(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Journal of the Convention, assembled at Springfield, June 7, 1847: in ..."

This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project 
to make the world's books discoverable online. 

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 

Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 
publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to 
prevent abuse by commercial parties, including placing technical restrictions on automated querying. 

We also ask that you: 

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other 
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner 
anywhere in the world. Copyright infringement liability can be quite severe. 

About Google Book Search 

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web 

at http : //books . google . com/| 



Digiti 



zed by Google 



Digiti 



zed by Google 



Digiti 



zed by Google 



Digiti 



zed by Google 



Digiti 



zed by Google 



Digiti 



zed by Google 



■■ 



JOURNAL 



OF THE 



CONVENTION, 

ASSEMBLED AT SPRINGFIELD, 
JUNE 7, 1847, 



IN PURSUANCE Or AN ACT OF THE GENERAL ASSEMBLY OF THE STATE OF 

ILLINOIS, ENTITLED '^AN ACT TO PROVIDE FOR THE GALL OF A 

CONVENTION," APPROVED, FEBRUARY 80, 1847, 

FOR THE PURPOSE OF 



ALTERINGj-^iVMENMNG, OR REVISING 
THE CONSTITUTION 

OF THE 



STATEOF ILLINOIS, 



PUBLISHED BY AUTHORITY OF THE CONTENTION. 
SPRINGFIELD: 

LANPHIBR fc WALKER, PRINTERS. 

*®*'- Digitized by GoOglC 



J Si-Jf 






Digiti 



zed by Google 









JOURNAL 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. 
X., on Monday, the seventh day of June, a. d. 1S17, 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, />ro 
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,^m> tempore* 

On motion of Mr. Shermac^^ 

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 scats: 

Adami county — William Laughlin, William B. Powers, Jacob M. 
Nichols. 

Adams and Highland counties — Archibald Williams. ^ 

Alexander and PtUaski counties — Martin Atherton. v 

Bond cottfi^y— Michael G. Dale. 

Boone countjf — Daniel H. Whitney. * '^"-.* 

Brown county — James W. Singleton, i^ i- 

Brown and Schuykr eofiiUies—jamcM Brockman, Alexander McHatton. 

Bureau county — Simon Kinuey. %^ 

Calhoun and Jersey counties — William Boabyshell. 



4 JOURNAL OF THE CONVENTION. IJune 7. 

Carroll and Ogle counties—^ amer Moflett. 

Gfl»5 county— Henry E. Dummer. <^ •^ 

Champaign and Vermilion counties — ^Thompson R, Webber. 

Christian and Shelby counties — !)• D. Sliumway. ^ 

Clark county — William Tutt, Justin Harlan. *- 

Clarkf Edgar and Coles counties — Uri^anlj. •^ 

Clinton county — Benjamin^ik)nd. ^ ^ 

Coles county — Thomas A. Marshall, Thojnas Trower. •^ 

Cook county — Patrick Ballingall, Francis C. Sherman, Reuben E. Hea- 
cock. E. F. Colby. 

Crawford county — Nelson Hawley. •^ 

Cumberland and Effingham counties — William H. Blakely. •^ 

De Kalb county — George H. HilU ^ 

De fVitt county — George B. I^emon. •^ 

Du Page county — Jeduthan Hatch, i^ 

Du Page and Will counties — Samuel Anderson. *^ 

Edgar county — William Shields, George W. Rives. 

Edwards and Wayne counties — Alvin R. Kenner. *^ 

Fayette county — John W. F* Edmonson, Joseph T. Ecclcs. 

Franklin county — John W.^Akin. ^ %. 

Fulton county — David Markiey, Hezekiah M. Wead, Isaac Linley.^ 
George^ Kreider. i^ ^ 

Gallatin county — Alber^ G. Caldwell, .lacob Smith. %^ 

Greene county — Franklin Witt, L. E. Worcester, U. M. Woodson. 

Grundy and La Salle counties — George W. Armstrong. 

Hancock county — Thomas C. Sharpe, George S. Moore, Robert Miller, 
Thomas Geddes. 

Hardin and Gallatin counties — Andrew McCallen. *- 

Henderson county — Gilbert Turnbull. ^' 

Henry and Knox counties — Joshua Harpen ^ 

Highland county — Lewis J. Simpson. 

Iroquois and Will counties — Jesse O. Norton. \ 

Jackson cot^njy-^AIexandcr M. Jenkins. 

Jasper and Crawford counties — Richard G. Morris. 

Jefferson county — Franklin S. Casey. ^^ 

Jefferson, Marion and Franklin counties — Zadok Casey, Walter B. 
Scales. 

Jersey county — A. R. Knapp. ly^ 

Jo Daviess county — ^Thompson Campbell, W. B. Green, O. C. Pratt. 

Johnson county — John Oliver. 

Kane county — Airrcd Churchill, Augustus Adams, Thomas Judd. 

Kendall county — John West Mason. 

Knox county — ^Curtis K. Harvey, James Knox. 

Ltcdce county — Horace Butler, Hurlbut Swan. 

La Salle county — William Stadden, Abraham Hoef. 

Lawrence county — John Mieur^ 

Ijee county — ^John Dement. ^ 

Livingston and McLean cozen/ze^—* Samuel Lander. ^ 

Logan counXy — James Tutlle. 

McLean cot(n/y— Dayid Davis* 



Digiti 



zed by Google 



Jane 7,] JOURNAL OF THE CONVENTION- 5 

Mason county — F. S. D. Marshal K 

Macoupin county — James Graham, James M. Palmer. 

McDonougk county--^ James M. Campbell. 

McDonough and Warren connlies^JoYin Huston. 

McHenry county — John SjJ)lej, Peter W. Deitz. 

Madison county — ^Cyrus Edwards, E. M. West, Benaiah Robinson, 
George T. Brown. 

Marshall and Stark counties -^^lenvj D. Palmer. 

Marion county — George W. Pace. 

Macon and Piatt counties — Edward O. Smith* 

Massac county — Thomas G. C. Davis. 

Menard county — Benjamin F. Nortbeott. 

Mercer county — Frederick Frick. 

Montgomery county — Hiram Rountree. ^ 

Montgomery and Bond counlti^s — James M. Davis. 

Moultrie and Shelby countips — Anthony Thornton. 

Mjrgan county — Newton Cloud, James Dimlap, William Thomas. 

Jl/onroe coun/y— James A. James, John D. Whiteside, 

Ogle county — D. J. Pinckney. 

Perry county — H. B. Jones. 

Pernfy Washington and Clinton eounties^^ John Crain* ^ 

Peoria caun/y— WilUam W. Thompson, Lincoln B. Knowlton 

Peoria and Fulton counties — Onslow Peters. *^ 

Pike county — William 11. Archer, Harvey Donn, William A. Grimshaw. 

Popecuunty — William Sim. 

Putnam county — Oaks Turner. 

Randolph aunty — Ezekiel W. Robbins, Richard B. Servant. ^ 

Richland Cs^unty — Alfred Kitchell. 

Rock Island county — Johjj^. Spencei*. 

Sangamon cour^ — John Dawson, James H. Matheny, Ninian W. 
Edwards, Stephen T. I^an. 

Scott connty — N. M.*^napp, Daniel Dunsmore. 

Schuyler county — William A. Minshall. 

Shetoy county — Edward^vey. ,^ 

St. Clair county — Wm. W. Roman, Wm. C. Kinney, John ^McCuIly, 
C^eorge Bunsen. " \< 

Stephenson county — Setli B. Farwell, Thomas B. Carter. 

Tazewell county — William H. Holmes. 

Union county — Samuel Hunsakcr. 

Vermilion county — John Ca^jiwiy, John W. Vance. 

Wabash cownty — Charles H. Constable. 

Warren county — Abner C. Harding. 

Washington county — Zenes B-. Vernor. 

Wayne county — James M.^ltlogue. 

Whiteside aounty-^Kfir on C^Jad<son. 

White caunfy — S. Snowden Hayes, Daniel Hay. 

Woodford county — Samuel J. Cross. 

Winnebago county — ^Sf'lden ^ Church, Robert J. Cross. 

Williamson county — ^John T. Loudon. 

Williamsonj Franklin and Jackson counties — Willis Allen. 

Digitized by VjOOQ IC 



G JOURNAL OF THE CONVENTION. [June 7. 

fVtll courtly — Hogh Henderson, William McClure. y 

Mr. States ofifered for adoption the following: 

Resolved^ That each delegate of this convention, before proceeding fo the 
transaction of any business, take an oath to support the constitution of 
the United States; which, 

On motion of Mr. Minshall, 

Was amended by adding: *'and to faithfully dfschnrge the duties of their 
offices as ctekgates to this convention, for the purpose of revising and 
amending the constitution of the State of Illinois/' 

Ordered J That the resolution as amended be adopted. 
On motion of Mr. Dawson, 

William Lavely, a justice of the peace, of Sangamon county, was intro- 
duced for the purpose of administering the oath prescribed. 

Mr. Logan moved that the oath be administered to members collec- 
tively, they standing by their seats, with an uplifted hand. 

And the question being put, it was decided in the negative. 

The Ocith was then administered to members, as they were called, in 
convenient numbers, in alphabetic order. 

Mr. Servant moved that the convention adjourn until to-morrow morn- 
ing, at ten o'clock. 

The question being taken thereon, was decided in the negative. 

Mr. Bond introduced the following resolution; which was read and 
adopted. 

Resolved^ That we will now proceed ta organize this convention, by 
ebcting a president, one secretary, and one sergeant-at-arms, and that 
no other officers shoH be constituted or appointed until it becomes neces- 
sory, in the opinion of the president and principal secretary, to employ 
some competent person to assist the secretary in the discharge of his duties, 
when the secretary may employ a competent assistant to whom shall be 
paid the sum of two dollars per day, while necessarily employed: Provi- 
ded^ the scrgcant-at-arms may, in his discretion, employ some able-bodied 
person to assist him in discharging his duties, to whom there shall be 
paid a sum of one dollar per day for each day he is necessarily employed, 
and he may employ two active, orderly and competent boys as messen- 
sengers &c., who shall each be paid the sum of fifty cents per day for the 
time employed. 

The convention then proceeded to the election of a president by ballot. 

Messrs. Dunlap, Lcgan and Scatjts were appointed tellers. 

The ballots having been taken and counted, the following result was 
announced: 

Fon Newton Cloud, of Morgan county, eighty-four votes. 

For Zadok Casey, of Jefferson county, sixty-five votes. 

For Archibald Williams, of Adnms county, two votes. 

For Cyrus Edwards, of Madison county, two votes. 

Mr. Newton Cloud, having received a majority of all the votes given, 
was, by the president, pro tempore^ of the convention, declared duly 
elected president of the convention. 

The president, pro tempore^ appointed Messrs. Thompson and Hay to 
conduct the president eleitt to the chair. 



Digiti 



zed by Google 



June!.] JOURNAL OF THE CONVENTION. 7 

That duty having been performed, the president said: 

Gentlemen qf the convention : It is but proper, on entering upon the duty 
assigned by the choice just made, that I should return you my most sincere 
thanks for the honor you have conferred. 

I enter upon the discharge of the duties of presidentof tliis convention 
with much embarrassment, for I feel that I have a difficult and important 
duty assigned me. 

I can only promise that my best efforts shall be made to discharge that 
duty faithfully and impartially, and that all the little ability that I possess 
shall be devoted to the despatch and furtherance of the public business. 
I ivill not allude, however rcmotelyi to the great subjects upon which we 
have been called to act, but will conclude by returning you again my 
sincere thanks for the honor you have conferred on me. 

The convention proceeded to the election of a secretary of the con- 
vention. 

Mr. Williams nominated James M. Burt, of Adams county. 

Mr. Bailingali nominated Henry W. Moore, of Gallatin county. 

The vote being taken on said nominations, showed that Mr. Moore 
received ninety-one votes; Mr. Burt, received lifty-nine votes; S. S. 
Brooks, received one vote: 

Those who voted for Mr. Moore, are, 

Messrs. Adams, Allen, Akin, Anderson, Archer, Armstrong, Athcr- 
ton, Blair, Blakely, Bailingali, Brockman, Bosbyshell, Brown, Bunsen, 
Butler, Grain, Caldwell, Campbell of Jo Daviess, Campbell, of McDon- 
ough, Carter, P. S. Casey, Z. Casey, Colby, Constable, Cross of Wood- 
ford, Cloud, Churchill, Dale, Davis of Montgomery, Davis of Massac, 
Dement, Dunlap, Dunn, Edmonson, Evey, Farwell, Frick^ Harvey, 
Hatch, Hawley, Hay, Hayes, Heacock, Henderson, Hill, Hoes, Hogue, 
Hunsaker, Huston, James, Jenkins, Kreider, Kinney of Bureau, Kinney, 
of St. Clair, Kitchell, Laughlin, Linley, Loudon, McClure, McHatton, 
Manly, Markley, Micure, Moffett, Moore, Morris, Nichols, Oliver, Pace, 
Palmer of Macoupin, Pratt, Peters, Powers, Robinson, Kountree, Scates, 
Sharpe, Stadden, Shields, Sherman, Simpson, Smith of Gallatin, Shum- 
way, Thompson, Thornton, Trower, Tutl, Vernor, Wead, Webber, Witt, 
Whiteside and iVorcester. — 91. 

Those who voted for Mr. Burt, arc, 

Messrs. Bond, Canady, Cross of Winnebago. Church, Davis of Mc- 
Lean, Deitz, Dawson, Dummer, Dunsmore, Edwards of MadisoA, Ed* 
wards of Sangamon, Eccles, Graham, Geddes, Green of Jo Daviess, 
Grimshaw, Harding, Harlan, Harper, Holmes, Jackson, Jones, Judd, 
Knapp of Jersey, Knapp of Scott, Kennor, Knowlton, Knox, Lander, 
Lemon, Logan, McCallen, Marshall of Coles, Marshall, of Mason, Ma- 
theny. Miller, Minshall, Northcott, Norton, Palmer of Marshall, Pinck- 
ney, Kives, Roman, Swan, Spencer, Servant, Sibley, Sim, Singleton, 
Smith of iMacon, Thomas, Turnbull, Turner, Tuttle, Vance, West, Wil- 
liams, Whitney and Woodson. — ^59. 

Mr. Robbing voted for S. S. Brooks. 

Henry W. Moore, having received a majority of all the votes given, 
was, by the president, declared duly elected secretary of **lhe Convention 
to alter, amend and revise the constitution of the State of Illinois.'' 



Digiti 



zed by Google 



8 



JOURNAL OF THE CONVENTION. 



[^Jutie 7- 



On motion, 

The coDveotion proceeded to the election of a sergeant-atarms. 

Mr. Allen nominated John A. Wilson, of Hamilton county. 
On motion of Mr. Edwards of Sangamon, 

The question was put by division, and decided in the affirmative. 

Whereupon, the president declared John A. Wilson duly elected ser- 
geant-at-arms of said convention. 

Mr. Thomas moved that the convention adjourn until to-morrow morn- 
ine at ten o'clock. 

The question bein^ taken, was decided in the negative. 

Mr. Campbell of Jo Daviess moved that the convention do now pro- 
ceed to the election of a printer. 

Mr. Servant moved to lay the motion on the table; the motion having 
been taken, was decided in the affirmative. 

Mr. Logan offered the following resolution: 

Resolved^ That a committee of hve be appointed by the president to re- 
ceive proposals for the printing the proceedings of the convention, and 
that they be directed to report said bids to the convention. 
On motion of Mr. Dement, 



The resolution was laid on the table, 


by yeas 


-^"«^"l£r^:?S 


Those voting in the affirmative, are. 






Mr. Adami 


Mr. Dunn 




Mr. Markley 


Akin 


Edmonson 




Moffett 


Allen 


Farwell 




Moore 


Anderson 


Frick 




Morria 


Archer 


Harvey 




Nichols 


Armstrong 


Hatch 




Oliver 


Atherton 


Hawley 




Pace 


Blakely 


Heacock 




Palmer of Macoupin 


Ballingall 


Henderson 




Pratt 


Brockman 


Hill 




Peters 


Bosbysbell 


Hoes 




Powers 


Brown 


Hogue 




Robinson 


Bun sen 


Honsaker 




Rountree 


Butler 


Huston 




Scates 


Caldwell 


Jenkins 




Sharpe 


Campbell of Jo Daviess 


Kreider 




Stadden 


Campbell of McDonough 


Kinney of St. 


Clair 


Shields 


Carter 


Kitchen 




Sherman 


F. S. Casey 


Lander 




Simpson 


Zadok Casey 


Laugblin 
Linley 




Smith of Gallatin 


Colby 




Shumway 


Cross of Woodford 


Loudon 




Tutt 


Clond 


McCullv 




Vemor 


Churchill 


McClure 




Wead 


Bale 


McHatton 




Webber 


Dement 


Manly 




Worcester. 


Dunlap 








Those voting in the negative, are, 






Mr. Bond 


Mr. Davis of Bond 


Mr. Edwards of Madison 


Crain 


Davis of McLean 


Edwards of Sangamon 


Canady 


Dawson 




Eccles 


Constable 


Deitz 




Evey 
Graham 


Cross of Winnebago 


Dummer 




Charch 


Dunsmore 




Geddes 



Digiti 



zed by Google 



June 7.] 



JOURNAL OF THE CONVENTION. 



Mr. Green of Jo Daviess 


Mr. Logan 


Mr. Servant 


Grimshaw 


• McCallen 


Sibley 


Harding 


Marshall of Coles 


Sim 


Harian 


Marshall of Mason 


Sineletcn 

Sm th of Macon 


Harper 


Mason 


Hay^ 


Matbeny 


Thomas 


Hayes 
Holmes 


Mieare 


Thornton 


Miller 


Trower 


James 


Minsball 


Tumbull 


Jones 


Noilhcott 


, Turner 


Jodd 


Norton 


Tuttie 


Knapp of Jersey 


Palmer of Marshall 


Vance 


KDapp of Scott 


Pinckney 


West 


Kenner 


Rives 


Williams 


Kinney of Bureau 
Knowlton 


Bobbins 


Witt 


Roman 


Whiteside 


Knoz 


Swann 


Whitney 


Lemon 


Spencer 


Woodson. 



Mr. Campbell of Jo Daviess, moved to proceed to the election of & 
printer. 

Mr. Williams moved to laj the motion on the table, the question having 
been taken, was decided in the affirmative. 

On motion of Mr. Edwards of Madison, 
Resolved^ That the secretary be directed to call upon the clergy of the 
diflerent denominations in the city, and to solicit an arrangement among 
themselves, for opening every morning by prayer Ihe meetings of the 
convention. 
Mr. Butler offered the following resolution: 

Resolved^ That the convention will be governed by the rules of the last 
session of the legislature until others are adopted. 
On motion of Mr. Thomas, 
The resolution was laid on the table. 

On motion of Mr. Edwards of Madison^ 
Resolved, That a committee of five be 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 Dement be said committee. 
On motion of Mr. Ballingall, 
Resolved, That the secretary prepare ballots properly numbered for 
scats for the membei*s 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 scats within the bar of this hall. 
On motion of Mr. Whitney, 
The convention adjourned until to-morrow moming, at 10 o^clock. 



/ 



Digiti 



zed by Google 



10 JOURNAL OF THE CONVENTION. [/uneS. 

TUESDAY, JiNE 8, l547. 

The convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Barger. 
On motion of Mr. Brockman, 

Resolved J That for the comfort and convenience of the members of this 
con vention, the sergcant-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 : 

Orderedy 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 oi this convention, be rescinded. 
On motion, 

The convention adjourned to three o^clock, p. m. 



THREE O^CLOCK, F. 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, and 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 aiAended by 
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 ihe 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. 



Digiti 



zed by Google 



Jum 8.] journal' OF THE CONVENTION. 11 

RuLB 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. 

Rui.B 6. Yeas and nays to be called for by ten members. 

RuLB 7. President to name who has the floor* 

RuuB 8. No interruption, and on a call to order, a member must sit 
down. 

Rui^s 9. No conversation whilst a member is speaking, and no passing 
between a member who is speaking and thet;hair. 

Rule 10. No reference to members names in debate. 

RuLB 11. Motion can be withdrawn by mover before question is put, 
and amendment made, and another member may put the same. 

RuLB 1*2. AH 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 o^ their admission. 

RuLB 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 
the 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. 

RuLB 15. In forming committees of the whole, the president, before 
leaving the chair, shall appoint a chairman. 

RuLB 16. No member shall speak more than twice to the same ques- 
tion without leave, nor more than once, until ^i^vy other member rising 
to speak shall have spoken. 

Rule 17. A motion ior reconsideration shall be in order at any time, 
and may be moved by any member of the convention. But the question 
ehall 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 given 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 17lh 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 miiy be addressed by order of the con- 
vention. 

3d. Reports of committees. 

4th. Motions, resolutions, and notices. 

5th. Un6nished business. 

(jtb. Special orders. 



Digiti 



zed by Google 



12 JOURNAL OF THE CONVENTION. [June 8- 

7th. General orders. 

Rule 21. Upon a division and count of the convention on any ques- 
tion, no member without the bar sh.ill be counted. 

RuLB 22. Every member who shall be in the convention ^hen the 
question is put shall give his vote, unless the convention, for special reasons, 
shall excuse him. 

RtiLE 23. The following shall be the standing committees of the con- 
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 ith. Committee on the Division of the State into Counties, and their 
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 301) 
copies of the rales just adopted, for the use of the convention ; which 
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 col- 
leagues, Mr. Charles Choatc, member from Hancock ; and Mr. Whitney 
the certificate of Stephen A. Huribut, member from McHenry and 
Boone. 

Messrs. Choate and llurlbut then appeared, and the oath of office was 
administered to them by-Wm. Lavely, esq. 

Mr. Dement offered for adoption the following : 

Resolved^ That the governor, secretary of state, treasurer, and auditor 
of state, the judges of the supreme court pf Illinois, and of the United 



Digiti 



zed by Google 



/«ne 9.] JOURNAL OP THE CONVENTION. 13 

States circuit and district courts, be iDvited to take seats within the bar 
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. 

jMr. 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 be laid 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 
proposed to be stricken out: 

^* That this convention has assembled for the purpose of revising, alter- 
iog, or amending the constitution of this state, and that the powers and 
duties of said convention are limited after its proper organization to such 
objects only. 

^^Resolved^ That with a view of entering upon the discharge of the du- 
ties assigned to said convention, we now proceed to the election of an as- 
sistant secretary, an assistant sergeant-at-arms, and a printer; any reso- 
lution heretofore passed to the contrary notwithstanding.^' 

Mr. McCallen moved that the amendment to the resolution be amctnded 
by striking out of it the words *^ and a printer," and adding at the end 
of the amendment the following : 

'* Resohed, That the secretary be instructed to receive sealed proposals 
at his desk, until (en o'clock a. m. to-morrow, for the printing to this con- 
• veDtion, 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 amendncent to the amendment, were 
laid on the table. 

Mr. Davis of Montgomery offered for adoption the following: 
Uesohtd^ That there be a committee on internal improvement appoint- 
ed by the president, and that the following additional rules be adopted: 
<^ Ruu: — • Any irember may make out and have placed upon the 



Digiti 



zed by Google 



14 JOURNAL OP THE CONVENTION. [June 9. 

journal his protest against the passage of anj 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" &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 congressional 
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 the 
business that will probably come before this convention, and the manner 
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 as 
to take the vote first on laying on the table. 

Mr. Logan called for a further division, so as to take the question on 
laying the first resolution on the table. 

The question was taken on laying the first resolution on the table, and 
decided in the affirmative. 

The question was then taken on laying the second resolution, and de* 
cided in the affirmative. 

Samuel D. J^ckwood presented his certificate of election, as a delegate 
from the county of Morgan, and the oath of office was administer^ to 
him by James W. Keys, esq. 

Mr. Armstrong offered for adoption the followins : 

Resolved^ That the following committees be added to the number now 
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 this 
morning, with all the amendments proposed thereto, be taken from the 
table; 

And the question beine taken on the motion, it prevailed. 

The question pending being on the amendment to the amendment in- 
troduced by Mr. McCaUen, 

Mr. Constable moved to lay said amendment on the table; 

The question having been taken, 

It was decided in the affirmative, j JjJJ ' ' ' • * * ] - ^^ 



Digiti 



zed by Google 



June 9.] JOURNAL OF THE CONVENTION. 

Those voting in the affirmative, are. 



15 



Mr. Adams 
Akin 
Allen 
AnderaoD 
Arcber 
Armstrong 
Atherton 
BUkelv 
Bmllingall 
Broekman 
Bosbyshell 
Brown 
Bansen 
Batler 
Caldwell 

Campbell of Jo Daviess 
Campbell of McDonongh 
Carter 
Cboate 
Colby 
Constable 
Cross of Woodford 
Cloud 
Churchill 

Davis of Montgomeiy 
DaTJs of Massac 
Deitz 
Dement 
Dummer 
Dnnlap 



Mr. Crain 
Canady 
F. S. Casey 
Z. Csser 

Cross of Winnebago 
Church 
Dale 
Dawson 

Edwards of Madison 
Edwards of Sangamon 
Eccles 
Graham 

Green of Tazewell 
Grimshaw 
Harding 
Harper 
Harvey 
Hay 
Henderson 



Mr. Donn 


Mr. Manly 


Dunsmoie 


Markler 
Marsball ot Coles 


Edmonson 


Evey 


Marshall of Mason 


Farwell 


Mieure- 


Frick 


Minshall 


Geddes 


Moffett 


Green of Clay 
Grsea of Jo Dftviegfe 


Moon 


Morris 


Hatch 


Nichols 


Hawley 


Pace 


Hayes 


Palmer of Macoupin 


Heacock 


Pratt 


Hill 


Powers 


Hoes 


Bobbins 


Hogue 
IColmes 


Robinson 


Scates 


Hunsaker 


Sharps 
Stadden 


Huston 


Jenkins 


Swan 


Knapp of Jersey 


Sibley 


Krei^er 


Singleton 


Kinney of St. Clair 


Smith of Gallatin 


Kitcbell 


Shumway 


Langhlin 


Trower 


Lemon 


Tutt 


Linley 


Vemor 


Loudon 


Wead 


McClnie 


Webber. 


McHatton 


V 


egative, are, 




Mr. Hurlbut 


Mr. Rives 


Jackson 


Roman 


James 


Shields 


Jones 


Spencer 


Judd 


Servant 


Knapp of Scott 


Sim 


Kenner 


Thomas 


Kinney of Bureau 
Knowlton 


Thornton 


Tumbull 


KnoK 


Turner 


Lander 


Tuttle 


Logan 


Vance 


McCallea 


West 


Matheny 


Witt 


Miller 


Whiteside 


NorthcoU 


Whitney 


Norton 


Woodson 


Palmer of Marshall 


Worcester. 


Peters 





On motion, 
The cooventioD adjoamed to two o^dock, p« m. 



Digiti 



zed by Google 



16 



JOURNAL OP THE CONVENTION. 



[June 9. 



TWO o'clock, p. m. 



GoDvention met pursuant to adjournment. 

The question pending^being upon the motion of Mr* Archer, to strike 
from the resolution, offered by Mr. Singlelon, all after the word *' resolv- 
ed," and add two other resolutions, he called for a division. 

The question was put upon striking cut, 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, 



It was decided in the affirmative, m^^,*' 


87, 

64. 


Those voting in the affirmative, are. 




Mr. Akin 


Mr. Farwell 


Mr. Mieure 


Allen 


Frick 


Minshall 


Anderson 


Geddes 


Moffett 


Archer 


Green of Clay 


Moore 


Armstrong 


Harvey 


Morris 


Atherton 


Hatch 


Nichols 


Blakely 


Hawley 


Oliver 


Ballingall 


Hayes 


Palmer of Macoupin 


Brockman 


Heacock 


Pratt 


Bosbyshell 


Hill 


Powers 


Blown 


Hoes 


Robbins 


Bunsen 


Hogue 


Robinson 


Butler 


Hunsaker 


Rountree 


Crain 


Huston 


Sharpe 
Stadden 


Caldwell 


Jenkins 


CampbeU of Jo Daviess 


Jones 


Shields 


Campbell of McDonough 


Knapp of Jersey 


Sherman 


Carter 


Kreider 


Simpson 


F. S. Casey 


Kinnev of St. Clair 
Laughlin 


Singleton 


Z. Casey 


Smith of Gallatin 


Choate 


Linley 


Shumway 


Colby 


Loudon 


Trower 


Cross of Woodford 


McCallen 


Tutt 


Cloud 


McCully 


Vcrnor 


Davis of Montgomery 


McClufe 


Wead 


Davis of Massac 


McHatton 


Webber 


Dement 


Manly 
Markley 


Witt 


Edmonson 


Whiteside 


Evey 


Marshall of Mason 


Vf orcester. 


Those voting in the negative, are. 




Mr. Adams 


Mr. Graham 


Mr. Knapp of Scott 


Cross of Winnebago 


Green of Jo Daviess 


Kenner 


Church 


Green of Tazewell 


Kinney of Bureau 


Churchill 


Grimshaw 


Kitchen 


Dale 


Harding 


Knowlton 


Davis of McLean 


Harlan 


Knox 


Dawson 


Harper 


Lander 


Deitz 


Hay*^ 


Lemon 


Dummer 


Henderson 


Logan 


Danlap 


Holmes 


Marshall of Coles 


Dunsmore 


Hurlbut 


Mason 


Edwards of Madison 


Jackson 


Matheny 


Edwards of Sangamon 


James 


MUler 


Eccles 


Jndd 


Nortbcott 



Digiti 



zed by Google 



Mr. Servant 


Mr. Turner 


Sibley 


Tuttle 


Sim 


Vance 


Smith of Mtcon 


West 


Thomas 


Williams 


Thornton 


Whitney 


Turnbull 


Woodson 



June 9.] JOURNAt. OP THE CONVENTION. 17 

Mr. Palmer of Marshall 
Peters 
Pinckney 
Rives 
Roman 
Scales 
Swan 
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 
sccretarj* 

Mr. Sherman nominated IL 6. Reynolds, o( Rock Island county. 

Mr. McGallen 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. AkiA, 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 Woodford, Cloud, Churchill, 
Dale, Davis of Massac, Dement, Dunlap, Dunsmore, Edmonson, Evey, 
Farwell, Frick, Green of Clay, Harper, Harvey, Hatch, Hawley, Hayes, 
Ueacock, Henderson, Hill, Hoes, Hogue, Hunsaker, Huston, James, Jen- 
kins, Kreider, Kinney of St. Clair, KitchelK Laughlin, Linley, McCuIJy, 
McClure, McHatton, Manly Markley, MofTett, Morris, Nichols, Oliver, 
Pace, Palmer of Macoupin, Pratt, Peters, Powers, Robinson, Rountree, 
Scates, Sta^lden, Sherman, Smith of Gallatin, Shumway, Trowcr, 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, Davi:; 
of McLean, Dawson, Deitz, Dummer, Edwards of Madison, Edwards of 
Sangamon, Eccles, Graham, Geddes, Green of Jo Daviess, Grimshaw, 
Harding, Harlan, Hay, Holmes, Hurlbut, Jackson, Jones, Judd, Knapp of 
Jersey, Knapp of Scott, Kenner, Know! ton, Knox, Lander, Ijemon, Lo- 
gan, Marshall of Coles, Marshall 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 Yanccr-S. 

U. G. Reynolds, having received a majority of all the votes given, was^ 
by the president, declared duly elected assistant secretary of the conven« 
tion to amend, alter, or revise the constitution o( the state of Illinois. 

The convention proceeded to the election of an assistant doorkeeper. 

Mr. Armstrong nominated Ralph Woodruff, of La Salle county. 
On motion of Mr. Rountree, 

The election proceeded by a division of the convention. 



Digiti 



zed by Google 



18 JOURNAL OP THE CONVENTION. IJune 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 electiow of Lanphier & Walker, as 
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 govehiment 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 

« Digitized by VjOOQ IC 



June 10.] JOURNAL OF THE CONVENTION. l9 

years; and the sheriflf 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 <'lected. 

8th. The circuit court judges shall receive competent salaries for their 
services, which shall not be less than twelve hundred dollars, 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 disi^ensing 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 io the constitu- 
tion in thesS 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, 

Resdvedy 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. M., 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: 

Rcsohedf That, until otherwise ordered, the hour of convening the 



Digiti 



zed by Google 



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 " eight o'c^lock, a. m." 

The ques'iion having been taken on the amendment, was decided in 
the negative. 

The question was then taken on the adoption of the resolution, and de- 
cided ill 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 
aflopted by this convention, and to provide for the alteration and amend- 
ment of the same. 

Mr. Hayes ofi'ered 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, 

Resokedj That this convention will prepare and adopt separately such 
amendments as may seem necessary, and will distinguish such amend- 
ments 33 may be adopted, that they may be voted on scpgirately 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. Adams, 

Resolved^ That the secretary of state be requested to furnish this body 
with as full a statement as practicable of the amount and piesent condi- 
tion of the school, col!cge, 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 gcner.il 
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 e^cpedient 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 ar^.option of the resolution, it 
was decided in the negative« 



Digiti 



zed by Google 



rwnc 10.] JOURNAL OF THE CONVENTION. 21 

Mr. Harvey offered for adoption the following resolution: 
JResolved^ That the following committee be added 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. Shumway, 
The resolution was laid on the table. 
Mr. Loudon offered for adoption the following resolutions: 
Whereas the people of the stale of Illinois call for a thorough retrench- 
nnenl in all the departments of our state government, and more especially 
in the legislative department bf our government: therefore, be it 

Resolved 6y 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-tive, leaving fifty members in the 
houseof representatives and twenty-five in the senate; and that the num- 
ber in both houses should never exceed one hundred and twenty, appor* 
lioncd 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 the 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, Tiiat 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- 
mcnt 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 He 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 insuflicient for 
this purpose; for they will be disregarded at pleasoie, if there is no or- 
ganic provision for the distribution of power by which to ensure their 
observance; therefore, 
Resolvedf That the government of the state of Illinois should consist of 

Digitized by VjOOQ IC 



23 JOURNAL OF THE CONVENTION. [June 10. 

three co-ordindte 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 cooperation 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 in 
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 sSouId 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 ihe state debt 
shall 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. Scales 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 pnrposes; the amount per cent, levied upon the same 
for county purposes; the aggregate amount of revenue derived from the 
same for slate purposes; the aggregate amount of revenue derived from 
the same for county purposes, for each and every year since 1818, or 

Digitized by VjOOQ IC 



Tt^ne Ift] JOURNAL OP THE CONVENTION. 



33 



since the organisation 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 iorthvrith by the secretary to each revenue clerk in 
this state. 



Tabular Statement. 



Year. 


Aggreeate value 
of real and per- 


Am't per cent, 
levied tor state 


Am't per cent, 
levied for 


amount of state 


Aggregate 
am't of county 




sooal property. 


purposes. 


county pur- 
posese. 


revenue. 


revenue. 


1819 


$ 


cts. 


Cts. 


$ 


$ 


lS-20 












1821 












1822 












18*23 












18-24 












&C. 












1S45 













Mr. Akin moved to strike out all after the word •* resolved," and in- 
sert the following: 

« That 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 thirt 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 Ihe 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 of 
assessment for state and county purposes, separately; also, the same state- 
ment relative to personal ppoperty." 

On motion of Mr. Constable, .* 

The amendment was laid on the table. 

On motion of Mr. Caldwell, 
The resolution was laid on the table. 



Digiti 



zed by Google 



34 JOURNAL OP THE CONVENTION. [June 10. 

Mr. Archer offered the following preamble and resolulion: 

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 12d of article 1st of the constitution of thisstite, 
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 stale, shall singly or collectively exercise any power or 
perform any duties hereafter confided to either of the others; and section 
19 of article 3 of the constitution of this stale, 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 resoliiiion were laid on the table. 

Mi. Scutes 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 subjecis for their consideration. 
On motion of Mr. Knowlion, 

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 Judiciarj be and they are hereby 
instructed to report an amendment to the constitution providing for the 
election of judges of courts in the following manner, to wit: 

The legal voters of the fctate shall elect three judgUp 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 arc 
elected, and receive the sum of dollars per annum. 

Digitized by VjOOQ IC 



June 10.J JOURNAL OP THE CONVENTION. 25 

Od motion of Mr. Davis, 

The resolution was laid on the table. 

Mr. Palmer of Macoupin offered the following resolution: 

Resolved, That the judicial system of this state should be composed of 
a supreme court, circuit courts, and such inferior courts as shall be here- 
aft^f established bylaw. That the supreme court shall be composed of 
no^ 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 office 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 ineligibie to any other office for and during the term for 
which he .shall have been elected. Each of whi< h 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 ofiered the following resolution: 

Resohed, 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, unie5<s they are called together 
by the governor for some specific purpose; and when they have performed 
the work specified by the governor for which ihey were called, they shall 
adjourn. 

The meeting of the general assembly shall be hereafter on the first Mon- 
day ill January, and their session shall be confined to sixty days. The 
legislature shall be prohibited from 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 morninj^ 



Digiti 



zed by Google 



28 JOURNAf. OP THE CONVENTION. [June IL 

FRIDAY, JwNri II, 1841 

The convention assembled pufsUaiit (o 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. Stadden» 

The resolution was laid on the table. 

Mr. Rouutree offered the following resolution: 

Resolvedj That there shall be established in each of the counties of this 
state, and in each county hereafter to be created, a court 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 officio recorder of deeds, 
and register of probate. Said justices of the peace and clerk of said court 
shall be elected quadrennially by the qualifiod voters of the respective 
counties. 

On motion of Mr. Whitney, 

The resolution was laid on the table. 

Mr. Edmonson offered tfte following: 

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, 

Resolvedy That the general assembly of this state shall not consist of 
more than one hundred and twenty members, eighty in the hou&c and forty 
in the senate. * 

Resolved 9 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 ^always 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* 
tectioi^ safety, prosperity, and happiness of the people, and the offices 
created for their benefit; rJI 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 au- 



Digiti 



zed by Google 



June II.] JOURNAL OP THE COxNVElNTlON* 27 

thdrity from becoming oppressors, the people have a right^in such mannef* 
as they may in a legal way prescribe, to cause their public oflScers to re- 
turn to private life, and to nil up vacant places, by certain and regular 
elections; and whereas this convention has been called in accordance 
with the provisions of the constitution of this state, for the purpose of al- 
tering or amending the same ; and whereas it is the opinion of this con- 
rention that the present constitution of this stale ought to be altered in 
some respects, and so amended as to embrace within it the principles con- 
tained in the following provisions, to wit: 

1. The council of revision should be abolished. 

2. That there be established a supreme court composed of three Judges, 
to be elected by the qualified voters of this state, to hold their office for 
eight ye<irs. 

3. That there be circuit courts established, separate from the supreme 
court ; the judges of circuit courts to be elected quadrennially by the 
qualified voters of the state in their respective circuits. 

4. That there be elected quadrennially by the qualified voters of the 
state^ a secretary of state, an auditor of public accounts, a state treasurer, 
and an attorney general for the state. 

5. That there be a circuit attorney elected biennially, by the qualified 
voters in each judicial circuit. 

6. That the judges of the supreme court receive an annual salary of 
^1,000, the judges of the circuit courts an annual salary of $S00 each, 
the secretary of state an annual salary of f 600, the auditor of public ac- 
counts an annual salary of $1,000, the state treasurer an annual salary of 
S600, the attorney general an annual salary of $450, and the circuit at- 
torneys an annual salary of $200 each. 

7. That there be elected biennially, by the qualified voters in each 
county in this state, a shcrifT, coroner, cleik of the circuit court, of the 
county court, recorder; judge of probate, county surveyor, assessor, col- 
lector, and as many justices of the peace as may be necessary for the 
county. The justices of the peace to be elected in districts as the legist 
lature may direct. 

8. That the county commissioners' court be abolished, and the justices 
of the peace in each county compose a court to perform the duties now 
performed by the county commissioners' court. 

9. That the legislature of the state consist of one hundred and thirty- 
six membeis, the senate of thirty-six, and the house of one hundred mem- 
bers. The senators to be elected quadrennially, and the representatives 
biennially, by the qnalfied voters of the counties or districts from which 
they are sent; to sit biennially. To be paid $9 50 per day while in ses- 
sion, and $3 for every twenty miles travel going to and returning from 
the seat of government. The legislature to be restrained from borrowing 
money on the faith of the state, unless the amount to be borrowed, and the 
object to which it is to be applied, be first submitted to the people to be 
voted upon ; if sanctioned by them, it may be borrowed, but not other- 
wise. 

10. That the legislature be prohibited from granting to any individu- 
al, company, or incorporation, the privilege of issuing or putting in circu- 



Digiti 



zed by Google 



28 JOURNAL OP THE CONVENTION. [JuneU. 

lation any bill or notes, of any kind, to be circulated or used as money or 
in lieu of money. 

!!• That the legislature be prohibited from granting charters, or in- 
corporating companies to concentrate capital, to carry on any kind of bu- 
siness, except for the encouragement of schools, colleges, or seminaries of 
learning) unless the stockholders are made liable out of their individual 
estates, for all the debts created by such incorporated company in their 
corporate capacity. 

12. That at all elections, all white male inhabitants, natives of the 
United States, of the age of twenty-one years, having resided in the state 
six months next preceding the election, shall enjoy the right of electors. 
Everv foreigner who comes to settle in this state, and resides here six 
months, and will take an oath to support the constitution of the United 
States, and of this State, shall be entitled to the right of an elector. 

13. That taxes and representation shall be equal. 

14. That private property be not taken for public use, unless by the 
consent of the owner, or by the decision of ai jury to be called to decide 
as well whether the public good requires the property to be taken, as to 
assess the amount of damages to be paid for it; therefore, 

Resolved^ That the 1st, 2d, and 8ih of the foregoing propositions be re- 
ferred to the committee on the Judiciary Department; that the 4th. 5th, 
7th, and 12th, be referred to the committee on Elections and Right of Suf- 
frage; that the 6th proposition be referred to the committee on Finance; 
that the 9th, 10th, and i4th propositions be referred to the committee on 
the Legislative Department; that the 11th proposition be referred to the 
committee on Incorporations; and that the 13th proposition be referred to 
the committee on llevenue. Which, 
On motion of Mr. Jenkins, 

Were laid on the table. 

Mr. Scates ofiered the following: 

Resolved^ That in organizing the executive department, the comtnittec on 
that department inquire into the expediency of modifying so far only as, 

1. To take away from that department all power of appointment. 

2. To invest the executive with a qualified veto, for constitutional ob- 
jections only. 

3. To modify the power of pardoning* 

4. To limit the power of convening the legislature to 6uch causes 
onltf as arc rendered extraordinary by the public interests. 

5. Fix the executive salary at $ per annum. 

6. The election of a secretary of state by the electors throughout the 
state, for a term of years, and at a salary of $ per annum. 

7. The election of an auditor of public accounts in like manner, for 
a term of years, and at a salary of $ per annum. 

8. The election of a state treasurer in like manner for a term of 
years, and at a salary of $ per annum. 

9. The election of a public printer in like manner, whose duties and 
compensation shall be fixed and regulated by law, and whose term of 
office shall be years. 

10. The election in like manner of an attorney general, whose term 
of oflice shall be years, and salary of $ per annum. 



Digiti 



zed by Google 



June II.] JOURNAL OF THE CONVENTION. 29 

II. The election, by the proper circuit, of one staters attorney, whose 
term of office shall be years ; and salary $ , and such fees as 

may be allowed by la\v. 

Rcsolvedy That in the organization of the judiciary department, the 
committee on that department inquire into the expediency, 

1. Of preserving, distinct, the powers and principles of law and equi- 
ty; and the courts in which they may be exercised and administered. 

2. The organization of a supreme court with appellate jurisdiction 
only; to be held by one chief justice, with associates, to be appoint- 
ed by the qualified electors by general ticket ; tenure of office to be 
years, nl a salary of $ per annum. 

3. The organization of circuit courts, with original common law and 
equity jurisdiction, and appellate from inferior courts, to be held by one 
circuit judge ; his appointment by thequnlified electors of his own circuit, 
tenure of office to be years, ineligibility to the next succeeding 
term, at a salary of $ pc r annum. 

4. The organization of rouniy courts, with general police jurisdiction 
in^iUinty affairs, and with lintiied jurisdiction in criminal and civil causes, 
including cas«s of ^ilis and intestacies, to be held by the justices of the 
peace; tenure of office ycais. 

5. The organization of courts of justices of the peace, with limited 
civil and criminal jurisdiction in cases of misdemeanors, to be appointed 
for years b) the qualified electors of the county, to reside in pre- 
scribed districts — compensat'on, foes. 

6. Appointment of clerks to the respective courts in same manner as 
judges. 

Resolved^ That in the organization of the legislative department, the 
committee on that department inquire into the expediency, 

I. Of limiting the members of the house of representatives to in 
number. 

i>. Of limiting the number of senators to 

3. Of fixing the proportion of the two houses, never to be more than 
four nor less than two to one. 

4. Of limiting the whole number never to exceed nor be less 
than , and the number to be altered only once in years. 

5. Of fixing the compensation of members at $ per day,speak- 
ers at $ , secretaries at § , door-keepers al $ , other 
clerks fit § per day. 

6. Of limiting the powers of the legislature to acts of a general na- 
ture, or such as concern the public interest generally or locally. 

7. Of prohibiting private legislation for individual, company, or cor- 
porate benefit, except at the expense of the applicants. 

8. Of prohibiting the passing of special acts for the relief of negli- 
gent, cireless, and defaulting public officers, except at their own expense. 

y. Of limiting the powers of legislation, when convened on extraor- 
dinary occasions, to those causes only communicated by the executive. 
10. Of limiting sessions of the legislature not to exceed days. 

II. The abolition of the council of revision. 

12. The prohibition to the legislature of h\\ power of appointment, 
except of (J. S. senators, and its own officers. 



Digiti 



zed by Google 



30 JOURNAL OP THE CONVENTION. [June II. 

Mr. Sca^.es moved to refer the resolutions to a committee of the wholf 
convention ; 

On motion of Mr. Hurlbut, 

The resolutions were laid on (he table. 

Mr. Robbins offered the following: 

Resolved^ That the del«>gates o( each congressional district in the state 
be constituted a select committee to meet to day at two o'clock, p. m., for 
the purpose of appointing from their respective members, a select com- 
mittee of two« whose duties it shall be to consult with and advise the 
president, in relation to the appointment of the standing committees of 
the convention, and that the president forthwith appoint the respective 
chairmans of said committees ; which, 

On motion of Mr. Campbell of Jo Daviess^ 

Was laid on the table. 

Mr. Shields offered the following: 

Resohedf That the elections of this state be changed from the first 
Mondaj in August to the first Monday in November in each year. 
On motion of Mr. Shumway, 

The resolution was laid on the table. 

Mr. Archer offered the following: 

Resolved, That the secretary be authorized to procure suitable well 
bound books, in which to record the proceedings of this convention, and, 
if necessary, to employ a copyist to perform that service. 

Resolved^ That a like number of the journals of the proceedings of this 
convention be printed and bound for distribution as were printed of the 
proceedings of the last legislature. 

Resolved^ That the general assembly hereafter to be convened under 
the constitution of this state shall be limited in its sessions to sixty days, 
at a per diem cillowance of two dollars, or a per diem allowance of one 
dollar after thdt time, for such period as the general assembly may deem 
proper and necessary to prolong the session. 

Mr. Peters moved to lay the second and third resolutions on the table, 
and the question having been taken, was decided in the affirmative. 

Mr. Archer withdrew the first resolution. 

Mr. Thomas introduced the following: 

Resolved, That the secretary be authorized to procure suitable well 
bound books in which to record the proceedings of this convention, and, 
if necessary, to employ a copyist to perform that service. 

Mr. Kitchell moved to strike out all after the word ^ resolved," and in- 
sert ihe following: 

«• That the secretary of state furnish for this convention well bound 
books for recording the journals of this convention, and that the conven- 
tion proceed to appoint an additional secretary, whose doty it shall be to 
copy the journals of this convention in such books. 

Mr. Whitney moved to lay the resolution and amendment on the table. 

Mr. Kitchell called for a division of the question. 

The question was then taken on laying the amendment on the table, 
and it was decided in the afiirmative. 

Mr. Whitney withdrew the remainder of bis motion. 



Digiti 



zed by Google 



Jun€ 11.] JOURNAL OF THE CONVENTION. 81. 

Mr. Kinney of St. Clair oflered the foilowiDg amendment, bj which he 
proposed to strike out after ^resolyed," and add 

'* That the assistant secretary of the conyention act as the copyist of 
the journal/' 

On motion of Mr. Scates, 

The resolution and amendment were laid on the table. 

Mr. Campbell of McDonoogh offered the following: 

Resolved, That no negro, mulatto, Indian, or other person of mixed 
blood of the one-eighth blood, shall ever be permitted, or in anywise al- 
lowed to attain, use or acquire citizenship or residence in this state from 
and after the adoption of the constitution, which this convention is now 
called to frame. 

On motion of Mr. Cross of Winnebago, 

The resolution was laid on the table untu (he first day of December 
next. 

Mr. Brockman offered the following: 

Resolved, That hereafter no new county shall be created by the legisla- 
ture o/ this state, and organized by the people of said county, unless the 
same shall contain an area of four hundred square miles. 
On motion of Mr. Markley, 

The resolution was laid on the table. 

Mr. Worcester offered the following: 

Believing that important measures are necessary to advance the cause 
of education, the basis of our republican, form of government, and to ele- 
vate the moral standard of common schools^ the only source from which 
most of our youth derive their education; therefore. 

Resolved^ That an article be ingrafted into our state constitution cre- 
ating the office of state superintendent of common schools, who shall be 
elected by the people and hold his office for the term of four years, and 
until his successor is elected and qualified, and receive a salary of $ , 
whose duty it shall be to have the general superintendence of common 
schools in this state, and report the condition of the same in a manner and 
as often as may be required by law. Also, that county superintendents 
of schools be elected in every county at their general elections, and hold 
their office for the term of two years, and receive from the county rev- 
enue a reasonable compensation, to be fixed by law, whose duty it shall 
be to superintend the schools in the several counties, and report to the 
state superintendent from time to time as he may require. 

Mr. Shumway proposed to amend the resolution by adding the follow- 
ing: 

**And that the legislature be prohibited from borrowing the school, col- 
lege and seminary fund.'' 

On motion of Mr. Peters, 

The resolution and amendment were laid on the table. 

Mr. Sharpe offered the following: 

Resofved, That the following be an additional rule of the convention: 

RuLB — . No member shall be allowed to address this convention for 
a longer period than one hour at a time. 
On motion of Mr. Stadden, 

The resolution was laid on the table. 



Digiti 



zed by Google 



32 JOURNAL OP THE CONVENTION. [/me 11. 

Mr. Bosbyshtll offered the following: 

Resolved^ That the ratio of representation shall not allow more than 
two members to any one county, and that each county shall have one rep- 
resentative. 

On motion of Mr. Cross of Winnebago, 

The resolution was laid on the table. 

Mr. Geddes offered the following: 

Resolved^ That the constitution be so amended that all elections shall be 
by ballot. 

Which, on his motion, was laid on the table. 

Mr. Marshall offered the following: 

Resolved^ That the elective franchise in this state shall be confined to 
white male citizens of the United States, and to such unnaturaiized for- 
eigners as have heretofore exercised the privilege of voting: Provided^ 
such foreigners immediately declare their intention of becoming ciiizens 
accolrding to law. 

On motion of Mr. Colby, 

The resolution was laid on the table. 

Mr. Wead offered the following resolution ; which was adopt«>d: 

Resolved J That the governor of this state be requested to furnish this 
convention with a full statement of the amount of the public debt, for 
what purpose contracted, and when payable. Also, a full statement of 
the means, present and prospective, at the command of the state for the 
payment of such debt, and the amount paid thereon since 1840. 

Mr. Grimshaw offered the following resolution; which was adopted: 

Resolved^ That the auditor of state be requested to furnish this conven- 
tion, in tabular form, a statement of the revenue of the several counties 
of this State. Also, of the state revenue from the year 1839, inclusive, 
to the present year. Also, that the auditor of state transmit a copy of this 
resolution to the clerks of the several county commissioners' courts, with 
the request that said clerks transmit in form, aforesaid, all information on 
the subjects aforesaid, which can be obtained from the files and records of 
said counties, and that the said clerks further report the amount of the in- 
debtedness of said counties to said auditor. 

Mr. Woodson offcred-the following, as an additional rule, viz: 

<*No standing rule of this convention shall be rescinded without a vote 
of two-thirds of the convention." 

And the question having been taken on the adoption of the rule, was 
decided in the negative. 

On motion of Mr. Pratt, 
The last clause of the l7th rule was suspended. 

Mr. Minshall moved that the vote taken upon concurring with the com- 
mittee on rules, in their adoption, be reconsidered; and pending the ques- 
tion, upon which motion, 

Mr. Edwards of Sangamon offered the foHowing order; which was 
adopted: 

Ordered, That, ( until further ordered) any standing rule or order of 
the convention may be rescinded or amended by a majority of the con- 
vention. 



Digiti 



zed by Google 



JTruw 11.] JOURNAL OF THE CONVENTION- 33 

That this convention now proceed to take into consideration the amend- 
ment of the rules. 

So the rules were taken under consideration. 

Mr. Markley moved to amend rule six by striking out the word ^ ten/* 
and inserting ^ four " in lieu thereof. 

The question having been taken, it was decided in the negative* 

Mr. McCallen moved to strike out the l!2th rule, and insert in lieu there- 
of the following: 

**AU the standing committees shall be appointed bj the president, and 
chosen alternatelj from the several congressional districts of the state, 
and they shall elect their chairmen by ballot." 

The question having been taken on the amendment, it was decided in 
the negative. 

Mr. Kobbins moved the following, as an amendment to the 16th rule» to 
be added to it: 

^* And each member, while speaking, shall confine himself to the sub- 
ject matter in debate before the convention.'^ 

And on the adoption oi the same the yeas and nays were demanded; 
when, 

On motion. 

The convention adjourned to three o'clock, p. ic* 

THRXE o'clock, P* M. 



The convention met pursuant to adjournment. 

The convention resumed the consideration of the amendment to the 
16th rule, ofifered by Mr. Robbias. 

Mr. Hay moved the following, as an amendment to the amendment, to 
be added thereto: 

*^ And that no member shall speak more than thirty minutes at one 
time.-' 

Mr. Thomas moved to lay the amendment and the amendment to the 
amendment on the table; 

Mr. Allen called for a division of the question; 

The question having been taken, the amendment to the amendment was 
laid on the table. 

The question was then taken upon laying the amendmeni upon the ta- 
ble, and decided in the affirmative. 

Mr. Markley moved to amend the 17th rule by striking out all after the 
word ** convention.'* 

And the question having been taken on the proposed amendment, it 
was decided iii the negative. 

Mr. Palmer of Macoupin moved to amend the 18th rule by striking 
out the words '' except so much of the IGth rule as restricts the speaking 
to more than twice." 

The question having been taken, it was decided in the negative. 



Digiti 



zed by Google 



34 JOURNAL OF THE CONVENTION. [June 14. 

Mr. Sharpe moved the following, as an additional rule; which was 
adopted: 

Rule — • The rules of the convention may be suspended in v^hole 
or in part by the consent of two-thirds of the members present* 

Mr. Edwards moved the following as an additional rule ; which was 
adopted: 

RvLB — . When a question is under debate, no motion shall be re- 
ceived but to adjourn, to lie on the table, the previous question, to com- 
mit or amend, to postpone to a day certain, to postpone indefinitely; which 
several motions shall have precedence in the order in which they are ar- 
ranged; and no motion to postpone to a day certain, to commit or post- 
pone indefinitely, being decided shall be again allowed at the same stage 
of the proposition. 

Mr. Williams moved to take from the table the preamble and resolutions 
introduced yesterday by Mr. Woodson; and the question having been ta- 
ken, it was decided in the affirmative. 

So the resolutions were taken up for consideration. 

Mr. Logan moved to ilmend the second proposition in the second reso- 
lution, by striking out the three first lines and inserting the following in 
lieu thereof : 

^^ The supreme court shall consist of three judges, to be elected in dis- 
tricts, but after the election it shall be decided by lot which of them shall 
have the first class, which the second, and which the third; the judge 
drawing in the first class shall hold his office for four years, the one draw- 
ing the second for eight years, and the one drawing the third ^hall bold 
his office for twelve years. 

On motion of Mr. Thomas, 

The preamble, resolutions, and amendment were referred to a commit- 
tee of the whole convention — Mr. Sherman in the chair; after some lime 
spent in the consideration of the first resolution. 
On motion of Mr. Ballingall, 

The committee rose, reported and asked leave to sit again. 

The question recurring; — **Shallthe committee have leave to sit again ?" 
on being taken, was decided in the negative. 
On ii^otion. 

The convention adjourned until Monday morning, nine o'clock. 



MONDAY, JuNB 14, 1847. 



Convention assembled pursuant to adjournment. 

Prayer by Rev. Mr. Barger. 

The journal of Friday was read and corrected. 

Mr. Ballingall presented the certificate of election of one of his col- 
lei^ues, David L. Gregg, delegate from the county of Cook; 

James M. Lasater, member of the convention elect, from the county 
of Hamilton, also presented his certificate of election; 

Whereupon, Messrs. Gregg and Lasater appeared, and the oath of 
office was administered by James W* Keys, esq. 



Digiti 



zed by Google 



June 14.] JOURNAL OF THE CONVENTION. 35 

The president announced the following &8 the standing committees of 
the convention: 

On the Ezectdive Department. — Messrs. Lockwood, Rountree. Vance, 
Manly, Sharpe, Huston, Evey, Worcester, Hay and Frick. 

On the Judiciary Department. — Messrs. Scates, Logan, Henderson, 
Ballingall, Hoes, Harlan, Farwell, Minshall, Wead, Davis of Massac, and 
Huribut. 

On the Legislative Department. — Messrs. Dement, Williams, Dale, 
Constable, Thompson, Z. Casey, Witt, Servant, Marshall of Ma^n, 
Peters, Judd, Rives, Pace, Powers and Heacock* 

On the BUI of Rights. — Messrs. Caldwell, Grim8haw,Trower, Cross of 
Winnebago, Webber, Knapp of Jersey, Garter, Atherton, Hunsaker and 
Sim. 

On Incorporatians-^Messn. Harvey, Dummer, Bosbyshell, Edmonson, 
Green of Tazewell, Anderson, Kinney of St. Clair, Allen, Whitney, Spen- 
cer and Lasater. 

On Revenue. — Messrs. Z. Casey, Thomas, Green of Clay, Knox, 
Laughlio, Palmer of Marshall, tStadden, McClure, Eccles, Jones and 
Vernor. 

On Elections and Right of Suffrage. — Messrs. Davis of Massac, Green 
of Jo Daviess, Marshall oi Coles, Brown, Geddes, Ballingall, Hawley^ 
Armstrong, McCallen, Oliver and Knowlton. 

On Finance* — Messrs. (Sherman, Davis of Montgomery, Hogue, Archer, 
Robbins, Dunlap, Blakely, Brockman, Pratt, Mieurc, Harper, Roman, 
Hatch, Adams and West. 

On Education. — Messrs. Campbell of Jo Daviess. Edwards of Madi- 
son, Shumway, Smith, of Gallatin, Palmer of Macoupin, Pinkney, Ma» 
th€ny, Choate, Harding, Churchill, Turner, Tutt, Robin^n and Shields. 

Oil the Organization ^qf Depai'tments and offices connected with the Ex* 
tctUive Department. — Messrs. Archer, Gregg, Edwards of Sangamon, 
Miller, McCully, Lander, McCallen, Church, AkiO) Loudon, Kinney* of 
Bureau, Sibley, Kenner and Mofiett. 

On the Division of the State into Counties and their Organization. — 
Messrs. Jenkins, Lasater, Blair, Markley, Graham, Simpsoni Mason, 
Cross of Woodford, Turnbull,* Caftady and Hill. 

On the Militia and Military Affairs. — Messrs. Whiteside, Morris, JameSy 
HcHatton, Deitz, Holmes, Kreider, Huston, Tuttle, Smith of Macon, 
Dawson, Moore and Jackson. 

On the Revision and Adjustment of the articles of the Constitution adop' 
ted by this convention^ and to provide for the alteration and amendment of 
the same. — Messrs. Edwards of Madison, Scates, Logan, Allen, Knowl- 
ton, Butler, Singleton, Holmes, Caldwell, Norton, Farwell, Gregg, Wood- 
ton and Thomas. 

On Miscellaneous subjects and questions. — Messrs. Grain, Bunsen, 
Campbell of McDonough, F. S. Casey, Colby, Cross of Woodford, 
Dunn, Dunsmore, Lemon, Linley, Nichols, Smith of Macon , and North* 
cott. 

On Law Reform. — ^Messrs. Hayes, Knapp of Scott, Woodson, Thorn- 
ton, Kitcbell, Davis of McLean, Bond, Norton, ThoiQns, Kinney of St. 
jDlair, and Edwards of SangamoD* 



Digiti 



zed by Google 



36 JOURNAL OF THE CONVENTION. [June 14. 

Mr. Minshail withdrew the motion made by him on Friday last, to re- 
consider the vote taken upon concurring with the committee on Rules, 
in their adoption. 

On motion of Mr. Dement, 

Ordered, That two hundred copies of the rules and a list of the stand- 
ing committees be printed for the use of members of this convention. 

The president laid before the convention a communication from the 
scctelary of slate, in reply to a resolution of the convention, requesting 
a ^'statement of the amount and present condition of the school, college 
and seminary fund of this state and the prospects of their future receipts," 
&c., which was read, and 

On motion of Mr. Witt, 

Laid on the table. 

Mr. Shumway offered the following: 

Resolvedy That the following rules of action ought to be inserted in the 
new constitution: 

1st. On the final passage in either house of the general assembly of 
every act which imposes, continues or revives any appropriation of pub- 
lic or trust money or property; or releases, discharges, or commutes any 
claim or demand of the state, the question shall be taken by the yeas 
and najs, which shall be duly entered upon the journals, and three-fifths 
of all the members elected to either house shall, in such cases, be necessary 
to make a quorum therein. 

2d. No appropriation shall ever b3 paid out of the treasury of this 
state, or any of its funds, or any funds under its management, except in 
pursuance of an appropriation by law; nor unless such appropriation be 

made within years, next after the passage of such appropriation 

act; and every such law, making a new appropriation, or continuing or 
reviving an appropriation, shall distinctly specify the sum specified and 
the object to which it is applied, and it shall not be sufficient for such law 
to refer to any law to fix such sum. 

3d. The legislature shall not grant extra compensation to any officer, 
agent, servant or public contractor, after such public service shall have 
been performed, or contract entered into fop the performance of the same. 

4th. The legislature shall have power to make any deductions from the 
salaries of public officers who may neglect the performance of any doty 
that may be assigned them by iaw« 

On his motion, the resolution was referred to the committee on the 
Legislative Department. 

Mr. Dale offered the following: 

Resolved^ That tribunals of conciliation be establishe J, with powers and 
duties to be prescribed by law, whose judgment shall be obligatory on 
the parties where they voluntarily submit their matters in difference, and 
agree, before such tribunal, to abide the decision of such tribunal. 

Which, on his motion, was referred to the committee on the Judiciary 
Department. 

Mr. Dement offered the following: 

Resolved, That the order of proceeding in the amendment, revision or 
alteration of the present constitution of this state, shall be the reading of 
the articles and sections thereof, in their order, and referring them, 



Digiti 



zed by Google 



June 14.] JOURNAL OP THE CONVENTION. 37 

together with such amending proportions as maj seem expedient, to ap* 
propriate committees for their consideration. 

Mr. Brockman, moved to amend the resolution by striiting out all after 
the word "resolved/' and inserting the following: 

«' That the government of the state of Illinois, shall consist of three 
distinct and separate powers or departments, to*wit: 

1st* The executive, 

!id. The legislative, and 

3d. The judicial. • 

And no person or collection of persons, belonging to, or in anywise ex- 
ercisingthe powersof one of those departments, shall exert or exercise 
any powers properly attached to either oi the others, except in the in- 
stances herein expressly permitted. 

The supreme executive power of this state shall be vested in a chief 
magistrate, who shall be styled ^^the governor of the stale of Illinois,*' 
who shall be elected for the term of four years by the qualified electors 
of this state, at the time and places where they shall respectively vote 
for the members of the general assembly. He shall be^ at least, thirty- 
three years of age, and a citizen of the United States, and at his election 
he shall have been an inhabitant of this State for five years next prece- 
ding said election. 

There shall be a lieutenant governor elected for the same term of years, 
in the same manner, at the same time, and possess the same qualifications 
as the governor, who shall be, ex q^cio, speaker of the senate, and super- 
intendent of common schools, who shall receive an annual salary of 

dollars. 

Every governor so elected shall have power to appoint a secretary of 
state, by and with the consent of the senate and house of represen- 
tatives, who shall remain in office during the term for which the gov- 
ernor is elected, and who shall receive an annual salary of one thous- 
and dollars. 

There shall be in this state an auditor of public accounts, elected for 
the term of four years by the qualified electors of this state, who shall re- 
ceive an annual salary of fifteen hundred dollars. 

There shall be in this state a state treasurer, elected for the term of 
four years by the qualified electors of this state, who shall receive an 
annual salary of one thousand dollars. 

There shall be in this state an attorney general, elected fortho term cf 
four years by the qualified electors of this state, who shall receive an 
annual salary of eight hundred dollars,and who shall perform the duties 
of district state's attorney in the judicial district in which the capital is 
situated. 

The legislative power of this state shall be vested in two separate and 
distinct branches, to wit: a senateund house of representatives, to be styled 
*»the general assembly of the state of Illinois." 

The state senators shall be elected by the people for the term of four 
years, in the manner hereinafter prescribed, and each senator shall be 
above the age of twenty -five years, and a citizen of this state three years 
next preceding his election. 

The members of the house of representatives shall be elected by the 
people of this state far the term of two years, in the maniier hereinafter 

Digitized by VjOOQ IC 



38 JOURNAL OF THE CONVENTION IJune 14. 

pi escribed, and each member shall bo above the age of twenty one 
years, and a citizen of this state three years next preceding his election. 

The senate shall be composed of forty members, who shall be elected 
from senatorial districts to bo created by the legislature, and based upon 
the ratio of the free white inhabitants of this state. Each member shall re- 
ceive three dollars per day during the session of the general assembly. 

The house of representatives shall be composed of one hundred mem- 
bers, for thirty yearsnext succeeding the adoption of the constitution, who 
shall be elected from representative distiTcts to be created by the legis- 
lature, based upon the ratio of the free white inhabitants of this state. 
Each member shall receive three dollars per day during the session of the 
general assembly* 

The general assembly of this state shall convene at the capital on the 
first Monday in January, 184-, and biennially thereafter; the sessions 
thereof, whether general or special, shall not be for a longer term than 
sixty days, but the governor shall have power to prolong said sessions, if 
in his opinion the interests of the people demand the same. 

The senate and house of representatives shall have power to elect a 
public printer, and each body shall elect such other officers as shall be 
necessary for the speedy transaction of business. 

The judicial power of this state shall be vested in one supreme court, 
and ten circuit courts. The supreme court to be composed of three 
members, who shall be elected by the people by general ticket, and who 
shall serve for a term of eight years, and each justice thereof shall re- 
ceive an annual salary of fifteen hundred dollars. Said supreme court shall 
hold its sessions semi-annually, on the first Monday in June and December 
at the capital of this state. 

The judges of the circuit courts shall be elected in judicial circuits by 
the qualified voters thereof, and shall serve for a term of four years and 
shall receive annual salaries of one thousand dollars each. 

The people of each judicial circuit shall electa state's attorney, who 
shall receive an annual salary of three hundred dollars, and shall serve for 
the term of four years. 

Each county in this state shall elect a clerk to its respective circnit 
court, who shall serve for a term of four years. 

All regular elections for members to the Congress of the United States, 
and for state and county offices, sh^ll be on the first Monday of October. 

All free white male inhabitants of this state, being natives of the United 
States, and all aliens who first shall have filed in a proper court of record 
their intentions bona fide to become citizens of the United States, and 
who shall have resided in this state one year, shall be qualified electors and 
admitted to exercise the right of sufifrage upon paying a capitation tax. 

There shall be a county court established in each county in this state, 
to be composed of the justices of the peace thereof, to be elected every two 
years. Said court shall have jurisdiction over all county matters and county 
revenues and also probate jurisdiction, and have the settlement of all 
estates of deceased persons. 

All assessments of property, whether real, personal or mixed shall be 
ad valorem. 



Digiti 



zed by Google 



June 14] JOURNAL OP THE CONVENTION. 39 

There shall be a capitation tax of one dollar levied upon each and 
every free white male inhabitant of thiA state over the age of twenty- 
one years. 

The legislature of this state shall not create any bank or banking priv- 
ileges of any name or nature whatever, and no institution shall be crea- 
ted in this state vested with power to issue bills of credit. 

Mr* Worcester moved to amend the amendment by striking out the 
words: 

^'The house of representatives shall be composed of one hundred mem- 
bers," and the words, ^*the senate shall be composed of forty members/' 
and insert in lieu thereof the following: 

^^The senate shall consist of twenty members; the house of representa- 
tives of fifty members, until the year l^GO, when, if the legislaLurc shall 
deem proper, it may increase the number of both houses ten members, to 
be in the same ratio^ and so on, increasing ten members every ten years 
thereafter, never however to exceed one hundred." 
On motion of Mr. Robbins, 

The amendment and the amendment to the amendment were laid on 
the table* 

Mr. Churchill moved to amend the resolution by striking out all after 
word ^resolved," and inserting in lieu thereof the following: 

'^Th.it the convention now receive resolutions and propositions to be 
referred to the committee on the Executive Department.*' 

The question being taken upon amending the resolution, it was decided 
in the negative. 

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 was on the adoption of the 
resolution offered this morning by Mr. Dement, which he modified so as to 
make it read thus: 

Resolvtdy That in convention the order of proceeding in the amend- 
ment, revision or alteration of the present constitution of this state, shall 
be to take it up and read in their order the articles and sections thereof; 
or referring the amending propositions to appropriate committees for their 
consideration: 

Resolved, That so much of the constitution as relates to the executive 
department be committed to the committee on the Executive Department. 

That so much as relates to the judiciary be committed to the committee 
on the Judiciary Department. 

So much as relates to the legislative department be referred to the 
committee on the Legislative Department. 

So much as relates to the bill of rights to the committee on the Bill of 
Rights. 

So much as relates to incorporations to the committee on Incorporations. 

So much as relates to revenue to the committee on Revenue. 



Digiti 



zed by Google 



40 JOURNAL OP THE CONVENTION. [June 14 

So much as relates to elections and the right of suflrage, to the com* 
mittee ou Elections and the Right of SuflTrage. 

So much as relates to finance to the committee on Finance. ' 

So much as relates to education to the committee on Education. 

So much as relates to the organisation of the departments and officers 
connected with the executive departments, to the committee on the or^ 
ganization of the Departments and oflicers connected with the Executive 
Department. 

So much as relates to the division of the State into counties, and their 
organization, to the committee on the Division of the State into Coon- 
ties and their Organization; and i 

So much as relates to the militia and military afiaira to the commit- 
tee on the Militia and Military Affairs. 

Mr. Shumwaj moved to amend said resolutions by striking out all after 
the word "resolved,*' and insert the following: 

^^That the different portions of the present constitution shall be referred 
to the appropriate committees for their consideration and action by report. 
And that this convention proceed to the further consideration of the 
amendment, rcvisioh and alteration of the constitution, by considering, 
in convention or in the committee of the whole, such propositions for 
amendments as may be submitted to this convention." 

And the question having been taken upon amending the resolution as 
proposed, it was decided in the negative. 

The question was then taken upon the adoption of the resolution as 
modified, and decided in the affirmative. 

So the resolution as modified was adopted. 
On motion of Mr. Woodson, 

Resolved^ That whenever a standing committee shall report to this con- 
vention, said report shall be taken up and considered and disposed of be- 
fore any other proposition shall be taken up. 

Mr. Markley moved that the vote taken upon Mr. Dement'S modi- 
fied resolution, adopted this afternoon, be rc-considered; which, under the 
rule, lies over to a subsequent day. 
On motion of Mr. Minshall, 

The order of business specified in Mr. Dement's modified resolution, was 
suspended for to-day. 

Mr. Markley offered the following: . 

Resohedj That the committee on Incorporations be and they are here- 
by instructed to report an amendment of the constitution, prohibiting 
forever within this slate the incorporation of any bank or company for 
banking purposes, and the manufacture and emission by any company, 
copartnership, or individual, of any bank note, or other paper designed 
to circulate as paper money. 

Mr. Pratt moved to amend the resolution by striking out ail after the 
word "resolved," and inserting in lieu thereof the following: 

'«That the standing committee on Incorpora:ions be instructed to in- 
q\iire into the expediency of reporting the following provisions, to be 
adopted in the amended constitution: 

" 1. There shall be no bank of issue or discount within this state. 



Digiti 



zed by Google 



fiine 14.] JOURNAL OP THE CONVENTION- 41 

<* 2. The legislature shall not have power to authorise or incorporate, 
»y anj general or special law, any bank or other inttitution having any 
mnking power or privilege, or to confer upon any corporation^ institu- 
ion^ person, or persons, any banking power or privilege* 

*^ 3. It shall not be lawful for any corporation, institution, person, or per* 
(onsy within this state, under any pretence or authority, to make or issue 
%ny paper money, note, bill, certificate, or other evidence of debt, intended 
LO circulate as money. 

^* 4. It shall not be lawful for any corporation within this state, under any 
pretence or authority, to exercise the business of receiving deposits of 
money, making discounts, or buying oi selling bills of exchange, or to do 
euiy other banking business whatever. 

^' 5. No bank or agency of any bank or banking institution of the United 
Slates, or any state or territory within or without the Ui^j^ States, shall 
be established or maintained within this state. 

*' 6. It shall not be lawful to circulate within this state, after the year 
1848, any paper money, note, bill, certificate, or other evidence of debt 
whatever, mtended to circulate as money, issued without this state, of any 
denomination less than ten dollars; after the year 1850, of any dcnomi- 
nation less than twenty dollars. 

^ 7. All payments made, or business transactions done, in paper money, 
in this state, and coming within the meaning of the last section, are de» 
dared to be utterly void; and the legislature shall, at its first session after 
the adoption of these amendments, and from time to time thereafter as it 
may be necessary, enact adequate remedies for the punishment of all vio- 
lations and evasions of the provisions of the preceding section." 

Mr. Laughlin moved to amend the amendment by substituting in lieu 
thereof the following: 

'^That the legislature of this state shall have no power to incorporate 
any baak or banks, or other monied institution, without such act of in« 
corporation being first sanctioned by a direct vote of the people of this 
state." 

On motion of Mr. Thomas, 
The resolution and annendments were referred to the committee on In- 
corporations. 

Mr. West ofiereA the following: 

Resolved^ That no ex post facto law, nor any law impairing the validity 
of contracts, nor any law lessening the remedy of creditors in the collec- 
tion of debts from the remedy in force at the time of contracting such 
debts, nor any law legalizing the suspension of specie payments by any 
bank hereafter created in this state shall ever be passed. 

On his motion, it was referred to the committee on the Judiciary De- 
partment 

On motion of Mr. Harvey, 
Resolved^ That the constitution of this state be so amended as to abolish 
the council of revision. 

On motion of Mr. Edmonson, 
Resohedf That the committee on Revenue be instructed to report to 
this convention an amendment to the constitution, declaring that the leg- 
islature shall never assess the value of property subject to taxation, and 



Digiti 



ized by Google 



42 JOURNAL OF THE CONVENTION. [June 14. 

providing that all taxable property shall be assessed at its intrinsic value 
bjr an assessor appointed for that purpose. 

Mr. Dawson offered the following: 

Whereas the good people of this state require at our hands economy 
in every department thereof; therefore, be it 

Resolved^ That this convention will prnhibit the establishment of the 
office of public printer, and all printing thereafter shall be done by the 
lowest responsible bidder, under proper regulations of law. 

On his motion, the preamble and resolution were referred to the com- 
mittee on Finance. 

Mr. Dawson offered the following: 

Resolved by this conventiony That all taxes arising from pleasure car* 
riages, gold and silver watches, gold and silver plate, money at interest, 
and bank stock, shall forever be applied by the legislature for common 
school purposes. All lines and forfeitures accruing to the state shall be 
added to the school fund. 

On his motion, the resolution was referred to the committee on Fi* 
nance. 

On motion of Mr. Archer, 

Resolved^ That the committee on the Executive Department be in- 
structed to inquire into the expediency of so amending the constitution 
as to limit, by some proper restrictions, the pardoning power of the exec- 
utive of this state, and that they report such amendments for that pur- 
pose as they may deem expedient. 

Resolved^ That the committee on the Legislative Department be in- 
structed to inquire into the expediency of so amending the constitution as 
to prohibit the legislature from borrowing any money upon the credit of 
the state, until the bill providing therefor shall have been submitted to 
and received the sanction of the people, except to meet an emergency 
requiring the immediate use of money before the vote of the people can 
be taken, and then only to a limited amount; and that said bill shall fur- 
ther provide for the payment of interest and principal, and that said law 
be irrepealable until the same is paid; and that said committee report 
'such amendments as they may deem necessary to effect such objects. 

Mr. Dement offered the following: ^ 

Resolved^ That the amended constitution shall contain an article or sec- 
tions, limiting the number of members of the general assembly of this 
state to the number of one hundred, and that there be thirty senators and 
seventy representatives, both to be elected for two years only. 

Mr. Z. Casey moved an amendment to the resolution, by which he pro- 
posed to strike out all after *« resolved," and add: 

"That the committee on the Legislative Department be instructed to 
inquire into the expediency of amending the present constitution by pro- 
viding — 

<* h That the number of members shall be sixty — forty in the house, 
and twenty in the senate. 

"2. That they meet once in two years. 

•'3. That their sessions do not exceed sixty days. 

«4. That their per tficm allowance be fixed at two dollars." 



Digiti 



zed by Google 



June 14] JOURNAL OF THE CONVENTION. 43 

Mr. Edmonson moved to add, as a substitute for the amendmeot, thus: 

*<Tbat the committee on the Legislative Department be and arc here* 
by instructed to report to this convention the following amendments: 

*^ L The general assembly of this state shall meet, biennially, on the 
first IVlonday in January. 

^^2. The genernl assembly of this state shall not remain in session a 
longer period than sixty days. 

*^3. The number of senators and representatives in the general assem- 
bly of this state shall not exceed one hundred. 

^^4. The members of the general assembly of this state shall severally re- 
ceive from the public treasury a compensation for their services, of two 
dollars per day, during their attendance on, going to, and returning from 
the sessions of their respective houses.^ 

On motion of Mr. Markley, ^ 

The resolution and amendments were referred to the committee on the 
Legislative Department. 

On motion of Mr. Butler, 

Resolvedy That the committee on the Judiciary Department be instructed 
to inquire into the expediency of abolishing the county commissioners' 
court, and substituting a precinct or township organization instead 
thereof. 

Resolvedf That the committee on Elections and the Right of Suffrage 
be instructed to inquire into the expediency of changing the day of gen« 
eral elections, and fixing the same on the first Monday of November an- 
nually. 

Mr. Woodson ofl^ered the following: 

Art — • The legislature shall provide by law for the levy and collec- 
tion of a capitatioA tax, on each male person over the age of twenty-one 
years, residing in this state, of not more than one dollar per annum. 

On his motion, the same was referred to the committee on Revenue. 
On motion of Mr. Shumway, 

Resolved, That the committee on the Judiciary Depai tment be instructed 
to inquire into the expediency of inserting the following in the new con- 
stitution: 

No judge of the supreme or circuit courts shall be appointed or elected 
to any office of honor, profit, or trust under the government of this state 
during the term for which he shall have been elected, except that a judge 
of the circuit court may be elected to the supreme court: Provided, that 
if any judge shall resign his ofiice, he shall be ineligible to any office for a 
longer period than twelve months after such resignation. If any judge 
shall oflferor consent to be a candidate for any office under the government 
of the United States, such offer or consent shall be taken and considered 
a voluntary resignation of his office. 
On motion of Mr. Jones, 

Resoivedy That the committee on the Legislative Department be in- 
structed to inquire into the expediency and propriety of limiting the num- 
ber of members of the general assembly to ninety, to wit, sixty in the 
house of representatives and thirty in the senate, until the inhabitants of 
the state shall amount to one million, to be apportioned among the several 
counties or districts, to be established by law, according to the number of 



Digiti 



zed by Google 



44 JOURNAL OP THE CONVENTION. iJune 14. 

white inhabitants; an^ that said commiUee also inquire into the expediency 
and propriety of granting power to the legislature to increase the number 
of members of the general assembly afler the said inhabitants shall amount 
to one mitiioR, in a ratio not exceeding one representative for every six- 
teen thousand, and one senator for every thirty-two thousand inhabitants, 
over and above the said millioiu until the number of members shall amount 
to one hundred and twenty. 

Resolved^ That the same committee inquire into the propriety of appor- 
tioning the representation to the general assembly in conformity with the 
limitations contained in the foregoing resolution, and of providing that all 
elections for members of the general assembly, to be held after the adoption 
of the constitution, be held in conformity with the said apportionment, 
until otherwise directed by law. 

Mr. Campbell of Jo Daviess offered the following: 

L Resolved, That the committee on the Judiciary be requested to inquire 
into the expediency of so amending the constitution that sheriffs shall be 
elected for the term of three years, and shall not be eligible for more than 
one term consecutively. 

2. Resolved, That the committee on the Legislative Department be re- 
quested to inquire into the expediency of abolishing the office of lieutenant 
governor. 

3. Resolved, That a committee of five be appointed by the president of 
the convention, to ascertain, if possible, on what terms an official reporter 
of the debates herein can be employed, and report the same to this con- 
vention at their earliest convenience. 

On motion of Mr. Wead, 

The second resolution was amended by adding to it the words, ^ and also 
the attorney general.-' 

Mr. Kitchell moved to amend the third resolution by adding thereto the 
following: 

^< And that tlie committee inquire into the probable expense of printing 
and publishing one thousand copies of the reports." 

The question having been taken on agreeing to the amendment, it was 
decided in the negative. 

Mr. Markley demanded a division on the first two resolutions; and the 
question having been taken upon the adoption of the first two resolutions, 
as amended, it was decided in the affirmative. 
On motion of Mr. Palmer of Marshall, 

The third resolution was indefinitely postponed. 

On request of Mr. Caldwell, he was excused from serving on the com- 
mittee on the Bill of Rights. 
On motion. 

The convention adjourned until to-morrow morning, nine o'clock* 



Digiti 



zed by Google 



June 15.] JOURNAL OF THE CONVENTION. 45 

TUESDAY, J0NB 15, 1847. 



ConventioD assembled pursuant to adjournmeDt. 

Prajer bv Rev. Mr. Bailey. 

The journal of yesterday was read and corrected. 

Mr. Farweil presented the petition of forty-seven of the inhabitants of 
the state of Illinois praying the creation of the office of state superintend- 
ent of common schools; which was read, and, 
On motion of Mr. Farweil, 

Referred to the committee on Education. 

Mr. Thornton presented a petition si<^ned by William Morgan and oth- 
ers on various subjects; which was read, and, on his motion, referred to 
the committee on Miscellaneous Subjects and Questionj. 

The motion submitted yesterday by Mr. Markley, to reconsider Mr. 
Dement's modified resolution, adopted yesterday afternoon, was taken up 
for consideration; 

The question was then taken on the reconsideration of the vote on the 
first resolution, and decided in the affirmative. 
On motion of Mr. Eccles, 

The 'same resolution was laid on the table until the first day of January 
next. 

The preamble, propositions, and resolution offered by Mr. Jenkins on 
the 11th instant, and laid on the titble, were, on his motion, taken up. 

Mr. Jenkins moved that the propositions be referred to committees spe- 
cified in the resolution, as follows: 

The first, second, third and eighth propositions to the committee on the 
Judiciary Department; 

The fourth, fifth, seventh, and twelfth propositions to the committee on 
Elections and the Right of Suffrage; 

The sixth proposition to the committee on Finance; 

The ninth, tenth and fourteenth propositions to the committee on the 
Legislative Department; 

The eleventh proposition to the committee on Incorporations. 

The thirteenth proposition to the committee on Revenue. 

Mr. Markley moved the previous question; 

The question was then put, — ^ Shall the main question be now putf * 
and decided in the affirmative. 

The question was then put on the motion of Mr. Jenkins, and decided 
in the affirmative. 

Mr. Davis of McLean offered the following: 

Resoiredf That the committee on the Judiciary inquire into the expedi- 
ency of organizing the judiciary on the following basis: 

1. A supreme court of three members, (having appellate jurisdiction 
only,) to be chosen in separate districts, by the qualified electors thereof 
for a term of nine years. Provision to be made for so classifying thos« 
elected that one shall be elected every third year. After the expiration 
f^ their terms under such classification the term of their office shall be 
nine yean. Said judges to receive an annual salary of f 1,900, to be re- 

Digitized by VjOOQ IC 



46 JOURNAL OF THE CONVENTION. [June 15" 

eligible, but incapable of holJiog any office of trust or profit for the terms 
for wliich they were elected, and two years thereafter. 

2. A clerk of said court, to be chosen by the qualified electors of the 
state at large, for a term of three years. 

'3. A division of the state into number of circuits, and a judge 

to be elected in each circuit, by the qualified electors thereof, for a term 
of six years, to receive an annual saUry of one thousand dollars, to be 
ineligible for a second election, or for any office of trust or profit, until two 
years after his term of office shall have expired. Said courts, in addition 
to their present jurisdiction, to have exclusive probate jurisdiction. 

4. A clerk of said court to be elected in each county by the people 
for a term of three years, who shall be ex-officio recorder of deeds. 

5. A circuit attorney, to be elected by the qualified electors of each 
judicial circuit for a term of six years, and to have an annual salary of 
$300. 

6. The times for electing judges to be at a different time from the gen- 
eral election of state officers. 

Mr. Campbell of Jo Daviess moved to amend the resolutions by addicg 
the following: 

Reiolvedf That the state be divided into supreme judicial distncts, 

in each of which one term of the supreme court will be held annually. 

Mr. Powers moved to amend the amendment by stiiking out all after 
the word '• resolved " and insert in lieu thereof the following: 

<* That the judges of the supreme court shall hold one term of court 
annually in each of the judicial circuits.^' 
On motion of Mr. Kitchell, 

The resolution and amendments were referred to the committee on the 
Judiciary Department. 

On motion of Mr. Smith of Macon, 

Resolvedy That the committee on Revenue be requested to inquire into 
the expediency of so amending the constitution as to prohibit the legi$i!»- 
ture from pledging the faith of the state for the payment of a lai^er sum 
than fifty thousand dollars, without first submitting the amount and its 
objects to the people, at a general election, and receive their approval. 

Also to inquire into the expediency of locating the seat of government 
in the constitution. 

On motion of Mr. Shumway, 

Resolvedj That the committee oa the Legislative Department be re- 
quested to inquire into the expediency of prohibiting, by constit :nal 
provision, any member of the legislature from receiving 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. 
On motion of Mr. Church, 

Resolved^ Tliat the committee on the Bill of Rights be requested to in- 
quire into the expediency of so amending the 6th article of the present 
constitution that it shall provide that ^ there shall be neither slavery nor 
involuntary servitude in this state, otherwise than for the punishment of 
crimes whereof the party shall have l^en duly convicted. Nor shall BSif 
jMrson be deprived of iibert/ on account of co1<m*.'' 



Digiti 



zed by Google 



June 15.] JOURNAL OF THE CONVENTION. 47 

Mr. Knappof Scott offered the following: 

Resolved^ That the amended constitation shall provide that every bill 
which shall have been passed by both branches of the legislature shall, on 
receiving the approval and the signature of the governor, become a law 
of thi3 state; but if the governor jshall not approve the same, he shall re- 
turn ii to the house whence it originated, with his objections in writing, 
and if, on a full consideration of such objections, a majority of all the 
members elect in the two houses shall pass such bill, it shall become a law 
of this state, notwithstanding the objections of the governor. 

Resolved^ That the convention requests the several standing committees 
of this body, when they report, that they submit their conclusions in sec- 
tional form, without submitting the reasons by which they have arrived 
at them. 

Resolved f That the committee on Elections be requested to consider the 
propriety of fixing the time of electing judges on a different day from 
that fixed for the election of other officers, with a view to securing said 
judicial election as far as possible from partisan influence. 

Mr. Scates called for a division on the first resolution ; which resolu- 
tion, 

On motion of Mr. Knapp of Scott, 

Was referred to the committee on the Legislative Department. 

Mr. Wead called for a division on the remaining resolutions. 

Mr. Scates moved to amend the second resolution by striking out the 
words: ** without submitting the reasons by which they have arrived at 
them." 

The question having been taken, the amendment was rejected. 

The question having been taken on the adoption of the second resolu- 
tion, it' was decided in the affirmative. 

Mr. Shumway moved to amend the third rBsolution by adding thereto 
the following: 

*^ Resolved^ That the committee on Elections and the Right of Suffrage 
be requested to inquire into the expediency of giving the legislature con- 
stitutional power of excluding, by law, any person or persons who shall 
make, or become directly or indirectly interested in any bet or wager de- 
pending upon the result of any election, from the right of voting at such 
election." 

The question having been taken, the amendment was agreed to. 
_ The question having been taken on the resolution as amended, it was 
'd^f '.^d in the affirmative. 

Mr. Davis of Montgomery ofiered the following: 

Resohodf That the comiliittee on Bieotions inquire into the expediency 
of so amending the constitution as to have all voting at elections by ballot. 

Mr. Huribut moved to amend the resolution by adding thereto the fol- 
lowing: 

^< Resohed^ That the same committee be instructed to inquire into and 
report upon the expediency of so altering the S7th section of article 3d 
as to require that all electors shall be citizens of the United States.'' 

Mr. Marshall of Mason moved to amend the amendment by striking 
out all after the word '^ resolved,** and inserUng in Keu thereof the fol- 
lowing: ^^. 



Digiti 



zed by Google 



48 JOURNAL OP THE CONVENTION. IJune li 

** That the standing committee on Elections and the Right of Saflfragr 
be instructed to inquire into the expediency of reporting an amendmei:: 
to the present constitution providing that in all elections every free whit> 
male citizen of the United States, who shall have attained the age & 
twenty-one years, and shall have resided in the state twelve months, ai. 
in the county or district in which he may offer to vote one month ner 
preceding the election* shall enjoy the right of an elector : Protndti. 
That all foreigners exercising the right of suffrage in this state, at ibc 
time of the adoption of the revised constitution, shall thereafter be deen ] 
ed qualified electors. 1 

On motion of Mr. Davis of Montgomeiy, ] 

The resolution and amendments were referred to the committee oo Elec- 
tions and the Elective Franchise. 

On motion of Mr. Davis of Massac, 

Resolved^ That the committee on the Bill of Rights be and they are 
hereby instructed to inquire into the expediency of reporting the foUov- 
ingamendment to the present constitution* to wit: 

That in all criminal prosecutions the accused hath a right to be heard . 
by himself and counsel; to demand the nature and cause of accosatioi 
against him; to meet the witnesses face to face; to have compulsory pro- ; 
cess to compel the attendance of witnesses in his favor; and in proseco- 
tions by indictment or information, a speedy public trial by an impartial 
jury of the county or district, wherein the offence shall have been cois- 
mitted, which county or district shall have been previously ascertained by 
law; and that he shall not be compelled to give evidence against him- 
self. 

Mr. Dawson offered the following : 

Resolvedj That the committee on the Oi^anization of the Departmenti 
of State be instructed to inquire into the propriety of electing the gover- 
nor for the term of three years. The membNsrs of the genend assemblj 
to be elected at the same time the governor is elected, and to commence 
their session at the same time the eovernor is installed in office, and to 
serve only one session of sixty days within the three years for which the 

Sovernor was elected^ and each member receive two dollars per day for 
^eir services, and two dollars for every twenty miles going and coming 
to and from the seat of government, and no more. 

Mr. Campbell of Jo Daviess moved to amend the resolution by striking 
out the word '** two" and inserfing in lieu of it the word ** three." 

The question having been taken on agreeing to the proposed amend* 
ment, it was decided in the negative. 

The question having been taken upon the adoption of the resolution, it 
was decided in the affirmative. 

Mn Turner offered the following: 

Resolved^ That the committee on the Legislative Department be instruc- 
ted to inquire into the expediency of providing that no crime committed 
within this state shdl be punished by the inffiction of death upon the of- 
fender. 

..Mr. McCallen moved to amend said resolution by striking out all after 
the word '^ resolved/' and inserting the following in lien thereof: 



Digiti 



zed by Google 



JuM 15.] JOURNAL OP THE CONVENTION. 49 

^That the committee on the Judiciary be requested to inquire into the 
expediency of so amending the constitution as to abolish capital punish- 
ment forever — and that the pardoning power be taken from the governor 
in all cases where the punishment by the present constitution is death." 
On motion of Mr. Hayes^ 

The resolution and amendment were referred to the committee on Lirw 
Reform. 

On motion of Mr. Thornton, 

Resolved^ That the committee on Law Reform be requested to inquire 
into the expediency of so amending the constitution as that testimony in 
suits in courts of equity be taken in the same manner as in suits at law. 

Mr. Mo/Tett ofiered the following: 

Whereas the people of this state have been imposed upon by (he 
depreciated currency of other states — to partially remedy this evil, 

Resolved^ That from and after the first day of January, 1849, no bank 
bill shall be passed in this state, of a less amount than twenty dollars, and, 
in the event of a bank being established in this state, it shall not issue 
any bill of a less denomination than twenty dollars. 

Mr. Pratt moved to amend the same by substituting therefor the foliow« 
ing: 

Resolved, That the committee on Incorporations be instructed to report 
such provisions as will effectually prohibit the power of the legislature to 
create, or authorize any individual, company, or corporation with bank- 
ing powers in this siate. 

Resolvedj That said committee inquire into and report to the convention 
such provisions as are best calculated gradually to exclude from and pro* 
hibit the circulation in this state of bank bills under the denomination of 
twenty dollars. 

Mr. Hurlbut moved to amend the amendment by striking out all after 
*' resolved,^' and adding : 

*^That the committee on Incorporations be instructed to inquire into 
the expediency of so amending and altering the 31st section of article 
8th of the constitution, as to provide for the institution of a system of 
general banking laws, similar in principle with the propositions lately 
adopted in the constitution of tbe state of New York." 
On motion, 

Ordered^ That the article of the constitution of the state of New York, 
relating to corporations, be read. 

Mr. ^larkley moved that the pending amendment to the amendment be 
laid on the table until the 1st of January next 
On motion, 

The convention adjourned to 9 o'clock, to-morrow morning. 

4 / • -' ■ . 



Digiti 



zed by Google 



50 JOURNAL OF THE CONVENTION. [June 16- 

WEDNESDAY, Juxe 16, 1847. 

Convention assembled pursuant to adjournment. 

Prayer by Rev. Mr. Dresser. 

The journal of yesterday was read. 

Mr. Evey presented a petition of forty-nine citizens of Shelby county, 
praying that the number of senators and representatives be decreased to 
the number of seventy-five — that their per diem pay be fixed at two dol- 
lars, and to limit the length of sessions to sixty days, except upon extraor- 
dinary occasions, &c. 

On motion of Mr. Evey^ 

The petition was referred to the committee on MisceHaneous Subjects 
and Questions. 

Mr. Z, Casey, from the committee on Revenue, reported the following 
resolution, and recommended its adoption : 

Resolvsd, That the auditor of public accounts be requested to report to 
to this convention: 

1. The amount paid to the members of the last general assembly on 
account of their compensation per diem. 

2. The amount paid to the said members for their mileage. 

3. The amount paid to the officers and other; employed by the said 
general assembly. 

4. The amount paid for all printing done by order of the said general 
assembly, except the printing of the laws and journals. 

5. The amount paid for piinting the laws and journals of the said gen- 
eral assembly. 

6. The amount paid for binding the said laws and journals. 

7. The amount paid for stationery, fuel, and all other expenses not 
herein specified, as far as the same can be ascertained. 

The question was put upon concurring with the committee in their re- 
port, and decided in the affirmative. 

So the resolution was adopted. 

Mr. Kccles, from the committee on Revenue, which had been instructed 
by the convention to inquire into the expediency of providing in the new 
constitution for levying and collecting a poll tax, reported the following 
resolution, and asked for its adoption: 

Resohedf That the new constitution shall provide for a poll tax. 

Mr. Rountree moved to amend the resolution by adding thereto the fol- 
lowing: 

•*Pr(W2rferf, That the power to levy a capitation tax, by the legislature, 
be proposed as a distinct proposition for adoption or rejection by the peo- 
ple at the same time and places at which the vote shall be taken on the 
adoption or rejection of the new constitution; and if it shall appear that 
at said election, more votes are given in favor of said proposition than are 
given against it, the legislature shall, at its next session thereafter, pro- 
vide by law for levying such capitation tax, and continuing in force a law 
for the collection of a capitation lax ; Provided^ however^ That the non- 



Digiti 



zed by Google 



June IT.] JOURNAL OP THE CONVENTION. 5l 

payment of such tax shall not disqualify persons who are otherwise qual- 
ified voters from enjoying the rights of electors." 

Mr. Smith ot Macon moved co amend the amendment by adding there- 
to ihe following: 

** Provided^ That the legislature, in exercising this power, be limited to 
the sum of fifty cents upon the persons of all able-bodied men between 
the age of twenty-one and forty-five years, and this power not to be ex- 
ercised after the present public debt of the state shall have been liqui- 
dated.'' 

On motion of Mr. Thomas, 

The proposed amendments were laid on the table. 

Mr. Norton moved to amend the resolution by adding thereto the fol- 
lowing proviso: 

^^Provided, That no capitation tax shall be assessed against any person 
not entitled to vote under the constitution and laws of this state; And 
pt-avided^ further^ That said tax shall be set apart to the payment of the 
public debt until the same be paid.'* 
On motion, 

The convention adjourned to throe o'clock, p« m. 



THREE o'clock, P. M* 



The convention met pursuant to adjournment. 

The president appointed Mr. Allen to be a member of the committee 
on the Bill of Rights, in the place of Mr. Caldweli« excused. 
On motion of Mr. Geddes, 

Leave of absence was granted to Mr. Sharpe for eight days* 

The question pending at the adjournment this morning was on agreeing 
to the amendment offered by Mr. Norton to a resolution reported, by 
the committee on Revenue; after some time spent in the consideration 
thereof. 

On motion, 

The convention adjourned until to-morrow morning at 9 o'clock. 

THURSDAY, June 17, 1S47. 

Convention met pursuant to adjournment. 

Prayer by Rev. Mr. Hale. 

Mr. Archer presented the certificate of election of one his colleagues, 
Montgomery Blair, member from the county of Pike; 

Mr. Blair then appeared; the oath of office was administered to him by 
James W. Keys, esq.^ and he took his seat. 

The journal of yesterday was read and corrected. 

The question pending (under the resolution of the convention, provi- 
ding that when a report of a committee is made, it shall be disposed of, 
before any thing else is considered,) was upon the amendment offered by 



Digiti 



zed by Google 



52 



JOURNAL OP THE COVJENTION. IJune 17. 



Mr. Norton to the resolution reported yesterday by the committee on 
Revenue. 

On motion of Mr. Davis of Montgomery, 

The amendment was laid on the table. 

Mr. Linley moved to^amend the resolution reported by the committee 
on Revenue, by striking out all after the vford ^^resolved,*' and inserting in 
lieu thereof the following: 

*'Thatthe committee on Revenue be, and they are hereby instructed 
to report an amendment to the constitution so as to authorize the legisla- 
ture to levy a capitation tax not to exceed one dollar on all free white male 
inhabitants over the age of twenty-one years, when they shall deem it 
necessary." 

Mr. Powers moved to amend the proposed amendment by adding 
thereto the following: 

'*That no road tax shall hereafter be, levied in this state in the form of 
a capitation tax.^' 

On motion of Mr. Davis of Montgomery, 

The proposed amendment was laid on the table. 

Mr. Davis of Montgomery nK>ved the previous question. 

The question was then taken — ^^Shall the main question be now put?'' 
and decided in the affirmative. 

The question was then taken agreeing to the amendment proposed to 
the resolution reported by the committee on Revenue, and decided in the 
affirmative. 

The question was then taken, by yeas and nays, on concurring with 
the committee on Revenue, in the resolution reported, as amended. 

And decided in the affirmative, jjj^j ****!! ^49 

Those voting in the affirmative, are, 

Mr. Adams 
Anderson 
Archer 
Atherton 
Blair 
Blakely 
Brockman 
Bond 
Brown 
Grain 
Canady 
CaldweU 

Campbell of Jo Daviess 
F. S. Casey 
Cboata 
Cloud 
Bale 

Davis of Montgomery 
Davis of McLean 
Davis of Massac 
Dawson 
Deita* 
Dummer 
Dunlap 
Dansmore 

Edwards of Sanf^aiocn 
Eccles 



Mr. Edmonson 


Mr. Knox 


Eveyl 


Lander 


Graham^ 
Geddes 


LaDgblin 
Linley 


Green of Clay 
Green of Jo Daviess 


Lockwood 


Logan 


Green of Tazwell 


McCallen 


Grimshaw 


McClure 


Harding 


Manly 

Marshall of Coles 


Hawley 


Hay 


Marshall of Mason 


Hayes 


Mason 


Heacock 


Matbeny 


Henderson 


Mieure 


Hogue 
Holmes 


Miller 


MiosbaU 


HuDsak«r 


Moffett 


Hurlbut 


Moore \ 


Jackson 


Nichols 


James 


Nortbcotl 


Judd 


Oliver 


Knapp of Jersey 
Knapp of Scott 


Palmer of MacoupM 
Palmer of Marshail 


Kenner 


Peters 


Kinney of Bursatt 


Pinckney 


Kitchen 


Rives 


Kaowlton 


R^biMOft 



Digiti 



zed by Google 



53 



June 17.] JOURNAL OF THE CONVENTION. 



Mr. Romao 
Rountree 
Swann 
Shields 
Spencer 
Sberman 
Servant 
Sibley 
Sim 
Simpsoo 



Mr. Akin 
Allen 
Armitrong 
Ballingall 
Bunsen 
Batler 

Campbell of McDonough 
Carter 
Zadok Case J 
Constable 

Cross of Winnebafo 
Cross of Woodford 
Church 
Charchill 
Dement 

DOAO 

The preamble and resolutions introduced on Tuesday last, together 
with the amendments proposed by Messrs. Pratt and Hurlbut, came up 
for consideration. 

The question* pending on the adjournment on Tuesday evening, was 
upon laying on the table until the first of January next the amendment 
proposed by Mr. Hurlbut to the amendment proposed by Mr. Pratt to 
the resolution. 

Mr. Churchill moved to lay the whole subject on the table. 

Mr. Markley called for a division* so that the vote might first be taken 
on laying the amendment to the amendment on the table. 

The question was then taken, by yeas and nays, on laying the amend- 
ment proposed by Mr. Hurlbutto Mr. Pratt's amendment on the table, 

(Yeas, . . • . 99 



Mr. Sindeton 


Mr. Tuttle 


Smith of Gallatin 


Vance 


Smith of Macon 


Vernor 


Shumway 


Webber 


Thomas 


West 


Thompson 


Williams 


Trower 


Witt 


Turner 


Whiteside 


TuU 


Woodson. 


egative, arc, 




Mr. Edwards of Madison 


Mr. Loudon 


Farwell 


McCully 


Frick 


McHatton 


Harlan 


Markley 


Harper 


Morris 


Harvey 


Norton 


Hatch 


Pace 


Hill 


Pratt 


Hoes 


Powers 


Huston 


Robbins 


Jenkins 


Scates 


Jones 


Stadden 


Kreider 


Thornton 


Kinney of St, Clair 


Tnmball 


I^nater 


Wead 


Lemon 


Whitney 




Worcester. 



And decided in the affirmative, 



iNays, 



60 



Those voting in the affirmative, arc, 



Mr. Akin 
Allen 
Anderson 
Archer 
Armstrong; 
Atherton 
Blair 
Blakely 
Ballingall 
Brockmau 
Bond 

Bosby shell 
Brown 
Bvnsen 



Mr. Batler 
Crain 
Caldwell 

Campbell of Jo Daviess 
Carter 
F. 8. Casey 
Z. Casey 
Cboate 
Constable 
Cross of Woodford 
Cloud 
Dale 

Davis of Montgomery 
Davis of Massac 



Mr. Dawson 
Dement 
Dunn 
Dunsmore 
Eccles 
Evey 
Farwell 
Frick 

Green of Clay 
Green of Jo Daviess 
Hatch 
Hawley 
Hayes 
Ueacock 



Digiti 



zed by Google 



54 



JOURNAL OF THE CONVENTION. 



iJuHe 17. 



Mr. Henderson 


Mr. McClure 


Mr. Rountree 


Hill 


McHatton 


Scates 


Hoes 


Manly 
Markley 


Stadden 


Hogue 


Shields 


Hunsaker 


Mason 


Sherman 


James 


Moffett 


Sim 


Jenkins 


Moore 


Simpsoii 


Jones 


Morris 


Smith of Gallatin 


Knapp of Scott 


Nichols 


Shumway 


Kyider 


Oliver 


Thompson 


Kinney of Bureau 


Pace 


Trower 


Kinney of St. Clair 


Palmer of Macoupin 


Tutt 


Lasater 


Palmer of Marshall 


Vernor 


Laugblin 


Pratt 


Wead 


Linley 


Peters 


Webber 


Logan 


Powers 


West 


Loudon 


Robbins 


Williams 


McCallen 


Robinson 


Witt 


McCiilly 


Roman 


Whiteside. 


Those voting in the negative, are, 




Mr. Adams 


Mr. Harvey 


Mr. Minshall 


Canady 


5^7 
Holmes 


Nortbcott 


Campbell of McDonough 


Norton 


Cross of Winnebago 


Hurlbnt 


Pinckney 


Church 


Huston 


Rives 


Churchill 


Jackson 


Swan 


Davis ot Me Lean 


Judd 


Spencer 


Deitz 


Knapp of Jersey 


Servant 


Dummer 


Kenner 


Sibley 


Dunlap 


Kitcbell 


Singleton 


Edwards of Madison 


Knowlton 


Smith of MacoD 


£dwards of Sangamon 


Knox 


Thomas 


Edmonson 


Lander 


Tb^ornton 


Graham 


Lemon 


Turn bull 


Geddes 


Lockwood 


Turner 


Green of Tazewell 


Marshall of Coles 


TutUe 


Grimshaw 


Marshall of Mason 


Vance 


Harding 


Matheny 


Whitney 


Harlan 


Mieure 


Woodson 


Harper 


Miller 


Worcester. 



The question then came up on laying the amendment proposed by 
Mr. Pratt on the table. 

Mr. Rountree asked for a division, so that the vote might be taken in 
regard to the first proposition embraced in the proposed amendment. 

The question was then taken, by yeas and nays, on laying the first pro- 
position so embraced on the table, 

(Yeas, . . . .102 



And decided in the affirmative, 



(Nays, 



68 



Those voting in the affirmative, are, 



Mr. Adams 
Anderson 
Atherton 
Blakely 
BuUer 
Canady 

Campbell of McDonough 
Cboate 
Cross of Winnebago 



-. Cloud 


Mr. Dunsmore 


Church 


Edwards of Madison 


Churchill 


Edwards of Sangamon 


Davis of McLean 


Eccles 


Dawson 


Edmonson 


Deitz 


Evey 
Fricis 


Dummer 


Dunlap 


Graham 


Dunn 


Geddes 



Digiti 



zed by Google 



June 17.] JOURNAL OF THE CONVENTION. 



55 



Mr. Green of Clay 


Mr. Knox 


Mr. Rives 


Green of Jo Daviess 


Lander 


Bobbins 


^ Green of Tazewell 


Lemon 


. Robinson 


Grimsbaw 


Lockwood 


Swan 


Harding 
Harlan 


Logan 
Loudon 


Spencer 
Snerman 


Harper 


McCallen 


Servant 


Harvey 


McClure 


Sibley 


Hatch 


McHatton 


Singleton 
Smith of Macon 


Hawley 


Manly 


Hay 


Marshall of Ooles 


Shumway 


Heacock 


Marshall of Mason 


Thomas 


Henderson 


Mason 


Thornton 


Hill 


Matheny 


Trower 


Holmes 


Mieure 


Turn bull 


Hntlbat 


Miller 


Turner 


Huston 


Minshall 


Tutt 


Jackson 


Mofiett 


luttle 


Jodd 


Moore 


Vance 


Knapp of Jersey 


Morris 


Webber 


Knapp of Scott 


Northcott 


West 


Kenner 


Norton 


Williams 


Kinney of Bureau 


Palmer of Marshall 


Whitney 


Kitchen 


Peters 


Woodson 


Knowlton 


Pinckney 


Worcester. 


Those voting in the 


negative, are, 




Mr. Akin 


Mr. Dale 


Mr. Nichols < 


Allen 


Davis of Montgomery 


Oliver 


Archer 


Davis of Massac 


Pace 


Armstrong 


Dement 


Palmer of Macoupin 


Blair 


Farwell 


Pratt 


Ballingall 


Hayes 


Powers 


Brockman 


Hoes 


Roman 


Bond 


Hogue 


Rountree 


BosbysheU 


Hunsaker 


Scates 


Brown 


James 


Stadden 


Bunsen 


Jenkins 


Shields 


Grain 


Jones 


Sim 


Caldwell 


Kreider 


Simpson 


Campbell of Jo Daviess Kinney of St. Clair 


Smith of Gallatin 


Carter 


Lasater 


Thompson 


F. S. Casey 


Laugblin 


Vernor 


Z. Ca:ey 


Linley 


Wead 


Colb> 


McCully 


Witt 


Constable 


Markley 


Whiteside. 


Cross of Woodford 







The question was then taken, by yeas and nays, on laying on the 
table the second resolution embraced in the proposed amendment, 

And decided in the affirmative, i^^^ ' ' * ' *J^ 



the affirmative. |Yeaj, 



Those voting in the affirmative, are, 



Mr. Adams 
Anderson 
Atherton 
Blair 
Blakely 
BaUer 
Canady 
Colby 
Cross of Winnebago 



Mr. Church 
Churchill 

Davis of Montgomery 
Davis of McLean 
Dawson 
Deitz 
Dummer 
Dunlap 
Dttnsmore 



Mr. Edwards of Madison 
Edwards of Sangamon 
Eccles 
Evey 
Frick 
Graham 
Geddes " 
Green of Clay 
Green of Jo Daviess 



Digiti 



zed by Google 



56 



JOURNAL OP THE CONVENTION. 



[June 17. 



Mr. Green of Tazewell Mr. Knox 


Mr« Robinson 


Grimshaw 


Lander 


Rountree 


Harding 


Laughlin 


Swan 


Harlan 


Lemon 


Spencer 
Sherman 


Harper 


Lockwood 


Harvey 


Logan 


Servant 


Hatch 


Loudon 


Sibley 


Hawley 


McCallen 


Sim 


Hay 


McClure 


Simpson 


Heaeock 
Hill 


Manly 

Marshall of Coles 


Singleton 
Smith of Macon 


Hogue 
Holmes 


Marshall of Mason 


Thomas 


Mason 


Thornton 


Hansaker 


Matheny 


Trower 


Hurlbut 


Mieure 


Tumbull 


Jackson 


Morris 


Tomer 


James 


JTichols 


Tuttle 


Jones 


Northcott 


Vance 


Jndd 


Norton 


Webber 


Knapp of Jersey 


Palmer of Marshall 


West 


Knapp of Scott 


Peters 


Williams 


Kenner 


Pinckney 


Whitney 


Kinney of Bureau 


Powers 


Woodson 


Kitctaell 


Rives 


Worcester. 


Knowlton 


Robbins 




Those voting in the negative, are, 




Mr.«Akin 


Cloud 


Miller 


Allen 


Dale 


Minshall 


Archer 


Davis of Massac 


Moffett 


Armstrong 


Dement 


Moore 


Ballingatl 


Dunn 


Oliver 


Brockman 


Edmonson 


Pace 


Bond 


Farwell 


Palmer of Macoupin 


Bosbyshell 


Gregg 


Pratt 


Brown 


Hayes 


Roman 


Bunsen 


Henderson 


Scates 


Grain 


Hoes 


Stadden 


Gatdwell 


Huston 


Shields 


Campbell of Jo Davie«s 


Jenkins 


Smith of Gallatin 


Campbell of McDonoagh 


Kreider 


Sham way 


Carter 


Kinney of St. Clair 


Thompson 


F. S. Casey 


Lasater 


Tutt 


Z. Casey 


Linley 


Vernor 


Cboate 


McCullv 


Wead 


Constable 


McHatt'on 


Witt 


Cross of Woodford 


Markley 


Whitetide. 



Mr. Moffett then withdrew the resolution offered by him. 

Mr. Kobbins presented the petition of James Bilderback and eleven 
others, citizens of this State, praying that a homestead of 160 acres, or a 
town lot of one acre^ with the improvements, be exempted from mortgage 
or forced sale, &c.; which was read. 

Mr. Robbins moved that the petition be referred to a select committee 
of five. 

On motion of Mr. Scates, 

The petition was referred to the committee on Law Reform. 

Mr. Jones presented the petition of William M. Elliot and fifty-seven 
others, citizens of the county of Perry, in this State, praying for the ex- 
tension of tHe principles of the declaration of independence, and to grant 
protection and security irrespective of color, &c.*, which was read. 



Digiti 



zed by Google 



June 17.] jgURNAL OP THE CONVENTION. 



57 



Mr. Singleton moved to lay the petition on the table until the first day 
of December, 1848. 

Mr. Jones moved that the. petition be referred the committee on Elec- 
tions and the Right of Suffrage. 

Mr. Kinnej of St. Clair moved to lay the petition on the table. 

The question was (hen taken, by yeas and nays, on laying the petition 
on the table. 

And decided in the negative, j J^*^^» ; \ • \ jjq 

Those voting in the affirmative, are, 



Mr. Akin 


Mr. Cloud 


Mr. Markley 


Allen 


Davis of Montgomery 


Mieure 


Archer 


Davis of Massac 


Minshall 


Atherton 


Dawson 


Morris 


Blair 


Edmonson 


Giver . , 


Blakely 


Evcy 


Pace ' '"\ 


Ballingall 


Green of Clay 


Peters 


Brockman 


Hay 


Rives 


Bonsen 


James 


Robinson 


CraiD 


Jenkins 


Roman 


Caldwell 


Kreider 


Shields 


Campbell of McDoDOugb Kinoey of St. Clair 


Singleton 


Carter 


Lasater 


Smith of GallaUn 


F. S. Casey 


Linley 


Smith of Macon 


Z. Casey 

Cross 01 Woodford 


McCuUy 


Thornton 


McHatton 


Vemor 


Those voting in the 


negative, are, 




Hr. Adams 


Mr. Grimshaw 


Mr. Logan 


Anderson 


Harding 


Loudon 


Armstrong 


Harlan 


McCallen 


Bond 


Harper 


McClure 


Bosbyshell 


Harvey 


Manly 

Marshall ot Coles 


Brown 


Hatch 


Butler 


Hawley 


Marshall of Mason 


Canady 


Hayes 


Mason 


Cboate 


Hcacock 


Mathcny 


Colby 


Henderson 


Miller 


CoosUble 


Hill 


Moffett 


Cross of Winnebago 


Hoes 


Moore 


Church 


Hogue 
Holmes 


Nichols 


Churchill 


Northcott 


Dale 


HunsaVer 


Norton 


Davi s of McLean 


Hnrlbut 


Palmer of Macoupin 


Deitz 


Huston 


Palmer of Marshall 


Dement 


Jackson 


Pratt 


Dummer 


Jones 


Pinckney 


Dnnlap 


Judd 


Powers 


Donn 


Knapp of Jersey 


Robbins 


Dunsmoie 


Knapp of Scott 


Rountree 


Edward* of Madison 


Kenner 


Scates 


Edwards of Sangamon 


Kinney of Bureau 


Stadden 


Eccles 


Kitchen 


Swan 


Frick 


Knowlton 


Spencer 
Sherman 


Graham 


Knox 


Geddes 


Lander 


Servant 


Green of Jo Daviess 


Laughlin 


Sibley 


Green of Tazewell 


J^mon 


Sim 


Gregg 


Lockwood 


Simpson 



Digiti 



zed by Google 



Mr. Tutt 


Mr. Williams 


Tuttle 


Whiteside 


Vance 


Whitney 


Wead 


Woodsou 


Webber 


Worcester 


West 





58 JOURNAL OF THE CONVENTION. [June 17. 

Mr. Shumwaj 
Thomas 
Thompson 
Trower 
TumbuU 
Turner 

The question was then taken on referring the petition to the committee 
on Elections and the Right of Suffrage, and decided in the affirmative. 

Mr. Scales, from the committee on the Judiciary Department, reported 
the following: 

I Resolved^ That the clerk of the supreme court report to this convention 
the number of causes decided and determined by the said court at each 
sitting since the year 18i0, and the number now pending and undisposed 
of. 

The question having been taken on concurring with the committee in 
the adoption of the resolution, it was decided in the affirmative. 
w Mr. Sherman, from the committee on Finance, to which were referred 
the resolution and amendment proposing that all taxes arising from pleas- 
ure carriages, gold and silver plate, money at interest, bank stock, togeth- 
er with fines and forfeitures to the state, be added to the school fund, re- 
ported the same back and recommended its rejection. • 
On motion of Mr. Markiey, 

The report and resolution were laid on the table. 

Mr. Scates, from the committee on the Judiciary Department, which 
was instructed by resolution '* to inquire into the expediency of so amend- 
ing the constitution, that sheriffs ehall be elected for the term of three 
years, and shall not be eligible for more than one term consecutively," 
reported the same back and requested to be discharged from the consid- 
eration of the subject. 

The question having been taken on discharging said committee, it was 
decided in the affirmative. 

Mr. Scates, from the same committee, which was instructed by resolu- 
tion ^* to inquire into the expediency of abolishing the county commission- 
ers^ court, and substituting a township or precinct organization instead 
thereof,'* reported the same back and asked to be discharged from its fur- 
ther consideration; and also recommended the repeal of the 4th section of 
the schedule. 

The question was taken on discharging the committee, and decided in 
the affirmative. 

On motion of Mr. Thomas, 

The report recommending the repeal of the 4th section of the sche- 
dule was laid on the table. 

Mr. Scates, from the same committee, to which w«s referred a resolu- 
tion in relation to tribunals of conciliation, with powers and duties to be 
prescribed by law, &c., reported the same back and asked to be discharg- 
ed from its further consideration. 

The question having been taken upon discharging the committee, it was 
decided in the affirmative. 

On motion of Mr. Markiey, 

The resolution was laid on the table. 



Digiti 



zed by Google 



June 17.] JOURNAL OF THE CONVENTION. 59 

Mr. Scales, from the same committee, which was instructed by resolu- 
tion to inquire into the expediency of providing that no ex post faclo law, 
nor any law impairing the validity of contracts, &c. shall ever be passed, 
reported the same back and asked to be discharged from its further con- 
sideration. 

The question was taken on discharging the committee, and decided in 
the affirmative. 

On motion of Mr. Caldwell, 

The resolution was referred to the committee on the Bill of Rights. 
On motion of Mr. Rountree, 

The resolution offered by him some days since, contemplating the cre- 
ation of a court of record, composed of justices of the peace, the aboli- 
tion of the county commissioners^ court, &c., was taken from the table, 
and referred to the committee on the Judiciary Department. 
On motion of Mr. Brockman, 

The resolution offered by him, proposing that hereafter no new county 
be created by the legislature of this state, having an area of less than four 
hundred square miles, was also taken from the table, and referred to the 
committee on the Division of the State into counties and their Organiza- 
tion. 

On motion of Mr. Worcester, 

The preamble and resolution offered by him proposing the creation, by 
the constitution of Illinois, of the office of state superintendent of com- 
mon schools, and of county superintendents, was taken up, and referred 
to the committee on Education. 

On motion of Mr. Brockman, 

The resolutions offered by him in relation to the organization of the 
government, and of the several departments thereof, were taken from the 
table, and leave granted him to withdraw them. 
Onmotionof Mr. Scates, 

The resolutions offered by him containing divers propositions for modi- 
fying the present organization of executive, judicial, and legislative de- 
partments of government, and instructing the several committees on those 
departments to inquire into the expediency of such propositions, were ta- 
ken from the table. 

The question was put upon the adoption of the resolutions, and deci- 
ded in the affirmative. 

On motion of Mr. Lockwood, 

Resolved^ That the committee on the Legislative Department be iii- 
structed to inquire into the propriety of incorporating into the revised 
constitution the following provisions, to wit: 

1. No divorce shall be granted by the legislature. 

2. No lottery shall be authorized by the laws of this state, and no tick- 
et in any lottery shall be bought or sold within (his state. It shall be the 
duty of the legislature to provide by law for the punishment of all per- 
sons \^ho shall violate this provision of the constitution. 

3. No private or special law siiall be passed authorizing the sale of 
any lands belonging in whole or in part to a minor or minors, or other 
persons who may at the time be under any legal disability to act them- 
selves. 



Digiti 



zed by Google 



60 JOURNAL OP THE CONVENTION. IJuneV 

On motion of Mr. Edmonsoay 

The resolution offered bj him instructing the committee on the Jadich 
Tj to inquire into the cxpediencj of abolishing the office of county r? 
cordcry&c; and a resolution offered bj him instructing the commii:: 
on the Judiciary to inquire into the expediency of aboHshing the offia: 
probate justice, d&c, were taken from the table. 

Mr. Minshall moved to refer the resolutions to the committee on Ls* 
Refer r. 

Mr. Hurlbut called for a division of the question. 

The question was then taken on referring the first resolution to the ccs- 
miltee on Law Reform^ and decided in (he a£Bimative. 

The question was taken on referring the second resolution to the sssd' 
committee, and decided in the affirmative. 

Mr. Churchill offered the following: 

Resolved^ That the committee on Incorporations be instructed, by t.- 
convention, to report two propositions to be submitted to the people «e»' 
their direct vote; one which shall eventually and effectually prohit it :h 
circulation of all paper money as a currency, the other giving to the ge:< 
eral assembly power to pass a restricted general banking law ; the resthc- 
tions to be embraced in the report. 

Mr. McCallen moved to amend the resolution by striking oat all afiief 
the word <* resoh'ed,'' and inserting in lieu thereof the following: 

** That the committee on Incorporations be requested to inquire iotc 
the expediency of incorporating an article into the new constitution to 
prohibit the legislature from incorporating any bank or monied institu- 
tion for the purpose of emitting bills of exchange or discounts, exceptis 
hereinafter provided. 

*' 1. It shall be the duly of the clerks of all the precinct elections of th^ 
state to open a poll at every general election to be held in t^e state to 
take a vote for or aginst a bank. 

" 2. Should a majority of all the votes be cast in favor of a bank, thea 
the legislature may proceed at their next general session to incorporates 
state bank and branches; Provided^ kw>ever^ that no bank, so chartered, 
shall ever proceed to issue or discount any bill, until all the stock prori- 
ded for in said charter shall be paid in coin. 

«*3. No bank chartered by the legislature shall ever issue bil!^ to ex- 
ceed three times the amount of capital paid in, under a penalty of a for- 
feiture of their charter. 

*' 4. No bank, so chartered, shall ever proceed to issue bills until each 
individual stockholder shall amply provide for the redemption of such is- 
sues by giving a mortgage on real estate for double the amount of his stock 
so subscribed. 

«^5. Nothing in this constitution shall be so construed as to prevent 
the congress of the United States from estabhshing a branch or branch- 
es of a national bank within the limits of this state.'' 
On motion, 

The convention adjourned until to-morrow moiTiing, 9 o'clock. 



Digiti 



zed by Google 



June 18.] JOURNAL OF THE CONVENTION. 61 

FRIDAY, June 18, 1847. 

The convention met pursuant to adjournment 

Prayer by the Rev. Mr. Green of Tazewell, a member. 

The journal of yesterday was read and corrected. 

The president laid before the convention a communication from the 
clerk of the supreme court, in reply to a resolution of this convention, 
calling for information in relation to the number of causes at certain times 
determined in said court, &c.; which was read, and referred to the com- 
mittee on the Judiciary Department. 

Mr. Norton moved that the committee on the Judiciary Department 
procure the printing of the communication from the clerk of the supreme 
court, just read and referred to that committee, for the use of the con- 
vention. 

On motion of Mr. Brown, 

The motion was laid on the table. 

Mr. Hayes, ironi the committee on Law Reform, to which was referred 
a resolution offered by Mr. Turner, proposing ^^ that the commiftee on 
the Legislative Department be instructed to inquire into the expediency 
of providing that no crime committed wilhin this state, shall be punished 
by the infliction of death upon the offender;'* and also an amendment 
proposed thereto by Mr. McCallen, proposing *' that the committee on the 
Judiciary be requested to inquire into the expediency of so amending the 
constitution as to abolish capital punishment forever; and that the par- 
doning power be taken from the governor ^'n all cases where the punish- 
ment by the present constitution is death,'' reported the same back and 
asked to be discharged from the further consideration of the same." 

The question was then taken on discharging the committee, and deci- 
ded in the affirmative. 

On motion of Mr. Hayes, 

The resolution and amendment were laid on the table* 

Mr. Lockwood, from the committee on the Executive Department, 
which had been instructed by resolution, offered by Mr. Scates, to inquire 
into the expediency of inc<trporating into the constitution of this state 
sundry modifications of the present organization of the department, made 
report asking to be discharged from the further consideration of proposi- 
tions contained in said resolution, numbered 7» 8, 9, 10, and 11, and that 
the same be referred to the committee on the Judiciary Department, and 
also recommending the incorporation into the constitution of the follow- 
ing 

ARTICLE — : 

Sjbction 1. Thie c^qcutive power of the state shall be vested in a 
gjoveroAT^ 

Sec. 2. The governor shall be chosen by the electors of the members 
of the general assembly, at the same places and the same manner that they 
shall respectively vote for members thereof. The returns for every elec- 
tion of governor shall be sealed up and transmitted to the seat of govern- 
ment by the returning officers, directed to the speaker of the house of 



Digiti 



zed by Google 



C2 JOURNAL OF THE CONVENTION. [June 18. 

representatives, who shall open and publish them in the presence of a ! 
majority of the members of each house of ihe general assembly. The 
person having the highest number of votes shall be governor; but if two 
or more be equal and highest in votes, then one of them shall be chosen 
governor by joint ballot of both houses of the general assembly. Con- 
tested elections shall be determined by both houses of the general assem- 
bly in such manner as shall be prescribed by law. 

Sec. 3. The governor shnll hold his office for the term of four years, 
and until another shall be elected and qualified; but he shall not be eligi- 
ble for more than four years in any term of eight years. 

Sec. 4. No person except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this constitution, shall be eli- 
gible to the office of governor; neither shall any person be eligible to that 
office, who shall not have attained to the age of thirty-five years, and 
been ten years a resident within this state. 

Sec. 5. The governor shall, at stated times, receive for his services the 
sum of twelve hundred and fifty dollars per annum, which shall neither 
be increased nor diminished during the period for which he shall have been 
elected; and he shall not receive within that period any other emolument 
from the United Slates or any of them. 

Sec. 6. Before he enters upon the execution of the duties of his office, 
he shall take the following oath or affirmation, to wit: ** I do solemnly 
swear, (or affirm,) that I will faithfully execute the duties appertaining 
to the office of governor 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 lime to time, give the general assembly infor- 
mation of the state of the government and recommend to their consider- 
ation such measures as he shall deem expedient. 

Sec. 8. The governor shall have power to grant reprieves, comoiuta- 
tions, and pardons after conviction, for all ofTences, except treason and 
cases of impeachment, upon such conditions and limitations as he may 
think proper, subject to such regulations as may be provided by law rela- 
tive to the manner of applying for pardons. Upon conviction for treason 
be shall have power to suspend the execution of the sentence until tbe 
case shall be reported to the general assembly at its next meeting, when 
the general assembly shall either pardon the convict or commute the sen- 
tence, direct the execution of the sentence 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 con- 
vict, the crime for which he was convicted, the sentence and its date, and 
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 f^tale to them, when assembled, the 
purpose for which they shuU have been convened, and the general assem- 
bly shall be limited in their action to such matters only as the governor 
shall lay before them. 

Digitized by VjOOQ IC 



June 18.] JOURNAL OP THE CONVENTION. 63 

Sec. II. He shall be commander-in chief of the army and iiavj of this 
state, and of the militia, except when they shall be called into the service 
of the United States. 

Sec. 12. In case of the disagreement between the two houses with 
respect to the time of adjournment, the governor shall have power to ad- 
journ 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. 13. 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. 14. The lieutenant governor shall, by virtue of his office, be speak- 
er 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. 15. Whenever the government shall be administered by the lieur 
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, refuse 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- 
ate, 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 adminster 
the government, and shall, while in such administration, resign, die, or be 
absent from theistate during the recess of the general assembly, it shall be 
the duly 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 case 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 er 
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 oise 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 sign it; but if not, he shall return it with his 
objections to t^iat house in which it shall have originated, who shall enter 

Digitized by VjOOQ IC 



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, notwithstandiog 
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 mein« 
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 retuin, 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 daysyor be a law« 

Sbo. 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. 

Skc. 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 lOth 
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 intoCoun* 
ties, <kc., 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 recoonmitted, with 
iostructions to that committee as follows: 

'^To report a provision to be inserted in the constitution, providing tliat 
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 



Digiti 



zed by Google 



Jun€ 18.] JOURNAL OP THE CONVENTION. 65 

taken to less contents than four hundred square miles; nor shall anj conn- 
Xy be laid oflf 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: 

^^ And that no county shall be divided or have any part thereof stricken 
oflf 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 for 
the same.'' 

Mr. Geddes offered the following as an amendment to be added to the 
amendment: 

^Resohedy 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 scat of any county from any position nearly central to 
a position more remote from the centre.*' 
On moti«m, 
The convention adjourned to 3 o'clock, p. m. 

THRBB 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 ofTcred 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 amend.nent to be added to the 
amendment: 

^* Any portion of a county may be stricken ofT and added to a county 
which does not contain an area of four hundred square iriles, upon a vote 
of three-fourths of the legal voters in favor of the same, within the boands 
of the district proposed to he stricken off*; and provided it does not con- 
flict with 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, j j^^^g' \ \ \ [ li3 
5 



Digiti 



zed by Google 



66 



JOURNAL OF THE CONVENTION. 



[Jlfft€l& 



Those Totiog in the affirmatiTe, are, 



Mr. AkiD 



Mr. Cloud 



Allen 
Archer 
Blair 
Bosbjsbeli 

BlOWB 

Butler 

Grain 

Canady 

Caldwell 

Campbell of McDonoogli 

Carter 

Z. Casej 



Dale 

Dement 

Dunsmore 

Edwards of Mftditon 

Grah«m 

Harding 

Hayes 

Heacock 

Jenkins 

Jadd 

Knapp of Jersey 

Kreider 



Those voting in the negative, are. 



Mr. Adams 
Anderson 
Armstrong 
Atberton 
Blakely 
Ballingall 
Broekmaa 
Bond 
Bunsen 

Campbell of Jo DaTiess 
F. S. Casey 
Choate 
Colby 

Cro»s of Winnebago 
Church 
Churchill 

Davis of Montgomery 
Davis of McLean 
Davis of Massac 
DawsoQ 
Deitz 
Dummer 
Dunlap. 
Diuin 

Edwards of SangamoD 
Eccles 
Edmonson 
Evey 
Frick 
Geddes 
Green of Clay 
Green of Jo DavieW 
Gre«>n of Tazewell 
Gregg 
Harlan 
Harper 
Harvey 
Hatch 



Mr. Hawley 
Hay 

Henderson 
Hill 
Hoes 
Ho^ie 
Holmes 
Hunsaker 
Hurlbut 
Huston 
Jackson 
James 
Jones 

Knapp of Scott 
Kenner 

Kinney of Bureau 
Kinney of St. Clair 
Kitchell 
Knox 
Lander 
Laughlin 
Lemon 
Linlpy 
Lock wood 
Logan 
McCiilIy 
McClure 
McHatton 
Manly 

Marshall of Coles 
Marshall of Mason 
Mason 
Mii*ure 
Min«hall 
M fft-tt 
Moore 
Morris 
Nichols 



Mr. Lasater 
Loudon 
McCalleB 
Markley 
Norton 
Pace 
Pratt 
Powers 
Ro(nan 

Smith of Gallatia 
Tutt 
Tuttle 



Mr. Noitbcott 
Oliver 

Palmer of Macoupin 
Palmer of MarahnU 
Pinckney 
Rivps 
Bobbins 
Robinson 
Rountreo 
Scales 
Stadden 
Swan 
Shields 
Spencer 
Sherman 
Servant 
Sibley 
Sim 

Simpson 
Singleton 
Shu m way 
Thomas 
Thompson 
Thornton 
Trower 
Turn boll 
Turner 
Vance 
Vernor 
VITead 
Webber 
West 
Wil iaras 
WhitpFide 
Whilney 
Woodson 
H orcesler. 



On motion of Mr Hogne, 
The amendment to the nmrndment was laid on the table. 

(Jn motion of Mr*. Davis of Montgomery^ 
The previinia question was ordered. 

The question was accordingly f nken on agreeinf? to the amendment pro- 
posed by Mn Logan, and decided in the affirmative. 



Digiti 



zed by Google 



June 1ft] JOURNAL OF THE CONVENTION, 67 

The question was then stated to be on the motion of Mr. Davis of Mc- 
Lean, to re-commil the resolution with the instructions as amended; 

Mr. Vance called for a division of the question, so that the vote might 
be taken on the first clause of the instructions as amended; 

The question was then taken on re-committing the resolution with the 
first branch of the proposed instructions, down to the words ^^ square 
miles,^' and decided in the affirmative. 

Mr. Canadj called for a iurther division to enable the convention to 
vote separately on the several other clauses of the proposed instructions. 

The question was then taken on re-committing with the second branch 
of the instructions to the word *< contents," and decided in the affir- 
mative. 

The question was then taken on the third branch of the instructions to 
the word '^ established^'* and decided in the affirmative. 

The question was then taken on the remaining brunch of the instruc- 
tions, and decided in the affirmative. 

Mr. Dement, from the committee on the Legislative Department^ re- 
ported the following resolution, and recommended its adoption: 

Resolved^ That the committee on the Legislative Department be in- 
structed to report a provision of the constitution, fixing the number of 
senators in the general assembly at twenty-five, and the number oi repre- 
sentatives at seventy -five, and that they proceed to divide the state into 
senatorial and representative districts with reference to those numbers, 
upon the basis of the census of 1845. 

Mr. Worcester moved to amend the resolution by striking out the words 
" twenty-five," and inserting in lieu thereof the word " twenty," and by 
striking out the words "seventy-five," and inserting in lieu thereof the 
word «• sixty." 

Mr. Thomas called for a division of the pending question, that the vote 
might be taken first on striking out. 
On motion^ 

The convention adjourned to to-morrow morning at nine o'clock. 



SATURDAY, June 19, 1847. 



The convention assembled pursuant to adjournment. 

Prayer by Rev. Mr. Bailey. 

The journal of yesterday was rea'l. 

The question, pending at the adjournment yosterday, was on striking 
out the words " twenty five" and •* seventy five," in the resolution report- 
ed by Mr. Dement from the committee on the Legislative Department. 

Mr. Worcester withdrew his motion, made on yesterday, to ptrike out 
of the resolution the words " twenty five'* and ** seventy-five," and to in- 
sert in lieu thereof the words "twenty" and *• sixty." 

Mr. Scates moved to amend the resolution by striking out the words 
"scventv-five" and ** twenty-five." 
On motion, 

The convention adjourned until three o'clock, p. m. 



Digiti 



zed by Google 



68 JOURNAL OF THE CONVENTION. [JuneZl. 



p. M. 



The convention assembled pursuant to adjournment. 

The question, ponding at the adjournment, was on the motion of Mr. 
Scatcs, to strike out the words "twenty five" and *• seventy-five** from 
the resoluiion reported ou yesterday by Mr. Dement* 

Mr. Scales ituuJiHed his motion, so as to make it one, also, to insert 
<' forty" in lieu of <• seventy five," and "twenty" in iieu of "twenty-five.** 

Mr. Caldwell called lor a division of the pending question, that the 
vole might be taken first on striking out "seventy-five," and next on 
striking out " twenty-five/' 

The question was then taken on striking out the word " scventy-fivey^' 
and decided in the negative. 

The question was then taken on striking out the word "twenty-five," 
and derided in the negative. 

Mr Deitz moved to amend the revolutiov by striking out the word 
"they," and inserting in lieu thereof the word?, "a committee of one 
from each senatorial district be appointed, who shali.^' 

Mr. Sherman moved to amend the amendment by striking out the 
words, "one from each jsenatorial district," and insert in lieu theieof the 
words, " three from each judicial circuit." 

Mr. Kitchell moved to lay the amendments on the table. 
On motion, 

The convention adjourned until Monday morning, at nine o'clock. 

MONDAY, June 21, 1847. 



The convention assembled pursuant to adjournment. 

Prayer by Kev. Mr. Bergen. 

The journal of Saturday was read. 

The question, pending at the last adjournment on Saturday, was on the 
motion of Mr. Kitchell, to lay the amendments, proposed by Mr. Deitz 
and Mr. Sherman, to the resolution reported by Mr. Dement from the 
committee on the Lc|]:i>l»tive Department, on the table. 

Mr. Kitchell withdrew that motion. 
On motion of Mr. Ilobbins, 

The order of business was suspended to enable him to introduce a reso- 
lution; when he offered the following: 

Resolved, That the convention now proceed to elect an additional sec- 
retary, whose duty it shall be to copy the journal of its proceedings. 

The question having beeri taken, the resolution was rejected. 

Mr. Dement moved to reconsider the vote just taken, to enable him to 
offer an amendment to the resolution. 

The question having been taken, it was decided in the negative. 
On motion of Mr. Minshall, 

The order of business was suspended to enable him to offer a resolu- 
tion; when he offered the following: 



Digiti 



zed by Google 



June 21.] JOURNAL OP THE CONVENTION. 69 

Resolved^ That the committee on the Legislative Department be in- 
structed to inquire into the expediency of amenoiiig the present consiitu- 
lion bj striking out the 31 st section of the 2d article, which provides for 
the enumeration of all the while inhabitants in every fifth year, and sub- 
stituting therefor, in the revised constitution, .a provision for the adoption 
of the census taken in this slate every ten ye;*rf by*the government of 
the United States. 

On motion of Mr. Minshall, t - 

The resolution was laid on the table. 

On motion of Mr. Scales, "^ ; .l , 

The order of business wrs suspended to enable him to offer n resolution; 
when he reported, from the committee on the Judiciary Department, the 
following: 

Resolved^ That the clerks of the respective circuit courts in this state 
be requested to communicate to this convention the number of causes 
upon the common law docket for each teim since the year 1840, or since 
the court was erected; the number of appeals from* magistrates since 
that time; the number of original causes; the number of cases di-jjosed 
of on said docket in each term; the number of cases undisposed of at 
the last term of the court; the number of causes on the chancery sidti of 
said courts at each term since 1810; the number of final decrees made 
at each term; and the number of such causes now outstanding, with the 
number of terms that each of said causes has been upon the docket. 
On motion of Mr. Dement, 

The resolution was hid on the table. 

The question recurred upon the amendment proposed hy Mr. Sherman 
to the amendment offered by Mr. Deilz to the resolution reported by 
Mr. Dement from the committee on the Legislative Department; when, 

Mr. Deitz withdrew the amendment proposed by him. 

Mr. Sherman moved to ami'ud the resolution by striking out the word 
**they,'' and inserting in lieu thereof the following: 

'* A committee of three from each judicial circuit of this state be ap- 
pointed; which committee shall." 

Mr. Singleton olfered the following amendment to the amendment 
offered by Mr. Sherman, as a substitute therefor: 

•' That a committee, consisting of two delegUes from each of the ju- 
dicial circuits of this state, be appointed by the president, with instruc- 
tions to divide the territory of this state into twenty five senatorial dis- 
tricts, equal in territory, without reference to the population; which 
division, when reported and adopted, shall be permanent and unalterable 
hj the legisiature.** 

On motion of Mr. Thomas, 

The amendment to the amendment was laid on the table. 

Mr. Harding offered the following, to be added to the amendment pro- 
posed by Mr, Sherman: 

"ProviV/erf, That in the present and in all future apportionments, in 
counties having an excess of less than on --third of the ratio, the excees 
shall be disregarded, and counties having two-thirds of the ratio shall 
have a member." 

On motion of Mr. Witt, 

The proposed proviso was bid on the table# * r^ i 

'^ ^ 3igitizedbyV^OOgle 



70 JOURNAL OF THE CONVENTION. {June 21. 

Mr. Harding offered the following proviso, to be added to the ameof!- 
ment: 

^* Provided^ That no county shall have more than one representative 
and one senator in the legislature." 
On motion of Mr. Singleton, 

The proposed proviso was laid on the table. 

Mr. Harding then offered the following proviso to the amendment: 

^^Providedf That in the apportionment of membent, the excess of popu* 
lation over the ratio of representation in any county shall not entitle the 
whole of the voters of said county to vote for an additional member, or 
members, with counties having less numbers than the ratio.'' 

Mr. Edwards of Madison moved to lay the amendments on the table. 

Mr. Harvey called Itr a division. 

The question was then taken on laying the proviso offered by Mr. Har- 
ding on the table, and decided in the negative. 

The qutstion was then taken on laying the amendment proposed by 
Mr. Sherman on the table, and decided in the negative. 

Mr. Hayes proposed to offer the following as a substitute for the pro- 
viso, which was accepted by Mr. Harding, as a modification: 

^* Provided, That when more than one county is thrown into one rep- 
resentative district, the entire number of representatives to which the 
counties placed in one district may be entitled shall be elected by the 
entire district." 

Mr. Harvey moved that the further consideration of the amendment to 
the amendment be indefinitely postponed. 
On motion, > 

The convention adjourned until three o'clock, p. u. 

TUREB o'clock, P. H. 

The convention met pursuant to adjournment* 

The question, pending at the adjournment, was on the motion, made 
by Mr. Harvey, to postpone indefinitely the amendment proposed by 
Hardmg to the amendment proposed by Mr. Sherman to the resolution 
reported by Mr. Dement from the committee on the Legislative Depart- 
ment. 

Mr. Logan moved to lay the last clause of the resolution and the pend- 
ing amendments on the table. 

The question having been taken, it was decided in the negative. 

Mr. Harvey withdrew his motion to postpone indefinitely the further 
consideration of the amendment proposed by Mr. Harding to the amend- 
ment. 

Mr. Harding withdrew his amendment to the amendment. 

Tt)e question was then taken upon agreeing to the amendment, pro- 
posed by Mr. Sherman to the resolution, and decided in the affirm alive. 

Mr. Harding offered the following proviso, as a further amendment to 
the resolution; which was adopted: 

" Provided^ That where more than one county is thrown into a repre- 
sentative district, the number of representatives to which the counties 
placed in one district may be entitled shall be elected by the entire dis- 
trict." 

Digitized by VjOOQ IC 



/ttite 21.] JOURNAL OF THE. CONVENTION. 71 

The question was then taken on the adoption of the resolution, as 
amended, and decided in the affirnnative. 

Ordered^ That iMessrs. Gregg, Whiteside, Whitney, Archer, Davis of 
Massac, Armstrong, Sim, Hogue, Davis of McLean, Kitcheli, Knapp of 
Jersey, Palmer of Macoupin, Dummer, Edmonson, West, Farwell, Pratt, 
McClure, Shumway, Vance, Harvey, Pinckney, Harlan, Hunsaker, Jack- 
son, MiLshall, and Hill, be the committee contemplated in the amended 
resolution* 

Mr. Servant presented the petition of Bryce Crawford and one hun- 
dred and fifty five others, citizens of the county of Randolph, praying for 
an extension of the principles of the dechiration of independence, and to 
grant security and protection irrespective of color; which was read, end, 
on his motion, referred to the committee on Elections and the Right of 
Suffrage. 

The president laid before the convention a communication from the 
auditor of public accouLts; which was re.td, as follows: 

AuDiTOR^s Office, Illinois, Jwm 19, 1847. 
To the honorable the President of the Convention: 

In reply to the resolution of the convention of the 16th instant, to wit: 

*^Resoh)ed^ That the auditor of public accounts be requested to report 
to this convention — 

<^ 1. The amount paid to the members of the last general assembly on 
account of their compensation per diem* 

^* 2. The amount paid to members for their mileage. 

'^ 3. The amount paid to the officers and others employed by the said 
general assembly. 

^4. The amount paid ^or all printing done by order of the said gene- 
ral assembly, oicept the printing of laws and journals. 

** 5. The amount paid for printing the laws and journals of the said 
general assembly. 

** 6. The amount paid for binding the said laws and journals. 

** 7. The amount paid for stationery, fuel, and all other expenses not 
herein specified, as far as the same can be ascertained:" 

I have the honor to report, that the amount paid to the members of the 
last general assembly for 13,4'^^ days, at .$4 per day, was $53,692 00 
Amdunt paid for 42,952 miles, at 20 cents per mile - 8,590 40 

Amount paid to officers and others ... 7,282 00 

Amount paid for printing current work - $1,966 66 

Amount paid for printing reports - 1,272 77 

Amount paid for printing journals - 1,251 25 

Amount paid for printing laws - - 1,217 99 

5,708 67 

Amount of paper used for printing •- . . 1,522 33 

Amount paid for binding laws and journals - - 1,359 23 

Amount paid for stationery .... 1,559 71 

Amount paid for fu( I - - . - . 666 03 

Amount paid for repairing halls, and assistant porter - 281 00 

I have the honor to be, with great respect. 

Your obe'dient servant, 

THO. H. CAMPBELL, 

Auditor of Public Accounts. 



72 JOURNAL OP THE CONVENTION. [June 22. 

On motion of Mr. Logan, 
The communication was laid on the table, and one thousand copies 
ordered to be printed. 

On motion of Mr. Henderson, 
The order of business was suspended to enable him to offer a resolu- 
tion, when he ofiered the following: 

Resolved, That the secretary of state be requested to report to this cod- 
vention the returns of the census of 1845, in the same lorm it was con¥* 
municated to the general assembly at its last session; and that, when so 
reported, two hundred copies be printed for the use of the convention. 
On motion of Mr. Turnliull, 
The resolution was laid on the table. 

On motion. 
The convention adjourned until to-morrow morning, at nine o^clock* 

TUESDAY, June 22, 1847. 

Convention assembled pursuant to adjournment. 

Prayer by Rev. Mr. Bailey. 

The journal of yesterday was read. 

Mr. Archer, from the committee on the Organization of Departments 
and offices conAected with the Executive Department, which was in- 
structed by resolution "to inquire into the propriety of electing the gov- 
ernor for the term of three years, the members of tfic general assemhiy to 
be elected at the same time the governor is elected, and to commence 
their session ai the sj»me time the governor is installed into office, and to 
serve only one session of sixty days within the term for which the gov- 
ernor was elected, and each member receive two dollars per day for their 
service?, and two dollars for every twenty miles going and coming to and 
from the seat of government, and no more,"' reported the same back, and 
asked to be discharged from the futher consideration thereof. 

The question was then taken on discharging the committee, and decided 
in the affirmative. 

On motion of Mr. Palmer of Macoupin, 

A resolution offered by him soniC days since, proposinfj "that the judi- 
dial system of this slate be composed of a supreme court," &,c., was taken 
from the table, and moditicd by him so as to instruct the committee on 
the Judiciary Department to inquire into the expediency of the proposi- 
tions and matters contained in said resolution. 

The question was then taken on the adoption of said resolution, as mod- 
ified, and decided in the affirmative. 

Mr. Scfttes moved that the resolution reported by him on yesterday 
from the committee on the Judiciary Department, proposing inquiries to 
the clerks of the several circuit courts in this state, be taken /rom the 
table. 

The question having been taken, it was decided in the negative. 
On motion of Mr. Hayes, 

The order of business was suspended to enable him to introduced reso- 
lation, when he ofiered the following: 



Digiti 



zed by Google 



June 2ri ] JOURNAL OP THE CONVENTION. 73 

Resolved^ That so much of the constitution as relates to a sjstem of ju« 
risprudence and the relative powers of courts ofchancerj and common 
law be leferrcd to the corftmitteeon Law Reform; and the committee on 
Law Reform is instructed to examine the following proposition, and re- 
port on the expediency of its adoption by this convention as one of the 
amendments to the constitution. It shall be the duty of the general assem- 
bly to provide for a codification of the laws, and after the ycur 18 9 
neither the common law nor any English statute shall be in force in this 
state, or regarded by the courts, except to aid in the exposition and con- 
struction ofthe laws of this state. 

The question having been taken, the resolution was adopted. 

Mr. Kenner moved that an amendment, offered by him some days since^ 
to a resolution proposing that "any portion of a county may be stricken 
off and added to a county which does not contain an area of four hundred 
square miles,*' &c., be taken from the table. 

The question having been taken, it was decided in the negative. 
On motion of Mr. West, 

The order of business was suspended to enable him to offer a resolution^ 
when he offered the following: 

Resolved^ That the journal ofthe convention be copied in a well-bound 
book or books, and that the copy be compared by the president and sec- 
retory, and all errors, if any, corrected once in every week; and that up- 
on the adjournment of the convention, the president and secretary shall 
make a certificate at the end of the journal, to the effect that said book 
or books contain a full and correct journal of the proceedings of the con- 
vention. 

It is further ordered that the secretary employ an assistant at not ex- 
ceeding three dollars per day, to copy the journal as provided for in the 
foregoing resolution, and it is further ordered, that the original journal, 
after being copied, compared and corrected, shall be furnished the public 
printer, to be used in printing the journals. 

Mr. Logan offered the following as an amendment to be added to the 
resolution: 

Resolved^ That the secretary of state be directed to furnish the secre- 
tary of this convention with the necessary books, in which to copy the 
journals of the convention. 

Resolved^ That the secretary of state be directed to contract for bind- 
ing the journals of this convention, and that he let the same to the lowrst 
responsible bidder, who is a practical binder, and a resident of this state, 
having given thirty days' notice of the letting of said binding. 
On motion of Mr. West, 

The previous question was ordered* 

The question was then taken on agreeing to the amendment, and de- 
cided in the affirmative. 

The question was then taken on the adoption of the resolution, as amen- 
ded, and decided in the afllirmative. 
On motion of Mr. Gregg, 

The report made by Mr. Lock wood, from the committee on the Execu- 
tive Department, on Friday last, was taken up and referred to acommit- 



Digiti 



zed by Google 



74 JOURNAL OP THE CONVENTION. [June 22. 

tec of the whole convention and made Ihe order of the day for Tuesday 
next. 

On motion of Mr. Pratt, 

Leave of absence was granted to Mr. Markley for ten days. 
On motion of Mr. Edwards of Sangamon, 

The order of business was suspended to enable him to o/Ter a resolu- 
tion; when he offered the following: 

Resohed^ That the committee on the Legislative Department be in- 
structed to inquire into the expediency of making the following amend- 
ments: 

L That the census shall hereafter not be taken under a law of the 
state, but the apportionment of members of the house and senate shall be 
based on the census of the United States once in ten years, and as soon 
as the returns can be laid before the legislature. 

2. That no member shall be eligible to any office, either under the 
state or general government, until after the expiration of the term for 
which he was elected, nor shall any member receive any compensation for 
the time he may be absent except in case of sickness. 

3. That the legislature shall provide for the assessment of properly 
once in years, making provision for the collection of the additional 
amount liable to taxation in the subsequent years. 

4. That no clnims against the state shall be allowed until proven and 
established before some tribunal and afterwards approved by tho le^i^la- 
ture. • *=* 

5. That the legislature shall pass no law authorizing any proceeding Jq 
any court affecting the property or the right of any individual other than 
is allowed under the general law of the land. 

6. That no retrospective act shall be passed. 

7. That one legislature shall pass appropriations for the ordinary and 
contingent expense'^s of the next, which shall not be increased, except by 
a vote of two-thirds of each house. ^ 

8. That the legislature shall provide by law for letting out by contract 
to the lowest responsible bidder, the furnishing the fuel, stationery, pii'nt- 
ing, copying, and distributing the laws and journals, and all other work 
and services that can be a§ well done by contract, nor shall any member 
or other officer be interested, either directly or indirectly, in any contract 

9. That neither house be allowed to choose more than a certain numl 
her of officers, to be fixed in the constitution. 

10. That no law shall be passed except by a majority of all the mem- 
bers of each house, and on the final passage of every bill the yeas and na vs 
shall be entered on the journal. ^ 

11. That no special arts for the incorporation of cities, towns, or com- 
panies shall be passed, nor shall any private acts be passed when the ob. 
ject of the law can be as well attained by the passage of a general Xaw 
nor shall the private acts be printed at the expense of the state. ' 

12. There shall be a general law authorizing the location of state 
roads. 

13. The legislature shall not exempt any persons from the payment of 
any portion of the taxes due by them to the state, nor shall any public 

Digitized by VjOOQIC 



June 22.] JOURNAL OP THE CONVENTION. 75 

officer, or his sureties, be released from the full amount of their liability to 
the state or county. 

Mr. Witt moved to strike out the first proposition. 
On motion of Mr. Davis of Montgomery, 

The motion was laid on the table. 

The question having been taken upon adopting the resolution, it was 
decided in the affirmative. 

Mr. Churchill moved to suspend the order of business to enable him to 
introduce a resolution. 

The question having been taken, it was decided in the negative. 

The presentation of resolutions being in order, 

The question pending was on agreeing to an amendment offered by 
Mr. McCallen to a resolution offered by Mr. Churchill on Thursday last. 

Mr. Gregg offered the following amendments to the amendmenu as a 
substitute therefor: 

^^ Resolvedy That the committee on Incr-porations be instructed to in- 
qaire into the expediency of so limiting the power of the general assom- 
blj, as to prohibit the-establishment of corporations or associations, with 
banking privileges, except upon the basis of the following provisions: 

**!. The general assembly shall have ho power to pass any act grant- 
ing any special charter for banking purposes; but corporations, or associ- 
ations, free to all the inhabitants of this state, may be formed for such 
purposes, under general laws. 

" 2. The general assembly shall have no power to pass any law, sanc- 
tioning in any manner, directly or indirectly, the suspension of specie pay- 
mcnts, by any person, association, or corporation, issuing bank notes of 
any description. 

'*3. The general assembly shall provide bv law for the registry of all 
bills, or notes issued, or put in circulation as money, and shall require am- 
ple security, by the pledge of public stocks, or otherwise, for the redemp- 
tion of the same in speciie. 

" 4. 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 ior all its debts nnd 
liabilities, and to make provision for the payment of such debts and liabil- 
ities, they shall he. required to furnish unexceptionable security of twice 
the amount of their respective shares in any such corporation or associa- 
tion. 

"5. In case of the insolvency of any banking association, the hill 
holders thereof shall be entitled to preference of payment over nil other 
creditors of such association. 

"6. The embezzlement of the funds or property of any corporation, 
or joint stock association for banking purposes, bv any officer or agent 
thereof, shall be deemed felony, and it shall be the duty of the genrral 
assembly to provide for the punishment of such felony by imprisonment 
in the penitentiary. 

"7. No act of the general assembly, authorizing corporations or as- 
sociations with banking powers, shall go into effect or in any manner be 
»n force, unless the same shall be directly submiUed to the people at the 



Digiti 



zed by Google 



76 



JOURNAL OF THE CONVENTION. [June 22. 



general election next succeeding the passage thereof, and shall be np- 
proved by a mnjoritj of all the votes ca<t at such election. 

"8. Any general law of this stale, authorizing the creation of corpo- 
rations or associations with banking powers, may be repealed by the gen- 
eral as33inbly.*' 

Mr« Gre^g moved to refer the resolution and amendments to the com- 
mittee on Incorporations. 

Mr. Logan moved to refer the whole subject to a committee of the whole 
convention, and make it the special order of the day for Friday next. 

The question having been taken on Mr. Logan^s motion, it was decided 
in the affirmative. 

Mr. Knox offered the following: 

Resolved^ That the committee on Elections &c., be instructed to inquire 
into the propriety of so amending the 27th section of the second article 
of the constitution as to limit the right of suffrage to all while male citi- 
zens^ <* above the age of twenty-one years, huving resided in the state six 
months next preceding the election/^ and to such white male inhabit- 
ants ( of the age aforesaid) as having resided in the state six months next 
preceding the ratification of the amendments to the constitution, shall 
havii declared their intention (o beconle citizens of the United States, and 
shall have omitted i\i due legal steps to perfect their citizenship. 

Mr. Whitney moved to amend the resolution by striking out the word 
•'white.'- 

The question was then taken thereon, by yeas and nays, 

... 8 

137 



And decided in the negative, Jm^*^' 



Those voting in the affirmative, are. 



Mr. Cross of Winnebago 


Mr. Judd 


Church 


Mason 


Deitz 


Swan 


Those voting in the 


negative, are, 


Mr. Adams 


Mr. F. S. Casey 


Akin 


Z. Casey 


Alien 


Choate 


Anderson 


Colby 


Archer 


Cross of Woodford 


Armstrong 


Cloud 


Atherton 


Churchill 


Blair 


Dale 


Blakely 


Davis of Montgomery 


Ballingall 


Davis of McLean 


Brock man 


Dawson 


Bond 


Dement 


Bosbyshell 


Dnmmer 


Brown 


Dunn 


Bunsen 


Dunsmore 


BiiUer 


Edwards of Madison 


Grain 


Edwards of Sangamon 


Canady 


Eccles 


CampbeUofMcDonough Edmonson 


Carter 


Evey 



Mr. Sibley 
Whitney. 



Mr. Farwell 
Frick 
Graham 
Geddes 

Green of Clay 
Green of Jo Davieas 
Green of Tazewell 
Gregg 
Griroshaw 
Harding 
Harian 
Harper 
Harvey 
Hatch 
Hay 
Hayes 
Heacock 
Henderson 
Hill 
Hoes 



Digiti 



zed by Google 



June 23.] 



JOURNAL OP THE CONVENTION. 



77 



Mr. Hoeoe Mr. 

Holmes 
HoDsaker 
Hurlbut 
Huston 
Jackson 
James 
Jenkins 
Jones 

Knapp of Jersey 
Knapp of Scott 
Kreider 
Kenner 

Kinney of Bureau 
Kinney of St. Clair 
Kitcbell 
Kcoz 
Lander 
Lasater 
Laugblin 
Lemon 
Linley 
Logan 
Loudon 
McCallen 
McCully 

The qaestion having been taken on the adoption of the resolution, it 
was decided in the affirmative. 

Mr. Dawson offered the following: 
* Resolved^ That the committee on Education be instructed to in- 
quire into the expediency of adopting a (tonstitutional provision for in* 
creasing the common school fund, and to prevent the legislature from bor^ 
rowing anj portion of the school, college or seminary funds in future. 

Resolved^ That the same committee be instructed also to inquire into 
the expediency of providing by the constitution that the moneys hereaf* 
ter received from the school, college and seminary funds shall be invested 
in the bonds of this state at their market value, and also that the interest 
on bonds so purchased shall be punctually paid. 
On motion, 

The convention adjourned to 9 oVIock, to>morrow morning. 



McClure 


Mr. Spencer 


McHatton 


Servant 


Manly 


Sim* 


Marshall of Coles 


Simpson 


Marshall of Mason 


Singleton 


Mieure 


Smith of Gallatin 


Miller 


Smith of Macon 


Minshall 


Sbumway 


Moffett 


Thomas 


Moore 


Ihompson 


Morris 


Thornton 


Nichols 


Trower 


Norton 


TunibuU 


Oliver 


Turner 


Pace 


Tutt 


Palmer of Macoupin 


luttle 


Palmer of Marshall 


Vance 


Pinckney 


Veriior 


Rives 


Wead 


Bobbins 


Webber 


Robinson 


IVest 


Roman 


Witt 


Rountree 


Whiteside 


8cates 


Woodson 


Stadden 


Worcester. 


Shields 





WEDNESDAY, Junb 23, 1847. 



The convention met pursuant to adjournment. 

Prayer by the Rev.- Mr. Barger. 

The journi&l of yesterday was read. 

In pursuance of a resolution passed on yesterday, the secretary appoint- 
ed James T. Ewing assistant secretary to copy the journals of this con- 
vention. 

Mr. Davis of McLean presented the petition of Daniel Proctor, and 
eighteen others, citizens of the county of McLean, praying that provis- 
ion may be made in the new constitution for a state superintendent of 
public instruction, with a liberal salary; which was read, and, on his mo* 
tion, referred to the committee on Education. 



Digiti 



zed by Google 



78 JOURNAL OF THE CONVENTION. iJune 23- 

The question pending at the adjournment on yesterday was on adopt- 
ing resoliiUons offered by Mr. Dawson. 

Mr. Hogue called for a division. 

Mr, Eccles called for a division on the first clause of the first resolu- 
tion. 

7'he question was then taken on adopting the first clause of the first reso- 
lution to the words *< common school fund/' and decided in the affirmie 
tive. 

Mr. Logan offered the following as an amendment to be added to the 
last clause of the first resolution: 

••To defray the ordinary expenses of the state government." 

Mr. Deitz offered the following^ to be added to the amendment: 

•'And that hereafter the first moneys that shall come into the treasury 
in each and every year shall be set apart for payment to the proper aa- 
thori lies, or persons entitled by law to their respective proportion of the 
interest annually accj-uing upon the school, college, and seminary fund/^ 

Mr. Thomas moved that the previous question be now taken; 

And the question having been put was decided in the negative. 
On motion, 

The convention adjourned until 3 o'clock, p. h. 



THREE O^CLOCKy P. M. 



The convention met pursuant to adjournment. 

The question pending at the adjournment was on agreeing to the amend- 
ment proposed by Mr. Deitz to the amendment proposed Mr. Logan to 
the latter clause of the first resolution offered by Mr. Dawson. 

The question having been taken on agreeing to the amendment to the 
amendment, it was decided in the affirmative. 

The question was then taken on agreeing to the amendment as amen- 
ded, and decided in the affirmative. 

The question was then taken on the adoption of the last clause of the 
first resolution as amended^ and decided in the affirmative. 

The question wds then^ taken on the adoption of the second resolution, 
and decided in the affirmative. 

Mr. Bd wards of Madison, from the committee on Education, reported 
the following resolution, and recommended its adoption: 

Resolved^ That the committee on Education be instructed to consider 
and report as to the propriety of a constitutional provision for the seen- 
rity o^ (he college, seminary and common school funds from conversion or 
destruction by the legislature; also for the establishment of such a system 
of common schools as will, by taxation combined with state funds, afTord 
the means of education lo every child in the state, and the appointment 
of a state superintendent, with an adequate salary, to give effect to such 
a system. 

Mr. Grec:g moved to postpone the consideration of the resolution until 
Mond.ij next; 

The (question was taken, and decided in the negative. 



Digiti 



zed by Google 



June 23.] JOURNAL OF THE CONVENTION. 79 

On motion of Mr. Constable, 
The resolution was amended by adding the following: 
'^Also, as to the propriety of creating a sinking fund, connected with 
the debt due from the state to the college*, school, and seminary fund, so 
as to provide for its early repayment, and the investment of that iund in 
the bonds of this state at their market value, at the same time contemplat- 
ing the prompt payment of interest on the bonds so purchased by the said 
funds.'' 

The question was taken on adopting the resolution reported from the 
committee on Education, as amended, and decided in the affirmative. 

Mr. Jones, from the committee on Reyenue, repoited the following as 
proper provisions, in the opinion of the committee, to be inserted in the 
revised constitution: 

"The legislature shall cause to be collected from all free while male in- 
habitants of this state, 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, to be applied yearly to the payment of the interest 
due and to become due from this state to the school, college, and seminary 
funds ; and if in any year there shall remain any balance of said tax after 
the payment of the interest due for that year, such balance shall be paid 
into the state treasury. 

<^The legislature shall provide for levying a tax by valuation, so that 
every person shall pay a tax in proportion to the value of his or her pro- 
perty; such value to be ascertained by some person to be elected or ap- 
pointed in each county in this state in such manner as the legi!>latu re shall 
direct, and not otherwise; but the legislature shall have power to tax ped- 
Icrs, auctioneers, brokers, hawkers, commission merchants, showmen, jug- 
glers, inn keepers^ grocery-keepers, and ferrys, and persons using and ex- 
ercising franchises and privileges in such manner as they shall from time 
to time direct. 

** The following property shall be forever exempt from taxation: 
" 1. The wearing apparel of every person in this state. 
^ 2. The household and kitchen furniture of every house keeper in 
this state, not to exceed in value the sum of one bundled dollars. 
^ 3. I'he real and personal property of this state. 
<'4. All lands belonging to the school fund of any township in this 
state, 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>. Every building erected for religious worship, the pews and furni- 
ture within the same, and the land whereon such building is erected, not 
exceeding ten acres. 

*<6. Ever) building erected for the use of any literary, religious, be- 
nevolent, charitable, or scientific institution, and the tract of land on which 
the same is situated, not exceeding ten acres; aUo the personal property 
belonging to any such institution and connected with and set apart for 
the 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 fhe convention. 

Mr. Thomas, from the minority of the committee on Revenue, reported 



Digiti 



zed by Google 



80 JOURNAL OF THE CONVENTION. IJune 23. 

the foIlowiDg 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 shaM 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 apportion ment 
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* 

Sbc. 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, slock 
in trade, money deposited or loaned at interest, and personal property, 
shall each form a separate class, and shall be valued annually. Auction- 
eersy pedlers, brokers, commission merchants, retailers of spirituous or 
other liquors shall be taxed as the general assembly may direct 

Sbc. 4. Every male inhabitant over twenty-ore, 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- 
cr state indebtedness. 

Sbc. 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 he fixed at less than one dollar two days of such labor may be re- 
quired. 

Sec. 6. The corporate authorities of counties, townships, schoDl dis- 
tricts, cities, towns, and villages, may be vested with power to assess and 
collect 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 househdd and kitchen furniture used by families not ex- 



Digiti 



zed by Google 



June 23.] JOURNAL OF THE CONVENTION. 81 

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 fiforcsaid* 

Sec, 8. The specification of the objects and subjects of taxation shall 
not deprive the general assembly of the power to require other objects or 
subjects to be taxed in such manner as may be consistent with the prin- 
ciples of taxation fixed 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 difierent 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 fcommmittec on the Legislative Department, having considered the 
subjects submitted to them, report the following proposed sections to the 
constitution: 

SficriON L Thelegislativeauthorily 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 havo attain- 
ed the age of twenty 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 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 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 

Digitized by VjOOQ IC 



83 JOURNAL OF THE CONVENTION. [June 23 

be, into two classes. The seals of the first class shall shall be vacated at 
the exfiraliou of the second year; and those of the second class at ihe 
expiration of the fourth year; so that one-half thereof, as near as possible, 
may be biennially chosen forever thereafter. 

iSec. 6. The senate shall consist of twenty-five nrsembers, and the 
house of representatives shall consist of seventy-five members, never to be 
increased nor diminished, to be apportioned among (he several counties as 
herein provided for, and until there shall be a new apportionment of ihe 
senators and representatives, the state shall be divided into senatorial and 
representative districts, and the senators and representatives shall be ap- 
portioned among the several districts as follows, viz: 

Sec. 7. The first session of the general assembly shall commence on 
Ihe first Monday of January, one thousand eight hun^dred 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 thiuk 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 either 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 fi-om 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. 

Skc. 14. Each house 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; piovided 
such imprisonment shall not, at any one time, exceed twenty four hours. 

Sec 1.5. 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 any other place than that in which 
the two houses shall be sitting. 

Sec. 16. Bills may originate in cither house, bat may be altered. 



Digiti 



zed by Google 



Junt 23.] JOURNAL OF THE CONVENTION. 83 

citTicnded, 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. 

Sec. 17. Ail bills for raising a revenue shall originate in the house of 
representatives, subject, however, to amencimeut or rejection, as in other 
cases. 

Sec. 18. 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 sha:ll deem it expedient to dispense with this rule; and every 
bill having passed both houses, shall be signed by the speakers of their re- 
spective houses. And no private or local law which nviy 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. 

jSfic. 19. The style of the laws of the state shall be, ^ Beit 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*8 attendance thereafter, 
and ten cents for each necessary mile*8 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. 

Sbc. 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. 

Sfic. 22. No senator or representative shall, during the time for which 
he shall have been elected, or during one year after the expiration thore- 
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. 

See. 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. 26. 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 cither 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 justircs o{ 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 pri/fit 
under the authority of this state. 

Digitized by VjOOQ IC 



84 JOURNAL OP THE CONVENTION. iJune 3 

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 ar 
oath to support the constitution of the United States and of this state, aL. 
also an oath of office. 

Sec. 27. The general assembly shall have full power to exclude frog: 
the privilege uf electing or being elected, any person convicted of briL-e- 
ry, perjury, or any other infamous crime. 

Sec 'i8. The general assembly shall have no power to-grant divorces. 
but may authorize the courts of justice to grant them for such causes a* 
may be specified by law; Provided, ihai such laws be general aiid unifon^ 
in their operation throughout the state. 

Sec. 21). The general assembly shall have no power to authorize !o;- 
tcries 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, br 
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 thciD- 
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^ 
privileges, 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 nil the white inhabitaots 
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 oi 
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. 

Skc. 33. The slate m^y, 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 
insurrection, or defend the stale in war, for payment of which the faitb 
of the state shall 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 voles c«ist 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 shaU provide by taw, 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 bo let by coa 
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* 



Digiti 



zed by Google 



oie 21.] JOURNAL OP THE CONVENTION. 



t-5 



Air. Constable moved that the report be laid on the- tiible, and two liun- 
rcd copies thereof printed for the use of the convention. 
On motion, 
The convention adjourned until to-morrow moining, 9 o^cIock. 



THURSDAY, June 24, 1S47. 



} 



Convention met pursuant to adjournmcnU ' .. 

VraycrbyRev. Mr, Hale. 

The question pending at the adjournment on yesterday, was on a mo- 
tion made by Mr. Constable to lay on t!ie 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 t:£ken, and decided in the affirmative. 
On motion of Mr. Constable, 

The order of business was suspended to enable him to oOTer an order? 
when he offered the following: 

Ordered^ That the doorkeeper 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 
'* 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 n?e any of said ice, unless he has 
furnished his portion of the money with which to purchase it." 

Mr. Wilt moved to lay the amendments on the table, 

Mr. Campbell of McDonough moved to Ijiv the whole subject on the 

Mr. Will called for a division. 

The question was then t.-iken on laying the ?imcndmcnt 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, < h^^^* ...... 

' (Nays, ok 

Those voting in the affirmative, are. 



Mr. Adams 
Akiii 
AUen 
Anderson 
Archer 
Armstrong 
Atherton 
Blair 
Blakely 
Ballingall 
Brockman 



Mr. Bosbyshell 
Bunsen 
Butler 
Grain 
Canady 

Campbell of McDonough 
Carter 
F. S, Casey 
Zadok Casey 
Colby 
Cross of Woodford 



Mr. Cloud 
Dale 

Davis of Montgomery 
Davis of Massac 
Dawson 
Deitz 
Dement 
Dunn 
Dunsmore 
Eccles 
Edmonson 



Digiti 



zed by Google 



86 



JOURNAL OF THE CONVENTION. [Aae 'U. 



Mr. Erey 


Mr. Kinney of Bureau 


Mr. Rives 


FarweU 


Kitchen 


Robbins 


Friek 


KdowHor 


Robinson 


Graham 


Lander 


Kountree 


Gr^en of Tazewell 


Laugh lin 


Scates 


Grimshaw 


Lemon 


Swan 


Harlan 


Linley 


Shields 


Harper 


Logan 4 


Spencer 

Sharpe 


Harvey 


Lcrtidoii 


Hateb 


MtCuHy 


Sherman 


Hawler 


McHatton 


Sim 


Hay 


Manly 

Marshall of Coles 


Simpson 


Henderson 


Smiib of Gallatin 


. Hill 


Marshall of Mason 


Smith of Macon 


Hop^ue 


MsBoa 


Shumway 


Hmisaker 


Mieure 


Thornton 


Hurlbut 


Moffett 


Trower 


Huston 


Moore 


Turnbull 


Jackson 


Morris 


Turner 


Jame» 


Nichols 


Tanee 


Jenkins 


Oliver 


Vernor 


Jone^ 


Pace 


Webber 


Judd 


Palmer of Marshall 


West 


Kreid'«r 


Pratt 


Whitney 


Keuner 


Powers 


Woodson, 


Those Toting in Ibe 


negative^ are. 




Mr. fion<i 


Mr. Hcacock 


Nr. Pinckney 


Constable 


Hoes 


Roman 


Cross of Winnebago 


Knapp of Jersey 


Stadden 


Churchill 


Knapp of Scott 


Servant 


Davis of McLean 


Knox 


ThompsoD 


Dumoier 


McCalleft 


Tutt 


£<Iwards of Madison' 


McClure 


Wead 


Kdwards of Sangamcft 


Miller 


Williams 


Geddes 


Minshalt 


Witt 


Green of Jo Daviess 


Palmer of Macsupi» 


Whiteside 


Greffg 


Peters 


Worcester, 



Harding 

Mr. Archer, from the ccmnmiClee on the Oiganization of Deparfmcnts, 
and offices connected with ttie Executive Denarlment, to which was re- 
ferred certain resolutions instructing said committee to inquijc into the 
prnrpriety of providing for *' the etecticm of an auditor of poolic accounts,^* 
with sundry othtr propositions, reported that the committee had had ihc 
same ander consideration, and had instructed him to report the following 
protrisions as anicndments to the constitution: 

Sfic. *^. There shall be chosen by the qualified electors throughout 
the state, an auditor of puhh'c accounts, who shall hold his office 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 ofBce for the same time 
as the governor, and who shall receive a salary of ei^ht hundred dollars 
per annum. He shall keep a fair register of the official acts and procced- 



Digiti 



zed by Google 



June 34.] JOURNAL OF THE CONVENTION. 87 

ings of the goverDor, 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. 

Sec. — • The general iissembly 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 the 
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, re|/ortcd 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 ia further 

Resolvedy 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 o( while 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 was then taken on adopting the resolution, as amended, 
and decided in the afliimative* 

Mr, Scales offered the following: 

Resolved, That the committee on Finance inquire into the expediency 
of taxing tho public lands. 

On motion of Mr. Scates, 

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. Wead, 

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, Willi<ams, Cross of 
Winnebago, Scates, Harlan, Davis of McLean, Brown, Kinney of St. 
Clair, Peters, and Pratt, be that committee. 

Digitized by VjOOQ IC 



K8 JOURNAL OF THE CONVENTION [7t/nc 24. 

Mr. Geddps offered the following: 

Resolved, That tLe committee on Military Affairs be and i? 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 ^ Thai 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 staled 
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 military duty. 

Mr. Shields moved to hiy the resolution and amendment on the table. 

Mr. Mjirshall oi 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 laken on laying the resolution on the table, and de- 
cided in the affirmative. 

Mr. Rounlree 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 accoroingiy taken upon the adoption of the resolu- 
tion, and decided in the affirmative. 

Mr. Kenner 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, Uie 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 rc- 
quiie 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. Kitchell, 

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 necefsary to amend any law, the 
amendment shall be incorporated with the original act, and both be to- 
gether passed and pubhshed, in order that the whole law, upon any sub- 
ject, may be n.or^ easily and certainly known and understood by the 
people. 

Digitized by VjOOQ IC 



June 24.] JOURNAL OF THE CONVENTION. 



89 



Refolxed, That ihc commitlce on Law Reform 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 stale 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. Chu'-chill, Dale,McCallcn, Webber, Brockman, 
Green of Jo Daviess, and Matheny be that committee. 
Wr. 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, 

And decided in the affirmative, V^^^^ ! *. ' * ^^ 



CO 



Those voting in the affirmative, are, 



Mr. 



Adams 


Mr. Frick 




Mr. McHalton 


Akin 


Gcddcs 




Manly 


Anderson 


Green of Jo Daviess 


Marshall of Coles 


Armstrong 


Grimsbaw 




Marshall of Mason 


Blair 


Hatch 




Mason 


Blakely 


Hawley 




Minshall 


BaUingall 


Heacock 




Moffett 


Brockman 


Henderson 




Moor6 


Bosbysbell 


Hill 




Morris 


Bunsen 


Hoes 




Nichols 


Botler 


Hogtie 




Norton 


Carter 


Hurlbut 




Oliver 


Colby 


Huston 




Pace 


Cross of Winnebago 


Jackson 




Palmer of Macoupin 


Clood 


Jenkins 




Pratt 


Cbarch 


•Knapp of Jersey 


Pinckney 


Cburchill 


Kenner 




Rives 


Davis of Montgpraery 


Kinney of Bureau 


Robbins 


Davis of Massac 


Kinney of St. 


Clair 


Roman 


Dement 


Lander 




Swan 


Dummer 


Laughlin 




Sharpe 


Dunn 


Loudon 




Servant 


Edmonson 


McCallen 




Sibley 


Farwcll 


McClure 




Smith of Gallatin 



Digiti 



zed by Google 



90 



JOURNAL OP THE CONVENTION. 



IJune 21. 



Mr. Thompson 
Thornton 
Trower 

Those voting in the negative, are 

Mr. Allen Mr. 

Atherton 
Bond 
Canady 

Campbell of McDonoagh 
F. S. Casey 
Z. Casey 
Choate 
Constable 
Dale 

Davis of McLean 
Dawson 

Edwards of Madison 
Edwards of Sangamon 
Eccles 
Evey 
Graham 

Green of Tazewell 
Harding 
Harlan 

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. 



Torner 


Mr. Wead 


Tutt 


Webber 


Vance 


Whitney. 


ive, are, 




Harper 


Mr. Powers 


Harvey 


Bobinson 


Hay 


Rountree 


Hunsaker 


Scates 


James 


Stadden 


Jones 


Shields 


Juddl 


Spencer 


Knapp of Scott 


Sim 


Kreider 


Simpson 


Kitchell 


Smith of Macon 


Knowlton 


Shumway 


Knox 


Tumbull 


Lasater 


Tuttle 


Lemon 


Vernor 


Linley 


West 


Logan 


Williams 


McCuIly 


Witt 


Mieure 


Whiteside 


MiUer 


Woodson 


Palmer of Marshall 


Worcester. 



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, bv substituting in place thereof the following, to 
wit: 

" Whenever two-thirds of the general assembly of this state shall think 
it necessfiry 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 membera of both branches of the 
general assembly, elected at the said election, shall approve of all or a 
part of the said proposed amendments, the amendment or amendments so 
approved of shall be submitted to the people for their ratification or re- 
jection, and such amendmenis as shall be so ratified by a m<ijority of the 
legal voters of the state, shall become a part of the constitution*" 



Digiti 



zed by Google 



Juhe^.] JOURNAL OF THE CONVENTION. 91 

Mr. Kitchcll moved to strike oUt all after the word ^^ resolved," and 
iQsert the following: 

*^ That the committee on the Revision and Adjustment of the articles of 
amendment of ihe, Constitution be instructed to report an article to this 
convention so amending the seventh article of the constitution as 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. l)eitz offered the following as a proviso, to be added to the resolu- 
tion: 

**Frovidedy 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. 
Qn 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: 



Digiti 



zed by Google 



92 JOURNAL OP THE CONVENTION. [June ^i. 

*• Two-thirds of the convention shall be necessary to conslilule a quo- 
rum to do business; but any number of members, at or after the lime to 
which the convention shall have adjourned, or while ihe 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. Bosbyshell, 
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 183G and IS40. 
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 oflices, 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 pquare 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; Provided, 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 settling within the bounds of this state, 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 elFectuate 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: < t^^^*' 

Those voting in the affirmative, are, 

Mr. Akin Mr. Campbell of McDonoug^h Mr. Dawson 

Allen F. S. Casey Dement 

Anderson Z. Casey Dunsmoie 

Atherton Constable Edwards of Madison 

Blakely Cloud Edwards of Sangamon 

Brockman Churchill Eccles 

Bond Davis of Montgomery Edmonson 

Crain Davis of Massac Evey 



46 



Digiti 



zed by Google 



June 25.] JOURNAL OP THE CONVENTION. 



93 



Mr. Frick 


Mr. Loudon 


Mr. sudden 


Graham 


McCallen 


Sharps 


Geddes 


McCully 


Shie ds 


Green of Jo Daviess 


McClure 


Servant 


Grimsbaw 


McHattoD 


Sim 


Harlan 


Manly 


Simpson 


Hawiey 
Hunsaker 


Marshall ot Coles 


Smith of Gallatin 


Marshall of Mason 


Smith of Macon 


Huston 


Mieure 


Shumway 


James 


Miller 


Thornton 


Jenkins 


Minshall 


Trower 


Jones 


Moore 


TurnbuU 


Knapp of Jersey 


Morris 


Tutt 


Knapp of Scott 


Oliver 


Tuttle 


Kreider 


Pace 


Vance 


Kenner 


Palmer of Macoupin 


Vernor 


Kinney of St. Clair 


Palmer of Marshall 


Webber 


Kitchell 


Rives 


West 


Lander 


Robbins 


Witt 


Lasater 


Robinson 


Whiteside 


Laugh 1 in 


Roman 


Woodson 


J^emon 


Rountree 


Worcester. 


Logau 


Scates 




Those voting in the 


negative, are, 




Mr. Adams 


Mr. Dunn 


Mr. Knowlton 


Armstrong 


Green of Tazewell 


Knox 


Blair 


Harding 


Mason 


Ballingall 


Moffett 


Bunsen 


Harper 


Norton 


Butler 


Harvey 


Pratt 


Canady 


Haich 


Peters 


Carter 


Hcacock 


Pinckney 


Choate 


Henderson 


Powers 


Colby 


Hill 


Swan 


Cross of Winnebago 


Hoes 


Spencer 


Church 


Hurlbut 


Sibley 


Dale 


Jackson 


Turner 


Davis of McLean 


Judd 


Williams 


Deifz 


Kinney of Bureau 


Whitney. 


Dummer 







On mo'ion, 
The convention adjourned until to-morrow morning at 9 o'clock. 

FRIDAY, June 25, 1S47. 



The convention met piirsu<nnt to adjournment. 

Prayer by the Rev. Mr. Barger. 

The quesiion 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 
ihe words <*instructcd" and insert in hen thereof the following: 

"To report a provision for insertion in the revised constitution, autfior- 
izing the legislature to enact all necessary laws, to prevent the immigra- 
tion of negroes to this stale, and to prohibit their emancipation here by 
their owners, on any terms." 



Digiti 



zed by Google 



94 JOURNAL OF THE CONVENTION. [June 25. 

Mr. Wilt 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 Ihe state relating to people of color, be printed for the use of 
the convention* 

Mr. KitcheH 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- 
tion 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'ciiOCK, 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: 

^^Providedf That such provision shall be left to the people lo 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. 

Air. 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, j JjJ^^ • ' * * JJ 



Those voting in the affirmative, are, 



Mr. Adams 


Mr. Cloud 


Anderson 


Church 


Armstronff 


Churchill 


Blair 


Dale 


Ballingall 


Davis of McLean 


Brown 


Dawson 


Canady 


Deitz 


Cartitr 


Dummer 


Cboate 


Dunlap 


Crou of Winnebago 


Dann 



Mr. Edwards of Madison 
Edwards of Sangamon 
Eccles 
Frick 
Graham 

Green of Tazewell 
Gregg 
Grimshaw 
Harding 
Harlan 



Digiti 



zed by Google 



Jutie 26.J, JOURNAL OF THE CONVENTION. 



95 



Mr. Harper 
Harvey 
Hatch 
Hawley 
Hay 

HendersoD 
Hiil 

Hurlbut) 
Huston 
Jacksoo 
Jouea 

Knapp of Jersey 
Knapp of Scott 
Kenner 

Kinney of Bureau 
Kitchell 
Kuowlton 



Mr. Lander 
Laugblin 
Logan 
McClure 
Itfcljatton 
Marshall of Coles 
Marshall of Mason 
Mason 
Miller 
Minshall 
Moore 
Nichols 
Norton 

Palmer of Macoupin 
Palmer of Marshall 
Pratt 
Pinckney 



iAr. Powers 
Stadden 
Swan 
Sharpe 
Spencer 
Servant 
Sibley 

Smith of Macon 
Trower 
Turnbull 
Turner 
TutUe 
Vance 
Wead 
Webber 
Williams 
Worcester. 



Those voting Id the negative, are, 



Mr. Akin 
Allen 
Atberton 
Blakely 
Brockman 
Bond 
Bansen 
Grain 

Campbell of McDonoueh 
F. S. Casey 
Z. Casey 
Constable 

Davis of Montgomery 
Davis of Massac 
Edmonson 
Evey 
Geddes 
Hawley 
Hayes 

_ On motion of Mn 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 
Moffett 
Morris 
Oliver 
Pace 
Rives 



Mr. Bobbins 
Kobinson 
Roman 
Rountree 
Scates 
Shields 
Sim 

Simpson 
Singleton 
Smith of Gallatin 
Sham way 
Thornton 
Tutt 
Vernor 
West 
Witt 

Whiteside 
Woodson. 



SATURDAY, June 26, 1S47. ^^^ 



Convention assembled pursuant to Hdjournment. \^ 

Prayer by Rev. Mr. Palmer of Marshall. 

The journal of yesterday was read, 

Mr. iSingleton presented the following petition and resolutions, which 
he read in his place. 

•'The undersigned, /res cUizens of the stale of Illinois, humbly com- 
plaining, represent, that the action of your honorable body, upon the 
subject of the introduction of free persons of color, to the state of Illinois, 
is not, in the opinion of your petitioners, expressive of the will, or promo- 



Digiti 



zed by Google 



96 JOURNAL OF THE CONVENTION. [Jutie '26. 

live of the interest of the people of this stale; but upon the eonfrarj, has 
slilled 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 con:ipie- 
tion of a subterranean under-ground railway, constructed (o despoil our 
neighbors of their property. 

^^Thc 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 adojit the resolutions hereto annexed, as io 
duty bound your petitioners will ever pray, 

^^Resohedy 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, toprepaieand report to this convention a provision to he in- 
serted in the amended constitution, which will of itself corifer 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. 

^*Resolvedy 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 Air. 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 reqmet of Mr. 
Edwardsof Madison, to be excused from serving on the committee on 
Education. 



Digiti 



zed by Google 



June 26.] JOURNAL OP THE CONVENTION- 97 

After remarks from the chairman of the committee and several gen- 
tleiTien, 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 Airtlier 
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, ^^nstructed to inquire into the expediency of fixing h maximum 
rate of taxation," &c. reported the resolution back, and requested to 
be discharged from thr further consideration thereof. 

The question was taken on discharging the committee, and decided in 
the affirmative. 

On motion of Mr. Sharpe, 

Resohed^ That the eleventh section of the 3d article of the present con* 
stitution be referred to the committ'^e on the Organization of Departments 
and of offices connected with the Executive Department.^ 
On motion of Mr. Marshall of MH>on, 

Resolved^ Thiit the committee on the Division of the State into Counties 
and their Organization, be instructed to inquire into the expediency of in- 
corporating into the revised constitution the following provision, viz: 

The general assembly shall not have power to authorize by law the re- 
moval or re-location of any county seat, unless the particular place or 
point, to which such seat of justice is proposed to be removed, shall be 
particularly designated ; and provided, that no such law shall be in force 
until ratified by the vote of a majority of the legal voters of such county, 
at the next general election alter the passage of the laws. 

Mr. Servant offered the following: 

Resolved^ That the committee on the Judiciary be instructed to inquire 
into the expediency of exempting persons, having conscienlious saiipleSf 
from serving on juries, upon such terms as shall be deemed reasonable and 
just. 

On motion of Mr. Minshall, 

The resolution was referred to the committee on Law Reform. 

Mr. Vernor offered the following: 

R'solved^ That the county courts of the several counties in this state 
•h^ll have the exclusive right to cause to be assessed and collected, as shall 
be provided by law, a tax on sections numbered sixteen in the several 
townships in this state, or other lands which may have been selected in 
lieu thereof, granted to the state of Illinois by the United Srates for the 
uie of schools; said tax not to exceed in amount the tax levied on other 
lands of the same value for state and county purposes, and that the 
amount thus raised shall be applied exclusively to the support of rommon 
schools in the several townships where the lands arc situated: Providtdj 
that the above is not intended to apply to any section, or other laudi in 
lieu thereof, which has not been sold by the authority of this state. 
On motion of Mr. Turnbull. 

The resolution was amended by inserting after the word ^Uhat,^' in the 
fifit line, the words ^the committee on Revenue be in:»tructed to inquire 
into the expediency of providing chat.^' 



Digiti 



zed by Google 



98 JOURNAL OF THE CONVENTION. [June 20. 

The question was taken on adopting the resolution as amended, and de- 
cided ill the afiirmative. 

On motion of Mr. Campbell of Jo Daviess, 
Rt solved^ That the Execulive committee be requested to inquire into 
the txprdiency of inserting in the constitution a clause providing for the 
election of sheriffs for term of years, and making them ineli- 
gible for more than one term consecutively. 
On moiicin of Mr. Scales, 
Resolved^ That the committee on Education inquire into the expedi- 
ency of a provision requiring the school commissioners of counties to col- 
lect in the principal ot ti.e county and township school funds and inves- 
tmg the same in state bondii. 

On mention of Mr. Thornton, 
Resolved^ That the committee on Law Reform be instructed to inquire 
into the propriety ol making the following amendment to the consiiiu- 
tion: ^*'l hat all laws that may bo passed by the legislature, and the judicial 
and legislative written proceedings of this state, shall be promulgated, 
prescived and conducted in the English language." 
On motion of Mr. Davis of Montgomery, 
Leave of absence was granted to Mr. Lemon for one week. 

On motion of Mr. Harding, 
Resoh^d^ That the committee on Education inquire into the expediency 
of providing thaf, 

1 '1 he legislature may provide for the election by the people of a stale 
srperiiitendent ofsrhools, d< fine his duty «nd snlary. 

2. Officjrs and triisiees, having the school, college, or seminary funds, 
or any school funds, tor investment, may purchase therewith, or invest 
them in, the bonds of the state; Providedy Xhd^i the legislature may, if 
they deem the said funds will thereby be in danger of diminution or be 
rendered unproductive, restrict said investment by law. 

3. The revenue derived from a capitation lax shall be applied to tlie pay- 
ment of the interest and principal'oi the d^bts now, or that hereafter shall 
become due, to the school, college and seminary fund, and to any officer or 
corporation in trust for schools, j?ro rata* 

4. All education funds sliall forever remain inviolate, and no appropria- 
lion, or loan of them shall be made, but for (heir increase, security, and 
the edi;ealion of the children of the slate. 

On motion of Mr. Davis of Massar, 
Rrsohcd^ That the committee on the Militia be instructed to inquire 
into the cxpedienc) of reporting an amendment to the constitution, ma- 
kinK all mil lia offieers ol this state elective by the persons subject to mili- 
tary duty, in the sev( rsil divisions, brigades, &c., and for limiting the 
term ol service oftniliiia officers. 

On motion of Mr. Kinney of St. Clair, 
R^$fJv'dj That the committee on Law Reform be instrucled to inquire 
info he ex|)rdicncy of reporting a provision to be inserted into the amcn- 
dv{\ constitution to require the legislature to provide for the appointment 
and |my of commissioners to codify the laws of this State. 



Digiti 



zed by Google 



June 38.] JOURNAL OF THE CONVENTION, 09 

On motioQ of Mr. Cross of Winnebago, 

Resolved, That the committee on Elections and the Right of SufTrage 
be instructed to inquire into the expediency of changing the time of 
holding elections from the first Monday in August to the Tuesday next 
after the first Monday in NoFember, and fbe manner of voting from viva 
voce to ballot. 

Mr. Brockman oiTered the following: 

Resolved^ That the committee on the Legislative Department be instruc- 
ted to inquire into the expediency of inserting into the constitution the 
following amendments, to-witj 

L The general assembly of this state shall convene, at the capital, on 
the first Monday in January, 184-, and biennially thereafter — the sessions 
thereof, whether general or special, shall not be for a longer term than 
sixty days; but the governor shall have power to prolong said sessions, if, 
in his opinion, the interests of the people demand the same* 

2. The senate and house of representatives shall have power to elect a 
public printer, and each body shall elect such other officers as shall be ne- 
cessary for the speedy transaction of business. 
On motion o( Mr. McCallen, 

The resolution was laid on the table. 

Mr. Powers ofTered the following: 

Resolved, That the committee on the Judiciary be instructed to in- 
quire into the expediency of providing in the new constitution for the 
election of county attorneys in each of the several counties of this state, 
instead of the circuit attorneys now appointed by the legislature. 
On motion, 

The convention adjourned until Monday morning. 

MONDAY, June 28, 1847. 



Convention assembled pursuant to adjournment 

Prayer by Rev. Mr. Green of Tazewell. 

The journal of Saturday was read. 

The question pending at the adjojrnment on Saturday, was on the ad- 
option of a resolution otTcred by iVlr. Powers, just at the adjournment. 

The question was taken on the adoption of the resolution, and decided 
in the affirmative. 

Mr. Canady offered the following: 

Rssolved, That the committee on Incorporations be instructed to inquire 
ioto the propriety of engrafting into the revised constitution a clause ao* 
thorizing the legislature to grant bank charters when the best interests of 
the state may demand the same. 

Mr. Markley moved to amend the resolution by striking out all after 
the word «*resolved,^' and inserting in lieu thereof the following: 

Resolved^ That the committee on Incorporations be instructed to report 
a clau>)e in the constitution prohibiting the legislatura from chartering 
any individual, or individuals, corporation or corporations, from banking or 
ID any manner milking and putting into circulation paper money; and that 



Digiti 



zed by Google 



100 JOURNAL OF THE CONVENTION. [June 28. 

s&id clause shall be voted on separately at the same time with the consti- 
tution, and if a majority of the votes cast shall vote for said clause, it shall 
be and form a part of the constitution. 

Resoivedj That the committee on Banks and Incorporations be instruc- 
ted to report an amendment or clause in the constitution prohibitiog the 
legislature from granting an; incorporate powers to any individual or indi- 
viduals, corporation or corporations, for the purpose of banking, unless the 
same is first submitted to the people to vote for or against, and in case it 
shall appear that a majority ot all the votes cast are against such incor- 
poration, then it shall not become a law; Provided, that under no cir- 
cumstances shall the legislature grant any incorporation for banking pur* 
poses unless such act of incorporation shall be so worded as to make the 
individnal property of the stockholders liable for the amcunt of their stock. 
On motion of Mr* McCallcn, 

The whole subject was laid on the table* 

Mr. Singleton offered the following: 

Whereas all life offices are justly odious to the people of this state; and 
whereas, there exists no difference between the evils of a life office and 
and an office for life; there fore^ 

Reioked, That under the new constitution all life offices be abolished, 
and that no person or persons, who may be appointed or elected under 
the provisions of the amended constitution, to any office thereby created 
or authorized, and who shall enter upon the duties thereof, or otheiwise 
signify his or their acceptance of the same^ shall not be eli<;ible to any 
other office created or authorized by the aforesaid constitution or by the 
general assembly of this state, for and during the period for which he or 
they were elected or appointed^ and for the term of two years thereafter. 
On motion of Mr. Eccles, 

The preamble and resolutions were referred to the committee on the 
JuJiciary Department. 

On motion of Mr. Scales, 

The convention resolved itself into a committee of the whole, for the 
purpose of considering a resolution offered by Mr. Churchill, on the 17th 
instant, relative to banks and paper money, and substitutes therefur of- 
fered by Messrs. McCallcn and Gregg, which resolutions and substitutes 
had been before referred to such committee — Mr. Edwards of Sangamon 
in the chair* 

Mr. Scates moved to strike out various propositions before the commit- 
tee, and in lieu of them substitute the following: 

^Whereas the power^Ho regulate commerce with foreign nations, and 
anr.ong the several states, and with the Indian tribes/' and *Mo coin nr.onry, 
regulate the value thereof, and of foreign coin, and for the standard of 
weights and measares,*^ has been granted exclusively to the United States. 
And the power to ^coin money, emit bill of credit, make ar.y thing but 

rid and silver coin a tender in payment of debts/' has been prohibited 
the states; thereforet 

*^Re9olved^ That the states ought not to attempt to do indirectly what 
they have no power to do directly. 

^^Rnohed, That the committee on Incorporations be instructed to in* 
quire into the expediency of submitting for the consideration of the peo- 



Digiti 



zed by Google 



e/me 29.] JOURNAL OP THE CONVENTION. 101 

e n.t the p3lU, whether they wish or desire to place a total prohibition 
pon the power of the legislature, to attempt to create, exten 1 or author- 
;e »ny binkiog powers or privtle&^es in this state, or any exclusive pow- 
rs or privileges not common (o all the citizens. 

IVIr. Thomas called for a division, so that the vote might first be taken 
»n striking out. 

zVftec sometime spent in the consideration of the matters pending. 

On motion of Mr. Constable, 
The committee fose and, by their chairman, reported progress therein 
&nd asked leave to sit again; such leave was accordingly granted. 
On looiion, 
The convention adjourned until to-morrow morning, at nine o'clock. 

TUESDAY, June 29, 1817, 

The convention met pursuant to adjournments 
Prayer by the lie v. Mr. Dresser. 
The journal of yesterday was read. 

Mr. Hayes, from the committee on Law Reform, to which was refer- 
red a n^solution providing that no act of the legislature shall be in forca 
«iiitil published and transuiitted to the several counties, &c y reported the 
sa.me back, and asked to be discharged from the further consideration 
thereof. 

The question was taken on discharging the committee, and decided in 
the aflinnaiive. 

Mr. Hayes, from the same committee, which was instructed to inquire 
into the expediency of providing an article in the consMtution 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* 
side ration 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 Organisation 
of the Departments, and offices connected with the Executive Depart- 
ment; which reports had, respectively, some days since, been laid on ttie 
table and ordered to be printed, were taken from the table and referred 
to the committtee of the whole, to w^ich, some lime 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 

Digitized by VjOOQ IC 



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 the proposilion 
offered by Mr. Srates: 

^^ After the adoption of this constitution the state of Illinois shall not 
become, diiectly 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 grunted. 
On motion, 

The con\ention adjourned to 3 o'clock, p. m. 



THREE o'clock, P. M. 



The convention assembled pursuant to adjournment. 
On motion of Mr. Z. Casey, 

Resolved^ That the convention will on tomorrow, and from day to day 
thereafter, resolve itself into committee of the whole, and proceed to con- 
sider, until they shall be disposed of, reports of o.ommittees 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 whofc, and re- 
sumed the consideration of the amendment proposed to Mr. Churchill's 
resolution, and Mr. Singleton^s substitute forsstid 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 was 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. Scates: 

Resolved^ That the committee on Incorporations he instructed to report, 
as an article in the contemplated constitution, the following, in substance: 



Digiti 



zed by Google 



June 20.] JOURNAL OF THE CONVENTION. 103 

ARTICLE — . 

Sbctiok 1. The general assembly of this state shall not have power 
to create any banking institution whatever, established upon the credit or 
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 States. 

Sbc. 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: 

L The general assembly shall have no power to enact any provision 
in such law, sanctioning in any manner, directly or indirectly, ihc suspen- 
sion of specie payments by any association or corporation issuing bank 
notes of any description whatever. 

2. 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 ca^e of the in:<olvency 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. 

G. 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 hiw, 
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 <igain; such leave was accordingly granted. 
On motion. 
The convention adjourned until to-morrow morning, at nine o'clock. 

Digitized by VjOOQ IC 



104 JOURNAL OP THE CONVENTION. [JmeJO. ^ 

i 

WEDNESDAY, Jukb 30, 1847. 

The convention met pareaant to adjournment 

Prayer by the Rev. Mn Hale. 

The journal of yesterday was read. 

Mr. Spencer presented the petition of C. L. Basrom and thirtj-nioe 
others, citizens of the counties of Rock Island and Henry, praying ior tbe 
creation of the office of superintendent of public instruction; which, or. 
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 the propriety ot 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 institutionj>, the establishing and maintenance 
of which require a great deal of skill and experience on one hand« an<l^if 
lo 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^ I'hat by an act of this convention thn legislature be authorized 
and ordered, as soon as the financial situation of this state will permit it, 
lo provide by law for and carry into effect the following resolutions, to 
wit: 

1. 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 eda- 
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 J that no preacher of the gospel be employed in this 
station. 

4. Resolved J 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* 



Digiti 



zed by Google 



June 30,] JOURNAL OF THE CONVEiNTION. 105 

log him in teaching and educating the scholars of the respective semina- 
riea, 

5. Resolved, That the annaal 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 asbistsints 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 which 
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 exnnuned 
by one of the STiid directors of one of the said school districts, and who 
have got a certificate of qualification from one of the said directors, bo 
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. 

lU. Resolvedy That the said directors of schools shall receive one dol- 
lar per day each of them while assembled for the said purpose, but bliall 
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 situatidn 
of this state will permit these resolutions to be carried into effect, this 
convention provide for the best possible means in favor of 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; jtherefore, 

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 juJgc 
to be elected quadrennially by the people, to be paid an ann'ual 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 ail matters now under the control 
of the commissioners' court. 

3. Said court to have the present jurisdiction of the probate justice of 

Digitized by VjOOQ IC 



106 JOURNAL OP THE CONVENTION. [Jtou 3a 

the peace, except ordinary justice's jurisdiction, and such further poirer 
as may be given by l.iw in matters of probate. 

4. Said court to have jurisdiction in actions of debt and assumpit to 
the amount of $5(^0; in trover, trespass, case, and replevin to the amouL: 
of $100; jurisdiction ol misdemeanors, and all appeals from justices ci 
the peace. 

5. Said court to have a clerk, .who shall be ex officio recorder of deed« 
and evidences of real title, whose compensation shall be fees. 

G. Said court to have power to reduce the fees o{ county oAicers, I v 
a n jular percent., when the rale fixed by the legislature yields more in- 
coni'^ to a particular officer than is necessary to aiibrd him adequate cum- 
pepNUiion. 

7. Pleadings in said court in civil cases to be oral. 

8. Appeals to lie to the circuit court; trials on appeals to be de niT\ 
and when either party wishes to preserve the record in a given case« de- 
clarations shall be (iied in the circuit court, as though the case ivas an 
originul case in that court. 

9. When it becomes necessary to s II real estate to carry into effect 
the judgment of said court, transcripts to be taken to the circuit courts in 
pur-iiancc of legal proiiisions therefor. 

10. Said court, with the associates, to hold sessions quarterly, the prcs- 
iiei.t Judge to ar.t ns probate court during vacations, with power to le- 
servo (questions till the regular sessions, where the judgment of the associ- 
ates is desired. 

The quttstion was taken on the adoption of the preamble and resolu- 
tions, and decided in the affirmative. 

Mr. Williams offored the following: 

llf solved^ That the committee on Counties be instructed to inquire in- 
to the expediency of engrafting the following clause into the new consii- 
tion : 

" All territory which has been, or may be stricken off, by legislative en- 
actiiituU, from any organized county or counties, for the purpose of form- 
ing a (lewcounty, and shall remain unorganized after the period enacted 
for >nch organization to take place, then such territory, so stricken ofi, 
shall be and remain a part and portion of the county or counties from 
which it was originally tnkcn, for all put poses of county and stale govern- 
ment, to participate in all the immunities thereof, until otherwise provided 
by Ktxv." 

Mr. Singleton moved to amend the refolulion by striking out all after 
the Nvord *• 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 (.istrict or districts, until otherwise provided by law. 

** Pnmded, the tier of to\%nships on the east side of Highland county 
be fiMached 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. 

Tit.' qutstion was then taken on laying the amendment on the tabic? 
and decided in the affirmative. 



Digiti 



zed by Google 



me 30.] JOURNAL OF THE CONVEiNTION, 107 

The question was then taken on lajing the resolution on the table, and 
voided in the negative. 

Mr. flogue moved to amend the resolution bj adding thereto the fol- 
^wing: 

'^ And that no county scat shall be removed without a majority of two* 
ilrdsof all. the qualified voters of such county/' 
On motion of Mr. Thomas, 

The amendment was laid on the table. 

Tt)e question was taken on the adoption of the resolution, and decided 
1 the affirmative* 

On motion of Mr. Z. Casey, 

The committee of the whole on the resolution ofiered some days since 
ly Mr* Churchill, with sundry amendments and substitutes proposed in 
ddition, or in lieu thereof, &c., was discharged from the further consid. 
ration of the whole subject; and. the resolution, with the amendments 
nd substitutes offered successively by Messrs* McCallcn, Gregg, Scates, 
nd Edwards of Madison, were all referred to the committee on Incorpo- 
ations. 

On motion of Mr, Kitchell, 

Resolved^ That the committee on Banks and Corporations be instructed 
o inquire into the expediency of reporting to this convention an article 
f amendment to the 21st section of article 8th of the constitution, in 
ubstance as follows, viz: 

After striking out the whole section, insert that 

Sec. 21. There shall be no bank or monicd institutions in this state, 
inlil the act of the general assembly providing therefor, whether the 
ame be a general law for free banking, a special act of incorporation, or 
ithcrwise, shall be first submitted to a direct vote of the people, and ap- 
iroveu by a majority of the qualified voters of the state at some genera) 
lection; nor shall the general assembly pass any general law, or special 
ict for banking, or the incorporation of any monied institution, wilh- 
mt expressly providing in such law or act the following resolutions, to 
kvit: 

1. The stockholders shall be liable in their individual capacity for all 
he debts of such company or corporation to the amount of their respec- 
ive proportions of their stock and the debts, and shall, before any issues, 
)ledge and secure to the general assembly, as may be provided by law, 
imple securities for the redemption of all their paper in specie. 

2. All the capital stock shall be first paid in specie, before any issues 
>y said bank. 

3. No act shall be passed by the general assembly authorizing or le- 
galizing any suspension of specie payments. 

4. All hill holders shall be entitled to preference of payment before all 
>thcr creditors* 

5. Not more than three dollars for one shall ever be issued, nor any 
t>ill 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 such 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 

Digitized by VjOOQ IC 



108 JOURNAL OP THE CONVENTION. [June 30. 

management of Che bank^ for any dishonestj or swindling, either to indi- 
viduals or the public, 

7. Any violation of the terms and provisrona of such law ot charter 
shall be a forfeiture, and the company or corporation shall be liable to im- 
mediate prose<*.ution 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. 32. 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. Arcl>er, 

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 ot' 
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, and 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 acMng 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 comniittee 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 drst taken upon such amendments, and if any are adopt- 

Digitized by VjOOQ IC 



June 30.] JOURNAL OF THE CONVENTION. 109 

cd the question shall be opon 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 co.n- 
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 i<i 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. 

S. When the said report shall be enrolled as aforesaid, it shall be re- 
ported to the convention, and 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 ot 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 

Eurpose of considering the reports 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 line. 
The question was taken, and decided in the negative. 
Mr. Shumway moved to amend the second section by striking out the 
word ''two" in the third line, and inserting in lieu thereol the word 
" three." 

Mr. Thomas called for a division, so as to tike the question firat 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 Air. Edwards of Madison, 
L«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. 



Digiti 



zed by Google 



110 JOURNAL OF TULCONVENTION. [Ju/y 1. 

On motion o( Mr. Harvey, 
Leave of absence was grunted Mr, Edmoiisou for ten da)s. 

On motion of Mn Campbell of Jo Davics?, 
Leave of absence was granted Mr, Archer for one week. 

On motion of Mr. Archer, 
Leave of abscLce 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. Scales forwarded to the chair an invitation from a committee of 
the Sabbath convention, now in session in this city, requesting the consti- 
tutional conventioii to attend its session this afternoon ; ^hich 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 Springfield, 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-iporrow 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 1 1th 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 providing that the county courts shall have the *' exclusive 
risht to cause to be assessed and collected, as shall be provided by law, a 
tax on sections numbered sixteen/' &c., reported the same backy and ask- 
ed to be discharged from the further consideration thereof. 



Digiti 



zed by Google 



July 1.] JOURNAL OF THE CONVENTION- HI 

The question was taken, on discharging the commitlee, and decided 
in the affirmative. 

Mr. Hayes, from the commiltee on I^aw Reform, which was instructed 
b» resolution "to inquire into the expediency of exempting persons having 
conscientious scruples from serving on juries," &c., reported the sume 
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 day?. 

Mr. Campbell of Jo Daviess gave notice that on one week from next 
Monday, he intended to oiler 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 conslitution 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 
io 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* 
mand principles; therefore, 

Resolvedj That this subject be referred to a special rsmmittee, whose 
duty 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 '^ blind " the words ** and black." 
On motion of Mr. Thomas, 

The amendment was hid on the table. 

Mr. Scates 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 Montgomery, 

Resolved^ That the commiltee on Banks and incorporations, inquire io- 



Digiti 



zed by Google 



112 JOURNAL OF THE CONVENTION. {July 1. 

to the expediencj of so fimending the constitution as to forever prevent 
the state from chartering a hank in which she shall be, either dlrectijr or 
indirectly, concerned as stockholder or proprietor. 
On motion of Mr. Hogue, 

The convention again resolved ilself 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 ^< 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 whs 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. 

Mr. 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 negMtive. 

Mr. Sharpe moved to strike out the word '^ eight," in the second line of 
the second section, and insert in lieu thereof the word '^ nine." 

Tho question was taken, and decided in the negative. 

Mr. liohbins moved to amend thcstscond 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 tie 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 tho negative. 

Mr. Campbell of Jo Daviess 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 qtiestion was taken on agreeing to the amendment, and decided in 
the nofjative. 

Ml. Singleton moved to amend the third section by inserting after the 
word '^resided," in the third line, the words ^^ five years in the state, 
and." 

The question was taken on agreeing to the amendment, and decided in 
the negative. 

Mr. Dawson 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. 



Digiti 



zed by Google 



July L] JOURNAL OP THE CONVENTION. 113 

The question was then taken on striking out the word " thirtj/' and 
decided in tlic negative. 

On motion of x\f r. Shumwaj, 

The fourth section was amended by inserting after the word *• states,^' 
in the second line, the words •• and an inhabitant of this state/' 
Oti motion of Mr* Singleton, 

The fourth section was further amended by inserting iJter 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," m the second line. 

The question was taken on striking out, and decided in the negitive. 
' Mr. McCallen moved to umeud the sixth section by striking out the 
word " five,'* in the-first line. 

Ttie question was taken and decided in the negative. 

Mr« llt'gue moved to amend the sixth section by striking out (he word 
**five," in the second line. 

The question was tnken, 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 **onc member from each 
countyJ' 

On mptioD of Mr. Geddest 

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. 



TUKEB O'CLOCK, P. M. 



The convention met pursuant to adjournment. * 

On motion of Mr. Z. Casicy, 

The convrnii n resolved itself into a committee of the whole^ apnin to 
consider the report of the committee on the Legislative Department — 
Mr. Woodson in the chair. 

The question pending before the committee when it rose, was on tht 
motion ni»dc by Mr. Harding tins m«»rnin^, propo^^iog to strike out the 
words '♦seventy-five nyembers" &c., in tue second li^q of the sixth sec- 
tion. 

Mr. Hay moved to postpone the further consideration of the sixth sec- 
tion for ihc present. 

The question was taken, and decided in «he negative, 
8 ' 



Digiti 



zed by Google 



114 JOURNAL OF THE CONVENTION. [;^: 

The quefrlion was then taken on Mr. Harding's motion, and deciik. : 
the ncgHlivc. 

Mr. llnrvey moved to amend the same section hy inserting after i: 
word «* representatives,*' in the fourth Ime, the words *♦ bjr the legr^j. 
ture.'' . 

The question was taken on agreeing to the amendment, and decided c 
the negative. 

Mr. Church moved to amend the same section by inseriing after ♦^^ 
word ••diminished," in the second line, the words ••until thejear l^Q}J 

Mr. Hill moved tu amend the amendireni proposed by Mr. Cbur di. a 
follows: 

Strike out the words •* never to be increased nor diminished/' aiiiiis- 
lert in lieu thereof the following: i 

•^ Not to be inrre;it!cd nor diminished until the year 1850, at which tJTX 
the hgislature shall have power to add one mimber to the iKHiscof npre^ 
lentalives, for every addition to the present population of ten thtiiiy^/id, 
and one senator for every increase of thirty thousand, until the year l^6ll. 
attei which one member may t)e added to the house of represt ntaiisa 
for every twenty thousand additional population, and one ■eiiator for fT^ 
ry sixty thousand." 

The question was taken on agreeing to the substitute, and decided ia 
the ne|;aLivc. 

Mr. Kinney of Bureau moved to amend the amendment proposed bj 
Mr. Church, by inserting niter the word ** diminished," in the second I'm 
the words, '^until after the ycjir I8ii0, nor until the punctual payment o! 
the annual interest of the sthtedcbt shall have been (ully provided for— 
nor at any time thereafter sImII the number of members exceed ihirtj- 
three in the senate and one hundred in the house of represeiitntive.O 

The question was taken •n agreeing to the substitute, and decided ifl 
the negative. ^ 

Mr. Palmer of Niacoupin moved to amend the amendment prop<i<edbr 
Mr. Crhurch, hy m<*erting after the word ••diminiJ^hed,'' in theseiond line, 
the words •^ until the population of this state shall exceed one miJIion ol 
•ouls, and may then be increased to one hundred members in the hoaie 
of representatives.'* 

The questipn was taken on agreeing to the proposed substitute, and de- 
cided in the afBrmalive. 

On motion of Mr. Servant, 

The amendment, as amend* d, was fuither amended l)y striking out lh« 
word <'onf," and inserting the word *»two'' in lieu therco.. 

Mr. Thomas moved to arnend the amended amendment, by adding there- 
to the following: 

<• But such increase shall not exceed five at any apportionment which 
may be made/' 

The questiofc'Was taken on agreeing thereto, and decided in the negs- 
live. 

Mr. Laughlin moved the following as a substitute for the amended 
amendment: 

•* Ur.til after the year 19(^0, wh^n the legislature may increaae tlie nun- 
ber of reprebCDtatives to one hundred**' 



Digiti 



zed by Google 



Jnly I.] 



JOaRNAL OF THE CONVENTION. 



115 



The question was taken on agreeing thereto, and decided in the nega- 
tive. 

Mr. Deitc moved the following as a substitute for the amended amend- 
tneni: 

^* Umil the population of the state shall ^imount to one million of souls, 
when fiv-e members may be added to the house, and five additional mem- 
bers forevery five hundred thousand inhabitants thereafter, until the whole 
number of representatives shall amount to ooe hundred, after which the 
number shall neither be increased nor diminished. 

Mr. Singleton moved that the committee rise, report pr<^Tess,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- 
dedy and decided in the affirmative. 
On motion of Mr. Whitney, 

The convention rose, reported progress, and asked leave to sit again; 
leave was accordingly granted. 

On motion of Mr. Sharpe, 

Leave of absence was {^ranted to Mr. Choate for six days. 
On motion of Mr. Singleton, 

Leave of ab^enre was granted ^o Mr. Marshall of Mason for five days. 

Mr. Ca npbell of McDonough offered the following: 

Resolved^ Th.it no member of this convention shall receive his per diem 
pay for time not given by him in this convention, except in cases ot sick- 
ness 

iMr. Ballingall moved to amend the resolution by adding the word ^ here- 
after '• after the word **ihem." 

Mr. Scates moved to lay the resolution and amendment on the table, 
and the vote being taken by yeas and nays, 



Mr. Akin 
Awierson 
Armstrong 
Blair 
Blakely 
Ballingalt 
Bosbyshell 
Biitler 
Canaily 
Carter 
Cload 

Davis of Montgomery 
Davis of McLean 
Daw4on 
Diicnmer 
DuDlap 



»^»»-e, JJejJ ; 


• 


48 


• 


80 


ffirmative, are. 








Mr 


. Manly 
Marshall of Coles 


Edwariis of Madison 




Geddes 




MarshaU of Mason 


Green of Tazewell 




Mienre 


Hatch 




Miller 


HawleT 




MirishaU 


Henderson 




Moore 


Hoes 




Piiee 


Holmes 




Pinckn^ 


Herlbut 




Scates 


JackAon 




ttharpe 


James 




Servant 


JoilfS 




S*neleton 


Kfiapp of Jersey 




Smith of Oallatm 


Laridnr 




Vance 


McClttra 




Webber. 



Digiti 



zed by Google 



116 



JOURNAL OF THE COm^ENTION. 



[Jv/y !?. 



i Those voting in ihc negative, arc, 

lir. Adams Mr. 

Allen 
AtliertMi 
Brnckuian 
Bunseu 
Grain 

CainpbeU of MeDonovgh 
F. S. Casey 
Z. Case 

Cross of Woodford" 
Church 
Dale 
Ueitz 
Evejr 
Frick 
Gsahan 
Harding 
Harlan 
Harper 
Harvey 
Hay 
Ha3'es 
Hiii 
Hogue 
Hunsaker 
Huston 
>efikiD» 

On motion. 
The convention adjourned to to-nnorrow morning at nine o^cIock. 



JudJ 




Mr. Riveff 


Ki eider 




Kobbin» 


Keruier 


, 


Kohiiisoa 


Kinney of Bureau 


Rnioan 


Kinney of Si. 


Clair 


Itountree 


KitcheU 




Stadden 


KlIOWltOB 




Swan 


Knox 




Shields 


Lasaler 




Spencer 


Langhlin 




feibley 


Lemon 




Sim 


Lock wood 




Sinipsoiv 


Lo^an 




Shuuiviay 


MeCallen 




Thomas 


MoCiiHy 




I'honitoD 


McHatton 




Trower 


Idarkley 




Tumbult 


Mason 




Turner 


Matheny 




luitle 


KoSeii 




Veinor 


Moiris 




West 


Murtbcott 




IViliiamt 


Norton 




Whiteside 


Oliver 




Whitney 


Palmer of Maconpin 


Wooilson 


Palmer of Marshall 


Worceslsr, 


Peters 







FRIDAY, July 2, 1847. 



The convention assembled pursuant to adjournment. 

Prajer by Rev. Mr. Builey. 

The ji^urnal of yesterday wh9 read. 
On motion of Mr. Scates, 

Leave of absence was granted Mr. Canndy for eight days, in conse- 
quence of sickness in his fjunily- 

On motion of Mr. Know I ton, 

Leave of absence was ^^ran*cd to Mr. Lander for four ,day?, io conse- 
quence of sickness in his family. 
On motion of Mr. ANcn, 

T/cave of ab-ence was gran'cd to Mr. Pare for me weoTc. 

The question p^ndin^ wlien lhc» conv<>nlion nHjniirr»rd on ve^fordaf, 
was on in«»er!inc the word *• hiTraf't* r*' after the word " 'hprn.*' in a reso- 
lution offe.cd by Mr. Campbill of !V]cDonough, in relation to ihc per 
diem of absentees. 

Mr. Bdling.tll withdrew Ihe amendment. 

Wf. Gfddes moved to amend llie rej^ohition by strikmeoul all after the 
word •* resolve.!," anJ inset fii)^r j,, li(»u therrof the follnwiijo: 

*'Thatjt is iMiiu^t to pjiy imy per.«on for Istor he dors iiof ii#»rforr>v bnJ 
•s many have got leave of absence heretofore under the impression v 

Digitized by VjOOQ IC 



y^l 



JOURNAL OF THE COxNVENTION. 



117 



Living pny, let all lie treated with equity; Prcvhlp.d, howtver^ that for 
t future no member of this conventtnn shall tjei leave of iibieace, cx- 
>t in <*Hse< of sicknfss of thems'^lvca or fuinilies." 

On motion of Mr Thomas, 
T*hc substitute was laid on the table. 
There being no quorum present, 
On motfoii of Mr. Z. C'as»j, 
A call of the convention was onlered. 

The call having been proceeded in for some time, and a quorum mp- 
saring. 

On molion of Mr. Z. Casey, ^ 

The call w;is dispensed with. 

Mr. Builcr movci to amend the rcsdulimi hy striking out all after the 
rord ** re'?olvcd," and inserting in lieu thcroof the follo\%ing: 

•* Thai each member of this convention uive in the number of day* of 
lis atleiiiianre upon honor, inchidin^ the numbcr'^of days he has bren ab- 
L'fit by leave or on account of sickness, and those he has actually atlen- 
Icd in this co^iveRiiim. and the same be C'Crtificd by the president." 

Mr. Campbell of MrDonoutzh accepted the proposed substitute as a 
nodiiication of the original resolution. 

Mr. Siiigleton mf»ved to amend the modified resolution by striking out 
ill after the word *res<*lved," and insert in lieu thereof the following: 

*^That each member give in the number of days for which he is eitilled 
to pay, an<l the p<-esident certify the same," 

Mr. Whitney movtxl to lay the whole subject on the tab!e; which was 
takea byyeasnnd nays, 

Yeas i>9 



And decided in the ncj 



galivc, I 



Kays 



Those voting in the affirmative, are, 



Mr. Akin 
AMilersoR 
.\rmstrong^ 
Blair 
fitllin^all 
Bosbystielt 
Grain 
Canady 
Ciltlwell 

Campbell of Jo Daviess 
Carter 

Cro^s of Winnebago 
Cloud 
Chnrch 
Churchill 
Dawson 
biiminer 
Diinlap 
DuR'irBore 
Edwards of Madison 



Mr. FarweH 


Mr. MiWec 


Grabaia 


Minshall 


Geddes 


Moore 


Green of Jo Davtesi 


Northcott 


Hatch 


Palmer ef Macoupin 


Hawley 


Peters 


Henderson 


Pinckney 


Hoea 


Robin9oa 


Holmes 


Scates 


Hurlbut 


Stadden 


Jackson 


Swan 


James 


Sharpe 


Jon»*s 


Servant 


Kinney of Burean 
Knowlton 


Sineleton 


Sroilh of Macon 


Lnughlin 


Thomas 


Lemon 


Vance 


McClure 


Webber 


Marshall of CMci 


Wliitne/- 


Mieuris 





Digiti 



zed by Google 



118 



JOURNAL OF THE CONVENTION. [Juiy 2. 



Hnnsaker 


Mr. RiTi»s 


Huston 


Robbins 


Jeokioi 


Roman 


Jiidd 


Rouittree 


Kreider 


Shields 


KeiiDcr 


Spencer 


Kinney of St. Clair 


^'bley 


Knox 


Sin 


Lasater 


Simpson 


Linley 


Smith of Gallatii 


Lockwood 


Sbumway 


Lo^an 


Thompson ' 


McCalleD 


'IlioriitoK 


McCiilly 


Irower 


Markley 


Tornbull 


Mason 


Turner 


Matheuy 


Tiittle 


M'^A-lt 


Vfriior 


IMorris 


West 


Norton 


Wil kms 


Oliver 


White»Kte 


Palmer of Marekall 


Woodsoft 


Powers 


H orcester. 



Thot»e voting in the negativci are, 

Mr. Adams Mr. 

Allen 
Atherton 
Blakely 
JBrockman 
Bansen 
Butler 

Campbell of HcDoftongh 
P. S. Casey 
Z. Casev 

Davis of Montgomery 
Davis of Massac 
Deitz 

Edwards of 8«tngaBM>D 
Evey 
Prick 
Harding 
Harlan 
Harper 
Harvey 
Hay 
Hayes 
Hill 
Hogue 

Mr. Bosbjshell moved the following as a substitute for the ameni?ment: 

•*That if any nncm!)er of this convention is absent from prayers in ihc 
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 tinrie any member shall make a speech, two dollars; if absent during 
the time of offering any resolution, thirty-seven and a half rents; if aln 
sent duiing 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 nays, on the motion to ad- 
journ. 

And decided in the negative, Jn^"^' JiS 

Those voting in the affirmative, are, 

Mr. Blown Mr. Hurlbot Mr. West 

Campbell of Jo Daviess Jenkins Worcester. 

Green of Jo Daviess Miller 



Those voting in the negative, are. 



Mr. Adams 
Akin 
Allen 
Anderson 
Armstrong 



Mr. Atherton 
Blair 
BlakHy 
BaTlirifirall 
Brockman 



Mr. Bosbyshell 
Bnnsen 
Butler 
Crain 
Canady 



Digiti 



zed by Google 



Jvly±'i 



JOURNAL OP THE CONVENTION. 



119 



Mr. Caldwell 


Mr. Holmes 


Mr. Palmer of Marshall 


Campbell of McDonough 


Uufisaker 


Peters 


Carter 


Huston 


Pirickney 


F. S, Ca3cy 


Jnckson 


Powers 


Zadok Casey 


James 


Rives 


Cross of Wionebago 


Jones 


Kobbtns 


Cloud 


Judd 


Robinson 


Church 


Kreider 


Roman 


Churchill 


Keuner 


Rouhtree 


Davis of MoDtgonery 


Kinney of B«ire!in 


Scates 


Davis of Massac 


Kinney df St. Clair 
Knowiton 


Stadden 


Dawson 


Swan 


Deitz 


Knox 


Sharpe 


Dummer 


Lasater 


Shields 


DufiUp 


Laugh lin 


Spencer 


Donsmore 


Lemoa 


Servant 


Edwards of Madison 


Linley 


Sibley 


Rilwards of Sangamon 


Lock wood 


Sim 


Evcy 


Logan 


bimpson 


Farwell 


Loudon 


Singleton 


Fnck 


McCallen 


Smith of Gallatia 


Grabaio 


McCullv 


Shumway 


G<^ddes 


McClure 


Thomas 


Green of Tazewell 


Markley 


Thoi'iitoa 


Harding 


Marshall of Coles 


Trower 


Harlan 


Mason 


Turnbull 


Harper 


Matbeny 


Turner 


Harvey - 


Mieore 


Tiittle 


Hatch 


Minsball 


Vance 


Hawley 


Moffett 


Vernor 


Hay 


Moore 


Wead 


Hayes 


Morris 


Williams 


Henderson 


Northcott 


Whitesid« 


Hill 


Norton 


Whitney 


Hoes 


Oliver 


Woodson. 


Hogue 


Palmer of Macoupin 





The question was then taken on agreeing to the amendment, and de- 
cided ill the negative. 

The question was then taken, by yeas and nays, on adopting the mod- 
ified resolution, 

And decided in the affirmative, < vr^ *^^' * * ' ^y7 

(iNays, , * . . zi 



Those voting in the aflfirmafive, are, 



Mr. Adams 
Allen 
Armstrong 
Atherton 
Blair 
Biakely 
Ballinsall 
Brock man 
Bo^byshell 
Bansen 
Butler 
Cmin 
Canady 
Caldwell 

Camnbpll of McDonongh 
F. 8. Casey 
Z. Casey 



Mr. Cross of Winnebago 
Cloud 
Church 
Cbv^^ill 

Davis of Montgomery 
Davis of Massac 
Dawson 
Deitz 

Edwards of Sangamon 
Evey 
Farwell 
Fnck 
Graham 
Geddes 

Grnen of Tazewell 
Harding 
Harper 



Mr. Harvey 
Hay 
Hayes 
Hi'ndersoa 
Hill 
Hoes 
Hogue 
Hunsaker 
Huston 
Jenkins 
Jones 
JiiiM 
Kreider 
Kenner 

Kinney of Bureau - 
Kinney of St. Clair 
Kuowlton 



Digiti 



zed by Google 



1-20 



JOURNAL OF THE CONVENTION. 



[Ju/jfS. 



Mr. Knox 

Lasater 

Lantihlin 

Lemon 

Linley 

Lock wood 

Logan 

Loudon 

McCall^n 

McColly 

Markley 

Mason 

Matbeny 

Mieure 

Motfett 

Moore 

Morris 

Northcott 



Mr. 



Norton 


Mr. Simpson 


Oliver 


Smith of Gallatin 


Palmer of Marshall 


Smitti of Macon 


Petfts 


Sliumvway 


Pinckney 


Thomas 


Powers 


Iborifton 


Rives 


Trower 


Robbins 


TurnbuU 


Robinson 


Turner 


Roman 


THtite 


RouDtree 


Vance 


Scales 


Veriior 


btadden 


West 


Swan 


MTiliiama 


Shields 


Whiie>ide 


Spencer 


Woodson 


Sibley 


Worcester. 


Sim 





Those voting in the negative, are, 



Mr. Akin 



Anderson 

Brown 

Campbell of Jo Davitsi 

Cart-r 

Dmnmev 

Duiilap 

Diinsmore 

Edwards of Madison 



Mr. Green of Jo Daviess 
Harlan 
Hatch 
Hawley 
Holmes 
Hurlbttt 
Jackson 
James 
McClure 



Mt. Mai shall of Cotes 
Miller 
Mirishall 

Palmer of Macoupin 
Sharpe 
S«»rvaiit 
Sinirleton 
Wewl 
Whitney. 



.Mr. Butler offered the fallowing: 

Whereas incorporations, clothed ivith exclusive powers «ind privilriref. 
are contniry to the spirit and functamontaf principles of our lepuhlioin 
insfitution«y oppressive to the best inlcresis of the people at lar^e, and 
tend to unequal, unjust and oppressive monopolies; makitiji: the rich rich- 
er and the poor p<»orer; and whereas by such monopolies and < xclusive 
privileges, the capitalist is enabled to control ihe f»articular branch of bu- 
siness in which he may cngK^e, and conduct the same to the exclusion of 
the truly worthy and deserving, making wealth predominate over imrit, 
virtue and integrity; and whereas the chartering ^y law, and profccinii 
incorporations in the exercise of such excKirive, unequal, and unjust ]o^- 
ers and privileges tends to the concentration of capita I atid the business 
of the country in the hands of the few, and ti) the establishment of an 
aristocracy of wealth, and to the subjection of the many to mere depend- 
ant!" and servile operators; therefore, 

RfsolvrJt Tint the committee on Incorporations be instructed to inquire 
into the expediency of prohibiting the legislature Irom hereafter crealin<^ 
any companies, as^ocittions, or corporations, by special act, with exclu- 
f-ive powers and privilege^ except f.>r municipal purposes, and except in 
such cases, whero the objects of such assftcintirn, company or incorpnr^iiron 
cannot be accomplished under the provisions of a general law which maj 
apply equally to all persons. 

Mr. Logan called for a division, so a? to vote first on the adoption o/ 
the resolution. 

The question was taken on the adoption of the re^oIution, and decided 
in the attirmative* 



Digiti 



zed by Google 



y 2.] 



JOURNAL OP THE CONVENTION. 



121 



Mr. McCallen moved to lay the preamble on the table^anJ ihequeslion 
iii^ taken, by yeas and nays, 

64 
67 



I i ivas decided in the negative, < ^f ^'' 
Those voting in the affirmative, are, 



A.therlon 

Slakety 

Canady 

Cross of Winnebago 

Cburch 

Dawson 

Deitz 

Diimmer 

Diinlap 

Dunsinore 

£<iwaHs of Madison 

£ii wards of Saiigamon 

Graham 

GeJdes 

Green of Tazewell 

Harding 

Harlan 

Hirper 

Hay 

Helmed 

Huribut 



Mr. 



Jackion 


Mr. Pinckney 


Jones 


Rives 


Judd 


Robinson 


K*»nner 


Swan 


Kinney of Btireaa 
Kiiowlton 


Sbarpe 


Spencer 


Ktiiix 


Servant 


Lemon 


Sibley 


Lockwood 


Siiifcleton 


Iioean ^ 


Smith of Macon 


London 


Thomas 


McCallen 


Thornton 


Marshall of Coles 


Trimer 


Mason 


Turn bull 


Matheny 


Turner 


Mien re 


Tnttl« 


Miller 


Vance 


Minshall 


W«*nt 


NorthcoU 


Wtiliami 


Norton 


Whitney 


Palmer of Marshall 


Woodson. 



Those voting in the negative, are, 

Mr. Akin Mr. 

Allen 
Anderson 
Armstrong 
Blair 
Ballingall 
Brnckman 
Bosbysbell 
Brown 
Bunsen 
Butler 

Grain v 

Caldwell 

Campbell of Jo Daviess 
Campbell of McDonough 
Carter 
F. S. Casey 
Z. Casey 

Cross of Woodford 
Cloud 
Churchill 

Davis of Montgomery 
Davis of Massac 

Mr. Churchill moved to ad«i the following to the preamble, to be insert- 
ed after the lir«t two words thfrf»of: 

•' For specific oSjects by wljinh all have not the privilege of incorpo- 
rating themselves for tho samo object, and." 
On motion of Mr. Logan, 



Evey 


Mr. McChire 


Farwell 


Markley 


Frick 


Moffelt 


Green of Jo Daviess 


Moore 


Harvey 


Morris 


Hatch 


Oliver 


Hawley 


Palmer of Macoupin 


Hayes 


Powers 


Henderson 


Rohbins 


H.n 


Roman 


Hoes 


Rouiitree 


Hofifne 


Scates 


Hnn«»aker 


Staddcn 


Hii-sion 


Shields 


James 


Sim 


Jenkins 


Simpson 


Kreider 


Smith of Gallatin 


Kinney of St. Clair 


Shnmway 


Lasa'er 


Vemor 


Lantfhlin 


Wea.l 


Linley 


Whiteside 


McCullv 


Worcester. 



Digiti 



zed by Google 



123 



JOURNAL OP THE CONVENTION. 



[7tt/y 2. 



The further consideration of tbo whole subject was postponed until one 
week from next Monday. 

Mr Shumwuy offered the foHowing: 

Rt'solved, That thu committee cm Banks and Incorporations be instruc- 
ted lo report a clause to^be inserted in the con^ititution« prohibiting the 
estHb.ibhment ol a branch or branches of a United States liank iu this 
state. 

Mr, Vance moved to adjourn until three o*clock, p. m. 

Mr. Brown moved to adjourn until Tuesday next. 

Mr. Aiherton moved tt) adjourn until one week from next Mondaj. 

Mr. Whitney moved to adjourn until Monday. 

Thf* question was taken ou 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 deciJed in the negative, J Jj^J * * ! * 128 

Those voting in the affirmative, are^ 



Mr. Brown 


Mr. Miller 


« 


Mr. Wefct. 


Campbell of Jo Da^iMs 








Those voting in the negative, are, 






Mr. Adams 


Mr. Evey 




Mr. Laughlin 


Akin 


Farwell 




Jjemon 


Allen 


Frick 




Linley 


Anderson 


Graham 




Lockwood 


Armstrong 


Geddes 




Logan 


Atherton 


Green of Jo Daviess 


Loudon 


Blair 


Gre«n of Tazewell 


McCallen 


Blakely 


Harding 




McCully 


Ballinirall 


Harlan 


^ 


McChire 


Brock roan 


Harper 




Marklev 


Bosbyshell 


Harvey 




Mar9|)an ot Coles 


Bunsen 


Hatch 




.^ason 


Butler 


Hawley 




Matheny 


Grain 


Hay 




Mieure 


Canady 


Hayes 




Minshatl 
Moffett 


Caldwell 


Henderson 




Campbell of McDonough 


Hill 




Moore 


Carter 


Hoes 




Morris 


F. S Casey 


Hogue 




Northcott 


Z. Casey 


Holmes 




Norton 


Cro^s of Winnebafto 


Hunsaker 




Oliver 


Cross of Woodford 


Hurlbut 




Palmer of Macoupin 


Cload 


Huston 




Palmer of Marshall 


Church 


Jackson 




Peters 


ChTchill 


James 




Pinckney 


Davis of Montgomery 


Jenkins 




Powers 




Jones 




Rives 


Dawson 


Kreider 




Robbins 


D^itz 


Kenner 




Robinson 


Dummer 


Kinney of Btirean 


Roman 


Dnnlap 


Kinney of St. 
Knowlton 


, Clair 


Rountree 


Diinsinoie 




Scates 


Edwards* of Madison 


Knox 




Stadden 


Edwards of Saugaxnon 


Lasater 




Sbarpe 



Digiti 



zed by Google 



Jidy 2.] 



JOURNAI. OP THE CONVENTION. 



i23 



Mr, Shields 


Mr. SbQffiway 


Mr. Yemor 


SfNTiicer 


Tiiomus 


Wead 


Servant 


Tboruton 


Webber 


Sibley 


Trower 


Williams 


Sim 


Turubull 


Wbile^ide 


Simpson 


luruer 


Whitney 


Singleton 


Tuule 


Wuodsou 


Smith of Gftnatin 


Vttuce 


Worcester. 


Smith of Macon 







The question was then taken, bj jeas and nays, on adjourning until 
Monday^ 

And decided in the negative, J\^**' . • • • 



Those voting in the affirmative, are^ 



Mr. Anderson 
Brown 
Green of Jo Daviess 



Mr. Jackson 
Vauco 



Mr. Whitney 
Worcester. 



Those voting in the negative, are, 



Mr. Adams 
Akin 
Allen 
Armstrong 
Atherton 
Blair 
Ballinfrall 
Brockm»n 
Bosbyshell 
Bunsen 
Butler 
C^ain 
Canadr 
Caldwell 

Campbell of Jo Daviess 
Campbell of McDonough 
Carter 
F. S. Casey 
Z. Casey 

Cross of Winnebai^o 
Cross of VToodford 
Cloud 
Chnrch 
Churchill 

Daris of Montfromery 
Davis of Massac 
Dawson 
D-itz 
Dnmmer 
Dunlap 
Dunsmore 

£d wards of Madisorv 
Edwards of Sangamon 
Evey 
Farwell 
Frick 
Graham 
Geddes 

Green of Tazewell 
Harding 
Harlan 



Mr. Harper 


M/!*Morris 


Harvey 


Northcott 


Hatch 


Norton 


Hawley 


Oliver 


Hay 


P'llmer of Macoupin 


Hayes 


Palmer of Marshall 


Henderson 


P«ters 


Hops 


Pinckney 


Hogne 
Holmes 


Powers 


Rives 


Hnn.«aker 


Bobbins 


Hurlhut 


Robinson 


Huston 


Roman 


James 


Rouotreo 


Joi»es 


Scates 


Judd 


* Stadden 


Kreider 


Swan 


Kenner 


Sbarpe 
Shields 


Kinney of Bureau 


Kinney or St. Clair 


Spencer 


KnowltoD 


Servant 


Knox 


Sibley 


Lasater 


Sim 


Lanerhlin 


Simpson 


Lemon 


Singleton 


Linley 


Smith of Gallatin 


Lock wood 


Smith or Macon 


London 


Shumway 


McCallen 


Thomas 


McCnlly 


Thornton 


McClure 


Trower 


Marklev 


TurnbuU 


Marshall of Coles 


Turner 


Ma«on 


Tut tie 


Matheny 


Vernor 


>iieure 


Wead 


Miller 


West 


Minshall 


Williams 


A'offett 


Whiteside 


Moore 


Woodson. 



Digiti 



zed by Google 



lU 



JOURNAL OF THE CONVENTION. 



[July 2. 



The question was then taken on the motion to adjourn until three 
o'clock, p. M., and decided in the negative. 

Mr. Ueilz moved to amend the resolution by adding thereto the follow- 
ing: 

44 Without first obtaining leave from the state legislature." 

Mr. Shumwfi}' moved to lay the amendment on the table. 

Mr. Moflfett moved to lay the whole subject on the tabic until one week 
from next Monday. 

Mr. Shumway 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 until 
one week from next Monday, and decided in the affirmative. 

Mr. Singleton offered the following: 

Resolved, That the members of this convention shall not be entitled to 
paper, pens, and ink ut 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 th^^e rendering less 
than eight hours seivice each day; nor shall any member quit the nail for 
a longer period ihan^enty minutes, while the convention is in session, 
without leave of the pre>i lent, and an absence of more than twenty min- 
utes shall be considered a day. 

On motion of Mr. Thomas, 

The resolution wae laid on the table, by yeas and nays, ) j^j^yg" jg 



Those voting in the affirmative, are, 



Mr. 



Adams 


Mr. Hayes 


Akin 


Hill 


Anderson 


Ho^ue 


Brown 


Holmes 


Hansen 


Hunsaker 


Bntler 


Huston 


Canady 


Jackson 


Z. Casey 


Jones 


Cross ol Winnebago 


Kenner 


Clotid 


Kinney of Bareaa 


Churcti 


Knox 


Churchni 


Lauirhlin 


Davis of Massac 


Lockwood 


Dcitz 


Loi;an 


Duminer 


I^udon ••• 


Dun«more 


McCnlly 


Edwards of Madison 


McClure 


Edwards of Sangamon 


Markley 


Evey 


Mietire 


Graham 


Miller 


Green of TazeweU 


Moffett 


Haiding 


Moore 


Harlan 


Northcott 


Harper 


Norton 


Hatch 


Palmer of Macoupin 


Hay 





Mr. Palmer of Marshall 
Peters 
Pinckney 
Powers 
Robbins 
Roman 
Rountree 
Scales 
Swan 
Sharpe 
Spencer 
Servant 
Sibley 
Sim 

Smith of Macon 
Thomas 
Turnbull 
Turner 
Tutlle 
Vance 
Ven»or 
West 
Williams 
VV 00(1 son 
Worcester. 



Digiti 



zed by Google 



July 2.] JOURNAL OP THE CONVENTION. 



125 



Mr. Allen 


Mr. Frick 


Armstrong 


Geddes 


Atherton ^ 


Harvey 


Blair 


Hawley 


filakely 


Henderson 


BalliiiKall 


Hoes 


Brockman 


Hurlbut 


Bosbyshell 


James 


Grain 


Jenkins 


Caldwell 


Jiidd 


Campbell of Jo Daviess 


Kreider 


Carter 


Kinney of UX. Clair 


F. S. Casey 


Knowiton 


DawsoD 


Lasater 


Dunlap 


Iiemon 


Farweli 


Linley 



Those voting in the negative, arc, 

Mr. McCallen 

Marshall of Coles 

Mason 

Watheny 

Miiishall 

Oliver 

Rives 

Robinson 

Stadden 

Shields 

Sin^lt^ton 

Smith of Gallatin 

T^rntoD 

Trower 

Wead 

Whiteside. 

Mr. Hill offered the following: 

Resolved by this convention, that the standing hours of adjournment 
shall be eight o'clock, a. m., and two o'clock, p. m., each day, (Sundaji 
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 number 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, 

F. W. 

The question was taken, and decided in the negative. 
Mr. Hayes moved that the convention adjourn until two oVlock,F. u. 
The question, was taken, and decided in liie negative. 
Mr. Hogue moved to lay the whole subject on the table. 
Mr. CarxipbeJI of Jo DavicbS called for a division of the question. 
The question was then taken, by yeas and nays, on laying the amend- 
ment on the table, 



And decided in the 


affii 


malive, 


J Yeas, 


62 
5f> 


Those voting in the affirmative, are, 


» 


Mr. Akin 


Mr, 


. Green of TazeweU 


Mr. Lorkwood 


Blair 




H>irlan 




McCluie 


BallinsaU 




Hawley 




Marshall of Coles 


Biockinan 




Hay 




Mieure 


B«>8l»yshell 




Havps 




Miller 


Brown 




Henderson 


1 


Minshall 


BnnsHn 




Hill 




. Mfwire 


ButliT 




Hourue 




Morris 


C-iinpbell ofMcDonougfa 


Holiries 




Nortlirott 


Church 




Huston 




Norton 


Dawson 




Jnrksoa 




Palmer of Maconpia 


Diuiimcr 




Jones 




IVlers 


Dunsmore 




K«Muifr 




Rubinson 


Edwards of Madison 




K'niiev of Bureav 


Roman 


'Fnck 




Lnuffhlin 




Sf-ares 


Graham 




J.«*m.nn 




Swan 


Geddes 


■ 


Linley 




Sharpe 



Digiti 



zed by Google 



lie 



JOURNAL OP THE CONVENTION. 



{July 2. 



Mr. Servant 


Mr 


. Turner 


Mr. West 


Smith of Macon 




Vance 


Woodson 


Thomas 




Vernor 


Worcester. 


Trower 




Webber 




Those who voted in 


the 


negative, are, 




Mr. Adams 


Mr 


. Harper 


Mr. Moffett 


Allen 




Harvey 


Oliver 


Anderson 




Hatch 


Palmer of Manhall 


Armstrong 




Hoes 


Powers 


Atherton 




Hunsaker 


Rives 


Grain 




Hurlbut 


Robbins 


Canady 




James 


Kountree 


Caldwell 




Jenkins 


Stadden 


Campbell of Jo Daviess 




Judd 


Shields 


Carter 




Kreider 


Spencer 


F. S. Casey 




Kinney of St. Clatr 


Sbley 


Z. Casev 

Cross of Winnebago 




Knowlton 


Sim 




Knox 


Singleton 


Cloud 




Lasater 


Smith of Gallatin 


Churchill 




Lo^an 


Thornton 


Deitz 




McCallen 


Turnbull 


Dunlap 




McCully 


Tuttle 


Edwards of Sangamon 




Markley 


Wead 


Green of Jo Daviess 




Mason 


Whiteside. 


Harding 




Matheny 





The question was then taken on laying the resolution on the table, and 
decided in the affirmative. 

Mr. Servant offered the following: 

Resolvedly That in view of the celebration of the anniversary of Amer- 
ican independance, and the reception of the heroes of Baena Vista, and 
Cerro Gordo, on to-morrow, that, when this convention adjourns, it will 
adjourn to meet on Monday nexr, at 9 uV.ionk* 

On motion of Mr. Campbell of McDonough, 

The resolution was laid on the table until 3 o'clock, p. m. 
On motion ot Mr. f^aughlin, 

The convention adjourned until three o'clock, r. v. 



TDREB O'CLOCK. P. M. 



The convention assembled pursuant to adjournment. 
On motion of Mr. Geddfs, 

The resolution laid on the taUie at the adjournment was taken up. 

Mr. Thomas moved that the convention adjourn until Monday morning 
at nine o^clock. 

The question was taken, and decided in the negative. 

The question was then taken on the adoption of the resoIutjoUf and de- 
cided in the affirmative. 

Mr. Brown moved that the convention adjourn. 

The q'lestion was taken, and decided in the negative. 
On motion of Mr. Edwards of Sanj^moUf 

The use of the representative's hall was granted to Mrs. Browne and 
daughters for to-morrow evening, to give a complimentary concept to the 
niinois Tolunteers. ^ , 

Digitized by VjOOQ IC 



July 3.] JOURNAL OP THE COiNVENTION. 127 

On motion of Mr. Logan^ 

The convention again resolved itself into a committee of the who]^,and 
resumed the consideration of. the report of the committee no the Legis- 
lative Department, which was under consideration in said commit'.ee on 
yesterday — Mr. Z Casey in the chair. 

Mr. Harding moved to amend the sixth section by inserting after the 
word '^ districts,'^ in the fourth line, the words **and no county shall be 
entitled to more than one representative*/' 

The question was taken on agreeing to the amendment^and decided in 
the negative 

Mr» Harding moved further to amend by inserting after the word ^^ ap- 
portioned/* in the second line of the same section, the words ^^so that no 
election district shall be enlarged unless the fraction of ihe ratio of popu- 
lation, shall extend over one-thi**d of the ratio, nor then, but by contigu- 
ous territory." 

Tlie question was* taken on agreeing to the amendment, and decided 
in the negative. 

Mr. Ilaj^es moved further to amend by inserting after the words *' as 
herein provided for/' in the third line of the same section, the words " in 
ail future apportionments, when more th^n one county shall be thrown 
into a representative district, all the representatives to which said coun- 
ties miy be entitled shall be elected by the entire district." 

The question was taken on agreeing thereto, and decided in the affirma- 
tive. 

Mr. Scates moved further to amend by striking out the words ** twen- 
ty ,^ in the first line, and ** seventy," in the second line, and insert in lieu 
thereof the words "thirty" and ♦* sixty." 

Mr. Palmer of Macoupin called for a division. 

The qur^tion was taken on sti iking out, and decided in the nes;ati've. 

Mr. Thomas moved to amend the seventh section by striking out in the 
first and second lines, (he words, ^* January, one thousrind eight hundred 
and forty-nine,*' ani in8«;rt ** December, one thousand eight hundred and 
forty-eight.'* 

The question was taken on agreeing thereto, and decided in the nega- 
tive. 

Mr. Edwards of Sangamon moved to amend the seven ih scctiin by ad- 
ding thereto the words *^and shall not continue in session lor a longer 
period than sixty da} s." 

Mr. Brockman moved to amend the amendment by addini; thereto the 
following: 

" But the governor shall have power to proI<>ng the ses^on, 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 out the 
words •* the speaker of the senate excepted," in the socond Unp, 

The question was taken on agreeing thereto, and decided in the nega- 
tive. 



Digiti 



zed by Google 



128 JOURNAL OF THE CONVENTION. Uuly 2. 

I 

Mr. Sibloy moved further to amend by striking out all after the word 
•*chooHf*," in the first line, to Uie word *^<jrtch,"and to insert in lieu there- 
of the following: 

" Tlitir own officers; the senate shall choose a tempoiary speaker when 
the lieutenant governor shall not attend us speaker, or i>hall act as gov- 
ernor." 

The question was taken on agreeing thereto, and decided in the nega- 
tive. 

Mr. Wead ntoved 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 nega- 
tive. 

Mr. Graham moved further to amend by striking out the word ^ two," 
in the second line of the ninth section. 

The question was taken on agreeing thereto, and decided in the nega- 
tive. 

Mr. McCallen moved to amend the 10th section by striking cot the 
word •* two," in the first line, and insert •'five" in lieu thereof. 

A division being culled for, the question was taken on striking out, and 
decided in the negative. 

Mr. Sibley moved to amend the eleventh section by striking out the 
words ^* iwo-thirds," in the second line, and inseit in lieu thereof the 
words "a majority." 

The question was taken on agreeing thereto, and decided in the nega- 
tive. 

On motion of Mr. Vance, 

The eleventh feciion was amended by inserting after the words "two- 
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 follow- 
ing: 

•« And the reason for such expulsion shall be entered upon the journals, 
with the names of the menibers voiing for the same." 

Mr. Servant moved to amend section 13th by inserting after the word 
"and," in the second line, tiie words "during one day for every twenty 
miles necessary travel." 

The question was taken on agreeing thereto, and decided in the nega- 
tive. 

Mr. Kenner moved to amend the sixteenth section by adding thereto 
the iolinwintr: 

"And no bill shall hrcome a law without the concurrence of a majority 
•f all the meniherti eic<:t in both houses." 

The qu'tstirii wa^ takrn on aL'ri emir thereto, and no quorum voting, 

1 he conimiilce roM', and rcporictl tliat fact to the cotivcntiou by iLeir 
chairman. 

On moMon of Mr. f.ogan, 
Ordntd^ Thai ttio comminee liavb leave to sitogain on Monday next. 

On ii!0!ii?r? of Air. (ipd<les. 
The convention ii('jounied until Monday. 



Digiti 



zed by Google 



Jnly 5.] JOURNAL OF THE CONVENTION, 129 



MONDAY, July 5, 1847. 

The convention met pursuant to adjournment. 
Prayer by the Rev. Mr. Bergco. 
The journal of Friday was read. 

Mr. Butler presented the petition of Reuben D. Dodge and 68 others, 
inhabitants of Lake county, pra}ing 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 tirst 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 Reaben D. Dodge and 68 others, 
inhabitants of Lake county, prating 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. Dummer presented the petition of Sylvester Emmerson and thirty- 
seven others, citizsns 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 of 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 wat dispensed with, and the same were 
•eTerally referred to the committee on Education. 



Digiti 



zed by Google 



180 JOURNAL OF THE CONVENTION. [Jult,^. 

Mr. Vernor presented the petition of James Burns and fortj-six others, 
citizens of Washington coUntj , prajring that all resident freeliolders, 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. Scales, 

The ret^oiution 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. Scales, 

The convention resolved itself into a committee of the whole, again t« 
consider the report of the committee on the Legislative Department — Mr. 
Z. Casey in the chair. 

The question pending when the committee rose on Friday last, was on 
the amendment proposed by Mr. Kenner, to be added to the 16th 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 ^Maw," in the first line, the words: 

'< Shall contain any matters not pertinent to the title, and first section 
thereof, nor.-' 

And also, by inserting after the word ^- 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 Une, 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 amecdmeot, and decided in 
the negative. 

Mr. Peters moved to ^mend the same section, by inserting after tlie 
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 negm* 
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 anj 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, bj striking out the words, *^ private or 
local,^ in the fourth line« 



Digiti 



zed by Google 



July 5.] JOURNAL OP THE CONVENTION. 181 

Mr. Wead moved to amend the same section, bj striking out all a(ter 
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. Koox^s amendment to t!ie I8th section was 
reconsidered. 

The question then recurred on agreeing to the amendment, and having 
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 siiall take efiect, 
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 legisUture shall otherwise direct, by a vote of two-thirds ot each 
branch of the legislature." 

On motion of Mr. Thomas, 

The s^me 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 theieto, and decided in the ne<;a- 
tive. 

Mr. Cross of Winnebago moved to amend the 2Cth section, by sfrikine 
out the words '* forty-two," and inserting in lieu thereof the word *^sixty.^ 

Mr. Sharpc called for a division of the question, so as to take the vote 
first on sti iking out. 

The question wus 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 naoies; which being a quorum, 

The chairman of the committee of ihc 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 *<iwo," in the first Ime, 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 the same section, by insertlhg 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 



Digiti 



zed by Google 



132 JOURNAL OF THE CONVENTION. \July 5. 

the word "members** read **member;" and bj striking out the word 'Hheir/* 
in the hst line, and inserting in heu thereof the word **his.'* 

Mr. iluribut called for a division, so as to vote on each proposition scp- 
arati Ij. 

The question was taken on agreeing to the first proposition, and decided 
in the ntgaiive. 

The qut'siion 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 tlie negative. 

Mr. Williams rtioved to amend the same section, by adding thereto the 
words, '*and no more;*' which was agreed to. 

Mr. llountree 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 |)er day, in addition to his per diem as a member. The clerk 
of the house of represenlatives and the secretary ol the senate shall each 
be allowed the sum of 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 hi lieu thereof the word *'two." 
On motion of Mr. Kitchell, 

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. H. 

The convention met pursuant to adjournment. 
On motion of Mr. Thomas, 

A call of the convention was ordered. 

One hundred and fourteen members having answered, nni 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 report of the committee on the Legislative Department — Mr. 
Z Cnsey in the chair. 

The question pending when the committee rose, wa« on the amendment 
proposed by Mr. Logan to the amendment proposed by Mr. Rountree to 
the *2(Uh section, as am'-nded. 

The nufstion 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." 



Digiti 



zed by Google 



July 5.] JOURNAL OP THE CONVENTION. 133 

The question was taken on agreeing thereto, and decided in ihe affirma- 
tive. 

The question was then takon on agreeing to the amendment, as amend- 
ed, and decided in the affirmative. 

Mr. Scates moved iurther to amend the ssme section, bj 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 
ibilowing: 

'* 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. McCallen 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 to 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 scss^ion." 

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. iShurnway moved to amend the 2 1 si section, by inserting after the 
word *Maw," in the second line, the following: 

**Nor unless such pa} men i be made within four years next after the pas- 
sage of such appropriation act; and every such law making a new appro- 
priation, or continuing or reviving an appropriation, shall distinctly specify 
the sum appropriated, and the olject to \Nliich ii is to be ap[)lied; 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- 
live. 

Mr. Whiteside moved to amend the 22d section, by striking out all af- 
ter the first line, and insert in lieu thereof the following': 

'* Be 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 2lst section, by adding thereto the 
following: 

" And no person, who has been or may be a collector or holder of pub- 
li«: moneys, shall have a seat in either house of the general assembly until 
such person shall have accounted lor, and paid into the treasury, all sums 
for which he may be accountable." ^^^^^^ by Google 



134 JOURNAL OF THE CONVENTION. [Ja/y 5. 

The question was taken on agreeing thereto, and decided in the affir- 
mative. 

Mr. Wcad moved to amend the pame section, by inserting after the 
word "office," in the second hne, the words, -'or place of trust." 

The question ivas taken, and the amendment agreed to. 

Mr. Blciir 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 (vas 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. Baliingall moved to amend the 23th section, by inserting after the 
word '•shall,' in the fifth hne, ** during the time for which he was elected 
or appointed to such office, be eligible, or." 

The question was taken^ and tiie amendment was not agreed to. 

Mr. Davis o( 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 2r)ih section was amended, by striking out the word "register," 
and inserting in lieu thereof the word •• recorder." 
On motion of Mr. Hogue, 

The 26th section was amended, by aJding 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 Jihall have been rendi red, 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 slate 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 m»y he brought against the state; and no claim against the state 
shall be allowed until proven and established before some tribunal, and 
afterwards approved by the general assembly." 

Mr. Kiichcll 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. 



Digiti 



zed by Google 



Jfi/y 5.] JOURNAL OP THE CONVENTION. 135 

On motion of Mr. Edwards of Sangamon, 

The CWth section was amended, by striking out nil after the words '* real 
estate/' in the second line." 

On motion of Mr. Loffan, 

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." 

Air. Butler nKived to amend the 3 1st 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 'Individ u.ils,'* in the third 
line. 

The question was taken on the amendment, and decided in the negative. 

Mr. Edwards of Sang-'imon moved to amend the same section, by insert- 
ing after the word •^individual," in the second line, the following: 

** Nor to pass any Inw 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 SIst section, by striking out all after the 
word 'Maw,'' in the fifth line. 

On motion of Mr. Gcddes, 

The committee rose, reported progress, and asked leave to sit a^uin. 

Leave was accord inu:ly granted. 

Mr. Scatcs offered the following, as an additional section to the article 
reported by the committee on the Legislative Departmen*: 

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, or abolishment of the principles of the common ldw,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 provi.le 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 out of tiie state; 

To exempt from attachment, execution, and sale for taxes, or debt, such 
property as it may deem wise and expedient; 

To regulrite the descent of real estate, titles to the sam^, 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 and wife, pa- 
rent and child, guardian and ward, and master and servant; 

To establish and regulate counties, towns, cities, and districts, and rules 
for the municipal government therein; 

To regulate insolvencies; 

Digitized by VjOOQ IC 



1S6 JOURNAL OP 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 agricuhure, the mechanic arts, and manufactures; 

To promote general education, the progress of silence 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, di&ciplining, and calling for the militia 
to execute the laws of the state, suppress insurrections or repel invasions; 

To fix and locate the scat of government of the state, build, repair, and 
preserve a state house, and such other public offices as may be neressarj 
for the tr/msaction of the public business, and the preservation of the ar- 
chie es and pubUc records; 

To reguUte 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 /or making a geoio^'ical survey of the slate; 

To provide for revising the laws of the state from time to time, and 
publishing the same, in a condensed form; 

To pass all laws w hich shall be necessary and proper for carrying iDto 
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 containid in this constitution. 

And it is expressly declared that the government ordained and estab- 
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 G, 1847. 

Convention assembled pursuant to adjournment. 

Prayer by the Kev. Mr. Dresser. 

The journal of yesterday was read. 

Mr. Robbins presented the petition of Oscar F. McMillan and nineteen 
others^ citizens and qualified voters of the state of Illinois, praying that 
;i homestead of 160 aires of land, or a town lot of one acre, with the im- 
provements, be exempted from mortgage and forced sale, &c., and also 
'to secure families a more liberal amount of [ersonal property;'* when, 
on his motion, the reading was dispensed with, and the petition was re* 
lerred 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- 



Digiti 



zed by Google 



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, and, on 
his motion, referred to a special committee of five. 

Ordered^ That Messrs. Servant, Kinney of St. Clair, Constable, lloman, 
and Robbins, be that committee. 

Mr. Wead presented the petition of A. G. Little and sixty-one others, 
citizens of J ulton, Knox, Peoria, Mason^ and Brown counties, praying 
that provision may be made in the new constitution for a state superin. 
tcndent 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 
committee 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 com[)liance with the following resolution of your body, to wit: 
^ Resolved^ That the auditor of stale be requested to furnish this conven- 
tion, in tabular form, a statement of the revenue of the several counties 
of this ^tate; also, olf the state revenue from the years 1839, inclusive, to 
the present year; also, that the auditor of slate 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 
subjects aforesaid which can be obtained from the files and records of said 
counties; and that the said clerks further report the amount of the indebt- 
edness of said counties to said auditor," 

1 have the honcr to submit the acr.ompanying statement* with the re- 
mark that it contains the information asked for so far as ascertainable from 
the records in this office. 

1 have received reports from seventeen counties, which are herewith 
submitted. 

I have the honor to be your obedient servant, 

TllOS. 11. CAMPBELL, 

Auditor^ 

On motion of Mr. Kitchell, 

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- 
lowing as proper to be engrafted as an article in the new constitution of 
this state: 

ARTICLE — . 

r Section I. Corporations, not possessing banking powers or privilee^es, 
may be formed under general Iaw3, but shall not be crented by special acts, 
except for municipal purposes, and in ca?es where, in the judgmeni of 
the legislature, the 9bjects of the corporation cannot be attained under 
general laws. 
Sec 3. Dues from corporations not possessing banking powers or 



Digiti 



zed by Google 



138 JOURNAL OF THE CONVENTION. iJuly 6. 

privileges, shall be secured by such individual liabilities of the corporators 
or other means, as maj be prescribed by law* 

Sec. 3. No state bank shall hereafter be created, nor shall the state 
o^n, or be liable for, any stuck 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 legislature 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 

Sreneral election, for or against the absolute prohibition contained in the 
ourth 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. 

!2. Annpic security shall be required in specie of all bills and notes put 
in circulation as money, and a registry of all 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 c'retlits to 
circulate as money, shall be "individually responsible to the amount of their 
respective share or shares of slock 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 all 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 of 
all contested questions of forfeiture of banking privileges. 

Sec. tJ. Acts of incorporation for municipal purposes, whether gener- 
al orspec'al, may at any time be altered, amended, or repealed, and all 
general acts granting corporate powers of any kind other than for muni- 
cipal purposes, may at any time be altered, amended or repealed, but such 
alteration, amendment, or repeal shall, unless the riiht to make the same 
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. 

IJr. Cross of Winnebago moved 500 copies. 

On motion of Mr. Campbcil 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 reso- 
lution to inquire inlo the expediency of reporting sundr^ provisions to be 
adopted in ilic amended constitution, providing that *• there shall be no 



Digiti 



zed by Google 



Jultf 6] JOURNAL OP THE CONVENTION. 139 

bank of issue or disrount within this state ,*^ &c*, reported the same backf 
and asked to be discharged from the further consideration thereof. 

The question was taken, on discharging the commiilce, and decided 
in the affirmative. 

Mr. Kinnej of St. Clair, from the minority of the committee on Incor- 
porations, reported the following sections, us proper to be inserted in the 
new constitution: 

Section 1. No corporate body shall be hereafter created, renewed or 
extended within this state with blinking or discounting privijegps. 

Sec. 2. Corporations shall not be created in this state by special laws. 
Bat the legislature shall provide by general and uniform laws, uuder 
which corporations or associations of persons may bd formed, and not oth- 
erwise, except corporations with banking or discounting privileges, the 
creation of which is prohibited. 

Sbc 3. No persons, corporation, or associations of persons, shall be 
allowed to make, issue, or put in circulation, within this state, any bill, 
check, ticket, ccrtiticate, or other paper, or the paper of any bank, or its 
branches, or any evidence of debt intended to rirculate as money. 

Sbc 4. No branch, or agency ol any bank« or banking institution in 
the United States, or any state or territory, within qr without the United 
Statos, shall be established or maintained within this state. 

Src 5. The members of such corporations or associations of persons 
shall be individually liable for the debts, liabilities, and acts of such in- 
corporation or associations, and for the consequences resulting therefrom. 
On motion of Mr. Davis of Massac, 

The report was laid on the tabic, and 1,(K)0 copies ordered to be prin- 
ted for the use of the convention, with the report of the mcijority. 

Mr. Harvey from the same committee which had had under considera- 
tion sundry propositions, reported the same back, and asked to be discharg- 
ed from the further consideration of them. 

The question was taken on discharging the committee, and decided in 
the affirmative. 

Mr. Jenkins, from the committee on the Division of the State into 
Counties and their Organization, made report of the following: 

ARTICLE — . 

Section 1. No new county shall be established by the legislature, 
which shall reduce the county or counties from which it is taken, or eith- 
er of them, to less contents than four hundred square miles; nor shall any 
county be established of less contents, unless it shaif contain within its 
prescribed limits four thousand inhabitants; nor shall such new county 
be organized, until a majority of the qualified voters within its prescribed 
limits, at some election held for that purpose, shall have voted in favor of 
such organization. 

Sec. *Z. No county seal shall be removed, until the point to which it 
is proposed to be removed shall be fixed by law, and a majority of the 
qualified voters of the county shall have voted in favor of its removal to 
such point. 

Sec 3. There shall be estabJished in each county in this state a court 
of record, to be styled the county court, to be composed of three judges. 



Digiti 



zed by Google 



140 JOURNAL OF THE CONVENTION. iJuli/ I 

See. 4. Each county in this state shall be divided into three district^ 
as nearly equal, in point of population, as m«'iy be, and the county judges 
shall be selected, one from each district, and elected by the qualified vo- 
ters of the whole county. 

Sec. 5. The county court shall have power and jurisdiction in all mat- 
ters relating to county taxes, dishursenDent of money for county purposes, 
and in every other case that may be necessary to the internal improve- 
ment and local concerns of the county, and such other powers and juris- 
diction as the legist «ture shall from time to time pi escribe by law. 

Sec 6. There shall be establisihed in each county in this state, n court 
of probate, 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. 

Sec 7. The courts of probate shall have jurisdiction, in matters rc- 
latiiiir to the settlement of the estates of deceased persons, executors, ad- 
ministrators, and guardians, and such other jurisdiction as may be as^<igned 
to them by law; Provided^ however y that jodges of probate shall not act 
as justices of the peace. 

iSbc. 8. In each of the counties of this state ti.ere shall be elected, by 
the qualified voters therein, one cleik of the circuit court, one n^lerk of 
the county court, one recorder, one judge of probate, one sheriff, one cor- 
oner, one county surveyor, one assessor, one collector, and one treasurer, 
whose powers and duties shall be provided by law. 

Sec. 9. There shall be elected in each county in this state, in such 
districts or townships as the county court may designate, or as niay be 
authorized by law, as many justices of the peace, constables, and other 
officers and agents as may be necessary fo conduct the business of said 
counties, respectively, whose jurisdiction and duties shall be defmed by 
the legislature. 

Sec. 10. The judges of the county courts, clerks of the circuit courts, 
clerks of the county courts, sheriffs, coroners, recorders, judges of pro- 
bate, assessors, collectors, treasurers, justices of the peace, and constables, 
shall be elected for two }ears, and until their succes^iors are elected and 
qualified, and ali other officers or agents, authorized by this article, shall 
be elected at such times as the county court may direct, or as may be 
otherwise provided' by law. , 

Mr. McCallen moved that the report be laid on the table, and 1000 
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 be 
printed. 

Mr. Turnbull, from the minority of the same committee, reported the 
following as suitable to be engrafted into the new constitution: 

Section 1. No county heretofore erected and organized shall be re- 
duced by the legislature to a less area than four hundred square mile?, 
nor shall any new county be erected with a less area than four hundred 
square miles, unless ihe population thereof shall entitle the same to a re- 
presentative in the legislature. 



Digiti 



zed by Google 



6.J JOURNAL OF THE CONVEiNTION. 141 

*EC. 2, All county and township oflScers shall be elected by the pco- 

i of their lespectivc counties and townships. 

Sec 3. There shalJ be elected in each county in this state, one coro- 
er, one sheriff, on^ county survevor, one recorder, one or more assessor?, 
three county comnnis^ioners, and a prosec uting attorney, whose terms of 
)ffice, duties, and liabilities shall severally be prescribed by law. 

Sec!. 4. There shall be elected in each county a county treasurer, who 
shall be receiver and collector of the public revenue, and whose duties 
md liabilities shall be prescribed by law. 

Sec. 5. There shall be elected in each county in this state, a county 
auditor, who shall enter all lands l}ing in his county for taxation, shall be 
iz officio clerk for the county commissioners' court, and shall perform such 
>ther duties as may be required of him by law. 

S«;c. 6. There shall be elected in each tov/nship or fractional town- 
ship in this state, when the inhabitants thereof shall exceed fiUy in num- 
ber, three township trustees, who shall act as judges of elections for state, 
county, or township purposes, select their ratio of jurors settle with su- 
pervisors, aiid see U)at the public roads are kept in repair, and perform 
such other duties as may be required by law. 

Sec 7. There shall be elected one township clerk, one or more super- 
visors, two or more justices of the peace, two or more constables, three 
3verseers of the poor, and three fence- viewers, whose duties shall be pre- 
scribed by law. 

On motion of Mr. Turnbull, 

The report of the minori'y was laid on the table, and 500 copies ordcr^ 
ed to be printed with the report of the majoiity, for the use of the con- 
vention. 

Mr. Jenkins, from the same committee* submitted the following report, 
not as being the views of a majority of the committee, btit by order of 
the convention: 

ARTICLE — . 

Section 1 . No new county shall be formed or established by the legis- 
aturc which will reduce the county or counties, or either of them, from 
which it shall betaken, to less contents than four hundred square miles; 
nor sh;i!l any county be formed of less contents, nor any line of which 
ihall pass within less than ten miles of any county seat already establish- 
ed. 

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 coun- 
ty, nor unless a majority of all the legal voters of the county shall vota 
for the same. 

The committee also recommended to the convention a reconsideration 
>f this subject, in order that the last two sections might not become parts 
>r the amended constitution. 

On motion of Mr. Logan, 

The article last reported was lajd on the table, and ordered to be printed, 
Lccompinying the other reports, of today, on a similar subject. 
On .notion of Mr. Jenkins, 

Resolved^ That the committee on the Judiciary Department be instruc- 



Digiti 



zed by Google 



142 JOURNAL OF THE CONVENTION. {July 6. 

ted to inquire into the legality, jusfice, and expediency of inserting in the 
amended constitution the iollowing provis'oii, to wit: 

That all titles to land acquired by any person by purchase of the same 
at any sale for taxes, made by authority of this slace, shall be void, on' the 
condition that the person who owned the land, or his legal representatives, 
does, within. fire years from the adoption of this constitution, pay to the 

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 time of 

f>ayment, and such reabonable price for the improvement made upon such 
and as a jury called for the purpose may think is right, after taking into 
consideration the damage done to the land and timber, and deducting it 
from the value of said improvements. 

Resolved^ That if the committee on the Judiciary should think the plan 
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 deo.m expedient, if, in their opinion, any thing 
can be dune to relieve such as have lost their lands under the operations of 
said laws. 

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 Lrgislative Department — Mr. 
Woodson in the chair. 

The question pending when the committee rose on yesterday evening 
was on the motion of Mr. Scates to amend the 31st section by striking 
out all after the word **law,*' in the fifth line. 

After some time spent in the consideration of the same, 

On motion o\ 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. h. 



THSEB o'clock, P. 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 names, 
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 to 
consider the report of the committee ori the Legislative Department — Mr. 
Woodson in the chair. 

The question pending when the committee rose this morning was on the 
motion made on yesterday by Mr. Scates, and stated in this morning's jour- 
nai. 



Digiti 



zed by Google 



July 7.] JOURNAL OF THE CONVENTION. 143 

Mr. Logan moved to amend the article bj striking out the 31st section. 

The question having been taicent the amendment was iK)t agreed to. 

The question wjis then taken on the amendment proposed by Mr. Scales, 
and decided in the negative. 

Mr. Williams moved to amend the 31st section hy adding thereto the 
following: 

^'iu court; Praoidedj nothing herein contained shall prevent the pas- 
sage o{ 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* 
tive. 

The question was taken on agreeing to the amendment, and decided in 
the affirmalivc. 

Mr. Thornton moved to amend the same section by inserting after the 
word ^ law," in the 5th line, the following: 

^ Provided^ the general assembly shall have power to grant such char- 
ters of corporation as they may deem expedient, and not prohibited.^' 
On motion of Mr. Markley, 

The convention rose, reported progress, and asked leave to sit again; 
which 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 VVinnebago presented the petition of S. W. Leiand and 
thirty-four others, citizens of Winnebago county, praying that provis'on 
may be made in the new constitution lor a state superintendent of schools, 
with a liberal salary. 

Mr. Moflfett presented the petition of L. H. Brown and twenty-seven 
others, citizens of Carroll county, praying for a like provision. 

On motion, the reading of the petitions was dispensed with* and they 
were referred to the committee on Education. 

Mr. Holmes, from the minority oi the committee on Militia and Milita- 
ry Aflairs, submitted the following as suitable to be ingrafted into the 
amended constitution: 

Sbction 1. The miUtia of this state shall consist of all free white male 
able-bodied persons, residents of the state, between the ages of eighteen 
and forty-five years; except such persons as now are or may hereafter be 
exempted by the laws of the United States er of this state, and shall be 
registered, armed, equipped, and trained as the general assembly may pro- 
▼ide by law. 

Sec. 2. No person shall be compelled to bear arms in time of peace^ 
provided he shall pay an equivalent for such exemption; And provided^ 
Jvxtkery that this section shall not excuse any person from bearing armf 



Digiti 



zed by Google 



144 JOURNAL OF THE CONVENTION. [July 7. 

when called upon to aid the civil authorities, or to suppress insurrection, 
or repel invasion. 

8£(\ 3. Company, battalion, and regimental officers, f staff officers 
excepted) shall be elected by the persons composing their several compa- 
nies, batlalions, and regiments. 

Sec. 4. Brigadier and major generals shall be elected by the officers 
of their brigades and divisions respectively. 

8lc. 5. All militia officers shall be commissioned by the governor, 
and may hold their commissions for such time as the legislature may provide* 

Sec 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 retur-ning 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 repoit of the committee on the Legislative Department — 
Mr. Woodson in the chair. 

The question pending when the committee rose on yesterday, was on 
agreeing io the amendment proposed by Mr. Thornton to the 31st section; 
when, 

Mr. Thornton withdrew the amendment. 

Mr. Dcivis 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 ihe 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 affirmative* 

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 thmt 
part, also, of the motion, agreed to. 

Mr. Williams offered the following, to be added to the same section^ as 
amended : 



Digiti 



zed by Google 



tx/y 7.] JOURNAL OF THE CONVENTION, 145 

^* Or for collecting taxes hj distress aad sale of personal property with* 
ut judgment." 
The question was taken and the amendmeni agreed to. 
^Ir. 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; 
i^hich leave was granted. 
On motion, 
The convention adjourned to 3 o'clock, p. m. 

THREE 0*CU)CiC, P. M. 



The convention assembled pursuant to adjournment. 
Mr. Z. Casey offered the following: 

Hesohedj That this convention will adjourn sine die on Friday, the 31.s 
iost. 

On motion ofMr. 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, 
The 31st section, and the pending amendments, were informally passed 
over for the present. 

Mr. Markley moved to amend the 32d section by inserting after the 
word ^*]aw," in the third line, the following wordd: 

^' 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 Slates may be adopted by the general assembly as the enumeration 
of this state,'- and insert the word ••regular'' 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 Jo 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 



Digiti 



zed by Google 



146 JOURNAL OF THE CONVENTION. [July 8- 

each, senatorial, and not more than three representatives to any rcpresen- 
t;(tive 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 bj 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 ^^ 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: 

'Mn forming senatorial and representative districts, counties containing 
a population of not more than one fourth ever the existing ratio shall form 
separate districts, and the excess shall not be computed, but shall be added 
together and given to such countj or counties in the same judicial circuit 
not having a senator or representative, as the case maj be, which has the 
larges: white population." 

5fr. Harding offered the following as a substitute for the proposed sec- 
tion: 

^'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. Barger. 

The journal of Saturday was read. 

Mr. Servant presented the petition of Edward Boucherie an 
others, inhabitants of Kaskaskia, in relation to the commons near 
town. 



Digiti 



zed by Google 



July S.] 



JOURNAL OF THE CONVENTION. 



147 



On motion of Mr. Servant, 
The reading was dispensed with, and the petition referred to the same 
select commiitee 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 puhlic accounts, with the accompa- 
nying papers, reported the same back, and asked to be discharged 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, lunger than thirty min- 
utes." 

Mr. MarLIey moved to amend the ISth rule by striking out all after the 
word *• applicable," in the second hne, to the word " A," in the 4th line. 
On motion of Mr. iMcCallen, 
The previous question was ordered. 
The question was taken by yeas and nays, 

(Yeas, . . . .58 
(Nays, . • • .78 



It was decided in the negative, 



Those voting in the affirmative, are. 



Mr. Adams 
Akin 
Allen 
AthertoQ 
Blair 
Brockman 
Brown 
Bunsen 
Butler 
Canady 
Caldwell 
Carter 
F. S. Casey 
Z. Casey 
Colby 
Dale 
Beitz 
Dunlap 
Eccles 



Mr. Archer 
Ballingall 
Band 

Bosbysbell 
Crain 

Campbell of Jo Daviess 
Choate 

Cross of Winnebaf o 
Cross of Woodford 
Cloud 
Church 
Churchill 
Dans of MontgoiMiy 



Mr. Edmonson 


Mr. Oliver 


Prick 


Palmer of Marshall 


Green of Tazewell 


Pratt 


Harper 


Rives 


Harvey 


Bobbins 


Hatch 


Robinson 


Hawley 


Roman 


Hay 


Rouiitree 


Hill 


Scates 


Hunsaker 


Stadden 


James 


Shields 


Kreider 


Spencer 


Kenner 


Sim 


Kinney of St. Clair 
McCullv 


Trower 


Vance 


Markley 


Vernor 


Matheny 


Wead 


Moffett 


Witt 


Morris 


Woodson. 


igative, are, 




ft 
Mr. Davis of McLean 


Mr. Harlan 


Dawson 


Heacock 


Diimmer 


Henderson 


Dunsmore 


Hoffue 
HoFmed 


Edwards of Madison 


Edwards of Sangamon 


Rurlbut 


Evey 


Huston 


Graham 


Jackson 


Geddes 


Jenkins 


Green of Clay 


Jones 


Green of Jo Dayiets 


Judd 


Grimshaw 


Kinney of Bareau 


Harding 


Kitchell 



Digiti 



zed by Google 



148 JOURNAL OF THE CONVENTION. [July 8. 

Mr. Knowlton Mr. Mieure Mr. Singleton 

Knox Minshall Smith of Macon 

Lander Moore Sbamwaj 

Lasater Northcott Thomas 

Laugh lin Norton Thompson 

Lemon Palmer of Macoupin Thornton 

Lin ley Peters TurnbullJ 

Lock wood Pinckney Tarner 

*Loean Powers Tuttle 

Loudon Swan Webber 

McCallen Sharpe Williams 

Marshall of Coles Servant Whitney 

Mason Sibley Worcester. 

On motion of Mrl Edwards of Madison^ 

The following preamble and resolutions were unanimously adopted. 

Whereas, we have just learned, with deep emotion, th<it 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 evcrj heart was penetrated when the mournful intelligence of their 
fall on 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 id deemed highly right 
and proper in itself, as well as promotive of the spirit which ought to an- 
imatea free people, th<at we should rommemorate, if not by costly monu- 
ments, at least by a spontaneous expression of feeling, the heroic deeds 
and mnnly virtues of the deceased; it is* therefore, by this convention 

Resolved^ That we do cordially sympathize with the friends and^ fanii- 
'lies of the slain, who, by this awful visitation, have sustained a loss which 
all the honors of the world cannot deprive of its bitterness. 

Resolved f That we sincerely mourn the loss of the state, in the death 
of Hardin, Zabriskie, Houghton, and others, who have so largely contrib- 
uted to the lustre of her arms, and the elory of her name. 

Resolved^ That in the death of Col. Hardin, wc sincerely mourn the loss 
sustained by the state, in being deprived of a citizen who had deserved- 
ly acquired the respect and the aibction 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-* 
villc, 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, 

Rusolvedf unanimously. That this convention, in testimony of their deep 
sense of the loss the 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, 

Resolnedj unanimousltf^ That copies of the foregoing preamble and res- 



Digiti 



zed by Google 



Jvly 8.] JOURNAL OF THE CONVENTION. 149 

olutions, signed by Ihe president and secretary, be transmitted by the sec- 
retary to the fanailies of the deceased. 
On motion, 
The convention adjourned to three o'clock, p. v. 



THREE o'clock, P. X. 



The convention met pursuant to adjournment. 
On motion of Mr. Singleton, 

Leave of absence ^vas 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. Woodson 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 n^^ar- 
esl^" 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 motion of Mr. Archer, 

The 33d sectio^i was amended by adding at the end of said section, the 
fallowing : 

*'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.*** 

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 ihe 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 



Digiti 



zed by Google 



150 JOURNAL OP THE CONVENTION [July 8. 

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^ moved to amend (he amendmeot 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 nuthorized1)y law for some single object or work, 
to be distinctly 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, anH. such law shaM 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 takf'n, 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 Fources 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 sufiScient 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 thu 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 *« which said law shall be irrepealable." 

The question was taken, and the amendment as amended agreed to. 



Digiti 



zed by Google 



July 9.] JOURNAL OF THE CONVENTION. .. 151 

Mr. Scates moved to amend the same section, aa amended, by striking 
out the words '^contract debts," in the first line, and inserting in lieu 
thereof the words ** 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 ^^unless," in the fourth line of the same section, as 
amended. 

The question was taken, and the amendment not agreed to. 
On motion of Mr. Thornton, 

The same section, as amended, was further amended by inserting after 
the word "dollars,'* in the second line, ihe 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 siriking 
out the words ^^and against it,^' in the tilth line, and inserting in lieu 
thereof the words " members of the general 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, 1847. 

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 mnde 
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 Island county, praying for a 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 Dkpartment, 

Springjield, July 6, 1847. 
To the President of the Constitutional Convention: 

Sir: In compliance with a resolution of said convention,! have the bono 
to transmit, herewith, a statement of the public debt of the state of Illinois 
so far as the same appeais of record in the oHice of the fund commissioner 
I have the honor to be, very respecifolly, 

Your obedient servant, 

A. C. FRENCH, 
Ex officio Fund Commissioner* 



Digiti 



zed by Google 



152 



JOURNAL OF THE CONVENTION. 



[July 9. 



Outstanding State Dtht 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, Augiist 14, 1845, 


85,380 




$6,245,380 


Interest on same, July 1, '41 to July 1, '47, • 


2,248,372 



Taken up of bonds andscrip, $117,671 
On sale of railroad, - 21,100 

Deduct*^ For settlement with Macalister 
and Stebbinsi interest bonds, 
scrip, &c., . . 190,000 



$8,493,752 



Total internal improvement debt. 

Total amount of canal debt up to December 1, M6, inclu- 
ding interest. (See Reports 1846-'7, page 100.) 



329,771 

$8,I(W,981 



R,009,187 67 



Recapitulation* 

Internal improvement debt, &c. 

Canal debt, (exclusive of the §I.6C0,000.) 



Deduct amount paid as interest on public debt. 

Total, 

Total amount of school, collocre, and seminary funds. (See 
auditor's report, session '46 and '7, page 53.) 



$8,164,981 00 
6,009,187 57 

$14,174,1(:8 57 
131,550 35 

$1 1,042,618 22 



$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,(100 copies. 

Mr. Campbell of McDonou^h moved 3,000 copies. 

The question was successively tciken on printing 5,000, 3,000, and 2,000 
copies, and decided in the negative. 



Digiti 



zed by Google 



Jti>/9.] JOURNAL OF THE CONVENTION; 153 

Th? question was taken on laying the communication and accompa* 
nyingdocumenfs on the tableland printing 1,000 copies thereof, and de« 
cided ia the affirmative. 

On motion of Mr. Hogue, 

The ODnvention resolved itself into a committee of the whole, again to 
consider Uie report of the commiltee on the Legislative Depaitment — Mr. 
Woodson In the chair. 

Mr. Sbtrpe 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 35ih 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 same 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: 

^Prcfvidedj 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: 

•'Proi;iV/ecf, 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 every 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 W/is 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 moved to amend the same section by striking out the word 
'W," 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." 

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- 



Digiti 



zed by Google 



151 JOURNAL OP THE CONVENTION. [Ju^ 9. 

Bonable in its amount, and as lovir as could be obtained bj priVcite cod* 
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. 

Kir. Singleton moved to take up his motion to ce-coniider the vote by 
which the committee of the whole refused to insert the words "five jears 
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 31st section, was taken up. 

Mr. Sharpe moved to strike out the whole section sts 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 sr^ction, as amended, was further amended by inserting after 
the word "process" the words ''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 !ieu 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. 



Digiti 



zed by Google 



My 9.] JOURNAL OF THE CONVENTION. 155 

THREE oVlOCK, P. M. 

The convention met pursuant to adjournment. 
On motion of Mr. Lock wood, 

The convention resolved itself into a committee of the nvhole, to con- 
sider the report of the committee on the Executive Department — Mr. 
Grain in the chair. 

Mr.Lockwood moved to amend the second section, by adding thereto 
the following, before the words 'Mhe governor," in the first line: 

•The first election of governor shall be held on the first Mondaj of 
November, 1848, and the next election shall be held on the first Monday 
of November, 1852, and forever thereafter elections for governor shall 
be held once in four years, on the first Monday of November." 

Mr. Dale moved to amend the amendment by striking out the words 
"1852," and insert in lieu thereof the words **1850," and by striking out 
"four" and inserting »*two." 

The question was taken, and the amendment to the amendment not 
agreed to. 

The question was taken and the amendment agreed to. 

Mr. Lockwood moved to amend the third section by substituting 
therefor the following: 

"Sec. 3. The firstgovernor shall enter upon the duties of his oflfice on 
the second Monday of January, 1849, and shall hold his office until the 
second Monday of January, 1853, and until another governor shall be 
elected and qualified to office; and forever after the governor shall hold his 
oflSce for the term of four years and until another governor shall be elec- 
ted and qualified, but he shall not be eligible for more than four years in 
anj term of eight years." 

Mr. Cross of Winnebago moved to amend the amendment by striking 
out 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 
amendment added to the second section; which motion lies over one day, 
under the rule. 

Mr. Edwards of Sangamon moved to add to the third section as amen- 
ded the following: 

*'Nor to any other office until after the expiration of his term for which 
he was elected.** 

The question was taken, and the amendment agreed to. 

Mr. IVatl moved to strike out the 4th section and insert in lieu thereof 
the followmg: 

'*No person except a citizen of the United States, and who shall have 
been a resident of this state for the period of five years next preceding 
his election shall be eligible to the office of governor; neither shall any per- 
son be eligible to that office who shall not have attained the age of thirty 
years." 



Digiti 



zed by Google 



156 JOURNAL OF THE CONVENTION. [July 10. 

The queition was taken, and the amendment not agreed to. 

Mr. Lemon moved to amend the same section by striking out the words 
"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 word 
"except," in the first line, the words "a natural born citizen or," and by 
striking out the words "at the adoption of this constitution." 

Mr. Logan moved to further amend the same section by adding thereto 
the words: "and have been a citizen of the United States fifteen vears.^' 
On motion of Mr. Campbell of Jo Daviess, 

The committee rose, by Mr. Crain, their chairman, re[)orted 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. Whitney, 

Leave of absence was granted to Mr. Adams for ten days, in conse- 
quence of sickness in his fimily. 

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 si^perintendent of pub- 
lic instruction, with a liberal salary; which, without reading, was referred 
to the committee on Education. 

Mr. Nichols presented the petition of John Brown, and twenty-two 
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 the 
improvements, from mortgage and forced sale, for any debt or liability en- 
tered into from and after (he adoption of the constitution; which was 
read, and, on his motion^ referred to the committee on Law Reform. 

Mr. Thomas moved to take from the table a resolution introduced by 
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 the 
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 here- 
after the use of committees of the whole in the deliberations of this body 
' shall be discontinued. 

Mr. Hayes moved to refer the resolution to the same committee to which 
was referred the resolution of Mr. Thomas. 



Digiti 



zed by Google 



July 10.] JOURNAL OF THE CONVENTION. 157 

The question was taken, and decided in the negative- 
Mr. ila/es then withdrew the resolution. 
On motion of Mr. Lockwood, 

The convention resolved itself into a comnnttee 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 jesterday, was on 
the amendment offered bj Mr. Logan to the fourth section. 

Mr. Logan modified the amendment bj striking out the word ^^fiftcen,'* 
and inserting in lieu thereof the word ^^fourteen." 

The question was taken, and the amendment as modified was agreed to. 

Mr. Marklej moved further to amend the same section, by striking out 
the word "five." 

The question was put, and the amendment rejected. 

Mr. Markley moved to reconsider the vote taken on the amendment 
offered by Mr. Logan; which lies over one day. 

Mr. Whitney moved to reconsider the vote just taken on the amend- 
ment proposed by Mr. Markley; which lies over one day. 

Mr. Jones moved further to amend the same section by striking out the 
words <*at the time of the adoption of this constitution.'' 

The question was taken, and the amendment agreed to. 

Mr. Shumway moved to amend the tilih section further by striking out 
the words '* twelve hundred and fifty,'' and inseit in lieu thereof the 
words " one thousand." 

Mr. Cross of Winnebago moved to amend the amendment by striking 
out 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 
for each day's actual service thereafter." 

The question was taken, and the amendment to the amendment agreed 
to. 

The question recurred on the amendment as amended, when, 

Mr. Edwards of Sangamon called for a division, so as to take the vote 
first 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 
section : 

^ That the governor shall receive the sum of fifteen hundred dollars per 
annum for his services as governor, and which sum shall not be increased 
nor diminished." 

Mr. Dale moved to amend the amendment by striking out the words 
** fifteen hundred/' and insert in lieu thereof the words ^' one thousand." 

Mr. Vance called for a division, so as to take the question first on strik- 
ilisout the words '^fifteen hundred." 

The question was taken on striking out, and decided in the aflirmative. 

The qiiestion was taken on inserting the sum of **one thousand," and 
decided in the negative. 

Mr. Campbell of Jo Daviess moved to amend, the amendment by sub- 
stituti'^g therefor the following: 

•' The governor shall reside at the seat of government, and receive for 



Digiti 



zed by Google 



15S JOURNAL OF THE CONVENTION. [/u/y 12. 

his salary the sum of two thousand dollars per annum, which shall not be 
increased or diminished, and he shall be ex officio fund commissioner/' 
On motion of Mr. Logan, 
The commiitee rose, repo'-ted progress, and asked leiive to sit again; 
which was granted. 
On motion, 
The convention adjourned until Mondaj morning, at 9 o'clock. 

MONDAY, July 12, IS47. 



Convention assembled pursuant to adjournment. 

Prajer by Rev. Mr. Palmer of Marshall, a member. 

The journal of yesterday was read. 

Mr. Lockwood oflfered the following, to be added to the revised consti- 
tution, as an article in relation to taxation: 

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 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 re- 
demption 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 he shall 
serve on the person or persons, in whose name or names such land or lot 
is or are taxed, a similar written notice if such person or persons shall re- 
side in the county where such land or lot shall be situated. And in the 
event the person or persons, in whose name or names the land or lot is 
taxed, do not reside ii 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 published in this 
state to the county in which such land or lot is situated, which notice 
shall, be inserted three times, the last time not less than three months be- 
fore the time of redemption shall expire. Every purchaser, 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, which shall be de- 
livered 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 carefully preserved 
among the files of his office. Any person swearing falsely in any such 
affidavit shall be deemed guilty of perjury and punish(*d accordingly. In 
case any purchaser shall be compelled under this section to publish a no- 
tice in anewspaper, then, before any person who may have a right to re- 
deem such land or lot from such tax sale shall he permitted to redeem, he 
or she shall pay the officer or person who, by law, is authorized to receive 



Digiti 



zed by Google 



July 12J JOURNAL OF THE COxWENTION. 159 

such redemption money, the printers fee for publishing such notice and whe 
expense of swearing or affirming to the affidavit and filing the same. 
On mntioQ of Mr. ilurlbut, 

The proposed article was laid on the table, and 200 copies ordered to 
be prifited for the use of the convention. 

Mr. Scates, from the committee on the Judiciary Department, made the 
following report: 

Mr. President: The committee on the Judiciary, to which have been 
referred so much of the present constitution as relates to that department 
of the government, together with various resolutions of enquiry relative to 
the expediency of sundry changes, amendments, and modifications in the 
organization of that department; and, also, in relation to attorney gener- 
al, and staters attorneys, and county attorneys, ^c, have had those sev- 
eral subjects under consideration, and have directed me to report the fol- 
lowing arti<;le to be inserted in the constitution: 

ARTICLE — . 

Section 1 .^.The judicial power of this state shall be vested in one su- 
preme court, in circuit courts, and in such inferior courts as the legislature 
shall, fron^time to time« ordt!in and establish. 

Sec* 2. The supreme court &hall have appellate jurisdiction only, ex- 
cept in cases relating to the revenue; and power to issue writs of habeas 
corpus^ mnnddmuSf prohibition^ quo warranto^ informations ^ in the nature of 
writs of qtw warranto and certiorari^ and to hear and determine the same, 
and in such cases of impeachment 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 justices of the supreme court shall be efected by the 
qualified voters of the state on the first Monday of March after the adop- 
tion of this article; returns whereof shall be made to the secretary of 
state, who shall count the same in the presence of the governor and au- 
ditor, or either of them; the three persons having the highest number of 
votes shall be elected. 

Sec. 5. The secretary of state shall, in the presence of the same per- 
•ons» 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 oiher^two years; and 
each until his successor is commissioned and qualified. Thereafter, an 
election shall be held every two years, on the first Monday of March, for 
one justice of the supreme court, who shall hold his office six yeafvS and 
until his successor is qualified. After the term of the first chief justice 
•spires, the justice oldest in commission shall be chief justice. 

Sec. 6. One term of the supreme court shall be held annuallyi in 
each 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- 
ed from time to time, as the legislature may provide. 



Digiti 



zed by Google 



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 judicata! 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, and 
no more, payable quarterly. 

Sbc. 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 be 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 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 address of two-thirds elected to each branch of the general assem- 
bly; Provided, alvcays^ that no member of either house of the general as- 
sembly shall be eligible to fill the vacancy occasioned by such removl. 

Sec 12. The governor shall commission the justices and judges for 
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, and 
every two 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 judicial 
circuit. 

Sec 16. A competent number of justices of the peace shall b« 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 for justices of the supreme court, and 
every two years thereafter, an attorney general shall be elected by the 
electors oi the state, who shall be co.nmissioned 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 forjudge of the circuit court, and every 
two years thereafter, there shall be elected, by the voters of each circuit, 
a staters attorney, who shall be commissioned by the governor, hold his 
office for two years, and receive an annual salary of four hundred doHars, 
payable quarterly, and whose duties shall be prescribed by law. 
On motion of Mr. Markley, 



Digiti 



zed by Google 



Jtdy 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 conlrcntion. 

Mr. Scates, 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 (he 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 — . 

Sscnoif 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. 

Sac. 2. The supreme court shall consist of 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. 

Sbc 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 divisuons 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 years, and of one in six years, to be decided by lot, so that 
one of said judges shall be elected once in every two years. The judge 
haying 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 erant 
writs of habeas corpus^ certiorari^ quo warranto^ informations in the nature 
of quo warranioj and all other remedial writs, and bear and determine the 
tame. 

Sec 6. The supreme court shall sit at least once in each year in each 
of the three grand divisions in this state, and in such other places as may 
be prescribed by law. 

Sec. 7. The state shall be divided into twenty judicial districts, in 
each of which one circuit judge shall be elected by the qualified electors 
thereof, who <ihall hold hi» ofllice for the term of four years, and until his 
'Successor shall be commissioned and qualified. 

Sec 8. There shall be four terms of the circuit court held in each 
county in this state, in each year; and said circuit courts shall have juris- 
diction in all cases at law and in equity, in pro^^ecution for crimes and mis- 
demeanors, and in cases of appeal from all inferior courts. 

Sec. 9. All vacancies in the supreme and ciicuit courts shall be filled 
by election as aforesaid; Provided^ Aotofver, that if the unexpired term 
does not exceed one year, the vacancy shall be filled by executive ap« 
poiiitment. 

Sec. 10. .Th*^ justices of the supreme court shall receive a salary of 
twelve hundred dollars per annum, payable quarterly, and no more. The 

Digitized by VjOOQ IC 



162 JOURNAL OF THE CONVENTION. [Jufy 12. 

judges of the circuit courts shall receive a salary of five hundred dollars 
per annum, payable quarterly, and a ducket lee of one dollar per jifii um, 
payable quarterly, uiid a docket fee of one dollar in each caui^e enured 
on the dockr^t ol said court, except lor the allow Hnce of claims in pro- 
bate cases not litigated, and in suits instituted in former (auperies; niiich 
docket fee shall, in all casefc, be advanced before the catise shall be enter* 
ed on the ducket of said couit. 

Sec. 1 1. No person shall be eligible to the office of judge of any court 
in this state, who is not a citizen of the United States, who shall i.ot have 
resided in this state two vears next preceding his election^ and ^ho shall 
not, at the time of his election, reside in tlie division or circuit where 
elected. No judge shall, during the term ior which he shall have leen 
elected, and two years tiiereafier, be eligible to any office or place of trust 
except a judicial office. 

Sec. 12. Any judge of the supreme court may be removed from office, 
by address of both houses of the legislature, if two- thirds of all the mem- 
bers of each house concur therein, but no removal shall be mode unless the 
party complained of shall have been served with a copy of the com))laint, 
against him, and shall have had an opportunity of being heard io his de- 
fence. 

Sec. 13. There shall be elected by the qualified vo'ers of this state 
one attorney general, who shall held his office for the term of two years, 
and until his successor shall be commissioned and qualified. He shall per- 
form such duties, and receive such fees as may be prescribed by law. He 
shall aUo receive a salary of live hundred dollars per annum, poyablc quar- 
terly. 

Sbc. 14. There shall be elected in each of the judicial circuits by the 
qualified electors thereof, one prosecuting attorney, who shall hold hii 
office ibr the term of two years^ and until his successor shall be commis-* 
sioned and qualified, who shall perform such duties, and receive such fees 
as may b? prescribed by law. Each of said pro^ecuting attorneys shall 
receive a salary of two hundred dollars per annum, [ayable quarterly. 

Sec 15. 1 he 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 two 
years, and until his successor ^hall be commissioned and qualified, who 
shall perform such duties and receive such compensation as may lie pro- 
scribed by law. The clerk of the circuit court in the county where the 
supreme court shall si^^ shall be clerk of the supreme court. 

Skc. 16. The qualified electors of the several townships or districts of 
this state shall elect a competent number of justices of the peace, who 
shall hold their offices for the term of two years, and until their succcs^c rs 
shall be commissioned and qualified, who shall perform such duties, re- 
ceive such compensation, and exercise such jurisdiction, (not exceeding one 
hundred dollars in civil cases.) as may be prescribed by law. 

Sec. 17. The general assembly shall provide by law, in what manner 
and for what cause (he attorney genera!, the prosecuting attorneys, the 
cleiks of the circuit and supreme courts, and justices ol the peace, or any 
ol .hem, may be removed from office, but all vacancies in either of said 
ofli^es shall be filled by election ^ Prwided^ however ^ that if the anespired 



Digiti 



zed by Google 



J'uiy 12.] JOURNAL OP THE CONVENTION. It}3 

term do not czoted one year, the vacancy shall be filled in such manner as 
may be provided by law* 

^>£c. 18. An election for the several officers namod in this article shall 
be held on th^ second Monday in March next, after the adoption of this 
constitution, and every two years thereafter. 

Mr. Peters moved that the report be laid on the table, and 200 copies 
ordered to be printed for the use of the convention. 

Mr. Campbell of Jo Daviess moved 1000 copies* 

The question was taken on printing 1000 copies, and decided in the 
negative. 

The question was taken on the motion to print 200 copies, and decided 
in the afiirmative. 

On motion of Mr. Campbell of Jo Daviess, 

A call of the convent'on was ordered. 

The call was proceeded in, and a quorum being found to be present, on 
motion, further proceedings under the call were dispensed with. 
On motion of Mr. Mark ley, 

Leave of absence was granted to Mr. Kreider for six days. 
On motion of Mr. Armstrong, 

Leave of absence was granted to Mr. Morris for six days. 
On motion of Mr. Geddes, 

Leave of absence was granted to Messrs. Sharpe and Miller for eight 
days. 

Mr. Hurlbut, from the minority of the c<tmmittee on the Judiciary De- 
partment, reported the following additional sections: 

Sec. — . There shall be in each county in this state a county court, to 
consist of one judge, to be called the county judge, who shall be elected 
by the qualified voters of the county on the same day fixed for the elec- 
tion of other Judicial oflicers, and hold office for the term of four years, 
and until his successor shall be elected and qualified. 

Sec — . The jurisdiction of the county court shall extend to all mat- 
ters of wills, intestacy, and the settlement of estates as usually conferred 
on courts of probate — to all suits arising from questions of roads, bridges, 
and county revenue — to the issuing and determining writs of "^^ad quod 
damnumf'*^ and to all clauses upon the county an appeal upon certificate 
to the circuit court. 

Sec. — . The terms of said county court shall be held quarterly; and 
the county judge shall receive a salary of two hundred dollars per annum, 
in all counties where the population is less than 10,000; of three hundred 
doUars, per annum, where the population exceeds 10,000^ but is less than 
15,iX)0; and four hundred dollars where the population exceeds 15,000; 
to be paid quarterly out of the county treasury. 

Sec — . The recorder of each county shall be clerk of the county 
court, and shall receive no fees as clerk, except for certificates and tran* 
scripts of records in said court. 

Sec. — . Nothing in the preceding sections contained shall beheld to 
prevent the legislature from establishing in any city or county, courts of 
jurisdiction concurrent with the circuit courts, when desired by a majority 
of the qualified voters of the city or county, and to be maintained and 
iQpported by the treasury of such city or county. 

Digitized by VjOOQ IC 



164 JOURNAL OF THE CONVENTION. [July 12. 

Mr. Rountrce offered the followiQg as a substitute for the report offered 
by Mr. Hurlbut: 

Skc. 1. There shall be established in each of the counties in this state, 
now organized, or hereafter to be created, a court of record of the couo- 
ties, respectively, to be composed of the justices of the peace of the said 
counties, respectively. 

Sec 2. The said county court shall have power and jurisdiction in 
all matters relating to county taxes, disbursement of money for county 
purposes, roads, bridges, and every other case that may be necessary to 
the internal improvement and local concerns of the county. 

Sec 3. Said courts shall have jurisdiction in all matters relating to 
the settlement of the estates of deceased persons, executors, administra- 
tors, and guardians; and such other powers and jurisdiction as the general 
assembly shall from ti.ne to time prescribe by law; Provided^ that any 
number of said justices of the p'-ace, not less than three, shall constitute a 
quorum to do business, under such regulations as may be prescribed by 
law. 

Sbc 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^crk 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 genenil assembly to be begun and held on the first Monday ia 
January, eighteen hundred and fifty-three, after which time the terra of 
office of said respective officers sha^l 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. Kenncr moved to lay the report on the table, and that 200 copies 
of them bo printed for the use of the convention. 

The question was taken on the last motion, and decided in the affirma- 
tive. 

Mr. Scatcs 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 constl* 
tute a quorum of thi? convention to do business, until the 20th inst., and 
thereafter no leave of absence shall be granted to any member of this con- 
vention but for sickness of himself or family. 

Mr. Wead moved to amend the resolution by striking out so much of 
the lesoluiion as relates to leave of absence. 



Digitize 



|d by Google 



July 13.] JOURNAL OP THE CONVENTION. ICf) 

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 comnuttce 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 bj Mr. Campbell of Jo Daviess, in lieu of the sub- 
stitute oflfcred by Mr. Knapp of Jersey, for the filth section. 

Mr. Campbell of Jo Dnvicss modified his substitute so as to strike out 
the words ^* two thousand dollars." 

The question was taken on the substitute for the substitute oQ*ered by 
Mr. Knapp of Jersey, and decided in the aflirmative. 

Mr. Campbell of Jo DaTiess 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 'Hwo thousand dollars," 
^'fifteen hundred dollars," and ^^ne thousand dollars/' and decided in the 
negative. 

Mr. Jones moved that the committee rise, report progress, and ask 
leave to sit again. 

The question w:is 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- 
lar?,'* and " fourteen hundred dollaTs," and decided in the negati%'c. 

The question was successively taken on inserting ^' twelve hundred and 
fifty dollars," and *• fourteen hundred- dollars," and decided in the nega- 
tive. 

Mr. GeJdes 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. m. 



TUREE 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^ ^s pending. 



1G6 



JOURNAL OF THE CONVENTION. [July l± 



Mr. Campbell of Jo DHVtess moved that the coaTcntion adjourn uotil 
Thursday, three o^clock, p. m. 

The question was taken, and decided in the negative. 

The call having been proceeded in ior some time, and a quorum being 
present, 

On motion of Mr. Z. Casey, 

Further proceedings under the call were dbpenscd with. 

Mr. Lock wood moved to take from the table tLe resolution offered this 
morning by Mr. Dawson in icUtion to a quorum, &c. 

The question was taken, by yeas and nays, 

(Yeas, • • • • 41 
(Nays, • . • . 74 



And decided in the negative, 



Those voting in the aflirmativr, are. 



Bir. ANen 
AtbertoR 

Campbell of McDoiMMigb 
Cboate 
Dale 

Daris of Montgfomery 
Davit oi McLean 
DawaoD 
Dunsmore 
Harding 
Hay 
Hill 

Htinsaker 
Jackson 



Mr. Akin 
Avchet 
Armstrong 
Blair 
Blakely 
BalUnf^aU 
Butler 
C'ain 

Campbell of Jo DaTiess 
Carter 
F. S. Casey 
Z. Casey 
Colby 

Cross of Winnebago 
Cloud 

Davis of Massac 
D^iYz 
Dunn 

Edwards of Madison 
Edwards of Sangamon 
Eccles 
Edmonson 
Farwell 
Frick 
Graham 



-. Jones 


Mr. Pcterv 


Judd 


Piiickney 


Knipp of Jersey 


Robbins 


Knapp of ScoU 




Kinney of Bureau 


Swan 


Kinney of St. Clair 


Shields 


Lander 


Sim 


Lemon 


Tbomaa 


Lockwood 


Thornton 


Logan 


Turner 


Motiett 


Tult 


Pace 


Wead 


Palmer of Macoupin 


Witt. 


Palmer of Marshall 




itive, arc. 




^ Geddes 


Mr. Masoi» 


Green of Clay 


Mieure 


Green of Jo Daviess 


Moore 


Grimshaw 


Nicbolt 


Harlan 


Oliver 


Batch 


Pratt 


Hawley 


Powers 


Heacock 


Rives 


Henderson 


Rountree 


Hogue 


Scates 


Huston 


Spencer 


Jenkins 


Servant 


Kenner 


Sibley 


KnowUon 


Simpson 


Knox 


Sinfirleton 


Lasater 


Smith of Gallatm 


Liuffhlin 


Shumway 


Linley 


Thompson 


Loudon 


Turnbull 


McCaMen 


Ternor 


McCiilly 


West 


McClnre 


Whiteside 


McHatton 


Whitney 


Mar.ly 


Worcester. 


Markley 





Digiti 



zed by Google 



July Vi.] 



JOURNAL OP THE CONVENTION. 



107 



Mr. Akin offered the following: 

*• Wherea?, Mr. Hale, in a sermon on the I llh day of July, in the Se- 
cond Presbyterian church, denounced the existing war with Mexico as 
beiiJiT unjust; and wherCfT«, such declarations ought not to lie toleratedi 
more especially in a republican government; and whereas, it is unbc- 
coming a minister of the go^tpel to use such lanr^oage in a gospel sermon, 
er hetore the youncrand rising generation; therefore, 

R'udveHj That said Mr. Hale be excu:ied from holding prayers in this 
conxontion for the future. 

On motion of Mr. Cross of Winnebago, 

5 Yeas, 82 
• iNays. 36 



The resolution was laid on the table, 



Those voting in the affirmative, are, 



Kr. Armstrong 
AMiertOD 

VMM 
VA kely 

Choate 

Ciiisa of Winnebago 

(loud 

I).ile 

I)'i7i8 of Montgomery 

Davis of McLean 

Dawsoo 

Deitz 

Dunn 

Dtiosmore 

Ki^ranilsof Madison 

Kd wards of Sangamon 

Ecclcs 

Frick 

Graham 

Gnddes 

(''-•mshaw 

Holding 

Harlan 

Harvej 

Hawley 

Hay 



Mr. Akin 
Allen 
Archer 
Ballingall 
B^itler 
Crain 

CainpbeH of Jo Daviess 
CanipbeU of McDonoogh 
Carter 
F. 8. Casey 
Z Casey 
Colby 



'If r. Heacock 


Mr. Palmer of Macoupin 


Henderson 


Pttltnerol Marshall 


Hill 


Pratt 


Hun^aker 


Peters 


Husron 


Pinckney 


Jackson 


Powers 


Jenkins 


Robinson 


Jones 


Rountree 


Judd 


8cat«s 


Knapp of Jersey 


Swan 


Knapp of Scott 


Shields 


Kenner 


Spencer 


Kinney of Boreaa 
Knowlton 


Servant 


Sibley 


Knox 


Sim 


Lander 


Simpson 


Leoion 


Singl(*ton 


Lockwood 


Sh urn way 


Loffan 


Thomas 


McCliire 


Thornton 


Mason 


Tiirnbull 


Matheny 


Turner 


M en re 


Weed 


Moffett 


W^st 


Moore 


Witt 


Nichols 


Whitney 


Norton 


Worcester. 


cgative, are, 




Mr. Edmonson 


Mr. McHattoa 


Farwell 


Manly 
Markley 


Green of Clay 


Hatch 


Oliver 


Hogpie 


Pace 


Kinney of St. Clair 


Rives 


Lasater 


Robbins 


Laughlin 
Linley 


Smith of Gallatin 


Thompson 


I^udon 


Tutt 


McCallea 


Vemor 


McCuUy 


Whiteside. 



Digiti 



zed by Google 



168 JOURNAL OP 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 reiccted. 

Mr. Campbell of Jo Daviess moved that the Kev. Mr. Hale be excused 
from further service as chaplain in this conventioD. 
On motion ot Mn Singleton, 

The motion waslpid on the table, 

Mr. Knapp of Ncoit offered the following: 

Resolved^ That this convention highly appreciate the services of the 
volunteers, both officers and privates, o1 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 b^sis, far above the reach of 
calumny, having earned for themselves a character that needs no vindica- 
tion, and Awhich cannot be impaired by detraction. 

Mr. Campbell of Jo Daviess moved that the resojution be amended by 
adding to it the following: 

^< And that this convention highly deprecate all reflections prejudicial 
to the character of the volunteers, coming 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. 

I'he question was put upon the adoption of the amendment to the reso- 
lution, and decided in the aflirmative. 

Mr. Palmer of Macoupin moved the following as 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 iu« 
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, j J^*J' ' * ! ' 54 



Digiti 



zed by Google 



Jidy 12.] JOURNAL OP THE CONVENTION. 



169 



Those TOtiog in the affirmative, are, 



Mr. Akin 
Allen 
Archer 
Armstrong 
Blair 
Blakelx 
Ballingall 
BaUer 
Grain 

Campbell of Jo Daviess 
Campbell of McDonough 
Carter 

F. S. Casey 
Z. Caaej 
Cboate 
CloQd 
Dale 

Davit of Massac 
Edmonson 
Evey 



Mr. Farwell 

Green of Clay 

Hatch 

Henderson 

Hill 

Hoes 

Hogne 

Hunsaker 

Huston 

Jenkins 

Kinney of Bureau 

Kinney of St. Clair 

Lasater 

Laugblin 

Linley 

Loudon 

McCallen 

McCully 

McClure 

McUatton 



Those voting in the negative, are, 



Mr. Bond 
Brown 

Cross of Winnebago 
Church 

Davis of Montgomery 
Davis of McLean 
Dawson 
Deitzl 
Dansmore 

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 

Matbeny ^ 

Mteure 
Moore 
Norton 
Palmer of Macoupin 



Mr. Manly 
Markley 
Motfett 
KichoU 
Oliver 
Pace 
Pratt 
Rives 
Robbins 
Rountree 
Shielaa 
Simpson 

Smith of Gallatin 
Sbumway 
Turner 
TuH 
Veriior 
Wead 
Wilt 
Whiteside. 



Mr. Palmer of Marshall 
Peters 
Pinckney 
Powers 
Robinson 
Swan 
Spencer 
Servant 
Sibley 
Sim 

Sinc^leton 
Thomas 
Thompson 
Thornton 
Turnbull 
West 
Whitney 
Worcester. 



The question was taken, by yeas and nays, on laying the preamble on 

the table, 

9 



And decided in the negative, <>^ ' 



(Nays, 



102 



Those voting in the affirmative, are, 

Mr. Batlingall Mr. Carter 

Butler F. S. Casey 

Campbell of Jo Daviess Cboate 

Those voting in the negative, are, 



Mr. Akin 
Allen 
Archer 
Armstrong 



Mr. Bond 
Blown 
Crain 

Zadok Casey 
Cross of Winnebago 



Mr. Hill 

Kinney of St. Clair 
Linley. 



Mr. Cloud 
Church 
Dale 

Davis of Montgomery 
Davis of Mclean 



Digiti 



zed by Google 



170 



JOURNAL OF THE CONVENTION. [Ju/y 15. 



Mr. Davis of Musac 
"Dawaon 
Deitz 

Dunn 

Dunsmore 

Edwards of Madison 

Kii wards of Sangamon 

Eccles 

Euinonson 

Far well 

Frick 

Grdham 

Geddes 

Green of Clay 

Giimshaw 

Harding 

Harlan 

Harvey 

Hatch 

Hawlej 

Hay 

Heacock 

Henderson 

Ho.;ue 

Hunsaker 

Hii.^ton 

Jnckson 

Jenkins 

Jones 



Mr. Jndd 

Knapp of Jersey 

Knapp 01 Scott 

Kinney of Bureau 

Knowlton 

Knox 

Lander 

Lasater 

Laughltn 

Lemon 

Loekwood 

Logan 

London 

McCallen 

McCuUy 

McClure 

McHattan 

Manly 

Markley 

Matbeny 

Mieiire 

Moffett 

Moore 

Nichols 

Norton 

Oliver 

Palmer of Macoupin 

Palmer of Marshall 

Pratt 



Mr. Peters ^ 

Pinckney 

Powers 

Robbins 

Robinson 

Kountree 

Swan 

Shields 

Spencer 

Servant 

Sibley 

Sim 

Simpson 

Singleton 

Smith of Gallatin 

Shumway 

Thomas 

Thompson 

Thornton 

Turnbuli 

Turner 

Tiitt 

Vernor 

Wead 

West 

Witt 

Whiteside 

Whitney 

Worcester. 



Mr. Markley moved that the preamble be referred to the committee on 
the Bill of Rights. 

Mr. Servant moved that the motion to refer the preamble be laid on the 
table. 

Mr. Geddes moved that the convention adjourn until Thursdaj at three 
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 to 
refer the preamble, and decided in the affirmative. 
Ori motion of Mr. Servant, 

The convention adjourned until Thursday next| at 3oMock,p. m. 



THURSDAY, July 16, 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 waj taken, and decided in the negative. 

Mr. Markley moved that the convention adjourn until to-morrow morn- 
in£r 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 found 
to be present, 



Digiti 



zed by Google 



July 15.) JOURNAL OF THE CONVENTION. .171 

On motion of Mr. Z. Casoy« 

Further proceedings und r the call were dispensed with. 
On motion ol iMr. 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 ttie 
words, Hwelvc hundred and fifty dollars.*' 

The Question was taken and decided in the affirmative. 

Mr. Peters moved to amend the 8ih 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 orjudges of the court^ 
wherein the indictment shall be pending, shall recommend to him to 
gran! 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," 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." 

Mr. Harding offered the following as a substitute for the rmendment: 

*^And for every exercise of the pardoning power in cases ofielon}, he 
shall publish at the time at large his reasons therefor." 

The question was taken, and th^substiiute 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 bciig 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 amendment 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, 
"is reasons at large for the same." 

The question was taken und the amendment rejected. 

Mr. Turnbull moved to amend the ^ame section by striking out the 
.^ords "biennially communicate to the general assembly," and inserting 
itilieu thereof the words, **publish in the different papers printed at the 
Stat of government." 

The question was taken, and the amendment rejected. 

Mr. McCnllen moved to amend the same section by inserting the word 
murder," after the word **except," in the second line. 

'I'he question was taken, and the amendment rejected. 



Digiti 



zed by Google 



173 JOURNAL OF THE CONVENTION. iJuly 16. 

Mr. Peters moved to amend the lOth section by adding thereto the 
words, ^'except that at such special session, trials or cases of impeachment 
may be had, and removals from ofBce made in the manner provided in 
this constitution.'' 

The question was taken, and the amendment was rejected. 

Mr. Scales 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 vole; 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 folio wins;: 

'*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 all 
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 and 
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. 

The convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Greene*", of Tazewell, a member. 

The journal of yesterday was read. 

Mr. MofTett presented the petition of Fisher Allison and fifty nine 
others, praying that provision may be made in the new constitution for 
the appointment of a superintendent of public instruction with a liberal 
salary. 

Mr. Jackson presented the petition of Barnabas Hart, and 51 others, 
citizens of Carroll and Whiteside counties, praying for a like provision. 

Mr. Knowlion presented the petition of Jesse L. Knowllon and 118 
others, citizens of the city of Peoria, praying for a like provjsion. 

Mr. Farwell presented the petition of John Morrell and 55 others, cit* 
izens of Stephenson and Winnebago counties, praying for a like pro- 
vision. 

Digitized by VjOOQ IC 



Wj^ie.] JOURNAL OP THE CONVENTION. 173 

Mr. Bro^kman presented the petition of Stephen Carner and fortj-one 
others, citizens of Brown and Pike counties, also prajing for a like pro- 
visiou. 

On motion^ the reading of the petitions was dispensed witb^ and they 
were severallj referred to the committee on Education. 

Mr. Woodson ofiered the following additional rules: 

*'Rui.B — . No resolution or proposition which has been or which shall 
be 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 
the members of the convention previously obtained, and if such consent 
be so given the same shall be voted on without debate. 

^HuLE — • Hereafter, immediately after the reception of petitions and 
reports from standing committees, the convention shall resolve itself into 
a committeeof the whole on the reports of standing committees, which 
shall 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 an3 
second rule, 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 — . 

S'^TiON L The General Assembly shall provide by law that the 
townships and parts of townships in the several counties of this state, nr.ay 
become incorporated for municipal and other purposes. 

Sbc. 2. All township officers shall be elected annually, and their num> 
ber« powers, duties, apd liabilities* shall be fixed bylaw. 

Sbc. 3. The general assembly shall provide by law for the creation of 
a board of supervisors in the several counties of this stale, to be composed 
of one or more officers from each township and city in the, county, for 
managing the affitirs of the county. The powers and duties of the board 
of supervisors shall be fixed by law. 

Sbc. 4. The general assembly shall provide by law tha^t the qualified 
voters of the several counties of this state may 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 committee of the whole, a^ain 
to consider the report of the committee on the Executive Department-r 
Mr. Grain in the chair. 



Digiti 



zed by Google 



174 JOURNAL OF THE CONVENTION, [July 16. 

The question pcndTng when ihe committee last rose, was on the substi- 
tute offered by Mr. Powers for the amendment proposed to the lOih sec- 
tion hy Mr. McCalhn; when, 

Mr, Powers withdrew his substitute. 

The question recurred on the amenoment proposed hy Mr. McCallen, 
to strike out all after the word "convened," in the lOih section. 

Mr. Knox moved to amend the amendment, by adding at the end of 
the section, the words '*at the commencement ot the session." 

The question was taken, and the amendment to the amendment 
rejf*cted. 

The question recurred on the amendment,andbeing taken, the amend- 
ment was rejected. 

Mr.. Woodson proposed to amend the same section by striking out the 
words ^*lay before them*' at the last of the session, and by adding after 
the word ''shall," in the third line, where it last occurs, the words ^'express 
in bis proclamation." 

^ Mr. Constable moved to amend the amendment by adding to the 
words proposed to be added, the words <^and to su4!h other subjects as 
may be introduced by two-thirds of the members of each house composing 
said general assembly, based upon an important exigency demanding 
their action, and connected with the public welfare." 

Mr. Knowhon 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 com mi t'.ee rose, reported progress, and asked leave to sit again-, 
wliicb 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 qnesiion was put on adjourning until 3 o'clock, p. m., and decided 
in the affirmative. 



THREB o'clock, F. M. 

The convention met pursuuit to adjonrnment. 
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 i^uhjic this evening at 8 o'clock, 
upon the subject of th« education of the children of the state, atid upon 
topics connected therewith. 



Digiti 



zed by Google 



July 16.] JOURNAL OF THE CONVENTION. 175 

The convention resolved itself into conf^mittee of the whole, again to 
consider the report of the committee on the Executive Department — Mr. 
Grain in the chair. 

On motion of Mr. Peters, 

The motion made bjrhim on yesterday to reconsider the vote taken on 
the amendment offered by Mr. Thornton to the tenth section, was taken 
op. 

The question was taken, and decided in the aflirmative. 

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 
third line, the words **enter on no legislative business, except that for 
which tliey 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 
'-when assembled, the purpose for which they shall have been convened," 
and insert in lieu thereof the following: 

^*Iii said proclamation the purpose for which they are io 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 
thereof the following: 

**Thc governor shall, by and with the advice and consent of the senate, 
appoint a 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." 

Mr. Whiteside offered the following as a substitute for the cmendment: 

^^He shall be commander-in-chief of the militia of the state, except 
after 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. 

7'iie question was taken, and decided in the negative. 

Mr. Dawson moved to amend the I2lh section by striking out all after 
the word **assembly," in the second line, to the word *Mnclusive," in the 
third line, and also* to insert after the word ''be," in the third line, the 
word "but." 

The question was taken, and the amendment rejected. 

Mr. iSin^leton moved to amend the same section by inserting aftc- Ihe 
worl **provided," in the third Ime, the words "thcie be no business bclore 
them, and." 

1*he question was taken, and (he amendment rejected. 

Mr. Oliver moved to strike out the TJth section. 

The qu^fstion was taken, and the motion negatived. 

Mr. Sin>;leton moved to arrend the same section by striking out n!I 
after the word ^^qualifications." 

The question was taken and decided in the negative. 



Digiti 



zed by Google 



176 JOURNAL OP THE CONVENTION. [July 16. 

Mr. Churchill moved to amend the I4th section by striking oat the 
words '^have a right when in committee of the whole, to debate and vote 
on aU subjects*^' and to insert the word *<sha]r' 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 bj 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,'' in the second line, and inserting in lieu thereof the word 
"not." 

The question was taken, and decided in the negative. 

Mr. Churchill moved to amend the 17th section by Btrikin<j out the 
word ^^assemblyj' in the third line, and all of the fourth line, and inser- 
ting in lieu thereof the words *Hhe speaker of the house of representa- 
tives fthall act as governor until the regular meeting of the general 
afsembly." 

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 Ss absent from the stale." 

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 lieu thereof the word ^^the," and also to insert 
ia the same line aker the word ^^removed,** the words **of the lieutenant 
governor." 

The question was taken, and the amendment rejected. 

Mr. Woodson moved to amend the 20th section by striking out all 
after the word ^^governor," in the second line and inserting in lieu thereof 
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 ouiand 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 nefj^ative. 

Mr. Churchill moved to amend the same section by inserting between 
the words *^re turned" and ^*on,"in the 13th line, the words**to the secretary 
of state, and if approved by the govenior shall become a law, but if dis- 
approved shall be returned by the secretary of state," also to ainke out 
the l4th line, and insert ^<when the same may be passed by two-tbirds of 
the senate and house of representatives present and become a law.*' 



Digiti 



zed by Google 



July 17J JOURNAL OP THE CONVENTION. 177 

The question was taken, and the amendment rejected. 

Mr. Davis of McLean moved to amend the same section bj striking 
oat 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 ^^respectivelj," in the lOth 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 ne^oitive. 

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 ^Hhree-fifths of all the mem- 
bers." 

Mr. McCallen moved that the committee rise, report progress, and ask 
leave to sit ag^n." 

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 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 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 was read. 

Mr. pcitz 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 

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 comanit* 
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 amenA- 
mont offered by Mr« Minshall to insert 'Hhree-fifths of the members" in 
18 



Digiti 



zed by Google 



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. McGnllen moved lo reconsider the vote taken last evening on 
striking out the words *Hwo thirds of the members," wherever thej occur 
in the 20th sei:tion; which, under the rule, jies 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, P. 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 n)oved 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 21 st 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 *'un less 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. (/onstable withdrew the amendment. 

Mr. Dawson moved to amend the same section by striking out the 6rst 
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 **hiw^'*' in the fourth line, the words "and shall re- 
ceive for his compeosation the sum of six hundred dollars per annum, and 
no more." 

The question was taken, and the amer|dmcnt rejected. 
. Vir. Botbyshell moved to amend the same section by inserting after the 
word ^'governor," in the second line, thewor.ds "and who shall receive a 
sahry 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 Uie word •*shall," in the second line, the words «^hold his office for 



Digiti 



zed by Google 



Jvly 17.] JOURNAL OP THE OOMVENTION. 179 

the same term as the governor^ and who shall receive a salary of eight 
hundred dollars per annum. He shall.'* 

Mr. Losran 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 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/' 

The question was tajcen, and the substitute was agrbed 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. Kitchell moved the following as a substitute for the amendment 
offered by Mr. Logan: 

^^Who shall hold bis office for the same term as the governor, aad 
uotil another shall be appointed and qualified. 

The question was taken, and decided in the amative. 

The question recurred on the motion of Mr. iones 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 aiuiuoi^ 
and no more, except fees." 

On motion of Mr. Davis of Montgomery^ 

The following proviso was added to the amendment: 

*^ProvidecLt the governor shall hare 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 23d section by adding after the 
word *<deal" the words '^of state." 

The question was taken, and decided in the affirmative. 
On motion of Mr. Markley, 

The question was taken on reoonsidering the vote on adding to the 
4th 8eci;ioa the werds **and have been a citizen of the United States 
fourteen years;'* and decided in the negative. 

The question recurred on agreeing to the substitute, as amended, for the 
6th section; informally passed over on Thursday. 
On motion of Mr. Logan, 

The substitute was further amended by-9trihihg'6Ut the wordi '<aitd 
be shall be ex ^ciq fund commiisioner." 

The question was taken, and the substitute, as amended, agreed to. 

Mr. Jones moved to add to section 5th the words ^*and he shall not, 
during the time for which he shall have been elected such governor, re* 
ceive any other emolument from the United States, or any of them." 

The question was- taken, and decided in the affirmative. 
On motion of Mr. Logan, 

The coowiittee rose, reported the amendments to th^ conventictot ftAd 
asked its concurrence therein* 



Digiti 



zed by Google 



180 JOURNAL OP THE CONVENTION. IJuly 19. 

Oq motion of Mr. Logan^ 
The report, as amended, wiu laid on the tabie, and 200q>pies ordered 
to be printed for the use oi the conveolion. 

On motion, 
The convention adjoamed until Mondaj morning, at 8 o'clock. 

MONDAY, JUI.T 19, 1847. 



Convention assembled pnrsnant to adjoomment* 

Prayer bj Rev. Mr. Hale. 

The icmmal of yetterday was read* 

Mr. Robbins presented the petition of Valentine Mays and nineotberSf 
citizeBS of the state of liKnois, praymg thata homestead of IW acres of 
land, or a town lot of one acre, with the improvements, be exempted fron» 
mortgage and forced sale, Ac. 

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: 

Resolved^ 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 Sufirage, reported back sundry propositions referred to that committee,, 
with the following, as proper to be engrafted in the new constituiion: 

ARTICLE — . 

Section 1. In all elections, every white male citizen above the age of 
twenty -one years, having resided in tlje state one year nest 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 utate at the 
time of the adoption of this constitution, shall have the right of noting as 
aforesaid; but no such citixen or inhabitant shall be entitled to vote except 
in the district or county in which be sbail actually reside at the time of 
such election. 

SiBc. 2. All votes shall be given by ballot 

Sec. 3. Electors shall in all cases, except treason, felony,or breach of 
the peace, be privileged from arrest during tlieir attendance at elections 
and in going to and returning from the same. 

Sec 4. ^lo 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 residenca in this 
•tate by reason of his abseiioe on the business of the United States^ or of 
ttiis state. 

Sec. 6. No soldier^ seaman, or marine in the army or navy of the Uni- 
ted States shall be deemed a resident of this state, in consequence of 
being ttatioEed at aay miUtary or naval place within the i 



Digiti 



zed by Google 



/ii/y 19.] JOURNAL OP THE CONVENTION. 



181 



Sbc^ It. The legisi&tare shall have Aitl power to pass laws excluding 
from the right of suffrage persona convicted of infamous crimes. 

Sec 8. The general elections shall be held on the first Monday of 
November bienniallj. 

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 350 copies. 

The question was successively taken on printing 1,000 and 500 copies, 
atad decided in the negative. 

The question was taken on laying the report on the tableland printing 
250 copies, and decided in the affirmative. 

Mr. Z. Casey moved to take from the table a resolution introduced by 
himsome days since, proposing to fix a day of final adjournment. 

The question being taken by yeas and nays» 

It was decided in the negative, j J®*J \ \ \ \ ^ 

Those voting in the aflSrmative, are, 

Mr. Oliver 
Pace 

Palmer of liarahaX 
Powers 
Bobbins 
Rountree 
Scatea 
Shields 
Spencer 
Snermaa 
Sibley 
Sim 

Shnmwaj "^ 

Tutlle 
Vance 
Vernor 
Webber 

West i 

Witt 

Whiteside 
Woodson. 



Hanrev 
Hatch 
Hayes 
Heacock 
Hendersoa 
Hoffue 
Hofmed 
JacksoA 
Jerkins 
' Knapp of Jersey 
Knapp of Scott 
Kreider 
Kenner 
Kinney of Bureau 

Digitized by VjOOQ IC 



Mr. Aki* 


Ur. Dnna 


AHea 


Eccles 


Archer 


Edmonson 


Atbertoa 


Frick 


Blakely 


Green of Tazewell 


Ballin^n 


Harding 


Brockmaa 


Harper 


Bond 


Hawley 


Crain 


Hay 


Canady 


Canphell of MeDoBoogh 


Hunsaker 


Carter 


Huston 


F. S. Ca«y 


Jones 


Z. Casey 


Judd 


Cloud 


Lasater 


Dale 


Laugh 1 in 


Davis of Montgomery 


McHatton 


Deitz 


Manly 


DeoMAt 


Matbeny 


Dunlap 


Moffett 




Nichols 


Those voting in the n( 


egative, are, 


Hr. Anderson 


MntDavisofMassae 


Armstrong 
Bosbysbell 


Dawson 

Dummer 


Brown 


Edwards of Madison 


fittnseii 


Edwards of Sangamon 


Batler 


Exey * 


Campbell of Jo Daviess 


Farwell 


Choat« 


Graham 


Colby 


G«ddefl 


Constable 


Green of Clay 
Green of Jo DaYiess 


Cross of Winnebago 


Charch 


Grpfsg 


Charchill 


Grimshaw 


Davis of McLeaa 


Harlan 



i82 JOURNAL OF THE CONVENTION. iJuly 19. 

Mr. 



Kinney of St. Clair 


Mr. Mooft 


Mr. Smith of Gallatin 


Knowlton 




Northcott 


Smith of Macon 


Knox 




Norton 


Thomaa 


Lander 




Pratt 


Thompson 


Lemon 




Peters 


Thornton 


Loudon 




Pinckney 


Trowcr 


McCallen 




Rrrea 


Tumboll 


McCully 




AobiDson 


Tamer 


AfcClure 




Roman 


Tiitt 


Markley 
Marshall o 




Stadden 


Wcad 


f Coles 


Swan 


IVilliams 


Marshall o[ 


* Mason 


Servant 


Whitney 


Mieure 




Simpson 


Worcester. 


MinihaTl 









Mr* Brown of Mndinon, on leave, read a communfcation from Eklward 
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 2oVlnck,p. m., in the ceremonies at- 
tendant upon the burial of the remains of Lieutenants Fletcher, Ferguson, 
and Robbing) of the Alton Guards, 9d regiment Utinois 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 2l8t insi., with funeral honors; and whereaf, 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. 

/feWvec^, That this convention for the purpose of honoring the lamen- 
ted dead, will join in the celebration of their funeral ceremonies* 

Resolved^ Thata committee of nine be 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 Hoguc, 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. 



Digiti 



zed by Google 



Jtdn 19.] JOURNAL OF THE CONVENTION. 183 

According to order, the convention resolved itself into a committee of 
thewhDleto consider the report of the commiltee on the Judiciary De- 
partment — Air. Scates in tlie ch^ir. 

Mr. Davis of Massac moved to strike out tiie whole of the first section, 
and to substitute thereior the following: 

*^The judicial power of this state sluill be vested in one supreme court, 
in circuit courts, injustices of peace, and in sucti other courts as the legis- 
turc may, from time to time, establish.** 

Mr. Jenkins moved to amend the first section by striking out all after 
the words '**circuit courts," and ihserting t!ie words '*C(»unty courts, 
and such other courts as may be established by this coustitution.*' 

Mr. Logan moved the following as a proviso to be added to the amend- 
ment: 

^^Providedf the legislature may establish in cities having a population 

o?cr thousand such tribunal as may be necessary, having police 

jurisdiction andciiminal jurisdiction in cases less than felony.'' 

Thf2 question was taken, and the proviso rejected. 

Mr. Norton called for a di vision, ^o 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 oa 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." 
Oq 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, the convention rt-solved 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*' after the words "county courts,** in the first sec- 
tion, as amended. 

The question was taken, but no quorum voting, the committee rose, 
and the chairman reported that fact to th'6 convention. 
On motion of Mr. Shields, 

A call of the convention was ordered. The call was proceeded in, and 
I'-iO members having answered to their names, and a quorum being 
present, 

Mr. Scates again resumed the chair in committee of the whole. 



Digiti 



zed by Google 



184 JOURNAL OP THE CONVENTION. \Juljf 19. 

The question was again taken upon insertiog the words *<probate 
courts,'' and decided in the negative. 

The question again recurred on striking out the whole of the first feo- 
tion, and insertiag other words in lieu of them, as moved bj Mr. Davis of 
Massac this morning. 

Mr. Vance called for a division, so as to vote first on sti iking out 

The question was taken on striking out, and decided in the negative. 

Mr. Archer moved to amend the second section bj 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 bj striking out the 
words ^^ezcept 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 ^'prohibition^ qwi warranto^ 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. l^ognn 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. l)uie 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 for a division, «o as to vote first on striking out. 

The question was taken, and decided in the negative. 

Mr. rratt moved to amend the same section by striking out the word 
*4welve," 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 tho 
following: 

^Providedf that the General Assembly maVf whenever it shall become 
necessary to provide for the additional associate justices* notexceeding 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 for a division, so as to vote first on striking out. 

The question was taken, aud decided in the negative. 
On motion of Mr* Witt, 

Tho same section was amended by inserting after the word <*age," 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: 



Digiti 



zed by Google 



July 20J JOURNAL OP THE CONVENTION. 185 

<*The supreme coort shnll consist of the three judges, atiy two of whom 
ihall forrn a quorum; and the concurrence of two of said judges sballi in 
all cases, be necessary to a decision.** 

On motion, the question was taken on striking oui»and decided in the 
negative. 

Mr. Kitchell moved toamend the same section bj 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 6rst line« and to inFert 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 Tazewell, a member. 

The journal of yesterday was read. 

Mr. Kinney of St. Clair presented thA petition of Seth CatMn, and 
lhirty.five others, citizens of St Clair county, praying that provision may 
be nriade 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 
fiflj-oae others, citizens of Winnebago county, also praying for a like pro* 
vision. 

On motion, the reading of the petitions was dispensed witb^ and they 
^ere referred to the committee on Ektucawion. 
On motion of Mr. Robbins, 

Res9lved^ That the committee on Finance inquire into the expediency 
of inserting in the constitutiiin an article requiring the legislature to as* 
certain, from time to time, the amount of the state debt. To apportion 
^he Slate 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 
^^^h 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 
^oWtary payments, a sinking fund with which to purchase the state in- 



Digiti 



zed by Google 



186 JOURNAL OF THE CONVENTION. [Juli/ 2C. 

On motion of Mr. Koapp of Jersey, 

The following preamble and resolution were adopted: 
i Whereas, a respectable minister of the gospel, whilst attending the con- 
vention to open the session by prayer, under resolution of the convention, 
has been grossly ini^ulted and menaced with bodily injury by a member ol 
the convention; and whereas, it is alike due to the convention and the 
ministers thai we should not invite them to perform that duty unless we 
could secure them against such indignities ; therefore, 

Resolved^ That the resolution inviting the clergymen of Springfield to 
open the sessions of the convention with prayer be rescinded, and that 
the secretary inform the said clergymen of the same, with the assurance 
of the convention that this step is not adopted from any dissatisfaction 
with the manner in which Ihey have disch.irged their sacred duty^ but 
solely from an unwillingness to subject them to a repetition of such indig- 
nities. 

According to order, the convention resolved itself into a committee of 
the whole, again to consider the report of the committee on the Judiciary 
Depaitment — Mr. Scales in the chair. 

The question pending when the committee rose on yesterday, was on 
the motion made by Mr. Servant to amend the (ourth section. 

A division was called for, so as to take the question first on striking out. 
On motion of Mr. 8humway, 

The committee rose, reported progress, and asked l«ave to sit again; 
^hich was granted. 
On motion, 

The convention adjourned until 3 o'clock, p. m. 



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 membcm having an- 
swered to their name^, and a quorum being present, 
On motion of Mr. Thomas, 

Further proceedings under the call were dispensed with. 

According to order, the donvention resolved itself into a committee of 
the whole, to consider the report of the committee on the Judiciary De- 
partment — Mr. Scales in the chair. 

The question pending when the committee rose this morning, was on 
the motion made by Mr. Servant to amend the fourth section; a division 
having been called on striking out, 

Mr. Henderson moved that the committee rise, report progress, and ask 
leave to sit again. 

The question was taken, and decided in the negative. 

Mr. Bosby shell moved that the committee rise, report progress, and 
ask leave to sit again. 

The question was taken, and decided in the negative. 



Digiti 



zed by Google 



July 21.-] JOURNAL OF THE CONVENTION. 187 

The question was taken on striking out, as proposed by Mr. Servant^ 
and decided in the affirmative. 

Mr. Logan moved to substitute, for the part proposed bj Mr. Servant 
to be inserted, the following: 

^Elected by districts as follows, to wit: The state shall be divided into 
three districts, as nearly equal as may be, and the qualified voters of er.ch 
district 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; 
which WHS granted. 
On motion. 

The convention adjourned until to*morrow luoming, 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, 

liCave of absence was granted to Mr. Markley for six days, in conse- 
quence of sickness in his family. 
On motion of Mr. Allen, 

Leave of absence was granted to Messrs. Loudon and Akin for ten days, 
in cuQsoqucnce of sir.kness in their families. 
On motion of Mr. Thomas^ 

Leave of absence was granted to Mr. Dummer for four days. 

Mr. Jenkins^ Irom the committee on Counties, which was instructed by 
resolution to inquire into the expediency of provjdmg that " all territory 
which has been or may be stricken off, by legislative enactment, from any 
organized county or counties, for the purpose of forming a new county," 
&(*-, reported the same back, and asked to be discharged from the further 
consideration thereof* 

On nnotion of Mr. Thomas, 

The report was laid on the table. 

Mr, Shumway moved a call of the convention. 

The question wastaken^and decided in the negative. 

Accoidingto order, the convention resolved iteeif into a committee of 
the whole, again to consider the report of the committee on the Judicia- 
ry Department — Mr. Scates in the chair. 

The question pending when the committee rose was on the substitute 
offifred by Mr. Logan for the amendment proposed by Mr. Servant to the 
fourth section; when the substitute was withdrawn. 

Mr. Davis of Massac moved the following as a substitute for the fourth 
section, and for the amendment proposed by Mr. Servant: 

'^ The state shall be divided into three grand divisions, as nearly equal 
^ may be, and the qualified electors of each division shall elect one of 
said supreme judges for the term of six years." 

Mr. Campbell of Jo Daviess moved that the committee rise, report pro- 
gress, and ask leave to sit again. 



Digiti 



zed by Google 



188 JOURNAL OP THE CONVENTION. ^July 21. 

The quesfion was taken, and decided in the negative. 

On motion of Mr. Lemon, 
The committee rose, reported progress, and asked leave to sit again; 
^hich was granted. 

On motinn, 
The convention adjourned to 3 o^clock, p. m. 



THUBB o'clock, F. K. 

Convention assembled pnrsoant to adjonrnment 

According to order, the convention resolved itself into a committee of 
the whole, again to consider the report of the committee on the Judiciarj 
Department — Mr. Scates in the chair. 

The question pending when (he committee last rose, was on the substi- 
tute offered bj Mr. Davis of Massac, for the amendment proposed by Mr. 
Servant to the fourth section. 

The question was taken, and the substitute agreed to. 

Mr. Campbell of Jo Daviess moved to amend the substitute bj striking 
out the Words *' and the qualified electors of each division shall elect one 
of said supteme judges for the term of six years," and insert in lieu there- 
of the words, *^one of said judges shall reside in each of said districti, 
and all of the said judges shall be elected by the qualified voters through- 
out the state.*' 

The question was taken thereon, and*decided in the negative. 

Mr. lid wards of Sangamon moved to amend the amendment by sirik 
ing out the word *^ biz,'' and inserting in lieu thereof the word ^ nine.'* 

Mr. Allen called for a division, so as to take the vote first on striking 
out. 

The question was taken on striking out ^ six," and decided in the neg- 
ative. 

Mr. Peters moved to amend the substitute by substituting therefor thej 
following: 

** The governor shall nominate, and by and with the advice and cod- , 
sent of the senate, ( two-thirds of the senators elected concurring therein) 
shall appoint the judges of the supreme court, who shall hold their office, 
for the term of nine years, and shall be ineligible to any other office than 
a judicial one during the time for which they were appointed, and one; 
year thereafter.*' 

The question was taken, and the amendment rejected. 

Mr. Kenner moved to amend the substitute by substituting therefor the 
following: 

^^ The justices of the supreme court shall be elected by a joint vote of 
both branches of the general assembly at their first session alter the adop- 
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 the words 
*« for the term of six years," and inserting in lieu thereof the words *'du- 
ring good behavior ."•• 



Digiti 



zed by Google 



Wy Si] JOURNAL OP THE CONVENTION. I8U 

Mr. Wead called for a division, so at to rote first on •trikmg out. 

The question was taken on striking out, and decided in the negatire. 

Mr. Wead uioved to amend the substitute by adding thereto the follow- 
ing: 

'^The legislature maj change or alter said divisioos lo meet tbeexigen* 
des of the people." 

Mr. Brockman moved that the committee rise, report progress, and ask 
leave to tit again. 

Theqoestion was taken, and df^cided in Ae negative. 

Mr. kitchell renewed the motion; which was takeuy and decided us 
Ihe affirmative. 

Leave was accordingly granted. 
On motion. 

The convention adjourned to 9 o'clock, to-morrow morning. 



THURSDAY, July 22, 1847. 



The convention met pursuant to adjournment. 

The joamal of yesterday was read. 

Mr. Cross of Winnebago presented the petition of Albert Tuttle, and 
fiftj othcra, legal voters of the county of Winnebago, praying that no 
distinction be made on account of ancestry or color, but that the subject 
be left to legislative enactment. 

On motion of Mr. Cross of Winnebago, 

The petition was referred to the committee on the Bill of Rights. 

Mr. Stadden presented the petition of M. £. Hollister, and eighty-five 
otters, praying that provision may be made in the new constitution for 
the office of sa(>erintendent of public instruction, with a liberal salary* 
On motion of Mr. Stadden, 

The readinji^ was dispensed with, and the petition referred to the com* 
ffiittee on Education. 

Mr. Archer, from the committee on the Organi£ation of Departments, 
U)d offices connected with the Executive Department, to which wm refer* 
red the petition of sundry inhabitants of Lake county, praying ** that the 
circuit judges," and sundry other officojrs, *^ may be elected by the people 
of this 8tate,*' reported that said committee had had the same under con* 
nderatitm, and had instructed him to report the same back, and ask to be 
discharged from the further consideration thereof. 

The question was taken, and the oonim'ttee discharged. 

Mr. Geddes moved to suspend the rule to enable him to iatroduce a 
reiolution. 

The QuestioQ was. taken, and decided in the negative. 

Mr, West moved to suspend the rule to enable him to introduce a reso* 
lution. 

The question was takea^and decided in the ns^tive. 
On motion of Mr. Z. Casey, 



Digiti 



zed by Google 



IW JOURNAL OF THE CONVENTION. [JtrfySi 

The rules were sospended to enable him to iotroduce the following or 
der: 

Ordered^ That fifteen hundred copies of the journal of the convention 
be printed for distribution among the counties. 

Ku Church moved to amend the order by Btriking out **fifteen,^* and 
inserting " twenty-five." 

Mr. Shumwaj called (or a diviaon, so as to vote firs: on striking out. 

The question waj taken, and decided in the negative. 

The question recurred on agreeing to the order, and being taken, the 
order was agreed to. . 

Mr. Thomas moved to suspend the rules to enable him to introduces 
resolution. 

The question was taken, and decided in the negative. 

According to order, the convention resolved itself into a conmuttee oi 
the whole, again to consider the report of the committee on the Judiciar; 
Department — Mr. Scates in the chair. 

The question pending when the committee rose on yesterday, was or 
the amendment proposed to be added to the amendment as agreed to, to 
the fourth section, by Mr. Wead. 

The question was taken, and the amendment rejected. 

Mr. Lock wood moved to amend the amendment to the fourth sectioD 
as agreed to, by adding the following: 

'* Th>f legislature may, from time to time, alter said divisions previous 
to evfijry general election forjudges of the supreme court, so that eachol 
said divisions may contain as nearly as may be, an equal number of in^ 
habitants, and contain a territory a9 nearly as may be in compact form." 

The question was taken, and the amendment agreed to. 

Mr. Kitchell moved to amend the amendment to the fouith section ai 
agreed to, by adding thereto the following: 

^* After the year I860, and may lay off, if deemed necessary, other di«^ 
tricts, not exceeding two, and provide for the election of other judgd 
therein ." 
* The question was taken, and the amendment rejected. 

Mr. ^humway moved to amend the amendment to the fourth sec- 
tion, as agreed to, by inserting after the word "alter,'* the words **ot 
abolish/** 

The question was taken, and decided in the negative. 

Mr. Jones moved to add the following proviso to the amendment ai 
agreed to, to the fourth section: 

•*Prow«/edf, The number of districts or the number of justices of the 
supreme court shall never be increased or diminished." 

The question was taken, and decided in the negative. 

Mr. Kobfains moved to amend the amendment to the fourth section, b/ 
substituting therefor the following: 

*^The state slall, from time to time, be divided into three distinct divif 
ions, the northern, southern, and middle divisions, which shall be compacti 
and made up of whole counties in their respective portions of the state, 
and to contain a population as nearly equal as possible.** 

The question was taken, and decided in the negative. 



Digiti 



zed by Google 



July 22.] JOURNAL OP THE CONVENTION. 191 

Mr. Shields moved to amend the amendment, as agreed to, to the fourth 
!ection, by adding thereto the following proviso: 

" Prot?t(/e(/, That such alterations shall not be oftener than once in ten 
years." 

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- 
ed by adding thereto the following: 

^Praoided^ That such changes or alterations shall not be made at any 
other time than as is provided for the apportionment of members of the 
general assembly." 

Mr. Kitchell moved to amend the amendment to the fourth section, as 
agreed to, by inserting after the word *• elect," the words " on the first 
Monday of March after the .idoption of this article." 

The question was taken, and the amendment rejected. 

The question was taken on the substitute for the fourth section, as 
amended, and decided in the affirmative. 

Mr. Wead moved to strike out the fifth section, and insert in lieu thereof 
the words: 

''The oflSce of one of said fudges shall be vacated in two years, of one 
in four years, and of one in six years; to be decided by lot, so that one of 
said judges shall be elected once in every two years. The judge having 
«ix years to serve shall be ihe chief justice, after which the judge having 
the 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- 
ing:^ 

"The supreme court shall hold one term at least once in each year in 
each of the three grand divisions in this state, and such other terms in 
each division as the legislature may prescribe by law." 

Mr. Hayes caPed for a division, so as to vote first on striking out. 

Mr. Rvey oflfered the following as a substitute for the proposed amend- 
menf: 

"One term of the supreme court shall be held annually in each of the 
twelve judicial circuits (and such other judicial circuits which may h^re- 
a^ter be made) in this state, at such time and place as may be provided by 
law ." 

On motion of Mr. Dement, 

The committee lose, reported progress, and asked leave to sit again; 
which was granted. 
On motion, 

The convention adjourned until 3 o'clock, p. k. 



THREB o'clock, P. M. 

The convention met pursuant to adjournment. 

The convention resolved itself into committee of the whole^ again tt> 



Digiti 



zed by Google 



192 JOURNAL OF THE CONVENTION. [JWySS. 

consider the report of the committee on the Judiciary Department — Mr. 
Sciites in the chair. 

The question pending when the committee rose, was on the substitute 
proposed by Mr. Evey for the amendment proposed to the sixth section 
by Mr. Wead. 

A division havinfi; 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^cIock. 



FRIDAY, July 23, 1847. 



The convention assembled pursuant to adjournment. 

The journal of yesterday was read. 

Mr. Farwell prese.nted the petition of J. K. Brewster and forty-teveo 
others, praying that provision may be made in the new constitution for 
the office of 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. Servant from the select committee to which was referred the pe- 
titions of the inhabitants of Kaskaskia, on the subject of ^^commons," re- 
ported that the committee had had the subject under consideration, and 
that the following is proposed to be engrafted into the new constitution: 

Sbction — . All lands which have been granted as a ^^comroon" to the 
inhabitants of any town, hamlet, village or corporation, by any person, 
body politic or corporate, or by any government having power to make 
such grant, shall forever remain common to the inhabitants of such town, 
hamlet, village or corporation; but the said commons, or any of them, or 
any part thereof, may be divided, leased or granted, in such manner as 
may hereafter be provided by law, on petition of a majority of the quali- 
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 printed. 

Mr. Allen, from the committee on the Bill of Rights, to which was re- 
ferred the petition of sundry citizens of Washington county in relation to 
foreigners, reported the same back, and a^ed to be discharged from the 
further consideration thereof. 

The question was taken, and the committee discharged. 

According to order, the 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 oa yesterday, was on 
the amendment ofiered by Mr. Evey, as a substitute for the amendment 
offered by Mr. Wead for the 6th section. 

A division having been called for on striking out, 



Digiti 



zed by Google 



July 23.] JOURiNAL OP THE CONVENTION. 193 

The question was takea on striking out, and decided in the negative. 

Mr. Eccles offered the following, to be added as a proviso to the 6th 
section: 

^Providedf the legislature nnaj, whenever the interest of the people re- 
quire it, change the place of holding said court from the circuits to the 
seal 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." 

Mi*. Harvey moved to substitute for the amendment to be prefixed to the 
section, tne 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 as to make it read as follows: 

^^Oue 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 substitutoirejected. 

Mr. Kitchell 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 an^ change herein be 
made before 1855.*' 

The question was taken, and the substitute rejected. 

Mr. Shumway moved to amend the amendment by striking out tlie 
words <Uo tlie seat of govenmient." 

The question was taken, and the amendment to the amendment re- 
jected. 

Mr. Kinney of St. Clair moved to amend the amendment by substitu- 
ting therefor 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 stnte; such change, however, not to be made oftener 
than once in six years." 

The question was taken, and the substitute 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 SScott moved to substitute for the amendment, the words 
^alternate sessions of the supreme court rhall be held in each of the grand 
divisions, at some central point in each division, to be designated by the 
court 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 
and places as may be directed by the legislature." 

The question was taken, and the substitute rejected. 

The question recurred on adopting the amendment oflTered by Mr. 
Eccles,and being taken, the amendment was agreed to. 

Digitized by VjOOQ IC 



194 JOURNAL OF THE CONVENTION. [July 23. 

Mr. Shumway moved to amend the seventh section bj striking out the 
word^Hwelve,'* and by inserting in lieu thereof the word ''nine." 

Mr. Caldwell moved as a substitute for the amendment the following: 

**'! 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 oi 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, Ballingall, Henderson, Hoes, 
Evey, Logan, Scatrs, 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 S o'clock, p. m. 

THRBB o'ciiOCK, 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 articlci to be in- 
serted in the constitution on the subject of the public debt: 

ARTICLE — . 

S^TioN 1 . There shall be annually assessed and collected, in the same 
manner as other state revenue may be assessed and coll(H*ted, a tax of 
— mills upon each one hundred dollars worth of taxable property, in 
addition to all other taxes, to be applied as follows, to wit: the fund so 
created shall be kept separate, and shall annually, op 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 credits 
Upon, and, to that extent, in extinguishment of the principal of said in- 
debtedness. 

Sbc. 2. Horea^er, any tax payer 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, 
due at the time of making the estimate— the then last assessment of tho 



Digiti 



zed by Google 



July 33.] JOURNAL OP THE CONVENTION. 195 

taxable property of such tax payer, and the aggregate of the then laet as- 
aessment for the whole state, and iray 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 of such state indebtedness, in respect of so much per* 
tonal 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* 

Sbc. 3. Any state indebtedness coming into the treasury by virtue of 
the above section, shall be simply cancellecl and destroyed, and any money 
so coming in shall be added to, and applied as part of the aforesaid mill 
fond. 

Sbc 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 shall 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 to draw 
interest, at and from the respective times of th«»ir 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. Robbins, 

The article proposed was referred to the committee on Finance. 
On motion of Mr. Archer, 

The report of the committee on the Organisation of Departments, and 
^rfBces connected with the Ehcecutlve Department, was taken from the 
table, and referred to a committee of the whole convention. 
On morion of Mr. Archer, 

The convention resolved itself into a committee of the whole, to con* 
aider the report of the committee on the Oi^ganisation of Departments 
and offices connected with the Executive Department — Mr. Z. Casey in 
the chair. 

Mr. Butler moved to amend the first section by striking out the words 
^Hme thousand,*^ and by inserting in lieu thereof the words ^'fifteen 
hundred." 

Mr. Witt called for a 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 wss amended by inserting after the word *^Inry^'' the 
words 'Exclusive of clerk hire.** 

Mr« Evey moved to amend the same section, by striking out the wo?ds 
^ne thousand,^' and by inserting in lieu thereof the worJs «*eighi ban* 
drod.** 

The question was taken, and decided in the negatire. 
On motion of Mr. Jones« 

The same section was amended by adding thcrets the words *%mi) no 



flsore/' 



Digiti 



zed by Google 



106 JOURNAL OP THE CONVENTION. IJuly 23. 

On motion of Mr. Shumwaj, 

The second seciion was amended by edding thereto tl«e words ^^and no 
more." 

Mr. Logan moved to amend the same section bj striking oat the words 
'^e'4!ht hundred," and by inserting inticu thereof the words **one thou^nd.** 

On motion, the quesiion was taken on sinking out, and deckled in the 
nei^atife. 

Mr. Keuner moved to amend the same section by striking out the word 
"two," and to intertin lieu thereof the word **ibur." 

The question was taken, and decided in the negative. 
On motion of Mr. Peltrs, 

The sam^ section was amended bj inserting after the word ^jears,'* 
the words *^and until his successor is qualified.*' 

Mr. Church n>ovcd to amend the same section by inserting after the 
words ^per annum/* the words ^*exclusive of clt;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. Gross of Winnebago, 

The fourth section was stricken out. 

On motion, the committee rose, reported back the report with sandrf 
amcnflments,and asked the concurrence of the convention therein. 

The question was lakcn and the report concurred in. 
On motion of Mr. Peters, 

The first section was amended by inserting after the word "year?," the 
words ^*and until his successor is qualified." 

Whrn, 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 irom the table, and referred to a conimiltee of the whole con- 
vention. 

Acrording to order, the convention resolved itself into a committee of 
the whole to consider the report o( the committee on Elections and the 
Right of Suffrage— Mr. Harvey in the chair. 

Sir. Scales rnuved to simend the fir^t seciion by striking out the woid 
•'citizen,'' and to insert in lieu thereof the word ••inhabitant." 

Mr. Dcitz callfd for a division, so as to vote first on striking oat 

The question was 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 tiled his 
declaration of his intention to become a citizen of the United States, ac- 
cording to the laws thereof." 

Mr, Harding moved to amend the amendment by striking out the 
word *^or,'' and by tnsertingin lieu thereof the word^^atid." 
On motion of Mr. bosl»y>hell, 

The committee rose, reported progres^^ and asked leave to sit ag^iin; 
which was granted. 

On leave, Mr. Gregg offered they iollowing resolution: 



Digiti 



zed by Google 



July 26j JOURNAL OF THE CONVENTION. 197 

Rrsoi^ffd^ That the sergeant-at-a-ms and assistant perjjeant-at-a»*ms be 
instniried to remove the rarpct from the flmirof this hall, an<l in order to 
give time for such removal, and also to give time to Iho rommitiees lo com- 
plete their l.ibors, when the convention adjourns to day, it adjourn to 
meet on Monday next at 8 O'clock, a. h. 

The question was taken, and the resolution adopted. 
On- motion. 

The coDveotion adjourned. 



MONDAY, July 26, 1S47. 



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: 

R^soheA^ That so much of a preamble an I resolution in ielati«n to the 
chapliuns of this body, (which appears on the journal of Tuesd«My last.; as 
assume:: that this convention is not able and willing to protect itself and 
offii:crs from interruption or insult while in discharge of their duties, be 
rescinded. 

R'^solved, That the president be requested to provide for the opening of 
the morning sessions with prayer. 
On motion of Mr. Nichols, 

The previous questioi whs ordered. 

The quifSiion wiis taken on the adoption of the resolutions and decided 
in the atlirmative. 

Mr. Sherman ofTered the following, as an article to be engrafted in the 
new constitution: 

ARTICLE — . 

Section I. Corporat'ons not possessing banking powers or privileges 
may bo formed under general laws, but shall not be cieatcd hy special 
acts except tor municipal purposes, and in cases where, in the judgment 
of the legislature, (he objects of the corporation cannot be obtained under 
general laws. 

^iBc. 2. No state bank shall hereafter be created, nor ghall the str«te 
own or be liable for any stock in any corporation or joint stock associa- 
tion for banking purposes. 

Sbc. 3. 1^0 bankmg powers or privileges shall be granted except by 
general laws, which shall be in accordance with the following provisions: 

1st. No law shall be passed sanctioning in any manner, directly or m- 
directly, the suspension of specie payments. 

:Jd. Ample security in interest-pa} ing stocks of the United SLilcs or of 
the states shall be deposited with the treasurer of state, (or the redemption 
in specie of all the bills and notes put m circulation, and no stock shall be 



Digiti 



zed by Google 



198 JOURNAL OP THE CONVENTION. {Jvly 36. 

received in deposite as aforesaid bat such as shall beatparTaluefttthetim^ 
of said deposit, and of such states tk% 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 o( 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; Providedj that the legislature may also aa- 
thorize a deposit of the bonds of this state to be nmde 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 pnv 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 paynoent over all other creditors 
of sutrh ^nuk or association. 

5th. Non-payment of specie shall be a forfeiture of all banking rights 
and privilcgi 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 shall ,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 a^ssociation for ban kmg purposes shall have 
a capital less than one hundred thousand dollars, nor greater than five 
hundred thousand dollars. 

Sbc. 5. The embezzlement of the funds or property of any corpora- 
tion or joint stock association (or banking purposes by any officer or agent 
thereof shall be deemed a felony, and it shall be the duty of the general 
assembly to pro>ido 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: 

8BCTioif I. No corporate body shall hereafter be created withio this 
state, with banking or discount privileges, either under fecial or general 
laws. 

Sbc. 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' the general assentbly authorizing corporations or associations with 
banking powers, shal! go into effect or in any manner be in force, qb- 



Digiti 



zed by Google 



July 26.] JOURNAL OP 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 bj a 
majority of all the votes cast at such election. 

Sbc. 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 expedients The vote upon each propo- 
sition to be taken by yeas and nays, in each house; and then it shall be 
the duty of the leginlature to submit the proposed amendment or amend- 
ments to the people at the next general election in this stile, 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 ofTercd 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 
ail commodities, and believing that paper money is but the representative 
and not the reality — a shadow or promise of the substan. e on which no 
reliance can be placed, and varying the value with the credulity and 
caprice of men, according to time, place and circum:>tances, that it is im- 
potent and inefficient to discharge any debt except at the ple^isure 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 chtss. 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 miking the 
wealthy splendid and 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 consequenliy exposes every man to want and beg- 
gary, thus degrading human feelings, encouraging men with delusive 
hopes of wealth fr4)m trade and speculation, and diminishing labor, the only 
source of wealth; therefore. 

Resolved^ That paper money bankruptcy is inexpedient and ought not 
to be tolerated in this state. 

On motion of Mr. McCallen, 

The whole subject was laid on the table, until the first day of January 
next.' 

On motion of Mr. Kinney of St. Clair, 

Leave of absence was granted to Mr. McCully for ten days. 

Mr. Allen, from the committee on the Bill of Rights, to which was refer- 
red the petition of Albert Tultle 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. 



Digiti 



zed by Google 



2C0 JOURNAL OF THE CONVENTION. [Julyjn. 

Mr. Ti:omas moved that the secretary of state be requeued lo procure 
a carpet tor tlie hall. 

Ml. Vance moved to amend tlic molitn eo that the door keepers shall 
replace so much of the old caipet as is suitable. 

Tlie question %%ai taken and the an.endment agreed to^ 

The question recurred un xini niotion as amended, and being taken, it 
was aecided in the affirmative. 

On motion ol Mr. Kinney of St. Clair, 

Ori/erec/, 1 hat the secretary ofsiaic be requested lo examine the old 
carpet, and to procure so n.uch new carpet as ma) be nectsssiJy to cover 
the floor of the hall. 
On motion, 

The convention adjourned. 



TUESDAY, July 27, !847. 

The convention met pursuant to adjournment. 

Prayer by Rev. Mr. Palmer of Marshall, a member. 

The journal of yesterdny was read. 

Mr. Dummer presoutcd the petition of Charles Chandler, and twenty- 
six others, citizens of Cass and Mason counties, praying that provision 
may be made in the new cojistitation for the office of superintendent of 
public instruction. 

On motion of Mr. Du.nmcr, 

The reading wfis dispensed with, and the petition referred to the com- 
mittee on Education. 

On motion of Mr. Edwards of Sangamon, 

A call of the conventon 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 disipensed 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 ihe committee last rose, was on the motion 
of Mr. Geddes to amend the amendment offered by Mr. Koman to the 
first section; when, 

Mr. Roman offered the following as a modification of his amendment: 

Amend the (irst section by inserting after the word, "conslitut'on," in 
the fourth line, the words ^^and at! free white male inhabitants of the age 
aforesaid, not being citizens of the United State?, 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 Slates; 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 and tiled 
m the office of the clerk of any court of record in this state.'* 

After some time. 



Digiti 



zed by Google 



July 28.] JOURNAL OF THE CONVENTION. 201 

Oq motion of Mr. Bosbyshell, 
The cuniriiilU;e rose, reporieU piugre>s, and asked Icuve to sil agnii)) 
whicn was grHiiied. 

Un iiioiiuDy 
The couveiiiioii adjourned untilSo^clock^p. m. 



THREB o'clock, P* X. 

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 Righi of l^uflrage — 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. i 

WEDNESDAY, July 28, 1S47. . j 

Convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Finley. 

The Journal of yesterday was read. 
On motion of Mr. West, 

Leave of absence was granted to Mr. Bond for six days, in conse- 
quence of sickness. 

On motion of Mr. Knapp of Jersey, 
^ T^eave of absence was granted to Mr. Harding for seven days from next 
Friday. 

On motion of Mr. Goddes, 

Leave of absence wasgrantrd to Mr. Moore for eight days, in conse- 
quence of sickness in his fanrily. 

On motion of Mr. Brockman, 

Leave of absence was granted to Mr. McHatton for fourteen days, 
and to Mr. Huston for eight days, in consequrnce of sickness. 

According to order, the convention re sdlved itself into a committee of 
the whole, agjain to consider the report of t!ie committee on Elections 
and the Right of Suffrajje — Mr. Harvey in fhe 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 protiHed further' <^ that if snr h inhabitant shall not perfect citizen- 
ship according to the laws of the United States, at the earliest practicable 



Digiti 



zed by Google 



303 JOURNAL OP THE CONVENTION. [J«/y 29. 

period after declaraiion of intention, then the elecibre franchise shall 
cease, until citisenship shall have been .perfected/^ 
After some time spent in the consideration thereof. 

On motion of Mr. Markley, 
The committee rose, reported progress, imd asked leare to sit agaio; 
which wad 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 of 
the whole, again to consider the report of the committee on Elections and 
the Right of SuflTrage — Mr. Harvey in the chair. 

The question pending when the committee rose on yesterday, was on 
the modified amendment off'red by Mr. Roman, as further modified by 
the proviso ofTored by Mr« Whiteside. 

The question was taken, and the amendment rejected. 

Mr. Mason moved to amend the first section by inserting after the word 
<^ constitution,^' in the fourth line, the words ^'and who shall have voted, 
under 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, and 
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 after 
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 the 
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 cut. 



Digiti 



zed by Google 



July 20.] JOURNAL OP THE CONVENTION. • 20S 

The question was tnken on striking out, and decided in the negattre. 

Mr. Mason moved to amend the same section by striking out the words 
^district or couutj," in the fifth line, and bj 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 ^ 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 Dtt« 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: 

** 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 of Mr. 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 oi Mr. Armstrong, 

The first section of the report wis taken op for consideration. 

Mr. Armstrong moved to amend the first section by inserting after the 
word ^constitution," the words following: 

^ And all free white male inhabitants of the^ age aforesaid, not being 
citizens of the United State^ who shall have resided in this state two years, 
and shall have declared their intention to become citizens of the United 
Stated, by a declaration of that intention, in conformity with the laws of the 
United States; Pr(A)i<kd^ 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 ^ JurtAer^ that if such inhabitant shall 
not perfect citizenship accorcling 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. Kitchell moved to postpone the further consideration of the first 
section. 

, Digitized by VjOOQ IC 



20i 



JOURNAL OF THE CONVENTION. \July 2a 



The qaestioti was taken, and decided in the negative. 

Mr. Bos by shell moved lo adjourn until three o'clock, p* m. 

The question viras taken, and decided in the negative. 
On motion of Mr. 8catc8, 

A call of the convention was ordered. 

The call was proceeded in, and 140 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 
*• 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. 11 ayes moved to amend the amendment by in^^erting the word 
♦* other" after the word ** all," in the first line, and further lo amend by 
striking out the words "not being citizens of the United States;" which 
was accepted by Mr. Armstrong as a mxlification. 

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, 



Mr. Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Blair 
Blakely 
Ballins^all 
Brock man 
BosbvfeheU 
Brown 
Bunsen 
Butler- 
Cm in 
CaldweU 

Campbell of Jo Daviess 
Campbell of McDonough 
Carter 
F. S. Casey 
Z. Casey 
Colby 
Cross of Woodford 



Mr. 



. (Yeas, 


» • • • 


*^«' {Nays, 


• • • • 


lative, are, 




Cloud 


Mr. Lasater 


Churchill 


Linley 


Davis of Massac 


McClure 


Dement 


Manly 


Duiilap 


Markley 


Farwell 


Mottett 


Green of Clay 


Morris 


Gregfi: 


Nichols 


Hatch 


Oliver 


Hayes 


Pace 


Heacock 


Robbins 


Henderson 


Roman 


Hill 


Roiintree 


Hoes 


Scatf*s 


Hofrue 


Stadden 


Huii!*aker 


Sherman 


James 


Smith of Gallatin 


Jenkins 


Thompson 


Jones 


Tult 


Krcider 


Veriior 


Kinney of St. Clair 


Witt 


Kitchell 


Whiteside. 



66 

78 



Digit! 



zed by Google 



July 290 



JOURNAL OF THE CONVENTION. 



205 



Those voting in the negative, are, 

Mr. Adams 
Canady 
Choate 
Constable 

Cross of Winnebago 
Church 
Dale 

Davis of Montgomery 
Davis of McLean 
Dawson 
Deitz 
Dummer 
Dann 
Daiismore 

Edwards of Madison 
Edwards of Sangamon 
Ecclcs 
Evey 
Frick 
Graham 
Geddes 

Green of Jo Daviess - 
Green of Tazewell 
Grimsbaw 
Harding 
Harper 

Mr. Bosbyshell moved to amenJ the first section by striking out the 
words '^ shall have the right of voting as aforesaid," and by inserting after 
ihe word "^ constitution," in the fourth line, the words following: 

^* And all other free white male inhabitants of the age aforesai(t, who 
shall have resided in this state three 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, shall have 
the right of voting as aforesaid; Provided^ whenever congress shall dis* 
penscwith 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; Jlwi provided^ further ^ that if 
such inhabitant shall not perfect citizenship according to the laws of the 
United Slates, at the earliest practicablo period after declaration of inten- 
tion, then the elective franchise shall cease, until citizenship shall have 
been perfected." 

On motion of Mr. Constable, 

The prtvious question was ordered. 

The question was taken, by )eas and nays, on the adoption of the 
amendment. 



■. Harvey 


Mr. Pratt 


H.y 
Holmes 


Peters 


Pmckney 


Hurlbat 


Rives 


Jackson 


Robinson 


Judd 


Sharpe 


Knapp of Jersey 


Swan 


Knapp ol Scott 


Spencer 


Keiiner 


Servant 


Kinney of Bureau 


Sibley 


Knowlton 


Sim 


Knox 


Simpson 


Lander 


Singleton 


Lemon 


Smith of Macon 


Lock wood 


Thomas 


Logan 


Thortiton 


McCallen 


Turubull 


Marshall of Coles 


Turner 


Marshall ot Mason 


Tuttle 


Mason 


Vance 


Matbeny 


Webber 


Mieure 


West 


Miller 


Williams 


Minshall 


Whitney 


Northcott 


Woodson 


Palmer of Marshall 


Worcester* 



And decided in the negative. 



JYeas 
(Nays, 



67 
76 



Those voting in the affirmative, are, 



Mr. A1l«n 
Anderson 
Archer 
Annstronf 



Mr. Athlon 
Blair 
Biakely 
Bnllingalt 



Mr. Brockman 
Bosbyshell 
Brown 
Bun 



Digiti 



zed by Google 



ao6 



JOURNAL OP THE CONVENTION. [Jt% JS. 



Mr. Butler 
CraiD 
Caldwell 

Campbell of Jo DavieM 
Campbell of McDonough 
Carter 
F. S. Caaey 
Z. Casey 
Colby 

Cross of Woodford 
Cloud 
Churchill 
Dale 

Davis of Massac 
Dement 
Dunlap 
Farwell 
Green of Clay 
Gregg 



Mr. Adams 
Canady 
Cboate 
Constable 

Cross of Winnebi^ 
Church 

Davis of Montgomery 
Davis of McLean 
Dawson 
Deits 
Dummer 
Dunn 
Dunsmoie 

Edwards of Madison 
Edwards of Sangamon 
Eccles 
Evey 
Fnck 
Graham 
Geddes 

Green of Jo Daviess 
Green of Tasewell 
Grimshaw 
Harding 
Harper 
Harvey 



Mr. Hauh 


Mr. Maikley 


Hayes 


Moffett 


Heacock 


Morris 


Henderson 


^lchols 


Hill 


Oliver 


Hoes 


Pace 


Hogue 


Robbins 


Hunsaker 


Roman 


James 


Roontree 


Jenkins 


Scates 


Jones 


Staddea 


Kraider 


Sherman 


Kinney of St« Glair 


Smith of GaUmtia 


KitcheU 


Thompson 


Lasater 


lutt 


Linley 
McCJm 


Vemor 


Witt 


Manly 


Whiteside. 


egative, are, 




Mr. Hay 
Holmes 


Mr. Pratt 


PMckMy 


Hurlbut 


Rives 


Jackson 


Robinson 


Judd 


Sharpe 


Kf rnqp of Jertey 


Swan 


ICnapp of Scott 


Spencer 


Kenner 


Servant 


Kinney of Bareaa 


Sibley 


Knowlton 


Sim 


Knox 


Simpson 


Lander 


Singleton 
Smith of Macon 


Lemon 


Lockwood 


Thomas 


Logan 


Thornton 


McCallen 


TumbuU 


Marshall ot Coles 


Turner 


Marshall of Mason 


TnlUe 


Mason 


Yaiice 


Matheny 


Webber 


Mieure 


Weft 


Miller 


Williams 


Minshall 


Whitney 


Nortbcott 


Woodson 


Palmer of Manhall 


Worcester. 



The question was taken, by yeas and nayn, on (he adoption of the first 
section. 



And decided in the affirmative, j]|^^*'' 
Those voting in the affirmative, are^ 



Mr. Adams 
Brown 
Canady 
Choate 
Conttable 
Cross of Winnebjigp 



Mr. Church 

Davis of Montgomery 

Davis of UcUm 

Dawson 

Delta 

Dummtr 



81 

60 



Mr. Dunn 
Dunsmore 
Edwards of MadlapQ 
Edwards of f 
Eccles 
Svey 



Digiti 



zed by Google 



Juljf '29.] 



JOURNAL OF THE CONVENTION. 



SOT 



Mr. Friek 


Mr. Knox 


Mr. Swan 


Grmbam 


Lander 


Spencer 


Geddes 


Lemon 


Servant 


Green of Jo Daneit 


Lockwood 


Sibley 


Green of Tuewell 


Logan 


Sim 


Grimsbaw 


McCallen 


Simpson 


Btrding: 


Marshall of Colei 


Stngleton 


Harper 


MarabaUofMaaon 


SmUh of Macon 


Hty 


Mason 


Tbomaa 


HOCM 

HoTmea 


Matbeny 


Thornton 


Mleure 


Tiimbull 


Harlbat 


Miller 


Turner 


Jackaon 


Minsball 


lottle 


Jonea 


Northcott 


Vance 


Joddf 


Palmer of ManlMll 


Webber 


Knappof JeiMjr 
Knapp of Scot ; 


Pratt 


West 


Piockney 


Williams 


Kenner 


Rives 


Witt 


Kinney of Barea« 


BobinoM 


Whitney 


Kitcbell 


RonntiM 


Woodson 


Koowlton 


Sharpo 


Worcester. 


Those voting in the negatiye, are, 




Mr. Allen 


Mr. Cloud 


Mr.Luater 


Anderson 


Cbarchill 


Linley 


Archer 


Bale 


McClum 


Armatronr 


Dement 


Manly 


Atherton 


Danlap 
Farwell 


Markler 


Blair 


Moffett 


Blakely 


Green of Gaj 


Morris 


Ballingall 


Gregg 


Nichols 


Brockman 


Harvey 


Oliver 


Bosbyahell 


Hatch 


Face 


Bonsen 


Hayes 


Bobbins 


BaUer 


Heacock 


Roman 


Grain 


Henderson 


Scates 


Campbell of Jo DaTieaa 


Hill 


Stadden 


Campbell of McDoDoogh 


Hoes 


Sherman 


Carter 


Hansaker 


Smith of GiUatii 


F. S. Caaer 


Jamea 


Thompson 


Z. Caaey 


Jenkins 


Tutt 


Colby 


Kreider 


Yernor 


Crott of Woodford 


Kinney of StCkir 


Whiteside. 



Mr. ConstuUe mdved the previous question on the adoption of the se* 
cond ser.tion. 

The question was taken^ and decided in the negative. 

Mr. Kobbins moved to amend the second section bj striking out the 
two last words, and by inserting in lieu thereof, tlie words ^«mni noet 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 M until otherwise provided by law.** 

The question was taken, and decided in the negative. 

The question was taken, hy yeas and nnys^ on the adoption of the se* 
c^nd section. 



Digiti 



zed by Google 



30S JOURNAL OF THE CONVENTION. [7«/y 2i>. 

And decided in the affiimalive, < ij®*^* 



96 
41 



Those voting in the affirmative, are, 



Mr. Adams 
Anderson 
Armstronr 
Blakely 
Bosbysbell 
Butler 
Canady 

Campbell of Jo Daviess 
Carter 
Choate 
CoDsUble 

CroM of Winnebago 
Cloud 
Church 
Churchill 
Dale 

Davis of Montgomory 
Davis of McLean 
Dawson 
Deitz 
Dement 
Dummer 
Dunlap 
Dunamore 

Edwards of Madison 
Frick 
Geddes 

Green of Clay 
Green of Jo Daviess 
Green of Tazewell 
Grimshaw 
Harding 
Harper 



Mr. Harvey 
Hatch 
Hay 

Heacock 
Henderson 
Hill 
Horiie 
Holmes 
Huribut 
Jackson 
Jones 
Jndd 

Knapp of Jertej 
Knapp of Scott 
Kreider 

Kinnej of Buremn 
Kitchell 
Knowlton 
Kn«x 
Lander 
Lemon 
Lin ley 
Lock wood 
McCallen 
McClure 
Manly 
MarklPT 

Ma>8hall of Coles 
Mason 
Matheny 
Mieure 
Minihall 



Those voting in the negative, are. 



Mr. Allen 
Archer 
Atherton 
Blair 
Ballihgall 
Brock man 
fiunsen 
Crain 
Caldwell 

Caffi|>beil of McDonongh 
F. S. Casey 
Z. Casey 
Colby 
Cross of Woodford 



Mr. Dunn 

Edwards of SnngnmoR 

Eccles 

Evcy 

Graham 

Hayes 

Hunsaker 

James 

Jerkins 

Kenner 

Kinney of St. Clair 

Lasater 

Logan 

Marshall of Maaon 



Mr. Moffett 
Morris 
Nichols 

Palmer of Maraball 
Pratt 
Pinckney 
Rives 
Robinson 
Roman 
Rountrea 
Sharpa 
Stadden 
Swan 
Spencer 
Sherman 
Servant 
Sibley 
Simpson 
Singleton 
Smith of Macoa 
Thomas 
Thompson 
Turnbull 
Turner 
Tuttle 
Vance 
West 
Williams 
Witt 
Whitney 
Woodson 
Worcester. 



Mr. Miller 
Northcott 
Oliver 
Pace 

Robbins 

Scates 

Sim 

Smith of Gallatin 

Thornton 

Tutt 

Vernor 

Webber 

Whiteside. 



On molion of Mr. Scntet, 

l^hc question iva4 taken upon the adoption of all the remainiog sections 
of the report, except the 8th section* and decided in the affirmative. 

Mr. Adnms moved to amend the eighth section by inserting after the 
word **on,'* the words *• the Tuesdav next aOcr," 



Digiti 



zed by Google 



My 29.2 JOURNAL OP THE CONVENTION. 209 

Mr. Marklej moved to adjourn until three o*clock, p. u. 
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. Harvej moved to amend the same section by striking out tl)e word 
•* biennially." 

Mr. Campbell of McDonough moved a call of the convention. 

The question wai taken, and decided in the negative. 

The question was taken on the amendment oflfered by Mr. Harvey, and 
decided in the negative. 

Mr. Thomas moved to amend the same section by adding thereto the 
following: 

" Until otherwise provided by law." 
On motion of Mr. Armstrong, 

A cnll of the convention was ordered. 

One hundred and ten members having answered to their names, 
On motion of Mr. Thomas* 

Further proceedings under the call were dispensed witli. 

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 
the end of the section, the words ** except such elections as shall be spc- 
ciillf provided for in this constitution.' ' 

The question was taken, and the substitute rejected. 

The question was taken, by yeas and nays, on the amendment. 



Mr. Alleti 
Archer 
Atbeiton 
Blair 
Boutin 
Crun 
Canady 
F. a Casey 
Z.Casrr 

CroM of Winnebaffo 
Cloud 
Obwch 

14 



KrmAlivA 5^®*®» 


72 


hrmalive, ^^^^^ ^ 


50 


irmative. are. 




Mr. Churchin 


Mr. Gretn of Jo Davieis 


Dale 


Green of Tazewell 


DaTiB of Montgomeiy 


Gregg 


Dummer 


Giimabaw 


DuDlap 


Harding 


Dann 


Harper 


DdiiBinoTe 


Hay*^ 


Eceles 


Hayes 




Honsaker 


Friek 


Jackson 


Grabam 


James 


Gnm of Cliy 


Jonkias 



Digiti 



zed by Google 



210 



JOURNAL OF THE CONVENTION. {Julif 29. 



Mr. Jones 


Mr. Markley 


Mr. Singleton 


Judd 




Manila] I of Mason 


Smith of Gallatin 


Knapp of Jersey 




Nortbcott 


Thomas 


Kreider 




Pace 


Thonitob 


KeDDei 




Palmer of Manball 


Turnbull 


Kitobell 




Pratt 


Tutt 


Knowlton 




Rives 


. Tuttle 


Lander 




Bobbins 


Webber 


Lasater 




Koman 


West 


LemoD 




Servant 


Witt 


Linley 




Sibley 


Whiteside 


Manly 




Simpson 


Worcester. 


Those who voted in the 


negative, are, 




Mr. Adams 


Mr 


. Harvey 


Mr. Nichols 


Anderson 




Hatch 


Oliver 


Armstrong 
Blakely 




Heacock 
HiU 


Pinckuey 
Robinson 


Brockman 




Hogue 
Holmes 


Sharpe 
Stadden 


BuUer 




Campbell of McDoBOittfa 
Carter ^ 




MeCallen 
McClure 


Swan 
Sim 


Clioate 




Marshall of Coles 


Smith of Macon 


Colby 




Mason 


Turner 


Cross of Woodford 




Matheny 


Vance 


Dawson 




Mieure 


Vernor 


Edwards of Sangamon 




Miller 


Whitney 


Geddes 




Molfett 


Woodson. 



On motion of Mr. Wgodson, 

The article as adopted was referred to the committee on the Revision 
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 tablei 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 Aflairs — 
Mr. Thomas in the chair; (that report being the 5th article in the consti- 
tution.) 

Mr. MeCallen moved to amend the amendment by strikiRg oat the 
words '' officers of,'^ and by inserting in lieu thereol the words *' persons 
composing." 

Mr. Campbell of McDonough moved to amend the amendment by in- 
serting after the word ♦•peisons," 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 fitst on striking out* 

The question was taken on striking out, and decided in the negative. 

Mr. Knapp of Jersey moved to amend the fifth section by striking out 
all after the word ** commissions,'* and by inserting in lieu thereof the 
words ^^ for such time as the legislature may provide.** 

Mr* ILenner moved to amend the amendment by substituting therefor 



Digiti 



zed by Google 



July 29.] JOURNAL OP THE CONVENTION. 911 

the words *<for ten years, and until their successors are elected and qual- 
ified.'^ 

The question was taken, and the substitute rejected. 

The question was taken on the amendment offered by Mr. Knapp of 
Jersey, 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- 
paniesi uniform, equip and hold themselves in readiness for service, shall 
be exempt from serving on juries, and paying a capitation tax for road 
purposes." 

Mr. Campbell of McDonough moved to amend the proposed sdction by 
inserting after the word <* persons,'' in the first line, the words ** except 
foreigners." 

The question was taken, and the amendment rejected. 

Mr. Kitchell moved to amend the proposed section by striking out the 
words *• serving on juries and." 

The question was taken, and the amendment rejected. 

Mr. Campbell of McDonough moved to amend the proposed section by 
Arikiog 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 
decided 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 
ia 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* 
from in time of peace, only in case of invasion, upon paying the sum of 
fiAy cents per year, for use of volunteer companies, to be disbursed ac- 
cording to law." 

Mr. Edwards of Sangamon moved to amend the proposed section by 
striking out all after the word ^^year," and by inserting in lieu thereof the 
following: 

*^To be paid into the state treasury and applied to the payment of the 
poblic debt." 

The question was taken, and the amendment rejected. 

The question was taken on the adoption of the additional section as 
proposed 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 Sir. 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. 



Digiti 



zed by Google 



212 JOURNAL OP THE CONVENTION. [A/y 30. 



FRIDAy, July 30, 1847. 

The coDvention 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 nevr constitution for the office of superintendent of 
public instruction, with a liberal salary; which, without reading, was^ on 
bis motion, referred to the committee on Education. 
On motion of Mr. TurnbuU, 

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 Sangamon 
in the chair. 

Mrr Archer moved to strike out the word •^hall,'' in the first line of 
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 necessary." 
On motion of Mr. Markley, 

The committee rose, reported progress, and asked leave to sit again; 
which was granted. 
On motion. 

The convontion adjourned until three o'clock, p. m. 



THRBB o'clock, P.' M. 



The convention met pursuant to adjournment. 

The question pending when the committee rose this morning was on 
the amendment oflered by Mr. Archer to the first section. 

The question was taken, and the amendment agreed to. 

Mr. Woodson moved to strike out the first section, and to insert in lieu 
thereof the following: 

<*The legislature shall cause to be collected from all free white male 
inhabitants of this state over the age of twenty -one years, and under the 
age of fifty years, a capitation tax of not less than fifty cents, nor more 
than one dollar each, until the payment of the state debt, to be paid into 
the state treasury, and applied as the legislature may direct; Provided, 
when the poll tax herein provided for shall be fixed at one dollar, no 

{person pay mg said tax shall be required to perform more than one day's 
abor on the public roads during the year^ but when said tax shall be fixed 
at^ess than^one dollar, two days' labor may be required. 



Digiti 



zed by Google ' 



Jmly 30.] JOURNAL OP THE CONVENTION- 2l3 

**Sbc. 3. The foregoing section shall be submitted Separately to the 
people at the same time that the constitution shall be submitted to them 
for their ratificatioD or rejection, and if a majority of the votes polled at 
such election shall be in favor of such tax, thsn 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 ad visablei 
levy such tax as is provided in said first section.'* 

Mr. Scates moved to amend the substitute by striking oat 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 all jewels, trinkets, ornaments, timepieces, 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 shidi 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 
the proviso. 

Mr. Churchill moved to amend the second section of the substitute by 
striking out all after the third word ^'constitution,'' and to insert in lieu 
thereof the words *nf 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 slri* 
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 '^uhabitant,** and by inserting in lieu thereof the word 
*'voter." 

Mr. McCalien 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. 



Digiti 



zed by Google 



214 JOURNAL OP THE CONVENTION. \Jultf 30. 

Mn Hogue called for a divisioQ, so as to vote first on striking out the 
sectioD. 

The question was taken, and the committee refused to strike out th« 
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 S\e 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, 
tenement?, and hereditaments; capital invested in corporation!* 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: 

'^Thc legislature shall have power to authorize each county in this state 
to cause 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 following: 

*^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 lest 
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. Flay, 

The first section was amended by inserting between the words ''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 ihe 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." 



Digiti 



zed by Google 



July 30.) JOURNAL OP THE CONVENTION. 415 

The question was taken, and the acnendraent rejected. 

Mr. Runner moved to amend the same section by striking out the 
words «'les3 than fifty cenU nor,'^ 

The question was taken, and the amendment rejected. 

Mr. Hurlbut moved to amend the same section by striking out die 
word "free.'' 

The qiiestion vras tak«n, 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. Brockman 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 samj section was amended by inserting the word ♦'merchants,^^ 
after the words ••hawkers." 

Mr. Campbell of McDonough moved to amend the same section by 
inserting after the words ^*commissidn merchants," the words ^^doctors, 
lawyers," an<l 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 seciion by striking out the words 
♦'grocery keepers," and insert in lieu thereof the words **toll bridges." 

The question was taken, and decided in the negative. 

Mr. Northcott moved to amend the same section by inserting after the 
words **grocery keepers," the words **toll bridges." 

The question wsis takcn^ and the amendment agreed to. 

Mr. Wead moved to amend the same section by striking out all be- 
tween the word ♦♦ascertainea'' 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 "pedlers," and by inserting in lieu thereof the words '*lhe legis- 
lature shall provide (or 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; Promcfecf, the legislature may fix a minimum value upon real estate, 
and exempt from taxation such property as it may deem proper; And pro- 
vrled^ further^ that the legislature shall have power to tax." 

Mr. Knox moved for a 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 "Proricterf, that no land 
shall be valued at less than two dollars per acre." 

The question was taken, and the amendment rejected. 

Mr. Seates moved to amend the same section by inserting after the 
word ♦♦person," the following: ♦♦corporation and government." 
On motion of Mr, ETrockman, 

The commitlee rose, reported progress, and asked leave to sit again; 
which was granted. 
On motion, 
The convention adjourned. ^ l 

Digitized by VjOOQ IC 



916 JOURNAL OF THE CONVENTION* iJuly 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 Miicellaneous 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 L 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 olBBeers, who shall hold their offices fouryearsand 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 action^ 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 same time and in the same man- 
ner, a clerk of said court, who shall hold his office four years sxrid until hit 
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 courts shall have power to reduce the rate of iees accru- 
ing to any ofRcer 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 snail be oral. 

Sec. 7. Appeals may be taken from the county to the circuit courts, 
but all appeals shall be tried Tie novo* And if either party shall desire to 
preserve the record in any cnsc 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 sha!! 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 set* 



Digiti 



zed by Google 



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 rightof trial by jury. 

Sbc4 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 employ ed, 
out of the county treasury. 

Sbc 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. 

Thequestion was then taken, by yeas and nays, on suspending the rule 
and taking up the resolution, and 

II was decided in the aflirmative, J^^^g' 1 ! ! ! M> 

Those voting in the afiirmative, are, 

Mr. Allen 
Anderson 
Atberton 
Blair 
Blakelf 
Hansen 
Butler 
Grain 
Canady 
Caldwell 

Campbell of McDonough 
Carter 
F. S. Casey 
Z. Casey 
Choate 

Cross of Woodford 
Cloud ^ 
ChurchUl 
Dale 

Da^is of Montgomery 
DsTis of Massac 
Dement 
Danlap 
Dunn 
Dunsmore 

Edwards of Sangamon 
Eecles 
Edmonson 
Erey 



Mr. FarweU 


Mr. Moffett 


Graham 


Morris 


Green of Clay 


Nichols 


Green of Tazewell 


NorUicott 


Grimshaw 


Oliirer 


Harper 


Pace 


Hay*^ 


Palmer of Marshall 


Henderson 


Pinckney 


HiU 


Robbins 


Hogue 


Roman 


Hunsaker 


Rountree 


Hurlbat 


Scales 


James 
Jenkins 


Sharp* 
Stadden 


Jadd 


Swan - 


Knapp of Jersey 
Knapp of Scott 


Spencer 
Sherman 


Kreider 


Sim 


Kinney of St. Clair 


Simpson 

Smith of Gallatin 


KitcheU 


Knox 


Smith of Macon 


Lasater 


Shumway 


Linley 


Vance 


Lockwood 


Webber 


McClure 


West 


Manly 

Marshall of Mason 


Witt 


Whiteside 


Mienre 


Whitney 


Miller 


Woodson. 



Digiti 



zed by Google 



!2id 



JOURNAL OF* THE CONVENTION. ^July 31. 



Green of J< 


> Daviesa 


Mr. Peteri 


Hatch 




Rivea 


Heacock 




RobiMon 


Holmes 




Sibley 


Knowlton 




Thomas 


Lander 




Thompson 


McCallen 




TumbuU 


Markley 




Turner 


Manhall of Colea 


Tuttle 


MiDihall 




Wead. 



Those voting in the negative, are, 

Mr. Adams 
Armstrong 
Bosbyshefi 
Colby 

Cross of Winnebago 
Church 

Davis of McLean 
Dawson 
Dummer 
Geddes 

Mr. Z. Casey modified the resolution by striking out the words ^'Friday, 
the 30th instant,'' and by inserting in lieu thereof the words *Hhe 20lh 
of August next." 

Mr. Adams moved to amend the resolution, as modified, by striking out 
the words ^Hhe 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 w<is taken on striking out, and decided in the affirmative. 

Mr. Lockwood moved to fill the bl^ank 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 Jj^^' ! ! ' ! 94 



Those voting in the affirmative, are, 



Mr. Adams 



Armstronfif 

Bosbyshell 

Colby 

Church 

Davis of McLean 

Dummer 

Edwards of Madison 

Edwards of Sangamon 



Mr. Allen 
Anderson 
Atherton 
Blair 
Blakely 
Brockman 
Bunsen 
Butler 
Grain 
Canady 

Campbell of McDonourh 
Carter * 



Mr. Graham 


Mr. McCallen 


Geddes 


Marshall of Coles 


Green of Jo DaTiess 


Mason 


Hatch 


Peters 

TumbuU, 


Heacock 


Tomer 


Hogue 


Wead 


Knowlton 


^est. 


Lander 




egative, are, 




Mr. F. S. Casey 


Mr. Dement 


Z. Casey 


Dunlap 


Choate 


Dunn 


Cross of Winnebago 
Cross of Woodford 


Dunsmore 


Eccles 


Cloud 


Eklmonson 


Churchill 


Evey 


Dale 


Farwell 


Davis of Montgomery 


Green of Clay 


Davis of Massac 


Green of Tazewell 


Dawson 


Grimshaw 


Deitz 


Harper 



Digiti 



zed by Google 



July 31 J JOURNAL OP THE CONVENTION. 



219 



Kr. Hanrey Mr. 

Hay 

Hendenott 
Hill 
Holmed 
Hnnsakar 
Harlbut 
James 
JepkiDS 
Judd 

Knapp of Jersey 
Knapp of Scott 
Kreider 

KJDDey of St. Clair 
Kitchell 
Koox 
Laaater 
Linley 
Lockwood 
McClure 

Mr. EdwardsofSarlgamon rose to apoint of order, insisting that the 
rule (providing that the convention should resolve itselfinto 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 had 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?** 

94 
26 



Markley 


Mr. Sharpe 
Stadden 


Manhallof Haion 


Mieure 


Swan 


Miller 


Spencer 
Sibley 


Miniball 


Moffett 


Sim 


Morris 


Simpson 


Nichols 


Smith of Gallatin 


Nortbcott 


Smith of Macon 


Oliver 


Shumway 


Pace 


Thomas 


Palmer of Marshall 


Thompson 


Pinckney 


Tuttle 


Rives 


Vance 


Robbins 


Webber 


Robinson 


Witt 


Roman 


Whiteside 


Roan tree 


Whitney 


Scates 


Woodson. 



4 Yeas 
It was decided in the affiimative, i^ 

Those voting in the affirmative, are, 



Mr. Allen 

Armstrong 

Atherton 

Blair 

Blakely 

Broekman 

Bunsen 

BuUer 

Grain 

Canady 

Caldwell 

Campbell of McDonoogh 

Carter 

F. a Casey 

Z. Casey 

Choate 

ChurchiU 

Dale 

Davis of Montgomery 

Davis of McLean 

Davis of Massac 

Dawson 

Deitz 

Dement 

Dunlap 

Dansmore 



Mr. Ecdes 
Edmonson 
Evey 
Farwell 
Green of Clay 
Green of Jo Daviess 
Green of Tazewell 

Haiper 

Harvey 

Hatch 

Hay 

Henderson 

Hill 

Holmes 

Hunsaker 

Hurlbat 

James 

Jenkins 

Judd 

Knapp of Jersey 

Knapp of Scott 

Kreider 

Kinney of St. Clair 

Kitchell 

Knox 



Mr. Lander 
Lasater 
Linley 
Lockwood 
Logan 
McClure 
Manly 

Marshall of Coles 
Marshall of Mason 
Mieure 
Miller 
Minshall 
Moffett 
Morris 
Nichols 
Northcott 
Oliver 
Pace 

Palmer of Marshall 
Robbins 
Robinson 
Roman 
Rountree 
Scates 
Sharpe 
Stadden 



Digiti 



zed by Google 



3dO JOURNAL OF THE CONVENTION. {July 31. 



Mr. SiraB 


Mr. Smith of Macon 


Mr. Webber 


Spencer 
Saerman 


Shumway 


Williams 


Thomas 


Witt 


Sibley 


Thompson 


Whitney 


Sim"^ 


luttle 


Woodson. 


Smith of Gallatin 






Thode TOting in the 


negative, arc, 




Mr. Adami 


Mr. Geddes 


Mr. Piockney 


Andersoii 


Grimshaw 


Rives 


Bosbyshell 


Heacock 


Simpson 


Cross of Winnebago 


Hogue 


TumbuU 


Church 


Koowlton 


Turner 


Dummer 


McCallen 


Vance 


Edwards of Madison 


Markiey 


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 afi&rmative. 

The question was then taken on agreeing to the amendment ofibred 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 A committee of 
the wh3le, 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 yesterdays was on 
the amendment oflTered 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. 



Digiti 



zed by Google 



July 31.] JOURNAL OP THE CONVENTION. 321 

Mr. Markley moyed to amend the second section hy 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* 
larand 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. 

I 

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. Markiey, 

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. 
Eid wards 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. Markiey. 

Mr. Churchill offered the following as a substitute for the amendment: 

^ But may fix a minimum value for the counties of this state, respec- 
tirely, according to its estimate of the minimum value of lands in eacn of 
said counties/' 

The question was taken, and the substitute rejected. 

The question was put on the amendment offered by Mr. Markiey, 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 thejconvention 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. Markiey, and 
decided in the negative. 

Mr. Dawson moved to amend the same section by striking out the 
words ** and not otherwise." 



Digiti 



zed by Google 



2i2 JOURNAL OP THE CONVENTION. [July 31* 

The question was taken, and decided in the negative. 

Mr. Tarn bull moved to amend the same section by adding thereto the 
following: 

<* The legislature maj provide for equalizing the valuation of taxable 
properly.** 

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 th^ affirmative; when, 

Mr. Scatcs withdrew the amendment. 

Mr. Scates offered the following as an additional section: 

*' Sbc, 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 cent, 
of the retail value, and not less than five nor more than tifteen 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: 

'* 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: 

'*Thc 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 v/earing 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 nave 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: 

'*Sbc. 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 for a 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: 

^■c. — , Hercafler no purchaser of any land or town lot, at any sale 
of lands or town lou for iaxes due either to this state, or any coonty, or 



Digiti 



zed by Google 



July 31.] JOURNAL OF THE CONVENTION. 223^ 

incorporated Iowd 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 He 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 (A- 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 new^aper 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. 

Tho question was put, but no quorum voting, the committee rose, and 
reported that fact to the convention. 
On motion. 

The coaventioo adjourned until Monday. 



Digiti 



zed by Google 



S24 JOURNAL OP THE CONVENTION. [July 81. 



MONDAY, August 2, 1847. 

Convention assembled pursuant to adjourament. 

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 lllinoia, praying that 16i) 
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 oflicers 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 MO 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. Crain, from the committee on Miscellaneous Subjects and Ques- 
tions, to which was referred the petition of Wm. Morgan, and others, 
praying for a 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 ofler a resolu- 
tion. 

On motion of Mr. Hof;ue, 

A call of the convention was ordered. 

The call was proceeded in, and a quorum being present, 

On motioo, further proceedings under the call were dispensed with. 



Digiti 



zed by Google 



August 2.} JOURNAL OF THE CONVENTION. 



S23 



On motion of Mr. Servant, 
Leave of absence was granted to Mr. Jones for fourteen days, in con- 
uqacDce 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. Tbompsony 
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, \m 
consequence of sickness in his family. 
Mr. Thomas withdrew the motion to suspend the rules. 

On motipn of Mr. Ecclcs, 
The rule was suspended to enable bim to introduce the following reso- 
Idtioo: 

Resohed, That whenever a call of the convention is ordered, the secre- 
tary shall note on the journal the names of the cibsentees. 

The question was taken, by yeas and nay{>, on the adoption of the reso- 
lution, 



And decided in thfc affirmative, |]^^^'' 
Those voting in the affirmative, are. 



109 

7 



Mr. Adami 

Anderton 
Annstroo|^ 
Atberton 
BlaT 
Blakelx 
BrockmaD 
Bond 

^sbyshell 
Brown 
BuDseD 
Butler 
Craia 
Canadj 

CampbtU of McDonougli 
Carter 
F, S Ctwy 
Z.Caiey 
Choate 

Cross of Wiunebago 
Clottd 
Chqrch 
Ch .rebUl 
Bale 

Bavii df MontufooMrr 
Bivifl of McLean 
^v» of Matsac 
15 



Mr. Dawson 
Deitz 
Dement 
Duwmer 
Dunn 
Dunsmoie 

Edwardu of Madison 
Edwards of Sangamon 
Eccles 
Edmonson 
Evey 
Graham 
Geddes 

Green of Clay 
Green of Jo Dafittt 
Gregg 
Grimshaw 
Harlan 
Harper 
. Hatch 
Hay 

Henderson 
Hill 
Horae 
Holmes 
Hnrlbttt 
James 
Jankioi 



Mr. Judd 

Kiiapp of Jersey 

Kreider 

Kinney of Bureatt 

Kinney of St. Clair 

Kitchen 

Knox 

Lander 

Lasater 

Linley 

McCallen 

McClure 

Manly 

Mark lev 

Maisbailot Coles 

Mason 

Miller 

MinsbaH 

Moffett 

Morris 

Michols 

Oliver 

P&ce 

Palmer of Marshall 

Pinckney 

Rives 

Robinson 

Boontne 



Digiti 



zed by Google 



2iQ JOURNAL OF THE CONVEiXTION. [Jiugtui 2. 



Mr. Scates 




Mr. 


. Simpson 


Mr 


. Wead 


Sudden 






Smilh of Gallatin 




Webber 


Sharpe 






Smith of Macon 




\yilUam0 


Swan 






Thomas 




Witt 


Spencer 
Sherman 






TurnbuU 




Whiteside 






Turner 




Whitney 


Servant 






'iott 




Woodsou 


Sibley 
Sim 






Vance 




Worcester, 


Those voting in 


the 


negatiye, are, 






Mr. Caldwel* 




Mr, 


, Knapp of Scott 


Mr 


. Roman 


Colby 






North cott 




Thompson 


Heacock 













Mr. Whiteside moved to suspend the rule to cntible him to introduce a 
resolution. 

The question was taken, and decided in the negative. 

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 last rose, was on the .imend- 
ment ofTered hjr Mr. Thomas, to the additional section proposed by Mr. 
Farwell, which proposes to strike out the words *'or auditor's warrants.** 

The question was tuken, and the amendment rejected. 

Mr. McCallen moved to amend the proposed section by inserting the 
words "or other stale indebted ness,'' after the word "warrants." 

The question was taken, and the -amendment rejected. 

The question was taken on agreeing to the proposed section, and deci- 
ded in the negative. 

Mr. Sherman oiTcred the following as an amendment to the third sec- 
tion: 

" Unless the same shall be situated in a village or city, where no more 
shall be exempted than the quantity occupied by such building." 

The question was taken, and the amendment agreed to. 

Mr. Hogue moved to substitute the following in lieu of the section as 
amended: 

"The property of the state and counties, both re.il and personal, and 
such other property as the legislature may deem necessary lor school, re- 
ligious, and charitable purposes, may be exempted from taxation.^' 

The question was taken, and the substitute adopted. 
On motion of Mr. Thomas, 
( The following were severally ngreed to as additional sections: 

*' Sec 5. The corporate authorities of counties, townships, school dis- 
tricts, cities, towns, and villagps may be vested with power to asseis and 
collect taxes for corporate ptirposes, such taxes to be uniform in respect to 
persons and property, within the jurisdiction of the body imposing the 
same. 

"Sbc. 6. The specification of the objects and subjects of taxation 
shall not deprive the general assembly of the power to require other ob- 
jects or subjects to be taxed, in such manner as may be consistent with the 
principles of taxation fixed in this constitution.'^ 

Mr. Churchill moved the following as an additional section: 

Digitized by VjOOQ IC 



August2.'\ JOURNAL OF THE COxWENTION- 227 

"Sbc — . The general assembly may, at any regular session, repeal 
or amend the foregoing sectiou by a vote of two- thirds of the members 
elect." • 

The question was taken, and the amendment rejected. 

Mr. Dawsun offered the following as an additional section: 

*'Sbc. — . The legislature shall cause the several county clerks in i\\U 
•tate", at the proper time, to make out, in tabular form according to the 
proper 8ub-divi:iions thereof, a list of land on which taxes remain due 
and unpaid for the year last past, and place the same in the hands^f the 
assessor for the next year, whose duty shall be, when he assessed lands, to 
connpare the assessment with the delinquent list, and should they find any 
lands on the delinquent list which belongs to any citizen of their respeo 
tive counties, they shall notify the citizen thereof, and all other lands on 
his list shall be published in some newspaper nearest where the lanS lies, 
and no lands shall be sold for taxes until at least three months after the 
assessment closes according to law." 

The question was taken, and the proposed section rejected. 

Mr. Turner n)oved to add the following proviso to the4ih section, adopt- 
ed on Saturday last: 

^^ Pruvidedy that every tract or parcel of land lying in this state and 
lubjcct to taxation, shall be liable for all taxes accruing on the same, and 
all such lands may be proceeded against and sold for taxes without regard 
to ownership, or otherwise, in such manner as the legislature shall pre- 
scribe by law, and provided in all cases, a judgment shall be obtained 
against such lands, before the same shall be sold." 

The question was taken, and the amendo^ent rejected* 
Uu motion of Mr. Z. Casey, 

The committee rose, reported back the report with sundry amendments, 
aad asked the concurrence of the convention therein. 
On motion of Mr. Hogue, 

The report was laid on the table, and 250 copies ordered to be printed 
for the use of the convention. 

Mr. Caldwell moved that the convention adjourn until three o'clock, 

Ml. 

The question was taken, and decided in the negative. 

Mr. Adams moved to take up the report of the committee on the Ex- 
ecutive Department, as amended. 

The question was taken, and no quorum voted. 

Mr. Lockwood moved to suspend the rule to enable him to offer the 
following resolution: 

*' Hereafter a majority of the members of the convention shall consti- 
tute a quorum to do business.*' 

The question was taken, and decided in the negative. 

Mr. Adams withdrew the motion to take up the report. 
On motion of Mr. Wead. 

A call of the convention was ordered* 
On motion, 

The coQventioti adjourned* 



Digiti 



zed by Google 



22S JOURNAL OF THE CONVENTION. [August 3. 

TUESDAY, August 3, 1847. 

Convention assenribled pursuant to adjournment. 

TLe journal of yesterday was read. 

Mr. Grain, from the committee on Miscellaneous Subjects and Ques« 
tions, to which was referred the petition of William Morgan and others, 
on various subjects, reported the same back, and asked to be discharged 
from the further consideration thereof. 

The question was taken, and the committee discharged. 
On motion of Mr. Thomas, 

Tl^ report 6( the committee on Incorporations was taken from the 
table, and referred to the committee of the whole convention. 

According to order, the convention resolved itself into a committee of 
the whole, to consider the report of the committee on Incorporations — 
Mr. VVead in the chair. 

Mr. Davis of Montgomery moved to strike out the first section and in- 
cert in lieu thereof the following: 

^^No corporate body shall be hereafter created, renewed or extended 
within this state, with banking or discounting privileges." 

Mr. Deitz 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. Whiteside moved to amend the first section by striking out 
the word *^and," in the second line. 

The question was taken, and decided in the negative. 

Mr. Caldwell moved to amend the first section by adding thereto the 
words ''all such acts, whether general or special, shall be subject to alter* 
ation, amendment or repeal." 

Thejquestion was taken, and the amendment rejected. 

Mr. Scates moved to amend the same section by adding thereto the fol- 
lowing proviso: 

^^The members of all corporationsor associations, other than municipal, 
religious, scientific or charitable, shall be individually liable for the debts, 
liabilities and acts of such corporations or associations, and for the con- 
sequences resulting from such acts." 

The question was taken, and the amendment agreed to. 

Mr. Thomas moved to strike out the second section. 

Mr. Scates called for a division, so as to vote first on striking out the 
words 'individual liabilities of the corporators, or,*' in the second line. 

The question was tuken, and decided in the negative. 

Mr. Brocknmn moved to amend the second section by striking out the 
words ^'not possessing banking powers or privileges." 

The question was taken, and the amendment rejected. 

Mr. Churchill moved to amend the second section, by addingthereto tht 
words ^and such liabtli tie? shall be levied on their individual property in 
proportion io their several interests in said corporation." 

The question was taken, and the amendment rejected. 

The question recurred on striking out the second section; was taken, 
and decided in the negative. 



Digiti 



zed by Google - 



August^.] JOURNAL OP THE CONVENTION. 229 

Mr. Edsrards of Sangamon ofTered the following as an additional sec- 
tion* 

"Sbc. — * All the property belonging to the inhabitants of any muni- 
cipal corporation shall be liable to the payment of debts contracted under 
the authority of law»^* 

The question was taken , and the proposed section agreed to. 

Mr. McCallen moved to amend the third section by adding thereto 
the following: 

'^Unless the people sanction the power to create a state bank, at some 
general election to be provided by Inw.*' 

The question was taken, and decided in the negative. 

Mr. Kenner moved to amend the thiid section by striking out the 
three last words, and by inserting in lieu thereof the words, ^*to be here- 
after created either by general or special laws.'' 

The question was taken, and the amendment rejected. 

Mr. Harvey moved to amend the third section, by adding at the end 
the words •*to be hereafter created." 

The question was taken, and the amendment agreed to. 

Mr. Williams moved to strike out the third section and to insert in lieu 
thereof the words **no corporate body shall be hereafter created, renewed 
or extended within this state, with banking or discounting privileges.*^ 

Mr. Farwell moved to suspend the fifteen minute rui?. 

The question was taken, and decided in the negative. 

Mr. Harvey called for a divi>ion, socis to vote first on striking out. 

The question was taken, and decided in the negative. 

Mr. Uavis of Montgomery moved to amend the third section, by 
striking out the word **state." 

The question was taken, and decided in the negative. 

Mr. Armstrong moved to strike out the fourth section, and to insert in 
lieu thereof the words '•no corporate body shall hereafter be created, re- 
newed or extended, with banking or discounting privileges; nor shall the 
credit of the state be loaned diroctly or indirectly in any case." 

Mr. liohbins moved to amend the same section by striking out all after 
the word "unless," and to insert in lieu thereof the following: 

''The act granting the said powers or privileges nhalt be submitted to 
tho people for their approbation or rejection, at the next general election 
after the passage of the said act. And if the said act siiall be approved 
by a majority of the votes given at the said election, the same shall there- 
after become a law." 

Mr. Farwell moved to add the following to Mr. Hobbins' amendment 
asapiovi&o: 

^^Providedf that all persons voting for the adoption of this section 
Aall be responsible to the full extent of their property, both personal and 
real, for all the failures, miscarriages, or defalcations, of any and all the 
banks, hereafter to be created or established by virtue of this section.*' 

The question was taken, and the proviso rejected. 

Mr. Crain moved to add to the amendment offered by Mr. Robbins the 
following: 

**And should there ever at any time exist a bank charter of any k«*nd 
in this state by authority of law, and if said institution 2>hall at any time 

Digitized by VjOOQ IC 



•230 JOURNAL OF THE CONVENTION, lAugu$i3. 

neglect or refuse (o redeem any and all of her issues when presented for 
redemption, in gold or silver, without delay, at par value, then and in 
that case said charter or privilege shall be forfeited forever, and all the 
property of the stockholder^, both personal and real, shall be bound for the 
redenjption of all their circulation." 
On motion of Mr. Geddes, 

The commit'.ec rose, reported progress, and asked leave to sit again; 
which was granted. 
On motion, 

The convention adjourned until 3 o'clock, p. h. 

THREE oViiOCK, P. M. 

The convention met pursuant to adjournment. 
On motion of Mr. Grain, 

The report of the committee on Miscellaneous Subjects and Questions 
uas taken from the table, and referred to the committee of the whole 
convention. 

According to order, the convention resolved itself into a committee of 
the whole, again to consider the report of the committee on Incorpora- 
tions. 

The question pending when the committee rose this morning, was on 
the amendment proposed by Mr. Grain to the amendment offered by Mr, 
llobbins to tho fourth section. 

The question was taken, and decided in the negative. 

Mr. Scates called for a division, so as to vote first on striking out; when, 

Mr. Robbins withdrew his amendment. 

Mr. Armstrong moved to amend the fourth section by striking out all 
after t!ie word "incorporations.*' 

The question was taken, and the amendment rejected. 

Mr. Sherman moved to amend the same section further by striking 
out all after the word "granted," and to insert in lieu thereof the'following: 

"Except by general laws, whkh shall be in accordance with the fol- 
lowing provisions: 

"Ft>5/. No law eh.ill be passed sanctioning in any manner, directly 
or indirectly, the suspension of specie payments. 

^^Sccovd, Ample security in interest-paying stocks of the United 
States or of the states shall be deposited with the treasurer of state, for 
the redemption, in specie, of all the bills und notes put in circulation, and 
no slock shall be received in deposit, as aforesaid, but »uch as shall be at 
par value at the time of said deposit, and of such states as shall have reg- 
ularly and promptly paid their interest for li.e three years immediately 
preceding the deposit; and no bills or notes shall be put in circulation by 
any association but Fuch as are registered and countersigned by the treas* 
nrer of state, to any banking association; and the notes or bills so regis- 
tered and countersigned for any banking as:jOciation, shall not exceed in 
amount the stocks or bonds deposited by such association; Providf:d, thai 
the legislature may also authorize a deposit of the bonds of this state to 
he made in like manner, for a like redemption of such bills or noiesj^c 
amount and value of such bonds being determined by the rate of interest 

Digitized by VjOOQ IC 



August 2.] JOURNAL OF THE CONVENTION. 231 

which the stntc may, at the time of such rlcposite, pay on the same; and 
the amount of such deposiic shall he proportionate to the late per centum 
interest paid thereon. 

^'•TAird. The stockholders in every corporation and joint stock fissocia- 
tion for hanking purposes, issuing bank notes or any kind of paper cred- 
its recirculate 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 itsdel>ts 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 oi such bank or association. 

*^ Fifth. N^m-payment of specie shall be a forfeiture of all banking rights 
and privileges; and the legislature shall provide for the sale of said stocks 
dep>);iited, 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 tifty thousand dollars, nor greater than five hundred 
thousand dollars. 

•*Sbc. 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 punishmont of such felony in the pen- 
itentiary. 

^Sbc. 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 ihe constitution." 

Mr. Far well called for a division, so as to vote first on striking out: 

The qijf^stion was taken on striking out^ and decided in the affirmative. 

Mr. Uutler moved to amend the amendment by substituting therefor 
the followmg: 

*'And no corporate body shall be hereafter created, renewed or exten- 
ded within thissta.te with banking or discounting privileges; Provided^ihnt 
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 and 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. liobbins moved to amend the amendment by substituting therefor 
th^ following: 

'•Either by general or special acts of incorporation, unless the act gran- 
ling the said powers or privileges be submitted to the people at the next 
general election after the passage of the act, and if the said «ict shall he 
approved by a mnjority of all the votes given at the said election, the 
same shall thereafter become a law." 
The question was taken, and decided in the negative. 

Digitized by VjOOQ IC 



23i JOURNAL OF THE CONVENTION. [August 4. 

The question recurred on the Amendment offered by Mf. Sherihani 
tvas taken, and the amendment rejected. 

Mr. McCallen moved to strike out the fourth srction, as amended, and 
to insert in lieu thereof the words "there shall be a poll opened every 
four years, at the genera] 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 comniltee 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. Hoguc 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 liO branch or agency of any banking institution in the United 
Slates, or any state or territory, within or wUhout 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 amen J the fourth section, as amended, by ad- 
ding thereto the words ^'by the legislature, unless directed by the people of 
the state, a? hereinafter directed." 

The question was tnken, 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 t«to 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, August 4, 1847. 

The convention assembled pursuant to adjournment. 

The journal of yesterday was rcad^ 

The qncsiionpeiiding when the convention adjourned on yesterday, was 
upon concurring with the committee of the whole, in the amendments 
made to the report of the committee on Incorporations. 



Digit 



ized by Google 



August 4.] JOURNAL Ot tHfe COiNVENTlON. SS3 

Mr. Logan moved to amend the report of the committee of the whole 
by adding after the word ^ granted,*' in the fourth section, the following: 

^ Eicept by general laws, which shall he in accordance with the fol- 
iowiniX provisions: 

^*Firsi, No law shall be pa^s^d sanctioulng in any manner, directly or 
indirectly, the suspension of specie payments. 

*^SfCfnd. 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 all the bills and notes put in circulation, and no 
stock shall be received in deposit, as aforesaid, but such as shall be at par 
ralue at the time of said deposit, and of ^uch states as shall have regular* 
ly and promptly paid their interest for the three >ears immediately preced* 
ing 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 bankinfi; association; and the notes or bills so registered 
and countersigned for any banking association, shall not exceed in amount 
the stocks or bonds deposited by such association; Provided j 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 dctermmed by the rate of interest 
which the state may, for three years next before the lime of such deposit, 
pay on the same; and the amount of such deposite shall be proportionate 
to the mic per centum interest paid thereon. 

*^Tfiird, The stockholders in every corporation and joint stock associa- 
tion fur banking purposes, issuing banks notes or any kind of paper cred« 
its to circulate as mon^y, shall be individually res|fbnsible to the amount of 
their respective share or shares of stock in any such corporation or asso- 
ciation, for all its debts and liabilities ol every kind. 

^^Fourtlu In case of insolvency of any bank, or banking association, 
the bill holders shall be entitled to preference in payment over ail other 
creditors of such bank or association. 

"Fi/V//. Non-payment of specie shall be a forfeiture of all banking. 
right:( and privileges; and the legislature shall provide tor the sale of said 
stocks deposited, and apply the proceeds thereof to the redemption of 
the noies 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 
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 fifty thousand dollars, nor greater than five hun- 
dred thousand dollars. 

*| Sec 5. The embezzlement of the funds or property of any corpo- 
ration or joint stock association for banking purposes, bv 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 pon- 
itentiar^. • 

"Skc. 6. This article shall be separately 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 the constitution." 



Digiti 



zed by Google 



234 JOURNAL OF THE CONVENTION. lAugust 4. 

Mr. Logman moved to postpone the further consideration o( 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. 

The question was taken, by yeas and nays, 



And decided in the affirmative, Jat^*^*' 



TO 
C2 



Those voting in the affirmative, are, 



Mr. AkiD 
Allen 
Archer 
Armstrong 
Athertoo 
Blair 
Blakely 
Brockman 
Bond 

BosbyshflU 
Brown 
Bunsen 
Butler 
Grain 
Caldwell 

Campbell of McDonougb 
Carter 
F. S. Casey 
Z. Casey 
Choate 
Colby 

Cross of Woodford 
Cloud 
Dale 



Mr. Davis of Montgomery 


Mr. Markley 


Davis of Massac 


Moffett 


Dement 




Nichols 


Dunn 




Oliver 


Edmonson 




Pace 


Evey 




Kobinson 


Farwell 




Roman 


.Gregj; 




Rountree 


Hatch 




Scales 


Hayes 




Stadden 


Henderson 




Sharpe 


Hill 




Sim 


Hoes 




Simpson 


Hogue 




Smith of Gallatin 


James 




Shumway 


Kreider 




Thompson 


Kinney of St. 


Clair 


Tutt 


Kitchell 




Wead 


Lasater 




Webber 


Linley 




Williams 


McCully 




Wilt 


McClure 




Whiteside 


Manly 




" Worcester. 



Those voting in the negative, are, 



Mr. Adams 
Anderson 
Canady | 

Cross of Winnebago 
Church 
Churchill 
Davis of McLean 
Dawson 
Deitz 
Dufimer 
Dunlap 
Dunsmore 

Edwards of Madison 
Edwards of Sangamon 
Eccles 
Graham 
Geddes 

Green of Clay 
Green of Jo Daviess . 
Grimshaw 
Harlan 



Mr. Harper 
Harvev 
Hay " 
Heacock 
Holmes 
Hurlbut 
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 
Bobbins 
Swan 
Spencer 
Sherman 
Servant 
Sibley 

Smith of Macon 
Thomas 
Thornton 
TurnbuU 
Turner 
Tultle 
Vance 
West 
Whitney 
Woodson. 



Digiti 



zed by Google 



August 4.] JOURNAL OF THE CONVENTION. 



235 



Mr. Logan withdrew his amendment. 

Mr. Williams moved to amend the fourth section, as amended bj the 
committee of the whole, bj adding thereto the following: 

''The legislature shall prohibit, under adequate penalties, the circula- 
lion of all bank notes in this state, and making void all contracts founded 
upon 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 nayS| on the adoption of tlie 
amendment of Mr. Williams, 

JYeas, 90 

(Nays 41 



And decided in the affirmative. 



i^Those voting in the affirmative, are, 



Mr. Adams 
Akin 
Allen 
Archer 
ArmatroDg 
Brockman 
Bond 

Boabyshell 
Brown 
Bonsen 
Crain 
Canady 
Caldwell 

Campbetl of McDonough 
Carter 
P. 8. Casey 
Z. Casey 
Colby 

Cross of Winnebago 
Cross of ^ oodford 
Cload 
Churchill 

Davis of McLean 
Davis of Massac 
Deitz 
Dement 
Dummer 
Dunlap 
Dnnsmore 
Edwards of Madison 



Mr. Edwards of Sangamon 
Ecclcs 
Edmonson 
Farwell 
Graham 
. Geddes 
Green of Clay 
Gregg 
Grimshaw 
Hay 
Hayes 
Henderson 
ICoes 
Holmes 

Hurlbnt * 

James 
Judd 

Knapp of Jersey 
Knapp of Scott 
Kreider 
Kenner 

Kinney of Bureau 
Kinney of St. Clair 
Knox 
Lander 
Lasater 
Linley 
Logan 
Ijoudon 
Mc Cully 



Mr. McCIure 
Markley 

Marshall of Coles 
Miller 
Nortbcott 
Oliver 
Pace 

Pinckney 
Rivps 
Robinson 
Roman 
Scates 
sudden 
Swan 
Sherman 
Sim 

Simpson 

Smith of Gallatin 
Shu m way 
Thomas 
Thompson 
TurnbuU 
Turner 
Tultle 
Vance 
Wead 
Webber 
West 
Williams 
Whitney. 



Those voting in the negative, are, 



Mr. Anderson 
AthertoD 
Blair 
Blakely . 
Butler 
Choate 
Church 

Davis of Montgomery 
Dawson 
Dunn 
Kvey 

Green of Jo Daviess 
Harlan 
Harper 



Mr. Harvey 
Hatch 
Heacock 
Hill 
Hogne 
Kitchen 
Lockwood . 
McCallen 
Manly 
Mason 
Mieiire 
Moffett 
Nichols 
Palmer of Marshall 



Mr. 



Robbins 

Rountree 

Sbarpe 

Spencer 

Servant 

Sibley 

Smith of M^on 

Thornton 

Tutt 

Witt 

Whiteside 

Woodson 

Worcester. 



Digiti 



zed by Google 



a'66 



JOURNAL OP THE CONVENTION^ [Auguit 4, 



The question recurrrcd on the question of concurring ivith the com- 
mittee of the whole in the amendments made to the report. 

Mr. Caldwell called for a division, so as to vote separately oh toncur* 
ring in said amendments. 

The question was taken, bj yeas and najc, on concurring in the amend- 
ments to the first section, 



And decided in the negative, 



Mr. Akin 


Mr. Colby 


Allen 


Cross of Woodlbrd 


Arioher 


dloud 


Armstrong 


Farwell 


Athcrton 


Hayes 


Blair 


Henderson 


Brockman 


Hoes 


Bond 


James 


Bosbyshell 


Kreider 


Blown 


Kinney of St. Claii 


Bunsen 


KitcHeU 


Butler 


Lasater 


Grain 


Linley 


Caldwell 


McCully 


Campbell of McDonough McClure 


Carter 


Manly 
Markley 


F. S. Casey 


Zadok Casey 


Morris 


Those voting in the 


negative, are, 


Mr. Adams 


Mr. Gregg 


Anderson 


Grimshaw 


Blakely 


Harlan 


Canady 


Harper 


Choate 


Harvey 


Cross of Winnebago 


Hatch 


Church 


Hay 


Churchill 


Heacock 


Davis of Montgomery 


Hill 


Davis of McLean 


Hos^ue 


Dawson 


Holmes 


Deitz 


Hurlbut 


Dement 


Judd 


Dnmmer 


Knapp of Jersey 


Dunlap 


Knapp of Scott 


Dunn 


^ Kenner 


Dunsmore. 


Kinney of Bureaa 


Edwards of Madison 


Knox 


Edwards of Sangamon 


Lander 


Eccles 


Lemon 


Edmonson 


Lockwood 


Evey 


Logan 


Graham 


Loudon 


G<»ddes 


McCallen 


Green of Clay 


Marfihall of Coles 


Green of Jo Daviess 


Mason 



(Nays, . 


• • • 


53 


• . • • 


78 


ire, 


Mr. Nichols 




' Woodlbrd 
ion 


Oliver 
Pace 
Robinson 
Roman 
. Rountree 
Scates 
Stadden 
Sim 




of St. Clair . 

r 

B 

r 


Simpson 

Smith of Gallatin 

Sh urn way 

Thompson 

Tutt 

Wead 

West 

Whiteside. 





Mr. Mieare 
Miller 
Mofiett 
Northcott 

Palmer of Marshall 
Pinckney 
Rives 
Robbins 
Swan 
Spencer 
^ Sherman 
Servant 
Sibley 

Smithof Macon 
Thomas 
Thornton 
TurnbuU 
Turner 
• Tuttle 
Vance 
Webber 
Williams 
Witt 
Whitney 
Woodson 
Worcester. 



Digiti 



zed by Google 



August 4] JOURNAL OF tHfi CONVENTION. 



237 



The question was taken on concurring in the amendment made to the 
third section, and decided in the affirmative. 

The question was taken, by jeas and nays, on concurring with the com- 
mittee of the wliole on agreeing to the foliowing addithonal section: 

**Sec. — • All the property belonging lo the inhabitants of any muni- 
cipal corporation shall be liable to the payment of debts contracted under 
the authority of law.'* 



And decided in the 


negative. ■ 


Yeas, 47 

Nays, 83 


Those voting in the affirmativr, are^ 




Jfr. Akin 


Mr. Davis of Massac 


Mr. McCallen 


Allen 


Dement 


McCulIy 


Archer 


Edwards of Sangamon 


Markley 


Blakeiy 


Farwell 


Oliver 


Brockfflftii 


Green of Clay 


Pace 


Bond 


Harper 


Bobbins 


BosbysheU 


Hatch 


RobinaoD 


Bansen 


Hill 


Roman 


Crain 


Hogue 


Rountree 


Caldwell 


James 


Scates 


Carter 


Kreider 


Sim 


F. S. Casejr 


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, 




Mr. Adams 


Mr. Grimshaw 


Mr. Nichols 


Anderson 


Harlan 


Norlhcott 


Armatronr 


Harvey 


Palmer of Marshnll 


Alherlon 


Hay 


Pinckney 


Blair 


Hayes 


Rives 


Brown 


Heaeock 


Sharpe 


Butler 


Henderson 


Stadoen 


Canady 


Hoes 


Swan 


Campbell of McDonoueh Holmes 


Sherman 


Choate 


Hurlbut 


Servant 


Cross of WiDiMbngo 
Cross of Woodford 


Judd 


Sibley 


Knapp of Jevfey 


Simpson 


Church 


Knapp of Scott 


Smith of Macon 


Davis of Montgomery 


Keiiner 


Shumway 


Davis of McLeta 


Kitchen 


Thomas 


Dawson 


Knox 


Thornton 


D«itz 


Lander 


Turnbull 


Dummer 


Lemon 


Turner 


Duhlap 


Lockwood 


Tuttle 


Dunn 


Logan 


Vance 


Dunsfflore 


McClure 


Webber 


. Edwards of Madison 


Manlv 

Mart ball of Coles 


West 


Eccles 


Williams 


Edmonson 


Mason 


Witt 


Evey 
Graham 


Mieure 


Whiteside 


Miller 


Whitney 


Geddes 


Moffett 


Woodson 


Green of Jo Daviess 


Morria 


Worcester. 



Digiti 



zed by Google 



*i38 



JOURNAL OF THE CONVENTION. iJlugusC 4. 



The questioQ was taken, by yeas and nays, on concurring with the com- 
mittee of the whole iu the diucuameut made to the fourth section. 



I Xei 
And decided in the negative, J j^^ 



Yeas, 
ayd, 



47 



Those voting in the affirmative, are, 



Mr. Akin 
AUen 
Archer 
Armstrong 
Brockman 
Bond 

Bosbysbell 
Brown 
Bunsen 
Crain 
Caldwell 

Campbell of McDonoagh 
Carter 
F. S. Casey 
Z. Casey 
Cross of Woodford 



Mr. Davis 9f Massac 
Dement 
Dunsmore 
Farwell 
Geddes 

Green of Clay 
Gregg 
Hayes 
Henderson 
Hoes 
James 
Kreider 

Kinney of St. Clair 
tiasater 
Linley 
Loudon 



Those voting in the negative, are, 



Mr. Adams 
Anderson 
Atherton 
Blair 
Blakely 
Butler 
Caftady 
Choate 
Colby 

Cross of Winnebago 
Cloud 
Church 
Churchill 

Davis of Montgomery 
Davis of McX^ean 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunn 

Edwards of Madison 
Edwards of Sangamon 
Eccles 
Edmonson 
Evey 
Graham 

Green of Jo Daviess 
Grimshaw 
Harlan 



Mr. Harper 
Harvey 
Hatch 
Hay 

Heacock 
Hill 
HofiTue 
Holmes 
Hurlbttt 
jQdd 

Knapp of Jersey 
Knapp of Scott 
Kenner 

Kinney of Bureau 
Kitchell 
Knox 
Lander 
Lemon 
Lockwood 
Losran 
McCallen 
McCIure 
Manlj 

Marshall of Coles 
Mason 
Mieure 
Miller 
Moffett 
Morris 



Mr. McCuIly 
Mark ley 
Nichols 
Oliver 
Pace 
Robinson 
Roman 
Scates 
Stadden 
Sim 

Simpson 

Smith of Gallatin 
Thompson 
Wead 
Williams. 



Mr. Northcott 

Palmer of Mafshall 

Pinckney 

Rives 

Bobbins 

Rountree 

Sbarpej 

Swan 

Spencer 

Sherman 

Servant 

Sibley 

Smith of Macon 

Shumway 

Thomas 

Thornton 

TunibuU 

Turner 

Tutt 

Tttttle 

Vance 

Webber 

West 

Witt 

Whiteside 

Whitney 

Woodson 

Worcester. 



On motion. 
The convention adjourned until 3 o'clock, f. m. 



Digiti 



zed by Google 



August 4.] JOURNAL OP THE CONVENTION. 



239 



THRBE O CLOCK. P. X. 



The convention assembled pursuant to adjournment. 
On motion of Mr. Woodson, 

A cflll of the convention was ordered. 

When it appeared that the following members were absent, viz: 

Hesiirs. Akin, Anderson, Bailingall, Campbell of Jo Daviess, Carter, 
Constable, Dale, Dunsmore, Frick, Green of Tazewell, Gregg, Grimshaw, 
Harding, Hawlej, Hoes, Hgnsaker, Huston, Jackson, Jenkins, Jones, 
Judd, KnowUon, Laughlln, Linley, Lockwood, McHatton, Marshall of 
Mason, Mason, Mathenj, Mieurei Minshall, Moore, Norton, Palmer of 
Hacoupinf 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 penr^.ing when the convention adjourned this fore noon, was 
on concurring with the committee of the whole in striking out the 5th and 
6ih sections of the report of the committee on Incorporations; which 
was taken, by yeas and nays, 



And decided in the negative. 



iYeas, 
(Nays, 



56 
G9 



Those voting in the affirmative, are, 



Mr. Akin 
AUeo 
Archer 
Atberton 
Blair 
Blakely 
Brockman 
Bond 

BoribysheU 
Bansen 
Butler 
Grain 
CaldweU 
F. S. Casey 
Z. Case J 
Colby 

Da^is of Montgomery 
Davis of Massac 
Dement 



Mr. Dunlap 
Dunn 
Dunsmore 
Edmonson 
Evey 
Farwell 
Green of Clay 
. Harper 
Hayes 
Heacock 
Henderson 
Kreider ' 

Kinney of St. Clair 
Kitcbell 
Lasater 
Loudon 
McCallen 
McCulIy 
McClure 



Mr. Manl^ 
Markley 
Nichols 
Oliver 
Pace 
Pratt 
Robinson 
Roman 
Scates 
Stadden 
Sim 

Simpson 

Smith of Gallatia 
Thompson 
Wead 
Webber 
Winiams 
Worcester. 



Those voting in the negative, are, 



Air. Adams 
Anderson 
Armstrong 
Canady 

Campbell of McDoaouch 
Carter 
Cboate 
Croas of Winaebago 



Cross of Woodford 


Mr. Edwards of Madison 


Clottd 


Edwards of Saogamon 


Church 


Eccles 


ChurehiU 


Graham 


Davis of McLean 


Geddes 


Dawson 


Green of Jo Daviesf 


Deitz 


Grimshaw 


Dammar 


Harian 



Digiti 



zed by Google 



'i40 



JOURNAL OF THE CONVENTION. [August 4. 



Mr. Harvey 


Mr. Lockwood 


Hatch 


Logan 


Hay 


Marshall of Col«8 


Hill 


Mieure 


Hoeua 
Holmes 


Miller 


Moffett 


Hurlbttt 


Morris 


Jamef 


Nortbcolt 


Judd 


Palmer of Marshall 


Knapp of Jersey 


Pinckney 


Knapp of Scott 


Rives 


Kenner 


Bobbins 


Kioney of Bureaa 


Swan 


Knox 


Shields 


Lander 


Spencer 


Lemon 





Mr. Sherman 
Servant 
Sibley 

Smith of Macon 
Thomas " 
Thoniton 
TurubuU 
Turner 
Tutt 
luttle 
Vaifce 
Witt 

Whiteside 
Whitney 
Woodson. 



Mr. Dunlap moTed to amend the report of the committee on iDcorpo- 
rations by striking out all after the^third section, and by inserting in liea 
thereof the following: ^ 

^* No act of the legislature granting any special character of incorpo- 
ration for banking purposes, nor any general act of incorporation for such 
ptirposcs, shall be in force or of any eiiect unlera the same shall, at the next 
general election after its passage, be submitted to the people, nor unless 
a majority of those voting for and against it be cast in iavor of the act*^ 

Mr. Scates 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 tbe 
following: 

^* Provided^ that should there Be banks in this state, they shall be re- 
quired to red^m their notes at par in the cities of Alton and Chicago^ 
and a failure to do so shall work a forfeiture of their charter.'' 
On motion of Mr. McCallen, 



Mr. Adams 
Anderson 
Blair 

Bosbyshell 
Canady 
Caldwell 

Cross of Winnebaro 
Cloud 
Church 

Davis of Montgomery 
Davb of McLean 
Davit of Massac 
Dawson 
Deitz 
Dement 
Diimmer 
Dunlap 
Dunn 
Dunsmore 
Edwards of Ma4is<ni 



»n the table, |J«J';^ 


• • • 

• • • 


91 
40 


Srmative, are, 






Mr. Edwards of Sangamon 


Mr, Knapp of Jersey 




Ecclea 


Knapp of Scott 




Edmonson 


Kenner 




Evpy 


Kinney of Bureau 
Kitchetl 




Graham 




Geddes 


Knox 




Green of Clav 


Lander 




Green of Jo Daviess 


Lemon 




Grimshaw 


Lockwood 




Harlan 


Logman 




Harper 


Loudon 




Harvey 


McCallen 




Hatch 


McClure 




Hay 


Manly 

Marshall of Cokt 




Heacock 




Henderson 


Mason 




Hopie 
Holmes 


Mieure 




Miller 




Hurlbut 


Motfett 




Judd 


■^MoiTis 





Digiti 



zed by Google 



August 4.] JOURNAL OF THE CONVENTION. 



241 



Kr. Nichols 


Mr. Shermaa 


Mr. Tomer 


Northcott 


Servant 


Tutt 


PiOmer of Mtnhall 


Sibley 


Tuttle 


Pratt 


Sim 


Vance 


Pioekaty 


Simpson 


Webber 


Rives 


Smith of Gallatin 


West 


Robbins 


Smith of MaeoD 


WUliams 




Thomas 


Whitney 


Swtn 


Thornton 


Woodson 


ijpeDcor 


Turnbttll 


Worcester. 


Those who voted in 


the negative, are, 




3Cr. Akin 


Mr. Z. Casey 


Ur. Markley 


Allen 


Choate 


Oliver 


Archer 


Colby 


Pace 


ArnMtroDff 


Cross of Woodford 


Roman 


AthertoB 


Chnrehill 


Roantree 


Blakely 


Farwell 


Scates 


Broekman 


Haves 
Hill 


Stadden 


Bond 


Shields 


Bansen 


James 


Shumway 


BuUer 


Kreider 


Thompson 


Grain 


Kinneyof St CUir 


Wead 


Campbell of McDonough 


Lasater 


Witt 


Carter 


McCully 


Whiteside. 


F. a Cafey 







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 for a division^ so as to vote first on striking out. 

The question was then taken, by yeas and nays. 



And decided in the affirmative, )t^^^^ 
Those voting in the affirmative, are, 



72 
60 



>f r. Akin 
Allen 
Archer 
Armstronif 
Atherton 
Blair 
Blakely 
Broekman 
Bond 

Boflbyshell 
Brown 
Bonsen 
Butler 
Crain 
Caldwell 

Campbell of MeDonou^h 
Carter 
F. S. Casey 
Z. Casey 
Choato 
Colby 

Cross of Woodford 
Cloud 
ChmehOl 

16 



Mr. Davis of Montgomery 
Davis of Massac 
Dement 
Dunn 
Edmonson 
Evey 
Farwell 

Green of Jo Daviess 
Gregar 
Harvey 
Hatch 
Hayes 
Heacock 
Henderson 
HiU 
Hoes 
Hogue 
Jam<>s 
Kreider 

Kinney of St Chir 
La«ater 
London 
McCully 
McClttfe 



Mr. 



, Manly 
Markley 
Moffett 
Morris 
Nichols 
Oliver 
Pace 
Robinson 
Roman 
Roontree 
Scates 
Sharps 
Stadden 
Shields 
Sim 

Simpson 

Smith of Gallatia 
Shumway 
Tutt 
Vance 
Wead 
Webber 
Whiteside 
Whitney. 



Digiti 



zed by Google 



342 JOURNAL OF THE CONVENTION. [-^ir^t 4. 

Those voting in the negative, are. 



Mr. Adams 
Anderson 
Canady 

Cross of Winnebago 
Church 

Davis of McLean 
Dawson 
Deitz 
Dummer 
Dun lap 
Dunsmore 

Edwards of Madison 
£dwards of Sangamon 
Eccles 
Graham 
Geddes 
Greea of Clay 
Grimshaw 
Harlan 
Harper 



Mr. Hav 
Holmes 
Hurlbut 
Judd 

Knapp of Jersey 
Knapp of Scott 
Kenner 

Kinney of Bureau 
Kitcbell 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
McCallen 
MarsbaU of Coles 
Mason 
Mieure 
Miller 
Northcott 



Mr. Palmer of Marshall 
Pinckney 
Rives 
Robbins 
Swan 
Spencer 
Sberman 
Servant 
Sibley 

Smith of Macon 
Thomas 
Thornton 
TurnbuU 
Turner 
Tuttle 
West 
Williams 
Witt 
Woodson 
Worcester. 



The question was taken, by yeas and nays, on iaserting the words ^^ at 
such election vote," 



Mr. Akin 
Allen « 
Archer 
Armstrong 
Atherton 
Blair 
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 

Davis of Montgomery 
Davi^ of Massac 
Dement 
Dun lap 
Dunn 
Eccles 
Edmonson 



Rrmnfiir** 5 ^CaS, 


92 


firmative, jj^^^^^ 


40 


Brmative, are, 




Mr. Evey 


Mr. Morris 


Farwell 


Nichols 


Graham 


Oliver 


Green of Clay 
Green of Jo Daviess 


Pace 


Palmer of Manhall 


Gregg 


Robbins 


Grimshaw 


Robinson 


Harvev 


Roman 


Hatch 


Rountree 


Hayes 


Scales 


Heacock 


Sbarpe 
Stadden 


Henderson 


Hill 


Shields 


Hoes 


Sherman 


Hogue 


Sim 


Knapp of Scott 


Simpson 


Kreider 


Smith of Gallathi 


Kinney of St. Clair 


Shumway 


Kitcbell 


Thornton 


Knox 


Tult 


Lasater 


Vance 


Lockwood 


Wead 


Logan 


Webber 


Loudon 


West 


McCallen 


Williams 


McCully 


Witt 


McClura 


Whiteside 


ManW 
Marldey 


Whitney 


Woodson 


Mason 


Worcester. 


Moffett 





Digiti 



zed by Google 



August 4] JOURNAL OP THE CONVENTION. 
Those voting in the negative, are, 



243 



if r. Adamf 
Anderson 
Canadjr i 

Cross of Winnebag« 
Church 

Davis of McLean 
Dawson 
DeitE 
Dummer 
Dansmore 

Edwards of Madison 
Edwards of Sangamon 
Geddet 
Harlan 



Ml, Harper 
Hav 
Holmes 
Hurl but 
James 
Judd 

Kaapp of Jersey 
Kenner 

Kinney of Bureau 
Lander 
Lemon 

Marshall of Coles 
Mieure 



Mr. Miller 
Northcott 
Pinckney 
RivesJ 
Swan 
Spencer 
Servant ^ 

Sibley 

Smith of Macon 
Thomas i^ 
TurnbuU 
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 the amend- 
ment, as amended, 



And decided in the 


negative, JJ«^-; 


66 
66 


Those voting in the affirmative, are. 




Mr. Archer 


Mr. Green of Clay 

Green of Jo Daviess 


Mr. Moffett 


Armstrong 


Morris 


Atherton 


Gregg 


Nichols 


Blair 


Grimsbaw 


Palmer of Marshall 


Blakely 


Harlan 


Robbins 


Brown 


Harper 


Robinson 


Canady 

Campbell of McDonongh 


Harvey 


Rountrea 


Hatch 


Shields 


Choate 


Hay 


Spencer 
Simpson 


S?^^? 


Hayes 


Cloud 


Heacock 


Smith of Macon 


Churchill 


Henderson 


Shumway 
Thornton 


Davis of Montgomery 


HiU 


Dawson 


Hogue 


Tutt 


Dement 


Knapp of Scott 
Kitchen 


Vance 


Dunlap 


Webber 


Dunn 


Knox 


WiUiams 


Edwards of Sangamon 


Loudon 


Witt 


Eccles 


McCallen 


Whiteside 


Edmonson 


McClure 


Whitney 


Evey 
Graham 


Manly 


Woodson 


Mason 


Worcester. 


Those voting in the negative, are, 


1 


Mr. Adams 


Mr.JButlar 


Mr. Church 


Akin 


Crain 


Davis of McLean 


Allen 


Caldwell 


Davis of MawMC 


Anderson 


Carter 


Deitz 


Brockman 


F.aCasey 


Dummer 


Bond 


Z. Casev 


Duntmore 


Bosbysbell 
Bunson 


Cross of Winnebagn 
Croii of Woodfort 


Sdwaidi of MadiM>D 
Farwell 



Digiti 



zed by Google 



Lockwood 


Mr. Sbarpe 
Stadden 


Lo((an 


McCullj 


Swao 


Mirkley 
Marshall of Colet 


Sherman 


Servant 


Mlanra 


SiblejT 


Miller 


Sim 


Noitheott 


Smith of OallatiB 


Oliver 


Thomas i 


Pace 


TNirobua 


Pinckney 


Tomer 


Rives 


ItttUe 


Roman 


Wead 


Scales 


Wert. 



214 JOURNAL OP THE CONVENTION. ytugud 4. 

Mr. Geddes BIr. 

Hoes 
Holmes 
Harlbot 
James 
Jndd 

Knapp of Jersey 
Krelder 
Keoner 

Kinney of Bureau 
Kinney of St Clair 
Lander 
Lasater 
Lemon 

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 I. 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. 2. Tho supreme court shall consist of 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. 

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 of 
one in nine years, to be decided by lot, that one of said iudges shall be 
elected once in every three years, the judge having Ihe longest term to 
serve shall be the first chief justice, after which the judge having the old- 
est commission shall be chief justice. 

iSbc 5. The supreme court may have original jurisdiction in cases re- 
lative to the revenue, in cases of maruUunus^ habeas corpusj and in such 
cases of impeachment as may he by law directed to be tried before it; 
and shall have appellate jurisdiction in all other cases. 

Sbc. 6. 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* 
era! assembly shall by law direct; Pnmidedj however^ that the general as- 
sembly may, after the year eighteen hundred and fifty, direct by law that 
the said court shall be held at one place only. 



Digiti 



zed by Google 



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 ejectors 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. 

Sbc. 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 ail inferior courts. 

Sec. 9. All vacancies in the supreme and circuit courts shall be filled 
by election as aforesaid; Provided, however^ that if the unexpired term 
does not exceed one year, such vacancy may be filled by executive ap^ 
pointment. 

Sec 10. The judges of the supreme court shall receive a ssilary of 
twelve hundred dollars per annum, payable quarterly, and no more. The 
judges 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. 

Sbc. 11. 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 ?hall \ye 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. And no person shall be eligible to the office of judge 
of the circuit court until he shall have attained the age of thirty years. 

Sbc. 12. Any judoje 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 co*urt to be called a county 
court. 

Sbc. 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 succcs* 
sor is elected and qualified. 

Sbc. 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. i6« 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 



Digiti 



zed by Google 



446 - JOURNAL OP THE CONVENTION. lAugusl 4. 

the county courts who shall be ex officio recorder^ whose compensation 
sliall be fees. 

Sec. is. The general assemblj 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 bold his office for the term of four years, 
and until his successor shall be commissioned and qualified. lie 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 thb 
state, by the qualified electors thereof, one prosecuting attorneyi 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 ofiice for the term of foor 
years* and until his successor shall be commissioned and qualified, v/ho 
shall perform such duties and i5eceive 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 suprenrM3 court. 
On motion of Mr. Edwards of Maaison, 

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 a continued suspension, 

Mr. Dement, from a minority of the same select committee of twenty- 
even, submitted the following report: 
s 

ARTICLE — . 

Section 1. The judicial power of the state shall be vested in one su- 
preme court, in circuit courts, and such injjerior 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^ qiu) wtrranto, informations in the nature of 
writs of quo warranto^ 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 l»ft not less tSan 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 dec- 



Digiti 



zed by Google 



JtugusiA.-] JOURNAL OF THE CONVENTION. 247 

ted bj the qaalified electors of the statc^ one of whom shall be elected 
from and reside in each district. The first election shall be held on the 
iirst 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. 

Sbc 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 
Dame 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 shall 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. 

Sbc. 6. One term of the supreme court shall be held annually in each 
judicial circuit, at such time and place as shall be provided. 

Sbc. 7. There shall be nine judicial circuits, which may be increased 
from time to time as the legislature may provide. 

Sbc. 8. The first election for justices of the supreme court, and on 
the first Monday of Mairch, 1855, and on the first Mondtny 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*- 
9cd 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. 

Sbc« 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 otiice 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 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^ also^ 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. 

Sbc 12. The governor shall commission the justices and judges for the 
term as provided in this article. 



Digiti 



zed by Google 



248 JOURNAL OP THE CONVENTION- [Jugust 4. 

Sac. 13* Two or more terms of the circuit court shall be held annually 
in each county. 

Sbc. 14. At th« 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; wiiose 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. 

Src. 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. 
ncy 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, and whose duties 
shall be prescribed by law. 

Sfc. 18. At the first election forjudge 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 oflicc for two years, and receive 
an annual salary of tw0 hundred dollars, payable quarterly, and whose 
duties shal! be prescribed law. 

Sec. 19. All process, writs and other proceedings shall issue in the 
name of ^Uhe 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 sanne.'' 

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. Minshall, one of the minority of said select com- 
mittee, submitted the following: 

ARTICLE — . 

1. The supremo 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 ir. 

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 cf the 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 



Digiti 



zed by Google 



Augmi 4] JOURNAL OP THE CONVENWON. 24Q 

duties of circait judges, bat the two courts shall forever hereafter be kept 
separate and distinct departments in the judiciary of this state. 

3. The qualitied 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 be holden in each 
couDty of the judicial circuits at least two ternis of the circuit court an*^ 
Dually y 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- 
fied electors of such divisions shall elect from each of said divisions one 
of the justices of the supreme court, who when elected shall be commis- 
sioned by the governor, and hold his office for the term of eight years, 
and until his s jccessor 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 
which purpose, the justices of the supreme court may divide the state 
into two divisions, as nearly equal as may be^ within which divisions any 
two of the supreme judges may hold said term of the supreme court in 
the 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 seal 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 
between the judges in matters of law, arising on the trial of causes in the 
supreme court in the judicial circuits, and all such matters of law and 
equity as may be required of them by the general assembly. 

7. At the first election of the supreme judges under this constitution, 

the judges shall their term of office by lot, in manner following: the 

secretary of state shall deposite in a box, to be provided for that purpose, 
four 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 
on the other the words ^^eight years." And the judges shall proceed in the 
presence of the secretary to draw separately the tickets so deposited. 
The judge who draws the ticket whereon is written the words *Hwo years," 
shall hold his office for the term of two years. The judge who draws the 
ticket whereon is written the words ^<four years," shall hold his office for 
the term of four years. The judge who draws the ticket whereon is 
written the words <<six years," sha4 hold his office for the term of six 
years. And the judge who draws the ticket whereon is written the 
words ^'eight years," shall hold his office for the term of eight years, and 
shall be (he chief justice. Thereafter an election shall beholden every 
two years in such district in which a vacancy shall occur by the expira* 
tion of the respective terms of the judges on the first Monday in March, 
for one justice of the supreme court, who shall hoi J his office for the term 
of eight years, and until his successor shall be elected and qualified. After 
the term of the first chief justice expires, the judge oldest in commission 
shall be the chief justice. 

8. 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 judi- 



Digiti 



zed by'GoOgle 



350 JOURNAL OF THE CONVENTION* [August 5. 

cial office in a court ofrecord, during the time for which he may have 
been elected or appointed. Nor shnll any judge of the supreme or circuit 
court be eligible to any other than a judicial office during the time for 
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 was dispensed with* 
On motion of Mr. Dawson, 

The report was laid on the table, and 2oi> copies ordered to be printed 
for the use of the convention, with the majority and minority reports. 
On motion of Mr. Dawson, 

Leave of absence was granted to Mr. Minshall for ten days. 
^ Mr. 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. <'4'?"T^ 



THURSDAY, August 5, 1847. 

The convention met pursuant to adjournnfient. 

The journal of yesterday was read. 
On motion of M r. 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, 



(Yeas 
And decided in the negative, <^ ' ' 

Those voting in the affirmative, are, 



61 
70 



Mr Allen Mr. Colby Mr. Edmonson 

Archer Cross of Woodford Evey 

Armstrong Cloud Graham 

Atherton Churchill Geddes 

Blair Davis of Montgomery Green of Clay 

Blakelf Dement Green of Jo Daviess 

Boabyshell Dunlap Grefg 

Bunsen Dunn Harlan 

CampbeU of McDonoagh Edwards of MadUon Harvey 

Choate Eccles Hatch 



Digiti 



zed by Google 



August 5.] JOURNAL OF THE CONVENTION* 



351 



Mr. Hayes 
Hendenon 
Hill 
Hogue 

Kinney of St. Cl&ir 
Kitcbell 
Lemon 
Linley 
Loudon 
McClure 
Manly 



Those voting in the negative, are, 



Mr. Miller 


Mr. Sbarpe 


Moffett 


Shields 


Morris 


Simpson 


Nich«U 


Shumway 


Northcott 


Tbornton 


Pace 


Tutt 


Pratt 


Webber 


Robbins 


Witt 


Robinson 


Woodson 


Roman 


Worcester. 



Mr. Adams 
Akin 
Anderson 
Brockman 
Butler 
Grain 
Caldwell 
Carter 
F. S. Casey 
Z. Casey 

Cross of Winnebago 
Church 

Davis of McLean 
Davis of Massac 
Dawson 
Deitz 
Dummer 
Dansmore 

Edwards of Sangamon 
Farwell 
Grimshaw 
Harper 
Hay 



Mr. Heacock 

Holmes 

Hurlbat 

James 

Judd 

Knapp of Jersey 

Koapp of Scott 

Kreider 

Kenner 

Kinney of Bureau 

Knox 

Lander 

Lasater 

Lockwood 

Logan 

McCallen 

McCully 

Markler 

Marshall ot Coles 

Mason 

Mieure 

Oliver 

Palmer of Marshall 



Mr. Pinckney 
Rives 
Rountree 
Scates 
Stadden 
Swan 
Spencer 
Snerman 
Servant 
Sibley 
Sim 

Smith of Oallatin 
Smith of Macon 
Thomas 
Thompson 
TumbuU 
Turner 
Tottle 
Vance 
Vernor 
West 
Williams 
Whiteside 



Whitney. 

Mr. Logan moved to amen J the report of the committee on Incor- 
porations, by adding thereto the following: 

Sec. 4. No corporation for baniiing purposes shall be'' permitted to 
issue bank notes to an amount exceeding three-fourtbs 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 suth 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 percent. 

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. 

Sec. 9. A'on-payment of specie shall in all cases be a forfeiture of the 
charter, and the legislature shall have no power to remit said forfeiture. 



Digiti 



zed by Google 



352 



JOURNAL OF THE CONVENTION. [Augusi 5. 



Sbc. 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 M^ 
lowing: 

**Sec. — . No act of the general assembly authorizing corporations or 
associations with hanking powers, in pursuance of the foregoing provitions, 
shall go into etTect, 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 ,y^*^' .... ^ 

Those voting in the aflSrmaiive, are, 

Mr. Anderson 
Canady 

Cross of Winnebago 
Davis of McLean 
Dawson 
Deitz 
Dummer 
DunsDore 

Edwards of Madison 
Edwards of Sangamon 
Graham 
Geddes 
Harper 
Hay 
Holmes 
Hurlbut 



Mr. Akin 
Allen 
Archer 
Armstrong 
Atherton 
Blair 
Blakely 
Brockman 
Bosbyshell 
Brown 
Bunsen 
Butler 
Grain 
Caldwell 

Campbell of McDonough 
Carter 
F. S. Casey 
Z. Casey 
Choate 
Colby 

Cross of Woodford 
Cloud 



Mr. Judd 


Mr. Rives 


Knapp of Jersey 


Swan 


Kenner 


Spencer 


Kinney of Bureau 


Servant 


Knox 


Siblev 

Smith of Macon 


Lander 


I^emon 


Thomas 


Lockwood 


TumbuU 


Logan 


Turner 


Marshall of Coles 


Tuttle 


Mason 


West 


Mieure 


Williams 


Miller 


Whitney 


Northcott 


Woodson 


Pinckney 


Worcester. 


egative, are, 




Church 


Hogue 


Churchill 


James 


Davis of Montgomery 


Kuapp of Scott 


Davis of Massac 


Kreider 


Dement 


Kinney of St. Clair 


Dunlap 


Kitchen 


Dunn 


Lasater 


Eccles 


Linley 


Edmonson 


Louden 


Evey 


McCallen 


Farwell 


McCully 


Green of Clay 
Green of Jo Daviess 


McClure 


Manly 
Markiey 


Gregg 


Grimshaw 


Moffett 


Harlan 


Morris 


Harvey 


Nichols 


Hatch 


Oliver 


Hayes 


Pace 


Heacock 


Palmer of Macoupin 


Henderson 


Palmer of Marshall 


Hill 


Pratt 



Digiti 



zed by Google 



r. Shields 


Mr. Thoraton 


Sherman 


Tutt 


Sim 


Vance 


SimpsoD 


Webher 


Smith of GiUatin 


Witt 


Shnmway 


Whitaaidt. 


Thompson 





AugusiS.] JOURNAL OP THE CONVENTION. 253 

Mr. bobbins 
Kobinfon 
Roman 
Boontree 
Scates 
Sbarpe 
Staddcn 

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- 
(KMed by Mr. Gregg. 

Mr. Woodson 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 
the Bill or Right", submitted the following report: 

1* All men are by nature free and independent, and have certain natu- 
ral and inalienable rights; among which, are those of enjoying and defen- 
ding life, liberty and reputation, acquiring, possessing and protecting pro- 
perty, and of pursuing and obtaining safety and happiness. 

2. All political power is inherent in the people, and government is in- 
stituted for the protection, security and benefit of the people, and they 
have the right at all times to alter or reform the same, whenever the pub- 
lic good may 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 
coDscience; nor under any pretence whatever be compelled to attend 
aoy 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, orfor the main- 
lenance of any ministeror 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 religiaus 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 seised. 

7. The right of trial by jury shall remain inviolate. 

8. The legislature shall not pass any ex post facto law, or law impair- 
iog the obligation of contracts, or deprivinff a party of any remedy for 
wordng a contract which existed when thecoDttitotion was made* 



Digiti 



zed by Google 



254 JOURNAL OF THE CONVENTION. [August 5. 

9. That in all criminal prosecutions the accused hath a right to be 
heard hy 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 trial by an im- 
partial jury of the county or district, wherein the offence shall have been 
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 of 
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 ^r'lt of habeas corpus shall not be suspended 
unless in cases of rebellion or invasion, the public safety may require 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 with- 
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, or 
in adhering to its enemies, giving them aid and comfort. No person shall 
be convicted of treason unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

1(5. Excessive bail shall not be required , excessive fines shall not be 
imposed, and cruel and unreasonable punishments shall not be inflicted. 

17. Private property shall not betaken for public use without just 
compensation, the value and amount to be assessed and determined in 
such manner as shall be prescribed by law. 

IS. No person ^hall beimprisoned for debt in any action, or on any 
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 manner 
as shall be prescribed by lew. 

19. No person shall be transported out of the state for any offence 
committed withifk the same. 

20. The people have the right freely to assemble together, to consult 
for the common good, to make known their opinions to their representa- 
tives, and to petition for redress of grievances. 

21. There shall be neither slavery nor involuntary servitude in this 
state, only as a punishment for crime, whereof the party shall have been 
duly convicted. 

32. All elections in this state shall be free and equal to every person ' 
whom this constitution shall declare to be entitled to exercise the elec- 
tive franchise. 

23. No law shall be passed granting any divorce otherwise than by due 
judicial proceedings. 



Digiti 



zed by Google 



August 5.3 JOURNAL OP THE CONVENTION. 255 

34. No freeman shall be imprisoned or disseized of his freehold, liber- 
ties or privileges, or outlawed or exiled, or in any manner be deprived 
of his life, libertj' or properly but by the judgment of his peers, or the 
law of the land. 

25. No person bound to labor in any other state, shall be hired to labor 
in this state. 

36. No bill of attainder shall be passed. 

27. The legislature shall at its hrst session under the amended consti- 
tution, pass such laws as will effectually prohibit free persons of color 
fix)nn emigrating to, and settling in this state; and to eSectually prevent 
the owners of slaves, or any other person, from the introduction of slaves 
into this state for the purpose of setting them free. 

2S. Any person who shall, after the adoption of this constitution, fight 
a duel, or send or accepU a challenge for that purpose, or be aider or 
abetter 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 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 with, and 
On motion of Mr. Thomas, 

The report was laid on the table, and 250 copies ordered to be printed 
for the use of the convention. 
On motion. 

The convention adjourned until3oVlock,p. u* 

THREE o'clock, P. V. 

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. 

k Mr. Dei^ent modified the amendment offered by him this morning by 
inserting the following as section 11: 

*^Sec. II. The stockholders in every corporation and joint stock as- 
sociation 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." 

The question was then taken, by yeas and nays/ on amending the 
amendment as proposed by Mr. Woodson, 

And decided in the affirmative, JJJjyJ^ • ; [ \ ^ 

Those voting in the affirmative, are, 

Mr. Adams Mr. Brown Mr..Orosf of WiiiDtbaf 

Aodenon Canadj Cborch 

Armstrong ' Colby Clinrehitt 

Blakely Cooitsibln " Davis of McLmh 



Digiti 



zed by Google 



i56 



JOURNAL OF THE CONVENTION. lAugml 5. 



Mr. Dawson 


Mr. Judd 


Mr. Bobbins 


Deitz 


Knapp of Jersey 


Swan 


Dummer 


Knapp of Scott 


Shields 


Danlap 


Kenner 


Spencer 
Sherman 


Dunn 


Kinney of Bureau 


Dunsmore 


Kitchen 


Servant 


Edwards of Madison 


Knoivlton 


Sibley 


Edwards of Sa&gamoB 


Knox 


Singleton 


Eccles 


Lander 


Smith of Macon 


Edmonson 


Lemon 


Thomas 


Evey 
Graham 


Lockwood 


Thornton 


Logan 


TumbttU 


Geddes 


Loudon 


Tarner 


Green of Clay 


Marshall of Coles 


Tuttle 


Grimshaw 


Mason 


Vance 


Harlan 


Mieure 


Webber 


Harper 


Miller 


West 


Harvey 


Moffett 


Williams 


Hay 


Northcott • 


Witt 


Heacoek 


Palmer of Marshall 


Whitney 


Hill 


Peters 


Woodson 


Hogae 


Pinckney 


Worcester. 


Hurlbut 


Rives 




Those voting in tha negative, are, 




Mr. Akin 


Mr. Davis^of Montgomery 


Mr. Markley 


Allen 


Davis of Massac 


Morris 


Archer 


Dement 


Nichols 


Atherton 


Farwell 


Oliver 


Blair 


Oreen of Jo Daviess 


Pace 


Brockman 
Bond 


Gregg 
Hatch 


Palmer of Macoupi 
Pratt 


Bosbyshell 


Hayes 


Robinson 


Bunsen 


Henderson 


Roman 


Butler 


Hoes 


Roan tree 


Grain 


James 


Scates 


Caldwell 


Kreider 


Sharpe 
Stadden 


Campbell of MeDonough 


Kinney of St Clair 


Carter 


Lasater 


Sim 


F. S. Casey 


Linley 


Simpson 


Z. Casey 


McCallen 


Smith of GalUtia 


Choate 


McCuIly 


Shumway 


Cross of Woodford 


McClure 


Thompson 


Cloud 


Manly 


Whiteside. 



Mr. Hayes moved to amend the amendment bjr 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 votfng 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 jconstitution/' 

On motion of Mr. Adams, 
The previous question was ordered. 

Tha question was taken, by yeas and nays, on amending the amend- 
ment, by adding the proposed additional section, 

(Yeas, • • • 61 

( Nays, • . . 76 



And decided in the negative, 



Digiti 



zed by Google 



Augiut 5.3 



JOURNAL OF THE CONVENTION. 



357 



Those voting in the affirmativey arOt 



Mr. Akin 
AUeo 
Archer 
Annstrong 
Athertoa 
Bltir 

Broekmaa 
Bosbjrtbell 
Brown 
BanMB 
BuUer 
Crtin' 
Caldwell 

Cunpbell of McDoDongb 
Cirtar 
F. & Cisey 
Z. Casey 
Colby 
Coodtable 

CroM of yi oodfofd 
Cloud 



Mr. Dmris of MootgooMry 
DaTia of Masaac 
BeoMiit 
Farwell 
Green of Jo Davieaa 

Hay?a 

HeDderK»n 

Hill 

Ifoea 

Hogue 

Jamea 

Kieider 

Kinney of Ctt. aair 



Oliver 

Pace 

Palmer of Macoaptn 

Frail 

Robinaon 

Beman 

ItoQDtree 

Scatei 

Btadden 

flbielda 

Sim 



liinley 

McCuUy 

Markley 

Moffelt 

Monia 

Nicholi 



Bitn of GallatiA 
Tbompeon 
Tiitt 
Wcat 
WUIiams 
Witt 

Wbitealde 
Worcester. 



Those voting in the negative, are, 



Mr. Adams 
Anderson 
Blakely 
Canady 
Cboate 

Croas of Winnebago 
Church 
Chorchill 
Davis of McLean 
Bawaon 
Deitz 
Bammer 
Dnnlap 
Dunn 
Bunsmore 

Edwards of Madison 
Edwards of Sangamon 
Ecclcs 
Edmonson 
Evey 
Grabam 
Geddea 

Green of Clay 
Grimsbnw 
HarUa 
Harper 



Mr. Harvey 
Hatch 
Hay 

Heacock 
Holmes 
Hurlbttt 
Jndd 

Knapp of Jersey 
Knapp of Scott 
Kenner 

Kinney of Bniean 
Kitchell 
KnowUon 
Knox 
Lander . 
Lemon 
Lockwood 
Logan 
Loudon 
MeCailen 
McClure 
Manly 

MarshaU ef Colea 
Maaon 
Mieure 



Mr. Miller 
KerthcoU 
Palmer «f MarshaU 
Peters 

Pinckney 

Rivea 

Robbina 

Sbarpe 

Swan 

Spencer 

Sherman 

Servadit 

Sibley 

Singleton 

Smith of Maeon 

Shu m way 

Thomas ^ 

Thornton 

Tumboll 

Turner 

Tattle 

Vance 

Webber 

Whitney 

Woodson. 



Mr. Dement called for a divirion, bo asto vote first on inserting the I2th 
section; which was agreed to bj the convention. 

The question was taken, by jeas and najrs, on inserting the 13th 
aectvin, 

And decided in the affirmative, jjjay? \ \ . ! .* I '^ 

17 



Digiti 



zed by Google 



25S JOURNAL OF THE CONVENTION. [Avgutt 5. 

Thoac voting in the affirmative, are. 



'. Acams 


Mr. Geddes 


Mr. Morris 


Akin 


Green of Clgr 
Green of Jo Daviesf 


Nichols 


AlUn 


Northcott - 


AndersoD 


Gregg 


Oliver 


Archer 


Grimshaw 


Pace 


ArmstroDg 


Harlan 


Palmer of Macoupin 


Atherton 


Harper 


Palmer of Mnnhall 


Blakely 


Harvey 


Pratt 


Brock man 


Hatch 


Peters 


Bosbyshell 


Hay 


Pinckney 


Brown 


Hayes 


Rives 


BonaeD 


Heacock 


Robbinc 


CraiD 


Henderson 


Robinson 


Canady 


Hill 


Roman 


Caldwell 


Hoes 


Rountree 


Campbell of McDoDOUgh 


Hogiie 


Scates 


Carter 


Hnrlbat 


Sharpe 
Stadden 


F. S. Catej 


Jndd 


Z. Casey 


Knapp of Jersey 


Swan 


Cboate 


Knapp of Scott 


Shields 


Colby 


Kreider 


Spencer 
Snerman 


Constable 


Kenner 


Cross of Winnebago 


Kinney of Bureaa 


Servant 


Clottd 


Kinney of 1st. Clair 


Sibley 


Charch 


Kitchen 


Sim 


Churchill 


Kuowlton 


Simpson 


Davis of Montgomery 


Knox 


Smith of Gallatin 


Davit of McLean 


Lander 


Smith of MacoA 


Davis of Massac 


Lasater 


Shnnway 


Dawson 


Lemon 


Thomao 


Delta 


Linley 


Thompson 


Dement 


Logan 


Thornton 


Bummer 


Loudon 


Turner 


Dmilap 


McCallen 


Tutt 


Dunn 


McCuliy 


Tttttle 


Dunsmoie 


McClure 


Webber 


Edwards of Madison 


Manly 


West 


Edwards of SanganOB 


Markler 
Marshall ol Coles 


Williams 


Eccles 


Witt 


EdmonaoD 


Mason 


Whiteside 


Evey 


Mieure 


Whitney 


Farwell 


Miller 


Woodson 


Graham 


Moffett 


Worcester. 


Those voting in the negative, are, 




r. Blair 


Mr. Holmes 


Mr. Singleton 


Butler 


James 


TombuU 


Cross of Woodford 


Lockwood 


Vance. 



Mr. Palmer of Macoupin called for a divisiont so as to vote first on in- 
serting the |1 1th section of the amendment; which was agreed to by the 
convention. 

The question vras then taken^ by yeas and nays, on inserting the 11th 
section of the amendment, 

A»d decided in the affirmative^ j j^™' . - . . 



Digiti 



zed by Google 



August 5.] JOURNAL OF THE CONVENTION. 



25U 



Those voting in the affirmative, are. 



Mr. Adams 
Akin 
Alien 
Andersoa 
Archer 
Armstroni^ 
AthertoD 
Blair 
Blakely 
Brockman 
Bosbyshell 
Brown 
Bunsen 
Butler 
Grain 

Campbell of McDonough 
Carter 
F. S. Casey 
Z. Casey 
Choate 
Colby 
Constable 
Cross of Woodford 
Cloud 
Chorch 
Charchill 

Dayis of Montgomery 
BaTis^of Massac 
Beitz 
Dement 
Daniap 
Dunn 
Dunsmore 
£dmonson 
Evey 
FarweSl 



Mr. 



Graham 


Mr. Pace 


Graen of Jo Dafiess 


Palmer of Maeoapin 


Gregg 


Pratt 


Grimshaw 


Peters 


Harlan 


Pinckney 


Harper 


Rives 


Harvey 


Bobbins 


Hatch 


Robinson 


Hayes 


Roman 


Hearork 


Rountree 


Henderson 


Scates 


Hill 


Sharpe 


Hoes 


Staddea 


Hogue 


Shields 


Knapp of Scott 
Kreider 


Spencer 
Sherman 


Kenner 


Sibley 


Kinney of St. Clair 


Sim 


KitcheU 


Simpson 


Knox 


Smith of Gallatia 


Lasater 


Smith of Macon 


Linley 


Shumway 


Loudon 


Thomas 


McCallen] 


Thompson 


McCuUy 


Thornton 


McCIure 


Turner 


Manly 
Marklev 
Marshall of Coles 


Tutt 


Tuttie 


Webber . 


Mieure 


We«t • 


Miller 


Witt 


Moffett 


Whiteside 


Morris 


Whitney 


Nichols 


' Woodson 


Oliver 


Worcester. 



Those voting in the negative, are, 



Mr. Canady 

Cross of Winnebago 

Davis of McLean 

Dawson 

Dummer 

Edwards of Madison 

Edwards of Sangamon 

Eccles 

Geddee 

Hay 



Mr. 



Holmes 


Mr. Logan 


Hurlbnt 


Mason 


James 


Northcott 


Judd 


Palmer of Marshall 


Knapp of Jersey 


Swan 


Kinney of Bureau 
Knowlton 


Servant 


Singleton 


Lander 


TornbuU *' 


Lemon 


Vance 


Lockwood 


WUIiame. 



The question was then taken, bjryeas and najs, on inserting the 
fourth, fiuh, sixths seventh, eighth, ninth, and tenth sections of the amend- 
ment, 



And decided in the negative, j ^^^ 



35 
100 



Digiti 



zed by Google 



360 



JOURNAL OF THE CONVENTION. {JluguM 6. 



Those voting in the affirantire« are, 



Mr. Armstrong 


Mr. Kdwards of Sangamon 


Mr. Mieur« 


Blown 


Graham 


Moffett 


Colby 


Geddes 


Stadden 


CroM of Winnebago 


Harlan 


Spencer 
Sherman 


Church 


Heacock 


Chun^hill 


Hill 


Tuttle 


OftTis of McLeta 


Hurlbnt 


Webber 


Dement 


Judd 


Witt 


Dummer 


Kenner 


Whitney 


DunUp 


Knox 


Woodson 


Dnnsmore 


Logan 


Worcester. 


EdwutlsofMtaiMn 


Marshall of Coles 




Those Toting in the 


negative, are, 




Mr. Adamt 


Mr. Grimshaw 


Mr. Oliver 


Akin 


Harper 


Pace 


Allen 


Harvey 


Palmer of Macoauin 


Anderson 


Hatch 


Palmer of Mnnhall 


Archer 


Hay 


Pratt 


Atherton 


Hayes 


Peters 


Blair 


Henderson! 


Pinckney 


Blakely 


Hoes 


Rivea 


Brockman 


Hogne 


Bobbins 


BoabytbeH 


James 


RobinsoB 


BuDsen 


Knapp of Jersey 


Roman 


Butler 


Knapp of Scott 


Rountrea 


Crain 


Kreider 


Scates 


Canadr 


Kinney of Burean 


Sbarpe 


Caldwell 


Kinney of St. Clair 


Swan 


Campbell of McDonough Kitcbell 


Shields 


Carter 


Rnowlton 


Servant 


F. 8, Caaey 


Lander 


Sibley 


Zadok CaaeT 


Lasater 


Sim 


Choate 


Lemon 


Simpson 


Constable 


Linley 


Singleton 


Cross of Woodford 


Lockwood 


Sniiih of Gallatin 


Cloud 


London 


Smith of Macon 


Davis of Montgomery 


McCallen 


Shomway 


Davis of Massac 


McCully^ 


Thomas 


Dawson 


McClure 


Thompson 


Deitx 


Manly 
Markley 


Thornton 


Dunn 


TurnbuU 


Ecdes 


Mason 


Turner 




Miller 


Vance 


Evey 


Morris 


West 


Farwell 


Nichols 


Williams 


Green of Jo Daviess 


Nortbcott 


Whiteside. 


Gregg 






On motion. 







The convention adjourned. 

FRIDAY, August 6, 1847. 

The convention assembled pursuant to adjournment. 

The journal of yesterday whs read. 

The question pending when the convention adjourned on yesterdaj 
was on the adoption of the report of the committee on Incorporations, as 
amended. 



Digiti 



zed by Google 



A%gutt 6.] JOURNAL OP THE CONVENTION. 



361 



On motion of Mr. Bldwards of Sangamon, 



The previous question 


wa, ordered, ^^^ 


... 65 

• • • 56 


Those voting in the affirnative, are, 




Mr. Adams 


Mr. Harper 


Mr. Palmer of Marshan 


Anderson 


Harvey 


Pinckney 


Blair 


Hogue 
Harlbut 


Rives 


Canadv 


Robinson 


Constable 


Jndd 


Rountree 


Cross of Winneba^ 


Knapp of Jersey 


Swan 


Choreh 


Knapp of Scott 


Shields 


Chorehill 


Kenner 


Spencer 
Sherman 


DariB of McLean 


Kinney of Bureau 
Knowlton 


Dawson 


Sibley 


Dommer 


Lemon 


Smith of|MacoB 


Ditnlap 


Lockwood 


Thomas 


Dunn 


Loudon 


Thornton 


Edwards of Madisen 


MeCallen 


Tumbull 




Manly 


Tutt 


Eceles 


Marshall of Col«s 


Vance 


Edmonson 


Maishall of Mason 


West 


Evey 
Grahass 


Mason 


Witt 


Mieure 


Whitney 


Geddes 


Miller 


Woodson 


Green of Jo Daneis 


Moffett 


Wofcestec 


Harlan 


NorthcotI 




Those voting in the negative, are, 




Mr. Akin 


Mr« Dement 


Mr. Ntcbots 


AUeff 


Dansmore 


Oliver 


Atmstronr 


Farwell 


Pace 


Atherton 


Gregi? 


Palmer of Macoupin 


Blakelj 


Hayes 


Pratt 




Hendersoo 


Robbins 


Bansen 


Hill 


Roman 


Butler 


Hoes 


Scates 


Crain 


Holmes 


Stadden 


Caldwell 


James 


Sim 


Campbell of MeDonongh 


Kinney of St Qair 


Simpson 


Carter 


Knox 


ITinffleton 


F. S. Casey 


Lander 


Smith of Gallatin 


Z. Casey 


Lasater 


Sbumway 


Choate 


Linley 


Thompson 
Webber 


Colby 


McCuJly 


CroM of Woodford 


McCIuw 


Williams 


Clond 


Markley 


Whiteside. 


DaTis of Massac 


Morris 





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 was taken, by jeas and nays, on the adoption oi* the ar- 
ticle, as amended, 



And derided in the affirmative, 



<Yeas, 
(Nays, 



66 
45 



Digit! 



zedbyGoOgle 



262 



JOURNAL OF THE CONVENTION. {August 6. 



Those voting in the affirmative, are. 



Mr. Adams 
Anderson 
Armstro&g 
Blair 
Blakelj 
Canady 
Choate 
Colby 
Constable 

Cross of Winnebago 
Cloud 
Church ^ 
CburchiU 
Davis of McLean 
Dawson 
Deitz 
Dement 
Duramer 
Dunlap 
Dunn 
Dunsmore 

Edwards of Madison 
Edwards of Sangamoa 
Eccles 
Edmonson 
Evey 
Graham 
Geddes 
Green of Jo Daviess 



Mr. Akin 
Allen 
AtbertoQ 
Brockman 
Bond 

Bosbyshell 
Bunsen 
Butler 
Crain 
Caldwell 

Campbell of McDonough 
Carter 
F. S. Casey 
Z. Casej 
Cross of Woodford 

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. Casej, 
The rules were dispensed with, and the report of the committee on the 
legislative Department, as amended in committee of the whole, was la* 
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. 



Mr. HarUn 


Mr. Morris 


Harper 


Nichols 


Harvey 


Noithcott 


Hatch 


Palmer of Marshall 


Hay 


Pinckney 


Hoeae 
-Jlormes 


Rives 


Robbins 


Hurlbut 


Robinson 


Judd 


Sharpe 


Koapp of Jersey 


Swan • 


Knapp of Scott 


Shields 


Kenner 


Spencer 
nierman 


Onney of Bureau 
'. iCnowlton 


Servant 


Knox 


Sibley. 


Lander 


Smith of Macon 


Lemon 


Shumway 


Lockwood 


Thomas 


Lo^n 


Thornton 


Loudon 


TumbuU 


McCallen 


Turner 


McClure 


Tutt 


Manlv 

Marshall of Coles 


Vance 


Webber 


Marshall of Mason 


West 


Mason 


V^hitney 


Mieure 


Woodson 


Miller 


Worcester. 


Moffett 




igative, are, 




Mr. Davis of Massac 
Gregg 
Hayes 


Mr. Palmer of Mac#upiB 
Pratt 
Peters 


Henderson 


Roman 


Hill 


Rountree 


Hoes 


Scates 


James 


Stadden 


Kreider 


Sim 


Kinney of St. Clair 


Simpson 
Singleton 


Lasater 


Linley 


Smith of GallaUa 


McCully 


Thompson 


Markley 


Williams 


Oliver 


Witt 


Pace 


Whiteside. 



Digiti 



zed by Google 



Jugnsi 6.] JOURNAL OP THE CONVENTION. 



263 



On motioQ of Mr. Adams, 

The secood 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 the word 
**five," and 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, 



---«'-•••"••"«-. {sr. 



41 

8(i- 



Those voting in the affirmative, are, 



Hr.AkiB 
Allen 
Anderson 
Armstrong 
Blakely 
Brockman 
BosbysheU 
BaUer 
Caldwell 
CampbeU of McDonoagh 

F. 8, Casey 
Cross of Woodford 
Cloud 



Mr. Davis of Massac 
EdmoDson 
Evey 

Green of Jo Daviess 
Hatch 
Hayes 
Heacock 
Henderson 
Hoes 
Hogne 

Kinney of St. Clait 
Kitchen 
Lasater 
Louden 



Mr. 



MeCallen 

McClure 

Markley 

Marshall of Mason 

Oliver 

Pratt 

Scates- 

Stadden 

Swaii 

Singleton 

Shumwar 

Tuttle 

Whitney. 



Those voting in the negative, are, 



Mr. Adams 
Atherton 
Blair 
Bond 
Brown 
Bansen 
Crain 
Canady 
Z. Casey 
Choate 
Colby 
Constable 

Cross of Winnebago 
Church 
Churchill 
Davis of McLean 
Dawson 
Deitz 
Dement 
Dummer 
Dunlap 
Dunn 
Dunsmore 



Mr, Edwards of Madison 
Edwards of Sangamon 
B>:cles 
Graham 
Geddes 
Harlan 
Harper 

H^ 

Hurlbnt 

James 

Judd 

Knapp of Jersey 

Knapp of Scott 

Kreider 

Kenner 

Kinney of Bureau 

Knowlton 

Knox 

Lander 

Lemon 

Linley 

Iiockwood 



Mr. Logan 
McCully 

Marshall of Coles 
Mason 
Mieuve 
Miller 
Moffett 
Morris 
Nichols 
Xorthcott 
Pace 

Palmer of Macoupin 
Palmer of Marshall 
Peters 
Pinckney 
Rives 
Bobbins 
Robinron 
Rountree 
Sharpe 
Shields 
Spencer 
ServACt 



Digiti 



zed by Google 



464 



JOURNAL OP THE CONVENTION. [August 6. 



Ife.tSibkj 


Mr/ThonitoB 


Mr. Williams 


Sim 


TurabuU 


Wilt 


Simpson 


Turner 


Whiteside 


Smith of Macon 


Vance 


Woodson 


Thomas 


Webber 


Worcester. 


Thompson 


West 





On motion of Mr. Singleton, 
The third section was amended by inserting after the word ** resided," 
tn the third Kne, the words ** three years in this state, and/' 
The question was taken, by yeas and nays. 



And decided in the affirmative, ■ ^^^^^ 


. 92 
« • • • 34 


Those Toting in the affirmative, are. 




Mr. Adams 


Mr. Hay 


Mr. Palmer of Maconpin 
Palmer of Marshall 


Atherton 


Heacock 


Blair 


Hill 


Peters 


Blakely 


Hogrue 


Pinckney 


Bond 


Horlbut 


Rives 


Bosbyshell 


jQdd 


Robinsoa 


Brown 


Knapp of Jersey 


Roman 


CanadT 

CampbeU of McDonough 


Knapp of Scott 


Rountree 


Kenner 


Hharpe 


Z. Casey 


Kinney of Bareaa 


Spencer 
Snerman 


Choate 


Kinnev of St. Clair 


Colby 


Kitehell 


Servant 


Constable 


Knowlton 


Sibley 


Cross of Wmnebago 


Knox 


Sim 


Churchill 


Lander 


Simpson 


Davis of McLean 


Lemon 


Sinfrleton 
Smith of Macoa 


Dawson 


Linley 


Deitz 


Lockwood 


Thomar 


Dement 


Logan 


Thompson 


Diimmer 


Loudon 


Thornton 


Dun lap 


McCallen 


Tumbuil 


Diinn 


Marshall of €o1e» 


Turner 


Dunsmore 


Marshal of Mason 


Tattle 


Edwards of Madison 


Mason 


Vance 


Edwards of Sangamon 


Mieure 


Webber 


Edmonson 


Miller 


West 


Evey 


Mo^ett 


William* 


Graham 


Morris 


Witt 


Geddes 


Nichols 


Whitney 


Harlan 


Northcott 


Woodson 


Harper 


Pace 


Worcester. 


Those voting in the negative, are. 




Mr. Akin 


Mr. Cloud 


Mr. McCutly 


Alien 


Church 


McClure 


Anderson 


Davis of Massac 


Markley 


Armstrong 


* Eccles 


Oliver 


Biockman 


Green of Jo Daviest 


Pratt 


Bunsen 


Hatch 


Robbinn 


Butler 


H»>es 


Scales 


Crain 


Henderson 


Stadden 


Caldwell 


Hoes 


Shields 


Carter 


James 


Shumway 


F. S. Casey 
Cross of Woodford 


Kreider 


WbUesidc. 


Lasatec 





Digiti 



zed by Google 



August 6.] JOURNAL OP THE CONVENTION. 



265 



89 
40 



The question was taken on the adoption of the secliont as amended, 
and decided in the afBrmativc. 

Mr* Markley moved to amend the fourth section by striking out tho 
word ^'thirty/' and by inserting in lieu thereof the words ^ twenty-five.'* 

The question was taken* and the amendment rejected. 

Mr. Scates called lor a division, so as to vote first on concurring in the 
first amendment of the committee of the whole; which are the words 
** and an inhabitant of this 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* 
ment made by the committee of the whole, on inserting the words ^ five 
years in the state, and,'' after the word ** resided*" in the third line, 

And decided in the affirmative' < \f ^* 

( Nays, 

Those voting in the affirmative, are, 

If r. Adams 
Atherton 
Blair 
Blakely 
Bood 
Canady 

CampDell of McDonougb 
Z. Casey 
Choate 
Colby 
Constable 

Cross of Winnebago 
Churcb 
Cburcbill 
Davis of McLean 
Dawson 
Deitz 
Dement 
Dummer 
Dun lap 
Dunn 
Dansmore 

Edwards of Madison 
Edwards of Sangamon 
Edmonson 
Evey 
Graham 
Geddes 
Uarian 
Harper 



Mr. Akin 
Allen 
Anderson 
Armstrong 
Brockman 
Bosbyshell 
Brown 
Bonsen 
Batlw 



Mr. Hay 


Mr. Rives 


Heacock 


Bobbins 


HUl 


Robinson 


Hogue 


Roman 


Horlbut 


Rountre« 




Sharpe 


Knapp of Scott 


Swan 


Kenner 


Shields 


Kinney of Barean 
Kitchen 


Spencer 
Sherman 


KnowltoB 


Servant 


Knox 


Sibley 


Lander 


Sim 


Lemon 


Simpson 
Singleton 


Linleyi 


Lockwood 


Smith of Macon 


Logan 


Thomas 


Loudon 


Thompson 


McCallen' 


Thornton 


Marshall of Coles 


TumbuU 


Marshall of Mason 


Turner 


Mieurel 


Tuttle 


Miller 


Vance 


Moffett 


Webber 


Nichols 


West 


Northcott 


Wilt 


Palmer of Macoupin 


Whitney 


Palmer of Marshall 


vWoodson 


Peters 


Worcester. 


Pinckney 




^e negative, are, 




Mr. Grain 


Bfr. Gregg 


Caldwell 


Hatch 


Carter 


Hayes 


F. S. Casey 
Cross of VVoodford 


Henderson 


Hoes 


Cloud 


James 


Davis of Massac 


Jodd 


Eecles 


Kreider 


Green of Jo Daviess 


Lasater 



Digiti 



zed by Google 



2C6 



JOURNAL OF THE CONVENTION. lAiguai C. 



Mr. McOuHy 


Mr. OUw 


Mr. Staddeb 


McClure 


Pace 


Sbuiuway 


Maoly 


Pra^t 


Tutt 


Markley 


Scales 


Whiteside. 


Morris 







The question Wtxs taken on the adoption of the fourth section, as amend- 
ed, and decided in the affirmative. 

Mr. Hay moved to amend the fifth section by striking out the word 
"forever." 

The question was taken, and the amendment rejected. 

The question was taken on the adoption of the fifth section, and deci- 
ded in the affirmative. 

Mr. Scates called for a division, so as to vote separately on concurring 
with the committee of the whole in striking out the words ^' never to be 
increased or diminished," in the sixth section, and by inserting in lieu there- 
of the words " until the population of the state shall amoupt to one mil- 
lion of souls, when five members may be added to the house,'' &;c. 

Mr. Constable called for a division, so as to vote first on concurring 
with the committee of the whole on striking out. 

The question was so taken, by yeas and nays, 

And decided in the affirmative, < v^*c' • • • • 



(Nays, 



55 



Those voting in the affirmative, are. 



Mr. 



Adams 

Anderson 

Armstrong 

Blair 

Blakely 

Brockman 

CaldweU 

Campbell of McDonough 

Carter 

Cboate 

Colby 

Cross of Winnebago 

Cross of Woodford 

Cloud 

Cburcb 

Churchill 

Davis of McLean 

Davis of Massac 

Deitz # 

Dummer 

Duusmore 

Edwards of Madison 

Eccles 

Edmonson 

Graham 

Green of Jo Daviess 



Mr. Akin 
Allen 
Atherton 
Bond 



Mr. Gregg 


Mr. Moffett 


Harvev 


Morris 


Hatch 


Nichols 


Hayes 


Northcott 


Heacock 


Palmer of Macoupin 


Henderson 


Pratt 


Hill 


Pinckney 


Hoes 


Rives 


Holmes 


Bobbins 


Hurlbut 


Rountree 


Judd 


Stadden 


Knapp of Jersey 


Swan 


Kreider 


Shields 


Kenner 


Spencer 


Kinney of Bureau 


Sherman 


Kitchell 


Servant 


Knowlton 


Sibley 


Knox 


Smith of Mmob 


Lander 


Thomas 


Lemon 


TurnbuU 


Logan 


Turner 


McCallen 


Tuttle 


McCluro 


West 


Marshall of Mason 


Whitney 


Mason 


Woodson. 


Mieure 




igative, are, 




Mr. Brown 


Mr. Canady 
F. S. Casey 


Bunsen 


Butler 


Z. Casey 


Crain 


Constable 



Digiti 



zed by Google 



if^ 6.] JOURNAL OF THE CONVENTION. 



267 



r. Dawson 
Dement 
Danlap 
Duon 

Edwards of Sangamon 
ETey 
Gcddes 
Harlan 
Harper 
Hay 
Hogue 
James 

Kaapp of Scott 
EiDDeyofSL Clair 
Lasater 



Mr. Linley 


Mr. Sbarpe 


Lockwood 


Sim 


Loadoo 


Simnson 
Singleton 


McCnlly 


Manly 


Shumway 


Markley 
Marshall of Colei 


Thompson 


Thornton 


Miller 


Tutt 


Oliver 


Vance 


Pace 


Webber 


Palmer of MarriiaU 


Williams 


Robinson 


Witt 


Roman 


Whiteside 


Scates 


Worcester. 



Mr, Campbell of McDonough moved to amend the amendment of the 

nnmittee of the whole by striking out the word ** five," and by inseiting 

le word " ten." 

A division of the question being called for on striking out, 

The question was so taken, and decided in the negative. 

Mr. Palmer of Macoupin moved to amend the same amendment by strik- 

^ out all after the word ** souls." 

The question was taken, and the amendment rejected. 

Mr. Scates moved to amend the same amendment by striking out the 

ords '^ one million/' and by inserting in lieu thereof the words ^'two 



A division being called for on striking out, 
The question was so taken, and decided in the negative. 
Mr. Brockman moved to amend the same amendment by striking out 
lalttT the words *' one hundred." 

Mr. Witt moved to amend the same amendment by striking out the 
ords^^neithcr be increased nor diminished." 

The question was taken on Mr. Witt^s motion, and decided in the neg- 
i?e. 

The question was then taken on the motion made by Mr. Brockman, 
id decided in the negative. 

The question was then taken, by yeas and nays, on concurring with the 
nnmittee of the whole, on inserting the words agreed to. 



ir. Adams 
Anderson 
Atherton 
BUir 
Butler 
Caldwell 

CampbeUof McDonough 
Cboate 
Colby 

Crow of Winnebago 
Cross of Woodford 



Mr. 



„. ^ <Yea., 


85 


"^"^^ (Nays, 


• • 4S 


mative, are, 




Cloud 


Mr. Eccles 


Church 


Edmonson 


Churchill 


Graham 


Davis of McLean 


Geddes 


Davis of Massac 


Green of Jo Daviess 


Dawson 


Gregg 


Deitz 


Harper 


Dummer 


Harvey 


Dunn 


Hatch 


Dunsmore 


Hay 


Edwards of Madison 


Hayes 



Digiti 



zed by Google 



268 



JOURNAL OF THE CONVENTION. 



[^ug^ui 



Mr. Heacoek 


Mr. MeCaliy 


Mr. Swan 


Hendtmon 


McClure 


Shields 


Hill 


Marshall of Mason 


Spencer 
Sherman 


Holmes 


Mason 


James 


Mieure 


Servant 


Kaapp of Jersey 


Moffett 


Sibley 
Sioj^leton 


Kenner ' 


Morris 


Kinney of Bureaa 


Northcott 


Smith of MaccMt 


Kitcbell 


Palmer of Maishall 


Tbomas 


Knowlton 


Pratt 


TiimbuU 


Knov 


Peters 


Tamer 


Lander 


Pinckney 


Tottle 


Lemon 


Rires 


West 


Linley 


Bobbins 


Williams 


Lockwood 


Robinson 


Witt 


J-ogan 


Rountree 


Whiteside 


Loudon 


Sharpe 


Woodson. 


McCallen 


sudden 




Those voting in 


the negative, are, 




Mr. Akin 


Mr. Dunlap 


Mr. Miller 


Allen 


Edwards of Sannmon 


Nichols 


Armstronr 


Evey 


Oliver 


Blakely 


Farwell 


Pace 


Brockman 


Harlan 


Palmer of Mncoii 


Bond 


Hoes 


Roman 


Bosbyshell 


Hogue 


Scates 


Brown 


Hurlbut 


Sim 


Bansen 


Judd 


Simpson 


Grain 


Koapp of Scott 
KreiSer 


Smith of GaUatin 


Canady 


Shorn way 


Carter 


Kinney of St. Clair 


Thornton 


F. S. Casey 


Lasater 


Vance 


Z. Casey 
Constable 


Manly 
Markley 
Maishall ot Coles 


Webber 


Whitney 


Dement 


Worcester. 



The question was then taken on concurring with the committee of tbe 
whole in striking out tho words "as herein provided for," and bj insei* 
int; in lieu thereof the words *<in all future apportionments," ^c«, and 
decided ia the affirmative. 

Mr. McCallen moved to amend the sixth section hy striking out the 
words V twenty-five," and by inserting in lieu thereof the word ** twenty," 
and by striking out the words *'#eventy*five," and inserting in lieu thcre^ 
of the word "eighty." 

Mr. Shumway called for a division, so as to vote first on striking ooft 
the word " twenty-five," and inserting in lieu thereof the word •'twenty.** 

The question was taken, and decided in the negative. • 

The question was then taken on stKking out the words " seventy-five^^ 
and inserting in lieu thereof the words ^' eighty," and decided in the neg^ 
ative. 

On motion of Mr. Whiteside, 

The further consideration of the sixth section was postponed until next 
Monday. 



Digiti 



zed by Google 



ugusie.] JOURNAL OF THE CONVENTION. 2G9 

Mr* Dawson moved to amend the seventh section by striking out the 
ord ^^Mondaj)'* and inserting in lieu thereof the word ^Tuesday." 
The question was taken, and the amendment rejected. 
Mr. Thomas moved to amend the same section by striking out the 
3rd "January," and inserting in lieu thereof the word ^'December,*' 
The Question was taken, and the amendment rejected. 
Mr. Whiteside moved to amend the same section by striking out the 
ord ** January," in the third line, and by inserting in lieu thereof the word 
lugust.'* 

The question was taken, and the amendment rejected. 
The question was taken on the adoption of the seventh section, and de* 
Jed in the affirmative. 

The question was taken on the adoption of the eighth section, and de- 
led in the affirmative. 

Mr. Roman moved to amend the ninth section by striking out the wotd 
wo," and inserting in lieu thereof the word *^five.*' 
A division being called for on striking out, 
The question was so taken, and decided in the negative. 
The question was taken on the adoption of the ninth section, and deci* 
id in the affirmative. 

The question was taken on the adoption of the tenth section, and deci- 
d in the affirmative. 

On motion of Mr. Thomas, 
The eleventh section was amended by striking out the last three words, 
id by inserting in lieu thereof the words ^6n the question.^ 
The question was taken on the adoption of the eleventh section, and 
icided in the affirmative. 

The question was taken consecutively on the adoption of the 12th, 13th, 
llh, and 15th sections, and decided in the affirmative. 

On motion of Mr. Thornton, 
The L6th section was amended by striking out the two last words, and 
serting in lieu thefeof thfe words •' each house." 
The question w:is taken on the adoption of the 16th section, as amend- 
I, and decided in the affirmative. 

On motion of Mr. Thomas, 
The 17th section was struck out, and the following inserted in lieu 
lereof: 

^^Bills making appropriations for the pay of the members and officers of 
e general assembly, and for the salaries of the officers of the govern* 
ent, as fixed by the constitution, shall not contain any provision on any 
her subject. 

The question was taken on the adoption of the 17th section, as amend- 
I, and decided in the affirmative. 

On motion of Mr. Manly, 
Leave of absence was granted to Mr. Archer for eight days* 

On motion of Mr. Pinckney, 
Leavtsof absieoce was granted to Mr. Grtmshaw for eight days* 

Oq motion of Mr. Peters, 



Digiti 



zed by Google 



370 



JOURNAL OF THE CONVENTION. lAugvsi 



Leave of absence was granted to Mr. Kinnej of Bureau for seven da; 

On motion, 
The convention adjourned until three o'clock, p. m. 



THRBB o'clock, P. M« 



The convention met pursuant to adjoamment« 
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 cos 
mittee on the Leijislative Department, as amended in committee of th 
whole. * 

Mr. Shumwaj moved to amend the amendment made bj the commi 
tee of the whole to the 18th section, by adding thereto the words ^ei 
cept appropriations making payment to members and officers of the get 
eral assembly and officers of the state government.*' 

The question was taken, by yeas and nays* 



And decided in the affirmative, 



iYeas, 
(Nays, 



Those voting in the affirmative, are, 



Mr. Adams 

Anderson 

Armstrong 

Atherton 

Blair 

Brown 

Bansen 

Canady 

Campbell of McDonough 

F. S. Casey 

Choate 

Constable 

Cross of Woodford 

Cloud 

Church 

Churchill 

Davis of McLean 

Dunlap 

Dunsmore 

Edmonson 

Evcy 

Farwell 

Graham 

Geddes 

Green of Clay 

fT" Green of Jo DiWess 

Harper 



Mr. Hatch 
Hoes 
Hogue 
Holmes 
James 
Judd 

Knapp of Jersey 
Kreider 
Kitcheli 
Knox 
Lasater 
Lemon 
Linley 
Lockwood 
McCailen 
McColly 
McClure 
Manly 
Markley 

Marshall of BiMon 
Mason 
Mieure 
Moffet 
Nichols 
Pace 

Palmer of Maconptn 
PalMCt of MaciMI 



78 
38 



Mr. Pratt 
Peters 
Pinckney 
RiTes 
Roman 
Rountree 
Scates 
Sharpe 
Stadden 
Swan 
Shields 
Sherman 
Servant 
Sibley 
Sim 

Simpson 
Singleton 
Smith of Macon 
Shamway 
Tattle 
Webber 
Williams 
Witt 

Whitefid« 
Whitney 
Woodson. 



Digiti 



zed by Google 



August 6.] JOURNAL OF THE CONVENTION. 



STl 



Mr. Ecclet 


Mr. Morris 


Harfan 


Oliver 
Robbins 


Hanrey 


Robinson 


Hay 
Hill 


Spencer 


Smith of GallaUn 


Hurlbot 


Thomas 


Knapp of Scott 


Thornton 


Kenner 


TarnbttU 


KdowUod 


Turner 


Lander 


Tutt 


• Loean 
M&er 


Vance. 



Those yoting in the negative, are, 

Mr. Akin 
Allen 
Bond 
Caldwell 
Carter 
Z. Casey 
Colby 

Cross of Winnebago 
Davis of Massac 
Dawson 
Deitz 
Dunn 
Edwards of Sangamon 

On motion of Mr. Peters, 

The amendment made bj the committee of the whole, as amended, 
was further amended by striking out all after the word ^* direct.'* 

The question was taken on concurring with the committee of the whole 
in ihf^ amendment made to the 18th section, as amended by the convtsn- 
tion, and decided in the afiirmativc. 

Mr. Sim moved to amend the iSth section, as amended, by striking out 
all of the fourth and fifth lines after the word ''houses," and insert in lieu 
thereof the words '<no law passed by the legislature shall contain matter 
foreign to that expressed in the title thereof.'* 

The question was taken, and the amendment rejected. 

Mr. Kenner moved to amend the same section, as amended, by striking 
out 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- 
ed, and decided in the affirmative. 

The question was taken on the adoption of the 19th section, and deci- 
ded in the affirmative. 

Mr. Lock wood moved to amend the amendment, made by the commit- 
tee of the whole to the 20th section, by striking out the word *^one," and 
by inserting in lieu thereof the word " two." 

A division of the question being called for. 

The question was taken^ by yeas and nays^ on striking out, 



And decided in the 


-g-«-. JNa,"' 


• • . * 


23 
106 


Those voting in the affirmative, are, 






Mr. Armstrong 


Mr.Judd 


Mr. Roman 




Brown 


Lockwood 


Sbarpe 




Davis of Massac 


Lo|!Bn 


Sherman 




Dunlap 


McCanen 


Servant 




Green of Jo Davkst 


McClaro 


Singleton 




Gregg 


Mason 


Wt^t 




Heacock 


Milltr 


Whitney. 




Horlbat 


Pinckney 







Digiti 



zed by Google 



872 



JOURNAL OF THE CONVENTION. [Augusi 6. 



Those votiDg iQ the Degatire, are, 



Mr. Adams 
Akin 
Allen 
Aiiilerson 
Atlierton 
Blair 
BUkely 
Brockmin 
Bond 

Bosbyshell 
Bansen 
Butler 
Craia 
Canady 
Caldwell 

Campbell of McDonoogfa 
Carter 
F. S. Casey 
Z. Casey 
Cboate 
Constable 

Cross of Winnebago 
Cross of Woodford 
Clottd 
Church 
Churchill 
Davis of McLean 
Dawson 
Deitz 
Dement 
Dunn 
Dunsmore 

Edwards of Sangamon 
Eccles 
Edmonson 
Evey 

Mr. Armstrong moved to amend the same amendment, by adding after 
the worls '^and no more,'' the words *'and such additional compensation 
as the legislature shall deem just and proper, not exceeding three dollars 
per day." 

The question was taken, and the amendment rejected. 

Mr. Urown moved to amend the same amendment by striking oat all 
after the words " and no more." 

The question was taken, by yeas and nays, 



Mr. Farwell 


Mr. Morris 


Graham 


Nichols 


Geddes 


Oliver 


Green of Clay 


Pace 


Harlan 


Palmer of Macoapi] 
Palmer of MaiBhJl 


Harper 


Harvey 


Peters 


Hatch 


Rives 


Hay 


Bobbins 


Henderson 


Robinson 


Hill 


Roantree 


Hoes 


Scates 


Horue 
Hohnee 


Stadden 


Swan 


James 


Shields 


Kiiapp of Jersey 


Spencer 


Knapp of Scott 


Sibley 


Kreider 


Sim 


Kenner 


Simpson 


Kinney of Bureau 


Smith of Gallatin 


Kitchen 


Smitli of Macon 


Knowlton 


Shamway 


Knox 


Thomas 


Lander 


Thornton 


Lasater 


TurnbuU 


Lemon 


Turner 


Linley 


Tutt 


Loudon 


TutUe 


McCully 


Vance 


Manly 


Webber 


Markley 
Marshall of Coles 


Williams 


Witt 


Marshall of Mason 


Whiteside 


Mieura 


Woodson 


Moffett 


Worcester. 



iYeas 

And decided in the negative, <m^ ' 

Those voting in the affirmatiTe, are, 



36 
103 



Mr. 



Brown 

Caldwell 

Constable 

Cloud 

Bavis of Ma 

Davrson 

Heacock 
Httrlbut 



Mr.Jndd 
Kenner 
Lemon 
Lock wood 
Lo^an 
MeCallen 
Miller 

Palmer of Mirshall 
Piockney 



Mr. Roman 
Swan 
Servant 
Sineleton 
Smith of Gdlttia 
Toroer 
Tattle 
Whitney. 



Digiti 



zed by Google 



August 6.] JOURNAL OP THE CONVENTION. 



973 



Those YotiDg in the negative, are, 

Mr. Adams 
Akin 
Allen 
Anderson 
Armstrong 
AthertOB 
Blair 
Blakely 
Brockmaa 
Bond 

Bosbyshell 
Bunsen 
Batler 
Crain 
Canady 

Campbell or McDonei^b 
Carter 
F. 8. Casey 
Z. Casey 
Choate 

Croes of Winnebago 
Cross of Woodfora 
Church 
Churchill 
Davis of McLean 
Deitz 
Dement 
Danlap 
Dunn 
Dunsmore 

Edwards of Sangamon 
Eccles 
Edmonson 
Erey 
Graham 

The question was taken on concurring with the oomnaittee of the 
whole in the amendment made to the 20th section, together with the ad- 
ditional section, and decided in the affirmative. 

Mr. Cross of Winnebago moved to amend the 20th section, as amended^ 
by striking out the words ^' forty-two/' and inserting in lieu thereof the 
word ** sixty .•• 

A division of the question being called for, 

The question was taken, bjr yeas and nays, on striking out, 



Mr. Geddes 


Mr. Nichols 


Green of Clay 
Green of Jo Daviess 


Northcott 


Oliyer 


Harlan 


Pace 


Harper 


Palmer of Blaeoopin 


Hatch 


Pratt 


Hay 


Peters 


Heodersor^ , 


Rives 


HiU X ' ' 


%>bbins 


Hoes/ . ■ 


jtobinson 


lA ... , 


Hountree 


'^ Scatee 


James 

Knapp of Jersey 


Sharpe 
sudden 


Knapp of Scott 


Shields 


Kreider 


Spencer 
Sherman 


Kinney of Burean 


Kitchen 


Sibley 


Knowlton 


Sim 


Knox 


Simpson 
Smith of Macon 


Lander 


Lasater 


Shumway 


Linley 


Thomas 


Loudon 


Thornton 


McCully 


Tumbull 


McClure 


Tutt 


Manly 


Vance 


Markley 


Webber 


Marshall of Coles 


West 


Marshall of Mason 


Williams 


Mason 


Witt 


Mieure 


Whiteside 


Moffett 


Woodson 


Morris 


Worcester. 



Mr. Adams 
Anderson 
Armstrong 
Bosbysheu 
Brown 
Bunsen 
Canady 



18 



•«•««•. JS^ : 


50 

74 


iffirmative, are, 


. 


Mr. Cross of Winnebago 
Cloud 
Church 
ChurchiU 
Davis of McLean 
Deitz 
Donlap 
Qreen of Clay 


Mr. Green of Jo DnvieM 
Gregg 
HarpSr 
Hatch 
Hay 
Heacoek 

Bin 



Digiti 



zed by Google 



274 



JOURNAL OF THE CONVENTION. [AuguH 6. 



Mr. Hoes 


Mr. Marshall of Mason 


Mr. Sibley 


Holmes 


Mason 


Singleton 


Hurlbut 


Mieure 


Smith ot Macon 


Judd 


Palmer of Marshall 


Thomas 


Knapp of Jersey 


Pratt 


TurnbuU 


Knapp of Scott 


Prnckney 


Tutner 


Kinney of Bureau 


Roman 


Tuttle 


Lander 


Sbarpe 
Staddeo 


Webber 


Lockwood 


West 


Logan 


Swan 


Whitney 


McCallen 


Sherman 


Worcester. 


McClure 


Servant 




Those voting in the 


negative, are, 




Mr. Akin 


Mr, Edmonson 


Mr. Nichols 


Allen 


Evey 
Graham 


Northcott 


Atherton 


Oliver 


Blair 


Gedi.'e» 


Pace 


Blakely 


Harlan 


Palmer of Macoupin 


Brockman 


Harvey 


Peters 


Bond 


Hayes 


Rives 


Butler 


Hogue 


Robbins 


Crain 


James 


Robinson 


Caldwell 


Kreider 


Rountree 


Campbell of McDonough Kenner 


Scatea 


Carter 


Kitchen 


Shields 


F. 8. Casey 


Knowlton 


Spencer 


Z. Casey 


Knox 


Sim 


Colby 


Lasater 


Simpson 


Constable 


Lemon 


Smith of Gallatin 


Cross of Woodford 


Linley 


Shumway 


Davis of Massac 


Loudon 


Thornton 


Dawson 


McCuUy 


Tutt 


Dement 


Manly 
Markley 
Marshall of Coles 


Vance 


Dunn 


Williams 


Dunsmore 


Witt 


Edwards of Madison 


Miller 


Whiteside 


Edwards of Sangamon 
Eccles 


Moffet 
Morris 


Woodson. 



Mr. Pratt moved to amend the same section by striking out the word 
« two,'- 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, 



And decided in the 


negative, jJJjJJ; 


85 


Those voting in the affirmative, are, 




r. Adams 
Anderson 
Armstrong 
Brown 
Caitady 
Colby ' 

Cross of Winnebago 
Cloud 
Church 
Churchill 


Mr. Davis of Music 
Dement 
Dunlap 
Dunn 

Green of Jo Daviess 
Gregg 
Harper 
Hatch 
Hay 
Ha>es 


Mr. Heacock 
Henderson 
Hill 
Holmes 
Hurlbut 

Knapp of Jersey 
Kenner 

Kinney^of Burtau 
Lockwood 
McCallen 



Digiti 



zed by Google 



August 6.] JOURNAL OF THE CONVENTION. 



27-) 



Mr. McClure 


Mr. Pratt 


Mr. Servant 


Marshall of Mason 


Pinckuey 


Sibley 


Mason 


Roman 


Thomas 


Miller 


Hharpe 


TurnbuU 


^ Northcott 


Swan 


Webber 


Palmer o[ Macoupia 


Sherman 


Whitney. 


_ Those voting in the 


negative, are, 




Mr. AkiQ 


Mr. Geddes 


Mr. Pace 


Allen 


Green of Clay 


Palmer of Marshall 


Atherton 


Harlan 


Peters , 


Blair 


Harvey 


Rives 


filakely 


Hoes 


Robbins 


Brockman 


Hogue 


Robinson 


Bond 


Jamesi 


Roan tree 


Bosbyshell 


Judd 


Scales 


Bunsen 


Knapp of Scott 


Stadden 


Butler 


Kreider 


Shields 


Crain 


Kitchen 


Spencer 


Caldvrell 


Knowlton 


Sim 


Campbell of McDonough Knox 


Simpson 


Carter 


Lander 


Singleton 


F. a Casey 


Lasater 


Smith of Gallatin 


Z. Casey 


Lemon 


Smith of Macon 


Cboate 


Linley 


Sh urn way 


Constable 


Lo^an 


Thornton 


Cross of Woodford 


Loudon 


Turner 


Davis of McLean 


McCully 


Tutt 


Dawson 


Manly 


Tuttle 


Deitz 


Markley 


Vance 


Duos more 


Marshall of Coles 


West 


C:d wards of Madison 


Mieure 


Williams 


Edwards of Sangamon 


Motfett 


Witt 


Eccles 


Morris 


Whiteside 


Eklmonson 


Nichols 


Woodson 


Evey 


Oliver 


Worcester. 


Graham 







Mr. Singleton ilioved to amend the 20th section by striking out all after 
the words " per day/' in the first line, to the first word " for,'* in the se- 
cond 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 

X 


°«g-»'-' &, : 


52 

77 


Those voting in the affirmative, are, 




Mr. Adams 


Mr. Davis of McLean 


Mr. Henderson 


Anderson 


Davis of Massac 


Hill 


Armstrong 


Deitz 


Hoes 


Blair 


Danlap 


Holmes 


Brockman 


Dunn 


Hurlbut 


Bond 


Duiismore 


Judd 


Brown 


Geddes 


Knapp of Jersey 


Colby 


Green of Jo Daviess 


Kinney of Bureau 


Cross of Wionebtfo 


Gregg 


Lander 


Cloud 


Hart>er 


LockwoodI 


Church 


. Hatch 


McCallen 


CburehiU 


Heacock 


McClure 



Digiti 



zed by Google 



•i7G 



JOURNAL OF THE CONV^'TION. IJluguat 6. 



r. Marshall of Mason 


Mr. Stadden 


Mr. Singleton 


Mason; 


Swan 


Thomas 


Pratt 


Sberman 


Tumbull 


Pinckney 


Servant 


Webber 


Roman 


Sibley 


Whitney. 


Sharpe 






Those voting in the 


negativet are. 




r. Akin 


Mr. Harlan 


Mr. Pace 


Allen 


Harvey 


Palmer of Macoopm 


Atherton 


Hay 


Palmer of Manbatt 


Blakely 


Hogne 


Peters 


Bosbysbell 


James 


Rives! 


BuDsen 


Knapp of Scott 


Bobbins 


Butler 


Krei^er 


RobinFon - 


Grain 


Kenner 


Rountree 


Canady 


Kitchen 


Scates 


Caldwell 


Knowlton 


Shields 


Campbell of McDonongfa Knox 


Spencer 


Carter 


Lasater 


&m 


F. S. Casey 


Lemon 


Simpson 


Z. Casey 


Linley 


SmiihofGaUatIa 


Cboate 


Louden 


Shumway 


Constable 


McCully 


Thornton 


Cross of Woodford 


Manly 
Markley 
Marshall of Coles 


Turner 


Dawson 


Tutt 


Dement 


Tuttle 


Edwards of Madison 


Mieare 


Vance 


Edwards of Sangamon 


Miller 


Williams 


Eccles 


Moffett 


Witt 


Edmonson 


Morris 


WhitesMe 


Evey 
tvraham 


Nichols 


Woodson 


Northcott 


Worcester. 


Green of Clay 


Oliver 





Mr. Kenner moved to amend the 20th section by inserting after the 
word «*• dollars,*' in the first line, the words .**and fifty cents.'* 
The question was taken, by yeas and nays, on the amendment. 



Mr. Adams 
Blair 
Blakely 
Brown 
Canady 
Colby 

Cross of Wionebcfo 
Cloud 
Church 
Churchill 
Deitz 
Dement 
Dunlap 
Dunn 
Duntmore 



»««i". {Sr.: 


44 


85 


flirmative, are, 




Mr. Green of Jo Daviess 


Mr. Marshall of Blasou 


Hatch 


Mason 


Hay 


Moffett 


Heacock 


Morris 


Henderson 


Northcott 


Hill 


Pace 


Holmes 


Palmer of Ilaeoopln 


Hurlbut 


Pratt 


Knapp of Jersey 


Roman 


Knapp of SeotI 


Sharpe 


Kenner 


Swan 


Kinney of BortM 


TUmbull 


Lockwood 


Webber 


McCullen 


Whitney. 


McGluta 





Digiti 



zed by Google 



August 6.j 



Mr. Akin 
Allen 
Anderson 
Atberton 
Brockman 
Bond 

Bosbysbell 
Bonsen 
Batier 
Grain 
Caldwell 

Campbell of McDonongh 
Carter 
F. S. Casey 
Z. Casey 
Choate 
Constable 
Cross of Woodford 
Davis of McLean 
Davis of Massac 
Dawson 

Edwards of Madison 
Edwards of Sangamon 
Eccles 
Edmonson 
Evey 
Graham 
Geddes 
Green of Clay 

Mr. Cross of Winnebago moved to amend the same section by striking 
oat the word ^^dollars," wherever the word occurs, and by inserting in lieu 
thereof the word "cents." 

On motion of Mr. Campbell of McDonough, 
The motion was laid on the table. 

Mr. McCallen moved to amend the same section by striking out the 
word "ten,'* and by inserting in lieu thereof the words **two and a half.'' 
On motion of Mr. Akin, 
The mvition was liid on the table. 

Mr. Servant moved to amend the same section by striking out the first 
word ''two," and to insert in lieu thereof the word '*one." 
On motion of Mr. Akin, ' 



L iJ¥ THK UUr^A 


^EJNTiUA. \rri 


negative, are. 




Harhm 


Mr. Pinckney 


Rives 


Harper 


Robbins 


Haivev 


Robinson 


Hayes 


Rountreo 


Hogue 


Scates 


James 


Stadden 


Judd 


Shields 


Ereider 


Spencer 
Sherman 


Eitcbell 


KnowltoB 


Servant 


Knox 


Sibley 


Lander 


Sim 


Lasater 


Simpson 
Sineleton 


Lemon 


Linley 


Smith of Gallatin 


Logan 


Shumway 


Loudon 


Thomas 


McCully 


Thornton 


Manly 


Turner 


Marklev 
Marshall of Coles 


Tuttle 


Vance 


Micure 


West 


Miller 


Williams 


Nichols 


Witt 


Oliver 


Whiteside 


Palmer of Marshall 


Woodson 


Peters 


Worcester. 



The motion was laid on the tabic, )]Vavs' 
Those voting in the affirmative, are, 



Mr. Adams 
Akin 
Allen 
Anderson 
Atherton 
Blair 
Blakely 
Brockman 
Bond 
Bosbysbell 



Mr; Bunsen 
Butler ' 
Grain 
Caoady 
Carter 
F. S. Casey 
Z. Casey 
Choate 

Cross of Woodford 
Cloud 



• 


« • 


97 


• 


• • 


32 


Mr 


.Deitz 
Dement 
Dunlap 
Dunn 
Dansmore 






Edwards of 


Sangamon 




Eccles 






Edmonson 






Evev 
Graham 





Digiti 



zed by Google 



278 



JOURNAL OF THE CONVENTION. lAuguUG. 



Mr. Green of Clay 

Green of Jo Daviess 


Mr. Lockwood 


Mr. Roantree 


Logan 


Scales 


Harlan 


McCully 


Shaipe 
Staddea 


Harper 


McClure 


Harvey 


Manly 


Shields 


Hatch 


Markley 
Marshall of Colet 


Spencer 
Sherman 


Hay 


Hayes 


Marshall of Mason 


Sibley 


Heacock 


Mieure 


Rim 


Henderson 


Miller 


Simpson 


Hill 


Moffett 


Smith of Macon 


Hoes 


Morris 


Shumway 


Hogue 


Nichols 


Thornton 


James 


Northcott 


Tumbull 


Knapp of Scott 


Oliver 


Turner 


Kreider 


• Pace 


Tutt 


Kennerl 


Palmer of Macoupin 
' Palmer of Marshall 


Webber 


Kitchell 


West 


Knowiton 


Pratt 
Peters 


Wiiliams 


Knox 


Witt 


Lasater 


< Bobbins 


Woodson 


^ Lemon 


Robinson 


Worcester. 


Liuley 






Tjiosc voting in the 


negative, are, 


, 


Mr. Armstrong 


Mr. Dawson 


Mr. Pinckncy 


Brown 


Edwards of Madison 


Rives 


Caldwell 


Geddes 


Swan 


Campbell of McDonongh Gregg 


Servant 


Colby 


Holmes 


Singleton 


Constable 


Hurlbut 


Smith of Gallatia 


Cross of Winnebago 


Knapp of Jersey 
Lander 


Thomas 


Church 


Tuttle 


Churchill 


Loudon 


Vance 


Davis of McLean 


McCallen 


Whitney. 


Davis of Massae 


Mason 





Mr. McCollen moved to strike out the whole section. 
On motion of Mr. Akin, 

The motion was laid on the table. 

Mr. Thomas moved to strike out the whole section, as amended, and 
to insert in lieu thereof the words "the sessions of the general a^semblj 
>hail 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 20lh 
tcction, as amended, 



(Yeas 
And decided in the affirmative, <-^ . ' 



35 



Digiti 



zed by Google 



Augusl 6.] JOURNAL OF THE CONVENTION. 

Those voting in the affirmative, are, 



279 



Mr. Adams 


Mr. Eccles 


Mr. Nichols 


Akin 


EdmoosoB 


Northcott 


Allen 


Evey 


Oliver 


AthertoD 


Graham 


Pace 


Blair 


Geddes 


Palmer of Marshall 


Biakely 


Green of City 


Peters 


Brockman 


Harlan 


Kives 


BoDd 


Harper 


Robbins 


Bosbysfaell 


Harvey 


Robinson 


fiunsen 


Hatch 


Rountre« 


Butler 


H^es 


Scates 


Crain 


Hogtte 


Sharpe 


Caldwell 


James 


Shields 


Camiibell of McDonongh Jiidd 


Spencer 


Carter 


Knapp of Scott 
Kreider 


Servant 


P. 8. Casey 


Sim 


Z. Casey 


Kenner 


Simpson • 


Choate 


Kitcliell 


Smith of Gallatis 


Constable 


KnotvUon 


Smith of Macom 


Cro'Sof Winnebago 


Knox 


Shumway 


Cross of Woodford 


Lasater 


Thornton 


Cloud 


Lemon 


Turner 


Davis of Merman 


Lin ley 


Tutt 


Davis of Massac 


Logan 


Tuttle 


Dawson 


Manl7 
Markley 


Webber 


Deitz 


West 


Dement 


Marshall of Coles 


Williams 


Dunlap 


Marshall of Mason 


Witt 


Duon 


Mieure 


Whiteside 


Dunsmore 


Moffett 


Woodson 


Edwards of Madison 


Morris 


Worcester- 


Edwards of Saiigamon 






Those voting in the 


negative, are, 




Mr. Anderson 


Mr. Hoes 


Mr. Palmer of Macoupia 


Armstroni^ 


Holmes 


Pinckney 


Brown 


Hurl but 


Roman 


Canady 


Knapp of Jersey 


Stadden 


Colby 


Lander 


Swan 


Church 


Lockwood 


Sherman 


Churchill 


Loudon 


Sibley 


Green of Jo Daviess 


McCallen 


Singleton 


<^f«gg 


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 del. 
iars per day." 

The qneslion was taken, .ind the proposed section rejected. 

Mr, Robbins moved to amend the amendment made lo the 21st section 
by inserting after the word *' assembly," the words **nor be elected to 
^ny office of profit or trust in this state." 

The question was taken, and the amendment adopted. 



Digiti 



zed by Google 



280 JOURNAL OP THE CONVENTION. lAngusi 7. 

Mr. Shields moved to amend the same amendment hj inserting the 
word **due,** after the word "gums,** 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 bj 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 21st section, as amended, and decided m 
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 2Sd section be further amended by adding 
thereto the following: 

*^ Nor shall any member of this convention be eligible to any office cre- 
ated by this constitution at the first election after its ratification.'' 

Mr. Edwards of SanganK>n moved to amend the amendment by substi- 
tuting therefor thf following: 

''No person elected to the legislature shall receive any civil appoint- 
ment within this state, or to the senate of the United Slates, from the 
governor, the governor and senate, or from the legislature^ during the term 
for which he shall have been eiected; and allsucli 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, wchave just learned, with deep and poignant repret, the 
death of Captain Franklin Nile8,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 oar 
fellow-citizen Capt. Franklin Niles, of the 5th regiment lllinms volunteers. 

Resolved y That in the death of Capt. Niles, tlie 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« 



Digiti 



zed by Google 



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 
Tolunteersyand 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. 

Resohed^ 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 conventioiv 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^ 



Mr. Adams 
Anderson 
Bond 
Brown 
Hansen 
BuUer 
Crain 

Campbell of McDonoogh 
Choate 
Constable 

Cross of Winnebago 
Cross of Woodford 
Church 
Ch urchin 
Davis of McLean 
Dawson 
Deitz 
DuDsmore 

Edwards of Madison 
Edwards of Sangamon 
Ecclcs 
Edmonson 
Evey 
Graham 
Geddes 

Green of Clay 
Green of Jo Daviess 
Harlan 
Harper 
Harvey 



Mr. 



Those voting in the negative, are, 



Mr. Akin 
Allen 
Armstrong 
Blair 



Mr. 



i 


Teas, 


90 


lative^ j 


Nays, 


. ..... 29 


native, are 


9 




Hatch 




Mr.iPalmer of Marshall 


Hay 




Peteis ' 


Hayes 




Pinckney 


Heacock 




Rives 


Hill 




Bobbins 


Hogiie 
Holmes 




Robinson 




Roman 


Harlbut 




Rountree 


James 




Sharpe 


Judd 




Swan 


Knapp of Jersey 


Shields 


Knapp of Scott 


Spencer 
Sherman 


Kenner 




Kinney of U\ 


;. Clair 


Sibley 


Kitchen 




Sim 


Knowlton 




Smith of Macon 


Knox 




Shumway 


Lander 




Thomas 


Lemon 




Thornton 


Loclcwood 




TurnbuU 


McCallen 




Turner 


McCuHy 




Tutt 


Manly 




Vance 


Marshall of Coles 


West 


Mason 




Williams 


Mieure 




Witt 


Miller 




Whiteside 


Moifett 




Whitney 


Northcott 




Woodson 


Palmer of Macoupin 


Worcester. 


tive, are, 






Brockman 




Mr. Colby 


Carter 




Cloud 


F. 8. Casey 




Dement 


Z. Casey 




Dunlap 



Digiti 



zed by Google 



rm 



JOURNAL OF THE CONVENTION. \_A»gmt1. 



Mr. Dann 


Mn Lasater 


Mr. Pratt 


Dunlap 


Linley 
McClure 


Scales 


Farwell 


Stadden 


Gregg 


Markley 
Marshall of Mason 


Simpson 


Henderson 


Smith of Gallatin 


Kieider 


Oliver 


Webber. 



Mr. Scales moved to amend the amendment by striking out the wordi 
•'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 amcnd- 
ded, and decided in the affirmative. 

Mr. Lock wood moved to amend the 22 J 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, 



Mr. Adams 
Anderson 
Atherton 
Blair 

Brockman . 
Bond 
Bunsen 
BuUer 
Canady 
F. S. Casey 
Constable 

Cross of Winnebago 
Cloud 
Church 
Churchill 
Davis of McLean 
Deitz 
Dunn 
Dunsmore 

Edwards of Madison 
Kd wards of Sangamon 
Eccles 
Edmonson 
Evey 
Graham 
Geddes 
Green of Clay 



id on the table, 


fYeas, 

>NaySr 


. . . .81 
. . . .41 


Brmative, are, 






Mr. Green of Jo Daviess 


Mr. Marshall of Masoa 


Harlan 




Mason 


Harper 




Molfett 


Harvey 




Northcott 


Hatch 




Palmer of MacoupiQ 


Hayes 




Palmer of Marshall 


Heacock 




Peters 


Hill 




Pinckney 


Hogue 




Robinson 


Hurlbut 




Rountree 


James 




Swan 


Judd 




Shields 


Knapp of Jersey 


Spencer 


Knapp ol Scott 




Servant 


Kenner 




Sibley 


Kitchen 




Shumway 


Knowllon 




Thomas 


Knox 




TurnbuU 


Lander 




Turner 


Lemon 




Vance 


Linley 




Webber 


Lockwood 




West 


Logan 




Williams 


McCallen 




Witt 


McCully 




Whitney 


McClure 




Woodson 


Manly 




Worcester. 



Digiti 



zed by Google 



August 7.] JOURNAL OP THE CON VENTION. 
Those voting in the negative, are, 



283 



Mr. Akin 


Mr. Greg? 


Mr. Bobbins 


Allen 


Hay^ 


Roman 


Armstrong 


Henderson 


Scates 


Blown 


Holmes 


Sbarpe 
Stadden 


Grain 


Kreider 


' Caldwell 


Kinney of St. Clair 


Sherman 


Carter 


Lasater 


Sim 


Zadok Caaey 
Cboate 


Mark]ey 
Marshall of Coles 


Simpson 

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 affirmiiiive. 

Mr. Pratt moved to amend the 22d section, as amended, by adding 
thereto the tollowing: 

"Any person who may hereafter be elected by the people to fill any 
office in this sialo, 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 ol Mr. Knowlton, 

The amendment was laid on the table. 

The question was taken on the adoption of the section as amcncSled, and 
decided in the affirmative. 

The question was taken on concurring with the committee of the 
whole, in the uinendments made to the 23d section, and decided *in the 
affirmative. 

Mr. Caldwell ntoved to amend the 23d section, as amended, by adding 
thereto the following: 

**Sec. — . The general aseembly 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 loregoing 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 of 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. Arch^T, Baliingall, liond, Campbell of Jo Daviess, Dale, Davis 
of Montgomery. Dummer, Frick, Green of Tazewell, Grimshaw, Harding, 
Ilawley, ilunsaker, Huston, Jackson, Jenkins, Jones, Kinney of Bureau, 
Kinney of St. Clair, Laughlin, McHatton, Matheny, xMinshal.^ Moore, 
Norton, Powers, Thompson, Trower, Tuttle, Vernor, Wead — 31. 

A quorum being present, 

Digitized by VjOOQ IC 



iS4 



JOURNAL OP THE CONVENTION. lAuguBi 7. 



On motion of Mr. Constable, 
Further proceedings under the call were dispensed with. 
The question was taken, by yeas and nays, on laying the proposed 
amendment on the table, 



And decided in the i 


negative, j5«j;; 


65 

» • • • 06 


Those voting in the affirmative, are, 


> 


Mr. Adams 


Mr. Green of Jo Daviess 


Mr. MarshaU of MaMa 


Andenon 


Harlan 


Mason 


Blakely 


Harper 


Mieure 


Canady 


Harvey 


Miller 


Cboate 


Hay 


Northcott 


CoDfltable 


Heacoek 


Palmer of MarshaU 


Croas of Winnebago 


Holmes 


Pinckney 


Church 


Hurlbut 


Rives 


ChnrchiU 


Judd 


Swan 


Davis of McLean 


Enapp of Jersey 


Spencer . 
Sherman 


Dawson 


Knapp of Scott 


Deitz 


Kenner 


Servant 


Dunlap 


Knowlton 


Sibley 


Dunn 


Knox 


Smith of Macon 


Dunsmoie 


Lander 


Tnomas 


Edwardii of Madison 


Lemon 


Thornton 


Edwards of Sangamon 


Lockwood 


TurnbuU 


Eccles 


Logan 


Turner 


Edmonson 


Loudon 


Vance 


Grail am 


McCallen 


Whitney 


Geddes 


McClure 


Woodson. 


Green of Clay 


Marshall ot Coles 




Those voting in the 


negative, are. 




Mr. Akin 


Mr. Evey 


Mr. Palmer of Macoopin 


Allen 


Far»vell 


Pratt 


Armstrong 


Grei^g 
Hatch 


Rob bins 


Atberton 


Robinson 


Blair 


Hayes 


Roman 


Brockman 


Henderson 


Rountree 


Bond 


Hill 


Scates 


Bosbyshell 


Hoes 


Sharpe 


Brown 


Hogae 


Stadden 


Bunsen 


James 


Shields 


Butler 


Kreider 


Sim 


Crain 


Kinney of St. Clair 


Simpson 


Caldwell 


Lasater 


Sin£:ieton 


Campbell of McDonough Li nley 


Smith of GallaUa 


Carter 


>!c Cully 


Shu in way 


F. S Casey 


Manly 


Tutt 


Z. Casey 


Markley 


Webber 


Colby 


MoffVtt, 


West 


Cross of Woodford 


Morris 


Williams 


Cloud 


Mchols 


Witt 


Davis of Massac 


Oliver 


Whiteside 


Dement 


Pace 


Worcester. 



Digiti 



zed by Google 



August 9.] JOURNAL OF THE CONVENTION. 285 

Mr. Geddes moved to amend the amendment by insertiiig the follow- 
ing immediately before the proviso: 

^'The legislature shall pass laws imposing adequate penalties on the 
circalation of the paper of banks located out of this state, and making void 
all contracts the consideration of which is the paper of 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. .^^"T^n^^TT^ 

On motion, /^ ^ of T^rT ^ " . 

The convention adjourned. ( U^I 7' 7 ri r . ; 

MONDAY, August 9, 1847. 

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 tho 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. EccIcf, 
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 absence was granted to Mr. W. C. Kinney for eight.days. 

On motion of Mr. Worcester, 
Leave oi 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. Ghoate for eight davf* 

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. Jonkinf for two days. 

On motion of Mr. Kountree, 
Leave of absence was granted to Mr. J. M. Davis for two days. 



Digiti 



zed by Google 



28G 



JOURNAL OF THE CONVENTION. [August 



On motion of Mr. Dawson, 
The absentees were called, in order to receive their excuses* 

On motion of iMr. A. R. Knapp, 
Mr. Dale was excused in consequence of sickness. 

On motion of iMr. W. B. Green, 
Mr. T. Campbell was excused in consequence of sickness. 

On motion of Mr. Holmes, 
Mr. H. R. Green w^is excused in consequence of sickness. 

On motion of Mr. Pratt, 
Mr. Singleton was excused In consequence of illness. 
The absentees not h<iving leave of absence, or excused in consequence 
of sickness, are, 

Messrs. Ballmgall, Bond, Brown, Constable, C. Edwards, Logan, North- 
cott, Peters, and Mr. President — 9* 
On motion of Mr. Caldwell, 
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 for a division, so as to vote first on rc/erring the 
amenHment to the amendment. 

The question was taken, and the convention refused to divide the ques- 
tion. 

The question was then taken, bj yeas and naj8,on referring the amend- 
ment and the amendment oflfercd thereto, to the committee on Incorpora- 
tions, 



And decided in the negative, 



JYeas, 

(Nays, 



63 

77 



Those voting in the affirmative, are, 



Mr. Adams 


Mr. Hay 


Anderson 


Heacock 


Blakely 


Holmes 


Canady 
Church 


Hurlbut 


Jackson 


Churchill 


Judd 


R. J, Cross 


Kenner 


D. Davis 


A. R. Knapp 


Dawson 


N. M. Knapp 


Deitz 


Knowlton 


Dunlap 


Knox 


Dunsmore 


Lander 


Eccles 


Lemon 


C. Edwards 


J^ckwood 


N. W. £dwards 


McCalien 


Frick 


F. S. D. ManhaU 


Graham 


T. A. Marshall 


Geddes 


Mason 


Harding 


Matheny 


Harlan 


Mieura 


Harper 


Miller 



Mr. Minshall 

H. D. Palmer 

Pinckney 

Rives 

Robbins 

Servant 

Sherman 

Shields 

Sibley 

£. O. Smith 

Spencer 

Swan 

Thomas 

Thornton 

Trower 

TurnbuU 

Turner 

Tuttle 

Vance 

West 

Whitney. 



Digiti 



zed by Google 



August 9.] JOURNAL OF THE CONVENTION. 

Those voting in the negative, are, 

Mr/ Akin 
Alien 
Armstrong 
Atberton 
Blair 
Bond 

Boshjsihell 
Brock man 
Brown 
Bunsen 
Butler 
Caldwell 
J. M. Campb«n 
Carter 
F. S. Casey 
Z. Casey 
Colby 
Constable 
Crain 

8. J. Cross 
T. G. C. DaTii 
Dement 
Dunn 
Edmonson 
Farwell 
P. Green 

The question was then taken, by yeas and nay^, on referring the 
amendment to a select committee of nine. 



Mr. W. B. Green 


Mr. Nichols 


Gregg 


Oliver 


Harvey 


Pace 


Hatch 


J. M. Palmer 


Hawleyl 


Peters 


Hayes 


Powers 


Henderson 


Pratt 


Hill 


Robinson 


Hoes 


Roman 


Hogue 


Rountree 


Huston 


Scates 


James 


Sharpe 


Kitchen 


Shumway 


Kreider 


Sim 


Lasater 


Simpson 


Laugh lin 


Singleton 
J. Smith 


Linley 


Loudon 


Stadoen 


McCully 


Thompson 


McClure 


Tult 


McHatton 


Webber 


Manly 


Williams 


Maikle> 


Witt 


Moffett 


Whiteside 


Moore 


Worcester. 


Morris 





Mr. Akin 

Allen 

Armstrong 

Atherton 

Blair 

Bond 

Bosbyshell 

Brockman 

Brown 

Bunsen 

Butler 

Caldwell 

J. M. Campbell 

Carter 

F. S. Casey 

Z. Casey 

Chnrchill 

Colby 

Constable 

Crain 

8. J. Cross 

T. G. C. Davis 

Dnnn 

N. W. Edwards 



T;rmnf;i70 ) * ®*'» 


• • • • 


71 


firmative, ^^^^^^ 


• • • • 


67 


ffirmative, are, 






Mr. Farwell 


Mr. Moore 




Frick 


Morris 




Geddes 


Nichols 




P. Green 


Oliver 




Gregfir 


Pace 




Hayes 


H. D. Palmer 




Henderson] 


J. M. Palmer 




Hill 


Peters 




Hoes 


Pratt 




Huston 


Robinson 




Jackson 


Rountree 




Jamefl 


Scates 




Kitchen 


Sharpe 




Kreider 


Shumway 




Lasater 


Simpson 




Laug:alin 


J. Smith 




Lin'ey • 


Stadden 




Lock wood 


Thompson 




McCallen 


Tutt 




McCully 


Webber 




McClure 


Williams 




Maikley 


Whiteside 




Ma!>on 


Woodson. 




Moffett 







Digiti 



zed by Google 



388 JOURNAL OF THE CONVENTION. [August 9- 

Those voting in the negative, are, 



Mr. Adams 
Anderson 
Blakely 
Canady 
Cburcti 
K. J. Cross 
D. Davis 
Dawson 
Deitz 
Dement 
Dun lap 
Dunsmore 
Eeeles 
Edmonson 
C. Edwards 
Graham 
W. B. 6i«en 
Harding 
Harlan 
Harper 
Harvey 
Hatch' 
Hawley 



Mr. Hay 
Heacock 
Hoeue 
Holmes 
Hurlbut 
Judd 
Kenner 
A. R. Knapp 
N. M. Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Loudon 
Manly 

F. S. D. Marshall 
T. A.4MarshaU 
Matheny 
Mieure 
Miller 
Minshall 
Pinckney 



Mr. Powers 
Rives 
Robbins 
Servant 
Sherman 
Shields 
Sibley 
Sim 

Singleton 
£. O. Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbuli 
Turner 
Tuttle 
Vance 
West 
Witt 
Whitney. . 



On motion of Mr. N. W. Edwards^ 

The vote last -taken was reconsidered, when, 

Mr. Caldwell withdrew his motion to refer the amendments to a se- 
lect committee, and also withdrew his amendment 

Mr. Caldwell offered the following as an amendment to the 23d section, 
as amended: 

^Sec. — • The general assembly, shall be forever prohibited from passing 
any private, special, or general law, renewing, extending, or in anywise 
creating or authorizing the exercise of banking powers or privileges with* 
in this slate; Provided^ that this clause be submitted as a separate section 
to the people at the election held for the adoption of this constitution; 
and if such clause as a separate section shall be adopted by a naajority of 
the votes cast for and against it, then the same shall become a part of this 
constitution, and supersede all provisions in this constitution to the contra* 
ry, otherwise to be void." 

Mr. Caldwell moved that the main question be now put. 

The question was taken, by yeas and nays, on ordering the main ques- 
tion, 



And decided in the negative, 



5 Yeas., 
(Nay., 



65 

74 



Those voting in the affirmative, are, 



Mr. Akin 
Allen 
ArastfODf 
Atherton 
Blair 
Bosbyshen 



losbyshen 
Iroekman 



Mr. Brown 
Bansen 
Butler 
CaldweU 
J. M. Campbell 
Carter 
F. 8. Casej 



Mr. Z. Casey 
Colby 
Constnbte 
Crain 

& J. QrMt 
T. G. C. Davis 
Dement 



Digiti 



zed by Google 



August 9.] JOURNAL OP THE CONVENTION. 



289 



Mr. Farwell 
Frick 
G«W 
Hayes 
HendeiMD 
Hill 
Hoet 
Hogue 
Huston 
James 
Xitcbell 
Kreider 



LanchliA 
LiJDby 



Mr. Adams 
Anderson 
Blakelf , 
Canadv 
Chorcb 
Churchill 
R. J. Cro« 
D. Davis 
Dawson 
Deitz 
Donlap 
Dansmors 
Eccles 
Edmonson 
C. Edwards 
N. W. Edwards 
Graham 
Geddes 
P. Green 
W. B. Green 
Harding 
Harlani 
Harper 
Hanref 
Hatch 



Mr. MeCnlly 


Mr. Roman 


McClure 


Rountree 


McHatton 


Scates 


Markley 


Sharps 


Mofiett 


Sim 


Moon 
Morris 


Simpson 
J. Smith 


Nichols 


Stadden 


Oliver 


Thompson 


Pace 


Tutt 


J. M. Palmer 


Webber 


Peters 


Witt 


Powera 


Whiteside 


Pmtt 


Worcester. 


Robinson 




legative, are, 




Mr. Hawley 


Mr. Minshall 


Hay 


H. D. Pelmer 


Heacock 


Pinckney 


Holmes 


Rives 


Hnrlbot 


Robbins 


Jackson 


Servant 


Judd 


Sberman 


Kenner 


Shields 


A. R. Knapp 


Shumway 


N. M. Knapp 


Sibley 


Knowlton 


Singleton 


Knox 


E. 0. Smith 


Lander 
Lemon 


Spencer 
Swan 


Lockwood 


Tbomas 


Logan 


Thornton 


Loudon 


IVower 


McCallen 


TUmbull 


Manly 


Tniner 


F. 8. D. Marshall 


Tnttie 


T. A. Marshall 


Vance 


Mason 


West 


Matbeny 


WilKams 


Mieure 


Whitney. 


Miller 





Mr. Geddes moved to amend the amendment bj inserting before the 
proviso the following: 

^The legislature shall pass laws imposing adequate penalties on the cir^ 
culation of the paper of banks located out of this stdte, and making void 
all contracts, the consideration of which is the paper of such bankf^ and 
all payments made in the notes of such banks.** 
On motion of Mr. Adams, 

The main question was ordered, when, 

Mr. Caldwell withdrew the amendment. 

The question was then taken on the adoption of the 23d section, as 
amended, and decided in the affirmative. 

Mr. Williams moved to amend the 24th section by adding thereto the 
following: 

^ No banking powers or privileges shall be granted either by general 
or special acts of incorporation. All coutractsy the consideration of 
19 



Digiti 



zed by Google 



390 



JOURNAL OF THE CONVENTION. [August 9. 



which is the paper of banks located out of this state, and ail pajmenls 
made in the notes of such banks shall be absolutely void, and the legisla- 
ture shall pass laws imposing adequate penalties on the circulation of the 
notes and paper of such banks within this state.'' 

The foregoing clause shall be separately submitted to a vote of the 
people, and if voted for by a majority of all voting on the question, it 
shall be a part of the constitution and not otherwise. 

Mr. Hayes moved to amend the amendment by substituting therefor 
the following: 

^* The question of '< banking " shall be submitted to the people when 
they shall vote on the adoption of this constitution, and if the majority 
of those voting on the question shall vote for banking, then the general as- 
sembly may pass banking laws under the restrictions contained in this con- 
stitution, but if the majority voting on the question shall not vote for bank- 
ing, then no person, corporation, or association of persons shall be allow- 
ed to manufacture or emit any paper intended to circulate as paper 
money." 

The question was taken^ by yeas and nays, on the adoption of the sub- 
stitute, 



And decided in the negative, . 



(Yeas, 
(Nays, 



59 
80 



Those voting in the affirmative, are, 



Mr. AkiD 


Mr. Farwell 


AUen 


Halcl 


Armstrong 


Athenon 


Hawley 


Blair 


Hayes 


BosbysheH 


Henderson 


Brockman 


Hill 


Brown 


Hoes 


Bunsen 


Hogue 


Butler 


James 


Caldwell 


Kitchen 


J. M. CampbeH 


Kreider 


Carter 


Lasater 


F. S. Casey 


Lau^htin 


Z. Casey 


Linley 


Colby 


McCully 


Crain 


McHatton 


8. J. Cross 


Markley 


T. G. C. DaTis 


Moffett 


Dement 


Moore 


Those voting in 


the negative, are, 


Mr. Adams 


Mr. D. Davis 


Anderson 


Dawson 


Blakely 


Deitz 


Bond 


Dunlap 


Ganady 
Church 


Dunn 


Dunsmore 


ChurehUt 


Eccles 


Constable 


Edmonson 


R. J. Croas 


C. Edwards 



Mr. Morris 
Nichols 
Oliver 
Pace 

J. M. Palmer 
Powers 
Robinson 
Roman 
Rountree 
Acates 
Shumway 
Sim 

Simpson 
J. Smith 
Stadden 
Thompson 
Tutt 
Wilt 
Worcester* 



Mr. N. W. Edwards 
Frick 
Graham 
Geddes 
P. Green 
W. B. Green 
Harding 
Harlan 
Har|>er 



Digiti 



zed by Google 



August 9.] JOURNAL OP THE CONVENTION. 



291 



Mr. Manly 


Mr. Shields 


F. 8. D. Marshall 


Sibley 


T. A. Manhall 


Singleton 


Mason 


£. 0. Smith 


Matheny 


Spencer 


Mieuie 


Swan 


Miller 


Thomas 


Minshall 


Thornton 


Northcott 


Trower 


H. D. Palmer 


Turnbull 


Peters 


Turner 


Pinckney 


Tattle 


Pratt 


Vance 


Rives 


Webber 


Robbins 


West 


Servant 


Williams 


Sharpe 


Whiteside 


Sherman 


Whitney. 



Mr. Hanrev 
Hay 

Heacock 

Hurlbat 

Huston 

Jackson 

Judd 

Kenner 

A. R« Knapp 

N. M. Knapp 

Knowlton 

Knox 

Lander "* 

JLemon 

liockwood 

Loudon 

MeCallen 

McClore 

On motion. 

The question was taken on adjourning until three o'clock, p. m., and 
decided in the negative. 

Mr. Caldwell proposed to] amend the amendment bj substituting there- 
for the following: 

" Sbc. — • The general assembij shall be forever prohibited from pass- 
ing anj private, special, or general laws, renewing, extending, or in anj- 
wise creating or authorising the increase of banking powers or privileges 
within this state; Provided, that this clause be submitted as a separate 
section to the people at the election held for the adoption of this consti- 
tution; and if such clause, as a separate section, shall be adopted by a 
majority df the votes cast for and against it, then the same shall become 
a part of this constitution, and supersede all provisions in this constitu- 
tioo to the contrary, otherwise to be void. The general assembly shall 
pass laws imposing adequate penalties on the circulation of the paper of 
banks located out of this state, and making void all contracts, the consid- 
eration of which is the paper of such banl^,and all payments made in the 
notes of such banks; Provided^ that this clause shall be submitted as a 
separate section to the people at the election held for the adoption of this 
constitution, and if such clause, as a separate section, shall be adopted by 
a majority of all voting for and against it, then the same shall become a 
part of this constitution, otherwise to be void." 

Mr. Shields moved that the convention adjourn until three o'clock, 
p. v. 

The question wa^ taken, and decided in the negative. 
On motion of Mr. Constable, 

The previous question was ordered. 

The question was taken, by yeas and nays, on agreeing to the substi- 
tute, 



(Yeas, 



And decided in the negative, J jjj. ' 



56 
85 



Digiti 



zed by Google 



393 



JOURNAL OP THE CONVENTION. ^August 9. 



Those ToUng in the affirmative, are. 



Mr. AkiD 


Mr. T. G. C. Davis 


Mr. OUTer 


Allen 


Dement 


Pace 


Armstrong 


Farwell 


J. M. Palmer 


AtheitoD 


GKgg 


Powers 


Blair 


Hayes 


Pratt 


Bond 


Henderson 


Robinson 


Botbjfhell 
Broekman 


Hill 


Roman 


Hoes 


Roontrec 


Brown 


James 


Scates 


Bunten 


Kreider 


Sharpe 


Butler 


Lasater 


Sim 


CaldweH 

J. M. CampbeD 


LanghUa 
Linfiy 


J. ^Ok 


Carter 


McCuUy 


Btadden 


F. 8. Casey 


MeHattott 


TbompsoD 


Z. Caaer 


Markle> 


Tult 


Colby ' 


Moffett 


Webber 


CraiD 


Morris 


Whiteside. 


& J. CroM 


Nichols 




Tboie TOting in 


the negative, are^ 




Mr. Adamff 


Mr. Hay 


Mr. Moore 


AndenwD 


Haaeoek 


Korthcott 


Kakelj 
CanadT 
CharcB 


Hocue 
Holmes 


H. D. Palmer 

Peters 


Hnrlbut 


Pinckney 


ChnrchiU 


Huston 


RiTes 


Conatable 


Jackson 


Robbins 


R.J. CroM 


Judd 


Servant 


]>. Dam 


Kenner 


Sherman 


SawsoD 


Kitchen 


Shields 


BeitB 


A. R. Knai^ 


Shumway 


Danlap^ 


K. M. Knapp 


S^'^y 


Bonn 


Enowlton 


Singleton 


Dunsmor* 


Knox 


E. O. Smith 


£celee 


Lander 


Spencar 


Edmonion 


Lemon 


Swan 


C. Edwards 


Lockwood 


Thomas 


N. W. Edward* 


Loudon 


Thoraton 


Frick 


McCallen 


Trower 


Graham 


McClura 


Tumbutt 


Geddes 


Manly 


Turner 


P. Gr«en 


F. & D. MarshaU 


TntUa 


W. B. Gr«en 


T. A. Maishali 


Vance 


Harding 


Mason 


West 


Harlan 


Matheny 


Wniiama 


Harper 


Mieura 


Witt 


Harrej 


Miller 


Whitney. 


Hatch 


Minshall 


Worcester. 



Hawley 

The ouestian recurred on adopting the amendnnent of Mr. Williame. 

Mr. Caldwell called for a division, so as to vote separately on the first 
proposition. 

The question was taken, and the convention refused to order a divi* 
sion. 

The question was taken, by yeas and nays, on the amendment, 



And decided in the negative, j JjJJ 



68 
72 



Digiti 



zed by Google 



August 9.] JOURNAL OP THE CONVENTION. 
Those voting in the affirmative, are^ 



293 



JCr. Akin 


Mr. Hawley 


Mr. J. M. Palmer 


Allen 


Hayes 


Peters 


Bond 


Henderson 


Pinekney 


BosbTshell 
Brockman 


Hill 


Pratt 


James 


Robinson 


Brown 


Knox 


Roman 


Bonsen 


KMider 


Seates 


Butler 


Lasater 


Sharpe 


Caldwell 


linley 


Sim 


J. M. Campbell 


Lockwood 


Simpson 
J. Smith 


Carter 


Loudon 


F. S. Caie/ 


McCully 


Stadden 


Z. Caaey 


McHatton 


Swan 


Churchill 


Markley 


Thompson 


Colby 


Matheny 


Tomer 


Constable 


Miller 


Tutt 


Crain 


Moffett 


TutUe 


S. J. Cross 


Moora 


Webber 


D« Davii 


Morris 


West 


Dement 


Nichols 


Williams 


Farwell 


Northcott 


Whiteside 


S"?5 


Oliver 


Whitney* 


Hardin|[ 


Pace 




Those voting in 


the negative, are, 




Mr. Adams 


Mr. Harper 


Mr. T. A. Marshall 


Anderson 


Harvey 


Mason 


Armstrong 


Hatch 


Miettre 


Atherton 


Hay 


Minshall 


Blair 


Heacock 


H. D. Palmer 


Blakely 


Hoes 


Powers 


Canady 
Chorch 


Hoffue 
Holmes 


Rives 


Robbins 


B. J. Gross 


Hnrlbut 


Rountree 


Dawson 


Huston 


Servant 


Deitz 


Jackson 


Sherman 


Dunlap 


Judd 


Shields 


Dunn 


Kenner 


Shomway 


Dnnsmore 


Kitchell 


Sibley 


Eccles 


A. R. Knapp 


Singleton 
E. 0. Smith 


£dmonson 


N. M. Knapp 


C. Edwards 


Knowlton 


Spencer 
Thomas 


N. W. Edwards 


Lander 


Frick 


Laughlin 


Thornton 


Graham 


Lemon 


Trower 


Geddes 


McCallen 


Tnmbull 


P. Green 


McClure 


Vance 


W. B. Green 


Manly 


Witt 


Harlan 


F. S. D. ManhaU 


Worcester. 



On motion, 
The convention adjourned until three o'clock, f. m« 



Digiti 



zed by Google 



204 



JOURNAL OF THE CONVENTION. [Augvst 9. 

m 
THREE o'clock, P. M. 



The convention met pursuant to adjournment, and was called to order 
by the president. 

Mr. Markley moved to reconsider the vote taken this morning on the 
amendment of&red by Mr. Williams to the 24th section. 
On motion of Mr. Markley, 

A cffll or the convention was ordered. 

The call having been proceeded in for some time, when it appeared 
that the following members were absent: 

Messrs. Archer, Ballingall, Bond, Bosbyshell, Butler, T. Campbell, Car- 
ter, Choate, Dale, J. M. Davis, Dummer, Evey, H. R. Green, Gregg, 
Grimshaw, Heacock, Hogue, Hunsaker, Huribut, Jenkins, Jones, S. Kin- 
ney, W. C. Kinney* Logan, Norton, Peters, Roman, Servant, Vernor, 
Wead, and Woodson — 31. 

The question was taken, by yeas and nays, on the motion to reconsider, 

• • • • do 
71 



Mi, Pinckn«y 
Pratt 
Robinfon 
Roman 
Rountree 
Scates 
J. Smith 
Sladden 
Thomas 
Thompson 
Thornton 
Tutt 
Tuttle 
Williams 
Whiteside 
Whitney 
Mr. President. 



Mr. Harvev 
Hatch' 
Hawler 
Hay 
Hill 
Hoes 
Hoffue 
Holmes 
Huston 
Kenner 
Kitcbell 



And decided in 


the* negative, {Jeaj 


Those voting in 


the affirmative, are, 


Mr. Akin 


Mr. Huston 


Brockman 


James 


Brown 


Jadd 


Bunsen 


A. R. Knapp 


Caldwell 


Knowlton 


J. M. CampbeU 


Knox 


F. S. Casey 


Kreider 


Z. Casey 


Lander 


Church 


Lasater 


Churchill 


Linley 


Crain 


McCuHy 


8. J. Cross 


Markley 


D. Davi» 


Matheny 


T. G. C. DaTis 


Miller 


Geddes 


Moore 


Harding 


Oliver 


Pace 


Harper 


J. M. Palmer 


Hayes 




Those voting in 


the negative, are, 


Mr. Adama 


Mr. Dunn 


Allen 


Dunsoiore 


Anderson 


Eccles 


Armstrong 


Edmonson 


Atherton 


C. Edwards 


Canady 


N. W. Edwards 


Colby 


Prick 


Constable 


Graham 


Dawson 


P. Green 


Dement 


W. B. Green 


Donlap 


Harlan 



Digiti 



zed by Google 



Mr. MiDsball 


Mr. Sim 


Moffett 


Simpson 
Singleton 
E. 6. Smith 


MoiriB 


Nichols 


Northcott 


Spencer 


H. D. Palmer 


Swan 


Powers 


Trower 


Rives 


Turner 


Robbins 


Vance 


Sherman 


Webber 


Shields 


Witt 


Shumway 


Worcester. 


Sibley 





Augu8l9.] JOURNAL OP THE CONVENTION. 296 

Mr. N. M. Knapp 
JLaoghlin 
Lemon 
Lockwood 
London ' 

McCallea 
McClar€ 
McHatton 
Manly 

F. S. D. Marshall 
T. A. Marshall 
Mason] 
Mieure 

The question was taken on (be adoption of the 24th section, and deci- 
ded in the affirmative. 

The question was taken on concurring with the committee of the whole 
in the amendments made to the 25th section, and decided in the affirma- 
tive. 

The question was taken on the adoption of the 25th section, as amend- 
ed, and decided in the affirmative. 

On motion of Mr. F. S. D. Marshall, 

The 26th section was amended by adding thereto the words '^ and also 
an oath of office." 

The question was taken on the adoption of the 2Cth section, as amend- 
ed, and decided in the affirmative. 

Mr. Scates moved to amend the 27th section bj adding thereto the fol- 
lowing: 

'* The legislature shall have power: — 

**To lay and collect taxes, imposts and exciies, to pay the debts, and 
provide 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, or abolishment of the principles of the common law, of 
equity, maratime, or mercantile law; 

**To deGne and provide for the trial and punishment of crimes and mis- 
demeanors, and regulate the general police of the state; 

^^To provide forihe due administration of justice, the execution of laws, 
and the enforcement of the decisions of courts of justice, and such other 
tribunals as may be established; 

*^ To regulate the rules of practice, and of evidence, the mode of insti- 
tuting suits and proceedings against the state, the people thereof, and cor- 
porations in or out of the state; 

*'To exempt from attachment, execution and sales 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, intes- 
tates, the administration, the distribution and settlement of estates, and the 
rules for ascertaining and defining and enforcing all contracts relative to 
jiroperty, real or personal, or to individuals or corporations; 

^^To define and regulate the relation and duties of husband and wife, 
parent and child, guardian and ward, and master and servant; 



Digiti 



zed by Google 



898 JOURNAL OP THE CONVENTION. lAngtui 9. 

^To establish and regulate counties, towns, cities, and districts, and rules 
for the municipal government therein ; 

**To regulate insolvencies; 

*'To regulate elections; 

^' To establish and regulate roads, ferries, and toll-bridges, and internal 
improvements: 

^*To rcgulate4he waters of the state and internal commerce; 

'*To encourage agriculture, the mechanic arts, and manufactures; 

<^ To promote general education, the progress of science, and the use- 
ful arts, by establishing schools, and institutions of learning, and such oth- 
er means as maj be deemed wise and expedient; 

'^To provide for organizining, arming, disciplining, and calling forth the 
militia to execute the laws of the state, suppress insurrections, or repel in- 
vasions ; 

^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 neces- 
sary for the transaction of the public business^ and the preservation of the 
archives and public records ; 

<^To regulate the administration of the several departments of state, and 
offices 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 form; 

*^To pass all laws which shall be necessary and proper for carrying into 
execution the foregoing powers, and all other powers vested by this consti- 
tution in the government of this state, or any department or officer there- 
of. All which powers shall be exercised within the limitations, restrictions, 
and prohibitions contained in this constitution; 

*^ And it is expressly declared that the government ordained and estab- 
lished by this constitution is one of limited delegated powers; and the pow- 
ers not herein delegated are reserved to the people, the source of all po- 
litical power.'' 

Mr. McGallen moved to amend the amendment by inserting in the 25th 
line, after the word *< regulate,^' the words **the rise and fall of.*' 

The question was taken, and the amendment to the amendment rejec- 
ted. 

On motion of Mr. Hay, 

The amendment was amended by inserting the following between tha 
words *• thereof," and « al!,'* in the 43d line,— 

^* To regulate interest on money; 

^' To regulate marriages, who may contract, who solemnize, dec; 

^ To regulate estrays and water craft fonnd adrift; 

*^To regulate mills and millers; 

*' To regulate divorces, what shall be cause for, and how obtained; 

*' To pass laws to suppress duelling, and punish those who may bear 
challenges, &c«; 

^*To regulate weights and measures; 

^* To provide for the maiutenauce of paupers and idiots; 



Digiti 



zed by Google 



August 9.] JOURNAL OP THE CONVENTION. 



£97 



^To establish a lunatic asylum in the ^tate* and concerning idlers and 
idiots.** 

Mr. Kenner moved to amend the amendment as amended by adding 
thereto the following: 

*^ Prtmded^ that all powers not delegated to the legislature in the con- 
stitation shall remain with the people. But the legislature shall have pow- 
er to submit any question of additional power to the people for their adop- 
tion or rejection." 

Mr. Armstrong moved to amend the amendment by adding thereto the 
following: 

*^ To regulate the passing of boats on the canals, and to pass all other 
laws in reference to the canals." 

The question was taken, and the amendment to the amendment rejec- 
ted. 

Mr. Harvey moved to amend the amendment by adding thereto the 
words ^and to pass acts of incorporation under the restrictions contained 
in this constitution." 

The question was taken thereon, and the same rejected. 
On motion of Mr. Moffett, 

The previous question was ordered. 

The question was taken, by yeas and nays, on the amendment, as 
amended, 



And decided in 


the affirmative, \f^*^ 




Those voting in 


the affirmative, are, 




Mr. Akin 


Mr.]Hogae 


, Mr. Roman 


Brown 


James 


Scates 


Bunsea 


Jadd 


Simpson 


Butler 


Kenner 


Swan 


Caldwell 


A. R. Knapp 


Thompson 


J. M. Campbell 


Kreider^^ 


Tutt 


r. 3. Casey 


Lasater 


Williams 


CoMtable 


Markley 


Witt 


C. Edwards 


Peters 


Whiteside 


Farwell 


Pratt 


Whitney. 


Harding 






Those voting in 


the negative, are. 




Mr. Adams 


Mr. Crain 


Mr. N. W. Edwanis 


Allen 


R. J. Cross 


Frick 




S. J. Cross 


Graham 


Armstrong 


D. Davis 


Geddes 


Blair 


T. G. C. Davis 


P. Green 


Bond 


Dawson 


W. B. Green 


Bosbysbell 
Brockman 


Deitz 
Dement 


. Harlan 


Canady 


Danlap 


Harper 


Carter 


Dunn 


Har?ey 


Z. Casey 


Dunsmore 


Hatch 


Church 


Eccles 


Hawley 


Cborcbill 


Sdmonson 


Hay 



31 
103 



Digiti 



zed by Google 



3d8 



JOURNAL OF THE CONVENTION. [Augmt 9. 



Mr. HajM 


Mr. F. S. D. Marshall 


Mr. Sharpe 


Heacock 


T. A. Marshall 


Sherman 


Henderson 


Mason 


Shields 


Hill 


Matheny 


Shumway 


Holmes 


Miller 


Sibley 


Hurlbat 


Minshall 


Sim 


Haston 


Moffett 


Singleton 


Jackson 


Moore 


£. O. Smith 


Kitcbeil 


Morris 


J. Smith 


N. M. Knapp 


Nichols 


Spencer 


Knowlton 


Northcott 


Stadden 


Knox 


Oliver 


Thomas 


Lander 


Pace 


Thornton 


Laughlin 


H. I>. Palmer 


Trower 


Lemon 


J. M. Palmer 


TurnbuU 


Ijockwood 


Powers 


Turner 


Loudon 


Rives 


Tuttle 


McCallen 


Bobbins 


Vance 


McCully 


Robinson 


Webber 


McClore 


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 Questio!! was taken on the adoption of the 28th section, and deci- 
ded in the affirmative. 

Mr. Crain moved to amend the next succeeding blank section by ad* 
ding thereto the /ollowing: 

**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 


1 the 


negative. 


sYeas, 

1 Nays, 


• • • 


48 

81 


Those voting in 


the affirmative, are. 






Mr. Armstrong 




Mr. Gregg 




Mr. Morris 




Blair 




Haivey 




Oliver 




Bosbyshell 
Brockman 




Hatch 




Pace 






Hawley 




Powers 




Bunsen 




Hayes 




Pratt 




Butler 




Hifl 




r Robinson 




Caldwell • 




Hogue 




Rountree 




J. M. Campbell 




Huston 




Scates 




Carter 




James 




Shields 




F. S. Casey 




Kreider 




Shumway 




Z. Casey 
Crain 




Lasater 

Laughlin 

McCully 




Simpson 
Stadden 




S, J. Cross 






Thompson 




T. G. C. Davis 




McHatton 




Tutt 




Dement 




Manly 
Markley 




Witt 




Farvrell 






Whiteside 












Mr. President 





Digiti 



zed by Google 



August 9.] JOURNAL OF THE CONVENTION. 



299 



Those who voted in the negative^ are. 



Mr. Adams 
Akin 
Allen 
Anderson 
Brown 
Canady 
Church 
Churchill 
Constable 
R. J. Cross 
D. Dayis 
Dawson 
Deitz 
Dunlap 
Dunn 
Dunsmore 
Eccles 
Edmonson 
C. Edwards 
N. W. Edwards 
Frick 
Graham 
Geddes 
P. Green 
W. B. Green 
Harding 
Harlan 
Harper 



Mr. Hay 
Heacock 
Henderson 
Holmes 
Hurlbut 
Jackson 
Judd 
Kenner 
Kitchen 
A. R Enapp 
N. M. Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Loudon 
McCallen 
McCIure 

F. S. D. Marshall 
T. A. Manball 
Mason 
Matheny 
Misure 
Miller 
Minshall 
Moffett 
Moore 



Mr. Nichols 
Korthcott 
H. D. Palmer 
Peters 
Rives 
Robbins 
Roman 
Servant 
Sharpe 
Sherman 
Sibley 
Sim 

Singleton 
£. O. Smith 
J. Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
TumbuU 
Turner 
Tuttle 
Vance 
Williams 
Whitney 
Worcester. 



The qnestioD 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 Kne, 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 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 of Mr. Scales, 

The same section was amended by striking out all after the first word 
"itate," 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 first 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 



Digiti 



zed by Google 



300 



JOURNAL OP THE CONVENTION. IJSttiguU 9. 



whofe, ia the amendment made to the 30th sectiont 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 Sist section, and decided in the 
negative. 

The question was taken on concurring with the same committee, in 
the second amendment made to the Slst 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 '^exennptions," in the 5th line, and the 
word*^aw," in the 7th line, inclusive. 

The question was taken, hj yeas and najs, on tfae adoption of the 
amendment, 



And decided in 


the 


negative, JJJjj;; 


27 
102 


Those voting in 


the affirmative, are. 




Mr. Akin 




Mr. T. G. C. Davis 


Mr. OliTer 


Bosbyshell 




Farwell 


Pace 


Caldwell 




Gregg 


Peters 


J. M. Campbell 




Henderson 


Pratt 


Carter 




Kreider 


8im 


F. S. Casey 




Lasater 


J. Smith 


Colby 




McCully 


sudden 


CraiD 




McClure 


Thompson 
Mr. President. 


8. J. Crofs 




Markley 


Those voting in 


the 


negative, are. 




Mr. Alien 




Mr. N. W. Edwards 


Mr. K. M. Knapp 


Anderson 




Frick 


KnowUon 


Armstrong 




Graham 


EnoK 


Blair 




Geddes 


Lander 


Bond 




P. Green 


Laugh lln 


Brockman 




W. B. Green 


Lemon 


Brown 




Harding 


Lockwood 


Bunsen 




Harlan 


Loudon 


Butler 




Harper 


McCallen 


Canady 




Harvey 


McHaUon 


Z. Casey 




Hatch 


Manly 


Cbnreh 




Hawley 


F. S. D. MarshaU 


Churcbill 




Hay ^ 


T. A. Marshall 


Constable 




Hayes 


Mason 


R. J. Cross 




Heacock 


Mstbeny 


D. Davis 




Hill ^ 


Mieure 


Dawson 




Hoeue 
Holmes 


Miller 


Deitz 




Minshall 


Dement 




Hurlbut 


Moffett 


Dunlap 




Jackson 


Moore 


Dunn 




James 


Morris 


Dunsmore 




Judd 


Northcott 


Eccles 




Kenner 


H. D. Palmer 


Edmonson 




Kitchell 


Pinckney 


C. Edwards 




A. IL Knapp 


Powers 



Digiti 



zed by Google 



August 10.] JOURNAL OP THE CONVENTION. 301 

Mr. Rives Mi. SiDgletAn Mr. Tattle 

RobbiDfl £. O. Smith YBnce 

Robinoon Spencer Webber 

Rountree Swan West 

Scates Thornton Williams 

Servant Tirower Witt 

Sbielda Tnmball Whiteside 

Sbomwajr Tomer Whitnejr 

Simpson Tutt Worcester. 

Mr. Scates moved to amend the same section, bj inserting after the 
word ^Maw/' in the 7th line^ the words **Provided, the foregoing provi- 
sions shall not be construed to extend to corporations.^' 

The question was taken, and decided in the negative. 
On motion of Mr. Scates, 

The last vote was reconsidered. 

Mr. Shields moved to reconsider the vote on concurring with the com- 
mittee of the whole, on striking out part of the section. 
On motion of Mr. Constable, 

The rules were suspended for the time, when he introduced the follow- 
ing resolution; which was adopted: 

Resolvedy That the use of this hall be allowed to Charles H. Gaylor, 
Esq., for Wednesday evening next, for the delivery of an introductory 
lecture on the subject of human magnetism, and that he be allowed the 
use of the senate chomber for the delivery of an entire course of lectures 
on that subject. 

On motion. 

The convention adjourned. 

TUESDAY, August 10, 1847* 

The convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Palmer of Marshall, a member. 

The journal of yesterday was read, 

Mr. Bobbins presented the petition of K. H. Richardson and three 
others, citizens and qualified voters of the state of Illinois, praying for an 
exemption of a homestead of 160 acres of land, or a town lot of one acre, 
with the improvements, from mortgage and forced sale, for any debt or 
liability entered into from and after the adoption of the constitution; also, 
that provision be made to secure families a more liberal amount of personal 
property. 

The reading was dispensed with, and 
' Mr. Robbins moved to refer the petition to the committees on Law 
Reform and Miscellaneous Subjects and Questions, with instructions to 
report an article as an amendment to the constitution* to be submitted to 
the people separately, and to contain in substance the following propo- 
sition, to wit: 

From and after the first day of January, 1849, a homestead to each and 
every family in the state, consisting of a farm not exceeding eighty acres 
of land, not exceeding in value eight hundred dollars; or a town or city 



Digiti 



zed by Google 



302 



JOURNAL OF THE CONVENTION. [Augml 10. 



lot wiih its appurtenances, not exceeding in value eight hundred dollars, 
shall forever be exempt fron) execution and from all liability whatever, 
in consequence of debts thereafter contracted. 
On motion of Mr. Robbins, 

The subject washiidon the table. 

Mr. Bond moved that the rules be temporarily suspended to enable him 
to introduce a resolution. 

The question was taken, and the convention refused to suspend the 
rules. 

Mr. Hayes made a like motion. 

The question was taken, and tho convention refused to suspend the 
rules. 

The question pending, when the convention adjourned on yesterday, 
was on the motion of Mr. Shields to reconsider the Tote taken on concur- 
ring with the committee of the whole, in striking out a portion of the 31st 
section; which was taken and decided in the affirmative. 
On motion of Mr. Williams, 

The snme section was amended by striking out all after the word 
*^pa88," in the 7th line. 

On motion of Mr. Scates, 

The same section was amended by adding after the words Hhe general 
assembly shall have no power to," the words "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." 

The question was taken, by jeas and nays, on the adoption of the sec* 
tion, as amended, 



And decided in 


the 


'^"' {^t^ 


• • • • 

• « • • 


53 
80 


Those voting in 


the affirmative, are, 






p. Bond 




Mr. Hawley 


Iff. H. D. Palmer 




Brockman 




Heacock 


Pratt 




Bunsen 




Hill 


Robinson 




Butler 




Hogue 


Roantree 




Caldwell 




Huston 


Scates 




J. M. Campbell 




Jamesr 


Shields 




Canady 




Kenner 


Sbumway 




Carter 




Kreider 


Sim 




F. S. Casey 




Lasater 


Simpson 




Z. Casey 




Linley 


J.Smitii 




Churchill 




McCully 


Thompsoa 
Thornton 




Colby 




McHatton 




Crain 




Markley 


Turnbull 




Demeot 




Morris 


Tutt 




Dunn 




Nichols 


Witt 




DuDsmore * 




Northcott 


Whiteside 




Ha^il^e 




Oliver 
Pace 


Mr. President 





Digiti 



zed by Google 



August 10.] JOURNAL OF THE CONVENTION. 
Those voting in the negative, are, 



303 



r. Adams 


Mr. Harper 


Mr. Miller 


Akin 


Harvey 


MinshaJl 


Allen 


Hatch 


Motfett 


AnderaoQ 


Hay 


Moore 


Armstrong 


Hajes 


Peters 


Blair 


Henderson 


Pinckney 


Blakely 


Holmes 


Powers 


Bosbysbell 


Hurlbut 


Rives 


Brown 


Jackson 


Robbins 


Church 


Jenkins 


Roman 


Constable 


Kitchen 


8harpe 


R. J. Cross 


A. R. Knapp 


Sherman 


Dale 


Knowlton 


Sibley 


Dawson 


Knox 


Singleton 


Deitz 


Lander 


£. 0. Smith 


Dunlap 


Laugh lin 


Spencer 


Eecles 


Lemon 


sudden 


Edmonson 


Lockwood 


Swan 


C. Edwards 


Logan 


Thomas 


N. W. Edwards 


London 


Trower 


Frick 


McCallen 


Turner 




McClure 


Tuttle 


Geddes 


F.S. D.Marshall 


Vance 


H. R. Green 


T. A. Marshall 


Webber 


P. Green 


Mason 


West 


• W. B. Green 


Matbeny 


Whitney 


Harlan 


Mieure 


Worcester. 



On motion of Mr. R. J. Cross, 

The amendment made by the committee of the whole to the 23d sec- 
tion was amended by striking out the word "may," and by inserting in 
lieu thereof the word '*shall." 

Mr. Thomas moved to amend the same amendment by striking out the 
word "regular/* and by inserting in lieu thereof the word "biennial.'* 

The question was taken, and the amendment rejected. 

The question was taken, on concurring with the committee in the 
amendments made to the 32d section, and decided in the affirmative. 

Mr. Lockwood moved to amend the same section by striking out the 
two first lines and the first four words of the third line. 

The question was taken, and decided in the negative. 

Mr. Peters moved to amend the same section by striking out the words 
•*and every tenth year thereafter.'* 

The question was taken, and decided in the negative. 

The question was taken on the adoption of theo2d section, as amended, 
and decided in the affirmative. 

Mr. Knowlton moved to amend the first blank section following the 
3:M section, as agreed to in committee of the whole, by striking out all 
after the word "districts," in the 4th line, and to strike out the words 
^ -shall be divided," and to insert in lieu of them the words ^'may by law 
be erected." 

On motion of Mr. Pratt, 

The previous question was ordered. 

The question 'was taken on the adoption of the amendmeni, and deci- 
ded in the aflirmati v e 



Digiti 



zed by Google 



304 JOURNAL OP THE CONVENTION. [Augmt 10. 

The qaestion was taken on the adoption of the same additional section, 
as amended, and decided in the affirmative. 

Mr. McCallen moved to reconsider the last vote taken. 

The question was taken, and decided in the negative. 

Mr. E. O. Smith moved to amend the succeeding blank section bj stri- 
king out the words ^senatorial and/' and the words* 'senator or." 
On motion, 

The convention adjourned until 3 o'clock, p. m. 

THRBB o'€»X>CK, F. M. 

The convention assembled pursuant to adjournment. 

The question pending when the convention adjourned this moming, 
was on the amendment proposed hy Mr. E. O. Smith, to amend the sec- 
ond blank section succeeding the 32d of the report of the committee on the 
Ledslative Department, as amended in committee of the whole. 

The question was taken, and decided in the negative. 

Mr. Thomas moved to amend the blank section bj striking out the 
word "not," in the 2d line, and also to strike out the words ^^ompafced 
but shall be added together and.'* 

The question was taken, and decided in the affirmative. 

Mr. Whiteside moved to amend the same blank section by adding 
thereto the following proviso: 

^^Prcfoided^ that each senatorial district shall have not less than three 
representatives; which district may be subdivided for representative dis* 
tricts." 

The question was taken, and decided in the negative. 

Mr. Deitz moved to amend the same blank section by striking oat the 
words '^has the largest white population," and to insert in lieu thereof the 
words '^including such excess would be entitled to a member.*' 

The question was taken, and decided in the negative. 

The question was taken, by yeas and nays, on concurring wi^b the 
committee of the whole, iu the adoption of th^ same blank section, as 
amended, 

And decided in the affirmative, | jj^*J .... M 

Those voting in the affirmttive, are, 

Mr. Adams Mr. R. J. Cross Mr. QeddM 

Atherton O. Davis * H. R. Oretn 

Blair Dawson P. Qreen 

Blakely Deitz W. B. Ortea 

Bond Dunsmore Hardiof 

Brown Eccles Harper 

Bunsen C. Edwards Hawlev 

J. M. Cao^beU N. W. Bdwards Hav 

Canadr- EFey Hill 

i\.^^^ ^™k Holmes 

Oraham Horlbnt 



Church 
Craia 



Digiti 



zed by Google 



August 10.] JOURNAL OF THE CONVENTION. 



305 



Mr. Huston 


Mr.Mieore 


Jackson 


Miller 


Jenkins 


Minshall 


Konner 


Moiiet 


N. M. KmpP 


Morris 


Knox 


Northcolt 


Kieider 


H. D. PalBMt 


Landtr 


Pinekney 


Lemon 


Rires 


Lockwood 


Robinson 


liOgan 


Roman 


Loudon 


ROQStlM 


McHatton 


Benrant 


Manljr 


Sharpe 


F.S. D. ManhnU 


Shumway 


T. A. Maishall 


Sibley 


Mathenj 


Sim 


Those voting in the 


negative, are. 


Mr.JMu 


Mr. Harlan 


Allen 


Hanrey 


Anderson 


Hatch 


Armstronff 
Brockman 


Hayes 


Heacock 


Henderson 


Batler 


Hoi^oe 


Caldwell 


James 


Carter 


Kitchell 


F. a Casey 


A. R. Knapp 


Chorchill 


Knowlton 


Colby 


Lasater 


8. J. Cross 


Laughiin 


T. 6. C. DaTis 


Linley 


Bement 


McCallen 


Banlap 


McCuUy 


Edmonson 


McClore 


Oregg 


Markley 



Mr. Simpson 
Siogleton 
£. O. Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
TarobuU 
Turner 
Ttattle 
Tanee 
Webber 
Williams 
Whiteside 
Whitney 
Worcester* 



Mr. Mason 
Moore 
Nichols 
Oliver 

J. M. Palmer 
Peters 
Powers 
Pratt 
Robbins 
Scates 
Sherman 
J. Smith 
Stadden 
Thompson 
Tutt 
Witt 
Mr. President. 



Mr. N. W. Edwards moved to amend the first amendment made by the 
committee of the whole to the ?3d section, by striking out the words *%e 
*'expenditaresof the government for any given period shall never/' in the 
first line, and to insert in lieu thereof the words ^each general assembly 
shall provide for all the appropriations necessary for the ordinary and 
contingent expenses of the government, until the adjournment of the 
next regular session; the aggregate amount of which shall not be increas- 
ed without a vote of two-thirds of each house, nor." 

The question was taken, and decided in the affirmative. 

The question was taken on concurring with the committee of the 
whole in the first amendment to the 33d section, as amended, and deci- 
ded in the affirmative. 

The question was taken on concurring with the same committee in the 
second amendment to the same section, and decided in the affirmative. 

The question was taken on concurring with the same committee in 
the next amendment made, by striking out the words **and ags^st it," 
and inserting in Keu thereof the words ^*members of the general,assembly,^ 
and decided in. the affirmative. 
90 



Digiti 



zed by Google 



306 



JOURNAL OF THE CONVENTION. lAvgust 10. 



Mr. Harvey moved to amend the last amendment made by the com- 
mittee of the whole to the 33d scctioo^ by inserting after the word ^'lavr,** 
in the 12ih line, the words "providing for the payment of such interest by 
such tax/' and also by inserting after the word ^^rrepealable/' in the 13th 
line, the words ^^until such debt be paid. 

The question was taken, and decided in the affirmative. 

Mr. Witt moved to amend the same amendment by striking out the 
words ** which law, providing for the payment of such interest by such tax, 
shall be irrepealable until such debt be paid.^' 

The question was taken, by yeas and nays. 



And decided in 


the negative, |Ye«. 


. 25 
. 106 


Those voting in 


the affirmative^are. 




Mr. Allen 


Mr. T. G. C- Davis 


Mr. Kreider 


Armstrong 


Demen 


Lasater 


Atherton 


EdmonsoB 


Loudon 


Brockman 


Farwell 


McCallen 


Batler 


Heacock 


Markley 


Caldwell 


Ho*ue 


Webber 


J. M. Campbell 


James 


Witt 


F. S. Casey 
Crain 


Jenkins 


Whitney. 


Those voting in 


the negative, are, 




Mr. Anderson 


Harvey 


Mr. Miller \ 


Blair 


Hatch 


Minshall 


Bond 


Hawley 


Mof[eit 


Bosbyshell 


Hay 


Moors 


Blown 


Hayes 


Morris 


Bunsen 


Henderson 


Nichols 


Canady 


HiU 


Northcott 


Zadok Casey 


Hoes 


Oliver 


Church 


Hurlbat 


H. D. Palmer 


ChurchiU 


Huston 


J. M. Palmer 


Colby 


Jackson 


Peters 


R. J. Cross 


Judd 


Pinckney 


D. Davis 


Keiiner 


Powers 


Dawson 


A. R. Knapp 


Pratt 


Dunlap 


N. M. Knapp 


Rives 


Dunn 


Knowlton 


Robbins 


Dunsmore 


Knox 


Robinson 


Eccles 


Lander 


Roman 


C. Edwards 


Lauehlin 


Roantree 


N. W. Edwards 


Lemon 


Servant 


Evey 


Lock wood 


Sherman 


Frirk 


Lo^an 


Shields 


Graham 


McCully 


Sliumway 


Of'ddes 


MrClure 


Sibley 


H. R. Green 


McHatton 


Sim 


P Green 


Manly 


Simpson 
£. 0. Smith 


W. B. Green 


F. S. D. Marshall 


Gregif 


T. A. Marshall 


Spencer 


Harrting 


Mason 


Stadden 


Harlan 


Matheoy 


Swan 


Harper 


Mieure 


Thomas 



Digiti 



zed by Google 



August la] JOURNAL OF THE CONVENTION. 307 

Mr. Thompson Mr. Turner Mr. Williams 
Thornton Tutt Whiteside 

Trower Tuttle Worcester 1 

Turnbull Vance Mr. President. 

Thf! 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^ bj striking 
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: 

^^ProHdedj 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 bj the committee of the whole to the 33d section. 

The question was taken, and decided in the negative. 

Mr. Kenner moved to amend the same section, as amended, by striking 
out all after the word "may," in the *2d line, to the word "to," at the end 
of the 5ih line," and to insert in lieu thereof, the words "contract debts," 
and further to amend by inserting after the word **pledged," io 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 law or laws conferring a monopoly or monopolies upon 
any persons within this state." 

Mr. Caldwell moved to amend the amendment by substituting therefor 
the following: 

'•Sbc. — . 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 sim© shall 
be adopted by a majority of the votes cast for and acjainst it, then such 
clause, as a separate section, shall 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. Cross, 

The question was taken, by yeas and nays, on laying the amendment 
and substitute therefor on the table, 

And decided in the affirmative, VL^^^ * * ' * ?i 

(iNays, • • • • 53 

Digitized by VjOOQ IC 



306 



JOURNAL OP THE CONVENTION. lAugusi 10. 



Those voting in the affirmative, are. 



Mr. Adams 
Anderton 
Blair 
Canadv 
Chiurch 
GhurchiU 
R. J. CfOt» 
B. Dam 
DawsoD ' 
Beitz 
Dement 
Dunlap 
Dunn 
Dansmoie 
£cclefl 
Edmonaott 
G.Edwards 
N. W. Edwards 
Evey 
Friek 
Graham 
Geddes 
H. R Green 
P. Green 
W. B. Green 
Harding 
Harlan 
Harper 



Mr. Hanrej 
Hatch 
Hawlejr 
Hay 
Hogue 
Horibttt 
Huston 
^Jackson 
Judd 
Kenner 
Kitchen 
A. R. Knapp 
N. M. Knapp 
KnowltoB 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
lioudon 
McCaUen 
McClure 
McHatton 
F. S. D. MarshaU 
T. A. MaishaU 
Mason 
Matheny 



Those voting in the negative, are^ 



Mr. Akin 
Alien 
Armstrong 
Atherton 
Bond 

Bosbvihell 
BrocKmaa 
Brown 
Bansen 
Butter 
Caldwell 
J. M. Campbell 
Carter 
F. a Casey 
Z. Casey 
Colby 
Crain 
8. J. Cross 



Mr. Mienre 
Miller 



Moffiett 

Mooxto 

Morris 

Northcett 

H. D. Palmer 

Peters 

Pinckney 

Rives 

Bobbins 

Servant 

Sherman 

Shomway 

Sibley 

B. O. Smitb 

Spencer 

Swan 

Thomae 

Thornton 

Trower 

Tumbull 

Tamer 

Tuttle 

Vance 

Whitney. 



Mr. FarweU 


Mr. Pratt 


Or^gg 


Robinsoa 


Hayes 


Roman 


Henderson 


Rountree 


Hilt 


Shields 


Hoes 


Bim 


James 
Jenkins 


Simpson 
J. Smith 


Kreider 


Stadden 


Lasater 


Thompsoa 


Langfalin 
McCully 


Tntt 


Webber 


Manly 
MaiUey 


WiHiams 


Witt 


NichoU 


Whiteside 


Oliver 


Worcester 


J. M. Ptimer 


BIr. PMddeat. 


Powers 





Mr. Whiteside moved to amend the ^th section by adding hereto the 
following. 
^ And each county in the state, which has not a representative br ap- 
trtionment, shall be entitled to one in the most numerous branch of the 



por 



legislature; Prtmidtd^ such countj will elect and pay such represeota* 
tive.'' 

On motion, 
The convention adjourned. 



Digiti 



zed by Google 



.lugust 11.] JOURNAL OF THE COxNVENTlON. 301) 



WEDNESDAY, Auguot 11, 1847. 



Convention met pursuant to adjournment. 

Prajer bj Rev. Mr. H. D. Palmer, a member. 

The journal of yesterdaj was read, 

Mr. Crain^ 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 —. 

Sbction L There shall be exempt from judgment, execution and forced 
sale, for the payment of debts, (contracted after the adoption of this con* 
stitution) to the bead of every family, he or she being a cultivator of the 
•oil and residing with his or her family, the homestead ou which he or 
she may reside, not to exceed in quantity eighty acres of land, nor in value 
five hundred dollais, including the improvements thereon. The value to 
be ascertained as the legislature shall direct. 

Sbc. 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. 

Ssc* 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 dollars, 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 tahb,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 — . 

Ssenoif 1. It shall be the duty of the general assembly to provide for 
a codification of the laws, and after the yefar 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. 



Digiti 



zed by Google 



310 



JOURNAL OF THE CONVENTION. [Angmt 11. 



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 assemblj unless the same be first reduced to writing. 

ISec. 3. No official writing, or executive, legislatiye, or judicial proceed- 
ing shall be had, conducted, preserved, or published, in,anj other than the 
English language. 

8ec. 4. In all suits in chancery the evidence shall be taken as in suits 
at law. 

Sbc. 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 printed 
for the use of the convention. 

Mr, Caldwell moved to suspend the rules temporarilj, and to lay the 
written report of the committee, made as an argument in support of the 
article submitted, on the tab)e» 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 of 
the report of the Legislative committee, as amended in committee of the 
whole. 

Mr. Whiteside modified the amendment, bj adding thereto the fol- 
lowing: 

^\ind provided further J \hixi\{ HV\y county shall electa representative 
according to the foregoing provision, then such county shall not be enti- 
ilcd 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 cjucsiion was ordered. 

The question was taken, by yeas and nays, on the adoption of the 
amendment, 



And decided in the negative, - 
Those voting in the affirmative, are, 



(Yeas, 
' (Nays, 



115 



Mr. Athertoti 
Bond 
Brown 
Caldwell 
J. M. Campbell 
Crain 

S. J. Cross 
l)eineQt 



Mr. P. Green 


Mr. Pace 


James 


Pratt 


Jenkins 


Bountree 


Kenner 


Spencer 


Mason 


Williams 


Mieure 


Witt 


Miller 


Whiteside. 



Digiti 



zed by Google 



Augtut II.] JOURNAL OF THE CONVENTION. 



311 



Those voting in the negative, nre, 

Mr. Adams 
Akin 
Allen 
Anderson 
ArmstroDs: 
Blair 
Brockman 
Bunsen 
Butler 
Canady 
Carter 
F. S. Casey 
Z. Casey 
Church 
Churchill 
Colby 
Constable 
R. J. Cross 
D. Dayis 
J. M. Davis 
T. G. C. Davis 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunn 
Dunsmore 
Ercles 
Edmonson 
C. Edwards 
N. W. Edwards 
Evey 
Frick 
Graham 
Geddes 
H. R. Green 
W. B. Green 
Gregrg 
Harding 

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 '* 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 ^* shall," in the 4th line of the same section, and decided 
in the affirmative. 

Tlie 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 office shall be two years; and whose fees 
of office shall be defined by the legislature." 



Mr. Harlan 


Mr. MoflTett 


Harper 


Moore 


Harvey 


Morris 


Hatch 


Nichols 


Hawley 


Northcott 


Hay 


Oliver 


Hayes 


H. D. Palmer 


Heacock 


J. M. Palmer 


Henderson 


Peters 


HUl 


Pinckney 


Hoes 


Powers 


Hofue 
Holmes 


Rives 


Robbins 


Hurlbut 


Robinson 


Huston 


Scates 


Jackson 


Servant 


Jttdd 


Sbarpe 


A. R. Knapp 


Sherman 


Knowlton 


Shields 


Knox 


Shumway 


Kreider 


Sibley 


Lander 


Sim 


Lasater 


Simpson 


Laughlin 


Singleton 
£. 0. Smith 


Lemon 


Liniey 


J. Smith 


Lockwood 


Stadden 


Logan 


Swan 


McCallen 


Thomas 


McCuIly 


Thornton 


McClure 


Trower 


McHatton 


TumbuU 


Manly 


Turner 


Markley 


Tutt 


F. S. D. MarshaU 


Tuttle 


T. A. Marshall 


Vance 


Matheny 
Minsball 


Webber 


Mr. President. 



Digiti 



zed by Google 



312 



JOURNAL OP THE CONVENTION, [Auguit 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 ofiered the following as an additional section: 

** Sbc. 36. The general assemblj shall have no power to pass anj law 
wherebj 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 of 
trial, judgment or decree, and persons may be punished for contempts, by 
such tribunals, and in such manner as the general assembly, by general 
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 conformablv to 
law." 

Mr. Scates moved to amend the amendment by striking out the words 
•*life, libeity/' 

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. Lock wood. 

The amendment was amended by 9trlkin^ 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. 

And decided in the negative, Ji^avs' 
Those voting in the affirmative, are, 



65 
66 



Mr. Adams 


Mr. Hay 


Anderion 


Heacock 


Bond 


Hoes 


BosbysheH 
Brockman 


Holmes 


Hiirlbut 


Brown 


Jndd 


Church 


Kenner 


R. J. CroM 


A. R. Knapp 


B. Bayis 


KnowltoR 


J. M. Davis 


Knoir 


Dawson 


Lander 


Dummer 


Lemon 


Dunlap 


Linley 


Dunsmora 


Lo^n 


C. Edwards 


McCallen 


N. W. Edwards 


Mason 


Graham 


Mathenr 


Geddes 


Miller 


P. Gre^n 


Minshall 


Qre^ 


Northcott 


Harding 


Oliver 


Harlan 


J- M. Palmer 



Mr. 



Peters 

Pinckney 

Pratt 

Rives 

Roman 

Servant 

Sibley 

Simpson 

Sinfleton 

Spencer 

Stadden 

Swan 

Thomas 

Thornton 

Tiimbull 

Tamer 

Tattle 

Vance 

Williams 

Whitney 



Digiti 



.J 

Worcester. 

zed by Google 



Augutt 11.] JOURNAL OP THE CONVENTION. 
Those voting in the negative, are, 



313 



Mr. Moffett 
Moore 
Morrif 
Nichols 
Pact 

H. D. Palmer 
Powers 
Bobbins 
Robinson 
Bountree 
Scates 
Sharpe 
Shields 
Shorn way 
Sim 

£. 6. Smith 
J. Smith 
Trower 
Tutt 
Witt 

Whiteside 
Mr. President 

Mr. Robbins moved the following as an additional section: 

^*Sbc. 36. The general assemblj shall have no power to alter or amend 
anj 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 aU after, and including the word 
•* until." 

The question was taken, by yeas and nays, 



Mr. Akin 


Mr. Hanrey 


Aflea 


Hatch 


Armstronf 


Hawley 


Atherton 


Hendbrson 


Slair 


Hill 


Blakely 


Hogue 


Bunsen 


Huston 


Batler 


Jackson 


J. M. Campbell 


James 


Caoady 


Jenkins 


Carter 


Kreider 


F. & Casey 


Lasater 


Z. Casey- 

Cbnrehfll 


Lauffhlitt 
Lockwood 


a J. Gross 


Loudon 


DeibE 


McCully 


DaoQ 


McCIura 


Ecclet 


Manly 

Markley 

F. S. D. Marshall 




Tkick 


H. B. Green 


T. A. Marshall 


Harper 


Mieure 



And decided in 


the 


»•«•"•" {i^ 


• • • • 6 

. 128 


Those voting in 


the affirmative, are. 




Mr. B. J. Cross 




Mr. Kenner 


Mr. Sineleton 
Williams. 


Hay 




Boman 


Those voting in 


the 


negative, are, 




Mr. Adams 




Mr. J. M. Campbell 


Mr. Dunn 


Akin 




F. 8. Casey 


Dunsmore 


Allen 




Z. Casey 


Eccles 


Andenott 
Armstrong 




Church 
Churchill 


Edmonson 
C. Edwards 


Atheiton 




Crain 


N. W. Edwai4s 


Blair 




a J. Cross 


Evey 


Blakely 




D. Daris 


Frick 


Bond 




J. M. Davis 


Graham 


Bosbyshell 




T. 6. C. Davis 


Geddes 


Brockmaa 




Dawson 


H. B. Green 


Brown 




Deitz 


P. Green 


Bunsen 




Dummer 


Haraing 


Butler 




Dunlap 








Digitized by Google 



314 



JOURNAL OF THE CONVENTION. [August 11. 



Mr. Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Ha>ef 
Heacock 
Henderson 
Hill 
Hoffue 
Holmes 
Harlbut 
Huston 
Jackson 
James 
Jenkins 
Jadd 

A. R. Knapp 
N. M. Knapp 
Knowlton 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Linley 
Lockwood 
Logman 
Loudon 



Mr. McCallen 


Mr. Rountree 


McCully 


Scales 


McCIure 


Servant 


McHatton 


Sharpe 


Manly 
Markley 


Sherman 


Shieldsj 


F. S. D. Marshall 


Shumway 


T. A. Marshall 


Sibley 


Mason 


Sim 


Matheny 
Mieure 


Simpson 
E. 6. timilh 


Miller 


Spencer 


Minshall 


sudden 


MofTett 


Swan 


Moore 


Thomas 


Morris 


Thornton 


Nichols 


Trower 


Northcott 


TurnbuU 


Oliver 


Turner 


Pace 


Tutt 


H. D. Palmer 


Tuttlc 


J. M. Palmer 


Vance 


Peters 


Witt 


Pinckney 


Whiteside 


Powers 


Whitney 


Pratt 


Worcester 


Rives 


Mr. PresidenL 


Robbins 




Robinson 





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 
Gran am 



Mr. Geddes 

H. R. Green 

Gregg 

Harding 

Harlan 

Harper 

Harvey 

Hawley 

Hay 

Hayes 

Hill 

Hoes 

Ho?ue 

Holmes 

Hurlbut 

Huston 

Jackson 

Kenner 

A. R. Knapp 

Knowlton 

Knox 

Lander 

Laughlin 

Linley 

Loudon 



Mr. McCallen 
McCully 
McH Alton 
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 



Digiti 



zed by Google 



August II.] JOURNAL OP THE CONVENTION. 



315 



Mr. Simpson 


Mr. Swan 


Mr. Tattle 


Stogleton 


Thomas 


Vance 


E O.Smith 


Trower 


Williams 


J. Smith 


TurnbuU 


Whitney 


Spencer 


Turner 


Worcester 


sudden 


Tutt 


Mr. President, 


Those yoting in the negative, are, 




Mr. Atherton 


Mr. Hatch 


Mr. Nichols 


Bond 


Henderson 


Pace 


BosbysbeU 


James 


H. D. Palmer 


Brown 


Jenkins 


Pratt 


Bunsen 


Jadd 


Bobbins 


J. M. Campbell 


Kreider 


Roman 


P. 8. Casey 


Lasater 


Rountree 


Grain 


liOckwood 


Scates 


S. J. Cross 


Lopan 


Shields 


D. Davis 


McCIure 


Shumway 


Dawson 


Markley 


Thornton 


Dement 


Mason 


Witt 


Dunsmore 


Mieiire 


Whiteside. 


Friek 







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 ^as taken, and the amendment rejected. 
On motion of Mr. Thomas, 

The report was laid on the table. 

Mr. Grain, on leave, from the committee on Miscellaneoas Subjects and 
C^uestions, 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: 

^^Sbc. 5. Any female bein'g 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. 



Digiti 



zed by Google 



316 



JOURNAL OF THE CONVENTION. {Sngust 11. 



THRBB 0*CLOCK, F. M. 



The convention assembled puraaant to adjoarnment. 
On motion of Mr. TurnbuU, 

The report of the committee on the Execatiye 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 ^ 185V and to in- 
sert in lieu thereof the figures **1854." 

The question was taken, by yeas and nays. 



(Yeas, 



And decided in the negative, jj^« ' 
Those voting in the afiirmative, are, 



40 
94 



Mr. Adamf 


Ut.Qngg 


Akin 


Harvey 


Allen 


Hatch 


Armftronf 


Hawley 


Blair 


Heacoek 


Blakely 


Henderaon 


BuUer 


Huston 


J. M. Campbell 


Jamea 


Chareh 


Kreider 


Churchill 


Lasater 


Colby 


Lauehlin 
McClure 


S. J. Croat 


Dement 


Manly 


Dunn 




Those voting in 


the negative, are. 


Mr. Atherton 


Mr. Dnnamore 


Bond 


Ecclea 


Bosbjshell 
Brockmaa 


Edmonaon 


C. Edwarda 


Bunaen 


N. W. Edwarda 


CaldweU 


Evey 
Frick 


Canady 


Carter 


Graham 


F. S. Casey 


Geddea 


Z. Caaey 


H. R. Green 


Crain 


P. Green 


R. J. Croaa 


Hardins 


D. DaTif 


Harlan 


J. M. Davia 


Harper 


T. G. C. Davia 


Hay 


Dawson 


Hayea 

Hin 


Deitz 


Dummer 


Hogue 


Danlap 


Hnrlbut 



Mr. MaiUey 
Morris 
Niehola 
Pace 

J. M. Palmer 
Powers 
Pratt 
Rountree 
Sherman 
Webber 
Whiteaide 
Whitney 
Mr. President 



Mr. Jaekaon 
Judd 
Kenner 
A. R. Koapp 
If. M. Knapp 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
McCuUy 
McHatton 
F. S. D. ManhaU 
T. A. ManhaU 
Mason 
Matheny 
Mienre 



Digiti 



zed by Google 



AuguMt 11.] JOURNAL OP THE CONVENTION. 



317 



Mr. MiU«r 


Mr. Sennnt 


MiiisbftU 
Moffett 


Sbie& 


Mom 


Shamway 


Northcott 


Sibley 


OliTW 


ffim 


P»ten 


SimpMNi 


Pincka«y 


Sineleton 


Hives 


E. 0. Smith 


RobbiDB 


J. Smith 


Bomtn 


Spencer 
StwideQ 


SeatM 





Mr. Swan 
Thomas 
Thornton 
Trower 
Tamball 
Turner 
Tntt 
TutUe 
Vance 
Williams 
Witt 
Worcester* 



On motion of Mr. E. O. Smith, 

The amendment to the second lection was amended by inserting before 
the words ^first,** in the first, secondhand third lines, the words ^^Taes- 
daj next after the/' 

On motion of Mr. Hay, 

The same amendment was further amended by striking out the word 
'^fereyer/' 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 iection, as 
amended, and decided in the affirmative. 

Mr. Church moved to amend the amendment to the third section by 
striking oat the words ^ for more than four years in any term of eight 
jears, nor.*' 

The question was taken, and decided in the negative. 

The question was taken en concurring with the conomittee of the 
whole, in the amendment made to the thirdsection, 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 
lame oommittee^ in the amendment made at the end of the same sec- 
tion, 



And decided in the affirmative. 



(Yeas, 

{Nays, 



70 
68 



Digiti 



zed by Google 



318 



JOURNAL OF THE CONVENTION. iJiugust 11. 



Those voting id the affirmative, are, 



Mr. Adams 


Mr. Hurlbut 


Athenon 


Jackson 


Blair 


Judd 


Bond 


Kenner 


Canady 


A. R. Knapp 


R. J. Cross 


Knowlton 


D. Davis 


Knox 


J. M. Davis 


Lander 


Deitz 


Lemon 


Dummer 


Lockwood 


Dunn 


Logman 


DuDsmore 


Loudon 


Eccles 


McCallen 


C. Edwards 


F. S. D. Marshall 


N. W. Edwards 


T. A. MarshaU 


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. FarweU 


Allen 


P. Green 


Armstrong 


Gregg 


Blakely 


Harvey 


Bosbyshell 
Brockman 


Hatch 


Hayes 


Brown 


Heacock 


Bunsen 


Henderson 


Botler 


Hili 


Caldwell 


Hoes 


J. M. Campbell 


Hogue 


Carter 


Huston 


F. S. Casey 


James 


Z. Casey 


N. M. Knapp 


Church 


Kreider 


Churchill 


Lasater 


Colby 


Lau^hlin 


Grain 


McCully 


S. J. Cross 


McClure 


T. G. C. Davis 


McHatton 


Dement 


Manly 


Dufilap 


Markley 


Edmonson 


Moffett 



Mr. Peters 
Pinckney 
Rives 
Robinson 
Servant 
Sharpe 
Shields 
•Sibley 
Sim 

Singleton 
E. O. Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbuli 
- Turner 
Tuttie 
Vance 
Webber 
West 
Williami. 



Mr. Moore 
Morris 
Nichols 
Oliver 
Pace 
Powers 
Pratt 
Robbins 
Roman 
Rountree 
Scatee 
Sherman 
Shumway 
Simpson 
J. Smith 
Stadden 
Tutt 
Wilt 

Whiteside 
Whitney 
Worcester 
Mr. President. 



The question was taken on the adoption of the fourth section, aa amen- 
ded, r.nd decided in the a£Qnndtive. 

Mr. Powers moved to amend the amendment to the fifth section, by 
striking out the words 'twelve hundred and fifty/' and by inserting in lieu 
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* 



Digiti 



zed by Google 



August \U] JOURNAL OP THE CONVENTION. 



S19 



The question ^as taken, by yeas and nays, on filling the blank with 
the words ♦* fifteen hundred/* 

And decided in the affirmative, IS^®' .... 73 

(IN ays* • • • • 07 



Those voting in the affirmative, are,' 



Jtf r. Adams 

Annstrong 

Blair 

Boabyshell 

Brockman 

BrowD 

Bunsen 

Batler 

J. M. Campbell 

Church 

Colby 

R. J. Cross 

Deitz 

I>ement 

Dummer 

Dunlap 

Dunn 

C. Edwards 

Farwell 

Geddes 

Greg^ 

Hardibg 

Harvey 

Hatch 

Hawley 



Mr. Hay 
Hayes 
Heacock 
Henderson 
Hill 
Hoes 
Hurlbut 
Huston 
Jackson 
James 

A. R. Knapp 
N. M. Knapp 
Knowlton 
Knox 
Lauehlin 
Lockwood 
Logan 
McCallen 
McClure 
McHatton 
F. S. D. Marshall 
Matbeny 
Miller 
Minshall 



Those voting in the negative, are, 



Mr. Akin 
Allen 
Atberton 
Blakely 
Bond 
Caldwell 
Canady 
Carter 
F. S. Casey 
Z. Casey 
ChurchiU 
Crain 
8. J. Cross 
D. Davis 
J. M. Davis 
T. G. C. Davis 
Dawson 
Dunsmore 
Eccles 
Edmonson 
N. W. Edwards 
Evey 
Frick 



Moore 

Morris 

Nichols 

J. M. Palmer 

Peters 

Pinckney 

Powers 

Pratt 

Roman 

Servant 

Sbarpe 

Sherman 

Sibley 

biogleton 

Stadden 

Thomas 

Turner 

Webber 

West 

Williams 

Whiteside 

Whitney 

Worcester' 

Mr. President 



Mr. Graham 


Mr. Pace 


H. R. Green 


H. D. Palmer 


P. Green 


Rives 


Harlan 


Robbins 


Harper 


Robinson 


Hogue 


Rountree 


Judd 


Scates 


Kenner 


Shields 


Kreidcr 


Sbumway 


Lander 


Sim 


Lasater 


Simpson 
£. 0. Smith 


Lemon 


Loudon 


J. Smith 


McCully 


Spencer 


Manly 


fewan 


Mark ley 


Thornton 


T. A. Marshall 


Trower 


Mason 


Turnbull 


Mieure 


Tutt 


Moffelt 


Tuitle 


Korthcott 


Vance 


Oliver 


Wilt. 



Digiti 



zed by Google 



300 



JOURNAL OP THE CONVENTION. lAugu>t 11. 



Mr. DeiUs moved to amend the same amendment bj inserting after the 
word «< government,** in the fourth line, the words ^ and shall be ex officio 
fund commissioner." 

The question was takeUf by jeas and nays, on the adoption of tbe 
amendment! 



And decided in the negative, j ^^^ 
Those voting in the affirmativct are^ 



24 
114 



Mr. Blakely 


Mr. McCallen 


Mr. Shields 


J. M. Davii 


Manly 


Sim 


Deitz 


T. A. Marshall 


Simpson 
£. 6. Smith 


Evey 


Moffett 


Jamai 


Oliver 


Thornton 


Jadd 


Paee 


Trower 


Kenner 


J. M. Palmer 


West 


Lemon 


Bobbins 


WitL 


Those voting in 


the negative, are, 




Mr. Adami 


Mr. Geddes 


Mr. Miller 


Akin 


H. R. Qreeii 


Minshali 


Allen 


P. Green 


Moora 


Armstrong 
Atbertott 


Ottftg 
Harlan 


Morris 
Nichols 


Blair 


Harper 


Iforthcott 


Bond 


Hatch 


H. D. Palmsr 


BoabYnhell 
BrockoMn 


Hawley 


Peters 


Hay 


Pinckney 


Brown 


Hayes 


Powen 


Bunsen 


Heacock 


Pratt 


Batler 


Henderson 


Rives 


J. M. CampbsU 


Hill 


fioman 


Canady 


Honie 
Holmes 


Rountree 


Carter 


States 


F. 8. Caaey 


Servant 


Z. Casey 


Hurlbut 


Sharps 


Chorch 


Huston 


Sherman 


Churchill 


Jackson 


Shumway 


Colby 
Constable 


H. M. Knapp 


Sibley 


Knowlton 


J."imith 


Crain 


Knox 


R. J. Croat 


Kreider 


Spencer 


& J. Cross 


Lander 




D. DaTii 


Lasater 


Swan 


Dawson 


Laoghlin 
Lockwood 


Thomas 


Dement 


Tnrnbnll 


Dnmmer 


Logan 


Tnmer 


Dnnlap 


Loudon 


Ttott 


Dunn 


McCully 


TutUe 


Dunsmore 


McClure 


Vance 


JSccles 


McHattoB 


Webber 


£dmonson 


Markle> 

F. 8. D. MarthaU 


Williams 


C. Edwards 


Whiteside 


N. W. Edwards 


Mason 


Whitney 


Tarwell 


Matheny 


Worcester 


Frick 


MIeure 


Mr. PiesideiC 


Graham 







Digiti 



zed by Google 



August 11.] 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 ail arrears of inter* 
est on the state debt shall have been paid.'' 

The question was taken, and the amendment rejected. 

Mr. C* Edwards moved to amend the same amendment by striking out 
the words <« increased nor,'' in the 5lh line. 

The question was taken, and the amendment rejected. 

Ttie 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 5fh section, as amended, 
and decided in the affirmative. 

The question was consecutively taken on the adoption of the 6th and 
7th sections, and decided in the affirmative* 

The question was taken, by yeas and nays, on concurring with the 
committee of the whole in the amendments made to the 8th section, 



And decided in 


the negative, J J^J'^ 


• • • • 48 

84 


Those voting in 


the affirmative, are, 




Mr. Adams 


Mr. Frick 


Mr. Morris 


Blair 


Graham 


Nortbcott 


Bond 


P. Green 


H. D. Palmer 


Brown 


Hawley 


J. M. Palmer 


Baoaen 


Hay 


Peters 


J. M. Campbelt 


Hurlbut 


Pinckney 


Caoady 


Kenner 


Powers 


Church 


KnowltoB 


Roman 


CburcbtU 


Knox 


Servant 


Con8tabl« 
R. J. Cross 


Laughlin 
Lockwood 


fibaipe 
Shields 


Dement 


Logan 


Thomas 


Dummer 


F. S. D. ManbiU 


Turner 


Dunlap 


Mason 


Tutt 


C. Edwards 


Mieura 


Vanc« 


FarweU 


MUler 


West 


Those who voted in the negative, are. 


. 


Mr. Akin 


Mr. Dawson 


Mr. Henderson 


Allen 


Deitz 


Hill 


Armstrong 


Dunn 


Hoes 


Athertoa 


Dvnsmora 


Hogue 


BUk«1y 


Eccles 


HttStM 


Bosbyshell 
Brockman 


Edmonson 


Jackson 


N. W. Edwards 


Jafflps 


BuUer 


Evey 


N. M. Knnpp 


Carter 


Geddes 


Kreider 


F. S. Casey 


H. R. Green 


Lander 


Z. Casey 
Colby 


HuSing 


Lasater 
Lemon 


Crain 


Harlan 


Loudon 


8. J. Cross 


Harper 


McCallea 


D. DavU 


Hatch 


McCttlly 


I.U. Bavis 


Hayes 


MeCloM 


31 







Digiti 



zed by Google 



322 JOURNAL OF THE CONVENTION. [AuguttU. 



Mr. McHatton 


Mr. Rives 


Mr. J. Smith 


Manly 


Robbins 


Spencer 


Markley 

T. A. Marshall 


Robinson 


Stadden 


RouDtree 


Thornton 


Matheny 
MJDsbafl 


Scates 


Trower 


Sherman 


Turnball 


Moffett 


Shumway 


Tattle 


Moofe 


Sibley 


Williams 


Nichols 


Sim 


Whiteside 


Oliver 


Simpson 
Singleton 


Whitney 


Pace 


Worcester 


Pratt 


£. O. Smith 


Mr. President 



Mr. Thornton moved to amend the 8th section by inserting after the 
word " pardons," in the 4th line, the words " and remit fines and forfeit- 
ures." 

The question was taken, and the amendment rejected. 

The question was consecutively taken on the adoption of the Sth nnd 
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 assembled,"' 
&c., and decided in the affirmative. 

Tho question was taken on inserting the words •* in said proclamation 
the purposes for which thcj arc to convene," and decided in the affirma- 
tive. 

The question was taken on concurring in the insertion of the words 
'^enter on no legislative busiiios>,^^ &c., and decided in the affirmative. 

The question was taken on striking out the words " be limited in their 
action," &c., and decided in tLe affirmative. 

Mr. Powers moved to amend the same section, as amended, bj striking 
out all after the word *' convene," in the second line. 

The question was taken, and the amendment rejected. 

Mr. Scates moved to amend the same section, by inserting after the 
word "occasions," the words " which WDuld cause irremediable injury 
to the pub'ic interest by delay." 

The question was taken, and the amendment rejected. 

The question was taken on the adoption of the 10th section, as amend- 
ed, and decided in the affirmative. 

The question was consecutively taken on the adoption of the 11th, 
12th, r3th, 14th, 15th, and IGlh sections, and decided in the affirmative. 

The question was consecutively taken on the adoption of the 17lh, ISlh. 
and IDth sections, and decided in ^he affirmative. 

Mr. J. M. Davis moved to amend the amendments made to the 20th 
section, by striking out the words " ihree-fifths," wherever they occur, 
and by inserting in lieu thereof the words "a majority." 

Mr. Tunbull called for a division of the question; which the conven- 
tion refused to second. 

The question was taken, by yeas and nays, on the motion made by Mr. 
J. M. Davis, 

And decided in the affirmative, j^a^' * " ' 67 

Digitized by VjOOQ IC 



August 11.] JOURNAL OP THE CONVENTION. 



3-23 



Those voting in the affirmative, are, 



Mr. Adamt 
filakely 
Bond 
Z. Casey 
Church 
Constable 
R. J. Cross 
S. J. Cross 
D. Davis 
J. M. Oavia 
Dawson 
Deitz 
Dammer 
Duolap 
Eccles 
C. Edwards 
N. W. Edwards 
Graham 
Geddes 
H. R. Greea 
P. Green 
Harding 
Harlan 
Harper 



Mr. Akin 
Allen 
Armstrong 
Atherton 
Blair 

Bosbyshell 
Brockman 
BuDsen 
Butler 
CaldweU 
J. M. CampbeU 
Canady 
Carter 
F. S. Casey 
Churchill 
Colby 
Crain 

T. G. C. Davis 
Dement 
Dunn 
Dunsmore 
EdmoDson 
Evey 



Mr. Hay 


Mr. Oliver 


Hurlbut 


H. D. Palmei 


Jackson 


Pinckney 


Jenkins 


Rives] 


Judd 


Roman 


Kenner 


Servant 


A. R. Knapp 


Shields 


N. M. Knapp 


Sibley 


Knowlton 


Sim 


Knox 


£. 0. Smith 


Lander 


J. Smith 


Lemon 


Spencer 


Lockwood 


Sladden 


Logan 


Swan 


Loudon 


Thomas 


McCallen 


Thornton 


Manly 


TumbuU 


F. S. D. Marshall 


Turner 


T. A. Marshall 


Tuttle 


Mason] 


Vance 


Matheny 


West 


Mieure 


Willifins 


Miller 


Whitney.; 


Nortbcott 




egalive, are. 




Mr. Farwell 


Mr. Morris 


Frick 


Nichols 


Harvey 


Pace 


Hatch 


J. M. Palmer 


Hawley 


Peters 


Hayes 


Powers 


Heacock 


Pratt 


Henderson 


Bobbins 


Hill 


Robinron 


Hoes 


Rountree 


Hogue 


Scates 


Huston 


Sharpe 


James 


Sherman 


Kreider 


Shumway 


Lasater 


Simpson 


Laughlin 
McCullyl 


Singleton 
Trower 


McClure 


Tutt 


McHatton 


Witt 


Markley 


Whiteside 


Moffett 


Worcester 


Moore 


Mr. PresidMt. 



The question was taken, by yeas and nays, on concurring with the 
committee of the whole, in the amendments to the 20th section, as 
amended. 

And decided in the affirmative, < ^^ 



( Nays, 



71 

68 



Digiti 



zed by Google 



$24 JOURNAL OF THE CONVENTION. [August II. 

Those Totiog in the affirmative, are, 



Mr. Adams 


Mr. Hayl 


Mr. Oliver 1 


Bond 


Hurlbut 


H. D. Palmer 


Cantdj 


Jackson 


Pinckney 


Z. Casey 


Jenkins 


Rives 


Church 


Judd 


Roman 


Constable 


Kenner 


Servant 


R. J. Cross 


A. R. Knapp 


Shields 


D. Davis 


N. M. Knapp 


Sibley 


J. M. Dans 


Knowlton 


Sim 


Dawson 


Knox 


SingleKm 
E. O. Smith 


Deitz 


Lander 


Dummer 


Lemon 


Spencer 


Duolap 


Lockwood 


Stadden 


£ccles 


Logan 


Swan 




Loudon 


Thomas 


C. Edwards 


McCallen 


Thornton 


N. W. Edwards 


Manly 


TurnbuU 


Graham 


F. S. D. MarshaU 


Turner 


Geddes 


T. A. fUnhwli 


Tuttle 


H. R. Green 


Mason 


Vance 


P. Grsen 


Matheny 


West 


Harding 


Mieurs 


Williams 


Harlan 


Miller 


Whitney. 


Harper 


ITorthcott 




Those Toting in 


the negative, are^ 




Mr. Akin 


Mr.Evey 


Mr. Morris 


Allen 


Farwell 


Nichols 


Armstrong 


Frick 


Pace 


Atherton 


Harvey 


J. M. P»laer 


Blair 


Hatch 


Peters 


Blakelj 


Hawley 


Powers 


Boabvfihell 
Brockman 


Hayes 


Pratt 


Heicockl 


Robbins 


Brown 


Henderson 


Robinson 


Bunsen 


Hill 


Rountree 


Butler 


Hoes 


Scates 


Caldwell 


Hogue 


Sharpe 


J. M. Campbell; 


Huston 


Sherman 


Carter 


James 


Shumway 


F. S. Casey 


Kreider 


Simpson 
J. £ith 


Churchill 


Lasater 


Colby 


Langhlin 
McCully 


Trower 


Grain 


Tutt 


8. J. Cross 


McClure 


Witt 


T. G. C. Davis 


McHatton 


Whiteside 


Dement 


Markley 


Worcester 


Dunn 


Moffett 


Mr. President 


Dunsmore 


Moora 





The question was taken, by yeas and nays, on the adoption of the 
90th section, as amended, 



And decided in the aiErmatiTe, JJan! 



74 
65 



Digiti 



zed by Google 



Jugua II.] JOURNAL OF THE CONVENTION, 



325 



Those voting in the siiGrmalive, are. 



Mr. Adams 
Blakely 
Bood 
CaDady 
Church 
Constable 
R. J. CroM 
D. Davis 
J. M. Davit 
Dawson 
Deitz 
Dammer 
DanUp 
Dunsmore 
JBccles 
Edmonson 
C. Edwards 
N. W. Edwanls 
Graham 
Geddes 
H. R. Green 
P. Green 
HardiniF 
Harlan 
Harper 



Mr. Hay 
Hayes 
Hurlbut 
Jackson 
Jenkins 
Judd 
Kenner 
A. R. Knapp 
N. M. Knapp 
Kno^lton 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
Manly 

F. S. D. Manhall 
T. A. Marshall 
Mason 
Matheny 
Mieure 
Miller 
Mofiett 



Mr. Northcott 
Oliver 

H. D. Palmer 
Pinckney 
Rives 
Roman 
Servant 
Shields 
Sibley 
Sim 

Singleton 
E. O. Smith 
Spencer 
Stadden 
Swan 
Thomas 
Thornton 
TurnbuU 
Tamer 
Tattle 
Vance 
West 
Williams 
Whitney. 



Those voting in the negative, are, 



Mr. Akin 
Allen 
Armstrong 
Atberton 
Blair 

Bosbyshell 
Brockman 
Brown 
Bunsen 
Batler 
Caldwell 
J. M. Campbell 
Carter 
F. S. Casey 
Z. Casey 
Churchill 
Colby 
Crain 
S. J. Cross 
T. fc. C. Davis 
Dement 
Dunn 



Mr. Evey 


Mr. Nichols 


Farwell 


Pace 


Friek 


J. M. Palmer 


Harvey 


Peters 


Hatch 


Powers 


Hawley 


Pratt 


Heacock 


Bobbins 


Henderson 


Robinson 


Hill 


Rountree 


Hoes 


Scates 


Hogue 


Sbarpe 


Huston 


Sherman 


James 


Shumway 


Kreider 


Simpson 
J. Smith 


Lasater 


Laughlin 
McCully 


Trower 


Tutt 


McClure 


Witt 


McHatton 


Whiteside 


Markley 


Worcester 


Moore 


Mr. President 


Morris 





Mr. Dement moved to amend the amendment by inserting after the 
words " per annum,'' in the seventh line, the words " exclusive of neces- 
sary clerk hire.'* 

The question was taken, and the amendment rejected. 

The question was taken on concurring with the committee of the whole 
in the amendments made to the 2l9t section, and decided in the affirma- 
tive. 



Digiti 



zed by Google 



326 JOURNAL OFTHE CONVENTION- lAugust 11. 

Mr. McCallen moved to amend the section, as amended, by striking 
out all from the first word to the word ^* who," in the fourth line, and by 
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 years." 

The question was taken, b/ yeas and nays, on the adoption of the 
amendment, 



And decided in 


the affirmative, ^JJjJJ 


71 
• • • • 62 


Those voting in 


the affirmative, are. 




Mr. Adams 


Mr. Harlan 


Mr. NorthcoU 


Allen 


Harvev 


Oliver 


Athenon 


Hatch 


H. D. Palmer 


Blakely 


Heacock 


Pinckney 


Brockmao 


Henderson 


Pratt 


Caldwell 


Hill 


Rives 


J. M. Campbell 


Hoes 


Roman 


Carter 


Hogue 
Jenkins 


Rountrec 


F. S. Casey 


Scates 


Z. Casey 


Judd 


Shields 


Church 


KnowltoB 


Shumway 


Churchill 


Kreider 


Sibley 


Crain 


Lander 


Sim 


R. J. Cross 


Lasater 


Simpson 
£. 0. Smitb 


S. J. Cross 


Lemon 


T. G. C. Davis 


Loudon 


Spencer 


Deitz 


McCallen 


Stadden 


DUQD 


McCully 


Swan 


Dunsmore 


McClure 


Thornten 


Eeeles 


Manly 


Trower 


Efev 
Graham 


Markley 


Turner 


Matheny 


Tuttle 


P.; Green 


Mieure 


Williams 


Harding 


Mofiett 


Mr. President. 


Those voting in 


the negative, are, 




Mr. Akin 


Mr. H. R. Green 


Mr. Morris 


Armstrong 


Harper 


Nichols 


Blair 


Hawley 


Pace 


BrowA 


Hay 


J. M. Palmer 


Bunsen 


Hayes 


Peters 


Butler 


Harlbut 


Powers 


Canady 


Huston 


Robbins 


Colby 


Jackson 


Robinson 


Constable 


James 


Servant 


D. Davis 


Kenner 


Sharpe 


J. M. Davis 


A. R. Enapp 
Knex ^ 


Sherman 


Dawson 


Singleton 


Dement 


Laughlin 


Thomas 


Dummer 


Lockwood 


Turnbull 


Dun lap 


Lofran 


Tutt 


Edmonson 


McHatton 


Vance 


C. Edwards 


F. S. D. Marshall 


Wilt 


N. W. Edwards 


T. A. Marshall 


Whiteside 


Farwell 


Mason 


Whitney 
Worcester. 


Frick 


Miller 


Geddes 


Moore 





Digiti 



zed by Google 



.4ng7isl 12.] JOURNAL OP THE CONVENTION. 327 

Mr. Vance moved to amend the same section, ai amended, bj adding 
thereto the words ** there shall be elected by the qualified voters of the 
etate, all clerks that may be necessary in the different offices of the secre- 
tary of state, auditor, and treasurer." 

Air. Whitney moved that the convention adjourn. 

The question was taken, and decided in the negative. 
On motion, 

The convention adjourned. ' 



THURSDAY, August 13, 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 2lst section, as 
amended, of the report of the select committee of twenty-seven on the 
Judiciary Department. 

On motion of Mr. E. 0« 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 slate, 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 unlil another secretary be elected and qualitied.'' 
On motion of Mr. Peters, 

The previous question was ordered. 

The question was taken on striking out the 2Ist 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 2Ist section, as amended, 

And decided in the affirmative, Kt^^^' .... 

' {Nays, • • • • dM % 



Digiti 



zed by Google 



3S8 



JOURNAL OF THE CONVENTION. IJlugusi 12. 



Those voting in the affirmative, are» 



Mr. Adams 
AHeo 
AndersoD 
ArmatroDg 
AthertoB 
Blakely 
Bond 

Bosbyshell 
Brockmaa 
BuUer 
Caldwell 
Canadj 
Carter 
F. a Casej 
Z. Casey 
Church 
Crain 

B. J. Cross 
S. J. Cross 
Dais 

J. M. Davis 
T. G. C. Davis 
Deitz 
Dement 
Dann 
Dunsmore 



Mr. Eccles 


Mr. Markley 


Ever 


T. A. Marshal) 


Frick 


Mieure 


P. Green 


Moffett 


W. B. Greeo 


Nortbcott 


Gregir 


Oliver 


Harding 


Pace 


Harlan 


H. D. Palm«r 


Harvey 


Pratt 


Hatch 


Rives 


Hawley 


Roman 


Heacock 


Rountree 


Henderson 


Scatcs 


Hill 


Shields 


Hogue 
Jenkins 


Shumway 
Sim 


Knox 


£. 0. Smith 


Lander 


J. Smith 


Lasater 


Spencer 


Lemon 


Stadden 


Loudon 


Thornton 


McCallen 


Tuttle 


McCully 


West 


McClure 


Williams 


Manly 


Mr. President. 



Those voting in the negative^ are^ 



Mr. AkiD 
Blair 
Brown 
Colby 
Constable 
D. Davis 
Dawson 
Dummer 
Dunlap 
Edmonson 
C. Edwards 
K. W. Edwanis 
GrahaiD 
Geddes 
Harper 
Hay 
Hayes 
Holmes 
Hiinsaker 
Hurlbut 



Mr. Huston 
Jackson 
James 
JaM 
Kenner 
A. R. Enapp 
N. M. Enapp 
Knowlton 
Ereider 
Lau^hlin 
Lockwood 
Logan 
McHatton 
F. S. D. Marshall 
Mason 
Minshall 
Mooru 
Morris 
Nichols 
J. M. Pa?mer 



Mr. Peters 
Powers 
RobinsoD 
Servant 
Sharps 
Sibley 
Simpson 
Singleton 
Swan 
Thomas 
Tumbull 
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 tothe!22d section, and decided in the 
affirmative. 

The question was taken on the adoption of the 22d section, as amended, 
and decided in the affirmative. 

<The 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, on 
the adoption orthe20ih section, as amended. 



Digiti 



zed by Google 



August 12.] JOURNAL OP THE CONVENTION. 
The question was uken, by yeas and nays, 



339 



And decided in 


the negative, - - - JJeaS; 


• • • • 68 

• « • • 4^ 


Those voting in the affirmative, are, 




Mr. Akin 


Mr. Evey 


Mr. Nichols 


Allen 


Farwell 


Oliver 


Anderson 


Frick 


Pace 


Armstrong^ 


Greggr 


J. M. Palmer 


'Atbertott 


Harvey 


Peters 


Blair 


Hatch 


Powers 


Bosbysbell 
Brockman 


Hawley 


Pratt 


Hayes 


Bobbins 


Brown 


Heacock 


Robinson 


Butler 


Henderson 


Rountree 


Caldwell 


Hogue 


Scates 


J. M. Campbell 


Hunsaker 


Sbarpe 


Carter 


Huston 


Sherman 


F. S. Casey 


James 


Shumway 


Z. Casey 


Kreider 


Simpson 


Cburcbill 


Lasater 


J. Smith 


Colby 


Laugh 1 in 
McCully 


Tutt 


Crain 


Witt 


8. J. Cross 


McClure 


Whiteside 


Dale 


McHatton 


Whitney 


T. G. C. Davit 


Markley 


Worcester 


Bement 


Moore 


Mr. President. 


Dunn 


Morris 




Those voting in 


the negative, are. 




Mr. Adams 


Mr. Hay 
Holmes 


Mr. Moflett 


Bond 


Northcott 


Canady 


Hurlbut 


H. D. Palmer 


Cburch 


Jackson 


Pinckney 


Constable 


Jenkins 


Rives 


R. J. Cross 


Judd 


Roman 


D. Davis 


Kenner 


Servant 


J. M. Davis 


A. JR. Knapp 


Shields 


Dawson 


N. M. Knapp 


Sibley 


Deitz 


Knowlton 


Sim 


Dummer 


Knox 


Singleton 
£. 0. Smith 


Dunlap 


Lander 


Dunsmoro 


Lemon 


Spencer 


Eccles 


Lockwood 


Stadden 


Edmonson 


Logan 


Swan 


C. Edwards 


Loudon 


Thomas 


N. W. Edwards 


McCallen 


Hiornton 


Graham 


Manly 


Tumbull 


Gediled 


F. S. D. Marshall 


Turner 


H. K. Green 


T. A. MarshaU 


TuUle; 


P. Green 


Mason 


Vance 


W. B. Green 


Mieure 


Webber 


Harding 


Miller 


West 


Harlan 


Minshall 


Williams. 


Harper 







Digiti 



zed by Google 



330 



JOURNAL OP THE CONVENTION- [August V2. 



Mr. Scates moved to reconsider the vote taken on jesterdaj, on the 
adoption of the 3d section, as amended. 
On motion of Mr. Deitz, 
The main question was ordered* 
The question was taken, by jcas and nays, on reconsideration, 



And decided in 


the negative, j $«-» 


42 
• 101 


Those voting in 


the affirmative, arc, 




Mr. Akin 


Mr. Hatch 


Mr. Morris 


Armstrong 


Hawley 


Nichols 


Blakely 


Heacock 


J. M. Palmer 


Brown 


Henderson 


Powers 


Butler 


Huston 


Pratt 


J. M. Campbell 


James 


Rountree 


F. S. Casey 


Jenkins 


8cates 


Z. Casey 


Kreider 


Sherman 


Churchill 


Lasater 


Sh urn way 


S. J. Cross 


Laugh lin 
McHatton 


Simpson 
Webber 


Dale 


Dement 


• Manly 


West 


Gregg 


Markley 


Whiteside 


Harvey 


Moore 


Mr. President 


Those voting in 


the negative, are, 


« 


Mr. Adams 


Mr. W. B. Green] 


Mr. Northcott 


Allen 


Harding 


Oliver 


Anderson 


Harlan 


Pace 


Atherton 


Harper 


H. D. Palmer 


Blair 


Hay*^ 


Peters 


Bond 


Hayes 
Hill 


Pinckney 


Bosbyshell 
Brockman 


Rives 


Hogae 
Holmes 


Robbins 


CaldweU 


Robinson 


Canady ' 


Hunsaker 


Roman 


Carter 


Hurlbut 


Servant 


Church 


Jackson 


Sharpe 


Constable 


Judd 


Shields 


Grain 


Kenner 


Sibley 


R. J. Cross 


A. R. Knapp 


Sim 


D. Davis 


N. M. Enapp 


Singleton 


J. M. Davis 


Knowlton 


E. 0. Smith 


T. G. C. Davis 


Knox 


J. Smith 


Dawson 


Lander 


Spencer 
Stadden 


Deitz 


Lemon 


Dummer 


Lockwood 


Swan 


Dunlap 


Logan 


Thomas 


Dunn 


Loudon 


Thornton 


Dunsmore 


McCallen 


Trower 


Eccles 


McCully 


Tumbull 


Edmonson 


McClure 


Turner 


C. Edwards 


F. S. D. Marshall 


Tutt 


N. W. Edwards 


T. A. Marshall 


Tuttle 


Farwell 


Mason 


Vance 


Frick 


Matheny 


Williams 


Graham 


Mieure 


Witt 


Geddes 


Miller 


Whitney 


H. R. Green 


MinshaU 


Worcester. 


P. Green 


Moffett 





Digiti 



zed by Google 



.August lij JOURNAL OF THE CONVENTION. 



331 



Mr. Witt moved to reconsider the vote taken on jestcrday, on the 
adoption of the 5th section, as amended. 
The question was taken, by yeas and nays, 



( Yeas 
And decided in the negative, )Nav8^ 

Those voting in the affirmative, are, 



Mr. Akin 


Mr. P. Green 


Mr. Morris 


ArtDBtroDf 


Harlan 


Nichols 


Blakdy 


Harvey 


Northcott 


Bond 


Hunsaker 


Oliver 


Si own 


James 


Pace 


Caldwell 


Jenkins 


H. D. Palmer 


J. M. Campbell 


Judd 


Rives 


Carter 


Kenner 


Robbins 


F. S, Casey 


A. R. Knapp 


Robinson 


Zadok Casey 


Ereider 


Rountree 


ChurchiU 


Lander 


Scales 


Crain 


Lasater 


Shields 


S. J. Cross 


liemon 


Shumway 


Dale 


Loudon 


Sim 


D. Davis 


McCully 


£. 0. Smith 


J. M. Davis 


Manly 

Markley 

T. A. MarshaU 


Jj Smith 


T. G. C. Davis 


Swan 


£ccles 


Thornton 


£dmonsoB 


Mieure 


Trower 


C. Edwards 


Miller 


Tutt 


Frick 


Moffett 


Witt. 


Graham 






Those voting in the negative, are, ' 




Mr. Ada2s 


Mr. Hatch 


Mr. J. M. Palmer 


AUeD 


Hawley 


Peters 




Hay 


Powers 


AthertoD 


Hayes 


Pratt 


Blair 


Heacock 


Roman 


Bosbvshell 
BrockmaD 


Henderson 


Servant 


Hill 


Sbarpe 


Batier 


Hogue 


Sherman 


Canadr 
Chorch 


Holmes 


Sibley 


Hurlbut 


Simpson 


Colby 


Huston 


Singleton 


Constable 


Jackson 


Spencer 


R. J. Cross 


N. M. Knapp 


Stadden 


Deitz 


Enowlton 


Thomas 


Dement 


Knox 


Turnbull 


Dammer 


Laugh lin 
Lockwood 


Turner 


Danlap 


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 


Matheny 
Minshall 


Whitney 


Gregg 


Worcester 


Harding^ 


Moore 


Mr. President. 


Harper 







64 
76 



Digit! 



zed by Google 



332 JOURNAL OP THE CONVENTION. lAugust 12. 

Mr. Thomas moved to amend the report, as amended, bj 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 shal! be created by law, and wfiose 
appointments are not herein otherwise provided for; Provided^ that two- 
thirdsof the senate shall concur in.the nomination; Andprovided farllter^ 
that offices, whose jurisdiction, powers and duties may beconBned 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. it. 



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, Boabyshell, Brown, B>insen, T. 
Campbell, Carter, Choate, Church, Colby, II.' R. Green, P. Green, Grim- 
shaw, Heacock. Floes, Holmes, S. Kinney, W. C. Kinney. N. M. Knapp, 
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 proceedmgs under the call were dispensed with. 

The question pending when the convintion adjourned this morning, 
was on the motion made by Mr. Dem^-nt, to strike out the first twobe sec- 
tions of the majority report of the select committee of twenty-seven on 



Digiti 



zed by Google 



August 12,] JOURNAL OF THE CONVENTION. 



333 



the Judiciary Department, and to substitute for them the minoritj re- 
port made by Mr. Dement. 

The question was taken, bj yeas and nays. 



(Yeas 
And decided in the negative, <|^ ' 

Those voting in the affirmative, are, 



Jtfr. Akin 


Mr. Evey 


Mr. McHatton 


Allen 


FarweU 


Manly 
Markley 


Anderson 


Gregg 


Armstrong 


Harvey 


Muore 


Atherton 


Hatch 


Morris 


Blair 


Hawley 


Nichols 


Blakelj 


Henderson 


Pace 


Bosbvshell 
Brockman 


Hill 


Powen 


Hoes 


Pratt 


Brown 


Hogue 


Rountree 


Butler 


Hunsaker 


Scates 


J. M. Campbell 


Huston 


Sharpe 


Carter 


James 


Shields 


F. 8. Casey 


Jenkins 


Shumway 


Z. Casey 


Kitchen 


Simpson 
Stadden 


Colby 


Kreider 


Cratu 


Lasater 


Tutt 


8. J. CroM 


Laughlin 


Witt 


Dale 


Linley 


Whiteside 


Dement 


McCuHy 


Worcester 


Don lap 


McClure 


Mr. President 


Edmonion 






Those voting in 


the negative, are, 




Mr. Adams 


Mr. Hay 


Mr.lNorthcott 


Bond 


Hayes 


H. D. Palmer 


Caldifell 


Heacock 


Peteis 


Canady 
Church 


Holmes 


Rives 


Hurlbut 


Robbins 


ChurchiU 


Jackson 


Robinson 


ConsUble 


Jones 


Roman 


B. J. Cross 


Judd 


S«»rvant 


D. Davis 


Kenner 


Sibley 


J. M. Davis 


A. R. Knapp 


Sim 


T. G. C. Davis 


N. M. Knapp 


Sineleton 


Dawson 


Knowlton 


E O. Smith 


l>eitz 


Knox 


J. Smith 


Daromer 


Lander 


Spencer 


Dansmore 


Lemon 


Swan 


Ecclos 


Lockwood 


Thomas 


C. EdwanU 


Logan 


Thornton 


K. W. Edwaidt 


Loudon 


Trower 


Frick 


McCallen 


TurnbuU 


Graham 


F. S. D. MarshaU 


Turner 


Geddes 


T. A. Marahall 


Tuttle 


H. R. Green 


Mason 


Vance 


P, Green 


Matheny 


Wi^bber 


W. B. Green 


Mienw 


West 


Harding 


Miner • 


Willisms 


Harlan 


Minshall 


Whitney. 


Harper 


Moffett 





64 
80 



Digit! 



zed by Google 



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: 

^^Providedf 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/' 

The question was taken, and decided in the affirmative. 

Mr. Farwrell 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. Sinf^leton moved to amend the second section by adding thereto 
the following: 

<<And no person who has been once elected or appointed judge of any 
court of record created or authorized by this constitution, or by any act of 
the general assembly of this state after the adoption hereof; and who 
shall have entered upon his or their official duties, or otherwise signified 
his or their acceptance of the office, shall be eligible to a re-election, or 
nppointnt^nt to any like office, created or authorized as aforesaid, nor 
shall any such person be eligible to any other office in the gift of the peo- 
ple, or either of the departments of the government of this state for the 
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 the 
amendment, 



(Yeas 
And decided in the negative, jNavs' 



11 
110 



Those voting in the affirmative, are, 



Mr. Bosbyshell 

N. W. Edward! 


Mr. James 


Jenkins 


W. B. Green 


Lock wood 


Hayes. 


Servant 


Those voting in 


the negative, are, 


Mr. Akin 


Mr. Canady 


Allen 


Carter 


Anderson 


F. S. Casey 


Armstrong 


Z. Casey 


Atherton 


Church 


Blair 


Churchill 


Blakely 


Constable 


Bond 


Crain 


Brockman 


R. J. CroM 


CaldweU 


Dale 



Mr. Singleton 
West 
Whiteside. 



Mr. J. M. Davit 
Dawson 
Deitz 
Bummer 
Danlap 
Dnnn 
Dunsmore 
Eecles 
Edmonson 
C. Edwards 



Digiti 



zed by Google 



August 13.] JOURNAL OF THE CONVENTION. 



333 



Mr. Evey 
Frick 
Graham 
Geddes 
H. R. Gretn 
P. Green 

Harding 

Harlan 

Harper 

Harvej 

Hatch 

Hawley 

Hay 

Heacock 

Henderson 

Hill 

Hogne 

Hunsaker 

Harlbut 

Huston 

Jackson 

Jones 

Kitchell 

A. R. Enapp 

N. M. Knapp 

KnowUon 

On motion. 
The convention 



Mr.' Knox 
Kreider 
Lander 
Lasater 
Laugh lin 
Lemon 
Loudon 
McCallen 
McGully 
McClure 
McHatton 
Manly 
Markley 

F. S. D. Marshall 
T. A. Marshall 
Mason 
Matbeny 
Mieure 
Minshall 
Moffet 
Moore 
Nichols 
Northcolt 
Oliver 
Pace 

H. D. Palmer 
Pratt 



Mr. Rives 
Robbins 
Robinson 
Roman 
Rountree 
Scates 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
£. O. Smith 
Spencer 
Stadden 
Swan 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
Tuttle 
Vance 
Webber 
Williams 
Witt 

Worcester. 
Mr. President 



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, 
l^eavc 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- 
era, 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, \V. 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. Davisr Dement, Dunn, Parwell, P. 



Digiti 



zed by Google 



336 JOURNAL OF THE CONVENTION. [Jlugusi 13- 

Green, Gregg, Grim«haw, Harvey, Holmes, S. Kinney, W. C. Kinney, 
Kitchell, N. M. Knapp, Lockwood, Logan, Malheny, Minshail, Norton, 
Pini:kney,Scates,Sharpe, Sherman, Shumway, Thompson, Yernor, 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 b^iug necessary,) 



And decided i 


in the negative, ^ajs* 


81 

49 


Those voting in the affirmative, are, 




Mr. AkiD 


Mr. Harper 


Mr. Oliver 


Allen 


Harvey 


Pace 


Anderson 


Hawley 


H. D. Pahner 


Atherton 


Hay 


J. M. Palmer 


Blair 


Hayes 


Powers 


Blakely 


Hill 


Rives 


Brookman 


Hunsaker 


Robbins 


Butler 


Huston 


Robinson 


Caldwell 


Jackson 


Rouucree 


Canady 


James 


Scates 


Carter 


Judd 


Sharpo 


F. 8. Casey 


Kreider 


Shields 


Z. Casey 


Lasater 


Shumway 


Dale 


Laugbtin 


Sibley 


J. M. DavU 


Lemon 


Sim 


Dawson 


Linley 


Simpson 


Deitz 


McCallen 


Sinsleton 


Danlap 


McCully 


£. O. Smith 


Dunsmore 


McHatton 


Spencer 
Stadden 


Ecctes 


Manly 


Edmonson 


Markley 

F. S. D. Marshall 


Thornton 


C. Edwards 


Trower 


N. W. Edwards 


T. A. Marshall 


Turnbull 


Evey 

Frick 


Moffett 


Tuttle 


Morris 


Webber 


Graham 


Nichols 


Witt 


Harlan 


Northcott 


Worcester. 


Those voting in 


the negative, are, 




Mr. Armstronf 


Mr. & J. Cross 


Mr. Hoes 


Bond 


D. DavM 


flogue 


Boabyshell 


Duminer 


Hurlbut 


Brown 


Geddes 


Jenkins 


J. M. Campbell 


H. R. Green 


Jones 


Church 


W. B. Green 


Kenner 


Churchill 


Haiding 


A. R. Knapp 


Colby 


Hatch 


Knowlton 


Crain 


Heacock 


Knox 


B. J.Cnm 


Htad«i9on 





Digiti 



zed by Google 



^B^juj 13.] JOURNAL OF THE CONVENTION. 



387 



Mr. Lander 


Mr 


. Peteri 


Mr 


. Vanc« 


Loudon 




Senrant 




West 


McClura 




J. Smith 




Williami 


Mason 




Swan 




Whiteside 


MieuTs 




TUomas 




Whitney 


Miller 




Turner 




Mr. PraddenU 


Moore 




Tutt 







The question pendii% when the convention adjourned on jesterdajr^ 
was on the adoption of the second section of the report of the select com- 
mittee of twenty-seven on the Judiciary Department. 

The question was taken, and decided in the affirmative. 

Mr. Butler moved to postpone for the present the consideration of the 
3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th and 12th sections, and to pro- 
ceed to the consideration of the succeeding sections. 

The question was taken, and decided in the negative. 

Mr. Servant moved to substitute the following for the third section: 

"The governor shall nominate, and by and with the consent of the 
senate, appoint the judges of the supreme court (two-thirds of all the 
senators elected concurring therein*,) said judges shall hold their office for 
the teim of nine years, and until their successors shall be commissioned 
and qualified; Provided^ that the office of one of the three judges hrst ap- 
poioted, shall be vacated at the end of three years; of one at the end of 
six years, and of one at the end of nine ye ir^; ^o be dctcM mined by lot by 
the said judges when they shall be commissioned and qu-ilified; 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." 

Mr. Lock wood moved to amend the substitute by substituting therefor 
the following: 

•*The judges of the supreme court shall be appointed by the governor, 
by and with the advice and consent of two-thirds of all the senators elec- 
ted; and shall hold their offices for the period of fiftet n years, and until 
their successors are appointed and qualified, and the said judges shall not 
be re-eligible to said office," 

The question was taken, and the amendment forthe substitute rejected. 

The question was taken, by yeas and nays, on the adoption of the sub- 
•titute offered by Mr. Servant, 

And decided in the negative, [l'^^ ; * ; ; ^^ 
Those voting in the affirmative, are, 



^r. Anderson 
ArmstroDff 
BosbysheU 
Farwell 
Frick 
Graham 
Geddes 
H. R. Green 
W. B. Green 
Harner 
Hay 
Hayes 
HoUms 

23 



Kr. Huston 
Jackson 
Jodd 

KoowltoB 
Knox 
Laughlin 
Linley 
McHatton 
F. 3. D. Marshall 
Mason 
Miller 
Moore 
Morris 



Mr. Northcott 
J. M. Palmer 
Peters 
Powers 
Robinson 
Servant 
Hharpe 
Simpson 
Thornton 
Vance 
V^ebber 
West 



Digiti 



zed by Google 



338 



JOURNAL OP THE CONVENTION. lAugnsi 13. 



Mr. Adam* 
Allen 
Athertoo 
Blair 
Blakely 
Bond 
Brockman 
Brown 
Bafler 
Caldwell 
J. M. CainpbelS 
CanadjT 
Carter 
F. S. Cascj 
Z. Casey 
Church 
CburehiU 
Cbnstable^ 
Crain 

R. J. Cross 
& J. Cro8» 
Dale 

Z). Davis 
J. M. Davu 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunsmore 
£ccle» 
EkimonsoD 
C. Edwards 
y. W. Edward* 
Evey 



Mr. P. Green 

Harding 

Harlan 

Harvey 

Hatch 

Hawley 

Heacock 

Henderson 

Hill 

Hoes 

Hogoe 

Rmisa&er 

Hurlbut 

James 

Jenkins 

Jones 

Kenner 

A. R Knapp^ 

Kreider 

Lander 

Lasater 

liCmon 

Loekwood 

Logan 

Loudon 

McCallen 

McCully 

McClure 

Manly 

Markley 

T. A. MarshaB 

Matheny 

Mieure 

Minshalt 



Mr. MoffeU 
Nichob 
Oliver 
Pace 

H. D. Palmer 
Pinckuey 
Pratt 
• Rives 
Robbins 
Roman 
Rountree 
Scales 
Shields 
Sbumway 
Sibley 
Sim 

Siqgleton 
E. O. Smitb 
J. Smith 
Spencer 
Stadden 
Swan 
Tboma* 
Trower 
Tumbull 
Turner 
Tutt 
Tuttld 
Williams 
Witt 

Whiteside 
Whitney 
Worcester 
Mr. President. 



Mr. Armstrong moved to sobstitute the following for the third section: 

'^The justices of the supreme court shall be elected by the qualified to- 
ters of the state, on the first Monday of March after the adoptioo of this 
article; returns whereof shall be made to the secretarjofstate, 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 be elect- 
ed." 

Mr. Singleton moved to amend the substitute bj adding thereto the 
following: 

*• 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 the 
following: 

**The state shall be divided into three districts, as nearly equal in pop- 
ulation as may be. The justices of the su£r;eme court shall be elected by 
the qualified electors of the state, one of wifotn shall be selected from, and 
reside in each district." 

The question was taken, by yeas and nays, on the amendment to the 
substitute, 



And decided in the negative, ) jji^^* 



42 
86 



Digiti 



zed by Google 



August 13.] JOURNAL OP THE CONVENTION. 

Those votiDg Id the affirmative, are, 



339 



Mr. Akin 


Mr. Farwell 


Mr. Manly 
Markley 


Allen 


Hawley 


Anderson 


Henderson 


Morris 


Blair 


Horlbut 


NiehoU 


Blakelj 


Huston 


Oliver 


Bosbyshell 


Jenkin^ 


H. D. Palmer 


Brown 


Jones 


Pratt 


BuUer 


Ereider 


Scates 


Carter 


Laughlin 
Linley 


Sharpe 
Shields 


F. S. Casey 


Crain 


Lockwood 


Simpson 
Sineleton ) 


Dunlap 


McCuUy 


Edmonson 


MeCluxe 


£yey 


McUatton 


Whiteside. 


Those who voted 


in the negative, are, 




Mr. A*^yT»?? 


Mr. Harding 


Mr. Moore 


Armstrong 


Harlan 


Northcott 


Atberton 


Harper 


Pace 


Bond 


Harvey 


J. M. Palmer 


Brockman ' 


Hatch 


Pinckney 


Caldwell 


Hay 


Rives 


J. M. Campbell 


Hayes 

Hin 


Robbins 


Canady 


Robinson 


Z. Casey 


Hogue 
Holmes 


Roman 


Church 


Rountree 


ChurebtU 


Hunsaker 


Servant 


ConsUble 


Jackson 


Sibley 


R. J. Cross 


James 


Sim 


8, J. Cross ^ 


Judd 


£. 0. Smith 


Dale 


Kenner 


J.Smith 


D. Davis 


A. R. Enapp 


Spencer 
^dden 
Swan 


J. M. Davis 


Enowlton 


T. G. C. Davis 


Enoz 


Datwson 


Lander 


Thomas 


Deitz 


Lasater 


Thornton 


Dummer 


Lemon 


Trower 


Dunsmore 


Logan 


Tumbull 


Ilceles 


Loudon 


Turner 


C. Edwards 


McCallenI 


Tutt 


N. W. Edwards 


F. S. D. Marshall 


Tuttle 


Frick 


T. A. Marshall 


Vance 


Graham 


Mason 


Webber 


Gcddes- 


Matheny 


West 


H. R. Green 


Mieure 


Williams 


P. Green 


Miller 


Whitney 
Worcester 


W.'ti Gieen 


Minshall 


Grimshaw 


Moffett 


Mr. President 



The question was taken, by jeas and nays, on the adoption of the sub- 
stitute for the third section, 



And decided in the negative, 



(Yeas, 
(Nays, 



60 

77 



Digiti 



zed by Google 



340 



JOURNAL OP THE CONVENTION. [Augu st 13. 



Those voting in the affirmative, are, 



Mr. Akin 


Mr. Hatch 


Mr. Morris 


Anderson 


Hawley 


Nichols 


Armstrong 


Henderson 


Oliver 


Biair 


Hill 


Pace 


Bosbvshell 
BrockmaQ 


Hoes 


J. M. Palmer 


Hogue 


Pratt 


Brown 


Huusaker 


Roman 


Butler 


Huston 


Rountree 


J. M. Campbell 


James 


Scales 


Carter 


Jenkins 


Sbarpe 


F. S. Casey 


Kreider 


Simpson 


Z. Casey 


Lasater 


Singleton 
J. Smith 


Crain 


Laughlin 
Linley 


S. J. Cross 


Stadden 


Dale 


Mc Cully 


Tutt 


Dunlap 


McCiure 


Webber 


Edmonson 


McHatton 


Witt 


Evey 


Manly 


Whiteside 


Farwell 


Markley 


Worcester 


Harvey 


Moore 


Mr. President. 


Those voting in 


the negative, are^ 




Mr. Adams 


Mr. Harlan 


Mr. Mofi*ett 


Atherton 


Harper 


Norlhcott 


Caldwell 


Hay 


H. D. Palmer 


Canady 


Haves 
Holmes 


Pinckney 


Church 


Powers 


Churchill 


Hurlbut 


' Rives 


Constable 


Jackson 


Robbi^ 


R. J. Cross 


Jones 


Robinson 


D. Davis 


jQdd 


Servant 


J. M. Davis 


Eenner 


Shields 


T. G. C. Davis 


• A. R. Knapp 


Sibley 


Dawson 


. Knowlton 


Sim 


Deitz 


ktiox 


E. 0. Smith 


Dummer 


Lander 


Spencer 


Dunsmore 


Lemon 


Swan 


Eccles 


Lock wood 


Thomas 


C. Edwards 


Logan 


Thornton 


N. W. Edwards 


Loudon 


Trower 


Frick 


McCallen 


Tumbull 


Graham 


F. S. D. MarsbaH 


Turner 


Geddes 


T. A. Marshall 


Tuttle 


H. K. Green 


Mason 


Vance 


P. Green 


Matheny 


West 


W. B. Green 


Mieure 


Williams 


Grimshaw 


Miller 


Whitney. 


Harding 


Minshall 





Mr. Gediles offered the following as a sub.stitute for the third ^section: 
*^ The governor shall nominate, and by and with the advice and con- 
sent of the senate, (a majority of the senators elected concurring there- 
inO appoint the judges of the supreme court. Said judges shall hold their 
office for the term of nine year^, and until their successors shall be com* 
missioned and qualified ; Provided, that the office of one of the three 
judges first appointed shall be vacated at the end of the three years; of 
one at the end of six years, and of one at the end of nine years; to be de* 
lermined by lot by the said judges when they shall be commissioned and 



Digiti 



zed by Google 



AuguU 13.] JOURNAL OF THE CON VENTION. 



311 



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 ol 
so much of the section as is not included in the proviso. 

The question was taken, bj yeas and nays, on ordering a division, 



And decided in 


the ncgalivc. j Jea^ 


• • . . 


40 
95 


Those voting in 


the affirmative, are, 


• 




Mr. Adams 


Mr. Holmes 


Mr. J. M. Palmer 




R. J. Cross 


Hurl but 


Pinckney 




Deitz 


Jackson 


Rives 




Dummer 


Judd 


Robinson 




Eccles 


Kenner 


Sibley 




Geddes 


Lockwood 


Sim 




P. Green 


F. S. D. Marshall 


Thornton 




W. B. Green 


T. A. MarshaU 


Trower 




Harding 


Mason 


TumbuU 




Harlan 


Matheny 


Turner 




Harper 


Miller 


Tutt 




Hawley 


Minshall 


Tuttle 




Hay 


Northcott 


Vance. 




Hayes 








Those voting in 


the negative, are. 






Mr. Akin 


Mr. Danlap 


Mr. Linley 




Allen 


Dunsmore 


Logan 




Anderson 


Edmonson 


Loudon 




Armstrong 


C. Edwards 


McCallen 




AthcrtOB 


N. W. Edwards . 


McCulIy 




Blair 


Evey 

Frick 


McClure 




Biakely 


McHattoB 




Bond 


Graham 


Manly 
Markley 




Bosbyshell 


Grimshaw 




Brockman 


Harvey 


Mieure 




Brown 


Haich 


Moffelt 




Butler 


Henderson 


Moore 




CaldweU 


Hill 


Morris 




3. M CampbeU 


Hoes 


Oliver 




Canady 


Hogue 


Pace 




Carter 


Hunsaker 


H. D. Palmer 




F. S. Casey 


Huston 


Peters 




Z. Casey 


James 


Powers 




Church 


Jenkins 


Robbins 




Chiirchili 


Jones 


Roman 




Constable 


A. K. Knapp 


Rountree 




Crain 


Knowlton 


Scates 




8. J. Cross 


Knox 


Servant 




Dale 


Kreider 


Sbarpe 




D. Davis 


Lander 


Shields 




J. M. Davis 


Lasater 


Simpson 




T. G. C. Davis 


Laaghlin 


Singleton 




^Dawson 


Lemon 


Spencer 





Digiti 



zed by Google 



342 



JOURNAL OP THE CONVENTION. lAuguMt 13. 



Mr. Stadden 


Mr. West 


Mr. Whitney 
Worcester. 


Swan 


Williams 


Thomas 


Witt 


Mr. President 


W«bber 


Whiteside 





The question was taken, by jeas and nays, on the adoption of the 
third section, 



And decided in 


the affirmative, | JjJJ 


88 

• • • • 53 


Those voting in 


the affirmative, are. 




Mr. Adams 


Mr. Frick 


Mr. Mieure 


Akin 


Graham 


Miller 


Allen 


Geddes 


Moffett 


Anderson 


H. R. Green 


Morris 


Armstrong^ 


P. Green 


Northcott 


Atherton 


W. B. Green 


H. D. Palmer 


Blair 


Grimshaw 


Pinckney 


Blakely 


Harlan 


Powers 


Bond 


Hawley 


Pratt 


. Brockman 


Hay 


Rives 


Brown 


Heaeock 


Robbins 


Butler 


Hill 


Robinson 


Caldwell 


Holmes 


Roman 


J. M. Campbell 


Hurlbut 


Servant 


Ca^nady 
Church 


Jackson 
Jenkins 


Shields 
Sim 


Churchill 


Jones 


J. Smith 


Constable 


A. R. Knapp 


Spencer 


R. J. Cro8» 


Knowlton 


Swan 


D. Davis 


Knox 


Thomas 


J. M. Davis 


Lander 


Trower 


T. 6. C. Davi» 


Lemon 


Vance 


Dawson 


Lockwood 


Webber 


Dummer 


Logan 


West 


Dunlap 


London 


Williams 


Dunsmore 


McCallen 


Witti 


Eccles 


F. S. D. Marshall 


Whitney' 


Kdmonson 


T. A. MarshaU 


Worcester 


C. Edwards 


Matbeny 


Mr. President. 


N. W. Edwards 






Those voting in 


the negative, are, 




Mr. BosbysheU 


Mr. Hunsaker 


Mr, Oliver 


Carter 


Huston 


Pace 


r. S. Casey 


James 


J. M. Palmer 


Z. Casey 


Judd 


Peters 


Crain 


Kenner 


Rountree 


S. J. Cross 


Kreider 


Scates 


Dale 


Lasater 


Sbarpe 


Deitz 


Laughlin 


Sibley 


Evey 


Linlin 


Simpson 
Singleton 
StaSden 


Jarwell 


MeCally 


Harding 


McClore 


Harper 


McHatton 


Therntott 


Harvey 


Manly 


Turnbull 


Hatch 


Markley 


Turner 


Rayes 


Mason 


Tutt 


Henderson 


Minshall 


Tattle 


Hoes 


Moore 


Whiteside. 


Hogne 







Digiti 



zed by Google 



Augwt 13.] JOURNAL OP THE CONVENTION. 343 

Mr. Constable moved a reconsideration of the last vote taken* 

The question was taken, and decided in the negative. 

Mr. Hogae moved to amend the fourth section by striking out the 
word ^'three,^ in the second and third lines, and to insert the word ^«two" 
in lieo thereof; to strike out the word ^^ six,^' in the second line, and to 
insert the word ^'four** 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 if^ substitute for the words '^ two," ^* four/', and 
<<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 consecutivelj 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 
Che word <'held," in the last line, and to insert in lieu thereof the follow- 
ing: 

^* In each judicial circuit." 

Mr. Minshall proposed as a substitute for the amendment to be added at 
the end of the section the following: 

*^ And provided^ that the legislature, after the year 1850, may increase 
the number of judges to four, but after that addition, the number of jus- 
tices of the supreme court shall not be increased or diminished." 
On motion of Mr« Witt, 

The amendment and substitute therefor were laid on the table. 

Mr. Armstrong moved to amend the sixth section by inserting after the 
word ^^and," in the second line, the words ^ at such place or." 

Mr. Scates proposed as a substitute for the amendment, to strike out the 
words ^^ and places," in the second line, and to insert before the words ^^t 
«uch times," the words **at one place." 

The question was taken, and the substitute rejected. 

The question was taken on the amendment proposed by Mr. Armstrong, 
and decided in the affirmative. 

Mr. Harding moved to amend the same section, by adding at the end 
thereof the words '*in each grand division." 

Mr. Hurlbut moved to substitute for the amendment the words <'in the 
state." 

On motion. 

The convention adjourned to 3 o'clock, p. m. 



THREE o'clock, P. M. 



The convention met pursuant to adjournment 

On motion of Mr. D. Davis, 
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. Archer, Ballingall, Bosby shell, Brown, Bunscn^T. Campbell, 



Digiti 



zed by Google 



344 



JOURNAL OP THE CONVENTION. ^August 13. 



Carter, Choate, Dement, Dunn^C* Edwards, FarweII,H.R. Green, Gregg, 
Grimshaw, Heacock, Hoes, S. Kinney, W. C. Kinney, Kitciiell, N. M« 
Knapp, McCallen, Matheny, Morris, Norton, Robinson, Servant, Sher- 
man, E. O* Smith, Thompson, Vernor, Wead, Williams, and Wood- 
son — 34, 

On motion of Mr. Northeott, 

Further proceedings under the call were dispensed with. 

The question pending when the convention audjourned was on the sub- 
stitute proposed by Mr. Hurlbut for the amendment oifered by Mr. Har- 
ding to the sixth section, as amended, of the report of the select com- 
mittee of twenty-seven on the Judiciary Department. 

Mr. Harding withdrew his amendment. 

Mr. Hurlbut moved* to amend the same section, by adding at the end 
thereof the words **in the state." 

The question was taken, and decided in the affirmative. 

Mr. Harding moved to amend the same section, as amended, by striking 
out all after the word " divisions." 

The question was taken, by yeas and nays, 



And decided in the negative, )j^^*'' 

Those voting in the affirmative, are, 

Mr. Adams 
AkiD 
Allen 
Armstrong 
Atherton * 
Blakely 
F. S. Casey 
Z. Casey 
Grain 

S. J. Cross 
J. M. Davis 
Deitz 
Dummer 
Dunsmore 
Frick 
P. Green 
Gnmshaw 
Harding 
Harlan 
Harper 
Hunsaker 
Haston 

Those voting in the negative, are, 

Mr. Anderson . 
Blair 
Bond 
Brockman 
Brown 
Butler 
Caldwell 
J. M. Campbell 



64 



Mr. Jenkins 


Mr. Romaic 


Jones 


Scates 


Judd 


Servant 


Kenner 


Shields 


A. R. Knapp 


Sibley 


Knox 


Sim 


Kreider 


Sinerleton 


Lander 


Stadden 


Lasater 


Swan 


Manly 


Thornton 


Mieure 


Trower 


Miller 


Turnbull 


Minshall 


Turner 


Moore 


Tutt 


Nichols 


Tuttle 


Oliver 


Vance 


Pace 


Webber 


Pinckney 


Witt 


Pratt 


Whiteside 


Rives 


"Whitney 


Robinson 


Worcester, 



Mr.'Canady 


Mr. T. G. C. Davis 


Church 


Dawson 


Churchill 


Dunlap 


Colby 


Ecclcs 


Constable 


Edmonson 


R. J. Cross 


C. Edwards 


Dale 


N. W. Edward* 


D. Davis 


Evey 



Digiti 



zed by Google 



August 13.] JOURNAL OF THE CONVENTION. 



315 



Mr. Graham 


Mr. Enowlton 


Mr. Noftbcott 


Geddes 


Laughlin 


H. D. Palmer 


W. B. Green 


Lemon 


J. M. Palmer 


Harvey 


Linley 


Peteis 


liatch 


Lockwood 


Powers 


Hay 


Logan 


Robbins 


Hayes 


Mc Cully 


RooDiree 


Heacock 


McClure 


Shumway 


Henderson 


McHatton 


Simpson 


Hill 


Markley 

F. S. B. Marshan • 


J. Smith 


Hogue 


Spencer 
Thomas 


Holmes 


T. A. Marshall 


Hiirlbut 


Mason 


West 


Jackson 


Moffett 


Williams 


James 


Morris 


Mr. President* 



Mr. Geddes moYed that the same section, as amended, be further amend- 
ed 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 lime 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* 
tioD, 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, 



if^s^l decided in the negative, 



^ Yeas, 
(Nays, 



Those voting in the affirmative, are, 



Mr. Armstrong 
Blair 

Bosbyphell 
Broctiman 
Butler 

J. M. Campbell 
Carter 
Churchill 
8. J. Cross 
Frick 



Mr. P. Preen 
Harding 
Harlan 
Harvey 
Hatch 
Hawley 
Henderson 
Hunsaker 
Huston 
James 



Mr. Jenkins 
Kenner 
Knowlton 
Kreider 
Laughlin 
Linley 
McClure 
McHattoa 
Manly 
Markley 



47 
90 



Digiti 



zed by Google 



3i6 



JOURNAL OP THE CONVENTION. lAvgtut 13. 



Mr. T. A. MarihaU- 


Mr. Rives 


Mr. Singleton 


Miller 


Shields 


Spencer 


Moore 


Shumway 


Stadden 


Morris 


Sim 


Trower 


Nichols 


Simpson 


Tult. 


Powen 






Those voting in 


the negative, are, 




Mr. Adams] 


Mr. Graham 


Mr. Oliver 


Akin 


Geddes 


Pace 


Alien 


W. P. Green 


H. D. Palmer 


Anderson 


Gregg 


J. M. Palmw 


Atberton 


Grimshaw 


Peters 


Blakely 


Harper 


Pinckney 


Bond 


Hayi 


Pratt 


Brown 


HayJs 


Robinson 


Caldwell 


Heacock 


Roman 


Canady 
F. S. Casey 


Hill 


Rountree 


Hoffue 
Holmes 


Scales 


Z. Casey 


Servant 


Church 


Hurlbut 


Sbarpe 


Colby 


Jackson 


Sibley 


Constable 


Jones 


J. Smith 


Crain 


Judd 


Swan 


R. J. Cross 


A. R. Enapp 


Thomas 


Dale 


Knox 


Thornton 


D. Davis 


Lander 


TurnbuU 


J. M. Davis 


Lasater 


Turner 


T. G. C. Davis 


Lemon 


Tuttie 


Dawson 


Lockwobd 


Vance 


Dammer 


Lo^an 


Webber 


Dunlap 


Loudon 


West 


Dunsmort 


McCully 


Williams 


£ccles 


F. S. a Marshall 


Witt 


Edmonson 


Mieure 


Whiteside 


C. Edwards 


Minshall 


Whitney 


N. W. Edwards 


Moffett 


Worcester 


Evey 


lYorthcott 


Mr. President 



Mr. Harvey called for a division, so as to vote first on striking out. 
The question was taken, and decided in the negative. 
The question was taken, by jcas and nays, on the adoption of the 
substitute offered by Mr. Harding, 



(Yeas 
And decided in the negative, jNavs' 

Those voting in the affirmative, are, 



63 
71 



r. Adams 


Mr. Church 


Akin 


Constable 


Allen 


Crain 


Atherton 


R. J. Cross 


Blakely 


S. J. Cross 


Brockman 


J. M. Davis 


J. M. Campbell 


Dummer 


Canady 


Dunsmore 


Carter 


Frick 


F. S. Casey 


Geddes 


Z. Casey 


W. B. Green 



Mr. Harding 
Harper 
Hogue 
Hunsaker 
Jackson 
Jenkins 
Keoner 
A. R. Knapp 
Knox 
Lander 
Lasater 



Digiti 



zed by Google 



Jiugutt 13.J JOURNAL OP THE CONVENTION. 



847 



Mr. Lemon 


Mr. Pratt 


Mr.TumbaH 


London 


Robinton 


Turner 


McHatton 


Scates 


Tuttle 


Manly 


Shields 


Vance 


Mieure 


Sibley 


Webber 


Minshall 


Sim' 


West 


Nichols 


Simpson 


Witt 


Oliver 


Swan 


Whiteside 


H. D. PiOmer 


Thornton 


Whitney 


Pinckney 


Ttewer 


Worcester. 


Those voting in 


the negative, are, 




Mr. Andenon 


Bfr. HarUn 


MnfiT. A. MarshaU 


Annetroog 


Harvey 


Miller 


Blair 


Hatch 


Moffett 


Bond 


Hawley 


Moore 


Boabyihell 


Hay 


Morris 


Brown 


Hayes 


Northcott 


Butler 


Heacock 


Pace 


Caldirell 


Henderson 


J. M. Palmer 


Churchill 


Hill 


Peters 


Colby 


Holmes 


Powers 


Date 


Hurlbttt 


Rives 


T. G. C. Davis 


Huston 


Bobbins 


]>aw8on 


James 


Roman 


Deitz 


Jones 


Rountree 


Dnnlap 


Jadd 


Servant 


Eccles 


Knowlton 


Sharpe 


Edmonson 


Kreider 


Sbufflway 


C. Edwards 


Langhlin 
Lin^y 


Singleton 


N. W. Edwards 


• Spencer 
Stadden 


Evey 
Graham 


Lockwood 


McCully 


Thomas 


P. Green 


McClnre 


Tutt 


Gregg 


Markley 

F. S. D. Marshall 


Mr. President. 


Grimshaw 





Mr. Eccles demanded the previous question. 

The question was taken, and decided in the negative. 

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,. 



(Yeas, 

(Nays, 



83 
52 



Mr. Akin 
Allen 
Anderson 
Blair 
Brown 
Butler 



Mr. Caldwell 
Canady 
F. S. Casey 
Z. Casej 
Church 
Churchill 



Mr..Dale 

T. 6. C. Davis 

Dawson 

Dunlap 

Eccles 

Edmonson 



Digiti 



zed by Google 



B48 



JOURNAL OF THE CONVENTION. lAigust 13. 



Mr. C. Edwards 


Mr. A. R. Knapp 


Mr. Pratt 


N. W. Edwards 


Kreider 


Rives 


Graham 


Lander 


Robbins 


Geddes 


Lemon 


Roman 


P. Green 


Lockwood 


Rountree 


Gregg 
Harlan 


Loudon 


Sbarpe 
Shields 


McCully 


Harper 


McHatton 


Sibley 


Harvey 


Manly 


Simpson 


Hay 


F. S. D. Marshall 


J. Smith 


Hayes 


T. A. Marshall 


Spencer 


Heacock 


Miller 


Stadden - 


Hill 


Moffett 


Thomas 


Hoffue 
Hoioies 


Moore 


TurnbuU 


Morris 


Tarner 


Hurl but 


Oliver 


Tutt 


Huston 


Pace 


Vance 


Jackson 


H. D. Palmer 


Webber 


James 


J. M. Palmer 


(Vest 


Jenkins 


Peters 


Williams 


Jones 


Pinckney 


Whiteside. 


Judd 


Powers 




Those voting in 


the negative, are, 




Mr. Adams 


Mr. W. B. Green 


Mr. Mieure 


Armstrong 


Grimsbaw 


Minshall 


Atherton 


Harding 


Northcott 


Brockman 


Hatch 


Robinson 


J. M. Campbell 


Hawley 


Scates 


Carter 


4 Henderson 


Servant 


Colby 


Hoes 


Shumway 


Constable 


Hunsaker 


Sim 


Crain 


Kenner 


Singleton 


R. J. Cross 


Knowlton 


Swan 


8. J. Cross 


Knox 


Thornton 


D. Davis 


Lasater 


Trower 


J. M. Davis 


Laugh lin 
Linley 


Tuttle 


Deitz 


Witt 


Dummer 


Logan 


Whitney 


Dunsmore 


McClure 


Worcester 


Evey 


Markley 


Mr. President 



Frick 



The question was 'taken, by yeas and nays, on the adoption of the 
substitute for the substitute. 



And decided in 


the 


-g««-' {IVyi 


• • • 

* • • 


Those voting in 


the affirmative, are, 




r. Adams 




Mr.-Chorch 


Mr. P. Green 


Akin 




Constable 


W. B. Green 


AUen 




Crain 


Harding 


Atherton 




J. M. Davis 


Harper 


Brockman 




Deitz 


Hill 


J. M. CampbeH 




Dummer 


Hunsaker 


Canady 




Dunsmore 


Huston 


Carter 




N. W. Edwards 


Jackson 


F. S, Casey 




Frick 


James 


Zadok Casey 




Geddes 


Jenkins 



68 
68 



Digit! 



zed by Google 



August 13.] JOURNAL OP THE CONVENTION. 



341) 



Mr. Jadd 
Keoner 
A. R. Knapp 
Knux 
Lemon 
LoudoD 
McCailen 
McHattoD 
MasoD 
Mieure 
Minshall 
Mofiett 
Nichols 



Mr. Nortbcott 


Mr. Swan 


Oliver 


Thornton 


H. D. Palmer 


Trower 


Pinckney 


Turnbull 


Pratt 


Turner 


Robinson 


Tuttle 


Shields 


Vance 


Stiamway 


Webber 


Sibley 


West 


Sim 


Whiteside 


Simpson 


Whitney 


Spencer 


Worcester. 


Stadden 





Those voting id the negative^ are, 



Mr. Anderson 
Armstronc 
Blair 
Bond 
Blown 
Batler 
Caldwell 
Churchill 
Colby 

R. J. Crosfl 
S. J. Cros s 
Dale 

D. Davis 
Dawson 
Dunlap 
Eccles 
EdiQonsoB 
C. Edwards 
Evey 
Graham 
Grimshaw 
Harlan 
Harvey 



Mr. Hatch 
Hay 
Hayes 
Heacock 
Henderson 
Hoes 
Ho<^ue 
Holmes 
Hurlbut 
Jones 
Knowlton 
Kreider 
Lander 
Lasater 
Laughlin 
Linley 
Lock wood 
Logan 
McCully 
McClure 
Manly 
Markley 
F. S. D. Marshall 



Mr. T. A. Manhall 

Miller 

Moore 

Morris 

Pace 

J. M. Pftlmer 

Peters 

Powers 

Rives 

Robbins 

Roman 

Rountree 

Scates 

Servant 

Sharpe - 

Singleton 

Zi Smith 

Thomas 

Tutt 

Williams 

Wilt 

Mr. President. 



The question was taken, by yeas and nays, on the adoption of Ihc 
substitute offered t^Mr. Hogue, 



And decided in the negative 



Mr. Bond 
Brown 

Canady 

Carter 

Dawson 

N. W. Edwanle 

Evey 

Graham 

Geddes 

W. B. Green 

Harper 

Hayes 

Hogue 

Holmes 



.(TRtivP $Yeas, 


• • • 


. 40 


«^*^^^' { Nays, 


• • • 


. 97 


Brmative, are, 






Mr. Jackson 


Mr. Pinckney 




Jones 


Robinson 




Judd 


Scates 




Knox 


Servant 




Lander 


Sharpe 




Lasater 


Sim 




Lemon 


Simpson 




Lock wood 


Singleton 




F. S. D. Marshall 


Thornton 




Mason 


Turner 




MinshaU 


Tuttle 




Pace 


Witt 




J. M. Palmer 


Worcester. 





Digiti 



zed by Google 



330 



JOURNAL OP THE CONVENTION. [Augtui 13. 



Those voting in the negative, are, 



Mr. Adams 
Akin 
Allen 
Anderaon 
Armstrong 
Atherton 
Blair 
Blakely; 
Brockman 
Butler 
CaldweU 
J. M. Campbell 
F. a Casey 
Z. Casey 
Church 
Churchill 
Constable 
Crain 

R. J. Cross 
S. J. Cross 
Dale 

J. M. Daris 
T. 6. C. Davis 
Deitz 
Bummer 
Dunlap 
Dunsmore 
Eccles 
Edmonson 
C. Edwards 
Frick 
P. Green 



Mr. Gregg 
Grimshaw 
Harding 
Harlan 
Harvey 
Hatch 
Hawley 
Hay 

Heacock 
Henderson 
Hill 
Hoes 
Hunsaker 
Hurlbttt 
Huston 
James 
Jenkins 
Kenner 
A. R. Knapp 
Eoowlton 
Kreider 
Laughlin 
Linley 
Loudon 
McCallen 
McCully 
McClure 
McHatton 
Manly 
Markley 
T. A. Marshall 
Mieure 



Mr. MUler 
Moffett 
Moorv 
Morris 
Nichols 
Northcott 
Oliver 

H. D. Palmer 
Peters 
Powers 
Pratt 
Rives 
Robbins 
Roman 
Roantree 
Shields 
Sham way 
Sibley 
J. Smith 
Spencer 
Stadden 
Swan 
Thomas 
Trower 
TumbuU 
Tutt 
Vance 
Webber 
Williams 
Whiteside 
Whitney 
Mr. President. 



The question was taken, by jcaa and najs, on the adoption of the 
sixth section, as amended, 



And decided in 


the affirmative, |J«j;; 


• • • 

• • • 


85 
52 


Those voting in 


the affirmative, are, 


• 


• 


Mr. Adams 


Mr. T. G. C. Davis 


Bfr. Holmes 




Akin 


Dawson 


Hurlbttt 




Anderson 


Dunlap 


Huston 




Armstrong 


Dunsmore 


James 




Blair 


Eccles 


Jones 


» 


Bond 


Edmonson 


Kenner 




Brockman 


C. Edwards 


A. R. Knapp 




Brown 


N. W. Edwards 


Knowlton 




Butler 


GedJes 


Kreider 




CaldweU 


P. Green 


Laughlin 




J. M. Campbell 


W. B. Green 


Linley 




Can ad V 
Church 


Gregg 


Lockwood 




Grimshaw 


Logan 




Churchill 


Harlan 


Loudon 




Colby 


Harvey 


McCallen 




Crain 


Hay 


McCully 




R. J. Cross 


Heacock 


McClore 




8. J. Cross 


Henderson 


McHatton 




Dale 


HiU 


Blanly 





Digiti 



zed by Google 



August 13.] JOURNAL OF THE CONVENTION. 



sst 



r. F. a B. Marshall 


Mr. Powers 


Mr. Spencer 
Thomas 


T. A. Manhall 


Pratt 


Mieare 


Rives 


Tutt 


Miller 


Bobbins 


Vance 


Moffett 


Roman 


Williams 


Nichols 


-Rountree 


Witt 


H. D. Palmer 


Sbarpe 


Whitney 


Peters 


Simpson 


Mr. President 


Piacknej 


J. Smith 




Those voting in 


the negative, are, 




r. Allen 


Mr. Hoes 


Mr. J. M. Palmer 


Atherton 


Hogue 


Robinson 


Blakely 


Hnnsaker 


Scates 


Carter 


Jackson 


Servant 


F. S. Casej 


Jenkins 


Shields 


Z. Casey 
CoDsUble 


Judd 


Shumway 


Knox 


Sibley 


J. M. Davis 


Lander 


Sim 


Deitz 


Lasater 


Singleton 


Pommer 


Lemon 


Swan 


Evcy 
Frici 


Markley 


Thornton 


Mason 


Tumbuli 


Graham 


Minshall 


Turner 


Haidine 


Moore 


Tuttle 


Harper 


Northcott 


Webber 


Hatch 


Oliver 


Whiteside 


Hawley 


Pace 


Worcester. 


Hayes 







Mr. Rountree moved to postpone the consideration of the 7th, 8th, 9th, 
10th, 11th amd 12th sections for the present. 

The question was taken, and decided in the affirmative. 

Mr. Armstrong moved that the following be substituted in lieu of the 
13lh section: 

^^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 
yoters of the county, on the same day fixed for the election of other 
judicial officers, who shall bold their offices four years and until their suc- 
cessors are elected and qualified." 

Mr. Singleton moved to amend the substitute by substituting therefor 
the following: 

^4st. There shall be in each county in this state a county court, to be 
composed of the justices of the peace of the several counties. And no 
other tribunal shall hereafter be created for the management and direction 
ofguch matters as may pertain to the inteinal regulations of the counties. 

'^2d. Said justice shall not be allowed any other compensation for their 
services as members of said court than exemption from military duty 
and labor upon the public highways. 

''3d. Said courf shall have original jurisdiction of all causes to which 
the county is or may be a party, and shall exorcise all the powers and 
duties of probate court not conferred by law upon the circuit court, and 
such other jurisdiction as the legislature may confer.'* 
The rule having been temporarily suspended, 
On motion of Mr. LogaOy 



Digiti 



zed by Google 



352 JOURNAL OF THE CONVENTION. [August 12. 

Resolved^ That a committee of nine, one from each judicial circuit be 
appointed to divide the state into three grand divisions, for the election 
of judges of the supreme court. 

2. That said committee be instructed to make said divisions, as nearly 
equal in population as practicable, and to make said divisions by lines 
running, as nearly as may be, east and west across the state, with county 
lines. 

3. That said committee be instructed to fix one place in each grand 
division for holding the supreme court, until otherwise provided by law. 

Ordered^ That Messrs. Logan, Gregg, Pratt, Peters, Uarvej, Harlan, 
Caldwell, Brown and Tiiomas be that committee. 

The rule having been temporarily suspended, 

Mr. J. M. Palmer, from the committee on Education, reported the fol- 
lowing as suitable to be engrafted in the revised constitution: 

ARTICLE — . 

Section 1. The moneys received from the United States under the 
provisions of the act of Congress of the 18th day of April, 1818, for the 
encouragement of learning, constituting 'Uhe school fund," and that 
bestowed on a college or university, constituting ^Hhe college fund," as well 
as that arising from the sale of lands granted for the use of a seminary 
of learning, constituting *Hhe seminary fund,*' with all additions which 
have been or that may hereafter be made to said funds, or any of them, 
shall remain perpetual funds and be held by the state for the uses and 
purposes aforesaid, the annual interest only to be applied to the support 
of schools, a college or seminaries, under the authority of the general 
assembly. 

Sec. 2. Officers and trustees having the care or control of any school, 
college or seminary funds, or any school fund of any township in this state 
for investment, may purchase therewith or invest the same in the bonds 
of this state, at their market value, under such regulations as the general 
assembly may prescribe, and it shall be the duty of the general assembly 
to provide for the prompt payment of the interest on such bonds so pur- 
chased as aforesaid, as the same becomes due; Provided^ that the general 
assembly may hereafter prohibit or restrict such investments as the pub- 
lic good may require. 

Sec. 3. It shall be the duty of the general assembly to provide for a 
system of common schools, which shall be as nearly uniform as may be 
throughout the state, and such common schools shall be equally free to all 
the children in the state, and no sectarian instruction shall be permitted 
in any of them. 

Sec. 4. Thesuperintendency of public instruction in this state shall be 
vested in an officer to be styled ^Uhe superintendent of common schools," 
and such county and local superio tendencies a3 mav be established by 
law." 

Sec 5. At the first session of the general assembly after the adoption 
of this constitution, and biennially thereafter, it shall be the duty of the 
governor, by and with the advice and consent of the senate, (a majority of 



Digiti 



zed by Google 



Jiugusi 14.] JOURNAL OP THE CONVENTION. 353 

al] the members elected thereto concurring therein,) to appoint a superin- 
tendent of common schoois, who shall hold. his office for the term of two 
jears and shall perform such duties and receive such salary as the general 
assembly may prescribe; Provickdy that vacancies occurring in said office 
by death, resignation, refusal to act, or otherwise, may be filled by the 
governor, and persons thus appointed shall continue in office until the end 
of the next session of the general assembly. 

Ssc. 6. The preceding section shall continue in force for the term of 
six years from and after the time at which such first appointment is made 
in pursuance thereof, and no longer, aftf^r which time the general assem- 
bly may provide for the continuance of said office or for the election of 
such office by the people. 

On motion of Mr, J. M. Palmer, 

The reading of the report was dispensed with, the report laid on the 
table, and 250 copies ordered to be printed for the use of the coavention. 
On motion. 

The convention adjourned- 

SATURDAY, August 14, 1847. 

The president being absent in consequence of sickness in his family, 
On motion of Mr. Roiintree, 

Hon. Z.Casey was appointed president pro tempore ; who took the 
chair. 

The journal of yesterday was read and corrected. 

The question pending when the convention adjourned on yesterday, was 
on the substitute offered by Mr. Singleton for the substitute proposed by 
Mr. Armstrong, for the 13th set;tion of the report of the select committee 
of twenty-seven on the Judiciary Department. 

Mr. Armstrong modified his proposed amendment by striking out the 
words "on the same day fixed for the election of other judicial officers" 
and 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 
after the word ^'associates," the words "the latter being justices of the 
peace, to be drawn alternately from each precinct in the county." 
,Qn motion of Mr. Constable, 

The main question was ordered. 

The question was taken upon the adoption of the amendment to the 
amendment, and decided in the negative. 

The question was taken , by yeas and nays, upon the adoption of 
the modified amendment. 

And decided in the negative, Jn^v^ \ \ \ * " 8^ 
23 



Digiti 



zedbyGoogie 



351 



JOURNAL OF THE CONVENTION, [Augmt 14. 



Those voting in the affirmative, are. 



Mr. Armstrong 
Blair 


Mr. Hin, 
Hoeir 


Mr. Nichols 
Rives 


Blakely 


Hogue 
Jackson 


Robinson 


Bond 


8harpe 


Bosbyshel^ 


Jenkins 


Shields 


BrockmaD 


jQdd 


Singleton 


Churchill 


Kreider 


£. O. Umitb 


Crain 


Laugh Ud 


Spencer 


Deitz 


Lemon 


Stadden 


Jrick 


Lin ley 


Swan 


W. B. Green 


McClure 


Turnbull 


Harcifng 


McHattoD 


Tult 


Markley 


Vance 


Harper 


F. S. D. Marshall 


Witt 


Hawley 


Morris 


Whiteside. 


Henderson 






Those voting in the 


negative, are. 




Mr» Adams 


Mr. Geddes 


Mr. Minshall 


Akin 


H. R. Green 


Moffett 


Allen 


P. Green 


Moore 


Anderson 


Grimshaw 


Northcott 


Archer 


Harlan 


Oliver 


Athertonr 


Harvey 


Pace 


Brown 


Hatch 


J. M. Palmer 


Butler 


Hay 


Peters 


Galdwefl 


Heacock 


Pinckney 


Carter 


Holmes 


Powers 


F. a Caaey 


Hunsaker 


Robbins 


Z. Casey 


Hurlbut 


Roman 


Church 


Huston 


Rountree 


Constable 


James 


Scates 


R. J. Cro89 


Jones 


Servant 


Pale 


Kenner 


Shumway 


D. Davis 


A. R. Knapp 


Sibley 


J. M. Davis 


Knox 


Sim 


T. G. C. Davis 


Lander 


Simpson 


Dawson 


Lasater 


Thomas 


Dummer 


Lockwood 


Thornton 


Dunsmore 


McCallen 


Trower 


Eccles 


McCully 


Turner 


Edmonson 


Manly 


Webber 


C. Edwards 


T. A. Marshall 


West 


N. W. Edwards 


Mason 


Williams 


Evey 


Mieure 


Worcester. 


Graham 


Miller 





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 countj 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 **juflge of probate,*' whose compensation shall be regulated by law. 

'fcThe courts of probate shall have jurisdiction in matters relating to the 
settlement of the estates of deceased persons, executor.^', administrntors 



Digiti 



zed by Google 



August 14.] JOURNAL OF THE CONVENTION, 



355 



and guardians, and such other jurisdictioa as maj 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, 

(Yeas 
And decided in the affirmative, < j^ ' 

Those voting in the affirmative, are, 



Hr. Akin 
Armstrong 
FarweU 
Frick 

H. R. Green 
W. B. Gr«en 
Harper 
Hay 
Hayes 



Mr. Hill 
Hoes 
Hoffue 
JacKflon 
Judd 
Kenner 
Mason 
Oliver 



Mr. 



• • 


. 25 


• • 


. 100 


J. M. Palmer 




Powers 




Robinson 




Scates 




Sim 




Spencer 




Stadden 




West 





Those voting in the negative, are, 



Mr. Adams 
Allen 
Anderson 
Archer 
Atherton 
Blair 
Blakely 
Bond 

Bosbvsbell 
Brockman 
Brown 
BuUer 
Caldwell 
Carter 
F. S. Casey 
Z. Casey 
Church 
Churchill 
Constable 
R. J. Cross 
Date 

D. Davis 
J. M. Davis 
Dawson 
Deitz 
Dummer 
Dunsmore 
Eccles 
Edmonson 
C. Edwards 



Mr. x\. W. Edwards 


Mr. McHatton 


Evey ^ 
Graham 


Manly 


Markley 


Gedded 


F. 3. D. Marshall 


P. Green 


T. A. Marshall 


Mieure 


Grimshaw 


Miller 


Harding: 


Minshall 


Harlan 


Moffett 


Harvey 


Moore 


Hatch 


Morris 


Hawley 


Nichols 


Henderson 


Northeott 


Holmes 


Pace 


Hunsaker 


Peters 


Hurlbut 


Pinckney 


Huston 


Pratt 


James 


Rives 


Jones 


Robbins 


A. R. Knapp 


Roman 


Knox 


Rountree 


Kreider 


Servant 


Lasater 


Sharpe 
Shields 


Laughlin 


Lemon 


Shumway 


Linley 


Sibley 


Loudon 


Simpson 


McCallen 


Singleton 
E. D. Smith 


McColly 


McClurt 


J. Smith 



Digiti 



zed by Google 



356 



JOURNAL OF THE CONVENTION. lAugust 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 affirnnative. 

Mr. Scales moved to postpone the consideration of the 15th, 16th and 
17th sections for the present. 

I'lie question was taken, and decided in the negative. 

Mr. Robbins moved to amend the 15th section bj adding thereto: 

^^Spccial pleadings in the county court in relation to matters of pro- 
l)atc 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: 

''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 tlie 3d line, and to insert in lieu thereof the 
words 'Uhe ofTence 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 
wonl •Maw,"inthe the third line. 

The question was taken, and decided in the negative. 

Mr. Farwell moved that the 15th section be amended by adding thereto 
the following: 

*^Providedf that no lawyer shall in any case be permitted to practice in 
such court." 

On motion of Mr. Constable, 

5 Yeas, ... 15 

117 



The amendment was laid on the table. 



(Nays. 



Those voting in the affirmative, are, 



Mr. Adams 


Mr. F. S. Casey 


Mr. Eccles 


Allen 


Zadok Casej 


Edmonton 


Anderson 


Church 


C. Edwards 


Archer 


Churchill 


N. W. Edwards 


Atherton 


Constable 


Evey 
Graham 


Blair 


Crain 


Blakelr 


R. J. Cross 


Geddes 


Bond 


Dale 


P. Green 


Botbysbell 


D. Davis 


W. B. Green 


Brown 


J. M. Davis 


Ongg 


BuUer 


Pawsoa 


Grimsbaw 


Caldwen 


Deitz 


Hanltng 


J. M. Campbell 


Dommer 


Harlan 




Dunsmora 


Harper 



Digiti 



zed by Google 



August 14.] JOURNAL OP THE CONVENTION. 



357 



Mr. Hatch 
Hawlejr 
Hay 
Hayes 
Heacock 
Hendenon 
Hill 
HojTiie 
Holmes 
Hunsak^r 
Hurlbut 
Boston 
Jackson 
James 
Jenkins 
Jones 
Kenner 

A. R. Knipp 
Knox 
KreiJer 
Lasater 
Laughlin 
Lemon 
Linley 
Lockwoo4 
Logan 



-. McCallen 


Mr. Roman 


McCully 


Rountree 


McClure 


Servant 


McHatton 


Sharpe 


Manly 
Markley 


Sibley 


Sim 


F. S. D. Marshall 


Simpson 
E. 0. Smith 


T. A. MarahaU 


Mieure 


Ji Smith 


Miller 


Spencer 


Minshall 


Staddeu 


Moffett 


Swan 


Moore 


Thomas 


Morris 


Thornton 


Nichols 


Trower 


Northcott 


TurnbuU 


Oliver 


Turner 


Pace 


Tutt 


J. M. Palmer 


Vance 


Peters 


Webber 


Pinckney 


West 


Pratt 


Williams 


Rives 


Witt 


Robbins 


Whiteside 


Robinson 


Worcester. 



Those voting in the negative, are, 



^r. Akin 
Armstrong 
Brockman 
Carter 
Colby 



Mr. S. J. Cross 
Farwell 
Frick 
Harvey 
Judd 



Mr. Lander 
Mason 
Scates 
Shields 
SingtetoA.' 



tf r« Adams moved the previous question* 

On motion, 
The convention adjourned tj three o'clock, p. m. 



THRBK 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, Ballingail, Bosbyshell, Bunsen, T. Campbell, Canady, 
Choate, Colby, Constable, T, G. C." Davis, Dement, Dunlap, Dunn, Far- 
well, 11. R. Green, W, B, Green, Gregg, Hatch, Hayes, Heacock, Hoes, 
Jones, Judd, Kenner, S. Kinney, W. C.Kinney, Kitcheli, N. M. Knapp, 
l-ioley, Logan, Loudon, Matheny, Miller, Northcott, Norton, Pace, H. 
P* Palmer,~Servant, Sharpe, Sherman, Thompson,Tuitle, Vernor, Wead, 
Woodson and Mr. l*resident. — 46. 
On motion of Mr. Mieure, 

Mr. H. D. Palmer was excused in consequence of illnes*. 
On motion of Mr. Geddcs, 

Mr. H. R. Green was excused in consequence of illness. 



Digiti 



zed by Google 



358 



JOURNAL OP THE CONVENTlOxX. lArigust 14. 



On motion of Mr. Armstrong, ^ 

Further proceedings under the call were dispensed with. 

Tlie question pending when the convention adjourned, was on order- 
ing the main question. 

The question was taken and the main question onlcred. 

The question was taken, by yeas and nays, on the adoption of the 15th 
section, as amended, 



(Yeas 
And decided in the affirmative, < j^ ^ 

Those voting in the affirmative, are, 



79 
45 



Mr. Adams 


Mr. Geddes 


Mr. T. A. Mars] 


Allen 


P. Green 


Mieure 


Anderson 


Grimsbaw 


Minshall 


Atberton 


Harlan 


Moffett 


Blair 


Hawley 


Morris 


Butler 


Hay 


Nichols 


Caldnrell 


Heacock 


Pace 


J. M. Campbell 


Henderson 


Peters 


Carter 


Holmed 


Pinckney 


F. S. Casey 


Hunsaker 


Pratt 


Z. Casey 


Hurlbut 


Rives' 


Church 


Huston 


Robbina 


Constable 


James 


Roman 


K. J. Cross 


Jones 


Rountree 


S. J. Cross 


Knowlton 


Servant 


Dale 


Knox 


Shumway 


D. Davis 


Lander 


Simpson 
J. Smith 


J. M. Davis 


Laugh lin 


Dawson 


Lemon 


Spencer 


Dummet 


Lockwood 


Swan 


Dunsmore 


Logan 


Thomas 


Eccles 


McCallen 


Thornton 


Edmonson 


McCully 


West 


C. Edwards 


McHatton 


Williams 


r^. W. Edwards 


Manly 


Whiteside 


Evey 
Graham 


F. S. D. Marshall 


Worcester. 






Those voting in 


the negative, are, 




Mr. Akin 


Mr. Hoffue 
Jackson 


Mr. Scates 


Archer 


Shields 


Armstrong 


Jenkins 


Sibley 


Blakely 


• Judd 


Sim 


Bond 


A. R. Knapp 


•Singleton 


Brockman 


Kreider 


E. O. Smith 


Brown 


Lasater 


Sladden 


Churchill 


McClure 


Trower 


Crain 


Markley 


Turnbull 


Deitz 


Mason 


Turner 


Frick 


Moore 


Tutt 


Harding 


Oliver 


Vance 


Harper 


J. M. Palmer 


Webber 


Harvev 


Powers 


Wilt 


Hill • 


Robinron 


Whitney. 



Digiti 



zed by Google 



August 14.]| JODRNAL OF THE CONVENTION. 359 

On motion of Mr. E. O, Smith, 

The sixteenth section was amended by striking out the words "desig- 
nated by law,'' in the first line, and by inserting in lieu thereof the words 
*'to he chosen in the same manner as the county judge/* 

The question was taken, by yeas and nays, 



A-nd decided in the affirmative, iN^^' 
Those voting in the affirmative, are, 



60 



Mr. Adams 


Mr. Hay 


Mr. Oliver 


Akin 


HendertoB 


Pace 


Archer 


Hill 


Powers 


Aimstronff 


Hogu« 


Aives 


Blair 


HustoB 


JRobinsoa 


Blakely 


JacksoB 


Scates 


Bond 


Jenkins 


Sharpe 
Shields 


Brockmaa 


Judd 


Brown 


Kreider 


Shumway 


J. M. Campbeli 


Lander 


Sim 


Church 


Lasater 


Simpson 
Singleton 
E. 0. Smitk 


Churchill 


Laughlitt 


Crain 


Lemon 


R. J. Cross 


Lioley 
McClure 


Stadden 


8. J. Cross 


Trower 


Dawson 


McHatton 


Tumbull 


Dunsmortf 


Markley 

T. A. MarshaU 


Turner 


Fnck 


Tutt 


Grimshaw 


Mason . 


Vance 


Harding 


MieuM 


West 


Harper 


Moffett 


Williams 


Harvey 


Moore 


Whitney. 


Hawley 


Morris 




Those who voted in 


the negative, are, 




Mr, Allen 


Mr. P. Green 


Mr. Northcott 


Andersaft 


Harlan 


H. D. Palmer 


Atherton 


Hatch 


J. M. Palmer 


Butler 


Heacock 


Peters 


Caldwell 


Holmes 


Pinckney 


Carter 


Hunsaker 


Pratt 


F. S. Casey 


Hurlbut 


Robbins 


Z. Casey 
Constable 


James 


Roman 


Jones 


Rountree 


Dale 


KnowltoB 


Servant 


D. Davis 


Knox 


Sibley 


J. M. Davis 


Lockwood 


J. Smitk 


Deitz 


Logan 


Spencer 


Dummer 


McCalleo 


Swan 


Edmonson 


McCully 


Thomas 


C. Edwards 


Manly 


Thornton 


N. W. Edwards 


F. S. D. Mareban 


Webber 


Evey 
Oraham 


Matheny 
Minshall 


Witt 
Whiteside 


i^eddes 


Nichols 


Worcester. 



Digiti 



zed by Google 



330 



JOURNAL OF THE CONVENTION. [Jlugusi U. 



On motion of Mr. Jones, 
The same section was amended bj stnking ont the words '^r mere/' 
in the first line." 

The question was taken, by yeas and nays^ ^ 



And decided in 


the affirmative, " ^^*^' 


. . . . 71 
59 


Those voting in 


the affirmative, are, 




Mr. Akiff 


Mr. Hatch 


Mr. Morris 


Allen 


Hawley 


Nichols 


Anderson 


HenderaoA 


NorthcotI 


Archei 


Hill 


Oliver 


Blair 


Hogue 
Holmes 


Pace 


Blakely 


Powers 


Bond 


Huston 


Robinson 


Bosbysbell 


Jackson 


Scates 


Brown 


Jenkins 


Sharpe 


J. M. CampbeU 


Jones 


Shields 


F. 8. Casey 


Judd 


Sim 


Colby 


Knox 


Simpson 


Grain 


- Kreider 


Singleton 


K. J. Cross 


Lander 


£. 0. Smith 


Dawson 


Laugh lift ^ 


Stadden 


Dunsmore 


Lemon 


Swan 


Edmonson 


Linley 


Tumbull 


Frick 


Loudon 


Tomer 


P. Green 


McClure 


Tutt 


Gregg 


- McHatton 


Vance 


Grimshaw 


Markley 


Webber 


Harding 


F. S. D. Marshall 


Whitney 


Harper 


Mason 


Worcester, 


Harvey 


Moore 




Those voting in 


the negative, are. 




Jir. Adams 


Mr. Grahan 


Mr, H. D. Palmer 


Armstrong 


Geddes 


J. M. Palmer 


Atherton 


Harlan 


Peters 


Brockmstt 


Hay 


Pinckney 


Butler 


Heacock 


Pratt 


Carter 


Hunsaker 


Rives 


Z. Casey 


Hurl but 


Bobbins 


Church 


James 


Roman 


Churchill 


KnovfrltoR 


Rountree 


Constable 


Lasater 


Servant 


8. J. Cross 


Lock wood 


Shu m way 


Bale 


Logan 


Sibley 


D. Davis 


McCallen 


Spencer 
Thomas 


J. M. Davis 


McCully 


T, G. C. Davis 


Manly 


Thornton 


Deitz 


T. A. MarshaU 


Trower 


Dummer 


Itfieure 


Williams 


C. Edwards 


Miller 


Witt 


N. W. Edwards 


MinshaU 


Whiteside, 


Evey 


Moffett 





Mr. Singleton moved to amend the 16th section, as amended, by striking 
out the words^"with two justices of the peace, to be chosen iu the same 
manner as the county judge," and to add to the word *'judge," the letter 



Digiti 



zed by Google 



August 14.] JOURNAL OP THE CONVENTION, 



361 



*'s," and also to add inimediately 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 hj inserting be- 
fore the word "shall," in the first line, the words '*and as nAany 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, ' J^^g' \ 


1C2 
... 22 


Those voting in 


the affirmative, are. 




Mr. Akin 


Mr. HoKue 
Holmes 


Mr. Oliver 


Allen 


Peteis 


Archer 


Hunsaker 


Pinckney 


Armstrong 


Hurlbut 


Powers 


Blair 


Huston 


Pratt 


Blakely 


Jackson 


Rives 


Bond 


James 


Bobbins 


Brown 


Jenkins 


Robinson 


Butler 


Jones 


Scates 


Caldwell 


Judd 


Servant 


J. M. Campbell 


A. R. Knapp 


Sharpe 


Carter 


Knowlton 


Shields 


F. 8. Casey 


Knox 


Sibley 


Z. Casey 


Kreider 


Sim 


Colby 


Lander 


Simpson 
E. 0. Smith 


Constable 


Lasater 


D. Davis 


Laughlin 


J. Smith 


Edmonson 


Lemon 


Spencer 


C. Edwards 


Linley 


Stadden 


Evey 


Loudon 


Swan 


Frick 


McCallen 


Thomas 


Graham 


McCully 


Thornton 


P. Green 


McClure 


Trower 


Greg^ 


jMcHatton 


TurnbuU 


Gnmshaw 


Manly 


Turner 


Harding 


F. a D. Marshall 


Tutt 


Harlan 


T. A. Marshall 


Vance 


Harper 


Mason 


Wead 


Hatch 


Miller 


Webber 


Hawley 


Minshall 


Williams 


Hay 


Moffett 


Witt 


Heacock 


Morris 


Whiteside 


Henderson 


Nichols 


Whitney 


Hill 


Northcott 


Worcester. 


Those voting in 


the negative, are, 




Mr. Anderson 


Mr. Deitz 


Mr. Markley 


Atherton 


Dummer 


Mieure 


Bosbyshell 
Brockman 


N. W. Edwards 


Moore 


Geddes 


J. M. Palmer 


Churchill 


Harvey 


Roman^ 


Crain 


Lockwood 


Rountree 


Dale 


Logan 


Shumway. 


J. M. Davis 




* 



Digiti 



zed by Google 



'>^; 



iJ2 



JOUKNAL OP THE CONVENTION. lAugiisl 14. 



On motion of Mr. Sliielfls, 
The previous question was ordered. 

The question was then taiten, bj yeas and nays, on the adoption of th? 
section, assimended, 

And decided in the affirmative, jjVov' [ 48 

Those voting in the affirmative, arc, 



Mr. Akin 


Mr. Hawley 


Mr. Mieure 


Archer 


Hay 


Minshall 


Armstrong 


Henderson 


Moffett 


Atherton 


Ho^e 
Holmes 


Morris 


Blair 


TTorthcott 


Bond 


Hunsaker 


Powers 


Bosbysbell 


Huston 


Pratt 


Brown 


Jackson 


Rives 


Caldwell 


James 


Rountree 


J. M. Campbell 


Jones 


Servant 


Carter 


Judd 


Sbarpe 
Shields 


F. S. Casey 


A. R. Enapp 


Z. Casey 
Constable 


Knox 


Shumway 


Kreider 


Simpson 
E. 6. Smith 


Crain 


Lander 


R. J. Cross 


Laughlin 


J. Smith 


Dale 


Lemon 


Spencer 


Dunsmore 


Linley 


Stadden 


Edmonson 


Lockwood 


Thomas 


C. Edwards 


Loudon 


Trower 


Evey 


McCully 


Tutt 


Frick 


McClure 


Vance 


P« Green 


McHatton 


Webber 


Grimshaw 


Manly 

Markley 

F. S. D. Marshall 


Williams 


Harding 


Whitney 


Harper 


Worcester. 


Hatch 


T. A. Marshall 




Those voting in 


the negative, arc, 




Mr. Allen 


Mr. Harlan 


Mr. Peters 


Anderson 


Harvey 


Pinckney 


Blakely 


Heacock 


Robbins 


Brockman 


Hill 


Robinson 


Butler 


Hurlbut 


Roman 


Church 


Jenkins) 


Scates 


Churchill 


Enowlton 


Sibley 


Colby 
D. Daris 


Lasater 


Sim 


Logan 


Singleton 


J. M. Davis 


McCallen 


Swan 


Deitz 


Mason 


Thornton 


Dummer 


Miller 


Tornbull 


N. W. Edwards 


Moore 


Turner 


Graham 


Oliver 


Wead 


Geddes 


Pace 


Witt 


Gregg 


J. M. Palmer 


Whiteside. 



Mr. Wead moved a reconsideration of the last vote taken. 
The rules having been temporarily suspended, 

On motion Mr. Scates, 
Resolvedy That a select committer of one from eanh judicial circuit be 
appointed, with instructions to report a schedule, providing for the time 



Digiti 



zed by Google 



August I6.3 JOURNAL OF THE CONVENTION. 363 

and manner of submitting the constitution to be voted upon by the people, 
and also such provisions as may be necessary, in case of its adoption, for or- 
ganizing and adjusting the government under its provisions." 

Ordered^ That Messrs. Scales, Servant, Manly, Singleton, Farwcll, 
Thornton, Stadden, Deitz, and Bosbyshell, be that committee. 

The question was taken on the motion to reconsider made by Mr. Wead, 
and decided in the negative. 
On motion. 

The convention adJQurned until Monday. 



MONDAY, August 16, lS47. 

Coovention met pursuant to adjournment. 

The journal of Saturday was read. 
On motion of Mr. Scales, 

The rules were temporarily suspended, and he offered for adoption the 
following resolution: 

Resolved^ That thousand copies of the constitution and schedule, 

as revised and amended, be printed and distributed, according to popula- 
tion, to the several counties for the use of the people. 

Mr. Whiteside moved to fill the blank with "twenty." 

Mr. Robbins moved '* eighty." 

Mr. Markley moved <*fifty ." 

The question was taken on inserting ** eighty," and decided in the neg- 
ative. 

The question was taken on inserting " fifty," and decided in the affirma- 
tive. 

The question was taken on the adoption of the resolution, as amended, 
and decided in the affirmative. 
On motion of Mr. Pratt, 

Leave of absence was granted to Messrs. Dement and S. J. Cross iior 
four days. 

On motion of Mr. Sherman, 

The rules were temporarily suspended, when he reported the following 
as suitable to be engrafted into the new constitution: 

ARTICLE — . 

The general assembly shall provide for, and there shall be annually 
levied, a tax of not less than three mills on everyone dollar's worth of 
personal and real property within this stale, to be ascertained by valua- 
tion, the proceeds of which shall be applied to the payment of the indebt- 
edness of the state; Provided^ said tax shall be levied no longer than is 
necessary to discharge the principal and interest due and to become due 
on the present state debt. 

On motion of Mr. Armstrong, 

The report was laid on the table, and 250 copies ordered to be printed 
for the use of the convention. 



Digiti 



zed by Google 



364 



JOURNAL OP THE CONVENTION. [August IG. 



On motion of Mr. Constable, 

The rules were temporarily suspended to enable him to offer a resolu- 
tion, when he offered the following: 

Resohedj That a committee of one from each judicial circuit of the 
state be appointed to prepare an address, to be submitted to the people oi 
this Slate m connection with the proposed constitution. 

The question was taken, by yeas and nays, on the adoption of the reso- 
lution, 



And decided in 


the affirmative, ^Jeas^ 


• 

• • * • • 


80 
55 


Those voting in 


the affinrative, are, 






Mr. Adamg 


Mr. W. B. Green 


Mr. Northcott 




Akin 


Harlan 


H. D. Palmer 




Allen 


Harper 


J. M. Palmer 




Anderson 


Harvey 


Peters 




Archer 


Hawley 


Pinckney 




Atberton 


Hay 


Pratt 




Bond 


Hayes 


Rives 




Z. Casey 


Henderson 


Scales 




Charch 


Hill 


Servant 




Churchill 


Hurlbut 


Sherman 




Colby 


Jackson 


Sibley 




Constable 


Jones 


Sim 




R. J. Crou 


A. R. Knapp 


Spencer 




Dale " 


KnowUon 


Stadden 




D. Davis 


Knox 


Swan 




J. M. Davis 


Lander 


Thompson 




Deitz 


Lemon 


Thornton 




Dummer 


Loudon 


Trower 




Dansmore 


McCallen 


TurnbuU 




C. Edwards 


McClure 


Vance 




N. W. Edwards 


Manly 


Webber 




Evey 


T. A. Marshall 


West 




Frick 


Mason 


Witt 




Gralram 


Matheny 


Whiteside 




Geddes 


Mieure 


Woodson 




H. R. Green 


Miller 


Worcester. 




P. Green 


Minshall 






Those voting in 


the negative, are. 






' Mr. Armstrong 


Mr. Hatch 


Mr. Nichols 




Baltingall 


Heacock 


Oliver 




Blair 


Hogue 
Holmes 


Pace 




Blakely 


Powers 




Bosbvsbell 
Brockman 


Hunsaker 


Bobbins 




Huston 


Robinson 




Butler 


James 


Roman 




Caldwell 


Judd 


RouMtree 




J. M. Campbell 
T. Campbell 


Kreider 


Sharpe 




Lasater 


Shumway 




Carter 


Laugh I in 


Simpson 




F. S. Casey 


Linley 


Sinsfleton 




Choate 


McCully 


E. O. Smith 




Grain 


McHatton 


J, Smith 




T. G. C. Davis 


Markley 


Tiitt 




Farwell 


Moffett 


Wead 




Grimshaw 


Moore 


Whitney 




Harding 


Morris 


Mr. President. 





Digiti 



zed by Google 



August 16.] JOURNAL OF THE CONVENTION. 



365 



Ordered, That Messrs, Constable. T. G. C. Davis, Dale, T. Campbell, 
F. 8. D. Marshall, Wead, Dawson, Knowlton, and Ballingall be that com- 
mittee. 

Mr. Wead, on leave, presented the petition of Joiin P. Boiccand twen- 
ty- nine others, citizens of Fulton county, praying that an article may be 
inserted in the new constitution prohibiting the creation of banks and the 
circulation of bank paper. 

On motion ot Mr. Wead, * 

The petition was referred to a select committee of nine. 

Ordered, That Messrs. Wead, Bosbyshell, Z. Casey, Williams, J. Smith, 
Stadden, T. Campbell, J. M. Davis, and R. J. Cross be that committee. 

The convention resumed the consideration of the report oC the select 
committee of twenty-seven on the Judiciary Department. 

Mr. Constable offered the following, to be pre&xed to the 17lh section: 

'• The county judge, with such justices of the peace in each county as 
may be designated by law, shall hold terms for the transaction of county 
business, and shall perform such other duties as the general assembly shall 
prescribe; Praoided, the legislature may require that two justices, to be 
chosen by the qualified electors of each county, shall sit with the county 
judge 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« 
tion of a different court for the purpose of transacting county business." 

Mr. Akin moved to lay the amendment and substitute on the table. 

Mr. Ilountree called for a division, so as to vote first on laying the sub- 
stitute on the table. 

The question was taker, and the substitute was laid on the table. 

Mr. Akin withdrew the motion to lay the amendment on the table, and 
moved the previous question. 

The question was taken, and the previous question ordered. 

Mr. Constable modified his amendment by substituting for the word 
" biennially," the woj*d "quadrennially," in the "first line of the 17th sec- 
tion. 

The question was taken, by yeas and nays, upon the adoption of the 
amendment, as modified, 



And decided in the affirmative, 



iYeas, 
(Nays, 



80 
59 



Those voting in the affirmative, are, 



Mr. AdamB 
Allen 
Anderson 
Atherton 
Boflbyshell 
Brown 
Butler 
Caldwell 
F. S. Catey 
Z. Casey 
Church 



Mr. Constable 
R. J. Cross 
Dale 
D. Davis 
J. M. Davis 
T. G. e. Davis 
Dawson 
Deitz 
Dummer 
Dunsmore 
Eceles 



Mr. C. Edwards 
N. W. Edwards 
Evey 
Graham 
Gedties 
H. R. Green 
P. Green 
W. B. Greea 
Harlan 
Hay 
Heacock 



Digiti 



zed by Google 



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 
McHattoB 



Mr. Akin 
Archer 
Armstrong 
Ballingall 
Blair 
Blakely 
Bond 
Brockman 
J. M. Campbell 
Carter 
Choate 
Churchill 
Colby 
Crain 
Farwell 
Frick 
Grimshaw 
. Harding 
Harper 
Harvey 



Mr. F. S. D. Marshall 


Mr. Rountree 


"Matheny 


Servant 


Mieure 


Sbarpe 


Miller 


Shumway 


Minshali 


Sibley 


Moifett 


J. Smith 


Nichols 


Spencer 


Pace 


Swan 


H. D. Palmer 


Thornton 


J. M. Palmer 


Webber 


Peters 


Williams 


Pinckney 


Whiteside 


Pratt 


Whitney 


Rives 


Woodson 


Robbins 


Mr. Presidtnt. 


Roman 




negative, are, 




Mr. Hatch 


Mr. Northcott 


Hawley 


Oliver 


Hayes 


Powers 


Henderson 


Robinson 


Hoes 


Scates 


Jackson 


Shields 


Jenkins 


Sim 


Judd 


Simpson 

Singleton 

Stadden 


S. Kinney 
Knox 


Kreider 


Thompson 


Laughlin 


Tumbull 


Lemon 


Turner 


Linley 
McCfare 


Tdtt 


Vanc« 


Manly 
Markley . 


Wead 


West 


Mason 


Witt 


Moore 


Worcester. 


Morris 





The question was taken, by yeas and nays, on the adoption of the sec- 
tion, as amended, 

_ CYeas. • • • .79 

And decided in the affirmative, J ^^^^^ .... 55 



Those voting in the affirmative, are, 



Mr. Adams 
Allen 
Anderson 
Atherton 
Bosbyflhell 
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 
Dawson 
Deitz 
Dummer 
Dunsmore « 
Eccles 

N. W. Edwards 
C. Edwards 
Evcy 
Graham 



Mr. Geddes 

H. R. Green 

P. Green 

W. B. Gre«ii 

Harlan 

Hay 

Heacock 

Hill 

Hogne 

Hunsaker 

Hnrlbut 

James 

Jonas 

S. Kiniiey 



Digiti 



zed by Google 



jiugust 16.] JOURNAL OF THE CONVENTION. 



3G7 



Mr. A. R. Knapp 


Mr. Moffett 


Knowlton 


Nichols 


Lemon 


H. D. Palmer 


Lopan 


J. M. Palmer 


McCallen 


Pplers ' 


McCully 


Pinckney 


McHatton 


Pratt 


F. S. D. Marshall 


Rives 


T. A. Marshall, - 


Bobbins 


Matheny 


Roman 


Mieiire 


Rountree 


Miller 


Servant 


Minshall 




Those voting in the 


negative, are, 


Mr. Akin 


Mr. Henderson 


Armstrong 


Hoes 


Ballingall 


Holmes 


Blair 


Huston 


Biakelyl 


Jackson 


Brockman 


Jenkins 


Brown 


Judd 


J. M. Campl^ell 


Knox 


Carter 


Kreider 


Grain 


Lasater 


Farwcll 


Laugh lin 


Frick 


Linley 


Grimsbaw 


Manly 
Markley 


Harding 


Harper 


Mason 


Harvey 


Mooru 


Hatch 


Morris 


Hawley 


Northcott 


Hayes 





Mr. Shumwaj 
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. ArmstroDg moved the following as an additional section, to follow 
section 17: 

•*Sec. — . The general assembly shall have power to re-organize the 
county court, provided for in this article, and vest its jurisdiction in one 
or more tribunals, to consist of such officer or officers as shall be provided 
by law.** 

Mr* West moved the following as a substitute: 

" That in all cases where the population in a county, according to the 
census of the county as last taken, shall exceed 10,COO inhabitants, the 
office of recorder shall be a separate and distinct officc/V 
On motion. 

The convention adjourned until 2 o'clock, p. m. 



TWO o'clock, p. m. 

t 
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 fur some lime, when it appeared that the fol- 
lowing gcnllemcn were absent, viz: 



Digiti 



zed by Google 



368 



JOURNAL OF THE CONVENTION. IJiugusl 16. 



Messrs. Ballingall, Bosbyshell, Brown, Bunsen, Canady, Grain, S* J* 
Cross, T. G. C. Davis, Dement, Duniap, Dunn, Edmonson, Farwell,Ged- 
des, Gregg, Harding, Harvey, Hawley, Jackson, Judd, W. C. Kinney, 
Kitchell, A. R. Knapp, N, M. Knapp, Knowlton, Linjey, Lockwood« Lo- 
gan, Mason, Matheny, Northcolt, Norton, Oliver, Pelor?, Pin<:kney, Pratt, 
Servant, Sherman, J, Smith, Thomas, Thompson, Thornton, Turner, Tutt, 
Tultle, 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 otfored 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, jYeaS'^ 


* * * . * 

• • • • 


45 
94 


Those voting in 


the affirmative, arc, 






Mr. Adams 




Mr. Hasten 


Mr. ACnshall 




Akin 




Jackson 


Moffett 




Allen 




Jones 


Moore 




Anderson 




Judd 


Nichols 




AUierton 




Kenner 


J. M. Palmer 




Batler 




S. Kinney 


Pinckney 




Church 




A. R. Enapp 


Robinson 




R. J. Cross 




Knowlton 


Roman 




J. M. DavU 




Linley 


Rountree 




Deitz 




Logan 


Sbarpe 




Dummer 




Loudon 


Sibley 




C. Edwards 




McCully 


Swan 




Evey 




Markley 

F. S. D. Marshall 


West 




W. B. Green 




Williams - 




Heacock 




Miller 


Whitney. 




Horlbut 










Those voting in 


the 


negative, are, 






Mr. Archer 




Mr. Colby 


Mr. Harper 




Armstrong 




Crain 


Harvey 




Ballingall 




Dale 


Hatch 




Blair 




D. Davit 


Hayes 




Blakely 




Dawson 


Henderson 




Bond 




Dnnsmore 


Hill 




Bosbysbell 




Eccles 


Hogve 
Holmes 




Brockman 




N. W. Edwards 




Brown 




Farwell 


Hunsaker 




Caldwell 




Fnck 


James 




J. M. Campbell 
T. Campbell 




Graham 


Jenkins 






. Geddes 


Knox 




Carter 




H. R. Green 


Kreider 




F. S. Casey 




P. Green 


Lander 




Z. Casey 




Gfimsbaw 


Luater 




Choate 




Haiding 


Laugfalin 




Churchill 




Harlaa 


Lemon 





Digiti 



zed by Google 



August 16.] JOUl 


FINAL OP THE 


Mr. Linley 


Mr. Powers 


McCalkfli 


Pratt 


Mc Clare 


Rives 


McHattoB 


Robbins 


Maoly 


Scates 


T. A. ManbaU 


Shields 


Mason 


Sbomway 


Matbeny 


Sim 


Mieore 


Simpson 


Morris 


Singleton 


Nortbcott 


£. O. Smitb 


Oliver 


J. Smith 


Pace 


Spencer 
sudden 


H. D. Palmer 


Peters 





369 



Mr. Thornton 
Trower 
TumbnU 
Turner 
'I utt 
Vanoe 
Vemor*. 
Wead \ 
Webber - 
Witt 

Whiteside 
Woodson 
Worcester 
Mr. President 



Thd question was taken, by yeas and nays, on the adoption of the 
additional section offered by Mr. Armstrong, 



And decided in the negative, 



Mr. Archer 
Armstrong 
Ballingall 
Blair 
Blakely 
BosbvsbeU 
Brockman 
Brown 
Caldwell 
T. Campbell 
Carter 
F. S. Casey 
Z. Casey 
Choate 
ChurcbiU 
Crain 
Dawson 
Farwell 
Friek 
Oraham 
W. B. Green 



Those voting in the negative, are, 



, 


Yeas, 


« • • 


Bgative, 


i:Nays, 


• ♦ • 


ffirmative, are, 






Mr. Grimsbaw 




Mr. Morrii 


Harper 




Oliver 


Harvey 




Pace 


Hatch' 




H. D. Palmer 


Hay 




Peters 


Hayes 




Powers 


Hendersoa 




Robinson 


Hill 




Scates 


Holmes 




Sharpe 
Shields 


Jenkins 




Jones 




Sim 


Kr«ider 




Simpson 


Lander 


• 


Singleton 
J. Smith 


Laufrhlin 




Loudon 




Stadden 


McCully 




Tumbull 


McClnre 




Tutt 


McHatton 


' 


Vemor 


Markley 




Wead 


Mason 




Witt 


Moore 




Mr. President 



64 

74 



(r. Adams 
Akin 
Allen 
Anderson 
Atherton 
Bond 
Botler 

J. M. Campbell 
Charch 
Colby 

R. J. Cross 
Dale 
D. Davis 

34 



Mr. J. M. Davis 
Dummer 
Dnnsmore 
Eccles 
C. Edwards 
N. W. Edwards 
Evey 
Geddes 
H. R. Green 
P. Green 
Harding 
HarUn 
Heacock 



Mr. Hegne 

Hnnsaknr 

Hnrlbnt 

Huston 

Jackson 

James 

Judd 

Kenner 

S. Kinney 

k. R. Knapp 

Knowlton 

Knox 



Digiti 



zed by Google 



370 



JOURNAL OF THE CONVENTION. [Au^vse 1 6. 



Mr. Lemon 


Mr. Northcott 


Linley 


Pinckney 


Logan 


Pratt 


McCalkn 


Rives 


Manly 


Robbins 


r. S. D. Marshall 


Roman 


T. A. Marshall 


Rountree 


Matheny 


Servant 


Mieure 


Sh urn way 


Miller 


Sibley 


Minshall 


£ 0. Smith 


Moffett 


Spencer 



Mr. Swan 
ThorntoB 
Trower 
Turner 
Vance 
Webber 
Williams 
Whiteside 
Whitney 
W oodson 
Worcester. 



Mr, Powors offered th^ following as an additional section: 

"Sec. — . That in all cases where the population in a county, accord- 
ing tc the census of the county as la.-t taken, shall exceed 12,000 inhabit 
tants, ll e office of recorder maj be a separate and distinct office.'' 

Mr. I J. R. Green moved to amend the additional section bj striking out 
the figucs **12/)fl6," and inserting in Jieu thereof the figures ^ 8,O00/' 

A division being called for. 

The question was taken, by yeas and nays, on striking out *• 12,000," 

JYeas, . , . 7S 

(Nays, • • • 57 



And decided in the affirmative. 



Those voting ir the affirmative, are. 



Mr, Allen 


Mr. Hayes 


Mr. Miner 


Armstrong 
Ballingalf 


Heacock 
HendersoD 


Moore 
Oliver 


Blair 


Hill 


J. M. Palmer 


Blakely 


. Hoeue 
Holmes 


Powers 


Bond 


Robinson 


Brockman 


Hurlbut 


Roman 


Z. Casey 


Huston 


Scates 


Choate 


Jackson 


Sharpe 


€hurchin 


Jenkins 


Sibley 


Colby 


Jones 


Sim 


Crain 


Kenner 


Simpson 
£. 0. Smith 


R. J. Cros» 


S. Kinney 


Dale 


Knowitoi> 


Spencer 


D. Davi» 


Kreider 


Stadden 


Dawson 


liander 


ThorntoD 


Deitz 


Laughlin 


Trower 


Eccles 


LinUy 


TtUt 


C. Edwards 


Logai> 


Vance 


Frick 


Loudoi> 


Vernor 


Graham 


McClure 


Witt 


H. R. Green 


Mar^Iy 

Markley 

F. S. D. Marshall 


Whiteside 


P. Green 


Whitney 


Harlan 


Woodson 


T. A. Marshall 


Worcester 


Harper 


Mieure 


Mr. President. 


Hay 






Those voting in the 


negative, are, 




Mr. Akin 


Mr. Brown 


Mr. Carter 


Anderson 


Butler 


F. S. Casey 


Archer 


Caldwell 


Chorch 


Atherton 


J. M. Campbell 


J. M. Davis 


BoBbysbell 


T. Camnbetl 


Dommer 



Digiti 



zed by Google 



August IC] JOURNAL OF THE CONVENTION. 



371 



Mr. Dansmore 


Mr. Lasater 


Mr. Pratt 


N. W. Edwards 


Lemon 


Rives 


Evey 


McCalleo 


Robbins 


Farwell 


McCuUy 


Rountree 


Geddes 


McHatton 


Servant 


W. B. Green 


Matheny 


Shields 


Grimshaw 


Minshall 


Shu m way 


HirdiDg 


Moifett 


J. Smith 


Hanrey 


Morris 


TambuU 


Hatch 


Northcott 


Turner 


Munsaker 


Pace 


Wead 


James 


H. D. Palmer 


Webber 


Judd 


Petera 


West 


Knox 


Pinckney 


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. Spencer moved 5,000. 
Mr. Brockman moved 3000. 
Mr. E. O. Smith moved 1,000. 

Mr. Eccles moved to lav the additional sectioa and amendments on the 
table. 

The question was taken, \>y yeas and najs. 



And decided in the negative, <^^*** 
Those voting in the affirmative^ are, 



43 

89 



Mr. Akin 


Mr. Hunsaker 


Archer 


Jackson 


Brown 


James 


Caldwell 


Lasater 


Carter 


Lemon 


Z. Casey 


Logan 


Bummer 


Manly 


Eccles 


Matheny 


N. W. Edwards 


Mieure 


Geddes 


Minshall 


H. R. Green 


Morris 


P. Green 


Northcott 


HardiDf 


H. D. Palmer 


Harlan 


Peters 


Harper 




Those voting ia 


the negative, are, 


Mr. Allen 


Mr.T. Campbell 


Anderson 


F. S. Casey 


Armstrong 


Choate 


Atherton 


Church 


Ballingall 


Churchi]! 


Blair 


Colby 


Blakely 


Crain 


Bond 


R. J. Cross 


Bosbyshell 
Brockman 


Dale 


D. Davii 


Butler 


J. M. Davis 



Mr. Pratt 
Rives 

Robbins 

Roman 

Rountree 

Servant 

Singleton 

J. Smith 

Thompson 

Thornton 

TurnbuU 

Vance 

Webber 

Woodson. 



Mr. Dawson 
Deitz 
Dunsmore 
C. Edwards 
Frick 
Graham 
W. B. Green 
Gregg 
Grimshaw 
Harvey 
Hatch 



Digiti 



zed by-Google 



372 



JOURNAL OF THE CONVENTION. [August 16. 



Mr. Hay 
Hayes 
Heacock 
Henderson 
Hill 
Hogue 
Hoimes 
JIurlbut 
Wuflton 
Jenkins^ 
Jones 
Judd 
Kenner 
S. Kioncy 
A. R. Kntpp 
Knowlton 
Knox 
Kreider 
Lander 



Mr. Laugblin 
Lin ley 
Loudoo 
McCallen 
McCully 
Mc Clare 
McHattoB 
Markley 
Miller 
Mofiett 
Moore 
Nichols 
J. M. Palmer 
Pickney 
Powers 
RobinsoQ 
Scates 
Sharps 
Shields 



Mr. Sibley 
Sim 

Simpson 
E. O. Smith 
Spencer 
Stadden 
Trower 
Tamer 
Tutt 
Vernor 
Wead 
West 
Williams 
Witt 

Whiteside 
Whitney 
Worcester 
Mr. President. 



The question was taken on inserting 15,000, and decided in the nega- 
tive. 

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 negn- 
tive 

The question was taken on inserting 6,000, and decided in the nega- 
tive. 

The question was taken, by yeas and nays, on inserting 5,000, 



And decided in the negative, J j^^*"' 
Those voting in the affirmative, are, 



61 

79 



Mr. Allen 
Armstronff 
Ballingall 
Blair 

Brockman 
Butler 

J. M. Campbell 
T. Campbell 
Carter 
Z. Casey 
Churchill 
Colby 
Crain 

T. G. C. DsTis 
Deltz 
Pansmore 
Frick 
Graham 
W. B. Gfeea 
gregg 
Harper 



Mr. Harvey 
Hatch 
Hay 
Hayes 
Henderson 
Hill 
Hogue 
Huston 
Jackson 
Jones 
Knowlton 
Laughlin 
Lemon 
Linley 
Loudon 
McCIure 
McHatton 
Markley 

F. a D. MartbaU 
Mason 



Mr. Miller 
Moffett 
Moons 
Nichols 
Oliver 
Pinckney 
Powers 
Robinson 
Sharpe 
Shields 
Sibley 
Simpson 
J. SmiUi 
Spencer 
Stadden 
Vance 
Vernor 
Witt 
Whitney 
Mr. President. 



Digiti 



zed by Google 



August 16.] JOURNAL OP THE CONVENTION. 



373 



Those voting in the negative, are, 



Mr. Adama 
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 
Gcddes 
H. R. Green 
P. Green 



Mr. Grimshaw 
Harding 
Hariaa 
Hawley 
Honsaker 
Harlbat 
James 
Jenkins 
Kenner 
8. Kinney 
A. R. Knapp 
Kcoz 
Kreider 
Lander 
Lasater 
Logan 
McCallen 
McCully 
Manly 

T. A. Marshall 
Matheny 
Mieure 
Minshall 
Morris 
Northcott 
Pace 



Mr. H. D. Palmer 
J. M. Palmer 
Peters 
Pratt 
Rives 
Robbins 
Roman 
Rountree 
Scates 
Servant 
Sim 

£. O. Smith 
Swan 
Thompson 
Thornton 
Trower 
TurnbuU 
Turner 
Tutt 
Wead 
Webber 
West 
Williams 
Whiteside 
Woodson 
Worcester. 



The question was taken on inserting 3,000, and decided in the nega- 
tive. 

Mr. M arklejr 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, J^^^;^ ^ 


« « • 


45 
90 


Those voting in the affirmative, are. 






r. Allen 




Mr.JHarvey 


Mr. McHattott 




Armstrong 




Hay 


Markley 




Ballingall 




Hayes 


Mason 




Blake y 




Henderson 


Miller 




J. M. Campbell 




Hogue 


Moore 




T. ^:ampbell 




Holmes 


Nichols 




Carter 




Huston 


Oliver 




ChurchiU 




Jenkins 


Powers 




Colby 




Kenner 


Robinson 




Crain 




Knowlton 


Sim 




Farwell 




Knox 


Simpson 
E. 0. Smith 




Prick 




Laughlin 




Graham 




Linley 


Vernor 




W. B. Green 




Loudon 


Witt 




Harper 




McClve 


Mr. President 





Digiti 



zed by Google 



374 



JOURNAL OF TH£ CONVENTION. [Augmt IG. 



Those voting in the negative, are, 



Mr. Adams 

And^rsoD 

Archer 

Blair 

Bond 

BosbTthell 

BrockmaB 

Brown 

CaldweU 

F. S. Casey 

Z. Casey 

Choate 

Church 

Constable 

R. J. Cross 

T)ale 

D. DaTis 

J. M. Davis 

T. G. C. Davis 

Dummer 

Dunsmore 

Eccles 

C. Edwards 

N W. Edwards 

Evey 

GedJes 

H. R. Green 

P. Green 

Gregg 



Mr. Grimshaw 
Harding 
Harlan 
Hatch 
Hawley 
Heacoek 
Hill 

Honsaker 
Hurlbut 
Jackson 
James 
Jones 
S. Kinney 
A. R. Knapp 
Kreider 
Lander 
Lasater 
Lemon 
Logan 
McCallen 
McCully 
Manly 

F. S. D. Marshall 
T. A. Marshall 
MatUeny 
Mieure 
Minshall 
Moifett 
Morris 
Northcott 



Mr. Pace 

H. D. Palmer 

J. M* Palmer 

Peters 

Pinckney 

Rives 

Robblns 

Roman 

Rountree 

Scates 

Servant 

Shields 

Sibley 

Spencer 

Stadden 

Swan 

ThompsoD 

Thorn toQ 

Trower 

TumbuU 

Turner 

Vance 

Wead 

Webber 

West 

Williams 

Whiteside 

Whitney 

Woodson 

Worcester. 



The question was taken on the adoption of the additional section, as 
amended, and decided in the negative. 

Mr. Logan nr»oved the following as an additional scctiDn: 

** Si:c. — . The legislature may by law make the clerk of the circuit 
court ex officio recorder in lieu of the county clerk." 

Mr. Armstrong moved to amend the additional section by adding the 
following proviso: 

^^ Provided^ That in any county where the inhabitants shall exceed 
4,000, the office of recorder shall be elected by the qualified voters of 
said county." 

'I'he question was taken, by yeas and nays, on the adoption o( the 
proviso, 

And decided in the negative, ipjn^ » • • • ^ 



Tlioic voting in the affirmative, are, 



Mr. Akin 
Allen 
Archer 
Armstrong 
Atherlon 
Ballittgall 
Siakely 



Mr. Brockman 


Mr 


. Crain 


J. M. Campbell 
T. Campbell 




Dunsmore 




Farwell 


Carter 




Frick 


Choate 




W. B. Green 


Churchill 




Harper 


Colby 




Harvey 



Digiti 



zed by Google 



A'l^nstie.] JOURNAL OF THE CON^ 


t^EXTlON. 


375 


Mr. Hatch 


Mr. McHattoB 


Mr. Shields 




Hay 


Markley 


Sim 




Hill 


Miller 


Simpson 




Hr>gue 


Moore 


Thompson 


• 


Huston 


NichoJs 


Tutt 




JacksoR 


Oliver 


Vernor 




Jenkios 


J. M. Palmer 


Witt 




Jadd 


Powers 


Whiteside 




Lau^hliB 


Robinson 


Mr.^Presidetit 




Linley 


Sbarpe 






Those voting ia the negative, are. 






Mr. Adams 


Mr.*Grimsbaw 


Mr* Matfaeny 




ADdersoo 


Harding 


Mieure 




Blair 


Harlan . 


Minshall 




Bond 


Hawley 


Moifett 




Bosbyshell 


Hayes 


Morris 




Brow a 


Heacock 


Northcott 




Butler 


Henderson 


Pace 




F. S. Casey 


Holmes 


H. D. Palmer 




Z. Casey 


Hunsaker 


Peters 




Church 


Hur4but 


Pinckney 




Constable 


James 


Pratt 




a. J. Cross 


Kenner 


Rives 




Dale 


S. Kinney 


llobbins 




D. Davis 


A. R. Knapip 


Roman 




J. M. Davis 


Knowlton 


Rountree 




DawiOQ 


Knox 


Scates 




Deitz 


Kreidcr 


SorvaU 




Dumroer 


Lander 


Sibley 




Eccles 


Lasater 


Spencer 




C. Edwards 


Lemon 


Swan 




N. W. Edwards 


Logan 


Thornton 




Evev 
Graham 


McCallen 


Trower 




McCully 


Tiirnbull 




Geddes 


McClure 


'I'urijcr 




H, R. Green 


Manly 


Vance 




P. Green 


F. S. D. Marshall 


AViiliams 




Greg- 


T. A. Marshall 


Woodson. 





Tiie question was taken, by yeas and nays, on the ado[)lif)n of the 
'IJitional section offered by Mr. Logan, 



And decided in the affirmative, <j^^ ^ 
Tbose voting in the affirmative, arc, 



Mr. Adams 
Allen 
Blair 
Bond 

Brockman 
Brown 

J. M. CarapbcU 
Z. Casey 
Cboate 
Bale 

D. Davis 
I)aw8on 



Mr. Deitz 
Dummer 
Eccles 
C. Edwards 
Evey 
Geddes 
H. R. Green 
Grimshaw 
Harding 
Harlan 
Harper 
Hatch 



Mr. Hay 
Hayes 
Heacock 
H^dersoB 
Hill 
Hofue 
Holmes 
Hunsaker 
Hurlbut 
Jackson 
Jenkins 
Judd 



77 
55 



Digiti 



zed by Google 



376 



JOtTRNAL OF THE CONVENTION. [.Sugtai 1& 



Mr. Kenner 


Mr. Mieure 


S. Kinney 


Miller 


Knowlton 


Minsh^n 


Knox 


TTorthcott 


Kreider 


H. D. Palmer 


Lander 


Peters 


Lemon 


Pinckncy 


Lojran 


Pratt 


McClure 


Rives 


McHatton 


Robbin» 


Manly 

Markley ' 

F. S. D. Marshan 


Roman 


Shiekb 


Sibley 


T. A. Marahall 


Sim 


Those voting in 


the negative, are. 


Mr. Akin 


Mr. Frick 


Anderson 


Graham 


Armstrong 


P. Green 


Atherton 


W. B. Green 


Ballingall 
Blakely 


Gregg 


Harvey 


Butler ' 


Hawley 


Carter 


Huston 


F.S. Casey 


James 


Church 


A. R. Knapp 


Churchill 


Lasater 


Constable 


Lau^hlin 
Loudon 


Grain 


R. J, Cross 


MeCallen 


J. M. Davis 


McCully 


Dunsmore 


Mason 


N. W. Edwarda 


Matheny 


Farwell 


Moffett 



Mr. Simpson 
E. O. Smith 
Spencer 
Swan 

ThompvoB 
Thornton 
TurobttU 
Tomer 
Tutt 
Tanee 
Whitney 
Woodson 
Mf. President 



Mr. Moove 
Morris 
Nichols 
Oliver 
Pace 

J. M. Palmer 
Powers 
Robinson 
Rountrev 
Scates 
Servant 
Sharpe 
Singleton 
Trower 
Vcrnor 
Witt 
Whiteside, 



Mr. Dawson proposed the following as an additional section: 

"Sec. — . The clerks of the several county courts within this state 
shall perform all ministerial duties appertaining to settlements of estates, 
which shall be laid before their respective courts, at term time, for their 
approval orrejection; and said judge and associates shall each be allowed, 
as a compensation for their services, two dollars per day» and no moie, to 
be paid out of their respective counlj treasuries." 

Mr. Scates offered the following as a substitute: 

*'Sec.' — u The legislature shall fix a fee bill for the several oflBTcers of 
this state, whose compensation shall consist of fees for services rendered, 
and the several countj courts shall have power to reduce the rate of fees 
accruing to any officer in the county, by a certain per cent., when, in their 
opinion, such fees yield more than adequate pay for the services render- 
ed." 

The question was taken, by yeas and nays, on the a'loptioii of the 
substitute, 



And decided in the negative, 



(Yeas, 
(Nays, 



45 

80 



Digiti 



zed by Google 



August 16.] JOURNAL OF THE CONVENTION. 
Those voting in the affirmative, are, 



377 



Mr. Adams 


Mr. Deitz 


Mr. Mason 


Annstrong 


Btcles 


Moffett 


Balliogall 


Frick 


Moore 


Blair 


Hardine 


Morris 


Blakely 


Hay 


Nichols 


Bond 


Henderson 


Oliver 


Brown 


Hoffue 
Holmes 


Roman 


Batler 


Scates 


Carter 


Hunsaker 


Shields 


Z. Casey 


Hurlbat 


Sibley 


Choate 


James 


Sim 


Church 


Jndd 


Turnbull 


Churchill 


Kreider 


Vernor 


Craio 


McCully 


Witt 


Dale 


Markley 


Whitney. 


Those voting io 


the negative, are, 




Mr. Akin 


Mr. Harvev 


Mr. Minshall 


Allen 


Hatch 


Pace 


Anderson 


Hawley 


H, D. Palmer 


Archer 


Hayes 


J. M. Palmer 


Atherton 


Heacock 


Peters 


Brockman 


Hill 


Pinckney 


CMweW 


Huston 


Pratt 


J. M. Campbell 


Jackson 


Rives 


P. S. Casey 


Jones 


Robbins 


Constable 


Kenner 


Robinson 


R. J. Cross 


S. Kinney 


Rountree 


D. Davis 


A. R. Knapp 


Servant 


J. M. Davis 


Knox 


Sharpe 


Dawson 


Lander 


Simpson 


Dummer 


Lasater 


Spencer 


Dansmore 


Laughlin 


Swan 


C. Edwards 


Lemon 


Thornton 


N. W. Edwards 


Loudon 


Trower 


Graham 


McCallen 


Turner 


Geddes 


McClure 


Tutt 


H. R. Green 


McHatton 


Vance 


P. Green 


Manly 


Wead 


W. B. Green 


F. S.-D. Marshall 


West 


Grefjg 


T. A. MarshaU 


Williams 


Grimahaw 


Matheny 


Whiteside 


Harlan 


Mieure 


Woodson 


Harper 


Miller 


Mr. President. 



The question was taken, by yeas and nays, on the adoption of the 
additional section, 



(Yeas 
And decided in the negative, <^ ' 

Those voting in the affirmative, are, 



. 14 
. 104 



Mr. Anderson 


Mr. Hay 


Mr. Robinson 


Churchill 


Huston 


Roman 


Dawson 


Knowlton 


Sim 


N. W. Edwards 


Mason 


Trower. 


Harvey 


Powers 





Digiti 



zed by Google 



378 JOURNAL OF THE COxWENTlON. [wJ«-u5^ IG. 

Those voting in the negative, are, 



Mr. Adams 
Akin 
Allen 
Archer 
Armstrong 
Ballingall 
Blake^ 
Bond 

Bosbyshell 
Brockman 
Brown 
Butler 
CaldweU 
Carter 
F. S. Casey 
Z. Casey 
Cboate 
Church 
Constable 
Crain 

R. J. Cross 
Dale 

D. Davis 
J. M. Davis 
Dummer 
Dunsmore 
Eccles 
C. Edwards 
Evey 
Frick 
Graham 
Oeddes 
H. R. Green 
P. Green 
W. B. Green 
Gregg 



Mr. Grimsbaw 
Harding 
Harlan 
Harper 
Hatch 
Hawley 
Hayes 
Henderson 
Hofi:ue 
Holmes 
Hunsaker 
Hurlbut 
Jackson 
James 
Jones 
Jadd 
Kenner 
S. Kinney 
A. R. Knapp 
N. M. Krajjp 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Lemon 
Loudon 
McCallen 
McCully 
McClure 
McHatton 
Manly 
Markley 

F. S. D. Marshall 
T. A. Marshall 
Mieure 



Mr. Miller' 
Minshall 
MoflTett 
Moore 
Morris 
Northcott 
Oliver 
Pace 

H. D. Palmer 
J. M. Palmer 
Peters 
Pinckney 
Pratt 
Rives 
Robbins 
Rountree 
Scates 
Servant 
Sharpe 
Shields 
Simpson 
Spencer 
Swan 
Thornton 
Turnbull 
Turner 
Tutt 
Vance 
Vernor 
Wead 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester. 



Mr. Hurlbat offered the following as an additional section: 

**Sec. — . The legislature may pass a gcnerallaw authorizing township 
organization in all counties in which a majority of the legal voters may, 
at any general election, vote for such township organization, and when 
such township organization shall be established in any county, then the 
county court hereinbefore provided shall cease to transact county busi- 
ness in such county." 

The question was taken, and the additional section adopted. 

Mr. Markley moved to strike out the 18th section, and to insert in lieu 
thereof the following: 

"Sec. — . The county judge shall receive an annual salary, to be fix- 
ed by the legislature, which shall be paid out of the county treasury, and 
shall neither be increased nor diminished during his continuance in office. 
The justices of the peace, for services in courts as provided in this article, 
shall be paid a per diem out of the county treasury." 

Mr. Knowlton called for a division, so as to vole first on striking out. 

'I'he question was taken, and decided in the negative. 

Mr. Markley then offered the same amendment as an addition to the 
same section. 



Digiti 



zed by Google 



.August 17.] JOURNAL OF THE CONVENTION; 379 

The question was taken, and decided in the negative. 
The question was taken, and the 18th section adopted. 
Mr. R. J. Cross moved to amend the lUth section by striking out the 
words ** not exceeding one hundred dollars.^' 
On motion, 
The convention adjourned. 

TUESDAY, August 17, 1847. ,>* ' 



Convention assembled pursuant to adjournment 

Prajer by Rev. Mr. H. D. Palmer, a member. 

The journal of jesterday was read. 

Mr. N. W.Edwards presented the petition of Daniel Wadsworlh, and 
nine others, citizens of Sangamon county, praying that provision may be 
made in the new constitution for a state superintendent of public instruc- 
tion, with a liberal salary. 

On motion of Mr. N. W. Edwards, 

The reading was dispensed with, and the petition referred to the com- 
mittee on Education. 

Mr. Henderson presented the petition of Samuel H. W. Jewett, and 
fifty-seven others, legal voters of Will county, praying that the constitu- 
tion be so amended, as to give no support or sanction to any system of 
slavery, and forever prohibit its existence, together with all involuntary 
servitude, except as a punishment for crime. 
On motion of Mr. Henderson, 

The petition was referred to the committee on the Bill of Rights. 

Mr. Bosbyshell presented the petition of Daniel T. Simpson, and thirty- 
three others, praying that a clause may be inserted in the new constitu* 
tion, that no person shall have the privilege of voting in ally county in 
this slate, unless he has first resided in the county wherein he oflers his 
vote for at least six months preceding the election, &c. 
On motion of Mr. Bosbyshel), i 

The reading was dispensed with and the petition referred to the com- 
mittee on Elections. 

On motion of Mr. Ballingall, 

He was excused from serving on the committee to prepare an address 
to the people. 

The convention resumed the consideration of the report of the select 
committee of twenty-seven on the Judiciary Department. 

The question pending when the convention adjourned on yesterday was 
on the motion made by Mr. R. J. Cross to amend the 19th section, by 
striking out the words *'not exceeding one hundred dollars." 

Mr. Witt moved to amend the moUon by striking out the words "one 
hundred," and by inserting in lieu of them the words "three hundred." 

Mr. Shumway moved the previous question. 

The question was taken, and th^ convention refused to order the pre- 
vious question. 



Digiti 



zed by Google 



380 



JOURNAL OP THE CONVENTION. lAugust 17. 



Mr. Vance moved for a division, so as to vote first on striking out: 
The question was taken, and decided in the affirmative. 
The question was taken, by jeas and nays, on striking out, 

And decided in the affirmative, J Jj^J 

Those voting in the affirmative, are, 

Mr. RobiDBOB 
Roman 
RouDtree 
Scates 
Sbarpe 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
bingleton 
£. a Smith 
Spencer 
Stadden 
Swan 
Trower 
Tamer 
Tutt 
Vance 
West 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester 
Mr. President. 



Mr. F. S. D. Marshall 
T. A. Marshall 
Mieure 
Miller 
Minshall 
Morris 
Northcott 
Pace 

H. D. Palmer 
J. M. Palmer 
Peters 
Pratt 
Servant 
J. Smith 
Thomas 
Thompson 
Thornton 
Vemor 
Wead 
Webber 
Williams. 



79 
G5 



Mr. Adams 


Mr. Harper 


Anderson 


Harvey 


Archer 


Hatch 


Armstrong 


HUl 


Atherton 


Hunsaker 


Ballingall 


Huston 


Blair 


James 


Blakely 


Judd 


Bond 


S. Kinney 


Carter 


Knox 


Z. Casey 


Lander 


Cboate 


Lasater 


Church 


Laugh lin 
McCully 


Churchill 


Colby 


McClure 


Crain 


Markley 


R. J. Cross 


Mason 


Dale 


Matheny 


J. M. Davis 


Moffett 


Dawson 


Moore 


Deitz 


Nichols 


Eccles 


Oliver 


Frick 


Pinckney 


Graham 


Powers 


H. R. Green 


Rives 


W B. Green 


Robbins 


Harding 




Those voting in 


the negative, are. 


Mr. Akin 


Mr. Hawley 


Allen 


Hay 


Bosbvshell 


Hayes 


Brockman 


Heacock 


Brown 


Henderson 


Caldwell 


Hoes 


J. M. Camobell 
T. Campbell 


Holmes 


F. S. Casey 


Hurlbut 


Constable 


Jackson 


D. Davis 


Jenkins 


T. G. C. Davis 


Jones 


Dummer 


Kenner 


Dunsmore 


N. M. Knapp 


C. Edwards 


KnowUon 


N. W. Edwards 


Kreider 


Evey 


Lemon 


Geddes 


Logan 


P. Green 


Loudon 


Gregg 


McCallen 


Grimshaw 


McHatton 


Harlan 


Manly 



Digiti 



zed by Google 



August 17.] JOURNAL OF THE CONVENTION. 



381 



The question was taken, by yeas and najs, on inserting the words 
" three hundred," 



And decided in 


the negative, {Jeas, 


• • • • OX. 

» • • • o7 


Those voting in 


the affirmative, are, 




Mr. Adams 


Mr. Jenkins 


Mr. Robbins 


Anderson 


Jones 


Robinson 


BlakelT 


Jndd . 


Roman 


Carter 


S. Kinney 


Roantree 


Z. Casey 


Kreider 


Scales 


Cfaoate 


Lasater 


Sim 


Colby 


Laughlin 


Simpson 


Crain 

R. J. Cross 


Log;an 
McCaliy 


Spencer 
Stadden 


Dale 


Markley 


Tomet 


J. M. Davis 


Matheny 


Tatt 


Dawson 


Miller 


Williams 


Deitz 


Mofiett 


Witt 


Frick 


Moore 


Whiteside 


Graham 


Nichols 


Whitney 


W. B. Green 


Oliver 


Woodson 


Huston 


Powers 


Mr. President. 


Those voting in 


the negative, are, 




Mr. Akin 


Mr.Gregy 


Mr. McHatton 


Allen 


Gnmshaw 


Manly 


Archer 


Harding 


F. S. D. Marshall 


Armstrong 


Harlan 


T. A. Marshall 


Atherton 


Harper 


Mason 


Ballingall 


Harvey 


Mienre 


Blair 


Hatch 


Minshall 


Bond 


Hawley 


Morris 


Bosbvihell 
Brockman 


Hay 


Northcott 


Hayes 


Pace 


Brown 


Heacock 


H. D. Palmer 


Caldwell 


Henderson 


J; M. Palmer 


J. M. Campbell 
T. Campbell 


Hill 


Peteis 


Hoes 


Pinckney 


F. 8. Casey 


Hogue 
Holmes 


Pratt 


Church 


Rives 


Churchill 


Honsaker 


Servant 


Constable 


Hurlbut 


Shields 


D. Davis 


Jackson 


Sibley 


T. G. C. Davis 


James 


E. 0. Smith 


Dummer 


Kenner 


Thomas 


Dunsmore 


A. R. Knapp 


Thompson 


Eccles 


N. M. Knapp 


Thornton 


C. Edwards 


KnowUon 


Trower 


N. W. Edwards 


Knox 


Vance 


Evey 


Lander 


Vernor 


Geddes 


Lemon 


Webber 


H. R. Green 


McCalien 


West 


P.Green 


McClure 


Worcester. 



Digiti 



zed by Google 



382 



JOURNAL OF THE CONVENTION. [August H 



IVJr. T. G. C. Davis moveil to fill the blank with the words "two hun- 
dred." 

The question was taken, by yeas and nays, 



And decided in the negative, 



Mr. Adams 
. Anderson 
Blakely 
Bond 
Brown 
Caldwell 
Carter 
Z. Casey 
Choate 
Churchill 
Colby 
Crain 
Dale 

J. M. Davis 
T. G. C. Davit 
Dawson 
Frick 
Graham 
P. Green 
W. B. Green 
Harper 
Hill 
Hogue 
Huston 



(Yeas, 


. 


71 


Sgatnc, Jjj^y^^ 


• • • • 


73 


Srmative, are, 






Mr. Jenkins 


Mr. Roman 




Jones 


Roantree 




Judd 


Scates 




S. Kinney 


Servant 




Kreider 


Sharpe 




Lasater 


Sbumway 




Laughlin 


Sim 




Logan 


Simpson 
E. 0. Smith 




McCully 




McHattoQ 


Spencer 




Markley 


sudden 




Mason 


Swan 




Matheny 


Trower 




Mieure 


Turner 




Miller 


Tutt 




Moffett 


Vance 




Moore 


Vernor 




Nichols 


West 




Oliver 


Williams 




H. D. Palmer 


Witt 




Pinckuey 


Whitney 




Powers 


Woodson 




Robinson 


Worcester. 





Those voting in the negative, are, ^ 



Mr. Akio 
Allen 
Archer 
Armstrong 
Atherton 
Ballingall 
Blair 

Bosbyshell 
Brockman 
Butler 

J. M. Campbell 
T. Campbell 
F. S. Casey 
Church 
Constable 
R. J. Cross 
D. Davis 
Deitz 
Dummer 
Dunsmore 
Eccles 
C. Edwards 
N. W. Edwards 
Evey 
Geddes 



Mr. H. R. Green 
Gregg 
Grimshaw 
Harding 
Harlan 
Harvey 
Hatch 
Haw ley 
Hay 
Hayes 
Heacock 
Henderson 
Hoes 
Holmes 
Hunsaker 
Hurlbut 
Jackson 
James 
Kenner 
A. R. Knapp 
N. M. Knapp 
KnowltoD 
Knox 
Lander 



Mr. Lemon 
Lin ley 
McCallen 
McClure 
Manly 

F. S. D. Marshall 
T. A. Marshall 
Minshall 
Morris 
Northcott 
Pace 

J. M. Palmer 
Peters 
Pratt 
Rives 
Robbina 
Shields 
Sibley 
J. Smith 
Thomas 
Thompson 
Thornton 
Webber 
Whiteside. 



Digiti 



zed by Google 



Augtat I7-] JOURNAL OF THE CONVENTION. 



3S 



Mr. West moved to fill the blank with '*one hundred and fifty.*' 
The question was taken, by yeas and nays, 



And decided in the negative, 



Mr. Akin 
Allen 
Blakelj 
Caldwell 
Carter 
Z. Casey 
Choate 
Church 
Colby 
Constable 
Grain 
D. Davis 
T. G. C. Davis 
Dawson 

N. W. Edwards 
Fnck 
Graham 
Geddes 
P. Green 
W. B. Green 
Harper 
Hawley 



,. ^ J Yeas, 


• • • 


''"'^ {Naj8, 


• . • 


mative, are, 




•.Hay 


Mr. Moore 


Hayes 


Morris 


Hifl 


Nichols 


Hogue 


Oliver 


Hurlbut 


H. D. Palmer 


Huston 


J. M. Palmer 


Jenkins 


Pinckney 


Jones 


Servant 


Kenner 


Sharpe 


A. R. Knapp. 


Sim 


Kreider 


Spencer 


Lasater 


Stadden 


Lemon 


Swan 


Lo^an 


Thornton 


McHatton 


Vance 


Markley 

T. A. Marshall 


Vernor 


West 


Matbeny 


Williams 


Mieure 


Woodson 


Miller 


Worcester. 


Minshall 


Mr. President, 


Moffett 





65 
76 



Those who voted in the negative, are, 



Mr. Adams 
Anderson 
Archer 
Armstrong 
Atherton 
Ballingall 
Blair 
Bond 

Bosbyshell 
Brockman 
Brown 

J. M. Campbell 
T. Campbell 
F. S. Casey 
Churchill 
R. J. Cross 
Dale 

J. M. Davis 
Deitz 
Dummer 
Dunsmore 
£ccles 
C. Edwards 
Evey 

H. It. Green 
Gregg 



Mr. Grimshaw 
Harding 
Harlan 
Harvey 
Hatch 
Heacock 
Henderson 
Hoes 
Holmes 
Hunsaker 
Jackson 
James 
Judd 

S. Kinney 
N. JVf . Kntpp 
KnowltoB 
Knox 
Lander 
Laugh lin 
McCallen 
McCully 
McCluie 
Manly 

F. S. D. Marshall 
Mason 



Mr. Northcott 
Pace 
Peters 
Powers 
Pratt 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Scates 
Shields 
Shu m way 
Sibley 
Simpson 
J. Smith 
Thomas 
Thompson 
Trower 
Turner 
Tutt 
Webber 
Witt 

Whiteside 
Whitney. 



Digiti 



zed by Google 



384 



JOURNAL OF THE CONVENTION. lAugugl 17. 



Mr. H. R. Green moved to fill the blank wilh<*fiftj." 

Mr. Botsbyshell moved to fill the blank wi^h ^'one hundred aad ten.'' 

Mr. Robbins moved to fill the blank with^^five hundred." 

Mr. Brockman moved to reconsider the vote on striking out; 

The question was taken, by yeas and nays^ on reconsidering. 



(Yeas 

And decided in the affirmative^ < Navs 

Those voting in the affirmative, are^ 



Mr. AkiD 


Mr.!Gregg 


Bosbyshell 
BrockmaD 


jHarfan 


Hawiey 


CaldweU 


Hay 


J. M. Campbell 
T. Campbell 


Hayes 


Heacock 


Carter 


Henderson 


F. S. Casey 


Hoes 


Choate 


Hogue 
Holmes 


Charchill 


Colby 


Hurlbat 


Constable 


Jones 


Crain 


Kenner 


D. Davis 


S. Kinney 


T. 6. C. Davis 




Dummer 


N. M. Knapp 


Dunsmore 


Knowlton 


C. Edwards 


Logan 


N. W. Edwards 


Loudon 


Evey 


McCallen 


Those voting in 


the negative, are, 


Mr. Adams 


Mr. Harvey 


Allen 


Hatch 


Anderson 


HiU 


Archer 


Hunsaker 


Armstrong 


Huston 


Atherton 


Jackson 


BalUngall 


James 


Blair 


Jenkins 


Blakely 


Judd 


Bond 


Knox 


Zadok Casey 


Kreider 


Church 


Lander 


R. J. Cross 


Lasater 


Dale 


Laughlin 


J. M. Davis 


Lemon 


Dawson 


McCuliy 


Deitz 


McClure 


Eccles 


McHatton 


Frick 


Markley 


Graham 


Mason 


Geddes 


Matheny 


H. R. Green 


Miller 


P. Green 


Mofiett 


W. fi. Green 


Moore 


Grimshaw 


Nichols 


Harding 


Powers 


Harper 


Rives 



59 
80 



Mr. Manly 

F. S.SD. Marshall 

T. A. Marshall 

Mieure 

Minshall 

Morris 

North cott 

Oliver 

H. D. Palmer 

J. M. Palmer 

Pratt 

Robbins 

J< Smith 

Swan 

Thompson 

Thornton 

Vemor 

Webber 

Williams. 



Mr. Robinson 
Roman 
Rountree 
Scates 
Servant 
Sharpe 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
E. O. Smith 
Spencer 
Stadden 
Thomas 
Trower 
Tbmer 
Tutt 
Vance 
Weed 
West 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester* 
Mr. President 



Digiti 



zed by Google 



August 17.] JOURNAL OP THE CONVENTION. 



3s:) 



The question was taken on inserting *> fifty,'' and decided in the nega- 
tive. 

The question was taken on inserting << one hundred and ten,'' and de- 
cidedinthe negative. 

Mr. Robbins withdrew the motion to insert "five hundred." 

Mr.Constable moved to reconsider the vote refusing to insert "two 
hundred." 

The question was taken, and decided in the negative. 

The question recurring upon the amendment proposed by Mr. K. J. 
Cross, to strike out the words "not exceeding one hundred dollars," it 
was put, 

The question was taken, bj jeas and nays, 



And decided in the affirmative, J ^^^^ 

' ( Nays, 

Those voting in the affirmative, are, 



Mr. Adams 


Mr. Harper 


Allen 


Harvey 


Andersoa 


Hatch 


Archer 


Hawley 


Armstrong 


Hay 


AUiertOD 


Henderson 


Ballingall 


Hill 


Blair 


Hogue 


Blatcelr 


Hunsaker 


Bond 


Hnrlbat 


Brockman 


Huston 


Butler 


Jackson 


CaldweU 


James 


Z. Casey 


Jones 


Choate 


S. Kinney 


Church 


A. R. Knapp 


Churchm 


Knowltoa 


Crain 


Knox 


R. J. Cross 


Kreider 


Bale 


Lander 


T. G. C. Daris 


Lasater 


Dawson 




Deitz 


Lemon 


Eccles 


Loudon 


C. Edwards 


McCallea 


Frick 


McCuUy 


Graham 


McClure 


Geddes 


McHatton 


H. R. 6re«i 


Manly 

Markley 

F. S. D. Marshall 


P. Green 


W. B. Green 


Gregg 


T. A. Marshall 


Grimshaw 


Mason 


Harding 


Matheny 


Those voting in 


the negative, are, 


Mr. Akin 


Mr. Constable 


Bosbyshell 


D. Davis 


T. Campbell 


Dummer 


Carter 


Dunsmore 


F. S. Casej 


N. W. Edwards 



103 

29 



Mr. Minshall 

Moore 

Nichols 

Powers 

Rives 

Robbins 

Robinson 

Roman 
' Rountree 

Scates 

Servant 

Sharpe 

Shields 

Shumway 

Sibley 

Sim 

Simpson 

E. O. Smith 
' Spencer 

Stadden 

Swan 

Trower 

Turner 

Ttttt 

Vance 

Webber 

West 

Williams 

Witt 

Whiteside 

Whitney 

Woodson 

Worcester 

Mr. President 



Mr, Evey 
Harlan 
Hayes 
Heacock 
N. M. Knapp 



25 



Digiti 



zed by Google 



386 



JOURNAL OF THE CONVENTION. lAugutt K 



Mr. Logan 


Mr. Pace 


Mr. Thompson 
Thornton 


Mieure 


U. D. Palmer 


Morris 


J. M. Palmer 


Vemor 


NoTtbcott 


Petcrg 


Wead. 


Oliver 


Pratt 





Mr. J. M . Davis moved to amend the same section by inserting the 
words **in such districts as the general assembly may direct," after the 
word "state," in the first line. 

The question was taken, by yeas and nays, 



And decided in 


the affirmative, |Yea8,^ • 


. 123 

► • • • • 


Those voting in 


the affirmative, are^ 




Mr. Adams 


Mr. Harding 


Mr. Northcott 


Akin 


Harlan 


Oliver 


Allen 


Harper 


Pace 


Anderson 


Hatch 


H. D. Palmer 


Archer 


Hawley 


J. M. Palmer 


Armstrong 


Hay 


Peten 


Atherton 


Heacock 


Pratt 


Ballingall 


Henderson 


Rives 


Blair 


Hill 


Robbins 


Blakelj 


Hogue 


Robinson 


Bosbyshelt 
Brockman 


Hunsaker 


Rountree 


Hurlbut 


Scates 


Brown 


Jackson 


Servant 


Butler 


James 


Sharpe 
Sbieldt 


T. Campbell 


Jones 


Carter 


& Kinney 


Sbumway 


F. S. Casey 


N. M. Knapp 


Sibley 


Zadok Casey 


Knowlton 


Sim 


Choate 


Kreider 


Simpson 
E. 0. Smith 


Church 


Lander 


Churchill 


Lasater 


Spencer 
Tliomton 


Colby 


Laughlin 


constable 


Lemon 


Trower 


Crain 


I^n 


Turner 


Dale 


McCallen 


Tutt 


J. M. Davis 


McCully 


Vance 


Dawson 


McClur« 


Vemor 


Dammer 


McHatton 


Wead. 


Dunsmore 


Manly 

Markley 

F. S. D. Marshall 


Webber 


Eccles 


West 


C. Edwards 


Williams 


N. W. Edwards 


T. A. Marshall 


Witt 


Evey 


Mason 


Whiteside 


Frick 


Mieure 


Whitney 


Oeddes 


Minshall 


Woodson 


P. Green 


Moffett 


Worcester. 


W. B. Green 


Moore 


Mr. Prendent. 


Grimshaw 


Nichols 




Those voting in 


the negative^ are, 




Mr. R. J. Cross 


Mr. Jadd 


Mr. Miller 


Graham 


Kenner 


Staddea. 



Digiti 



zed by Google 



Jugusl 17.] JOURNAL OF THE CONVENTION. 387 

Mr. Graham offered the following as a substitute for the section; 

^*There shall be elected in each county in this state, in such districts or 
townships as the county court may designate, or as may be otherwise au- 
thorized by \sLWf as many justices of the peace, constables and other 
officers and agents as may be necessary to conduct the business of said 
coanties respectively, whose jurisdiction and duties shall be defined by 
the legislature/' 

The question was taken, and the substitute rejected. 
On motion of Mr. Constable, 

The 20th section was stricken out. 

Mr. Archer moved to amend the 21st section, by adding thereto the 
following: 

^^Pravidedj that the legislature may hereafter provide by law for the 
election, by the qualified voters of each county in this state, of one prose- 
cuting attorney for each county, in lieu of the circuit attorneys provi- 
ded for in this section. The term of oflSce, duties and compensation of 
which county attorneys shall be regulated by law.'' 
On motion. 

The conrention adjourned to three o'clock, p. m. 



THUSS o'clock, p. 



The convention assembled pursuant to adjournment. 
On motion of Mr. Lemon, 

A call of the convention was ordered. 

The call was proceeded in for some time, when it appeared that the fol- 
lowing gentlemen were absent, viz: 

Messrs. Ballingall, Bosbyshell, Brockman, Bunsen, Butler, Canady, 
Carter, Cboate, Colby, Constable, S. J. Cross, Dement, Dunlap, Dunn, 
Edmonson, Farwell, W. B. Green, Grimshaw, Hay, Hoes, Hurlbut, A. R. 
Knapp, Knowlton, Linley, Lockwood, Loean, Matheny, Miller, Norton, 
Servant, Sherman, Sim, Turnbull, Tuttle, Webber, and Whiteside — 36. 
On motion of Mr. C. Edwards, 

Mr. Constable was excused in consequence of illness. 

The convention resumed the considerationof the report of the select 
committee of twenty-seven, on the Judiciary Department. 

The question pending when the convention adjourned this morning, was 
on the motion made by Mr. Woodson, to lay the amendment to the 2lBt 
section, proposed by Mr. Archer, on the table. 

Mr. Wooason withdrew the motion. ^ 

The question ^as taken, by yeas and nays, on the adoption of the 
amendment. 

And decided in the affirmative, JjJ®*J • ' ' * Jj 



Digiti 



zed by Google 



38S 



JOURNAL OF THE CONVENTION. lAugust 17. 



Those voting in the affirmative, are, 



Mr. Adams 


Mr. Hatch 


Allen 


Hawley 


Anderson 


Hayei 


Archer 


Heacock 


Armstrong 


Henderson 


Atherton 


Hill 


Ballingall 


Hoes 


BosbyshcU 
Broekman 


Hogue 
Holmes 


J. M. Campbell 


Hunsaker 


Church 


Huston 


Churchill 


Jackson 


R. J. Cioss 


James 


J. M. Davis 


Jones 


T. G. C. Davis 


Kenner 


Dunsmort 


S. Kinney 
N. M. Knapp 


Eccles 


Erey 


Knox 


Frick 


Kreider 


Geddes 


Lander 


P. Green 


Lasater 


W. B. Green 


Lauj^hlin 
McClure 


Gregy 


Harding 


^ McHatton 


Harlan 


Manly 


Harvey 




Those voting in the negative, are, 


Mr. Akin 


Mr. Harper 
Hurlbut 


Blakely 


Bond 


Jenkins 


Brown 


Judd 


Caldwell 


Knowlton 


T. Campbell 


Lemon 


F. 8. Casey 


Loudon 


Z. Casey 


McCallen 


Choate 


McCuUy 


Grain 


F. S. I). Mar 


Dale 


Mason 


D. Davis 


Minshall 


Dawson 


Moffett 


Deitz 


Morris 


Dammer 


Oliver 


C. Edwards 


Pace 


N. W. Edwards 


H. D. Palmer 


Farwell 


Peteis 


Graham 


Rives 


H. R. Green 


Bobbins 


Gnmshaw 





Mr. Markley 

T. A. Marshall 

Mieore 

Miller 

Moore 

Nichols 

J. M. Palmer 

Pinckney 

Powers 

Pratt 

Roman 

Rountree 

Sharpe 

Shields 

Simpson 

Spencer 

Stadden 

Turner 

Tutt 

Wead 

Webber 

Whiteside 

Whitney 

Worcester 

Mr. President. 



Mr. Robinson 
Scates 
Serrant 
Shumway 
Sibley 
Sim 

Singleton 
E. O. Smith 
J. Smith 
Swan 
Thomas 
Thompson 
Thornton 
Trower 
Vance 
Vernor 
West 
Williams 
Witt 
AVoodson, 



Mr. Servant moved to amend the section, as amended, by adding thereto 
the following proviso: 

^^Providedf that the only compensation of county attorneys be fees, to be 
collected from the defendant in criminal prosecutions; not to exceed 
five dollars in each case.'' 
The question was taken, and decided in the negative. 
Tha question was taken, by yeas and nays, on the adoption of iU 
section, as a.inended, 

JYeas, 88 

(Nays 49 



And decided in the affirmative, 



Digiti 



zed by Google 



August 17.] JOURNAL OF THE CONVENTION. 



389 



Those voting in thcaffirnnative, are, 



Mr. Adams 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
BalUngall 
Bond 

Bosbyshell 
Brockman 
Brown 
Butler 
Caldwell 
Carter 
Cboate 
Churchill 
Colby 
Crain 

R. J. Cross 
Dale 

J. M. Davis 
T. G. C. Davis 
Deitz 
Eccles 
Evej 
Ged des 
P. Green 
W. B. Gree» 
Gregg 
Hardi&gf 



Mr. Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hayes 
Heacock 
Henderson 
Hill 
Hoes 
Hoffue 
Hofmes 
Hunsaker 
Hoston 
• Jackson 
James 
Jones 
Kenner 
N. M. Knapp 
Knox 
Kreider 
Jjander 
Lasater 
Laugh tin 
Logan 
McClure 
McHatton 
Manly 
Markley 



Mr. Matheny 
Mieure 
, Miller 
Moffett 
Moore 
Nichols 
Oliver 
Pinckney 
Powers 
Pratt 
Roman 
Rountree 
Scates 
Shields 
Simpson 
J. Smith 
Spencer 
Stadden 
Swan 
Thompson 
Tamer 
Tutt 
Wead 
Webber 
Williams 
Whiteside ' 
Whitney 
Worcester 
Mr. President. 



Those voting in the negative, are, 



Mr. Akin 
Blakely 

J. M. Camdbell 
T. Campbell 
F. S. Casey 
Z. Casey 
D. Davis 
Dawson 
Dammer - 
C. Edwards 
N. W. Edwards 
Farwell 
Frick 
Graham 
H. R. Green 
Grimshaw 
Hurl bat 



Mr. Jenkins 


Mr. Bobbins 


Judd 


Robinson 


S. Kinney 


Servant 


A. R. Knapp 


Sharpe 


Kno^lton 


Shumway 


Lemon 


Sibley 


McCallen 


Sim 


McCully 


E. 0. Smith 


F. S. D. Marshall 


Thomas 


Mason 


Thornton 


Minshall 


Trower 


Morris 


Vance 


Pace 


Vernor 


H. D. Palmer 


West 


Peters 


Witt 


Rives 


Woodson, 



On motion of Mr. Thomas, 
The 22d section was amended by striking out the 4th and 5th lines. 

On motion of Mr. Thornton, 
The same section was amended bj striking out the word ^'commission- 
cd," in the second line, and by inserting in lieu thereof the word 
"elected.^' 

Mr. Markley moved to reconsider the vole taken on striking out the 
last two lines of the same section. 



Digiti 



zed by Google 



390 



JOURNAL OF THE CONVENTION. IJlugua 11 



The question was taken, and decided in the negative. 

Mr. Thomas moved to amend the same section, as amended, bj adding 
the following proviso: 

^^Providedy 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 sectioji, as amended, was further amended bj adding the 
following: 

*'The clerks of the supreme court shall be elected in each division bj 
the qualified electors thereof, for the term of six years, and until their 
successors are elected and qualified, whose duties and compensation shall 
be provided by law." 

On motion of Mr. F. S. D. Marshall, 

The following blank sections were adopted. 

<^Sec. — . All judges, clerks, justices of the peace, and prosecuting at- 
torneys shall be commissioned by the governor. 

^*Ssc. — . All process, writs, and other proceedings shall run in the 
name of * Thepeople of the stale of Illinois J^ All prosecutions shall be car- 
ried on *//i the name and by the authority of thepeople 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 this 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, 

(Yeas 

The proposed section was laid on the table, <^ ' * 

Those voting in the affirmative, are. 



72 

57 



Mr. Adams 
Akin 
Allen 
Atberton 
Bond 
Caldwell 
Church 
R. J. Cross 
D. Davis 
J. M. Davis 
T. G. C. Davif 
Dawson 
Deitz 
Dummer 
Dunsmore 
Eccles 
C. Edwards 



Mr.JN. W. Edwards 
Fricic 
Graham 
Geddes 
P. Green 
W. B. Green 
Gregg 
Grimsbaw 
Harding 
Harlan 
Harper 
Heacock 
Hill 
Ho^e 
Hoimes 
Hurlbut 
Jackson 



Mr. Kenner 
S. Kinney 
A. R. Knapp 
N. M. Knapp 
Knowlton 
Knox 
Lemon 
Logan 
Loudon 
McCallen 
F. S. D. Marshall 
Mason 
Matheny 
Mieure 
Miller 
MioshaJl 
Oliver 



Digiti 



zed by Google 



Angusl 17.j JOURNAL OP THE CONVENTION. 



391 



BCr. Sibley 


Mr. Thornton 


Sim 


Tamer 


£. 0. Smith 


Vance 


J. Smith 


Webber 


Spencer 


West 


Swan 


Williams 


Thomas 


Woodson. 



Mr. H. D. Palmer 
Pineknej 
Rives 
Robbins 
Robinson 
Roman 
Servant 
Sharpe 

Those voting in the negative, are, 

Mr. Anderson 
Archer 
Armstrong 
fiallingall 
Blairg 
Bosbyshelt 
Broclcfflan 
Brown 

J. M. Campbell 
T. Campbell 
Carter 

F. S. Casey 
Z. Casey 
Choate 
Choichill 
Colby 
Dale 
Evey 
Harvey 
Hatch 

On motion Mr. Pratt, 

The following additional section was adopted: 

Sec, — . The legislature may authorize the judgments, decrees and de- 
cisions of any local inferior court of record, of original, civil or criminal 
jurisdiction^ established in a city, to be removed for revision directly into 
the Bupren^e court. 

On motion of Mr. Thornton, 

The vote taken on the adoption of the sixth section, was reconsidered. 
On motion of Mr. Logan, 

The vote ordering the main question on the adoption of the Gth sec- 
tion was reconsidered. 

The question was taken on ordering the main question, and decided in 
the negative. 

Mr. Thornton offered the following as a substitute for the sixth section: 

"The supreme court shall hold one term annually in each of the afore- 
said grand divisions, at such time and place in each of said divisions as 
niay be provided for by law." 

The question was taken, by yeas and nays, 



Mr. Hawley 


Mr. Nichols 


Hayes 


Pace 


Henderson 


J. M. Palmer 


Hoes 


Peters 


Hunsaker 


Powers 


Huston 


Pratt 


James 


Roantree 


Jenkins 


Scates 


Kreider 


Shields 


Lasater 


Sham way 


Laughlin 
Linley 


Simpson 
Stadden 


McCuUy 


Thompson 


McClare 


Vemor 


McHatton 


IVead 


Manly 
Markley 


Witt 


Whiteside 


Moffett 


Worcester 


Moore 


Mr. President 


Morris 





And decided in the affirmative, \ ^ ^' 

(^>ajs. 



8:) 

43 



Digiti 



zed by Google 



:i92 



JOURNAL OF THE CONVENTION. {Augtist i: 



Those voting in the affirmative, are, 



Mr. Adams 


Mr. P. Green 


Mr. Oliyer 


Akin 


Grimshaw 


Pace 


Allen 


Harding 


H. D. Palmer 


Atherton 


Harper 


J. M. Palmer 


Blair 


Heacock 


Peters 


Bond 


Hill 


Pinckney 


Brown 


Holmes 


Rives 


Caldwell 


Hurlbut 


Robinson 


T. Campbell 


Jackson 


Roman 


Canady 


Jones 


Hcates 


F. S. Casey 


Judd 


Servant 


Z. Casey 


Kenner 


Sibley 


Choate 


S. Kinney 


Sim 


Church 


A. R. Knapp 


£. O. Smith 


Churchill 


N. M. Knapp 


J. Smith 


R. J. Cross 


KnowltoB 


Spencer 


D. Daris i 


Knox 


Swan 


J. M. DaYis 


Lander 


Thomas 


T. G. C. Davia 


Lasater 


ThomtoD 


Dawson 


Lemon 


Turner 


Deitz 


Logan 


Vance 


Dummer 


Loudon 


Vemor 


Dunsmore 


McCuIly 


West 


Eccles 


F. S. D. Marsball 


William* 


C. £dwards 


Mason 


Witt 


N. W. Edwards 


Matheny 


Whiteside 


Evey 


Mieure 


Whitney 


Farwell 


Miller ' 


Woodson 


Graham 


Minshall 


Worcester. 


Geddes 


MofTett 




Those who voted 


in the negative, are, 




Mr. Anderson 


Mr. Hawley 


Mr. Moore 


Archer 


Hayes 


Morris 


Armstrong 


Henderson 


Nichols 


BallingaU 


Hoes 


Powers 


Blakely 


Hogue 


Pratt 


Bosbysheir 
Brockman 


Himsakev 


Robbine 


Huston 


Rountree 


J. M. Campbell 


James 


Shields 


Carter 


Jenkins 


Sbumway 


Colby 


Kreider 


Simpson 
Stadden 


Dale 


Laughlin 


Frick 


Linley 
McCfute 


Thompson 


Gregg 


Trower 


Harlan 


McUattoB 


Wead 


Harvey 


Manly 
Markley 


Webber 


Hatch 


Mr. President. 



Mr. Markley moved to amend the substitute by adding thereto the fol- 
lowing proviso: 

^^Providedf however^ that the general assembly may, after the year-> 
eighteen hundred and fifty-five, direct by law that the said court shall be 
held in each judicial circuit," 

The question was taken, by yeas and nays, 



And decided in the negative, 



JYeas, 
(Nays, 



40 

80 



Digiti 



zed by Google 



August 18.] JOURNAL OP THE CONVENTION. 



393 



Those voting in the affirmative, are, 



Mr. Archer 
ArmstrDDg 
BalliDgall 
Blair 

Brockman 
J. M. Campbell 
Carter 
Choate 
Churchill 
Farwell 
Frick 
P. Green 
Harlan ; 
Harvey 



Those voting in the negative, &re, 



Mr. Hatch 


Mr. Nichols 


Hawley 


J. M. Palmer 


Henderson 


Peters 


Hansaker 


Powers 


Huston 


Rires 


Jenkins 


Rountree 


Kreider 


Shields 


Laughlin 

Lintey 

McClure 


Simpson 


Thompson 


IVower 


McHatton 


Vance 


Manly 
Markley 


Webber 


Mr. President, 



Mr. Adams 
Akin 
Allen 
Anderson 
Atherton 
Bond 
Brown 
Caldwell 
F. a Casey 
Z. Casey 
Church 
Colby 
Crain 

R. J. Cross 
Dale 
D. Davis 
J. M. Davis 
T. 6. C. Davis 
Dawson 
Deitz 
Dummer 
Dunsmore 
Eccles 
C. Edwards 
N. W. Edwards 
Graham 
Geddes 
Grimsbaw 
Harding 



Mr. Harper 
Hayes 
Heacock 
Hill 
Hoffue 
Holmes 
Hurlbut 
Jackson 
James 
Jones 
Xenner 
S. Kinney 
A. R. Knapp 
N. M. Knapp 
Knowlton 
Knox 
Lander 
Lasater 
Lemon 
Logan 
Loudon 
MeCully 

F. S. D. Marshall 
Mason 
Matheny 
Mieure 
Miller 
Minshall 
Moffett 



On motion. 
The convention adjourned. 



Mr. Moore 
Oliver 
Pace 

H. D. Palmer 
Pratt 
Bobbins 
Robinson 
Roman 
Scates 
Servant 
Sharpo 
Sibley 
Sim 

E. O. Smith 
J. Smith 
Spencer 
Swan 
Thomas 
Thornton 
Turner 
Vemor 
West 
Williams 
Witt 

Whiteside 
Whitney 
Woodson 
Worcest cr. 



WEDNESDAY, August 18, 1847. 



Convention met pursuant to adjournment. 
The journal of Saturday was. read. 

On motion of Mr. Gregg, 
Leave of absence was granted to Mr. Sherman, for two weeks, in con- 
sequence of sickness. 



Digiti 



zed by Google 



394 JOURNAL OF THE CONVENTION. [August 13. 

On motion of Mr. Archer, 
Leave of absence was granted to Mr. Butler for two weeks. 

On motion of Mr. Eccles, 
Leave of absence was granted to Mr. Edmonson for seven days, in con- 
sequence of sickness. 

Mr. Churchill, from the special committee to which was referred the 
subject of agriculture, &c., made the following report from the majority 
of said committee, as suitable to be engrafted into the new constitution: 

ARTICLE — . 

Sbction I. The general assembly shall encourage internal improve- 
ments, by passing liberal general laws of incorporation for that purpose. 

Sec. 2. The general assembly shall provide by law for a geological 
survey of the state, when the finances of the state shall justify it. 

Mr. Churchill, from the minority of the same committee, reported the 
following as suitable to be engrafted into the new constitution: 

ARTICLE — . 

AGRICULTURE. 

Section 1 . The general assembly shall pass such general laws as may 
be necessary to promote the interests of agriculture. 

Sec. 2. The general assembly shall pass eenerai laws to allow coun- 
ties and townships to levy taxes and impose fines for agricultural purpo- 
ses; and towDshipa to levy taxes to establish agricultural and general libra- 
ries and superintend the same. 

Sec. 3. The superintendent of schools for the state, counties and town- 
ships may be made superintendent of the interests of agriculture, and the 
general assembly shall provide by law. through these and other school offi- 
cers or otherwise^ for the collection annually of all agricultural statistics, 
and thedeposite and safe keeping of the same; and shall provide for the 
introduction of agricultural science to the common schools of this state, 
and the publication and circulation of statistics. 

Sec. 4. The general assembly may authorize by law the election of a 
board of agriculture, to be composed of not less than one member from 
each senatorial district, whose duty shall be to recommend to the general 
assembly the passage of such laws as may be necessary to promote the in- 
terests of agriculture, and such other duties as may by law be assigned 
them. Said boarashall meet at such time and place as the superintend- 
ent or other officer may direct, until otherwise provided by law, and the 
state superintendent of agriculture shall be the presiding officer. Five of 
the board shall form a quorum to do business, but no law passed by the 
general assembly on the recommendation of said board shall be binding, 
or in any manner affect any district not represented in said board, unless 
passed by the general assembly as a general law, and declared so to be. 
Said board of agriculture shall be also a board of edacation, and the duties 
of the board shall be defined by law. 
i 



Digiti 



zed by Google 



August 18.] JOURNAL OP THE CONVENTION. 396 

Sbc 5. The members of the board of agriculture shall receive no salary 
or per diem from the reveoues of the state. 

On motion of Mr. Churchill, 

The reading of the reports was dispensed with, and 250 copies ordered 
to be printed for the use of the convention. 

Mr. N. M. Knapp, from the committee on Law Reform, reported the 
following preamble, article and sections to be engrafted into the revised 
constitution: 

PREAMBLE. 

We, the people of the state of Illinois, in order to form a more perfect 
government, establish justice, insure domestic tranquility, provide for the 
common defence, promote the general welfare, and secure the blessings of 
liberty to ourselves and our posteiity, do ordain and establish this constitu- 
tion for the state of Illinois: 

ARTICLE 1. 

Section 1. The boundaries and jurisdiction of the state shall continue 
to 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 noith-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 the north 
latitude forty-two degrees and thirty minutes; thence west to the middle of 
the Mississippi river, and thence down 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 beginning. 

ARTICLE 2. 

Section L The powers of the government of the state of Illinois shall 
be divided into three distinct departments, and each of them to be confi- 
ded 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- 
ciary, to another. 

Sec 2. No person or collection of persons, being one of those depart- 
ments, shall exercise any power properly belonging to either of the others, 
except as hereinafter expressly directed or permitted; and all acts in con- 
travention of this section shall be void. 

Sec. — . The governor shall nominate, and by and with the advice and 
consent of the senate, (a majority of all the senatoj^s concurring) appoint 
all officers whose offices are established by this constitution, or which may 
be created by law, and whose appointments are not herein otherwise pro- 
Tided for; and no such officer shall be elected or appointed by the general 
assembly; Provickd^ further ^ that officers whose jurisdiction and duties are 
confined within the limits of a county, and whose appointments are not 
herein otherwise provided for, shall be appointed in such manner as the 
general assembly shall prescribe. 



Digiti 



zed by Google 



396 JOURNAL OF THE CONVENTION. [August 18. 

Sec. — . No person shall be elected or appointed to any office in this 
state who is not a citizen of the United States, and who shall not have re- 
sided in this State one year next before the flection ox appointment. Eve- 
ry 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 U nited States and of this State, and also an oath of 
office. 

The minority of males shall cease at twenty-one, and of females, at 
eighteen years of age. 

On motion of Mr. N. M. Knapp, 

The reading of the report was dispensed with, and S50 copies-ordered 
to be printed for the use of the convention. 

Mr. Pratt, from the committee on Finance, to which was referred an ar- 
ticle proposed for insertion in the new constitution by Mr. C. Edwards, 
reported the same back, and asked to be discharged from the further coo- 
sideraiion thereof. 

The question was taken, and the committee discharged. 
On motion of Mr. Archer, 

A call of the convention was ordered. 

The call was proceeded in for some time, when it appeared that the fol- 
lowing gentlemen were absent: 

Messrs. Brown, Bunsen, Butler, Constable, S. J.Cross, T. 6. C.Davi;, 
Dement, Dunn, Edmonson, N. W. Edwards, Evey, Farwcll, P. Green, 
Grimshaw, Hay, Holmes, James, W. C. Kinney, Kitchell, Knox, Lauder, 
Lockwood, Logan, Matheny, Minshall, Northcott, Norton, Pace, Rives, 
Sherman, J. Smith, Thompson, Tuttle, Wead and Williams — 35. 
On motion of Mr. Markley, 

Further proceedings under the call were dispensed with. 

The convention resumed the consideration of the report of the select 
committee of twenty-seven on the judiciary department. 

Mr. Harvey moved the following as a proviso to the 6th section as 
amended: 

**Providedf that after the year 1850, the general assembly may provide 
by law that a term of the supreme court shall be held in two places in any 
one or more of the said grand divisions, if in their opinion the public good 
requires it." 

The question was taken, by yeas and nays, on the adoption of the 
amendment. 

And decided in the negative, j J^^^» ." ! ' ! 77 

Those voting in the aflirmative, are, 

Mr. Adams * Mr. T. Campbell Mr. Farwell 

Anderson Carter Frick 

Archer Church Gregg 

Armstrong Churchill Harlan 

Ballingall Colby Harvey 

Blair Crain Hatch 

Blakely R. J. Cross Hawley 

Brockman Dale Heacock 

J. M. Campbell Deilz Henderson 



Digiti 



zed by Google 



Au^t 18.] JOURNAL OF THE CONVENTION. 



397 



Mr. Hill 
Hoes 
HuDsaker 
Huston 
JeDkins 
Kreider 
Laugblin 
McClura 
McHatton 
Manly 



Mr. Akin 
Allen 
Atherton 
Bond 

JBosbysbell 
Brown 
Caldwell 
Canaday 
F. S. Casey 
Z. Casey 
Choate 
D. Davis 
J. M. Davis 
Dawson 
Dommer 
DuDsmore 
Eccles 
C. Edwaids 
Graham 
Geddes 
H. B. Green 
P. Green 
W. B. Green 
Harding 
Harper 
Hayes 

The question was taken on the adoptioa of the 6th section, as amend- 
ed, and decided in the affirmative. 

Mr. Armstrong moved to amend the 7th section by striking out the 
word *»twelve,'' in the first line, and bj inserting the word "nine" in lieu 
thereof. ' * 

Mr. Scates called for a division of the question, so as to vote first on 
striking out. 

The question was taken, and the convention refused to divide the qjes- 
tion. 

The question was taken on the amendment proposed by Mr. Armstrong, 
and decided in the affirmative. 

The question was taken on the adoption of the 7tli section, as amended, 
and decided in the affirmative. 

The question was consecutively taken on the adoption of tiie 8th and 
l)ih sections, and decided in the affirmative. 
On motion of Mr. Woodson, 

The tenth section was amended by striking out the word "hold," in the 
fourth line, and by inserting in lieu thereof the words "be eligible to." 

Mr. Scates moved to amend the 10th section by striking out the words 
"nor the United States,'' in the 4th line, and by striking out all after the 
word *Hhereafter," in the 5th line. ^ . 

Digitized by VjOOQ IC 



Mr. Markley 


Mr. Shumway 


Morris 


Simpson 


Nichols 


Spencer 


Oliver 


Stadden 


Peters 


Thompion 


Powers 


TYower 


Pratt 


Tutt 


Bobbins 


Webber 


Bo un tree 


Mr. Preside! 


Shields 




sgative, are. 




Mr. Hogue 
Holmes 


Mr. Pinckney 
Bives 


Hurlbut 


Bobinson 


Jackson 


Boman 


Jones 


Scates 


Jadd 


Servant 


Keoner 


Sharpe 


S. Kinney 


Sibley 


A. B. Rnapp 


Sim 


Knowlton 


Jw Smith 


Knox 


Swan 


Lasater 


Thomas 


Lemon 


Thornton 


Linley 


TombuU 


Lockwood 


Turner 


Ix>adon 


Tuttle 


McCallen 


Vance 


McCully 


Vernor 


F. S. D. Marshall 


West 


Mason 


Williams 


Mieure 


Witt 


Miller 


Whiteside 


Minshall 


Whitney 


Moffett 


Woodson 


Moore 


Worcester. 


H. D. Palmer 





398 



JOURNAL OF THE CONVENTION, [August 18. 



The question was taken, and decided in the negative. 
On motion of Mr. Thomas, 

The same section was amended by inserting after the word ^Hrust/' in 
the fourth line, the words '*or profit" 

Mr. C. Edwards moved to strike out the words '-twelve hundred/* in the 
first line of the same section, and to insert in lieu thereof, the words ^*fif- 
teen hundred." 

Mr. Rountree called for a division^ so as to vote first on striking out. 

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 
amendment. 



And decided in 


the negative, {^JJ^ ; 


44 

. . 104 


Those voting in the affirmative, are, 




Mr. AndenoD 


Mr. Grimshaw 


Mr. Powers 


BaaiDgall 


Heacock 


Pratt 


Bosbyshell 


Hurlbat 


Roman 


Brown 


Judd 


Servaat 


T. CampbeU 


S. Kinney 


Sharps 


Choate 


A. R. Knapp 


Sibley 


Charch 


Knowlton 


Mngleton 


D. Davis 


Knox 


Swan 


Dammer 


Lockwood 


Thomas 


C. Edwards 


Mason 


Thompson 


H. R. 6Fe«n 


Minshall 


Webber 


W. B. Green 


Peters 


WiUiams 


Gregg 


Pinckney 


MTorcester. 


Those voting in 


the negative, are. 




Mr. Adams 


Mr.|N. W. EdwaMs 


Mr. Laughlin 


Akin 


FarweU 


Lemon 


Allen 


Frick 


Linley 


Archer 


Graham 


Logan 


Armstrong 


Geddes 


McCallen 


Atherton 


P. Green 


McCuUy 


Blair 


Harding 


McClare 


Blakely 


Harlan 


McHatton 


Bond 


Harper 


Manly 

Markley 

F. & D. Marshall 


Brockman 


Harvey 


Caldwell 


Hatch 


J. M. Campbell 


Hawley 


T. A. Marshall 


Canaday 


Hayes 


Mienre 


Carter 


HendersoB 


Miller 


F. S. Casey 


HiU 


Mofiett 


Z. Casey 
Churchill 


Hoes 


Moon 


Hogue 


Morris 


Constable 


Hunsaker 


Nichols' 


Crain 


Haston 


Oliver 


It J. Crow 


Jackson 


Pace 


Dale 


James 


H. D. Palmer 


J. M. Davis 


Jenkins 


J. M. Palmer 


T. O. C. Davis 


Jones 


Rives 


Dawson 


^ Kenner 


Bobbins 


Delta 


ri. M. KnapB 


Robinson 


Dnnlap 


Kreider ^^ 


Ronntree 


■^fwtmort 


Luider 


Seates 


toe 


lasater 


Shields 

Digitized by Google 



August 18,] JOURNAL OP THE CONVENTION. 



399 



Mr. Shamwaj 
Sim 

Simpson 
£. 6. Smith 
J. Smith 
Spencer 



Mr. Thornton 


Mr. 


. Vemor 


Trower 




West 


Tiimbull 




Witt 


Turner 




Wbiteshi« 


Tutt 




Whitney 


Tuttle 




Woodson 


Vance 




Mr. President. 



Mr. Hogae moved to amend the same section, bj striking out the words 
^'tvrelve handred,^' in the first line, and to insert in lieu thereof the words 
**one thousand.'' 

A division being called for, 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 
amendment. 



And decided in 


the negative, |Ye-; 


• • • • 60 

• • • • oO 


Those voting in 


the affirmative, are, 




Mr. Armstrong 


Mr. Hogue 


Mr. NichoU 


Atherton 


Hunsaker 


Oliver 


Blakely 


James 


Pace 


Bond 


Jenkins 


H. D. Pelmer 


Brocicman 


Jones 


Riyes 


J. M. Campbell 


Judd 


Rountree 


Carter 


Ereider 


Scates 


F. S. Casey 


Lasater 


Shields 


Z. Casey 


Laaghlin 


Shomway 


Crain 


Lemon 


Sim 


Dale 


McCuUy 


Simpsoa 
J. Smitii 


J. M. Davis 


McHatton 


Eccles 


Manly 


Trower 


N. W. Edwards 


Markley 


Tutt 


Frick 


Mieure 


Vemor 


Harlan 


Moffett 


Witt. 


Hoes 


MorrU 


# 


Those voting in the negative, are. 




Mr. Adams 


Mr. Dummer 


Mr. Huston 


Akin 


Danlap 


Jackson 


Allen 


Dunsmore 


S. Kinney 
A. R. Knapp 


Anderson 


C. Edwards 


Archer 


Graham 


N. M. Knapp 


Ballingall 


Geddes 


Knowlton 


Blair 


H. R. Green 


Knox 


Bosbysbell 


P. Green 


Lander 


Brown 


W. B. Green 


Linley 


Caldwell 


Gregg 


Lockwood 


T. Campbell 


Grimshaw 


Logan 


Canady 


Harding 


McCallen 


Cboate 


Harper 


McClure 


Church 


Hateh 


F. S. D. MarshaU 


Chnrchill 


Hawley 


Mason 


ConsUble 


Bayet 


Miller 


R. J. Croat 


Heacock 


Minshall 


D. DaWs 


HendersoA 


Moore 


T. 0. C. Davis 


Hill 


J. M. Pilaer 


Dtits 


Horibttt 


Peters 



Digiti 



zed by Google 



400 



JOURNAL OF THE CONVENTION, ytigmt IS. 



•. PiDckney 


Mr. Spencer 


Mr. Vance 


Powers 


Stadden 


Webber 


Pratt 


Swan 


West 


Robbins 


Thomas 


Williams 


Robinson 


Thompson 


Whiteside 


Roman 


Thornton 


Whitney 
\loodson 


Servant 


TurnbuU 


Sbarpe 


Turner 


Worcester 


Sibley 


TutUe 


Mr. President. 



Mr.T. Campbell moved to amend the same section bj striking out al! 
after the words '^and no more," in the third line. 

The question was taken, by yeas and nays, on the adoption of the 
amendment) 

iYeas 25 

And decided in the negative, ) Nays' • • • 



Those voting in the affirmative, are, 



Mr. Akin 


Mr. T. Campbell 


Anderson 


Hatfl 


Archer 


Armstronc 


Henderson 


Ballingali 


Hill 


Blair 


S. Kinney 


Blakely 


Lasater 


Brockman 


Mc Clare 


Brown 




Those voting in 


the negative, are, 


Mr. Adams 


Mr. W. B. Green 


Atberton 


Grimshaw 


Bond 


Hardinfir 


Bosbyshell 


Harlan 


Caldwell . 


Harper 


J. M. Campbell . 


Hanrey 


Canady 


Hawley 


Carter 


Hayes 


F. S. Casey 


Hpacock 


Z. Casey 


Choate 


H^e 


Charch 


Hunsaker 


Charchill 


Hurlbat 


Constable 


Haston 


Crain 


Jackson 


R. J. Cross 


James 


D. Davis 


Jenkins 


J. M. Davis 


Jones 


T. 6. C. Davit 


Judd 


Dawson 


Kenner 


Deitz 


A. R. Knapp 


Dummer 


N. M. Knapp 


Dunlap 


Knowlton 


Dunsmore 


Knox 


Eccles 


Kreider 


C. £dwards 


Lander 


N. W. Edwards 


Laughlin 


Frick 


Lemon 


Graham 


Linley 


Geddes 


Loekwood 


P. Green 


McCallen 



Mr. Markley 

F. S. D. Marshall 

Moffett 

Morris 

Pratt 

States 

Vernor 

Webber. 



Mr. McCulIy 
. McHatton 
Manly 
Mason 
Mieare 
Miller 
Minshall 
Moore 
NiehoU 
Oliver 
Pace 

H. D. Palmer 
J. M. Palmer 
Pinckney 
Powers 
Rives 
Robbins 
Robinson 
Rountree 
Servant 
Sharpe 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
Sin^eton 
£. O. Smith 
Spencer 
Stadden 



Digiti 



zed by Google 



Augua 18.] JOURNAL OF THE CONVENTION, 



401 



Ml. Thomas 
TbompsoB 
. Thornton 
Trower 
TiiriibuU 
Turner 



Mr.Tiitt 


Mr. Whiteside 


Tuttk 


Whitney 


Vance 


WoodsoQ 


West 


Worcester 


Williams 


Mr. President. 


WiU 





Mr. West moved to amend tbe same section by striking oat the wordg 
^one thousand,'' in the second and third lines^ and to insert in lieu there- 
of the words ^Hwelve hundred." 
On motion. 

The previous question was ordered* 

The question was talien, bjjeasand najs, on the adoption of the 
amendment, 



And decided in 


the negative, {Jeas 


« • • • do 

. 101 


Those voting in 


the affirmative, are. 


« 


Mr. Anderson 


Mr. Hatch 


Mr. Powers 


Armstrong 


Heacock 


Pratt 


BaUingaU 


Hoes 


Roman 


Boabyshell 


Hurlbut 


Servant 


T. CampbeU 


Judd 


Sharpe 


Choate 


KiiowUon 


Sibley 


Church 


Lockwood 


Swan 


Colby 


Mason 


Webber 


Danlap 


Mioshall 


West 


W. B. Green 


Moore 


Williams 


Gregg 


Peters 


Mr. President 


Grimsfaaw 


Panckney 




Those voting in 


i the negative, are. 




Mr! Adams 


Mr. Dansmoie 


Mr. N. M. Knapp 


Akin 


Eccles 


Knox 


Alien 


N W. Edwards 


Kreider 


Archer 


Frick 


Lander 


Atherton 


Graham 


Lasater 


Blair 


GediJes 


Lemon 


Blakely 


H. R. Green 


Linley 


Bond 


P. Green 


Logan 


Brockman 


Harding 


McCailen 


Brown 


Harlan 


McCttlly 


J. M. Campbell 


Harper 


McClure 


Caoady 


Harvey 


McHatton 


Carter 


Uawley 


Manly 

Markley 

F. S. D. MarshaU 


F. & Casey 


Hayes 


Z. Casey 


Henderson 


Cburchifl 


Hill 


Mieure 


ConsUble 


Hogue 


Miller 


Craitt 


Hunsaker 


MolTett 


R. J. Cross 


Huston 


Morris 


Dale 


Jackson 


Nichols 


D. DavU 


James 


Oliver 


J. M. Davis 


Jenkins 


Pace 


Dawson 


Jones 


B. D. Palmer 


Deitz 


Kenner 


J. M. Palmer 


Dommer 


A. B. Knapp 


Rives 



36 



Digiti 



zed by Google 



402 



JOURNAL OF THE CONVENTION. ' [Augusl IS. 



Mr. Robbins 


Mr. J. Smith 


Mr, Tultle 


Robinson 


Spencer 


Vance 


Kountree 


Stadden 


Vernor 


Scales 


Thomas 


Witt 


Shields 


Thornton 


Whiteside 


Sh um way- 


Trower 


Whitney 


Si m 


Turnbull 


Woodson 


Simpson 


Turner 


Worcester. 


E. 0. Smith 


Tutt 





Tiie question was taken on the adoption of the 10th section, as amend- 
ed, and tiecided in the affirmative. 

On motion of Mr. Constable, 

The liist vote was reconsidered. 

On motion of Mr. Armstrunjj, • 

. The vote ordering the ma^n question was reconsidered. 

The question was taken on ordering the main question, and decided in 
the negative. 

On motion of Mr. Lock wood, 

The same section was amended hy inserting the words "per annum/' 
after the word '^lollars," in the third line. 

Mr. II. D. Pidmer moved to amenl the same section by striking out 
the words 'v>ne thousand," in the second and third lines, and to insert in 
lieu thereof, the words *'eight hundred." 

The question was taken, by yeas and nays^ on the adoption of the 
amendment, 

And decided in the negative, ^v^"^'' ,^ 

o i^ lys, 103 

Those voting in the affirmative, arc. 



Mr. Atherton 


Mr. Hunsaker 


Mr. Morris 


Biakely 


James 


Oliver 


Bond 


Jenkins 


H. D. Palmer 


J. M. Campbell 


Jories 


Robbins' 


F. S. Casey 


Judd 


Rountree 


Z. Casey 


Knox . 


Shields 


Crain 


Lasater 


Sh urn way 


J. M. Davis 


Lemon 


Sim 


Kccles 


McHatton 


Simpson 


Frick 


Markley 


Singleton 


Plarlan 


Mieure 


Vernor 


Hogue 


Moffett 


Whiteside. 


Those voting in 


the negative, arc, 




Mr. Adams 


Mr. T. Campbell 


Mr. Deitz 


Ajvia 


Canady 


Dnmmer 


AlltMl 


Carter 


Dunlap 


Anderson 


■ Choate 


Duiismore 


Archer 


Church 


C. Edwards 


Armstrono; 


Colby 


N. W. Edwards 


BaliingaH 


Constable 


Graham 


Blur 


R. J. Cross 


Geddes 


Bosby shell 


Dale 


H. R. Green 


Brocknidn 


D. Davis 


P. Green 


Brown 


T. G. C. Davii 


W. B. Green 


Caldwell 


Dawson 


Gregg 



Digiti 



zed by Google 



August 18.] JOURNAL OF THE CONVENTION. 



403 



Mr. Grimshaw 
Harding 
Karper 
Harvey 
Hatch 
Haw ley 
Hayes' 
Heacock 
Hendersoa 
Hill 
Holmes 
Hurlbut 
Huston 
Jackson 
Kenner 
S. Kinney 
A. K. Knapp 
N. M. Knapp 
Knowlton 
Kreider 
JLander 
Laiig^htin 
Lioley 



Mr. Lockwood 


Mr. Sharpe 


Logan 


Sibley 


McCallen 


J. Smith 


McClure 


Spencer 


Manly 


Stadden 


F. S. D. Marshall 


Swan 


Mason 


Thomas 


Miller 


Thornton 


Minshall 


Trower 


Moore 


Turnbull 


Nichols 


Turner 


Pace 


Tiitt 


J. M. Palmer 


Tiittle 


Peters 


Vance 


Pinckney 


Webber 


Powers 


West 


Pratt 


Williams 


Hives 


Witt 


Robinson 


Whitney 


Roman 


Woodson 


Scales 


Worcester 


Servant 


Mr. President. 



Mr. Singleton moved to amend the same section by inserting after the 
word '*not," in the fourth line> the words *^be twice in succession elected 
to, nor." 

On motion, 

The previous question was ordered. 

The question was taken, by yeas and nays, on the adoption of the 
amendment. 



And decided in 


the] 


negative, {^e-; 


• • • • 

• • • • 


33 
102 


Those voting in 


the affirmative, are. 






Mr. Constable 




Mr. Hayes 


Mr. Mieure 




CraiQ 




Hunsaker 


Miller 




D. Davis 




James 


Peters 




J. M. Davis 




Jenkins 


Scales 




Duulap 




Judd 


Sim 




N. W. Edwards 




Kenner 


Singleton 




Farwell 




S. Kinney 


J. Smith 




H. R. Green 




Kreider 


Williams 




W. B. Green 




Lockwood 


Witt 




Gregg 




Loudon 


Whiteside 




Harlan 




McCallen 


Woodson. 




Those voting in 


the 


! negative, are. 






Mr. Adams 




Mr. Brown 


Mr. Charchili 




Akin 




CaldweU . 


Colby 




Allen 




J. M. CampbeU 


K. J. Cross 




Anderson 




T. Campbell 


Dale 




Archer 




Canady 


Dawson 




Armstrong 




Carter 


Deitz 




Atherton 




F. S. Casey 


Dummer 




Ballingall 




Z. Casey 


Dunsmore 




Bond 




Choate 


Eccles 




Brockman 




Church 


C. Edwards 





Digiti 



zed by Google 



404 



JOURNAL OF THE CONVENTION. lAugust 18. 



Mr. Evey 

Frick 

Grabam 

Geddes 

P. Green 

Grimsbaw 

Hard'mg 

Harper 

Harvey 

Hatch 

Hawlej 

Heftcock 

Henderson 

Hill 

Hogue 

Holmed 

Hurlbut 

Huston 

Jones 

A. R. Knapp 

N. M. Knapp 

KnowltoA 

Knox 

Lander 

Lasater 



Mr. Laughlin 
Lemon 
Linley 
Lo^an 
McCully 
Mc Clare 
McHatton 
Markley 

F. S. D. Marshall 
Mason 
MinshaU 
Moffett 
Moore 
Moms 
Oliver 
Pace 

H. D. Palmer 
J. M. Palmer 
Pinckney 
PraU 
Rives 
Robbins 
Robinfon 
Roman 



Mr. Rountree 
Servant 
Sbarpe 
Shields 
Shumway 
Sibley 
Simpson 
E. Q. Smith 
Spencer 
Staddea 
Swan 
Thomas 
Thomtoo 
Trower 
Turnbttll 
Turner 
Tutt 
Tuttle 
Tance 
Vernor 
Webber 
West 
Worcester 
Mr. President 



The question was taken on the adoption of the section as amended, and 
decided in the affirmative. 

On motion of Mr. Hurlbut, 
The 11th section was amended bj striking out the word ^^pending,^ in 
the second line, and by inserting in lieu thereof the word ^'prcceding.^ 
On motion of Mr. J. AI. Campbell^ 
The same section was amended by striking out the word ^^two,*' in the 
second line, and by inserting in lieu thereof, the word **five." 
On motion of Mr. Kenncr, 
The same section was amended by striking out the words <<at the time 
of his election reside,** in the third line, and by inserting in lieu thereof, 
the words ^^for two years next preceding his election, have resided.** 

Mr. Markley moved to amend the same section by striking out the word 
"five," in the fifth line^ 

The question was taken, and tho amendment rejected. 
Mr. Armstrong moved to amend the same section by inserting after the 
words "thirty-five" the words "and have not paid a state or county tax.** 
On motion of Mr. K. J. (Jross, 
The previous question was ordered. 

The question was taken, by yeas and nays, on the adoption of the 
amendment, 

(Yeas, • • • .47 
(Nays, • . • • 86 



And decided in the negative, 



Those voting in the aflSrmative, are, 



Mr. Archer 
j Annstronc 

BalUngalf 
Blair 
BUkttly 



Bf r. Bofbysbell 
Brockman 
Brown 
CMadjr 
F. S. CMer 
Z. Casey 



Mr. Cboata 
Churchill 
Grain 
Danlap 
EccIm 
Kirty 



Digiti 



zed by Google 



August 18.] JOURNAL OF THE CONVENTION. 



405 



Mr. Frick 


Mr. James 


Mr. Rives 


H. R. Green 


Jttdd 


Rountre« 


P. Green 


Kenner 


Shields 


• Harvey 


Kreider 


Sbumway 


Hatch 


Lander 


Simpson 


Hawley 


Lemon 


SineletoB 
J. Smith 


Ueacock 


Linley 


Henderson 


Miller 


Sladden 


Hogue 


Maora 


Wead. 


Huoaaker 


Pace 




Those voting in 


thenegative^ are, 




Mr. Akin 


Mr. Hurlbut 


Mr. Peters 


Allen 


Huston 


Pratt 


AotlersoB 


Jenkins 


Robbins 


Atherton 


Jones 


Robinson 


J. M. Campbell 
T. GjmpbeU 


S. Kinney 


Scates 


A. R. Knapp 


Senrant 


Carter 


N. M. Knapp 


Sibley 


Cburcb 


Knowlton 


Sim 


Constable 


Knox 


E. 0. Smitli 


R. J, Cross 


Lasat«T 


Spencer 


l>aic 


Lanichliii 


Swan 


D. Davis 


Lockwood 


Thomas 


J. M. Davis 


Lo;:an 


Thornton 


• Dawdon 


Loudon 


Trower 


J>eitz 


McCallen 


TurnbuU 


Dnmoier 


Mc Cully 


Turner 


Duiisinore 


McClure 


Tult 


C. &1 wards 


McHatton 


Tnttle 


N. W. Edwards 


Markley 

F. S. D. MarshaU 


Vance 


Graham 


Yernor 


Getldes 


Mason 


Webber 


W. B. Green 


Aiieure 


Williams 


Gregir 


MinshaU 


Witt 


Grimshaw 


N'oifett 


Whiteside 


Hard ins 


Morris 


Whitney 


Harlan 


Nichols 


Woodson 


Harper 


()liv«- 


Worcester 


Hayes 


H. D. Palmer 


Mr. President. 


Hilt 


J. M. Palmer 





The question was taken on the adoption of the 11th section as amend- 
ed, and deciJcd in the affirmative. 

Mr. Log^in moved to amend the report by adopting the following addi- 
tional ctcctions: 

Se»:tion — . County judjre^i clerks, sheriff^, and other county officers for 
wihiil neglect of duty or misdemeanor in office, shal! be liable to present- 
ment or indictment by a grand jury and trial by a petit jury, and upon con- 
viction shil! be removed from office. 

Sec. — . The election of all officers and the filling of all vacancies that 
may happen by death, resi^^nation or removal, not otherwise directed or 
provi:ied for by this constitution, shall be made in such manner as the le- 
gislature shail direct; Provided^ that no such officers shall be elected by the 
legislature, 

8ec. — . The first election for justices of the supremo court and judges 
of the circuit courts shall be held on the first Monday of after the 

adoption of this article. 



Digiti 



zed by Google 



406 JOURNAL OF THE CONVENTION. [August 18. 

Sec. — . The second election for one justice of the supreme court shall 
be held on the first Monday of March, 1^52, and every three years there- 
after an election shall be held for one justice of the suprenDe court. 

Sec. — . On the first Monday of March, 1855, and every sixth year 
thereafter, an election shall be held forjudges of the circuit court?; Pro- 
vided, whenever an additional circuit is made, such provision may be made 
as to hold the second election of such additional judge at the regular elec- 
tion herein provided." 

Mr. Wead moved the following as a substitute for the first section of 
the proposed amendment: 

'*Sec. — . The legislature shall provide by law for what 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 all other offi- 
cers, may be removed from office." 

The question wiis taken and the substitute rejected. 
On motion of Mr. Lock wood, 

The fourth and fifth sections of the amendment were amended by stri- 
king out the word *'March," and inserting the word *'June" in lieu of it. 

Mr. Scates moved to fill the blank in the third section of the amend- 
ment with the word and figures "October, 1848.*' 

Mr. I). Davis moved ''August, 184S." 

The question was taken on the motion of Mr.'Scate?, and decided in the 
negative. 

The question was taken on inserting "August, 1848," and decided in 
the affirmative. 

The question was taken on the adoption of the blank sections as amend- 
ed, and decided in ihe affirmative. 
On motion of Mr. Lockwood, 

The twelfth section was stricken out, and (he following inserted in lieu 
thereof: 

**ror any reasonable cause, to be entered on the journals of each house, 
which shall not be sufficient ground for impeachment, both justices of the 
supreme court and judges of the rircuit court shall be removed from office 
on the \otc of two thirds of the members elected to each branch of (he 
general assembly; Provided, alwai/Sj that no member of either house of the 
general assembly shall be eligible to fill the vacancy occasioned by such 
removal; Provided, also^ that no removal shall be made, unless the justice 
or judge 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 
defenci." 

Mr. r. Campbell moved to amend the same section as amended by ad- 
ding the following: 

'•There shall be elected in each county in this state, by the qualified 
electors thereof, h slicrilF, who shall hold his office for the term of two 
years and until his successor shall be elected and qualified; Provided^ no 
person shall be eligible to the oflice more than once in four years." 

Mr. Wcad moved to amend the amendment by striking out the word 
"two" and inserting the word "four."' 

The question was taken, and the amend. ncnt to the amendment rejected. 
Mr. Akin moved to amend the amendment by adding the following 
proviso: 

Digitized by VjOOQ IC 



August 18.] JOURNAL OF THE CONVENTION. 



4c: 



^^Provided^ Ihdt this convention liereby declare Ihal the people of this 
state are not competent to choose their own officers." 
Mr. Bond mov*?d to lay the proviso on the table. 

On motii>n of Mr. Pratt, 
The main question was ordered. 
The question was taken and the proviso rejected. 

On motion, 
The convention aJjoarneJ until three o'clock, p. m. 



THREE o'clock, P. M. 



Convention assembled pursuant to adjournment. 
On motion of Mr. Witt, 

A call of the convention was ordered. 

The call was proceeded in for some time, when it appeared that Messrs. 
Hunsen, Butler, Canada/, S.J. Cross, Dement, Edmnnson, H. R. Green, 
Grimshaw, Heacock, Hoes, Know! ton, Muthenj, and Webber were ab- 
sent — 13. 

Air. N. M. Knapp moved to dispense with further proceedings under 
the call. 

The question was taken, and the convention refused to dispense with 
further proceedings under the call. 

After some further time spent in the call, 
On motion of Mr. I.cmon, 

Further proceeJin'^sundjr tbe criil were dispensed with. 

The convention resumed the consideration of the report of the select 
o n nittoe of tvventy-33Vj.i on the judiciary department. 

Tne (lu-^stion paiilin^ wii^n the convention adjourn jd tliis morning, was 
on the amendfuent otiered by T. Campbell to tlie twelfth section as 
amended. 

Mr. West moved to amond the amendment by inserting the words 
**four years in any term of six years.'' 

The question was taken, by yeas and nays, on the adoption of the amend- 
ment to the amendment, 



And decided in the negative 



Mr. Anderson 
Arrastrongf 
Bosbyshell 
Brock man 
R. J. Cross 
D. Davis 
Deitz 
Dummer 
Dunlap 
C. Edwardi 



5Yeas, 


47 


S^''^«' {Nays; 


03 


Sirmative, are, 




Mr. Harper 


Mr. Knox 


Hawiev 


Kreider 


Hay • 


Laii^hlin 


Hayes 


McCallen 


Huston 


McCuUy 


Jackson 


McClure 


James 


McHatton 


Kenner 


Manly 


S. Kinney 


Markley 

F. S. D. Marshall 


A. R. Koapp 



Digiti 



zed by Google 



408 



JOURNAL OF THE CONVENTION. [JvguU 18. 



Mr. Mason 


Mr. Shields 


Mieure 


Simpson 
Stadden 


Nichols 


J. M. Palmer 


Swan 


RoflMin 


Thompson 


Servant 


Turner 


Those voting id 


the negative, are, 


Mr. Adams 


Mr* P. Green 


Akia 


W. B. Green 


Allen 


Gregg 


Archer 


Grimshaw 


Bbllingall 


Harding 


Blair 


Harlan 


Bond 


Harvey 


Brown 


Hatch 


Caldwell 


Henderson 


J. M. Campbell 
T. Campbell 


Hill 


Hogue 


Cfiu-ter 


Holmes 


F. 3. Casey 


Hunsaker 


Z. Casey 


Hurlbut 


Caioate 


Jones 


Church 


Judd 


Colby 


N. M. Knapp 


Constable 


Knowlton 


Crain 


Knox 


J. M. Davit 


Lander 


Dawson 


Lasater 


Dttnn 


Lemon 


Dunsmore 


Linley 


Eccles 


Lockwood 


N. W. Edwards 


Logan 


Evey 


London 


Farwell 


T. A. Marshall 


Frick 


Miller 


Graham 


Minshalt 


Geddes 


Moffett 


H. R. Green 


Moore 



Mr. Vance 
Veraor 
West 
Whiteside 
Worcester. 



Mr. Moms 
Oliver 
Pace 

H. D. Palmer 
Peters 
Pinckney 
Powers 
Pratt 
Rives 
Bobbins 
Robinson 
Scales 
Shnmway 
Sibley 
Sim 

Singleton 
E. O. Smith 
J. Smith 
Spencer 
Thomas 
Thornton 
Trower 
Tott 
Tuttle 
Wead 
Webber 
Williams 
Witt 
Whitney 
W oodson 
Mr. Pnrsident 



The question was taken^ by yeas and nay», on the adoption of the 
amendment, proposed by Mr. T. Campbell, 



And decided in the affirmative. 



(Yeas, 
(Nays, 



101 
46 



Those voting in the affirmative, are, 



Mr, Adams 
Anderson 
Archer 
Armstrong; 
Atherton 
Bailingall 
Blair 
Blakely 
Boo4 

Boabyshell 
Brown 
Caldwell 
J. M. Campbell 
T. CampbeU 



Mr. Carter 

F. S. Casey 
Z. Casey 
Ciioate 
Church 
Churchill 
Colby 
Constable 
Crain 

R. J. Cro9S 
J. M. Davis 
Dawson 
Deitz 
Diuuner 



Mr. Dunlap 
Dunn 
Dunsmore 
C. Edwards 
N. W. Edwards 
Farwell 
Frick 
Graham 
Geddes 
H. R. Green 
W. B. Greeo 
Grejrg 
Grimshaw 
Harlan 



Digiti 



zed by Google 



August la] . JOURNAL OP THE COxVVENTION. 



409 



JUr. Harvey 
Haw ley 
Hajes 
Heacock 
Henderson 
Hill 
Hoes 
Holmes 
Hiinsaker 
Htirlbut 
Huston 
James 

N. M. Knapp 
Knox 
Kreider 
Lander 
Lock wood 
Lo^an 
Loudon 
McHatton 



Mr. Akin 
Allen 
Brockman 
J:>ale 
1>. Davis 
Eccles 
Evey 
P. Green 
Harding 
H.irper 
Hatch 
Hay 
Ho|ue 
Joim 
Judd 
Kenner 



Mr. Markley 


Mr. Sibley 


F. S. D. Marshall 


Simpson 


T. A. Marshall 


binicletnn 


Miller 


£. C) Smith 


Minshall 


Spencer 


Moifett 


Stadden 


Moore 


Thomas 


Morris 


Thompson 


Nichols 


Thornton 


H. D. Palmer 


Trower 


Peters 


Tutt 


Pinckney 


Vance 


Pratt 


Webber 


Rives 


Williams 


Robbins 


Witt 


Robinson 


Whitney 


RounCree 


Woodson 


Scates 


Worcester 


Shields 


Mr. President 




Bgative, are, 




Mr. S. Kinney 


Mr. J. M. Palmer 


A. R. Knapp 


Powers 


Knowlton 


Roman 


Lasater 


Servai.t 


Laugh lin ^ 


Shu in way 


Lemon 


Sim 


Linley 


J. Smith 


McCallen 


Swan 


McCulIy 


Tunibull 


McClure 


'1 uriier 


Manly 


Tuttle 


Mason 


Veriior 


Mieure 


Wend 


Oliver 


West 


Pace 


Whiteside. 



Mr. Scates proposed the following as an additional section: 

•'Sec. — • The clerks of the supreme and circuit courts and stale's at- 
torneys shall be elected at the first special election for judges. Ttic sec- 
ond election for clerks of the supreme court ahnV be iield on the first 
Monday of June, 1855, and every sixth year thereafter. The second 
election for clerks of the circuit courts and state *s at torncysw shall be held 
on the Tuesday next after the first Monday of November, 185*2, and 
every fourth year thereafter." 

Tlie 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 what cause and in 
what ihanner 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. £ccles offered the following as a substitute: 

**Thcre 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 



Digiti 



zed by Google 



410 JOURNAL OF THE CONVENTION. [August 18. 

ofliceg for the ternn of four years and until their successors are elected 
and qualitied, 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 12ih section, as annend- 
ed, and decided in the affirmalivc. 
On motion of Mr. Thomas, 

The report, as amended, was referred to the commiftec 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 created 
in this state, &c. reported the following as suitable to be engrafted into 
the new constitution: 

ARTICLE. — . 

BAI^S. 

Section 1. The legislature shall pass no law creating any bank or 
banks, or authorizing the issue of bank paper, and shall prohibit by ade- 
quate penallies the circulation of all bank paper in this stale. 

Sec. 2. The lej^isiature may provide by law that at the expiration of 
ten years from the adoption of this constitution, the qualified electors of 
the state may vote for and against banks; if a majority of the votes so 
cast shall be **/or banks," then this a i tide shall be al)olished; if otherwise, 
then this article shall be in force ten years more, when the same question 
may be ag;iin submitted in the sime manner,and with the same effect. 

Sec. 3. This article shall he separately submitted to the qualified elec- 
tors of this state for adoption or rejection at tiie same election, and in the 
same manner with the amended constitution. If this amendment ^ih.i!! 
receive a miijority of all the votes cast for and against it at such election, 
then the samo sh.ill be ^ome a part of the constitution of this state, an J su- 
persede all other provisions upon the same subject. 

Mr, Manly called for a division so as to vote on each section separat'jly. 

The question was taken, and the convention refused to order a dividioo. 
On motion of Mr. J. M. Campbell, 

The previous question was ordered. 

Mr. Loi;an moved to reconsider the last vote taken. 

The question was taken, and the convention refused lo reconsider. 

The question was tiken, by yeas and nays, on the adoption of the ar- 
ticle, 

And decided in the'negative, )]>j^yg \ \ \ \ (j9 

Those voting in the affirmative, are, 

Mr. Akin Mr. BosbysheU Mr. Carter 

Allen Brockman F. S. Casey 

Archer Brown , Z. Casey 

Arinslrong Caldwell Churchill 

BilliiigaU J. M. CampbeU Colbj 

Blair T. Campbell Constable 



Digiti 



zed by Google 



August IS.J JOURNAL OF THE CONVENTION. 



411 



Mr. Grain 


Mr, McClure 


Mr. Rountree 


R. J. Cross 


McHatton 


Scates 


Dale 


Manly 
Markley 


Shields 


Dann 


Sim 


Frick 


Mofiett 


Simpson 


Henderson 


Moore 


J. Smith 


Hill 


Morris 


Stadden 


Hogue 


Nichols 


Thompson 


Hunsaker 


Oliver 


Trower 


Huston 


Pace 


Tutt 


James 


J. M. Palmer 


Vemor 


Jones 


Peters 


Wead 


Kreider 


Pinckney 


W«bber 


Lasater 


Powers 


Williams 


Laugh I'm 


Pratt 


Whiteside 


Lin ley 


Robinson 


Mr. President 


McCuUy 


Roman 




Those voting in 


the negative, are, 




Mr. Adams 


Mr. Harvey 


Mr, Mieure 


Anderson 


Haich 


Miller 


Atherton 


Hawley 


Minshall 


Choale 


Hav 
Holmes 


H. D. Palmer 


Church 


Rives 


J. M. Davis 


Hurlbut 


Robbins 


Dawson 


Jackson 


Servant 


Dcitz 


Judd 


Sharpe 


Dummer 


Kenner 


Shumway 


Dunlap 


S. Kinney 


Sibley 


Duns more 


A. R. Knapp 


E. 0. Smith 


Eccles 


N. M. Knapp 


Spencer 


C. Edwards 


Knowlton 


Swan 


N. W. Edwards 


Knox 


Thomas 


Graham 


Tiandei: 


Thornton 


Geddes 


Lemon 


Turner 


H. R. Green 


Lockwood 


Tuttle 


P. Green 


Logan 


Vance 


W. B. Green 


Loudon 


West 


Gregg 


McCallen 


Witt 


Grimshaw 


F. S. D. Marshall 


Whitney 


Harding 


T. A. Marshall 


Woodson 


Harlan 


Mason 


Worcester. 


Harper 







Oa motion of Mr. Servant, 

The report of the committee on Commons was taken from the table for 
consideration. 

The question was taken on t[:e adoption of the article reported by that 
committee, and decided in the affirmative. 
On motion of Mr. Servant, 

The article was referred to the committee on the Revision and Adjust- 
ment of the Articl