The convention proceeded by ballot to elect a president; and upon examining the ballots, it was found that Jonathan Jennings was duly elected, who accordingly took his seat in the chair.
The convention proceeded by ballot to elect a secretary; and upon examining the ballots, it appeared that William Hendricks was duly elected, who was accordingly sworn into office.
On motion,
Ordered, That Henry Batman be appointed door-keeper, and that he give his attendance accordingly.
The president laid before the convention certain documents from the secretary of the Indiana territory, relative to the election of representatives to the convention from the several counties within the same, which do lie on the table.
On motion of Mr. Noble,
Ordered, That a committee of elections, to consist of five members be appointed.
The president laid before the convention the depositions of John L. Baker, and others, relative to the legality or otherwise of votes given in the Harmony society, in the county of Gibson.
On motion of Mr. Floyd,
Ordered, That a committee of ways and means, to consist of three members, be appointed.
On motion of Mr. Dill,
Ordered, That a committee be appointed, to consist of five members, to prepare rules and regulations for the government of this convention during the session thereof.
On motion of Mr. Ferris,
Ordered, That the rules and regulations for doing and conducting business in the territorial legislature, as far as the same may be applicable, be observed by this convention until the committee appointed for that purpose shall have reported suitable rules and regulations for the government of this convention, in transacting business during the session thereof.
The president then proceeded to the appointment of a committee of elections--a committee of ways and means--and a committee to furnish and prepare rules and regulations for conducting business during the session of this convention.
And thereupon the following members were appointed, to wit:
Committee of Elections--Messrs. Noble, Johnson, Smith, Hanna, and Holman.
Committee of Ways and Means--Messrs. Floyd, De Pauw, and Carr.
Committee to furnish rules and regulations for the government of the convention in transacting business during the session--Messrs. Dill, Scott, Badollet, Polke, of Knox county, and Hunt.
On motion,
Ordered, That the convention adjourn till three o'clock this afternoon.
Three o'clock P. M.
Convention met pursuant to adjournment.
John Boone, a member from Harrison county, appeared, produced his credentials, was sworn, and took his seat.
On motion of Mr. Johnson,
Ordered, That the credentials and certificates of all the members present and sworn, be referred to the committee of elections.
On motion of Mr. Robb,
Ordered, That the depositions of John L. Baker, and others, relative to the legality or otherwise, of votes given in the Harmony society, be referred to the committee of elections.
The president laid before the convention the petition and other documents of Peter Wilkinson, from the county of Posey, relative to his right to a seat in this convention.
And on motion of Mr. Ferris,
Ordered, That the same be referred to the committee of elections.
On motion of Mr. Robb,
Ordered, That the depositions of certain persons relative to the election of Dan Lynn, from the county of Posey, be referred to the committee of elections.
On motion of Mr. Ferris,
The following resolution was submitted to the convention for their consideration:
"Whereas by an act of Congress, approved the 19th of April, 1816, to enable the people of the Indiana territory to form a constitution and state government, and for the admission of the same into the Union on the same footing with the original states, it is provided, that the convention, when met, shall first determine, by a majority of the votes of all the members elected, whether it be or be not expedient, at that time, to form a constitution and state government."
Resolved, therefore, by the representatives of the people of Indiana, met in convention at Corydon, on the 10th day of June, A. D. 1816, that it is expedient, at this time, to proceed to form a constitution and state government.
On motion of Mr. Johnson,
Ordered, That the further consideration of the said resolution be postponed till to-morrow
On motion,
Ordered, That the convention adjourn till to-morrow morning nine o'clock.
TUESDAY MORNING, JUNE 11th, 1816.
Convention met pursuant to adjournment.
Mr. Dill, from the committee appointed for that purpose, reported the following rules for the regulation and government of the convention during the session thereof, to wit:
I. The president shall take the chair every day at the hour to which the convention shall have adjourned on the preceding day; shall immediately call the members to order, and on the appearance of a quorum shall cause the journals of the preceding day to be read.
II. The president shall preserve decorum and order; may speak to points of order in preference to other members, rising from the chair for that purpose, and shall decide questions of order, subject to an appeal to the convention by any one member.
III. The president, rising from his seat, shall distinctly put the question in this form, viz. You who are of opinion that (as the case may be) say aye--contrary opinion, say no.
IV. If the president doubt, or a division be called for, the members shall divide: Those in the affirmative first rising from their seats, and afterwards those in the negative.
V. Any member may call for the statement of the question, which the president may give sitting.
VI. The president, with five members, shall be a sufficient number to adjourn; seven to call a house and send for absent members, and make an order for their censure or acquittal; and a majority of the whole number be a quorum to proceed to business.
VII. When a member is about to speak in debate, or deliver any matter to the convention, he shall rise from his seat and respectfully address himself to Mr. President.
VIII. If any member, in speaking, or otherwise, transgress the rules, the President shall, or any member may, call to order, in which case, the member so called to order, shall immediately sit down, unless permitted to explain; and the convention shall, if applied to, decide on the case, but without debate. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censure of the convention.
IX. When two or more happen to rise at the same time, the president shall name the person who is first to speak.
X. No member shall speak more than twice to the same question, without leave of the convention.
XI. Whilst the president is putting a question, or addressing the convention, none shall walk across the room; nor when a member is speaking enter on private discourse, or pass between him and the chair.
XII. No member shall vote on any question who was not present when the question was put.
XIII. Upon calls of the convention for taking the yeas and nays on any question, the names of the members shall be called alphabetically, and each member shall answer from his seat.
XIV. Any member shall have a right to call for the yeas and nays, provided he shall request it before the question is put.
XV. When a motion is made and recorded, it shall be stated by the president, or being in writing, shall be read aloud by the secretary, and every motion shall be reduced to writing if the president or any member request it.
XVI. Any member may call for a division of the question where the sense will admit of it.
XVII. Each member shall particularly forbear personal reflections, nor shall any member name another in argument or debate.
XVIII. After a motion is stated by the president, or read by the secretary, it shall be deemed in possession of the convention, but may be withdrawn at any time before the decision or amendment.
XIX. When a question is under debate, no motion shall be received unless it be the previous question, or for amending or committing the original motion or subject in debate.
XX. The previous question shall be in this form-- "Shall the main question be now put?" It shall only be admitted when demanded by three members and until it is decided, shall preclude all amendment and further debate.
XXI. In taking the sense of the convention, a majority of the votes of the members present shall govern.
XXII. No resolution, section or article, in the constitution, shall be finally concluded and agreed upon until the same shall have been read on three several days, unless a majority of two-thirds may think it necessary to dispense with this rule, which vote shall be decided without debate.
XXIII. The convention shall resolve itself into a committee of the whole when deemed necessary, and when in committee of the whole shall be governed by the foregoing rules, except that in committee of the whole any member may speak as often as he may think proper.
XXIV. The president shall appoint committees liable to addition or amendment on the motion of any member, unless otherwise directed by the convention.
XXV. A motion to adjourn shall always be in order, and be decided without debate.
XXVI. On all questions when the yeas and nays are demanded, the president shall vote.
XXVII. The president may at any time leave the chair, and nominate some member to take the chair, who shall preside during the absence of the president.
On motion of Mr. Pennington, the convention resolved itself into a committee of the whole on the said report, Mr. Johnson in the chair, and after some time spent therein, Mr. President resumed the chair, and Mr. Johnson reported, "that the committee had, according to order, had the said report under consideration, had made some amendments to the same, which he handed in at the secretary's table, where they were again read, and concurred in by the convention. On the question of concurrence to the first amendment, which was the striking out of the sixth article of said rules, the following words, to wit: "consisting of two-thirds of the whole number elected." The yeas and nays being demanded by Mr. Pennington, those who voted in the affirmative, are,
Messrs. Baird, Benefiel, Brownlee, Cox, Cull, Cotton, Carr, Devin, Eads, Ferris, Floyd, Grass, Holman, Hanna, Lowe, Lynn, Lemon, McCarty, Manwaring, Milroy, McIntire, Noble, Polke, (of Perry county,) Robb, and Jennings, president--25.
Those who voted in the negative, are,
Messrs. Badollet, Boone, De Pauw, Dill, Graham, (of Washington,) Graham, (of Clark,) Hunt, Johnson, Lane, Maxwell, Pennington, Polke, (of Knox,) Knapp, Smock, Shields, Scott, and Smith--17.
Mr. Noble, from the committee of elections, made the following report, to wit:
"The committee to whom was referred the certificates of elections of the following members of the convention, to wit: From the county of Wayne, Jeremiah Cox, Patrick Baird, Joseph Holman, and Hugh Cull--from the county of Franklin, William H. Eads, James Brownlee, Enoch McCarty, Robert Hanna, jun. and James Noble--from the county of Dearborn, James Dill, Solomon Manwaring, and Ezra Ferris--from the county of Switzerland, William Cotton--from the county of Jefferson, David H. Maxwell, Samuel Smock, and Nathaniel Hunt--from the county of Clark, Jonathan Jennings, James Scott, Thomas Carr, John K. Graham, and James Lemon--from the county of Harrison, Dennis Pennington, Davis Floyd, Daniel C. Lane, John Boone, and Patrick Shields--from the county of Washington, John De Pauw, Samuel Milroy, Robert McIntire, William Lowe, and William Graham--from the county of Knox, John Johnson, John Badollet, William Polke, and John Benefiel--from the county of Gibson, David Robb, James Smith, Alexander Devin, and Frederick Rapp--from the county of Warrick, Daniel Grass--from the county of Perry, Charles Polke; having carefully examined the aforesaid certificates, report--that the members aforesaid are duly elected, and entitled to a seat in this convention. And, on motion, the convention concurred in the said report.
On motion of Mr. Scott,
Ordered, That one hundred copies of the "standing rules and orders of the convention be printed, and that the secretary be directed to furnish the editor of the Louisville Correspondent with a copy of the same for that purpose.
Mr. Noble, from the committee of elections, made the following report, to wit:--
The committee to whom was referred the papers and documents relative to the contested election of the member returned to serve in this convention from the county of Posey, are of opinion, that Dann Lynn is legally elected, and entitled to his seat.
Your committee further report, that the papers and depositions relative to the contested election of a member from Gibson county, do not shew from the face of them whose election is contested, or whose seat is prayed to be vacated. And on motion, the said report was concurred in by the convention.
On motion,
Ordered, That the convention adjourn to three o'clock P. M.
Three o'clock P. M.
Convention met pursuant to adjournment.
On motion of Mr. Floyd.
The convention proceeded to consider the resolution relative to the expediency or inexpediency of forming at this time a constitution and state government--And,
On motion of Mr. Noble,
The convention resolved itself into a committee of the whole on said resolution. Mr. Dill in the chair, and after some time spent therein, Mr. President resumed the chair, and Mr. Dill reported, that the committee had, according to order, had the said resolution under consideration, had made no amendments to the same, requested the concurrence of the convention in the proceedings of the committee, and that the said resolution may be adopted--And thereupon,
On motion, the said resolution was adopted by the convention.
The yeas and nays being demanded by Messrs. Floyd and Ferris--Those who voted in the affirmative, are,
Messrs. Baird, Badollet, Benefiel, Brownlee, Cox, Cull, Cotton, Carr, De Pauw, Dill, Devin, Eads, Ferris, Floyd, Graham, of Washington, Graham, of Clark, Grass, Holman, Hanna, Lane, Lowe, Lynn, Lemon, McCarty, Manwaring, Milroy, McIntire, Noble, Pennington, Polke, of Perry, Smith, Shields, Scott, Jennings, president--34.
Those who voted in the negative, are,
Messrs. Boone, Hunt, Johnson, Maxwell, Polke of Knox, Robb, Rapp, and Smock--8. And,
On motion,
The convention adjourned till to-morrow morning nine o'clock.
WEDNESDAY MORNING, Nine o'clock, June 12, 1816.
Convention met pursuant to adjournment.
Mr. Johnson submitted for the consideration of the convention the following resolutions, to wit:--
1. Resolved, That a committee be appointed to prepare and report to this convention a bill of rights and preamble to the constitution.
2. Resolved, That a committee be appointed to prepare and report an article for the constitution relative to the distribution of the powers of government.
3. Resolved, That a committee be appointed to prepare and report an article for the constitution concerning the legislative department of government.
4. Resolved, That a committee be appointed to prepare and report an article for the constitution concerning the executive department of government.
5. Resolved, That a committee be appointed to prepare and report an article for the constitution on the judicial department of government.
6. Resolved, That a committee be appointed to prepare and report an article for the constitution concerning impeachments.
7. Resolved, That a committee be appointed to prepare and report an article containing general provisions for the constitution, and which will not come within the provisions of the foregoing resolutions.
8. Resolved, That a committee be appointed to prepare and report an article concerning the mode of revising the constitution.
9. Resolved, That a committee be appointed to prepare and report an article on the subject of the change of government, and preserving the existing laws until repealed by the state legislature, and providing for appeals from the territorial courts to the state courts.
10. Resolved, That a committee be appointed to draft an article concerning education, and the universal dissemination of useful knowledge, and other subjects which it may be proper to enjoin or recommend to the legislature to provide for.
11. Resolved, That a committee be appointed to prepare and report an article concerning the militia.
12. Resolved, That a committee be appointed to prepare and report an article concerning the elective franchise and elections.
Which resolutions were adopted by the convention.
On motion of Mr. Ferris,
Ordered, That a committee be appointed to contract for any printing this convention may deem necessary to be done, and that they report accordingly. And--
On motion of Mr. Johnson,
The convention came to the following resolution, to wit:
Resolved, That it is expedient to employ at least two assistant secretaries, and that it shall be the duty of the secretaries to make out a copy for each member, of each article of the constitution, so soon as the several committees shall have reported the same to this convention; and that the convention now proceed to the election of the said additional secretaries. Resolved, That the said additional secretaries be instructed to write the said copies in open lines, leaving between each line room for an additional line or amendments, and that each line be numbered.
And thereupon,
Messrs. Pennington, Lemon, and Milroy, having been appointed tellers, the convention proceeded by ballot to elect the said additional secretaries, when upon examination, it appeared that Robert A. New, and James M. Tunstall, were duly elected; the former of whom appeared and was sworn into office.
On motion of Mr. Dill,
The convention came to the following resolution, to wit:
Resolved, That this convention do now adjourn till 3 o'clock this afternoon, in order that the president may have sufficient time to deliberate on a proper selection of the different committees.
Convention adjourned accordingly.
Three o'clock P. M.
Convention met pursuant to adjournment.
The president proceeded to the appointment of the following committees agreeably to the resolutions submitted this morning by Mr. Johnson, to wit:
1st. Committee to prepare a bill of rights and preamble to the constitution--Messrs. Badollet, Manwaring, Graham, of Clark, Lane Smith, and Pennington.
2d. Committee relative to the distribution of the powers of government--Messrs. Johnson, Polke, of Perry, Floyd, Maxwell, McCarty.
3d. Committee relative to the legislative department of government--Messrs. Noble, Ferris, Milroy, Benefiel, Grass.
4th. Committee relative to the executive department of government--Messrs. Graham, of Clark, Polke, of Knox, Rapp, Shields, Smock, Smith, Ferris, Brownlee.
5th. Committee relative to the judicial department of government--Messrs. Scott, Johnson, Dill, Milroy, Noble, Cotton, Lowe.
6th. Committee relative to impeachments--Messrs. Dill, Cox, Hunt, Eads, Carr.
7th. Committee relative to general provisions for the constitution, and which will not come within the provisions of the foregoing resolutions--Messrs. Maxwell, De Pauw, Robb, Scott, Baird.
8th. Committee relative to the mode of revising the constitution--Messrs. Hanna, Pennington, Devin, Johnson, Graham, of Washington.
9th. Committee relative to the change of government, and preserving the existing laws until repealed by the state legislature, and providing for appeals from the territorial courts to the state courts--Messrs. Floyd, Lemon, Holman, McIntire, Manwaring, Benefield.
10th. Committee relative to education, and the universal dissemination of useful knowledge, and other objects which it may be proper to enjoin or recommend to the legislature to provide for--Messrs. Scott, Badollet, Polke, of Knox, Lynn, Boone.
11th. Committee relative to the militia--Messrs. Dill, Hanna, Carr, Cotton, Robb, Holman, Cox, De Pauw, Noble, Rapp, Benefiel.
12th. Committee relative to elective franchise and elections--Messrs. Ferris, Lemon, Grass, Polke, of Perry, Cull, Smith, De Pauw.
On motion,
The convention adjourned till to-morrow morning nine o'clock.
THURSDAY MORNING, Nine o'clock, June 13, 1816.
Mr. Carr submitted for the consideration of the convention the following resolution, to wit:
"Resolved, That a committee be appointed to prepare and report an article or section for the constitution relative to prisons--which was adopted by the convention.
Mr. Johnson, from the committee relative to the distribution of the powers of government, reported as follows, to wit:
ARTICLE.
Sec. 1st. That the powers of the state shall be divided into and forever remain and consist of three distinct and separate departments in manner following: Those relative or appertaining to the legislative, in one separate and distinct branch or magistracy. Those of the executive, in one separate and distinct branch or magistracy; and those of the judiciary in one distinct branch or magistracy--and,
Sec. 2d. That no person or persons duly elected and qualified to serve in one branch of the government, shall, during his continuance in office, be eligible to or have any concern in the duties of either of the other two branches of the government, except in the instances herein after expressly permitted or enjoined.
And on motion,
The same was referred to a committee of the whole convention, and made the order of the day for to-morrow.
Mr. Johnson, from the committee relative to the mode of revising the constitution, made the following report, to wit:
Every ____ year, at the general election held for governor, there shall be a poll opened in which the electors of the state shall express by vote whether they are in favor of calling a convention or not; and if there should be a majority of votes in favor of a convention, the governor shall inform the next legislature thereof, whose duty it shall be to provide by law for the election of the members to the convention, the number thereof, and the time and place of their meeting: Which law shall not be passed, unless agreed to by two-thirds of both branches of the legislature.
And on motion,
The same was ordered to lie on the table.
Mr. Ferris, from the committee relative to the elective franchise and elections, made the following report, to wit:
ARTICLE.
Sec. 1st. In all elections every white male person of the age of twenty-one years and upwards, who has resided in the state the last six months previous to such election, shall be entitled to vote in the county or district where he resides.
Sec. 2d. All votes shall be given viva voce.
Sec. 3d. Electors shall in all cases, except treason, felony, or breach of the peace, be free from arrest in going to, during their attendance at, and in returning home from the election.
Sec. 4th. The legislature shall have full power to exclude from electing or being elected any person convicted of any infamous crime.
Sec. 5th. nothing in this article shall be so construed as to prevent persons who were actual settlers at the time of adopting this constitution, or persons who have been absent from home on a visit or necessary business, from the privilege of electors.
On motion,
The same was referred to a committee of the whole, and made the order of the day for to-morrow.
Mr. Noble, from the committee relative to the legislative department of government, made the following report, to wit:
ARTICLE.
Sec. 1. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people.
Sec. 2. Within ____ years after the first meeting of the general assembly, and within every subsequent term of [blank] years, an enumeration of all the white male inhabitants above twenty-one years of age, shall be made in such manner as shall be directed by law. The number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the several counties according to the number of white male inhabitants above twenty-one years of age in each, and shall never be less than ________________ nor greater than ________________ until the number of white male inhabitants, above _______________ twenty-one years of age shall be _______________ thousand; after that event, at such ratio that the whole number of representatives shall never be less than _____________ nor exceed _____________
Sec. 3. The representatives shall be chosen annually by the citizens of each county respectively, on the first Monday of August.
Sec. 4. No person shall be a representative who shall not have attained the age of thirty years, and be a citizen of the United States, and an inhabitant of this state; shall also have resided within the limits of the county in which he shall be chosen two years next preceding his election, unless he shall have been absent on the public business of the United States, or of this state, and shall have paid a state or county tax.
Sec. 5. The senators shall be chosen biennially on the first Monday in August, by qualified voters for representatives; and on their being convened in consequence of the first election, they shall be divided by lot from their respective counties or districts, as near as can be, into two classes; the seat of the senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year, so that one half thereof, as near as possible, may be annually chosen for ever thereafter.
Sec. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature and apportioned among the several counties or districts to be established by law, according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than ____________ nor more than __________________________ of the number of representatives.
Sec. 7. No person shall be a senator who has not arrived at the age of thirty years, and is a citizen of the United States, shall have resided two years in the county or district immediately preceding the election, unless he shall have been absent on the public business of the United States, or of this state, and shall moreover have paid a state or county tax.
Sec. 8. The house of representatives, when assembled, shall choose a speaker, and the senate, when assembled, shall choose a president, and shall each choose its other officers, be judges of the qualifications and elections of its members, and sit upon its own adjournments. _____________________ of each house shall constitute a quorum to do business, 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 desire of any one of them, be entered on the journals.
Sec. 10. Any one member of either house shall have liberty to dissent from, and protest against, any act or resolution which he may think injurious to the public or any individual or individuals, and have the reason of his dissent entered on the journals.
Sec. 11. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent state.
Sec. 12. When vacancies happen in either house, the governor, or the person exercising the powers of governor, shall issue writs of election to fill such vacancies.
Sec. 13. Senators and representatives shall, in all cases, except treason, 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 be questioned in any other place.
Sec. 14. Each house may punish, by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to the house by any disorderly or contemptuous behaviour in their presence; provided such imprisonment shall not at any one time exceed _______________
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 secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to an other place than that in which the two houses shall be sitting.
Sec. 16. Bills may originate in either house, but may be altered, amended or rejected by the other.
Sec. 17. Every bill shall be read on three different days in each house; unless in cases of urgency, two-thirds of the house, when 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 president and speaker of their respective houses.
Sec. 18. The style of the laws of this state shall be-- "Be it enacted by the general assembly of the ________________
Sec. 19. No senator or representative shall, during the time for which he shall have been elected, be appointed 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. 20. No money shall be drawn from the treasury but in consequence of appropriations made by law.
Sec. 21. An accurate statement of the receipts and expenditures of the public money shall be attached to, and published with, the laws of every session of the general assembly.
Sec. 22. The house of representatives shall have the sole power of impeaching; but a majority of all the members 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 a majority of all the senators.
Sec. 23. The governor, and all civil officers of the state, shall be removed from office on impeachment for and conviction of treason, bribery, and other high crimes and misdemeanors; but judgment in such cases shall not extend further than removal from office, and disqualification 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. 24. The first session of the general assembly shall commence on the ________________ day of _________________ next, and forever after, the general assembly shall meet on the first Monday in December in every year, and at no other period unless directed by law.
Sec. 25. The following persons or officers shall not be eligible as a candidate for or have a seat in the general assembly, to wit: _______________________________________
Sec. 26. No person shall be appointed to any office within any county who shall not have been a citizen and an inhabitant thereof two years next before his appointment, if the county shall have been so long erected; but if the county shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken:
Sec. 27. No person who heretofore hath been, or hereafter may be, a collector or holder of public money, shall have a seat in either house of the general assembly, until such person shall have accounted for and paid into the treasury all sums for which he may be accountable or liable.
Sec. 28. The legislature of this state shall not allow the following officers of government a greater annual salary than as follows: _______________________________________
And on motion,
The said report was referred to a committee of the whole, and made the order of the day for Saturday next.
The president laid before the convention a memorial from sundry inhabitants of Wayne county, praying that constitutional provisions may be made effectually to prohibit the introduction of slavery and involuntary servitude into the state about to be formed; also, that the society of friends, commonly called quakers, may in times of peace be exempted from bearing arms.
And on motion of Mr. Robb,
Ordered, That so much of said memorial as relates to said society of friends, be referred to the committee on military affairs; and that so much of said memorial as relates to the subject of slavery, be referred to the committee relative to general provisions.
On motion of Mr. Scott,
Ordered, That the committee relative to the subject of impeachments be discharged from any further attention to their duty in that particular.
And then the convention adjourned till three o'clock this afternoon.
Three o'clock P.M.
Convention met pursuant to adjournment.
The president then proceeded to the appointment of the following committees, to wit:
Committee on the subject of printing--Messrs. Ferris, Lemon, Floyd.
Committee on the subject of prisons--Messrs. Carr, Pennington, Milroy, Grass, Hunt, Graham, of Washington, McCarty.
On motion of Mr. Robb,
Ordered, That the article relative to the revision of the constitution be referred to a committee of the whole, and made the order of the day for Monday next.
And on motion,
The convention adjourned till to-morrow morning nine o'clock.
FRIDAY MORNING, JUNE 14, 1816.
Convention met pursuant to adjournment.
Benjamin Parke, a member returned to serve in this convention from the county of Knox, now appeared, and having produced his credentials, was sworn as the form is, and took his seat.
On motion of Mr. Pennington,
Ordered, That the certificate of election of Benjamin Parke, from the county of Knox, be referred to the committee of elections.
Mr. Dill, from the committee relative to the militia, reported as follows, to wit:
Article _______ relative to the militia.
Sec. 1. The militia of the state of ______________ , shall consist of all free able-bodied white male citizens, resident in the said state, between the ages of eighteen and forty-five years, except such persons as now are, or hereafter may be, exempted by the laws of the United States, and shall be armed, equipped, and trained, as the legislature may from time to time provide by law.
Sec. 2. No person or persons, conscientiously scrupulous of bearing arms, shall be compelled to do militia duty, provided such person or persons will pay an equivalent for such exemption, which equivalent shall be hereafter fixed by law, and shall be equal as near as may be to the lowest fines assessed on those privates in the militia who may neglect or refuse to perform militia duty, and shall hereafter be fixed by law.
Sec. 3. Captains and subalterns shall be elected by those citizens in their respective company districts who are subject to perform militia duty, and the captain of each company shall appoint the non-commissioned officers to said company.
Sec. 4. Majors shall be elected by those citizens within the bounds of their respective battalion districts subject to perform militia duty; and colonels shall be elected by those citizens within the bounds of their respective regimental districts subject to perform militia duty.
Sec. 5. Brigadier-generals shall be elected by the commissioned officers within the bounds of their respective brigades; and major-generals shall be elected by the commissioned officers within the bounds of their respective divisions.
Sec. 6. Troops and squadrons of cavalry, and companies of artillery, may be formed in the said state in such manner as shall hereafter be prescribed by law: provided however, that every troop or squadron cavalry or company of artillery, which may hereafter be formed within the said state, shall elect their own officers.
Sec. 7. The governor shall appoint the adjutant-general and quarter-master-generals, as also his aids-de-camp.
Sec. 8. Major-generals shall appoint their aids-de-camp, and all other division staff officers; brigadier-generals shall appoint their brigade-majors; and all other brigade staff officers, and colonels, shall appoint their regimental staff officers.
Sec. 9. All militia officers shall be commissioned by the governor, and shall hold their commissions during good behaviour, or until they shall arrive at the age of sixty years.
Sec. 10. The legislature shall, by law, fix the method of dividing the militia of the said state into divisions, brigades, regiments, battalions, and companies, and shall also fix the rank of all staff officers, adhering in these particulars, as near as may be, to the organization of the army of the United States.
And on motion,
The same was referred to a committee of the whole, and made the order of the day for Monday next.
On motion of Mr. Dill,
The convention resolved itself into a committee of the whole on the article relative to the distribution of the powers of government, Mr. Scott in the chair; and after some time spent therein, Mr. President resumed the chair, and Mr. Scott reported, that the committee had, according to order, had the said article under consideration, had made several amendments to the same, which he handed in at the secretary's table, where they were again read, and concurred in by the conventions.
And on motion,
Ordered, That the same be read a second time to-morrow.
On motion,
Ordered, That Messrs. Parke and Hunt be added to the committee relative to the judiciary.
On motion of Mr. Dill,
The convention came to the following resolution, to wit:
Resolved, That the assistant secretaries do furnish, as early as practicable, to the door-keeper, the necessary copies of each article of the constitution, to be by him distributed to the different members of the convention.
On motion,
Ordered, That the convention adjourn till two o'clock this afternoon.
Two o'clock P. M.
Convention met pursuant to adjournment.
On motion of Mr. Hunt,
Ordered, That the committee on the subject of prisons be discharged from the further consideration of the same.
On the motion of Mr. Noble,
The convention resolved itself into a committee of the whole on the article relative to the elective franchise and elections, Mr. Noble in the chair, and after some time spent therein, mr. President resumed the chair, and Mr. Noble reported, that the committee had, according to order, had the said article under consideration, had made various amendments to the same, which he handed in at the secretary's table, where they were again read and concurred in by the convention.
The amendments in committee of the whole were as follows, to wit: In the first line of the first section of said article, the following words were added, "not otherwise provided for by this constitution." Same line and section, the following words, "citizen of the United States." In the third line of the first section, after the word state, by erasing the words "the last six months previous," and inserting the following words, to wit: "one year immediately preceding," and at the close of said section, the following words, "except such as shall be enlisted in the army of the United States, or their allies." In the second section, and first line, the said article was amended by striking out after the word "be," the words "viva voce," and inserting in lieu thereof the words, "given by ballot." In the second line of the fifth section, the same was amended by inserting at the beginning of said line, the following words, "citizens of the United States." In the same line, after the word actual, the word "residents." In the third line of said section, by inserting after the word citizen, these words, "who by the existing laws of this territory are entitled to vote." On motion of Mr. Floyd, the said article was proposed further to be amended by striking out the second section of the same: And on the question relative to this motion, the yeas and nays being demanded by Mr. Scott--those who voted in the affirmative, are,
Messrs. Boone, De Pauw, Dill, Devin, Floyd, Graham, of Washington, Lane, Lemon, Maxwell, Milroy, McIntire, Pennington, Polke, of Perry, Smock, Scott, Shields, Smith--17.
Those who voted in the negative, are,
Messrs. Baird, Benefiel, Brownlee, Badollet, Cox, Cull, Cotton, Carr, Eads, Ferris, Graham, of Clark, Grass, Hunt, Holman, Hanna, Johnson, Lowe, Lynn, McCarty, Manwaring, Noble, Polke, of Knox, Parke, Robb, Rapp, Jennings, president--26.
So it was determined in the negative.
On motion of Mr. Floyd,
The said section was further amended by adding thereto the following words, to wit: : "For four years and afterwards be regulated by the legislature; and when thereafter established, it shall remain unalterable, unless altered by a future convention of the people." And on this amendment, the yeas and nays being demanded by Mr. Floyd--those who voted in the affirmative, are,
Messrs. Boone, De Pauw, Devin, Dill, Graham, of Washington, Floyd, Grass, Holman, Lane, Lemon, Milroy, McIntire, Maxwell, Noble, Pennington, Polke, of Perry, Robb, Smock, Scott, Shields, Smith, Jennings, president--22.
Those who voted in the negative, are,
Messrs. Baird, Benefiel, Brownlee, Badollet, Cox, Cull, Cotton, Carr, Eads, Graham, of Clark, Ferris, Hanna, Hunt, Johnson, Lowe, Lynn, McCarty, Manwaring, Polke, of Knox, Parke, Rapp--21.
On motion of Mr. Johnson,
The following proviso was added to the said section, to wit: "Provided, if the legislature, at their first session after the expiration of the said four years, shall neglect or refuse to make any alteration in the mode of voting, they shall thereafter forever be precluded from legislating on the subject."
And on motion,
Ordered, That the said article be engrossed for a second reading on to-morrow.
Mr. Noble, from the committee of elections, made the following report, to wit:
Mr. President--Your committee to whom was referred the certificate of election of Benjamin Parke, from the county of Knox, having duly examined the same, are of opinion, that the said Benjamin Parke is duly elected, and entitled to a seat in this convention.
And on motion,
The convention concurred in said report.
Mr. Badollet, from the committee appointed to prepare and report a bill of rights and preamble to the constitution, made the following report, to wit:
Done in convention, begun and held at Corydon, on Monday the 10th day of June, A. D. 1816, and of the independence of the United States, the fortieth: We the people of the territory of Indiana, having the right of admission into the general government, as a member of the Union, consistent with the constitution of the United States, the ordinance of congress of one thousand seven hundred and eighty-seven, and the law of congress, entitled "an act to enable the people of the Indiana territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states, and for other purposes, in order to establish justice, promote the welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent state, by the name of the state of __________
Sec. 1. That the general, great and essential principles of liberty and free government may be recognized and unalterably established, WE DECLARE, That all men are born equally free and independent, and have certain natural, inherent and unalienable rights, among which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.
Sec. 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness. For the advancement of these ends, they have at all times an unalienable and indefeasible right to alter or reform their government in such manner as they may think proper.
Sec. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences: That no man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent: That no human authority ought in any case whatever to control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious societies or modes of worship, and no religious test shall be required as a qualification to any office of trust or profit.
Sec. 4. That elections shall be free and equal.
Sec. 5. That the right of trial by jury shall remain inviolate.
Sec. 6. That no power of suspending the laws shall be exercised except by the legislature or its authority.
Sec. 7. That no man's particular services shall be demanded, or property taken or applied to public use, without the consent of his representatives, or without a just compensation being made therefor.
Sec. 8. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Sec. 9. That the printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or 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 fully speak, write and print on any subject, being responsible for the abuse of that liberty.
Sec. 10. In prosecutions for the publication of papers investigating the official conduct of officers or men in a public capacity, or where the matter published is proper for the public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts under the direction of the court, as in other cases.
Sec. 11. That all courts shall be open, and every person, for an injury done him in his lands, goods, person or reputation, shall have remedy by the due course of law, and right and justice administered without denial or delay.
Sec. 12. That no person arrested, or confined in jail, shall be treated with unnecessary rigor, or be put to answer any criminal charge but by presentment, indictment or impeachment.
Sec. 13. That in all criminal prosecutions the accused hath a right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the county or district in which the offence shall have been committed, and shall not be compelled to give evidence against himself, nor shall be twice put in jeopardy for the same offence.
Sec. 14. That all persons shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless when in case of rebellion or invasion the public safety may require it.
Sec. 15. Excessive bail shall not be required; excessive fines shall not be imposed, nor cruel and unusual punishments inflicted.
Sec. 16. All penalties shall be proportioned to the nature of the offence.
Sec. 17. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.
Sec. 18. No ex post facto law, nor any law impairing the validity of contracts, shall ever be made, and no conviction shall work corruption of blood nor forfeiture of estate.
Sec. 19. That the people have a right to assemble together in a peaceable manner to consult for their common good, to instruct their representatives and to apply to the legislature for redress of grievances.
Sec. 20. That the people have a right to bear arms for the defence of themselves and the state, and the military shall be kept in strict subordination to the civil power.
Sec. 21. That no soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.
Sec. 22. That the legislature shall not grant any title of nobility or hereditary distinction, nor create any office the appointment to which shall be for a longer term than good behavior.
Sec. 23. That emigration from the state shall not be prohibited.
Sec. 24. To guard against any encroachments on the rights herein retained, we declare that every thing in this article is excepted out of the general powers of government, and shall forever remain inviolate.
And on motion of Mr. De Pauw,
The same was referred to a committee of the whole, and made the order of the day for Monday next.
On motion,
The convention adjourned till nine o'clock to-morrow morning.