing the state into three grand divisions, and requiring at least one term annually of the said court to be held in each of them. By fixing the term of office of said judges at nine years, and their salaries at twelve hundred dollars per annum. By the establishment of nine circuits, in each of which is to be elected a circuit judge, whose term of office is six years, and his salary one thousand dollars. By prescribing conservative qualifications for incumbents of the office of judge. By the erection of a county court, the judge of which is to be elected in each county, to hold his office four years, and receive such compensation as the gen- eral assembly may provide,, By conferring on this court jurisdiction in all matters of probate. By requiring the judge thereof, in conjunction with such justices of the peae as the general assembly may direct, to hold terms for the transaction of county business. By providing for the election of clerks of the several courts, and constituting the clerk of either the circuit or county court ex cfficio recorder, as the general assembly may provide. By abolishing the office of attorney general, and adopting salutary provisions for carrying into successful operation the foregoing system of courts; and by rendering a sheriff ineligible to immediate re-election. Your delegates have endeavored further to discharge the high trusts confided to them By restricting the right of suffrage to all white male citizens above the age of tw T enty-one years, and who have resided in this state one year next preceding the election ; and to such white male inhabitants above that age who shall be resi- dents of this state at the time of the adoption of this constitution ; and by re- quiring each voter to exercise his right only in the district or county where he actually resides. By changing the mode of voting to ballot. By altering the time of holding the general elections to the Tuesday next after the first Monday in November, biennially, By directing that no new county shall be created, but at the expressed vote of a majority of all persons interested, and unless the territory of such counties contains at least four hundred square miles. By adopting other restriction* in accordance with this principle. By requiring all laws creating corporations, not possessing banking powers, to be general. By prohibiting the creation of any state bank whatever. By refusing to permit the state to become interested in any corporation or as- sociation for banking purposes. By requiring that all acts authorizing corporations or associations with bank- ing powers, shall take effect only upon the approval of a majority of the people^ at a vote to be taken at some general election. By making all stockholders in any such corporation liable for the debts of the same, to the extent of the amount of the value of their shares in such corpora- tion. By allowing counties, upon a vote of a majority of the legal voters thereof, te adopt township organization in lieu of that now in force therein. By providing for the election of an auditor of public accounts by the people, whose term of office shall be four years, and salary one thousand dollars, ex- clusive of clerk hire* August 30.] JOURNAL OF THE CO:,VENT1ON. 535 By providing for the election of a treasurer in the same manner, who shall hold his office two years, and receive a salary of eight hundred dollars. By adopting an equitable system of revenue based upon the actual valuation of property. By authorizing the levying of a capitation tax when the general assembly may deem it expedient. By adopting a system for the organization of the militia. By the promulgation of a declaration of the rights pertaining to citizens; arid by declaring two modes by which this constitution may be amended at the op-_ tion of the people of the state. All of the foregoing provisions, and the articles in which they are contained, are to be voted upjn by the people as an entire proposition. Your delegates, however, have deemed it advisable to adopt absolutely a pro- vision in relation to commons, local and partial in its operation, and pertaining more particularly to the citizens of Kaskaskia and Prairie du Roche. Two articles adopted by your delegates, it has been deemed advisable to sub- mit separately, as distinct propositions, leaving the residue of the constitution unaffected by the action thereon. The first of these is the article restricting the immigration and introduction, under any circumstances, of free negroes into this state, after the adoption of this constitution. The second is the article providing for the imposition of a tax of two mills on the dollar's worth of taxable property in this state, the proceeds of which are to be applied to the discharge of the entire debt known as the internal improvement debt, by first paying the principal of such debt, and the interest accrued and ac- cruing thereon. This article contemplates a consent on the part of our creditors to this proposition. It is shown by a calculation subjoined that the entire debt will be discharged in twenty-five years, as follows: The principal part of that debt is $6,245,380 ; a two mill tax, in 1848, will produce about $200,000. This tax will increase annually at the rate of about seven per centum throughout the twenty-five years, reasoning from experience connected with western advancement. Taking these two propositions as the basis of our calculation, in nineteen years, this tax will yield $6,194,000, which leaves unpaid, of the^principal, only $51,380. There is, however, already ac- crued $2,248,372 of interest, which will be increased to about $3,000,000 be- fore this provision can be carried into operation. There will accrue, during the nineteen years, $3,559,916, making the aggregate of interest due at that time $6,559,916, which, however, is subject to constant reduction from three-fii'ths of the mill and a half fund now raised, which, in the nineteen years, amounts to $2,784,300, leaving interest then really due amounting to $3,775,316. To this add the unpaid portion of the principal, $51,380, and we have $3,826,996, which, without any great increase of interest, is yet to be discharged. To do this we now have the aggregate fund produced from the three-fifths of the mill and a half tax, and from the two mill tax which, in the six following years, will produce $4,358,700, which will liquidate the whole amount, being an excess of nearly $500,000. All this, too, without materially increasing our burthens, when viewed in connection with the proposed reduction of state expenses. Having thus completed the recapitulation proposed in this address, your dele- gates respectfully urge you to enter upon the discharge of your duties, as citi- zens, in connection with the proposed constitution, unbiased by preconceived views ; with a patriotic determination to consider the product of our labors as an entire system of organic law. That there may be many objections to the instrument submitted, will not now be controverted ; but that it is as free from 536 JOURNAL OF THE CONVENTION. [August 30. fault as the circumstances under which it has been formed would warrant, we think the candid must admit. In presenting it, and recommending its adoption, your delegates seek only tu foster the best interests of the state, and the earliest development of its unbounded resources. With an appeal to Almighty God, that He may so direct our wills and govern our acts as will most redound to His glory, and to the furtherance of the high and holy purposes we seek to advance ; and that He may, under all vicissitudes, extend to us, as a people, His omnipotent protection, we commend ourselves and your interests to His allwise control. C. H. CONSTABLE, M. G. DALE, F. S. D. MARSHALL, L. B. KNOWLTON, THOMPSON CAMPBELL, . THOS. G. C. DAVIS, JOHN DAWSON, H. M. WEAD. Which address was read. On motion of Mr. Archer, The previous question was ordered. The question was taken, by yeas and nays, on the adoption of the ad- dress, . 104 . 29 And decided in the affirmative, { IN ays, Those voting in the affirmative, are, Mr. Adams Anderson Archer Atherton Blair Bond Brockman Brown J. M. Campbell T. Campbell Canady Carter Choate Church Churchill Constable Grain R. J. Cross Dale D. Davis J. M. Davis Dawson Deitz Dummer Dunlap . Dunsmore Eccles Edmonson C. Edwards Mr. N. W. Edwards Evey Frick Graham Geddes H. R. Green P. Green Grimshaw Harding Harlan Harper Hawley Hay Hayes Hill Hurlbut Jackson Jones Judd Kenner S. Kinney A. R. Knapp N. M. Knapp Knowllon Knox Laughlin Lemon Logan Loudon Mr. McCalien McCuIly McClure McHatton F. S. D. Marshall Matheny Mieure Miller Min. hall Motfett Moore Morris Northcott Norton H. D. Palmer J. M. Palmer Peters Pratt Robbins Robinson Roman Rountree Servant Shields Sh urn way Sihley ' Sirn Simpson E. O. Smith August 30.] JOURNAL OF THE CONVENTION. 537 Mr. Spencer Stadden Swan Thomas Thornton Trower Mr. Turnbull Turner Tuttle Vance Vernor Wead Those voting in the negative, are, Mr. Akin Armstrong Ballirigall Blakely Bosbyshell Bunsen Z. Casey Colby S. J.- Cross Dement Mr. Farwell Gregg Henderson Hoes Hogue Hunsaker James W. C. Kinney Kreider Lasater Mr. West Williams Witt Whitney Woodson Mr. President. Mr. Markley Mason Oliver Pace Scates J. Smith Thompson Tutt Whiteside. Mr. Archer moved that the address be referred to the committee on Re- vision, &c.j and that it be printed for distribution with the amended con- stitution. Mr. Dement moved that the convention vote first on printing the ad- dress; when such division was refused. The question was taken, by yeas and nays, upon the motion of Mr. Archer, And decided in the affirmative, Those voting in the affirmative, are 3 (Yeas, {Nays, 94 30 Mr. Adams Anderson Archer Bond Brockman Canady Choate Church Churchill Constable R. J. Cross Dale D. Davis J. M. Davis Dawson Deilz Dunlap Dun-smore Eccles Edmonsori C. Edwards N. W. Edwards Evey Frick Graham Geddes H. R. Green Mr. P. Green Grimshaw Harding Harlan Harper Hay Hayes Hill Hurlbut Huston Jackson Jones Judcl Kenner A. R. Knapp N. M. Knapp Knowlton Knox Laughlin Lemon Lockwood Logan Loudon McCallen McCully McClure McHalton Mr. F. S. D. Marshall T. A. Marshall Matheny Mieure Miller Minshall Moffett Moore Northcott H. D. Palmer J. M. Palmer Peters Pratt Rives Robinson Roman Servant Shields Shu m way Sibley ' Sim * Simpson E. O. Smith Spencer Stadden Swan Thomas 538 JOURNAL OF THE CONVENTION. [August 30. Mr. Trower Mr. Wead Mr. Witt Turnbull Webber Woodson Turner West Worcester Tuttle Williams Mr. President. Vernor Those voting in the negative, are, Mr. Akin Mr. Colby Mr. W. C. Kinney Armstrong Crain Kreider Ballingall Dement Lasater .Blair Uregg Markley Blakelv Hatch Mason Bosbyshell Henderson Oliver Brown Hoes Pace Bunsen Hurisaker Robbing Carter James Scates Z. Casey Jenkins J. Smith. On motion of Mr. Lockvvooc), Resolved, That the committee on Revision be required, before the final adoption of the amended constitution, to correct their report of the con- stitution, whenever they shall become satisfied that they have omitted any provisions that have been ordered by the convention to forma part of the constitution, arid that they report such correction or corrections, if any, to the convention. Mr. A. R. rvnapp, from the committee on the Bill of Rights, to whic had been referred two several petitions of H. J. Grimsley and others, an of R. H. Peck, S. A. W. Jexvett and others, of Will county, in relatioi to slavery and free persons of color; also four resolutions, proposed re spectively by Messrs. Daws >n, Church, West, and T. G. C. Davis, report ed the same back to the convention, and obtained discharge from their fur ther consideration. On motion of Mr. Logan, The following win adopted, and referred to the committee on Revis ion, &LC. "SEC. . Nothing in this constitution shall prevent the general asscm bly from passing such laws in relation to the apprenticeship of minors, a may be necessary and proper." On motion of Mr. Logan, Resolved, That the secretary of state furnish each member and office of t:ie convention with two copies of its journal; that two hundred copie of said journal ba retained in the office of the secretary of state; (hat on copy be transmitted to each state of the Union, one to the librarian o congress, for the library of that body, one to the secretary of stale of th United States, for the department of state; and that the remainder of th copies, ordered to be printed, be distributed among the several countie of this state, in proportion to their white population. On motion, The convention adjourned until 5 o'clock, p. M. August 30.] JOURNAL OF THE CONVENTION. 539 FIVE O'CLOCK, P. M. The convention met pursuant to adjournment. Mr. Eccles offered the following: Resolved, That the president of the convention certify the numher of days James T. Ewinghas been employed in copying the journal, and that he receive the same compensation per diem as the assistant secretary of this convention. Mr. Northcott moved to lay the resolution on the table. The motion was rejected. The question was put, by yeas and nays, upon the adoption of the resolution, And decided in the affirmative, 5^ ' (iMays, 85 Those voting in the affirmative, are, Mr. Akin Anderson Armstrong Ballingall Blakefy Bond Bosbyshell Brockman Brown Buusen J. M. Campbell T. Campbell Canady Carter Z. Casey Choate Churchill Colby Crain S. J. Cross Dale Daw 3 on Deitz Dement Dummer Dunn Dunsmore Eccles Edmonson Mr. Evey Harwell H. R. Green P. Green Gregg Grimshaw Hatch Henderson Hill Hoes Hogue< Hurlbut Huston Kenner Kitchell Kreider Lasater Laughlin Lemon Lin ley London McCallen McCully McClure Me Halt on Markley F. S. D. Marshall T. A. Marshall Those voting in the negative, are, Mr. Adams Church R. J. Cross N. W. Edwards Frick Graham Mr. Geddes Harding Harlan Harper Hunsaker Jackson Mr. Mieure Miller Miushall Motfett Moore J. M. Palmer Pratt Robbins Robinson Roman Sh urn way Sibley Simpson E. O. Smith J. Smith Stadden Thompson Thornton Trower Turnbull Vance Vernor Wead Webber Whiteside Whitney Mr. President. Mr. Jenkins Jones S. Kinney Knox Logan Morns 540 JOURNAL OF THE CONVENTION. [August 31. Mr. Norton Mr. Shields Mr. Turner Oliver Spencer Tutt Peters Swan Tuttle Pinckney Thomas Witt. Rives On motion of Mr. Dement, Resolved, That the president of this convention deliver to the secretary of state, in open convention, the enrolled amended constitution, to be bj him deposited in his office, among the archives of this state. On motion of Mr. Edmonson, (Mr. Harvey being in the chair.) Resolved, unanimously , That the thanks of this convention be tendered to the president, the Hon. Newton Cloud, for the courteous, impartial, dig- nified, and able manner in which he has presided over its deliberations. On motion of Mr. Gregg, Resolved, unanimously, That Henry W. Moore and Harman G. Reynolds are entitled to the thanks of this convention, for the prompt and efficient manner in which they have discharged their duties as secretaries. Oa motion of Mr. N. M. Knapp, Resolved, unanimously, That the thanks of this convention be tendered to the several clergymen, who have acted at chaplains to this convention. On motion, The convention adjourned until to-morrow morning at 8 o'clock. TUESDAY, AUGUST 31, 1847. The convention assembled pursuant to adjournment. Prayer by the Rev. Mr. Bergen. Mr. Thomas, from the committee on Revision, &c., reported the follow- ing as a substitute for the schedule referred to them: SCHEDULE. That no inconvenience may arise from the alterations and amendments made in the constitution of this state, and to carry the same into com- plete effect, it is hereby ordained and declared: SECTION 1. That all laws in force at the adoption of this constitution, not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts rf this state, individuals or bodies corporate, shall continue and be as valid as if this constitution had not been adopted. SEC, 2. That all fines, penalties, and forfeitures due and owing to the state of Illinois under the present constitution and laws, shall enure to the use of the people of the state of Illinois under this constitution. SEC. 3. Recognisances, bond?, obligations, and all other instruments entered into and executed, before the adoption of this constitution, to the people of the state of Illinois, to any state or county officer or public body, shall remain binding and valid, and rights and liabilities upon the same AugustZL] JOURNAL OF THE CONVENTION. 541 hall continue, and all crimes and misdemeanors shall be prosecuted and mnished as though no change had been made in the constitution of this tate. SEC. 4. That "article XI," entitled " commons," is hereby adopted as a part of the constitution of this state, without being submitted to be roted upon by the people. SEC. 5. That at the first election fixed by this constitution for the Section of judges, there shall be elected one judge in each of the nine udicial circuits now established in this state. SEC. 0. The county commissioners' courts and the probate justices of he several counties shall continue in existence and exercise their pres- jnt jurisdiction until the county court, provided in this constitution, is or- ganized in pursuance of an act of the general assembly to be passed at its irst session. SEC. 7. That the clerk of the circuit court, in each county fixed by his constitution as the place for holding the supreme court, shall be ex fficio clerk of the supreme court, until the clerks of said court shall be lected and qualified, as provided in this constitution, and all laws now in force, in relation to the clerk of the supreme court, shall be applicable o said clerks and their duties. SEC. 8. That the sheriffs, state's attorneys, and all other officers elected inderthis constitution shall perfoim such duties as shall be prescribed by aw. SEC. 9. That the oaths of office herein required to be taken may be idministered by a justice of the peace until otherwise provided by law. SEC. 10. That this constitution shall be submitted to the pe'ople for heir adoption or rejection at an election to be held on the first Monday ia March, A. D. 1S48, and there shall also be submitted for adoption or re- ection at the same time, the separate articles in relation to the immigra- ;ion of colored persons and the public debt. SEC .11. That every person entitled to vote for members of the general lassembly, by the constitution and laws now in force, shall on the first Mon- day in March, A. D. 1848, be entitled to vote for the adoption or rejec- tion ot the constitution, and for and against the aforesaid articles separate- y submitted, and the said qualified electors shall vote in the counties in which they respectively reside, at the usual places of voting, and not else- where; and the said election shall be conducted according to the laws now in force in relation to the election of governor, so far as applicable, except as herein otherwise provided. SEC. 12. That the poll-book to be used at said election shall, as nearly as practicable, be in the following form, to wit: JOURNAL OF THE CONVENTION. \August 31. POLL-BOOK of an election held at precinct, in the county of on the first Monday in March, A. D. 1818, for the adoption or rejection of the Constitution, as amended, and the separate articles submitted. e o j | . n5 01 ^ o> 1 *5 c C "*""* 2 . to *"* flj f"^ o> X NAMES OF VOTERS. W 1 -3 c o 3 c .ss. 11 ll 11 Oi O |j ^2 l' ^^ .2 o 0) *-> 3 0) "TO ^ 1 Ol ^3 O C G 3.2 1 *a? 1 bJC-^ 1 $ A. B 1 1 1 C. D 1 2 2 2 1 3 3 i . SEC. 13. That the returns of the votes for the adoption or rejection oi this constitution, and for and against the separate articles submitted, shall be made to the, secretary of state within fifty days after the election, andl the returns of the votes shall, within five clays thereafter, be examined] and canvassed by the auditor, treasurer and secretary of state, or any tw< of them, in the presence of the governor, and proclamation shall be rnad< by the governor forthwith of the result of the polls. If it shall appear 3 that a majority of all the votes polled are for the adoption of this consti- tution, it shall be the supreme law of the land, from and after the first day| of April, A. D. 1848, but if it shall appear that a majority of the votei polled were given against the constitution, the same shall be null and void, If it shall further appear that a majority of the votes polled shall hav< been given for the separate article in relation to colored persons, or th< article for the two mill tax, then said article, or articles, shall be and fon a part of this constitution; otherwise said article, or articles, shall be nul and void. SEC. 14. That if this constitution shall be ratified by the people, th< governor shall forthwith, after having ascertained the fact, issue writs election to the sheriffs of the several counties in this state; or, in case vacancy, to the coroners, for the election of all the officers the time ol whose election is fixed by this constitution, or schedule; and it shall, the duty of said sheriffs or coroners to give at least twenty days' notice ol the time and place of said election, in the manner now provided by law. SEC. 15. The general assembly shall, at its first session after the ado] tion of this constitution, provide by law for the mod % e of voting by " lot, and also for the manner of returning, canvassing, and certifying tl number of votes cast at any election; and until said law shall be passe< all elections shall be viva voce, and the laws now in force regulating elec- tions shall continue in force until the general assembly shall provide othei wise, as herein directed. August 23.] JOURNAL OF THE CONVENTION. 543 544 JOURNAL OF THE CONVENTION. [August 31. SEC. 25. Elections of judges of the supreme and circuit courts shall be subject to be contested. SEC. 26. Contested elections of judges of the supreme court shall be tried by the senate, and of judges of the circuit court by the supreme court, and the general assembly shall prescribe the mode of proceeding therein. The question was taken, and the substitute agreed to. The same committee also reported that they had discovered two errors in the engrossed copy of ihe articles heretofore reported, to- wit: One in the seventh section, and one in the 34th section, of article three, which they had corrected. * The committee also reported that the article adopted in relation to in- ternal improvement, reported by Mr. Churchill, from the committee on Agriculture, &c., had been engrossed and enrolled as the last section of the article on corporations. The report was agreed to. On motion of Mr. J. M. Campbell, The reading of the journal of yesterday was dispensed with. Mr. Thomas, from the committee on the Revision and Adjustment, &c., reported the constitution, schedule, and separate articles as correctly en- rolled; which were read as follows: CONSTITUTION. PREAMBLE. We, the PEOPLE of the state of Illinois grateful to ALMIGHTY GOD for the civil, political and religious liberty, which HE hath so long permit- ted us to enjoy, and looking to HIM for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations in order to form a more perfect government, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the state of Illinois. ARTICLE I. BOUNDARIES. Snc'iiON 1. The boundaries and jurisdiction of the state shall be as follows, to wit: Beginning at the mouth of the Wabash river; thence up the same, and with the line of Indiana, to the north-west corner of said state; thence east, with.the line of the same state, to the middle of lake Michigan; thence north, along the middle of said lake, to north latitude forty-two degrees anJ thirty minutes; thence west to the middle of the Mississippi river, and thenr.edown, along the middle of that river, to its confluence with the Ohio river; and thence up the latter river, along its north-western shore, to the place of beginning; Provided, that this state shall exercise such jurisdiction upon the Ohio river as she is now entitled to, or such as may hereafter be agreed upon by this state and the state of Kentucky. August 31.] JOURNAL OF THE CONVENTION. 545 ARTICLE II. CONCERNING THE DISTRIBUTION OF THE POWERS OF GOVERNMENT. SECTION 1. The powers of the government of the state of Illinois shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judi- cial, to another. SEC. 2, No person, or collection of persons, being one of these de- partments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted, and all acts in contravention of this section shall be void. ARTICLE III. OP THE LEGISLATIVE DEPARTMENT. SECTION 1. The legislative authority of this state shall be vested in a general assembly; which shall consist of .a senate and house of represen- tatives, both to be elected by the people. SEC. 2. The first election for senators and representatives shall be held on the Tuesday after the first Monday in November, one thousand eight hundred and forty-eight; and thereafter, elections for members of the general assembly shall be held once in two years, on the Tuesday next after the first Monday in November, in each and every county, at such places therein as may be provided by law. SEC. 3. No person shall be a representative who shall not have at- tained the age of twenty-five years; who shall not be a citizen of the Uni- ted States, and three* years an inhabitant of this state; who shall not have resided within the limits of the county or district in which he shall be chosen twelve months next preceding his election, if such county or district shall have been so long erected; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States, or of this state; and who, moreover, shall not have paid a stale or county tax. SEC. 4. No person shall be a senator who shall not have attained the age of thirty years; who shall not be a citizen of the United States, five years an inhabitant of this state, and one year in the county or district in which he shall be chosen immediately preceding his election, if such county or district shall have been so long erected; but if not, then withia the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the pub- lic business of the United States, or of this state, and shall not, moreover, have paid a state or county tax. SEC. 5. The senators at their first session herein provided for shall be divided by lot, as near as can be. into two classes. The seats of the first class shall be vacated at the expiration of the second year, and those of 35 546 JOURNAL OF THE CONVENTION. [August 31. the second class at the expiration of the fourth year; so that one-half thereof, as near as possible, may be biennially chosen forever thereafter. SEC. 6. The senate shall consist of twenty-five members, and the house of representatives shall consist of seventy-five members, until the population of the state shall amount to one million of souls, when five members may be added to the house, and five additional members for every five hundred thousand inhabitants thereafter, until the whole num- ber of representatives shall amount to one hundred; after which, the number shall neither be increased nor diminished; to be apportioned among the several counties according to the number of white inhabitants. In all future apportionments, where more than one county shall be thrown into a representative district, all the representatives to which said coun- ties may be entitled shall be elected by the entire district. SEC. 7. No person elected to the general assembly shall receive any civil appointment within this state, or to the senate of the United States, from the governor, the governor and senate, or from the general assembly, during the term for which he shall have been elected; and all such appointments, and all votes given for any such member for any such office or appointment, shall be void; nor shalf any member of the general assembly be interested, either directly or indirectly, in any contract with the state, or any county thereof, authorized by any law passed during the time for which he shall have been elected, or during one year after the expiration thereof. SEC. 8. In the year one thousand eight hundred and fifty-five, and every tenth year thereafter, an enumeration of all the inhabitants of this state shall be made in such manner as shall be directed by law; and in the year eighteen hundred and fifty, and every tenth year thereafter, the census taken by authority of the government of the United States shall be adopted by the general assembly as the enumejation of this state; and the number of senators and representatives shall, at the first reg- ular session holden after the returns herein provided for are made, be ap- portioned among the several counties or districts to be established by law, according to the number of white inhabitants. SEC. 9. Senatorial and representative districts shall be composed o contiguous territory bounded by county lines; and only one senato allowed to each senatorial, and not more than three representatives any representative district; Provided, that cities and towns containing the requisite population may be erected in to separate districts. SEC. 10. In forming senatorial and representative districts, counties containing a population of not more than one-fourth over the existing ratio shall form separate districts, and the excess shall be given to the neares county or counties not having a senator or representative, as the cas may be, which has the largest white population. SEC. 11. The first session of the general assembly shall commence or the first Monday of January, one thousand eight hundred and forty-nine and forever after, the general assembly shall meet on the first Monday o January next ensuing the election of the members thereof, and at nc other period, unless as provided by this constitution. SEC. 12. The senate and house of representatives, when assembled shall each choose a speaker and other officers, (the speaker of the senate August 31.] JOURNAL OF THE CONVENTION. 547 excep ed.) Each house shall judge of the qualifications and election of its members, and sit upon its own adjournments Two-thirds of each house shall constitute a quorum; but asmaller number mny adjourn from day to day, and compel the attendance of absent members. SEC. 13. Each House shall keep a journal of its proceedings, and pub- lish them. The yeas and najs of the members on any question shall, at the desire of any two of them, be entered on the journals. SEC. 14, Any two members of either house shall have liberty to dissent and protest against any act or resolution, which they may think injuri- ous to the public, or to any individual, and have the reasons of their dis- sent entered on the journals* SEC. 15. Each house may determine the rules of its proceedings, pun- ish its members for disorderly behavior, and, with the concurrence of two- thirds of all the members elected, expel a member, but not a second time for the same cause; and the reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question. SEC. 16. When vacancies shall happen in either hou^e, the governor, or the person exercising the powers of governor, shall issue writs of elec- tion to fill such vacancies. SEC. 17. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the ses- sion of the general assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. SEC. 18. Each house may punish, by imprisonment duringits session, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence; Provided* such imprisonment shall not, at any one time, exceed twenty-four hours. SEC. 19. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as in the opinion of the house re- quire secrecy. Neither house shall, without the consent of the other, ad- journ for more than two days, nor to any other place than that in which the two houses shall be sitting. SEC. 20. The style of the laws of this state shall be: "Be it enacted by the People of the state of Illinois, represented in the general assembly. 1 " SEC. 21. Bills may originate in either house, but may be altered, amended, or rejected by the other; and on the final passage of all bills, the vote shall be by ayes and noes, and shall be entered on the journal; and no bill shall become a law without the concurrence of a majority of all the members elect in each house. SEC. 22. Bills making appropriations for the pay of the members and officers of the general assembly, and for the salaries of the officers of the government, shall not contain any provision on any other subject. SEC. 23. Every bill shall be read on three different days in each house, unless, in case of urgency, three-fourths of the house, where such bill is so depending, shall deem it expedient to dispense with this rule; and every bill, having passed both houses, shall be signed by the speakers of their respective houses; and no private or local law which may be passed by the general assembly shall embrace more than one subject, and that shall be expressed in the title. And no public act of the general assembly shall 548 JOURNAL OF THE CONVENTION. [August 31. take effect or be in force until the expiration of sixty days from the end of the session at which the same may be passed, unless in case of emergency the general assembly shall otherwise direct. SEC. 24. The sum of two dollars per day, for the first forty-two days' attendance, and one dollar per day, for each days' attendance thereafter, and ten cents for each necessary mile's travel, going to and returning from the seat of government, shall be allowed to the members of the general assembly, as a compensation for their services, and no more. The speaker of the house of representatives shall be allowed the sum of one dollar per day, in addition to his per diem as a member. SEC, "25. The per diem and mileage allowed to each member of the general assembly shall be certified by the speakers of their respective houses, and entered, on the journals, and published at the close of ea^b session. SEC. 26. No money shall be drawn from the treasury, but in conse- quence of appropriations made by law; and an accurate statement of the receipts and expenditures of the public money shall be attached to, and published with, the laws at the rising of each session of the general as- sembly. And no person, who has been or may be a collector or holder of public moiioys, shall be eligible to a seat in either house of the general as- sembly, nor be eligible to any office of profit or trust in this state, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable. SEC. 27. The house of representatives shall have the sole power of impeaching; but a majority of all the members elected must concur in an impeachment. All impeachments shall be tried by the senate; and when sitting for that purpose, the senators shall be upon oath, or affirmation, to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the senators elected. SEC. 28. The governor, and other civil officers under this state, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than to removal from office, and dis- qualification to hold any office of honor, profit, or trust, under this state. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law. SEC. 29. No judge of any court of law or equity, secretary of state, attorney general, attorney for the state, recorder, clerk of any court of record, sheriff or collector, member of either house of congress, or per- son holding any lucrative office under the United States or of this state provided that appointments in the militia, or justices of the peace, shall not be considered lucrative offices shall have a seat in the general assem- bly; nor shall any person, holding any office of honor or profit under the government of the United States, hold any office of honor or profit under the authority of this state. SEC. 30. Every person who shall be chosen or appointed to any office of trust or profit shall, before entering upon the duties thereof, take an oath to support the constitution of the United States, and of this state, and also an oath of office. SEC. 31. The general assembly shall have full power to exclude from the privilege of electing, or being elected, any person convicted of bribe- ry, perjury, or other infamous crime. August 31.] JOURNAL OF THE CONVENTION. 549 SEC. 32. The general assembly shall have no power to grant divorces, but may authorize the courts of justice to grant them for such causes as may be specified by law; Provided, that such laws be general and uniform in their operation. SEC. 33. The general assembly shall never grant or authorize extra compensation to any public officer, agent, servant, or contractor, after the service shall have been rendered, or the contract entered into. SEC. 34. The general assembly shall direct by law in what manner suits may be brought against the state. SEC. 35. The general assembly shall have no power to authorize lot- teries for any purpose, nor to revive or extend the charter of the state bank, or the charter of any other bank heretofore existing in this state, and shall pass laws to prohibit the sale of lottery tickets in this state. SEC. 30. The general assembly shall have no power to authorize, by private or special Jaw, the sale of any lands or other real estate belong- ing in whole or in part to any individual or individual?. SEC. 37. Each general assembly shall provide for all the appropria- tions necessary for the ordinary and contingent expenses of the govern- ment until the adjournment of the next regular session, the aggregate amount of which shall not be increased without a vote of two-thirds of each house, nor exceed the amount of revenue authorized by law to be raised in such time; Provided, the state miy, to meet casual deficits or fail- ures in revenues, contract debts never to exceed in the aggregate fifty thousand dollars; and the moneys thus borrowed shall be applied to the purpose for which they were obtained, or to re-pay the debt thus made, and to no other purpose; and no other debt, except for the purpose of repel- lihg invasion, suppressing insurrection, or defending the state in war, (for payment of which the faith of the state shall be pledged,) shall be con- tract d, unless the law authorizing the ?arne shall, at a general election, have been submitted^to the pccple, and have received a majority of all the votes cast for members of the general assembly at such election. The general assembly shall provide for the publication of said law for three months at least before the vote of the people shall be taken upon the same; and provision shall be made, at the time, for the payment of the interest annu'iily, as it shall accrue, by a tax "levied for the purpose, or from other sources of revenue; which law, providing for Ihe payment of such interest by such tax, shall be irrepealable until such debt be paid ; And provided, further, that the law levying the tax snail be submitted to the people with the law authorizing the debt to be contracted. SEC. 3$. The credit of the state shall not, in any manner, be given to, or in aid of, any individual, association, or corporation. SEC. 39. The general assembly sha'l provide, by law, that the fuel and stationery furnished for the use of the state, the copying, printing, binding, and distributing the laws and journals, and all other printing or- dered by the general assembly, shall be let, by contract, to the lowest re- sponsible bidder; and that no member of the general assembly, or other officer of the state, shall be interested, either directly or indirectly, in any ssuch contract; Provided, That the general assembly may fix a maximum price. SEC. 40. Until there shall be a new apportionment of senators and 550 JOURNAL OF THE CONVENTION. {August 3L representatives, the state shall be divided into senatorial and representa- tive districts, and the senators and representatives shall be apportioned among the several districts, as follows, viz: SENATORIAL DISTRICTS. 1. The counties of Alexander, Union, Pulaski, Johnson, Massac, Pope, and Hardin shall constitute the first senatorial district, and shall be enti- tled to one senator, 2. The counties of Gailatin, Saline, Williamson, Franklin, and White shall constitute the second senatorial district, and be entitled to one sena- tor. 3. The counties of Jefferson, Wayne, Marion, and Hamilton shall constitute the third senatorial district, and be entitled to one senator. 4. The counties of Washington, Perry, Randolph, and Jackson shali constitute the fourth senatorial district, and be entitled to one senator. 5. The counties of St. Glair and Monroe shall constitute the fifth sena- torial district, and be entitled to one senator. 6. The counties of Madison and Clinton shall constitute the sixth sen- atorial district, and be entitled to one senator. 7. The counties of Christian, Shelby, Montgomery, Bond, and Fay- ette sh/tH constitute the seventh senatorial district, and be entitled to one senator. 8. The counties of Effingham, Jasper, Clay, Richland, Lawrence, Ed- wards, and Wabash shall constitute the eighth senatorial district, and be entitled to one senator. 9. The counties of Edgar, Clark, and Crawford shall constitute the ninth senatorial district, and be entitled to one senator. 10. The counties of Vermilion, Champaign, Piatt, Moultrie, Coles, and Cumberland shall constitute the tenth senatorial district, and be enti- tled to one senator. I !. The counties of Tazewell, McLean, Logan, De Witt, and Macon shall constitute the eleventh senatorial district, and be entitled to one sen- ator. 12. The counties of Sangamon, Menard, and Mason shall constitute the twelfth senatorial district, and be entitled to one senator. 13. The counties of Maeoupin, Jersey, Greene, and Calhoun shall constitute the thirteenth senatorial district, and be entitled to one senator. 1 1. The counties of Morgan, Scott, and Cass shall constitute the four- teenth senatorial district, and be entitled to one senator. 15. The counties of Adams and Pike shall constitute the fifteenth sen- atorial district, and be entitled to one senator. 16. The counties of McDonough, Schuyler, Brown, and Highland shall constitute the sixteenth senatorial district, and be entitled to one senator. 17. The counties of Hancock and Henderson shall constitute the sev- enteenth senatorial district, and be entitled to"bne senator. 18. The counties of Fulton and Peoria shall constitute the eighteenth senatorial district, and be entitled to one senator. 19. The counties of Rock Island, Henry, Mercer, Warren, Knox a August 31.] JOURNAL OF THE CONVENTION. 551 and Stark shall constitute the nineteenth senatorial district, and be enti- tled to one senator. 20. The counties of La Salle, Bureau, Putnam, Marshall, Woodford ? Livingston, and Grundy shall constitute the twentieth senatorial district, and be entitled to one senator. 21. The counties of Du Page, Kendall, Will, and Iroquois shall con- stitute the twenty-first senatorial district, and be entitled to one senator. 22. The counties of Ogle, Lce,DeKalb, and Kane shall constitute the twenty-second senatorial district, and be entitled to one senator. 23. The counties of Jo Daviess, Stephenson, Carroll, and Whiteside shall constitute the twenty-third senatorial district, and be entitled to one senator. 24. The counties of McHenry, Boone, and Winnebago shall constitute the twenty-fourth senatorial district, and be entitled to one senator. 25. The counties of Cook and Lake shall constitute the twenty-fifth senatorial district, and be entitled to one senator. REPRESENTATIVE DISTRICTS. 1. The counties of Union, Alexander, and Pulaski shall constitute the first representative district, and be entitled to one representative. 2. The counties of Massac, Pope, ami Hardin shall constitute the se- cond representative district, and be entitled to one representative. 3. The counties of Galiatin and Saline shall constitute the third re- presentative district, and be entitled to one representative. 4. The counties of Johnson and Williamson shall < onstitute the fourth representative district, and be entitled to one representative. 5. The counties of Jackson and Franklin shall constitute the fifth re- presentative district, and be entitled to one representative. 6. The counties of Marion, Jefferson, Wayne, and Hamilton shall constitute the sixth representative district, and be entitled to three repre- sentatives; Provided, that no county in said district shall have more than one of said representatives, and the county from which a senator shall be selected shall not be entitled to a representative residing in said^county. 7. The county of White shall constitute the seventh representative district, and be entitled to one representative. 8. The counties of Wabash and Edwards shall constitute the eighth representative district, and be entitled to one representative. 9. The counties of Lawrence and Richland shall constitute the ninth representative district, and be entitled to one representative. 10. The counties of Crawford and Jasper shall constitute the tenth representative district, and be entitled to one representative. 11. The county of Coles shall constitute the eleventh representative district, and be entitled to one representative. 12. The county of Clark shall constitute the twelfth representative district, and be entitled to one representative. 13. The counties of Cumberland, Effingham, and Clay shall constitute the thirteenth representative district, and be entitled to one representa- tive. OP THK UNIVERSITY 552 JOURNAL OF THE CONVENTION. [August 31. 14. The county of Fayette shall constitute the fourteenth representa- tive district, and ba entitled to one representative. 15. The counties of Montgomery, Bond, and Clinton shall constitute the fifteenth representative district, and be entitled to two representa- tives. 16. The counties of Washington and Perry shall constitute the six- teenth representative district, and be entitled to one representative. 17. The county of Randolph shall constitute the seventeenth repre- sentative district, and be entitled to one representative. 18. The county of Monroe shall constitute the eighteenth representa- tive district, and be entitled to one representative. 19. The county of Saint Clair shall constitute the nineteenth repre- sentative district, and be entitled to two representatives. 20. The county of Madison shall constitute the twentieth representa- tive district, and be entitled to two representatives. 21. The county of Macoupin shall constitute the twenty-first represen- tative district, and be entitled to one representative district. 22. The counties of Jersey and Greene shall constitute the twenty- second representative district, and be entitled to two representatives. 23. The county of Scott shall constitute the twenty-third representa- tive district, and be entitled to one representative. 24. The county of Morgan shall constitute the twenty fourth repre- sentative district, and be entitled to two representatives. 25. The counties of Cass and jVfenard shall constitute the twenty-fifth representative district, and be entitled to one representative. 26. The county of Sangamon shal/ constitute the twenty-sixth repre- sentative district, and be entitled to two representatives. 27. The counties of Mason and Logan shall constitute the twenty- seventh representative district, and be entitled to one representative. 28. The county of Tazewell shall constitute the twenty-eighth repre- sentative district, and be entitled to one representative. 29. The counties of McLean and De Witt shall constitute the twenty- ninth representative district, and be entitled to one representative. 30. The county of Vermilion shall constitute the thirtieth representa- tive district, and be entitled to one representative. 31. The county of Edgar shall constitute the thirty-first representa- tive district, and be entitled to one representative. 32. The counties of Champaign, Piatt, Moultrie, and Macon shall con- stitute the thirty-second representative district, and be entitled to one re- presentative. 33. The counties of Shelby and Christian shall constitute the thirty- third representative district, and be entitled to one representative. 34. The counties of Pike and Calhoun shall constitute the thirty-fourth representative district, and be entitled to two representatives. 35. The counties of Adams, Highland, and Brown shall constitute the thirty-fifth representative district, arid be entitled to three representa- tives. 3f. The county of Schuyler shall constitute the thirty-sixth represen- tative district, and be entitled to one representative. August 31.] JOURNAL OF THE CONVENTION. 553 37. The county of Hancock shall constitute the thirty-seventh repre- sentative district, and be entitled to two representatives. 38. The county of McDonough shall constitute the thirty-eighth re- presentative district, and be entitled to one representative. 39. The county of Fulton shall constitute the thirty-ninth representa- tive district, and be entitled to two representatives. 40. The county of Peoria shall constitute the fortieth representative district, and be entitled to one representative. 41. The county of Knox shall constitute the forty-first representative district, and be entitled to one representative. 42. The counties of Mercer, Warren, and Henderson shall constitute the forty second representative district, and be entitled to two represen- tatives. 43. The counties of Rock Island, Henry, and Stark shall constitute the forty-third representative district, and be entitled to one representa- tive. 44. The counties of Whiteside and Lee shall constitute the forty- fourth representative district, and be entitled to one representative. 4f>. The counties of Carroll and Ogle shall constitute the forty-fifth representative district, and be entitled to one representative. 40. The counties of Jo D.sviees and Stephenson shall constitute the forty-sixth representative district, and be entitled to two representatives. 47. The county of Winnebago shall constitute the forty-seventh re- presentative district, and be entitled to one representative. 48. The counties of Putnam, Marshall, and Wood ford shall constitute the forty-eighth represenlative district, and be entitled to one representa- tive. 49. The county of La Sal !e, Grundy, Livingston, and Bureau shall constitute the forty-ninth representative distiict. and be entitled to two representatives. 50. The counties of Du Page, Kendall, Will, and Iroquois shall consti- tute the fiftieth representative district, and be entitled to three represen- tatives. 51. The counties of Kane and DeKalb shall constitute the fifty-first representative district, and be entitled to two representatives. 5*2. The counties of Boone and McHenry shall constitute the fifty- second lepresentative district, and be entitled to two representatives. 53. The county of Lake shall constitute the fifty-third representative district, and be entitled to one representative. 54. The county of Cook shall constitute the fifty-fourth representative district, and be entitled to two representatives. SEC. 41. Until the general assembly shall otherwise provide, the clerks of the county commissioners' courts in each of the aforesaid senatorial districts, and in such of the representative districts as may be com- posed of more than one county, shall meet at the county seat of tLe old- est county in said district, within thirty days next after any election for senator or representative therein, for the purpose of comparing and can- vassing the votes given at such election; nnd the said clerks shall in all other respects conform to the laws on the subject in force at the time of the adoption of this constitution. 554 JOURNAL OF THE CONVENTION. [August 31. ARTICLE IV. OF THE EXECUTIVE DEPARTMENT. SECTION 1. The executive power of the state shall be vested in a governor. SEC. 2. The first election of governor shall be held on Tuesday next after the first Monday in November, A. D. 1848; and the next efection shall be held on Tuesday next after the first Monday of November, A. D. 185!2; and thereafter an election for governor shall be held once in four years, on Tuesday next after the first Monday of November. The governor shall be chosen by the electors of the members of the general assembly, at the same places and in the same manner that they shall re- spectively, vote for members thereof. The returns for every election of governor shall be sealed up, and transmitted to the seat of government, by the returning officers, directed to the speaker of the house of n >re- sentatives, who shall open and publish them in the presence of a mnjo ity of the members of each house of the general assembly. The person hav- ing the highest number of votes shall be governor; but if two or u ; ore be equal and highest in votes, then one of them shall be chosen governor by joint ballot of both houses of the general assembly. Contested lec- tions shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law. SEC. 3. The first governor shall enter upon the duties of his office on the second Monday of January, A. D. 1849, and shall hold his oiHcf until the second Monday of January, A. D. 1853, and until his successor shall have been elected and qualified; and thereafter the governor shall hold his office for the term of four years, and until his successor shall have been elected and qualified; but he shall not be eligible to such office i ;ore than four years in any term of eight years, nor to any other office until after the expiration of the term for which he was elected. SEC. 4. No person except a citizen of the United States shall be eligible to the office of governor; nor shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been ten years a resident of this state, and fourteen years a citizen of the United States. SEC. 5. The governor shall reside at the seat of government, and receive a salary of fifteen hundred dollars per annum, winch shall not be increased or diminished; and he shall not, during the time for whic.i he shall have been elected, receive any emolument from the United Slates, or either of them. SEC. 6. Before he enters upon the duties of his office, he shall take the following oath or affirmation, to wit: " I do solemnly swear (or aii'rm) that I will faithfully execute the duties appertaining to the office of gov- ernor of the state of Illinois; and will, to the best of my ability, preserve, protect, and defend the constitution of this state; and will, also, support the constitution of the United States." SEC. 7. He shall, from time to time, give the general assembly infor- mation of the state of the government, and recommend to their cons der- ation such measures as he shall deem expedient. August 31.-] JOURNAL OF THE CONVENTION. 555 SEC. 8. The governor shall have power to grant reprieves, commuta- tions, and pardons, after conviction, for all offences, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for par- dons. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the general assembly at its next meeting, when the general assembly shall pardon the convict, commute the sentence, direct the execution thereof, or grant a further reprieve. He shall, biennially, communicate to the general assembly each case of reprieve, commutation, or pardon granted, stating the name of the convict, the crime for which he was convicted, the sen- tence and its date, arid the date of commutation, pardon, or reprieve. SEC. 9. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed. SEC. 10. He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state in said proclamation the pur- pose for which they are to convene ; and the general assembly shall enter on no legislative business except that for which they were specially called together. SEC. 11. He shall be commander in-chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States. SEC. 12. The governor shall nominate and, by and with the advice and consent of the senate (a majority of all the senators concurring,) appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointments are not otherwise provided for ; and no such officer shall be appointed or elected by the general assembly. SEC. 13. Jn case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such time as he thinks proper, provided it be not to a period beyond the next constitutional meeting of the same. SEC. 14. A lieutenant governor shall be chosen at every election of governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant governor. SEC. 15. The lieutenant governor shall, by virtue of his office, be speaker of the senate, have a right, when in committee of the whole, to debate and vote on all subjects, and, whenever the senate are equally divided, to give the casting vote. SEC. 16. Whenever the government shall be administered by the lieu- tenant governor, or he shall be unable to attend as speaker of the senate, the senators shall elect one of their own number as speaker for that occa- sion; and if, during the vacancy of the office of governoi, the lieutenant governor shall be impeached, removed from office, refuse to qualify, or resign or die, or be absent from the state, the speaker of the senate shall, in like m^;mer, administer the government. 556 JOURNAL OF THE CONVENTION. [August 31. SEC. 17. The lieutenant governor, while he acts as speaker of the senate, shall receive for his services the same compensation which shall, for the same period, be allowed to the speaker of the hou?e of represen- tatives, and no more. SEC. 18. If the lieutenant governor shall be called upon to administer the government, and shall, while in such administration, resign, die, or be absent from the state, during the recess of the general assembly, it shall be the duty of the secretary of state, for the time being, to convene the senate for the purpose of choosing a speaker. SEC. 19. In case of the impeachment of the governor, his absence from the state, or inability to discharge the duties of his office, the pow- ers, duties, and emoluments of the office shall devolve upon the lieutenant governor; and in ca.se of his death, resignation, or removal, then upon the speaker of the senate for the time being, until the governor, absent or impeached, shall retirn or be acquitted; or until the disqualification or inability shall cease; or until a new governor shall be elected and qual- ified. SRC. *2Q. In case of a vacancy in the office of governor, for any other cause than those herein enumerated, or in case of the death of the sjov- ernor elect before he is qualified, the powers, duties, and emoluments of the office shall devolve upon the lieutenant governor, or speaker of the senate, as above provided, until a new governor be elected and qualified. SEC. W 21 Every bill which shall have passed the senate and house of representatives shall, before it becomes a law, he presented to the gover- nor; if he approve, he shall sign it; but if not, he shall return it. with his objections, to the house in which it shall have originated; and the said house shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, a majority of the members elected shall agree to pass the bill, it shall be sent, together with the ob- jections, to the other house, by which it shall likewise be reconsidered; and if approved by a majority of the members elected, it shall become a law, notwithstanding the objections of the governor; but in al! such cases the votes of both houses shall be determined by yeas and nays, to be en- tered on the journal of each house, respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like roa-ner as if he had signed it, unless the general assembly shall, by their adjourn- ment, prevent its return; in which case, the said bill shall be returned on the first day of the meeting of the general assembly after the expiration of said ten days, or be a law. SEC. *2. There shall be elected by the qualified electors of this state, at the same time of the election for governor, a secretary of state, whose term of ofKce shall be the same as that of the governor, who ?h;ill keep a fair register of the official acts of the governor, and, when required, >hall lay the same, and all papers, minutes, and vouchers relative thereto, before either branch of the geneial assembly, and shall perform such other S AND THE RIGHT OF SUFFRAGE. SECTION 1. In all elections, every white male citizen above the age )f twenty-one years, having resided in the state one year next preceding ny election, shall be entitled to vote at such election; and every white ale inhabitant of the age aforesaid, who may be a resident of the state ,t the time of the adoption of this constitution, shall have the right of oting as aforesaid; but no such citizen or inhabitant shall be entitled to ote, except in the district or county in which he shall actually reside at ' e time of such election. SEC. 2. All votes shall be given by ballot. SEC. 3. Electors shall, in all cases, except treason, felony, or breach f the peace, be privileged from arrest during their attendance at elec- ons, and in going to and returning from the same. SEC. 4. No elector shall be obliged to do militia duty on the days of ection, excep{ in time of war or public danger. SEO. 5. No elector^shall be deemed to have lost his residence in this ate by reason of his absence on the business of the L T nited States, or of is state. SEC. 6. No soldier, seaman, or marine, in the army or navy of the nited States, shall be deemed a resident of this state, in consequence of ling stationed at any military or naval place within the state. ' I SEC. 7. No person shall be elected or appointed to any office in this ate, civil or military, who is not a citizen of the United States, and who all not have resided in this state one year next before the election or ointment. ^ IS EC. 8. The general assembly shall have full power to pass laws ex- uding from the right of suffrage persons convicted of infamous crimes. ' SEC. 9. The general elections shall be held on the Tuesday next after '' p first Monday of November, biennially, until otherwise provided bj ARTICLE VII. OF COUNTIES. & [SECTION 1. No new county shall be formed or established by the . ( peral assembly, which will reduce the countj or counties, or either of 1m, from which it shall he taken, to less contents than four hundrqj 36 562 JOURNAL OF THE CONVENTION. [August 31. square miles; nor shall any county be formed of less contents; nor shall any line thereof pass within less than ten miles of any county seat of the county or counties proposed to be divided. SEC. 2. No county shall be divided, or have any part stricken there- from, without submitting the question to a vote of the people of the county, nor unless a majoiity of all the legal voters of the county voting on the question shall vote for the same. SEC. 3. All territory which has been or may be stricken off, by legis- lative enactment, from any organized county or counties, for the purpose of forming a new county, and which shall remain unorganized after the period provided for such organization, shall be, and remain a part of the county or counties from which it was originally taken, for all purposes of county and state government, until otherwise provided by law. SEC. 4. There shall be no territory stricken from any county unless a majoiity of the voters living in such territory shall petition for such division; and no temtory shall be added to any county without the con- sent of a majority of the voters of the county to which it is proposed to be added. SEC. 5. No county seat shall be removed until the point to which it is proposed to be removed shall be fixed by law, and n majority of the voters of the county shall have voted in favor of its removal to such point. SEC. 6. The general assembly shall provide, by a general law, for a township organization, under which any county may organize whenever a majority of the voters of such county, at any general election, shall s< determine; and whenever any county shall adopt a township organization, so much of this constitution as provides for the management or the fiscal concerns of the said county by the county court may be dispensed with, and the affairs of said county may be transacted in such manner as th< general assembly may provide. SEC. 7. There shall be elected in each county in this state, by th< qualified electors thereof, a sheriff, who shall hold his office for the ten of two years, and until his successor shall have been elected and qualified! Provided, no person shall be eligible to the said office more than once ii four years. ARTICLE VIII. MILITIA. SECTION 1. The militia of the state of Illinois shall consist of all fr< male able-bodied persons, (negroes, mulattoes, and Indians excepted,) res dent of the state, between the ages of eighteen and forty-five years, exce] such persons as now are or hereafter may be exempted by the laws of tt United States or of this state, and shall be armed, equipped, and train< as the general assembly may provide by law. SEC. 2. No person or persons, conscientiously scrupulous of bearii arms, shall be compelled to do militia duty in time of peace, provid* such person or persons shall pay an equivalent for such exemption. SEC. 3. Company, battalion, and regimental officers, staff officers ugust 31.] JOURNAL OF THE CONVENTION. 63 jpted, shall be elected by the persons composing their several companies, attalions, and regiments. SEC. 4. Brigadier and major generals shall be elected by the officers f their brigades and divisions, respectively. SEC. 5. All militia officers shall be commissioned by the governor, ad may hold their commissions for such time as the legislature may rovide. SEC. 6. The militia shall, in all cases, except treason, felony, or breach lie peace, be privileged from arrest during their attendance at musters d elections of officers, and in going to and returning from the same. ARTICLE IX. OF THE REVENUE. SECTION L The general assembly may, whenever they shall deem it cessary, cause to be collected from all able-bodied, free while male in- )itants of this state, over the age of twenty-one years and under the e of sixty years, who are entitled to the right of suffrage, a capitation of not less than fifty cents, nor more than one dollar each. SEC. 2. The general assembly shall provide for levying a tax by luation, so that every person and corporation shall pay a tax in pro- rtion to the value of his or her property; such value to be ascertained some person or persons to be elected or appointed in such manner as i general assembly shall direct, and not otherwise; but the general >embly shall have power to tax pedlers, auctioneers, brokers, hawkers, crchants, commission merchants, showmen, jugglers, inn-keepers, gro- ry keepers, toll bridges and ferries, and persons using and exercising mchises and privileges, in such manner as they shall from to time direct. SEC. 3. The property of the state and counties, both real and per- nal, and such other property as the general assembly tnay deem neces- ry for school, religious, and charitable purposes, may be exempted from xation. SEC. 4. Hereafter no purchaser of any land or town lot, at any sale lands or town lots for taxes due either to this state or any county, or corporated town or city within the same; or at any sale for taxes'or levies ithorized by the laws of this state, shall be entitled to a deed for the nds or town lot so purchased until he or she shall have complied with ic following conditions, to wit: Such, purchaser shall serve, or cause to 3 served, a written notice of such purchase on every person in possession 'such land or town lot. three months befora the expiration of the time redemption on such sale; in which notice he shall state when he pur- lased the land or town lot, the description of the land or lot he has pur- based, and when the time of redemption will expire. In like manner he mil serve on the person or persons in whose name or names such land or >t is taxed, a similar written notice, if such person or persons shall reside i the county where such land or lot shall be situated; and in the event lat the person or persons in whose name or names the land or lot is taxed o not reside in the county, such purchaser shall publish such notice in >me newspaper printed in such county j and if no newspaper is printed in 5G4 JOURNAL OF THE CONVENTION. [August 31, the county, then in the nearest newspaper that is published in this state to the county in which such lot or land is situated; which notice shall be inserted three times, the last time not less than three months before the time of redemption shall expire. Every such purchaser, by himself or agent, shall, before he shall be entitled to a deed, make an affidavit oi his having complied with the conditions of this section, stating particular- ly the facts relied on as such compliance; whichaffidavit shall be delivered to the person authorized by law to execute such tax deed, and which shall by him be filed with the officer having custody of the records of lands and lots sold for taxes and entries of redemption in the county where such laud or lot shall lie, to be, by such officer entered on the records of his office and carefully preserved among the files of his office; and which record 01 affidavit shall be prima facie evidence that such notice has been given Any person swearing falsely in such affidavit shall be deemed guilty o; perjury, and punished accordingly. In case any person shall be compelled under this section to publish a notice in a newspaper, then, before any per- son who may have a right to redeem such land or lot from tax sale shall be permitted t3 redeem, he or she shall pay the officer or person whc by law is authorized to receive such redemption money, the printer's fee for publishing such notice and the expenses of swearing or affirming t the affidavit, and filing the same. SEC. 5. The corporate authorities of counties, townships, school dis tricts, cities, towns, and villages may be vested with power to assess anc collect taxes for corporate purposes; such taxes to be uniform in respec to persons and property within the jurisdiction of the body imposing the same. And the general assembly shall require that all the property withir the limits of municipal corporations belonging to individuals shall be taxec for the payment of debts contracted under authority of law. SEC. 6. The specification of the objects and subjects of taxation sha not deprive ffie general assembly of the power to require other objects c subjects to be taxed in such manneras may be consistent with the pri] ciples of taxation fixed in this constitution. ARTICLE X. CORPORATIONS. SECTION 1. Corporations, not possessing banking powers or privil ges, may be formed under general laws, but shall not be created by spe cial acts, except for municipal purposes, and, in cases where, in the jud| ment of the general assembly, the objects of the corporation cannot be a tained under general laws. SEC. 2. Dues from corporations not possessing banking powers o privileges, shall be secured by such individual liabilities of the corpor* tors, or other means, as may be prescribed by law. SEC. 3. No state bank shall hereafter be created, nor shall the sta own or be liable for any stock in any corporation or joint stock associ tion for banking purposes, to be hereafter created. SEC. 4. The stockholders in every corporation, or joint stock associ tion for banking purposes, issuing bank notes, or any kind of paper credi August 31.] JOURNAL OF THE CONVENTION. 565 to circulate as money, shall be individually responsible, to the amount of their respective share or shares of stock in any such corporation or asso- ciation, for all its debts and liabilities of every kind. SEC. 5. No act of the general assembly, authorizing corporations or [associations with banking powers, shall go into effect, or in any manner !be in force, unless the same shall be submitted to the people at the gen- eral election next succeeding the passage of the same, and bu approved a majority of all the votes cast at such election for and against uch law. SEC. 6. The general assembly shall encourage internal improvements, r passing liberal general laws of incorporation for that purpose. ARTICLE XI. COMMONS. All lands which have been granted, as a "common,'' to the i (habitants any town, hamlet, village or corporation, by any person, body politic corporate, or by an}* government having power to make such giant, all forever remain common to the inhabitants of such town, hamlet, llage, or corporation; but the said commons, or any of them, or any part ereof, may be divided, leased, or granted, in such manner as may heic- ter be provided by law, on petition of a majority of the qualified voters terested in such commons, or any of them. * ARTICLE XII. AMENDMENTS TO THE CONSTITUTION. SECTION 1. Whenever two-thirds of all the members elected to each anch of the general assembly shall think it necessary to alter or amend is constitution, they shall recommend to the electors at the next elec- on of members of the general assembly, to vote for or against a conven- on; and if it shall appear that a majority of all the electors of the state >ting for representatives have voted for a convention, the general as- mbly shall, at their next session, call a convention, to consist of as any members as the house of representatives at the time of making said ill, to be chosen in the same manner, at the same place, and by the same ector.s, in the same districts that chose the members o f ' the house of re- ^esentatives, and which convention shall meet within three months after e said election, for the purpose of revising, altering, or amending this con- itution. SEC. 2. Any amendment or amendments to this constitution may be oposed in either branch of the general assembly; and if the same shall agreed to by two-thirds of all the members elect in each of the two >use?, such proposed amendment or amendments shall be referred to the 5X1 regular session of the general assembly, and shall be published at ast three months previous to the time of holding the next election lor embers of the house of representatives; and if, at the next regular scs- of the general assemby after said election, a majority of all the mern- TS elect in each branch of the general assembly shall agree to said amend- 56G JOURNAL OF THE CONVENTION. [August 3 rnent or amendment?, then it shall be their duty to submit the same i the people at the next general election for their adoption or rejection, ; such manner as may he prescribed by law; and if a majority of all the ele tors voting at such election for members of the house of representativi shall vote for such amendment or amendments, the same shall become part of the constitution. But the general assembly shall not havepowi to propose an amendment or amendments to more than one article of kh constitution at the same session. ARTICLE XIII. That the general, great, and essential principles of liberty and free go^ ernment may be recognized and unalterably established, WE DI CLARE: SECTION 1. That all men are born equally free and independent, an have certain inherent and indefensible lights; among which are those < enjoying and defending- life and liberty, and of acquiring, possessing, an protecting property and reputation, and of pursuing their own happines SEC. k 2. That all power is inherent in the people, and all free goven ments are founded on their authority, and instituted for their peace, saf ty, and happiness. SEU. 3. That all men have a nafural and indefeasible right to worshi Almighty God according to the dictates of their own consciences; thi no man can of right be compelled to attend, erect, or support any pla( of worship, or to maintain any ministry against his consent; that no hi man authority can, in any case whati ver, control or interfere with i\ rights of conscience; and that no preference shall ever be given by la' to any religious establishments or modes of worship. Sue. 4. That no religious test shall ever be required as a qualificatio to any office of public trust under this state. SEC. 5. That all elections shall be free and equal. Src. 6. That the right of trial by jury shall remain inviolate; ai shall extend to all cases at law, without regard to the amount in conti versy. SEC. 7. That the people shall be secure in their persons, houses, pcrs, and possessions, from unreasonable searches and seizures; and tl general warrants, whereby an officer may be commanded to search si pected places without evidence of the fact committed, or to seize any \ son or persons not named, whose offences are not particularly descril and supported by evidence, are dangerous to liberty, and ought not to granted. SEC. 8. That no freeman shall be imprisoned , or disseized of his fr* hold, liberties, or privileges, or outlawed or exiled, or in any manner prived of his life, liberty, or property, but by the judgment of his peers, the law of the land. SEC. 9. That in all criminal prosecutions, the accused hath a right be heard by himself and counsel; to demand the nature and cause of acousaticn against him; to meet the witnesses face to face; to have c< pulsory process to compel the attendance of witnesses in his favor; ai in prosecutions by indictment or information, a speedy public trial by August 31.] JOURNAL OP THE CONVENTION. 567 impartial jury of the county or district wherein the offence shall have been committed, which count} or district shall have been previously ascertain- ed by law; and that he shall not be compelled to give evidence against himself. !SEC. 10. No person shall be held to answer for a criminal offence un- less on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or iu the militia when in actual service in time of war or public danger; Provided, that justices of the peace shall try no person, except as a court of inquiry, for any offence punishable with imprisor*- ment or death, or fine above one hundred dollars. SEC. 1 1. No person shall, for the same offence, be twice put in jeopar- dy of his life or limb; nor shall any man's property be taken or applied to public use without the consent of his representatives in the general assembly, nor without just compensation being made to him. SEC. 12. Every person within this state ought to find a certain reme- dy in the laws, for all injuries or wrongs which he may receive in his person, property, or character; he ought to obtain right and justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws. SEC. 13. That all persons shall be bailable by sufficient sureties, unless for capital offences where the proof is evident 'or the presumption greai; and the privilege of the writ of habeas corpus shall not be suspended, un- less, when in cases of rebellion or invasion, the public safety may require it. SEC. 14. All penalties shall be proportioned to the nature of the offence; the true design of all punishment being to reform, not to exter- minate mankind. SEC. 15. No person shall be imprisoned for debt, unless upon refusal to driver up his estate for the benefit of his creditors, in such manner as shall be prescribed^by law, or in cases where there is strong presumption of fraud. SEC. 16. There shall be neither slavery nor involuntary servitude in this state, except as a punishment for crime whereof the party shall have been duly convicted. SEC. 17. No ex post facto law, nor any law impairing the obligation of contracts, shall ever be made; and no conviction shall work corruption of blood or forfeiture of estate. SBC. 18. That no person shall be liable to be transported out of this state for any offence committed within the same. SEC. 19. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of lib- erty. SEC. 20. The military shall be in strict subordination to the civil power. SKC. 21. That the people have a right to assemble together in a peace- able manner to consult for their common good, to instruct their represen- tatives, and to apply to the general assembly for redress of grievances. SEC. 22. No soldier shall, in time of peace, be quartered in any house 568 JOURNAL OF THE CONVENTION. [August 31. without the consent of the owner; nor in time of war, except in manner prescribed by law. SB. 23. The printing presses shall be free to every person who un- dertakes to examine tho proceedings of the general assembly, or of any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print, on any subject, being responsible for the abuse ol that liberty. SEC. 24. In prosecutions for the publication of papers investigating the official conduct of officers, or of men acting in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence ; and in al! indictments for libels, the jury shall have the right of determining both the law and the fact, under the direction of the court, as in other cases. SEC. 25. Any person who shall, alter the adoption of this constitution, fight a duel, or send or accept a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this state, and shall be punished otherwise, in such manner as is or may be prescribed by law. SEC. 26. That from and after the adoption of this constitution, every person who shall be elected or appointed to any office of piofit, trust, or emolument, civil or military, legislative, executive, or judicial, under the government of this state, shall, before he enters upon the duties of his office, in addition to the oath prescribed in this constitution, take the fol- lowing oath: "I do solemnly swear (or affirm, as the case may be,) that I have not fought a duel, nor sent or accepted a challenge to fight a duel, the probable issue of which might have been the death of either party, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the hearer of such challenge or acceptance, since the adoption of the constitution: and that 1 will not be so engaged or concerned, directly or indirectly, in or about any such duel, during my continuance in office. So help me, God." SCHEDULE. That no inconvenienc3 may arise from the alterations and amendments made in the constitution of this state, and to carry the same into com- plete effect, it is hereby ordained and declared: SECTION 1. That all laws in force at the adoption of this constitution, not inconsistent therewith, and all rights, actions, prosecutions, clairps, and contracts of this state individuals or bodies corporate, shall continue and be as valid as if this constitution had not been adopted. SEC. 2. That all fines, penalties, and forfeitures due and owing to the state of Illinois under the present constitution and laws, shall enure to the use of the people of the state of Illinois under this constitution. August 31.] JOURNAL OF THE CONVENTION. 569 SEC. 3. Recognizances, bonds, obligations, and all other instruments entered into or executed, before the adoption of this constitution, to the people of the state of Illinois, 10 any state or county officer or public body, shall remain binding and valid, and rights and liabilities upon the same shall continue, and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of the state. SEC. 4. That "article XI," enthled "commons," is hereby adopted as d part of the constitution of this state, without being submitted to be voted upon by the people. SEC. 5. That at the first election fixed by this constitution for the election of judges, there shall be elected one circuit judge in each of the nine judicial circuits now established in this state. SEC. 0. The county commissioners' courts and the probate justices of the several counties shall continue in existence and exercise their pres- ent jurisdiction until the county court, provided in this constitution, is or- ganized in pursuance of an act ol the general assembly to be passed at its first session. SEC. 7. That the clerk of the circuit court, in each county fixed by this constitution as the place for holding the supieme court, except in the county of SangJimon, shall be ex officio clerk of the supreme court, until the clerks of said court shall be elected and qualified, as provided in this constitution, and all laws now in force, in relation to the clerk of the supreme court, shall be applicable to said clerks and their duties. SEC. 8. That the sheriffs, state's attorneys, and all other officers elected under this constitution shall perfoim such duties as shall be prescribed by law. SEC. 9. That the oaths of office herein required to be taken may be administered by a justice of the peace until otherwise provided by law. SEC. 10. That this constitution shall be submitted to the people for their adoption or rejection at an election to be held on the first Monday in March, A. D. 1848, and there shall also be submitted for adoption or re- jection at the same time, the separate articles in relation to the emigra- tion of colored persons and the public debt. SEC. 11. That every person entitled to vote for members of the general assembly, by the constitution and laws now in force, shall on the first Mon- day in March, A. D. 1848, be entitled to vote for the adoption or rejec- tion ot this constitution, and for and against the aforesaid articles separate- ly submit tec, and the said qualified electors shall vote in the counties in which they respectively reside, at the usual places of voting, and not else- where; and the said election shall be conducted according to the laws now in force in relation to the election of governor, so far as applicable, except as herein otherwise provided. SEC. 12. That the poll-book to be used at said election shall, as nearly as practicable, be in the following form, to wit: 570 JOURNAL OF THE CONVENTION. [August 31 POLL-BOOK of an election held at precinct, in the county of on the first Monday of March, A. D. 1818, for the adoption or rejection of the Constitution, and the separate articles submitted. j4 G , o c ^ r-j .2 "3 "ctf "^ 2 OJ ^4 2 w 2 8 "Si 2 NAMES OF THE VOTERS. c o IM O O 1 G O CM O O I .2S. O r T3 "o ^ Against the articl tion to colored For the article for mill tax. Against the articl two mill ta A. B 1 1 1 C. D. 2 2 1 3 3 1 SEC. 13. That the returns of the votes for the adoption or rejection of this constitution, and for and against the separate articles submitted, shall be made to the secretary of state within fifty days after the election, and the returns of the votes shall, within five days thereafter, be examined and canvassed by the auditor, treasurer and secretary of state, or any two of them, in the presence of the governor, and proclamation shall be made by the governor forthwith of the result of the polls. If it shall appear, that a majority of all the votes polled are for the adoption of this consti- tution, it shall be the supreme law of the land, from and after the first day of April, A. D. 1848, bu: if it shall appear that o majority of the votes polled were given against the constitution, the same shall be null and void. If it shall further appear that a majority of the votes polled shall have been given for the separate article in relation to colored persons, or the article for the two mill tax, then said article, or articles, shall be and form a part of this constitution; otherwise said article, or articles, shall be nul and void. SEC. 14. That if this constitution shall be ratified by the people, the governor shall forthwith, after having ascertained the fact, issue writs o election to the sheriffs of the several counties in this state; or, in case ol vacancy, to the coroners, for the election of all the officers the time of whose election is fixed by this constitution, or schedule; and it shall be the duty of said sheriffs or coroners to give at least twenty days' notice of the time and place of said election, in the manner now prescribed by law, SEC. 15. The general assembly shall, at its first session after the adop lion of this constitution, provide by law for the mode of voting by bal lot, and also lor the manner of returning, canvassing, and certifying the number of votes cast at any election; and until said law shall be passed all elections shall be viva voce, and the laws now in force regulating elec tions shall continue in force until the general assembly shall provide other wise, as herein directed. August 31.] JOURNAL OF THE CONVENTION. 571 SEC. 16* That the first general election of governor, secretary of state, auditor, treasurer, and members of the general assembly, and of such other officers as are to be elected at the same time, shall be held on the first Monday of August, eighteen hundred and forty-eight, anything in this constitution to the contrary notwithstanding. County officers then elected shall hold their respective offices until their successors are elected or appointed, in conformitywith laws hereafter enacted. SEC. 17. That returns of the election of justices of the supreme and judges of the circuit courts, secretary of state, auditor, and treasurer, shall be made and canvassed as is now provided by law for representatives in congress; and returns for members of the general assembly and county offi- cers shall be made and canvassed as is now provided by law. SEC. 18. That all laws of the state of Illinois, and all official writings, and the executive, legislative, and judicial proceedings, shall be conducted, preserved, and published in no other than the English language. SEC. 19. On the first Monday in December, one thousand eight hun- dred and forty-eight, the term of office of judges of the supreme court, state's attorneys, and of the clerks of the supreme and circuit courts, shall expire ; and on said day, the term of office of the judges, state's attor- neys, and clerks elected under the provisions of this constitution, shall com- mence. The judges of the supreme court, elected as aforesaid, shall have and exercise the powers and jurisdiction conferred upon the present judges of that court; and the said judges of the circuit courts shall have and ex- ercise the powers and jurisdiction conferred upon the judges of those courts, subject to the provisions of this constitution. SEC. '20. On the first Monday of December, one thousand eight hun- dred and forty-eight, jurisdiction of all suits and proceedings then pending in the present supreme court shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the rourt where the same may be pending. The jurisdiction of all suits and proceedings then pending in s,J I hereby certify that JOHN MIEURE authorized F. S. D. Marshall, in my presence, to sign his name to the constitution. D. DUNSMORE. State of Illinois, Sangamon county: I, GARNER MOFFETT, a delegate of the constitutional convention from the county of Carroll, do hereby authorize Newton Cloud to sign my name to the constitution adopted by the state convention. Given under my hand, this 30th day of August, 1847. GARNER MOFFETT. In presence of GEO. W. ARMSTRONG. Jugvst 31.] JOURNAL OF THE CONVENTION. 577 The members having thus signed their names to the constitution, the secretary and assistant secretary appended their signatures thereto, in attestation thereof. The president signed the two separate articles, and they were likewise attested by the secretary and assistant secretary. The president then, in pursuance of the order of the convention, in open convention, delivered the enrolled constitution, schedule and two separate articles to the secretary of state, for preservation among the archives of his office. After a pertinent and effecting address from the honorable the presi- dent, ^n motion of Mr. Z. Casey, The convention adjourned, sine die. HENRY W. MOORE, Secretary of the Convention* INDEX TO THE JOURNAL OF THE CONVENTION. A. io PAGE. be granted to 164 4 20 92 133 208 Absence, leave ot not member, Adams, Augustus, attended, resolutions, amendments, 218 263 leave, - - 156 Adjournment, sine die, of convention, 14") 217 414 577 Address to the people, - - 532 Agriculture, - - 394 board of, - - 394 duties of, - 394 Akin, John W., attended, - 4 resolutions, - 23 167 amendments, 23 165 280 282 406 leave, - - 187 Allen, Willis, attended, - 5 reports, - 192 199 253 Allison, Fisher. See Petitions. Allison, Jesse. See Petitions. Alton, invitation to attend funeral, at, 182 American Independence, celebration of, 125 Amendments to the constitution, arti- cle 12, - - 565 Anderson, Samuel, attended, amendments, - 214 petitions. - 129 Appropriation^ how to be made, - 36 Apportionments, - - 69,70,83,145 committee on, - 71 Apprenticeship of minors, - 538 Armstrong, George W., attended, 4 resolutions 14 amendments, 112 199 203 229 230 240 272 297338343351353 356 367 374 397 404 511 PAGE, Archer, William R., attended, - 5 resolutions, 13 24 3042 108 amendments, 13 149 184 212353 reports, 72 86 104 189 leave, 110269387 Army and navy, commander-in-chief of, 175 Asylum for the deaf, dumb, and insane, 111 Assessors, county clerks to furnish tax lists to, - - 422 Atherton, Martin, attended, 3 Attorney General, election of, 27 37 160 162 248 ineligibility of, 82 term of office of, 160 162 248 salary of, 160 162 248 state's, election of, 38 162 248 term of office of, 160 162 248 salar of, 38162248 county, election of, 98 141 387 409 how paid, 388 Atwater, William. See Petitions. Auditor of State, election of, - 27 37 86 salary of, - 27 37 86 communi 137 term of service of 8f) to pay members per diem and milage 89 to give information 92 Auctioneers, to pay tax - 79 80 214 B. Banks, prohibited within this state, 38 40 49 51 7599 100101 108 137 139 140 198 199 228229 231 283 288 291 307365410 paper, to prohibit circulation of, 40 60 99 100 101 235 233 239 290 365 410 5SO INDEX. PAG Banks, suspensions prohibited, 75 102 103 13 197230233251 to produce forfeiture of charter 13819823123 25! issues restricted, - 42 46 6 national, - - 60 10U 47 stockholders, individual liabil- ity of, 75 100 103 107 138 139 19 228 23 1 233 255 - feilf holders to have preference 75 102103 107138 198231 23325 officers, embezzlement by, how punished, 7510110310719823 charters repeaiable, authorizing creation of, - 99 19 stock, state not to be interested in, - - - 10219 state, prohibited, - 10313819 charters prohibited, special acts for, - 103,13813923 bills, registry of, 103 138 230 23 restricted, number ofj 10 lowest denomination of bills, 10 bills not receivable for taxes or debts due state, - Wl stock to be paid in before issues are made - 10310723023: state not to borrow money from 3 IE charters to be published before being submitted to vote of people - 31 c to redeem their notes at Alton and Chicago - - 240 capital, amount of 198 231 233 Banking laws, general 60 100 101 103 197 question of, to be submitted sepa- rately to the people, 6099 100101 103 108 198 231 23 256 283 288 290 291 307 400 to be submitted to the people, 75 107 108 138 199 229- 040 0-52 BalliRgall, Patrick, aue.-ded, 4 resolutions, - 9 amendments, 115130 134 451 excused from serv- ing on commit- tee to report ad- dress - 379 Ballot, voting by 32 47 99 180 523 525 Barbecue, invitation to attend, - 110 Binding, public, - 5071311 to be let to lowest bidder, - 73 74 153 JBilderback, James. See Petitions. Blakely, William H , attended, - 4 Blair, Montgomery, attended, - 51 amendments, - 134 PAGE. Bosbyshell, William, attended, - 3 resolutions, - 32 92, amendments, 118 178 202205471 petitions - 379 leave, 201 Borrowing money, state restricted in, 42 46 60 Bond, Ben., attended, - 4 resolutions, - - 6 92 amendments, - 149453 Booth, Lewis M., secretary pro tern., 3 Boucherie, Edward. See Petitions, Boice, John P. See Petitions. Boundaries and jurisdiction of state, 395 447 544 Bonds, amount of internal improvement, 152 sterling, 152 state house, - 152 Brockman, James, attended, 3 resolutions, - 10 31 99 amendment?, 51 127 215 228267298311 467 petitions, 173 leave, - - 149 Brown, George T., attended, 5 resolutions, - 148 amendments, 153272361 433 440 465 communication from Mr. Keating, 182 Brown, Mrs. and daughters, to have use of senate chamber, 102 197 Brown, L. H. See Petitions. Jrown, John. See Petitions, brokers, to pay tax, - 79 80 214 Brayman, M., to superintend printing of constitution, - 571 Sutler, Horace, attended, 4 resolutions, 943117120 amendments, 117 135 153 195 231 petitions, - 12,9 leave, - - 394 unsen, George, attended, 5 resolutions, - 104 leave, - 335 lurns, James. See Petitions, lyers, William M. See Petitions. c. 'atdwelf, Albert G., attended, - 4 rules, 494 sections, - 498 amendments 65 109 144 193 194 228 283 288 291 299 300 307 356 447 463 510 asey, Franklin S , attended, - 4 asey, Zadoc, attended, - 4 chairman pro tern., 3 resolutions, - 21 50 145 amendments, 42 250 reports, - 97 104 147 INDEX. 581 Campbell, Thompson, attended, resolutions, 44 98 148 168 amendments, 13 46 48 112 125 157 165 188 399 406 497 asked to be ex- cused from serv- ing on commit- tee on Education, 96 Campbell, James M., attended, lesolutions, 3189115 amendments, 210 211 215 267 404 Canady, John, attended, resolutions, 9 leave, 116 Carter, Thomas B., attended. Capital punishment, to abolish, 48 49 61 356 462 Canal debt, amount of, 152 Carner, Stephen. See Petitions. Catlin, Selh. See Petitions, Census, 69 74 83 87 145 367 Census, of 1845, 72 87 Cemetery, property exempt from taxation, 80 Churchill, Alfred, attended, 4 resolutions, 60 89 amendments, 39 121 153 172 176 213 221 226 228 reports, 394 asked to be excused from serving on committee on Ed- ucation, 96 Churchill, George. See Petitions. Church, Selden M., attended, 5 resolutions, 46 98 amendments, 23 88 114 130190196317425458 Choate, Charles, attended, 12 leave, 115285 Charters, granting of prohibited, 28 Church property, exempt from taxation, 79 Chandler, Charles. See Petitions. Circuits, number of judicial, 159 Citizenship, a qualification for voting, 196 200 201 202 203 204 qualification for holding office, 396 Claims, how to be allowed, 74 Cloud, Newton, attended, 5 elected president of con- vention, 6 leave, 353 thanks of convention vo- ted to, 540 Clergy invited to open sessions with prayer, 9 Clerks of circuit courts, 25 37 46 409 to give information, 69 terms of service of, 162 163 Clerks of circuit courts, salaries of, 162 duties of, 160 162 163 to elect, 140 141 160 162 164216 of county courts, to elect, 140 141 164 246 terms of office of, 164 of county and circuit courts, to tax, 115 of county courts to furnish tax lists to assessors, 422 ineligibility of, 390 to canvass votes for representa- tives and senators, 418 recorder to perform duties of county, 106 163 246 of supreme court to give informa- tion, 58 communication from, 61 to be elected, 45 390 409 Clergymen of Springfield, resolution in relation to, 186 197 thanks of con* vention vo- ted to, 54ft Colby, E. F., attended, 4 resolutions, 440 489 Constable, Charles Unattended, 5 resolutions, 19 84 301 364 amendments, 79 174 178 345 365 387 reports, 532 leave, 109 excused, 387 ommittee on the Executive Department, 35 Judiciary Department, 35 Legislative Department, 35 Bill of Rights, 35 Incorporations, 35 Revenue, 35 Elections and Right of Suf- frage, 35 Finance, 35 Education, 35 Organization of Departments, 35 County Organization, 35 Militia ar.d Military Affairs, 35 Revision of Articles of Con- stitution, 35 Miscellaneous Subjects and Questions, 35 Law Reform, 35 Apportionment, 71 Agriculture, Geology and Min- eralogy, 89 Township Organization, 87 173 to divide State into three Ju- dicial Divisions, 352 to prepare Address to the People, 364 582 INDEX. PAGE. Committee to procure printing" Constitu- tion in Norwegian lan- guage, 490 515 to procure printing Constitu- tion iu German Language, 490 515 Schedule, 518 Standing to consist of, 14 reports of, 11 of the whole, reports to be re- ferred to, 108 to-be discontinued, 156 Convention, defining powers and duties of, 13 14 1820 35 Contingent expenses, 74 134 Constitution, to print copies ol state, for use of convention, 21 to amend, 90 91 199 507 to print amended, 363 515 preamble to, 395 the amended, 544 absent members permitted to sign, 574 Common schools, state supeiintendant of, 31 59 98 104 110 129 137 143 151 156172 countyj 31 Commons, 136 146 192460 519 Compensation, no extra, to be allowed, 36 Committees, list of standing, to be prin- ted, 36 Commander-in-chief of army and navy, 175 Congress, time of holding elections for members of, 38 ineligibility of, 82 Commission merchants to pay tax, 79 80 214 Collectors, ineligibility of. 82 133 Constables, election of, . 409 Copying journals to be let to the lowest bidder, 83 Committee on Revision authorized to em- ploy clerk, 435 Corporations, article 10, 561 Coroner, term of office of, 164 to elect, 140 141 164 409 Committee, instructions to, on Law Re- form. 73 Grain, John, attended, 5 resolutions, 92 amendments, 229 298 reports, 206 224 228 309 315 Crawford, Bryce. See Petitions. Criminal prosecutions, to regulate, 48 Crouch, Phineas. See Petitions. Cross, Samuel J., attended, 5 leave, 363 Cross, Robert J., attended, 5 petitions, 142185189 amendments. 131 155 157 176 273 277 303 378 459 Council of Revision, to abolish, 19 25 27 41 Counties, new, 31 59 187 436 437 to change lines, 92 141 187 431 433 438 516 PAGE, County seats, re-location of, 97 432 433 435 unorganized, 106 436 division of, 432 County officers, for misdemeanor, pun- ishment of, 405 Counties may adopt township organiza- tion, 446 Counties, article 7, 561 County surveyor, term of office of, 164 to elect, 140 164 409 courts, jurisdiction of, 106 140 163 164 216- clerk of, to be ex officio recorder, " 106 376 compensation of, 106 163 217 376 to have power to reduce fees of officers, 106 pleadings to be oral, 106 216 appeals from, 106 216 to meet quarterly, 106 163 216 restricting, in contracting debts, 129 of record, 2659 139 164 to 'establish, 38 105 163 216 245 351 365 367 Courts, to abolish county commission- ers', 43 58 105 129 173 216 to abolish probate, 60 105216 24o 356 to establish probate, 140 354 jurisdiction of probate, 140 supreme, how composed, 25 27 45 159 160 161 244 salary of judges of, 27 45159 160245 jurisdiction of, 159 161 244 terms, where held, 159 244 347 391 396 405 530 Counties, prescribing size of, 139 140 Dale, Michael G., attended, 3 resolutions, 36 amendments, 155 157 184 450 petitions, 450 Davis, David, attended, 4 resolutions, 45 amendments, 134 144 177 195 489 petitions, 77 129 Davis, James M., attended, 5 resolutions, 132547 111 amendments, 134 165 178 179 228 229 322 386 469 497504516 leave, 285 Davis, T. G. C., attended, resolutions, 48 98 amendments, 187 reports, 161 180 INDEX. 583 PAGE. Dawson, John, attended. 5 resolutions, 42 48 77 87 164 amendments, 112 153 175 178 202 203 213 220 221 227 269 376 423 reports, 248 Deitz, Peter W., attended, 5 amendments, 68 78 91 115 124 133215 304320 356 474 502 petitions, 177 Dement, John, attended, 4 resolutions, 12 36 42 540 amendments, 207 253 299 322 332 491 reports, 6781246 leave, 110 363 Debt, amount of state, 151 amount of internal improvement, 152 186 amount of canal, 152 state, not to be affected by change of constitution, 523 to provide for payment of state, 194 488 498 516 Department of state, 395 District attorneys, . 25 compensation of, 25 term of office of, 25 Districts, senatorial, ' 415 representative, 415 Divorces, legislature prohibited from granting, 83 254 Divorce of bank and state, 112 Division of state into judicial districts, 161 194 244 345 Doctors to pay tax, 215 Dodge, Reuben D. See Petitions. Duelling/to suppress, 87 255 465 466 472 oaths of officers in relation to, 4i"2 Dummer, Henry E., attended, 4 petitions, 129 200 leave, 187 270 Dunn, Harvey, attended, 5 leave, 110 335 Dunlap, James, attended, . 5 amendments, 240 Dunsmore, Daniel, attended, 5 E. 50225539 91 193 409 Eccles, Joseph F., attended, resolutions, amendments, 432 453 leave, 109 Edtnonson, John W. F., attended, 4 resolutions, 26 41 540573 amendments, 43 198 394 leave, 109 excused from serving on committee on Incorporations, 46 PAGE. Edwards, Cyrus W., attended, 5 resolutions, 9 148 194 484 amendments, 102 321 398 488 reports, 506 petitions, 129 asked to be excused from serving on committee on Edu- cation, 95 Edwards, Ninian W., attended, 5 resolutions, 74 77 125 475 amendments, 127 134 135 145 149153 155 188211229 280 305 361 430 433 464 498 523 531 petitions, 379 to superintend prin- ting of constitu- tion, 574 Evey, Edward, attended, 5 resolutions, 25 amendments, 191 195 petitions, 50 leave, 285 Education, 31 committee on, 12 35 Elections, committee on, 12 35 change of time for holding, 30 99 to prohibit betting at, 47 of members of congress, 38 Elective franchise, 283243 Elliot, William. See Petitions. Etnmerson, Sylvester. See Petitions. Emigration to this state, 458 Ewing, James T , appointed assistant clerk, 77 compensation of, 539 Executive Department, to organize, 28 power in whom vested, 61 Exemption of certain property from sale, 56 Ex post facto laws prohibited, 41 59 74 253 F. Farwell,Seth B. ; attended, 5 amendments, 213 223 229 334 356 petitions, 45 172 192 Feaman, Jacob, See Petitions. Felony, embezzlement of bank officers declared, 102 103 Ferries, tax on, 79 Furguson, resolution in memory of Lieut. 182 Fletcher, do do " do 182 Finance, committee on, 12 35 report of, 58 396 488 509 Frick, Frederick, attended, 5 leave, 212 584 INDEX. PAGE French and Irish languages, to print con- stitution in Fuel to be furnished by lowest bidder, Fugitives from justice, G. 44 s; 46c Gaylor, Charles H., to have use of the hall, 30 Geddes, Thomas, attended, resolutions, 32 88 amendments, 65 116 162 213 285 289 340 345 General orders, 12 General assembly, duties of, Geological survey of state, 894 German language, to print constitution in, 440 490 Governor to be permitted a seat within bar, 1 term of office of, 2248 62 72 power of, to appoint secretary of state, 38 64 salary of, 48 62157 318324 how chosen, 62 ineligibility of, 62 155 qualifications necessary for, 62 official oath of, 62 powers of, 62 63 395 message of, 62 shall be commander-m-chief of militia, 62 to have veto power, 63 communication from, 151 time of electing, 155 persons not citizens ineligible to office of, 155 to reside at seat of government, 157 to be ex officio fund commis- sioner, 158 320 to fill vacancies in supreme court, 160 officers to be commissioned by, 390 and senate to appoint judges of supreme court, 337 340 Governor, Lieut., election and duties of, 37 327 to abolish office of, 44 how chosen, 63 qualifications of, 63 duties of, 63 liable to impeachment, 63 compensation of, 63 Government, how divided, 22 distribution of powers of, 22 24 courts to be held at seat of, 193 Graham, James, attended, amendments, - 128 387 Green, W. B., attended, 4 Green, Peter, attended, 10 leave, 90 Green, Henry R., attended, 10 leave, 225 357 PAGE. Gregg, David L., attended, 34. resolutions, 196 540 574 amendments, 75 252 316 334 reports, 87 415 Grimshaw, William A., attended, 5 resolutions, 32 494 amendments, 466 leave, 269 Grocery keepers to pay tax, 79 80 214 H. Hawley, Nelson, attended, resolutions, amendments, petitions, Hawkers to pay tax, Hall, Rev. Mr., to excuse, 4 111 460 151 79 167 168 Hanna, John C.' See Petitions. Harlan, Justin, attended, 4 Harper, Joshua, attended, 4 Harvey, Curtis K., attended, 4 resolutions, 21 41 amendments, 10 113 114 134 143 150 193 209229 232 297 306 396 449 463 465 reports, 137 139 Harding, Abner C., attended, 5 resolutions, 98 146 174 amendments, 69 70 111 113 127 165 171 176 196343344347 Hayes, S. Snowden, attended, 5 resolutions, 20 73 156 197 amendments, 70 127 350 - . 184 204 209 241 256 317 449 462 493 reports, 61 101 110309 Hay, Daniel, attended, 5 resolutions, 574 amendments, 33 113 214 266 296 '317 lardin, Col., resolution in memory of, 148 lart, Barnabus. See Petitions, latch, Jeduthan, attended, 4 lenderson, Hugh, attended, 6 resolutions, 72 petitions, 379 leacock, Reuben E., attended, 4 litchcock, J. J. See Petitions. Hill, George H., attended, 4 resolutions, 125 amendments, 114 petitions, 129 Hoes, Abraham, attended, 4 petitions, 110 Holmes, William H., attended, 5 amendments, 130 433 reports, 143 INDEX. 585 Hogue, James M., attended, amendments, 107 11313 145 17822623234334 399 489 Household furniture from taxation, to exempt, 79 8 Houghton, Lieut., resolution in memory of, 14 Houston, John, See Petitions. Howe, Stephen. do Hollister, M. E., do Huston, John, attended, leave, ' 20 Hunsaker, Samuel, attended, leave, 22 Hurlbut, Stephen A., attended, 1 amendments, 49 13 184 215 343 344 37 404 reports, 16 I. Illinois Colonization Society to have use of hall, 50 Impeachments, 82 160 162 172 245 40( Ice, sergeant- at-arms to contract for, 8-1 Internal improvement debt, amount of, 152 Internal improvements, 39^ Incorporations, committee on, 12 3 Incorporation, special acts of, 7 Incidental expenses of state govern- ment, 50 7 Individual liability, 75 100 103 107 138 139 228 231 255 Inn keepers to pay tax, Invitation to attend funeral at Alton, 182 Irish and French languages, to print con- stitution in, 44c J. Jackson, Aaron C., attended, petitions, leave, Jarnes, James A., attended, leave, Jenkins, Alexander M., attended, 172 216 5 173 4 resolutions, 26 141 amendments, 203 453 reports, 64 139 141 187 petitions, 224 leave, 285 Jewett, Samuel H. W. See Petitions. Jones, H. B., attended, 5 resolutions, 43 amendments, 157 178 179 190 360 reports, 79 195 petitions, 56 leave, 252 PAGE. Journal, allowing protests to be entered on, ~ 14 82 of convention, 73 on final passage of laws the yeas and nays to be entered on, 74 82 88 to print, 190 number of copies of, 190 Judd, Thomas, attended, 4 Judicial power, how vested, 38 45 159 161 244 Judiciary, vacancies in, how filled, 161 244 Department, committee on, 12 35 committee, reports of, 58 87 102 159 161 163 182 183 186 187 190 192 518 change of, 18 22 45 Judges, salaries of, 19 22 38 45 159 160 161 162 217 245 251 378 390 election of, 25 38 129 159 160 161 188 216 244249 338 390 405 491 531 term of service of, 38 45 160 161 1S8 191 216 249 390 ineligibility of, 43 45 82 160 162 245 334 338 of supreme court, governor to ap- point, 337 340 county and associate, to elect, 105 163 216 pay of, 105 163 217 terms of office of, 163 jurisdiction of, ' 163 Fugglers to pay tax, 79 Juries, exempting certain persons from serving on, 97 110 rurisdiction of supreme court, 161 244 Justices of the peace, duties of, 160 246 jurisdiction of, 160 246 to compose county court, 164 term of office of, 164 246 ustice, fugitives from, 465 K. Kenner, Alvin R., attended, 4 resolutions, 88 92 amendments, 65 91 128130 149 151 175 179 188 196 200 215 229271 276 297 307 404 507 Keyes, James W., administered oaths to members, 10 14 34 51 [eating, Edward, communication from 3 182 Cinney, Simon, attended, 3 amendments, 114213270 orders, 483 485 Cinney, William C., attended, 5 resolutions, 98 200 amendments, 30 193 586 INDEX. PAGE. Kinney, William C., reports, 139 petitions, 185 leave, 335 Kitchell, Alfred, attended, 5 resolutions, 30 88 107 515 amendments, 30 44 91 134 179 184 185 190 191 193 211 222 449460462 leave, 173 336 Kline, William J., door keeper pro tern,, 3 Knapp, A. R , attended, 4 resolutions, 186 amendments, 153 157 193 210 221 440 449 469 472 reports, 538 Xnapp, N. M., attended, 5 resolutions, 19 47 105 168 amendments, 171 193 424 465 reports, 395 439 leave, 335 Knowlton, Lincoln B., attended, 5 resolutions, 111 amendments, 13 165 303 343 446 petitions, 156 172 leave, 225 Knowlton, Jesse L. See Petitions. Knox, James, attended, 4 resolution, 76 amendments, 130, 174 203 Kreider, George, attended, 4 leave, . 163 L. Ladies of Presbyterian church to have use of senate chamber, 494 Lamberson, David B. See Petitions. Lander, Samuel, attended, 4 leave, 116 Lands, tax on public, 87 Lasater, James M., attended, 34 Laughlin, William, attended, amendments, 41 114 leave, 202 Lavely, William, administered oaths to members, 6 12 Law Reform, committee on, 35 reports of, 61 101 110 309 395 439 492 Laws, to borrow money to be submitted to the people, 83 amended, to be printed with ori- ginal act, 88 not to be in force till after being published and circulated, 89 101 to be printed in English only, 98 310 commissioners to codify, 98 revision of, 309 Lawyers to pay tax, 215 Legislative Department, committee on, 12 35 reports of, 6781 102 104 115 127 142 144 145 149 157 165 171 173 175 177 authority, how vested, 81 Legislature, times of convening, 21 25 26 27 38 42 43 48 99 171 208 length of sessions of, 25 26 27 38 42 43 50 72 129 powers and duties of, 25 27 88 135 number of members of, 39 42 43 48 50 67 68 129 powers and duties of, 25 27 88 135 number of members of, 39 42 43 48 50 67 68 J29 per diem pay of members of, 38 424348 5071 728289129 130 157 278 ineligibility of members of, 46 74 82 280 282 first election for members of, 81 qualifications of members, 82 members of privileged from arrest, 82 per diem pay of officers of, 132 to divide state into 60 coun- ties, 438 number of officers of to be limited, 47 majority of all the members of the, necessary to pass bills, 74 mileage of members of, 71 72 82 Legislation, restriction of, 83 296 Leland, S. W. See Petitions. Lemon, George B., attended, 4 amendments, 127 156 438 leave, 98 217 Life offices, to abolish, . 100 Limiting members in the time of speak- ing, 31 220 Linley, Isaac, attended, 4 resolutions, 52 amendments, 52 Little, A. G. See Petitions. Lockwood, Samuel D., attended, 14 resolutions, 58 158 168 538 amendments, 135 175 190 222 227271 282 303 402406 419 426 460 reports, 61 Logan, S. T., attended, 5 resolutions, 895351445538 amendments, 14 34 65 73 78 132 135143 154 156 157 168 177 179 184 187 196220 232 251 374 405 440 444 463 490 502 523 524 531 538 repoits, 419 INDEX. 587 Lotteries, Louden, John T., attended, resolutions, leave, M. PAGE. 5982 5 21 187 Manly, Uri, attended, Maps for Judiciary committee, 77 Marshall, Thomas A., attended, 4 resolutions, 32 amendments, 91 345 leave, 115 Markley, David, attended, 4 resolutions, 40 amendments, 33 99 145 147 157 215 221 232 263 265 307 343 378 392 404 431 432 437 sections, 390 leave, ' 74 187 Marshall, F. S. D., attended, 5 resolutions, 97 amendments, 112 178 191 212296440 sections, 390 Mason, John West, attended, 4 amendments, 176 202 203 301 Matheny, James H., attended, 5 Mays, Valentine. See Petitions. McCallen, Andrew, attended, 4 resolutions, 132549443 amendments, 13334860 113 128 133 149 171 ^172 210 211 226 229 232 268 277 326 429 440 462 478 McIIatton, Alexander, attended, 3 leave, ' 201 McCully, John, attended, 5 leave, 199 McClure, William, attended, McLean, Hon. John, invited within the bar, 12 McMillen, Oscar F. See Petitions. McGutfey, Professor, to have use of hall, 484 Members" not to receive pay while absent, 115 116 117 118 119 120 124 be allowed stationery, 124 Mieure, John, attended, Militia and military affairs, ^ 2035 Militia, governor to be commander-in- chief of, 6v fines, 88 officers elective, 98 144 duty, poll tax in lieu of, 88 organizing companies of, 88 14< organization of, 14c article 8th of constitution, 562 Miller, Jam*>s. See Petitions. Miller, Robert, attended, leave, 163 PAGE. Minshall, William A., attended, 5 resolutions, 18 19 69 amendments, 6 146 177, 343 508 reports, leave, Minority of males and fe/nales, 396 Minors, apprenticeship of, 538 MinimumVssessment of lands for taxation, 426 Miscellaneous Subjects, committee on, 20 35 Moffett, Garner, attended, resolutions, 49 amendments, petitions, 143 172 Moore, Goorge S., attended, 4 leave, 201 Morris, Richard G., attended, leave, 163 Moore, Henry W., secretary pro tern., elected secretary to convention, 7 thanks of convention voted to, 540 Morrell, John. See' Petitions. Mortimer, Benjamin, address of, 174 Money, to tax, 230 Mount Vernon, supreme court for 1st di- vision to be held at, 419 Morgan, Win. See Petitions. N. National bank, 60 100 473 Naturalization, to enforce of foreigners, 130 Negroes, prohibiting from coming into the state, 3192939495 laws relating to, 95 255 453 457 464 467 469 475 question to be submitted sepa- rately to the people, 452 New counties, 31 59 187 436 437 Nichols, Jacob N., attended, petitions, 156 Niles, Capt. Franklin, resolutions in memory of, 280 Norton, Jesse O., attended, amendments, 51 165 leave, 225 Northcott, Benjamin F., attended, 5 resolutions, 26 amendments, 146153 179215 Norwegian language, to print constitution in, 490 0. Oaths, administered to members, 6 10 12 14 3451 of officers in relation to duelling, 472 Oath, to support the constitution of Uni- ted States, 6 83 588 INDEX. Officers to be ineligible to all otheroffices Petitions, Houston, John, during their term, 100 104 217 Oliver, John, attended, 4 amendments, 175 Order of proceeding in convention, 36 Organization of Departments, committee on, 12 35 59 Ottawa, supreme court for 3d division to be held at, 489 P. Palmer, James M., attended, 5 resolutions, 9 25 168 482 amendments, 33 114 128 267 352 482 173 5 180 10402 357 5 116 28 4249171 reports, orders, leave, Palmer, Henry D., attended, resolutions, amendments, leave, Pace, George W., attended, leave, Pardoning power, Peoria, removal of seat of government to, 111 Personal property, to tax, 2 1 4 Pedlers to pay tax, 79 80 214 Persons not to be released from liability to the slate, 74 Peters, Onslow, attended, 5 resolutions, 20 amendments, 130 171 172 178 188 196303317523 Petitions, Adams, Darius, 185 Atwatcr, William, 212 Allison, Fisher, 172 Allison, Jesse, 185 Brewster, J. R., 192 Boice, John P., 365410 Belderbeck, James, 56 Bascor,, C. L., 104 Byers, William M., 129 Burns. James, 130 Boucherie, Edward, 143 Brown, L. H., 146 Brown, John, 156 Chandler, Charles, 201 Crouch, Phineas, 224 Crawford, Bryce, 71 Churchill, George, 129 Carner, Stephen, 173 Catlin, Seth, 186 Citizens of state, Dodge, Reuben D., Elliott, William, Emmerson, Sylvester, 129 Fellows, Charles A., 110 Feaman, Jacob, 136 Grimsley, H. J., 95538 Hollister, M. E., 189 Hitchcock, J. J., 224 Hanna,John C., 335 PAGE. 151 172 177 379 538 172 172 143 151 45 224 228 129 136 172 180 77 301 379 50 451 177 518 188 199 224 379 129 156 5 216 3 99 Hart, Barnabas, Howe, Stephen, Jewett, Samuel H. W., Knowlton, Jesse L., Little, A. G., Leiand, S. W., Lamberson, David B., Morgan, William, Miller, James, McMilien, Oscar F., Morrell, John, Mays, Valentine, Proctor, Daniel, Richardson R. H., Simpson, Daniel T., Shelby county, Stafford, James, Smith, John, Tuttle, Albert, Walker, Charles T., Wads worth, Daniel, Waterman, A., Wilmot, Asahel, Pinckney, D. J., attended, Pleadings to be oral, Powers, William B., attended, resolutions, amendments, 52150172 318 322 370 leave, 202 Poll tax, to authorize, 26 50 52 80 98 202 213 214 420 question to be submitted sepa- rately to the people, 51 79 2 12 420 on whom levied, 51 52212 amount, 5152212 proceeds how disposed of, 51 105212 in lieu of military debts, 88 Polls, to preserve order at, 203 Poultry, exempt from taxation, 80 Pratt, O. C., attended, 4 resolutions, 49 amendments, 4049 155 184274 283 327 338 528 sections, 391 reports, 396 Preamble to amended constitution, 395 511 President of convention to order pay rolls to be made out, 445 convention to deliver enrol- led constitution to sec- retary of state, 540 45 Printer, election of, 13 18 37 99 311 129 Printing, to receive proposals for, 8 13 42 82 56 153 amount paid for, of constitution. 5071 363 in German language, 440 Irish and French, 443 Princeton, supreme court for 3d division to be held at, 419489 INDEX. 589 Probate court, to abolish, 60 35 to create, 35 to prohibit lawyers from practising in, 356 Proctor. Daniel. See Petitions. Property in municipal corporations to be taxed same as other property, 43( Punishment of county officers for misde- meanors, 405 to abolish capital, 48 49 61 35t 462 Q. Qualification for voters, 111 196 200 201 202 203 204 K. Ratio of representation, 32 38 69 70 146 Recorder, to abolish office of county, 60 106 to be county clerk, 163 464 Registers, ineligibility of, Reports of committee on Organization of Departments, 72 6486 104 139140 141 189 195 448 Judiciary, 58 87 102 159 161 163 182 183 186 187 190 192 518 Finance, 58 396 488 509 Law Reform, 61 101 410 309 395 439 ^ 492 Executive De- partment, 61 73 102316 Legislative De- partment, 67 81 102 104 115 127 142 144 145 149 157 165 171 173 175 177 Education, 78 352 496 Revenue, 79 97 110 147 212 220 221 226411 419 422 Bill of Rights, 102 192 199 253 447 538 Miscellaneous Subjects and Questions, 102216 224 228 309 315 487 Militia, 110 143210 Incorporations, 137 139 228 Elections and Right of Suf- frage, 180 196 200 201201 Reports of committee on Counties, 187 430 Revision of Arti- cles of Con- stitution, 506j>ll 540 541 Schedule 518 Reports of special committee to prepare an address 532 on organi- '/ation of townships &c., 440 445 agriculture, 394 515 commons, 411 to divide state into districts,. 415 419 477 standing committees to have precedence, 40 committees to be referred to committee of the whole, 108 Reporters to be allowed seats within the bar, 9 Representatives, how and when elected, 38 qualification, 38 per diem pay, 38 number of, 50 81 Representative districts, 416 Resolutions, motions, and notices, 1 1 Retrenchment to be observed, 26 Revenue to be collected in gold and silver, 223 committee on, 12 35 information in relation to, 22 article 9th of constitution, 563 Revision, council of. See council. articles of constitution, com- mittee on, 35 of laws, 390 494 Reynolds, H. G., elected assistant secre- tary, 17 thanks of convention voted to, 540 leligious tests, 453 lichardson, R. H. See Petitions. Rights, declaration of, article 13 of con- stitution, 566 committee on bill of, 35 declaration of, 21 26 56 253 312 449 462460463471 ives, George R., attended, 4 Robinson, Beniah, attended, 5 Rountree, Hiram, attended, 5 resolutions, 26 88 amendments, 50 112 132 508 Robbins, Ezekiel W., attended, 5 resolutions, 14 30 68 90 185 amendments, 20 33 39 112 190 207 229 231 279313356 590 INDEX. PAGE. Robbins, Ezekiel W., petitions, 56 136 J80 301 Roman, Win. W., attended, 5 amendments, 196 200 204 214 269 Road tax, _ 5280212 Robbins, Lieut , resolution in memory of, 182 Rules for government of convention, 10 11 12 to print, 18 s. Sabbath convention, invitation to attend, 110 Salaries of public officers, 36 Schedule, 518 540 568 Schools, state superiotendant of common, 31 5998 104 110 129 137 143 151 156 172 200 352 379 451 496 497 School fund, certain taxes to be applied to, 42 college, and seminary fund, 77 78 79 98 352 502 fund, total amount of, 152 to pay interest on, 79 militia fines to be appropri- ated to, 88 lands, to tax, 97 commissioners to collect school fund, 98 funds to be invested in state bonds, 98 held in good faith for purposes ofeducation, 98 proceeds of certain taxes to be applied to, 42 districts, to divide state into, 104 seminaries to be estab- lished in, 104 director to be appointed in each district, 105 no preacher of the gospel to be appointed, 105 assistant, to be chosen, 105 salary of, 105 directors, meetings of, 105 pay and mileage of, 105 teachers, examination of, 105 legislature to provide system of common, 352 Scates, Walter J3., attended, 4 resolutions, 6 22 25 28 29 69 87 98 135 362 363 'amendments, 19 47 67 68 85 100 111 127 133 134 135 151 153 156 164 172 196 204 213215222223 228 267 2h 2 296 299 301 302 312 322332343376 397 504 530 sections, orders, 572 reports, 58 159 161 518 Seat within the bar to bt allowed offi- cers stated, 12 PAGE. Seat of government, location of, 46 Secretary of state, to be allowed seat within the bar, 12 to give information in regard to school fund, 20 election of, 27 86 326 327 salary of, 27 36 86 327 to procure books and recording of journal, 30 printing and binding ofjournal, 30 communication from, 34 power of governor to appoint, 36 how elected, 3781 327 qualifications, 37 81 per diem allowance, 37 governor to nominate, 64 duties of, 64 to let binding to low- est bidder, 73 ineligibility of, 82 term of office, 86 to distribute constitu- tion to members, 574 Secretary to elect assistant to conven- tion, 13 17 additional, 64 pay of, 73 duties of, 73 of convention to distribute jour- nal to members, 538 Senatorial districts, to divide state inio, 69 districts, 415 Senators, number of, 81 classification, 81 415 ineligibility of, 82 Serjeant-at-arms, election of, assistant, 13 17 to remove carpet from hall, 197 to replace carpet, 200 Servant, Richard B., attended, 5 resolutions, 97 186 amendments, 85 114 128 176 185 188 277 337 388 472 reports, 192 petitions, 71136146 Sharpe, Thomas C., attended, 4 resolutions, 31 97 amendments. 112 150 leave, 51 163 Scrip, amount of internal improvement, 152 Sherman, Francis C., attended, 4 resolutions, 69 197 amendments, 68 69 215 226 230 363 reports, 58 leave, 393 INDEX. 591 PAGE. 19 44 58 82 9S 406 98140 164406 164 4 30 191 516 79 Sheriffs, defining duties of, ineligibility of, election of, terms of office of, Shields, William, attended, resolutions, amendments, Showmen to pay tux, Shmnway, D. D., attended. 4 resolutions, 36 40 46 47 122 amendments, 30 40 47 87 109 113 133 157 190 193 194 196 270473 Sibley, John, attended, 5 amendments, 128 179 Simpson, Lewis J., attended, Singleton. James W., attended, 3 resolutions, 95 100 124 amendments, 69 102 106 111 112113 117 131 175 176 177275 313 334 338 351 361 403 5 149 271 460 335 79 r illiam, attended, amendments, petitions, Sinking fund, to create, Smi petition against, th, Jacob, attended, Simpson, Daniel T., See Petitions. Signatures to constitution, 574 575 Slavery to be prohibited, 46 77 463 379 4 amendments, 154 356 Smith, Edward O., attended, 5 resolutions, 46 amendments, 51 176 214 304 307 317 359 Smith, John. See Petitions. Smithsonian Institute, to provide for pay- ment of debt to, 502 Smoking prohibited while in session, 14 Specialorders, 11 Special pleadings, to abolish, 356 Spencer, John VV., attended, 5 resolutions, 90 petitions, 104 151 Stadden, William, attended, 4 amendments, 213 petitions, 189 Springfield, supreme court, third division to be held at, 419 State debt, committee on, 35 poll tax to be appropriated to paying, 51 amount of, 151 to provide for payment of, 194 363 State and County Organization, commit- tee on, 35 prohibited from borrowing from banks, 315 geological survey of, 394 to prescribe manner of bringing suit against, 134 PAGE. State boundaries and jurisdiction, 395 Stationery to be furnished by lowest bidder, 83 Stafford, Jarfles. See Petitions. Stock in trade, to tax, 214 Suffrage, committee on right of, 12 3."> right of, 37 477683 180196467561 Suspension of specie payments prohib- ited, 75 102 103 138 198 230 233 Superintendent of common schools, sal- ary of, 129137353496 duties of, 394 to be superintendant of ag- riculture, 394 appointed by governor and and senate, 497 Supreme court, governor to fill vacancies in, 160 Surveyor, to elect county, 140 term of office, 164 Swan, Hurlbut, attended, 4 amendments, 457 T- Taxation, 28 37 41 58 7480 145 15621421(5 218 219 221 222 226 309 472 488 496 minimum value of land for, 80 221 426 maximum, rate of, 88 97 Tax, poll, to authorize. 26 38 52 212 213 214 420 road, on money, 80 214 auctioneers, 79 80 214 pedlers, 7980214 brokers, 79 80 214 groceries, 79 80 214 merchants, 79 80 214 doctors, 215 lawyers, 215 clerks of circuit and county com- /nissioneis' courts, 215 toll bridges, 215 spirituous liquors, 229 land to be, by appraised value, 429 mill, 489 498 510 512 question to be submitted sepa- rately to the people, 489 510 516 power to assess, 80 poultry, exempt from, 80 222 cemeteries to pay, 80 222 titles, 142 158 222 827 312 425 payers, may pay pro rata on whole amount of debt, 195 488 for corporate purposes, 226 question of poll, to be submitted separately to the people, 420 public lands 87 130 persons not exempt from paying, 74222 church property to be exempt from, 79 222 226 to regulate sale of land for, 227 592 INDEX. Thornton, Anthony, attended, 5 resolutions, 49 98 amendments, 93 133 143 151 172 269 322 3S9 391 453 523 petitions, 45 Thomas, William, attended, 5 resolutions, 30 51 108 146 amendments, 127 131 133 145 150153 165 174 184 209 214222263269278 280 303 304 332 389 390 39* 490 523 531 reports, 79 110 511 540541 Thompson, William W., attended, 5 amendments, 213 petitions, 224 Townships, committee on, 20 173 to organize, 129 378 to appoint supervisors of, 173 Township officers, to elect, 140 173 organization, counties may adopt, 446 Treasurer, to elect county, 140 141 of state, to elect, 27 37 86 salary of, 27 37 86 term of office, Tribunals of conciliation, to establish, 36 58 Trial by jury, 217 253 259 Trower, William, attended, 4 leave, 202 Turnbull, Gilbert, attended, 4 amendments, 153 171 222 430 472 reports, 140 Turner, Oaks, attended, 5 resolutions, amendments, petitions, 177 Tutt, William, attended, 4 leave, 111 Tuttle, James, attended, amendments, 438 Albert. See Petitions. u. Unfinished business, Unorganized counties. United States Bank, 11 106436 60 100 473 v. Vance, John W., attended, 5 amendments, 128 214 279 327 425 Vacancies in judiciary, how filled, Vernor, Zenos H., attended, resolutions, leave, PAGE. Veto power, 47 p 4 Volunteers, resolution in relation to the 168 Voting to be by ballot, jgg W. Wadsworth, Daniel. See Petitions. Walker, Charles T. See Petitions. Waterman, A. See Petitions. Wead, Hezekiah M., attended, 4 resolutions, 103287 111 amendments, 44 128 130 134 164 184 189 191 215 406 409 425 445 reports, 161 173410 petitions, 137 185 365 leave, 250 Wearing apparel exempt from taxation, 79 80 Webber, Thompson R., attended, 4 West, Edward M., attended, 5 resolutions, 41 73 280 amendments, 203 215 222 354 367 401 407 463 Whiteside, John D., attended, 5 amendments, 133 175 201 269 304 308 310 390 438 460 464 reports, no Whitney, Daniel H., attended, 3 amendments, 76 459 Wiggins' loan, amount of, ]52 Wilmot, Asahel. See Petitions. Williams, Archibald, attended, 3 resolutions, 106 amendments, 132 143 144 154 229 235 289 302 312 425 436 463 orders, 486 Wilson, John A., doorkeeper pro tern., 3 elected sergeanf-at-arms. 8 Witt, Franklin, attended, 4 amendments, 184 306 365 379 478 leave, no Women, protection of, in their property, 79 315 Woodson, D. M., attended, 4 resolutions, 19 21 32 40 43 173 576 amendments, 89 174 176212 253 397 419 421 483 525 leave, 285 Worcester, L. E., attended, 4 resolutions, 31 amendments, 39 67 z. Zabriskie, Capt., resolutions in honor of, 148 UNIVERSITY //TV \ s YC 36161 y RETURN TO the circulation desk of any University of California Library or to the NORTHERN REGIONAL LIBRARY FACILITY Bldg. 400, Richmond Field Station University of California Richmond, CA 94804-4698 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 2-month loans may be renewed by calling (510)642-6753 1-year loans may be recharged by bringing books to NRLF Renewals and recharges may be made 4 days prior to due date DUE AS STAMPED BELOW M r 2003 JAN - 2005 JAN - 2 DD20 15M 4-02 M GENERAL LIBRARY UNIVERSITY OF CALIFORNIA BERKELEY RETURN TO DESK FROM WHICH BORROWED This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. RETU1 2 1 1957 o DOC. APROt LD 21-100m-l,'54(1887sl6)476 >> m R