Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-11-07

OF the business necessarily belonging that
partment Of the government. He thought the yeas and
nays required the final passage Of bill, would be
sufficient remedy for the evil complained of. But the
objection which he referred to insuperabe, that the
principle of the resolution would enable actous minor
ity to defeat the will of the majority.
Mr.. SHOUP said, that he was opposed to the amend
ment because resolution OF inquiry could give no
assurance TO the Convention to what the committee
would make of it and the whole ground of debate would
have TO be gone after the report in. But the
Convention could decide upon the amendment, as
he believed they would ultimately adopt the principle OF
this resolution. He supposed that would lie of
the results of the abors of this Convention abolish To-
cal Legislation 10y the General Assemby and if So the
rights Of the people could not he represented unless the
voice oil the majority were heard IN enactment OF every
law. Then, especially, II would be the duty OF
every representative to be in his place 1t right
that full and fair expression of the will of the people
should be heard and it democratic that the major
ty should govern He hoped constitutional pro-
visOn that hereafter every law of the land shall be
acted by majority of the representatives oil the people,
Mr.. RITCHEY said he thought this very impor-
question, and he himself prepared upon
it at this time. But If members had not thought suff-
eienty upon the subject make mp their minds, he
would be glad to afford time to such by postponcment
of the subject. He thought that of the principal
which induced the people toca this Convention
was that there might be up a constitutional check
upon the Legislation of the State. 1t universal
complaint that the State had too much legislation But
that not all. 1t really that reflection and
prOprety did not always mark the action of the Legs
laure. In reply to the gentleman from IippecanOe,
(Mr. Clarke who contended that the adoption of this
principle would put in the power OF actous minor-
ty defeat the will of the majority he prepared to
admit the fact and all the force of the objection and still
he would put the principle into the Constitution They
had how minority of the Legislature of the State
Of Ohio had defeated the will of the ority, and If the
minority othe Legislature ohe State o Indiana should
any time proper to take such responsibility upon
themselves. and stop the wheels of Government, he
would say, let them do it hut he would take to
make that responsibility great and crushing that
would be willing take upon his shoulders. He had
been here during session after session of the Leg
ature and witnessed the passage of the when
the yeas and nays could not be called npon for want o
quorum, and business of the character had been
passed in this way-all this he had himself and
fe and he had demonstrated in vain against its manifest
injustice.
He hoped the new Constitution would require the a
rmatve ofa majority of all the members elected
to both branches of the General Assembly before any
measure could have the sanction Orlaw. He commend
ed the subject to the mature reflection OF the body Ii
should he passed upon without reflection. Whether
il to the committee resolution of inquiry, of
instruction. he cared not and he cared very little wheth
CT it decided upon hereafter. He had spo
ken merely because he desired direct the attention of
gentlemen to the importance of the subject.
Mr.. NILES said, he earnestly hoped that the amend
ment proposed bv the gentleman from Switzerland (Alr
Kelso) would hot be adopted, for the reason Gas 1t
cured him that its tendency would be TO suppress
the freedom of debate and discussion. 1t seemed plain
TO his mind that it would he giving the widest latitude
debate to take up for consideration all important ques
course insistupon decision once; definite action
might be postponed from day day. He thought
discoureous toward the of the resolution thus
attempt to silence him entirely, by changing the whole
character of his proposition, and referring it
matter of inqury-taking away all its vitality in fact
for the committee knowing the subject have been in
agitation, would consider of it in their room. whether
submitted to them in the form OF resolution of inquiry
or not He considered such motion no less dscourte
than motion lay finally upon the table post
pone indefinitely With reference to this proposition, he
hoped it would be disposed of in this summary
ner, for he deemed it matter of the highest moment
He spoke confidently with reference to his portion of the
State when he affirmed, that there one subject
upon which the opinion of the people more decided
and unanimous, than that all practicable Constitutional
checks ought be placed upon nconsderae and hasty
legislation. At the proper time-even then, fit
In Order-he would submit amendment to the effect,
that Tor the passage OF law, not only should the affirm
atve vote of majority of all the members elected to
each branch of the General Assembly be necessary
and that the yeas and nays in every should be
qured to be entered upon the Journals thus holding
responsible for his acts but that law Oint
resolution should in any case, be passed until had
been three times fully read three several days IN each
house. He confident that such the sentiment
and wish of the people in his part Of the State and he
deemed 1t as important and as necessary indeed as any
other provision of the Constitution
/ As the gentleman lrem johnson (Mr. Ritchey) had
Intlmated and they all could upon the examlna-
tOn OF the journals of the General Assembly bills oil the
important character often passed in day.
and frequently in the of five minutes, without hav
ing been once read through, perhaps ten members
knowing their purport, and perhaps without vote in
the affirmative of more than oneourth of the members
elected. Ii bv means of snch system OF legisa-
ton that the Statute Books had been encountered with
not merely useless, but bad laws 1t was, in fact,
by means OF such method oil Legislation, that at one
time they had established an insurance company which
directly became bank and that another time pccu-
liar privileges were gwen tn one railway company
which the very next day would be denied to another
Indeed, 1t was, in small degree, by means OF such
legislation, that the volume OF local laws had been
tended and enlarged to its present unweldy dimensions
The gentleman from Tippecanoe (Mr. Clark had allu-
ded to the inconvenience and occasional evils which
would incidentally grow out OF such stringent rules
But that gentleman should recoect that such evils
only of negative character. which the people them
selves could remedy When factious legislators, who
by combinations Of mnorities had defeated wholesome
legislation should 90 home their constiu
ents, they would be back the part
again. But when, by hasty and indlscrimnatc leeisla
tun, peculiar and unreasonable privileges were granted
to private corporations Individuals what still
worse. when inudcious public legislation adopted
thenit would he direct positive and serious injury, anc
the remedy not so easily applied.
He should 90 into discussion of the main sub
ect this mornings he would, therefore, merely repea
the earnest wish his part, that debate would not bc
suppressed in this wav and that the character of the
resolution would not be changed but left in the form sub
mited by the mover He felt confident that this wa,
the method of ecitng the sentiments Of the Con
venon, and learning from each other the wishes OF he
constituents
Mr. EDMoNsToN said, that he should vote agains
the amendment Of the gentleman from Switzerand (Mr
Kelso) He thought the present was the proper tlm
to discuss this He confessed that he could
see how the adoption Of this principle could remedy th
bad legislation spoken Of by the gentleman from Lapore
(Mr. Niles.) 1t certainly could not operate AM
check upon the power of the Legislature confer excu
sive privileges upon corporations or individuals.
could prevent the same combination Of interest
which had heretofore procured this kind of legislation
nor could anything prevent such legislation, while tn
Constitution continued TO sanction the practice of oca
-. H..
ited-et the Legislature pass only general corporatio
laws granting equal rights and privileges to all compa