Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-01-09

by striking out the words grant extraordinary prve-
ges and insert, nor grant any citizen class OF cit
LIENS privileges and immunes which, upon the same
terms shall not belong equally all citizens" He said
this amendment intended to prevent what might be
called class legislation 1t had no reference to charter
ed companies nor to State Bank should such an nsti
tuition be established He had read the amendment
several legal gentlemen who had approved, of it.
Mr. Borden moved to strike out the words ''ctzen"
and ''citizens" and insert inhabitants" He oppo
sed to excluding the coored population from the benefits
of the amendment.
Mr. Badger moved to lay the amendments upon the
table.
A division Of the question being called, Mr. Bordens
amendment laid upon the table. On the question
of laying Mr.. Reads amendment upon the table,
decided in the affirmative, ayes 80, noes 50.
Mr.. Ratsdcn contended that the amendment would in
teriere with the exclusive right to keep ferries, sc,
Mr.. Davis of Madison moved to amend the amend
men, that the sectio shall not be construed to pre-
vent the Legislature from establishing State Bank.
Mr. Butler moved that the amendment to the amend
be laid upon the table; which motion did pre-
vail, ayes 90, noes 3d.
Mr. Walpole moved to commit the section to the COM
mittce rights and privileges Lost.
Mr.. Rtchey said, he afraid there something
covered up this amendment generally understood
Mr.. Mather moved the previous question: which being
sustained put on the adoption of Mr.. Reid of Mon
roes amendment and decided in the Affirmative ayes 50,
noes 90.
The section was then ordered to be engrossed
The President laid before the Convention a commune
cation from the Governor Auditor and Treasurer Of
State, stating that the agreement for the Hail was for
the day time only II occupied by tho Convention at
night there would be an extra charge.
The Convention then adjourned
"WEDNESDAY, January /, lS51.-The Convention was
opened by prayer by the Rev. Mr.. Steele
Mr.. Pepper of Ohio, from the committee military
affairs, reported back series of sections amended so
provide for the organization Of the militia
regiments and battaons and for active and sedentay
militia.
The sections ordered to be engrossed on yesterday
tha a. ri linz
The section in relation 10 bes was re-eommittcd
for amendment in order to make it more definite.
Mr. Allen moved to ecommit the Sth section, in
ation writs of habeGs corpus with instructions to
strike out and insert
'No person, unlaWfully imprisoned or restrained of
his liberty, under any pretencc whatever, shall be
deprived of the right of being personally brought before
some tribunal or officer, for the purpose of having the
cause of such Imprisonment restraint enqurcd into
and justice done in the premises"
Which motion did not prevail, ayes 45, 60.
Mr.. Milroy moved TO re-commit the 9th section, with
instructions to add-the penalty of death shall in
case be inflicted"
Mr.. Borden moved to amend, Except it be for COOL
deliberate, and premeditated murder7
Mr.. Borden advocated his amendment, and Mr.. Keso
opposed capital punishment in all eases; when,
On motion of Mr.. Howe the section and amend
ments were made the special order for next Friday
week.
Mr. NIilroy moved to re-commit with instructions to
srtike ont the 10Th section and insert that ''no person
shall be restricted in the right carry visible arms"
The section, he believed, gave license carry conceal
ed weapons lost.
Mr.. Niles moved to rc-commt, with instructions to
amend insert the provisions of the present Con-
stitution which motion prevailed
The section in relation titles Of nobility and class
legislation, up in order when
Mr.. Nave moved 10 reconsider the vote on the en-
grossment of the section. He looked upen the Ian
guage of the section extremely Objectionable. 1t
might be liable to the objection, that persons being
torized to keep ferries and construct plank railroads.
Of having their profits divided amongst all other cit-
zens. This might be violent presumption; but he be-
leved II attack upon every company that might
be incorporated in the State.
The vote then reconsidered ayes 80, noes 81
MIR. Hall moved to strike and insert that 'the Le
eslature shall grant any title of nobility or hered
tary dIstncons'-the words of the present Constitu
ton.
Mr.. Dunn Of Perry moved to lay the amendment upon
the table, not carried, ayes 43. ~.
! Mr. Berry moved to amend the amendment bv adding
-"nor grant any extraordinary privileges" which was
adopted.
The amendment, as amended, was then adopted
] The section was then ordered to be engrossed
The several other sections ordered be engrOssed
yesterday, were passed.
The section providing that the Legislature shall create
Office the tenure of which shall be longer than FIVE
years. was read a second time; when
Mr. Read of Clark moved to except pilots at the
falls; laid on the table,
Mr. Mlligan moved to strike out 'fye" and insert
''lour"
Mr. McCleand proposed ''three years; )" laid on the
table.
Mr. Dunn of Jefferson proposed--ssnot exceeding
six years. laid on the table, ayes 63, noes 90.
Mr. Smith of Ripley proposed "two years not adopt
! Mr. McClellands amendment was then adopted, and
the section ordered to he engrossed.
Mr. Read OF Monroe moved to amend, by adding the
following section:
'The Legislature shall not grant to any citizen or
class OF citizens, privileges and immunes, which, upon
the same terms, shall not equally belong to all citizens
MIR. Hovey moved 10 amend so that where rights or
lmmunltcS have been. hereafter become vested
by law in any company citizen citizens the General
Assembly shall have no power to impair the same.
Mr.. Smith of Ripley asked for explanations.
Mr.. Read of Monroe said, that if a State Bank were
established all branches should be equal, and that all
towns and villages should have equal privileges in such
an institution.
MIR. smith of Ripley was clad of the explanation.
1t eectuay destroyed the possibility of State Bank
Mr.. Biddle surprised at the vote this morRng.
The proposition met his hearty approval 1t did not
destroy State Bank 1t only gave equal rights to all
citizens. With regard to ferries and plank roads, he
saw objections 1t would only prevent exclusive and
unlimited privileges twas question OF natural right
and justice. With regard to plank roads, he had no
conceament He would not deny the right to a
parallel ROAD if the right of way could be procured
Mr. Rariden objected to the provision, because it
uncertain In its character We cannot see the ten thou
sand varied circumstances that might arise lie IN
sanced the falls of the Ohio Should the State ofIndana
incorporate company to make Improvement there,
would it be right to leave open provision to make
similar Improvement 1t would prevent the Investment
Ol captdi IN many lhstahce' +.
Mr. Niles said, the section offered by the gentleman
from Monroe (DIr Ready sound in principle. To
vote against n in effect saying, there should be
elusive privileges II State Bank is desired, it could
be provided for as exception With regard to fer
res there had been ferries established in Indiana that
had yielded enormous profts-in one instance, hun
dred thousand dollars; Or he Just informed,
quarter of million Exclusive privileges had been o
incacuable evil lie alluded TO striking instance o
monopoly in London, where immense advantages hat
resulted to single family
Before the question was taken, the Convention ad
iorned.