Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-11-21
Constitutional Conrention.


adopted, as TO the expediency OF clause in the
Constitution requiring all legal give satisac
tory evidence inspectors OF elections OF having paid
State county or poll tax within two years preceding
such application to for State, county township
officers.
Mr. SHERRoD agrecably 20 previous notice now Of
fered resolution limiting the speeches Of Delegates to
thirty minutes original propostons and ten minutes
amendments wheneAir. WATTS proposed to add-'un-
less hy leave of the Convention = which accepted 10y
the After discussion as to the propriety of the
measure the resolution, motion oil Mr.. GRAHAM OF
Warck, laid upon the table, ayes 62, noes 52 MIR.
KINLEY, presented petition against provision in the
Constitution preventing Negroes emgratng TO the State,
holding property and giving evidence against white men
laid on the table
/ Mr. MoRRIsoS of Washington from the committee
education reported against the expediency OF inves
State should be Jeff free make the best investments of
said funds that future circumstances might suggest
which was eoncurred in.
The sections in relation to Imprisonment for debt trial
bv Jury and the last under consideration in relation
to property taken by corporations were ordered to be
engrOssed for thIrd reading, Monday next
Previsous to enoroSsment Mr.. LocKHART said, that
the section about be engrossed far superior
to what it when it from the committee; but
that il was yet radically detective As it is, any
pablc work It matters not how trivial, or how impor
tant might be retarded for indefnite period By
the provisions Of this section il is made imperative
on any railroad or plank road company other corpo
ration that may desire construct any pnblic work
through any tract Of land that the damages shall first
be assessed and paid or rendered to the owner In ma
ny cases tender conld not be made without great
pense and vexatious delays. Suppose the
side in New York Boston Liverpool, the company
must hun him up and pay him, or tender payment 1t
sometimes happens too, that the is incapable Of
receiving pay In such eases neither payment or ten
der would be Of any service he therefore offered the fol-
lowing amendment be added to the section:
'Prorided That the thereof shall BE-
den eme corcrt infant idiot or lunatic, in any way
from trnsaetnr business it shall be deem
auit fpular Mt TO nay
amount Of such assessment into the clerks Office OF the
circuit of the proper county, for the use OF the
owner Pr0ri8ei further, That either party to such
sesSment shall have the right of appeal under such re-
strctions and limitations the Legislature shall pre-
scribe.
By adopting the amendment, he proposed the section
would read that ~ No mans particular services shall be
demanded without Just compensation. No mans prop
ery shall he taken without compensaton nor, except
in of the State without such compensation first
sessed and rendered to the Prorided, That if
the owner thereof shall be nonresident, feme cOre,
infant, idiot or unatc or in any way ncapacltated
from transacng business, it shall be deemed and taken
valid tender payment to pay the amount Of such
assessment into the clerks Office of the circuit court OF
the proper county. for the of the Provided,
further That either party such assessment shall have
the right of appeal under such restrictions and limitations
as the Legislature shall prescribe"
Blr l.. continuing said, It seemed TO him, that no
proposition could he palmer than that the Convention
should adopt this amendment, else back TO the
amendment offered by the gentleman from LapOrte (Alr
Nles.) That amendment, he thought preferable to any
vet proposed. He begged To assure the Convention
that in proposing this amendment, he did not wish to
retard its action his only aim make the section
as palifable as possible The amendment was not
adopted.
The section prohibiting Negroes from coming into or
settling in this State, and prohibiting Negro Ma
latO from purchasing acquiring real estate, hereafter
being under consideration Mr. HOWE moved to add the
section, provision that shall be submitted to sepa
rate vote Of the people Mr. HOWE cont nded that the
section contrary to the genius and spirit OF our ns
tutions, and hetter fitted despoc government than
this free country and he trusted If the section had to be
adopted that il should be referred 10 separate Of
the people. He contenied that the section would be
contrary to tie Constitution of the the United States
which declares that the citizens OF each OF the States
shall have the R9t to emgrate to the Others and Me-
goes, in o the States citizens; hence the
ton only in opposition TO natural rights but To
guaranteed rights, secured by the Constitution OF the
United States At the Gloss of his remarks he with
drew his amendment and moved to strike out the section
Mr.. GREGG then moved to insert the following: That
the general great and essential principles O liberty and
free government may be recognized, and unaeraby cs
tahlshed: declare that all men born equally free
ana independent and have certain natural lnherent and
unaienable rights, among which the enjoying and
defending life and liberty and OF acquiring possessing
and protecting property and pursuing and obtaining ha
piness and saety Mr.. GREGG, opposed the provisions
of the section, in speech OF considerable length, in
which he conended that they not only opposed to
humanity but were at with the spirit, ii not the let
ter OF the Constitution OF the United States He also
danger the adoption Of the Constitution by the people,
10y arayng not only ali the aboonsts but many Others
who like himself, had never fraternized with them
against it. Mr.. READ Of Monroe, entered into in
vestigaon of the Constitutional question raised by
Messrs- Gregg and Howe, and introducedin the
of his remarks of legislative and judicial au
horty to prove that Negroes WERE and never
he considered citizens v the Constitution OF the United
States. He remarked, that the section reported,
might be considered harsh; but he believed that the
true interests OF the blacks, well as the whites de-
manded separation. provision was wisely intro
duced into the colonization plan IN Liberia, which pre-
vented the emigration Of whites that Republic. Mr.
HALL moved to amend the section originally reported
50 that Negroes and AIuatoes hereafter emgrang te
the State shall be prohibited from acquiring real estate
Before any action had said amendment the Con-
ventlon adjourned.
In the afternoon the section prohibiting negroes and
mulattoes from acquiring real estate. &C., again
taken nr-tbe pending question being on Mr.. HALLS
amendment which not adopted. Mr.. THORNTON
then moved to strike the words otherise acquir-
ing, and insert the word holding" BY his amend
ment, Mr.. THORNTON said negroes and mulatoes
would be prevented from purchasing receiving proper
ty by gift but might receive it by descent. Mr. GIB-
SON was IN favor OF striking out the words 'oherwse
acquirir. $50 that would prohibit any negro mu-
ato from purchasing real estate hereafter He did not
wish to interfere with property obtained by descent
With this amendment he hoped the section would pass.
Mr.. GIBSON then, in speech of considerable length
gave detail of the of other State around Indiana
who were prohibiting negroes from entering their
borders, and the duty Of Indiana, in sclfdefence,
to pass prohhitory laws. In his own county there
was population of more than two thousand me-
groes That during the last year more than three
hundred had come to the county, and in some parts
Of it, in consequence Of this settlement landed property
had fallen 10 onehaf its former value. He agreed with
the gentleman from Jefferson (r Gregg that the pro-
vision in the Constitution OF Kentucky which prevents
emancpated negroes from remaining the State,
an odious provisions but which the people Of
that State could never enorce prohibory laws should
be passed here. If do prohibit this population
that provision will drive them to our borders. Gentle
had held threats that the Constitution would