Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1850-10-30
From the Indiana Journal Oct 23rd.
Proceedings Of the Constitutional
Convention.

From the Indiana Journal, Oet. 23rd.
Proceedings Of the Constitutional
Convention.
Monday afternoon. Mr.. Pettt's resolu-
ton instructing the committee on the or
ganlZafion OF courts Of justice TO report
provision abolshing the grand jury, and
substituting public examinations in lis
place came up for discussion. Messrs.
Anthony and Nave supported the resolu-
ton. and Messrs Rariden. kclso. Garter
and Wallace opposed il. while Mr.. Iiol-
man, Of Dearborn. though, it would be
better that the Constitution should be ST.
lent on the subject. leaving the matter
open for unfet,ered Legislation.
Yesterday. the debate was continued
through the whole day. Mr.. Penit open
cd in an elaborate speech, an hour and
three quarters in length. IN defence OF ms
resolution, and was replied to by Mr.
Newman, Of Wayne In the afternoon
Mr.. Gibson Of Clark. and DIR. Clark. OF
Tippecanoe. spoke at length against the
resolution Mr. Petit modified his prop
osi,ion so that after five years, the Legs
laiure should have power to re-establlsh
Grand ures Mr. Holman moved to
amend. in accordance with his views. as
TO above, and Mr.. Bascom moved TO
change the character Of the resolution
from an imperative one, to one Of enquiry.
Judge Biddle, one Of the abest speak.
ers of the Convention, has the floor TO
open the debate this morning. and the
discussion will doubtless continue during
the entire day.
yoI ofn y
At the last August election, in the Coun-
" of Union, Benjamin +. Brookbank. the
Wing candidate for Representative Del
egate to the Convention, was returned
by the Board Of Canvassers as elected
over James Osborn an old politician and
Repres entative Of that County, who was
nominated on a coalition ticket presented
by the Democratic and Free Soil lead
ers, but which, was repudated by many
Of the rank and file Of each Of those par
ties Mr. Brookbanl' = alority GER
tilted by the Board TO be TWO, and the
Clerk accordingly gave him the certificate.
Subsequently, Mr.. Osborn contested his
election, and at his solicitation, the Board
were called together again 10 recount the
ballots. This recount, much to Mr.. Os-
born's chagrin, increased Brookbonk's
majority 10 FoUR-the ballots in one
township giving him two more votes than
appeared on the tally list. Just as in this
County, last August, when Mr.. Talbot
contested Mr.. Wright's election as Treas.
urer the recount in one Of the townships
actually increased Mr. Wright's vote some
two or three votes; thus, as in Mr. Brook
banks case, increasing his majority.
Mr.. Osborn, however, continued his
contest, hoping for success from the Com
vention But the Committee on Elections
day before yesterday unanimously re-
commended a re submission of the qucs-
ton, between the contestor and the con-
testee TO the people. The purport Of
their argument was as follows: Dismiss
ing, very properly and unanimously. the
mere, petty matters of form set up by MIR.
Osborn, such as the returns of one town
ship being made few minutes after four
O'Clock, and Mr.. Brookbank having been
voted for by different initials. they decln-
ed counting the two extra votes found on
the recount made at the contestor's de-
mand for Mr.. Brookbank. on the ground
that it appears there were two more votes
in the ballot box than there were names
on the list of voters. They then threw
out another vote on the ground of illegal
ity, and another, because the voter erro-
neously placed the name of Brookbank
under the head of Senatorial instead OF
Representative Delegate. thus making
tic. motion was made TO amend this
resolution so tina, Mr.. Brookbank should
retain his Sc at; and though many Wings
voted against it. desiring to keep out po-
litical discussion, and deemng it prudent
that the report of the Committee should
be sustained. yet, it is significant that
screen decided Democrats voted in favor
Of Mr.. Brookbank S clear right to his seat
Mr.. Foley. DR.. Foster. Holman. Kendall
of Wabash, DR.. Mcfarland. Nave. and
Steele
We differ with the committee on two OF
the three points upon which they decided
against Mr. Brookbank' continuing in
his seat The illegal vote we feel clear
they decided rightly against him. But
the two additional votes found for him on
the recount of the ballots made at Mr.
Osborn's demand should. it seems to US.
have been counted for him Just as two adj
di,ional votes. if found for Mr.. Osborn.
would have been certainly counted tor
that gentleman. The fact that there
were two more votes in the box than in
the voters list, only shows very possible
and often occurring omission in that list
DN lHe cieih>s OF u tnere were really Two
extra votes among the ballots. is II MOI
more likely one OF them was cast on eaci
side than that both were for Brookbank
The evident intention as the Statute saws
..of the office intended hv the voter whC
cast his ballot for him enormously for no
different kind Of office. but fer a mem
Der Of his Convention. only mistakenl,
naming him Senatorial instead of Rep
resentative,' was that Mr. Brookba
should represent him in that body. The
election board therefore. we think. acte,
right originally in counting the ballot 70
him. and the committee incorrectly IN re
icctins it. II it were counted for him
they could not but report in his favor. &c
cordiny 10 their aruuments and Positions