Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-11-14
Constitutional Convention.

opened by prayer, by the Rev. Mr.. Grassy.
The Speaker laid before the Convention commune
cation from the Secretary Of State, relation to the Uni
ted States census stating that the Marshal had not
ceived returns from all the counties, but expected to
ceive them about the first Of December He had recev
ed returns from few of the countless the county Of
Boone amongst the others which contains IL 629 nhab
itants This being medium county, under fair caicu
laton Of increase, would give the State population Of
I,O46 61O. Mr.. THORNTON presented petition from
certain colored persons of Floyd county, praying the
right give evidence the white persons in GER
tain cases; laid upon the table.
Mr. PETIT, from the committee on the organization
Courts of Justice reported the following sections:
SEC =. The judicial power of this State shall be
vested in one Supreme Court in Circuit Courts, and in
such other inferior the General Assembly may
establish.
SEC. -. The Supreme Court shall consist of five
Judges, three Of whom shall form quorum, who shall
hold their Office six years. if they shall long behave
well. The State shall be divided into i've Supreme
Court districts OF contiguous territory nearly equal
in population may be; but county shall be divided
in the formation Of said districts; and Judge shall re-
side and elected by the electors of each district
SEC =. The Supreme Court shall have jurisdiction in
appeals FROM and writs of to- the Circuit and 9TH
er Courts in such shall be prescribed by law
and such original jurisdiction as the Legislature may
confer upon it.
clerk who shall hold his Office for six years if he shall
so long behave well and whose duty shall be prescribed
by law.
SEC There shall be a reporter of the decisions of
the Supreme Court, appointed by the same, and re-
movable at its will but Judge shall be allowed to
report the decisions OF the Supreme Court.
SEC. :. The Supreme Court, shall appoint its own
sheriff. who shall perform such duties may be requr-
SEC - The State shall be divided into at least
twenty circuits and Circuit Judge shall be elected by
the electors in each circuit, and shall reside therein and
shall hold his Office six years if he shall long be-
have well.
SEC =. The Circuit Court shall be composed of one
Judge only, who shall hold at least three terms every
year each county his circuit and shall have such
civil and criminal jurisdiction may be prescribed by
law.
SEC = The Legislature may provide by law that
the Judge of Circuit may hold the OF another
Circuit, in cases of necessity convenience
Sec. There shall be clerk of the Circuit Court,
elected by the electors in each county, who shall hold
his office six years, if he shall long behave well
and who shall perform such duties may be prescribed
/ by law.
SEC = There shall be a competent number of JUS
of the Peace elected by the electors in each Town
Office five years If they shall long behave well whose
powers and duties shall be regulated and defined by law
SEC. =. All judicial officers of tins State, shall be
cOnservators Of the peace in their respective urisdc-
tions.
Mr. PETIT, on behalf of himself and Mr.. M'CLEL-
LAND also presented the following sections, minor
ity report, to-wit:
SEC. :. The Supreme Court shall consist of five
Judges, three of whom shall form quorum, who shall
hold their office six years if they shall long behave
well. The State shall be divided into five Supreme
Districts of contiguous territory nearly equal in popu
lation may be; bat county shall be divided in the
formation of said Districts and Judge shall reside in
each District but they shall all be elected the
time, by the electors Of the whole State.
Sec =. There shall be Clerk of the Supreme Court
elected by the electors Of the whole State who shall
hold his office six years if he shall long behave well
and whose duty shall he prescribed by law.
Mr. NAVE dissented from the report of the majority in
regard the appointment of clerk being favor of his
election by the people of the State also from the feature
which gives the Supreme Court original instead of
peate jurisdiction.
Mr. NILES dissened from the report of the majority
in relation to the appointment of Clerk of the Supreme
Court. He in favor Of the election of that officer
by the people In other particulars he agreed VITA the
majority.
Mr.. TERRY, from the same committee, reported the
following sections:
SEC There shall be elected by the qualified electors
duties shall be prescribed by law and shall hold his of
flee for four years. azd until his be elected and
qualified.
SEC = There shall be elected in each Judicial Cir.
cult by the electors thereof, Prosecuting Attorney
who shall hold his Office for two years. and until his
cessor is elected and qualified
Mr.. GRAHAM of Warrick, from the committee on the
right of suffrage, reported the following section:
SEC =. No Negro or Mulatto shall have the right o.
suffrage.
Mr. OWEN reported back the section according to In
sructions the subject of Imprisonment for debt
as to read: There shall be no Imprisonment for debt
except in eases of fraud !" which was concurred in
This settles that question.
The Convention then resumed the consideration of the
section in relation taking property, without compen
sation being first assessed and rendered Mr. KILGoRE
in favor of paying damages; but he difficulty
in requiring payment tender of damages before the
property taken. Suppose bridge of railroad CT
lock of canal destroyed would it be right wait
until tribunal should assess the damagesl Would j,
be right stop the work until all the forms of law
should have been gone through withl Mr.. PETIT
no difficulty. The process would be simple A
corporation would only have place money in the hands
of its agent who could buy and pay for timber other
materials wanted Mr.. KILGoRE still saw difficulty
because exorbant demands might be asked for proper
ty, occurrences which frequently happen and which
would result greatly the detriment of the public in
terest by delay and otherwise. Mr. MORRISON of Ma
ron was still in favor of the section in its original form
He thought the suggestions of the gentleman from Tip
pecanoe, Mr. Pettit) would answer all arguments ad
vanced He gave examples Of the hardshps that might
be incurred, if property taken without fall compen
sation being paid before taken. farmer might have
valuable lot of timber reserved for particular objects
and which, if taken, would be Of immense injury to him
and for which he would altogether fail to get remunera
ton if there should be delay of payment Mr. Murray
would give experience that had within his OBJ