Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-11-21
MDIANAPoLIs, THURSDAY, NOVEMBER 21. 1850.

advanced in reference to the emigration of negroes to
this State, and in favor Of the right prohibit. MIR.
THORNTON modified his propositions TO prohibit
negroes from purchasing real estate hereafter Mr.
MILLIGAN moved amendment; which not adopt
ed. The question then taken on Mr. THoRNToN's
amendment and decided in the affirmative. Mr. TERRY
then moved to amend, as TO prohibit negroes from
purchasing property who had emigrated to the State
since the first Of January 1850; which, motion of
Mr.. BAscoN, was laid on the table. Mr. MILLIGAN
moved to amend by striking General Assembly at
Its first session., and inserting that "the Legislature
may whenever the public interest shall require pass
prohibitory laws, &C. Mr.. CooKERLY moved that the
amendment be laid upon the table, which motion pre-
vailed, ayes ST. noes 80. Mr.. McCLELLAND moved to
amend, by striking out much prohibits the pur-
chase of property. Mr. GIBSON moved that the amend
ment he laid upon the table; which motion prevailed.
ayes 76, noes &c. Mr. HoGIN moved to amend so that
the Legislature shall pass such laws, in reference
grses and muattoes, they may deem expedent, and
striking ont the balance of the section. Mr. CoLFAx
now in speech of considerable force and eoquence,
called upon Delegates to pause. they permitted
section like the under consideration to be adopted
1t going further than some o the slave States had
in their Constitutions and he hoped that the evils
experienced by the counties in the southern part oil the
State. bordering the Ohio river from the black popu
ation would drive them such an experiment So
much at war with humanity. He continued his remarks
considerable length, in reply to gentlemen the
other side of the questions at the conclusion of which
the Convention adjourned
WEDNESDAY, NOVEMBER, 49, 1s50.--The Conven,
ton was opened bv prayer, by the Rev Mr.. CRARY.
On motion of Mr. READ of Clark, the previous orders
of the day suspended and the section providing for
the election of Secretary, Treasurer and Auditor of
State-Xing their terms of service at two years and
that they shall only be eligible four years in any term of
six years-was read third time and passed by vote
of-aves 90, noes Z.
The Convention resumed the consideration of the
ton prohibiting Negroes rom holding property, Scc.
Mr. HoGrN's amendment was laid on the table Mr.
~ coid bP Wilt tn EOr In
Of prohibiting Negroes from coming into the State
believing il to he the will Of his constituents hut was
opposed TO interfering with the rights of those now here
He therefore moved to add the following proviso: PRO
rided That nothing herein contained shall be so construed
prevent any Negro Mulatto, residing in this
State, from holding real property as heretofore" Mr.
GIBsoN moved that the amendment be laid on the table
which motion did not prevail-ayes Al, noes OF. Mr..
GIBSON in order to render the amendment of Mr. HALL
definite moved insert the words ''or purchasing -
He would vote against his amendment; but he
wished the definitely settled 50 the purchase of
property MIR. PETIT said, he would vote or the prop
oston, prohibiting Negroes from coming to the State
believing ii TO he the interest of both that they
should he kept separate He proceeded TO draw argu
ments from sacred and from prolane history, both
cient and MODERN prove the entire futy of efforts
TO ANAL alGamate the two races He would vote for the
provision to exclude Negroes from coming to the State
without any feelings of regret or mock sympathy be-
he wished make it their interest to 90 Libe
ria where they might enjoy equality of rights. But
should they be permitted TO amongst us; in the
case of those here he would rather encoura than
discourage them from acquiring property They would
he better population, by keeping this incentive before
them They would stand idly by, and see the flames
kindle, in and villages they might do, even
with rejoicing, should they be prohibited from holding
property.
der the following sections taken under consdera
tion to-wit:
SEC =. Women hereafter married in this State, shall
have the right acquire and possess property their
l. l.
them under equitable conditions all property real and
personal, whether owned by them before marriage or
acquired afterwards by purchase gift devise, descent
in any other way and also, providing for the regisra
tion OF the wlfes separate property.
SEC. =. Laws shall be passed securing to women
married, the right all property hereafter acquired by
them, in every case in which such married women, in
conjunction with their husbands shall file for record in
the recorders office of the county in which they reside
declaration duly atested expressing the desire OF the
parties to como under the provision of such laws.
Mr. OWEN having the floor, proceeded in a speech at
length in favor of the sections. He gave history Of
his legislative this questions thirteen years
ago. when he obtained the present provision on
statute hook, which attacked at the time, by
of the most distinguished lawyers of the State in
novaton that would uproot society He then proceed
ed urge objections against the present statute in rela
ton widows where there heirs and the severe
hardship that the whole property with the exception Of
pttaEce or life estate shall descend to the deceas
ed husbands relatves in many instances to remote
connexions such aunts and cousins. He then urged
objections, where there are heirs As Mr.. OVENS
speech will be published at length hereafter, will be
unnecessary TO give synopsis here. In the course of
his remarks he introduced extracts from letters received
by himself thirteen years since from Chancellor Kent
and Judge Story sustain the provisions he advocated
He also produced the Constitutions of several States
cluding California, the last one adopted to the
point He concluded by saying, that the adoption of
such provision would be hailed by hearty welcome
from the people.
Mr.. HADDoN was member of the committee that re.
ported the sections. He in favor of their pro-
visions; but had made objections, well knowing ii
was a lavorite subject with the honorable Chairman
(Mr Owen) He had now heard all his reasons, and he
still objected to the provisions. To carry out the prnc
pie conended for fully would lead to the right of repre-
sentaton. He thought the law provisions were
sufficient, and the change contemplated might lead to
alliances of the rich only with the rich and the poor with
the poor in the married relation He then spoke of the
evils that might arise under division OF property, and
the discussions that would be created thereby, In fam
lies Union of interest was the strong bond that untes
families together. Mr.. HOLMAN moved to amend, by
striking out the sections and inserting provision, that
'severy married woman shall have the right TO the
elusive and benefit of all real estate and every inter-
therein Of which she may be seized possessed at
the time of the marriage, or OF which she may become
seized possessed any time during the coverure by
devise descent IN any manner other than by gift
from her husband in fraud of third persons and laws
shall be passed eectually securing to the wife equit
able principles the use issues and profits of her separate
property and Just interest in her husbands estate in
the of the dissolution of the marriage contract by
the death of the husband or otherwise"
Mr. CLARK, Of Tippecanoe, contended, that as hus-
band and wife recognized one, both under the
Christian and common law-he not for creating d-
vision, which would separate interests. 1t re-
qures in instances in this country, the joint ef
forts Of both husband and wife 20 subst and educate
their children. The law might answer the purpose of
the wealthy England, where, in fact does exist in
practice amongst that class OF population. The inter-
Of the wealthy husband and wife in that country
separatethey have separate houses and separate estab
ishments, and they join together in the marriage rea
ton in many instances merely TO perpetuate property