PART IV.

THE CONSTITUTIONAL CONVENTION OF 1850.

The Constitutional Convention of 1850 assembled on October 7, 1850, adjourned on February 10, 1851, after having been in session 127 days. The Convention consisted of 50 senatorial and 100 representative delegates, 95 of whom were Democrats, and 55, Whigs. Owing to one death and several resignations, 154 delegates actually served during the sittings of the Convention. The Convention organized by electing George W. Carr, President, W. H. English, Principal Secretary, and such assistant clerks, secretaries, doorkeepers, sergeants-at-arms, messengers, woodmen and stenographers as were necessary to carry on the work of the Convention. For the purpose of considering, drafting and submitting sections to be incorporated in the new constitution, the Convention was divided into 22 standing committees. The material out of which the new constitution was constructed consisted of the corresponding sections of the constitution of 1816; the provisions of the existing constitutions of the other states, especially Illinois and Wisconsin; resolutions submitted by delegates either on their own initiative or on request of their constituents; and recommendations and suggestions of the members of the several committees and other delegates on the floor of the Convention. Of these resolutions there were 333. The first resolution was introduced on October 9, the third day of the Convention, and the last on January 29, only two weeks before final adjournment. After a committee had had time to deliberate, a draft of a section or series of sections was reported to the Convention for for consideration. In maturing a section of the Constitution, the procedure followed was substantially identical with that followed in the General Assembly in maturing bills, except that when a section was finally adopted it was referred to a Committee on Revision and Phraseology to be put in final form. Sections which were revised by this committee were usually reported back to the Convention in groups and formally approved. When the Constitution was finally approved it was deposited with the Secretary of State and published in full in three separate issues of the Indiana State Sentinel, the Indiana State

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Journal and the Statesman. The Convention also issued an address to the electors of the State in which was summarized the most important changes in the old Constitution and the arguments for the proposed changes. On February 25, Governor Joseph A. Wright issued his official proclamation notifying the electors that an election would be held on the first Monday of August on the adoption or rejection of the Constitution as a whole and on the adoption or rejection of the article relative to the exclusion of negroes and mulattoes from the State. The election was held on August 4, 1851. The total number of votes polled for the Constitution in the counties making returns was 109,319, the total number of votes polled against the Constitution was 26,755; the majority for the Constitution was 82,564. The total number of votes polled for the exclusion and colonization of negroes and mulattoes was 109,967; the total number of votes polled against the exclusion and colonization of negroes and mulattoes was 21,066; the majority in favor of the exclusion and colonization of negroes and mulattoes was 88,910. Since both the Constitution as a whole and the article relative to the exclusion and colonization of negroes were adopted by substantial majorities, the Governor issued his proclamation on September 3, 1851, declaring the whole Constitution, including the thirteenth article to take effect and be in force on and after the first day of November, A.D., 1851."

136. Suitable Room for Holding Sittings of Convention of 1850 (October 7, 1850).

By a resolution adopted on January 21, 1850, the Governor, Auditor and Treasurer of State were required to procure a suitable room for the sittings of the Constitutional Convention. (See Document No. 131.) The following communication and correspondence sets forth the efforts made by this committee. The information was laid before the convention on October 8, 1850.

HON. G. W. CARR,

[Convention Journal, 19.]

Executive Department, Oct. 7, 1850.

President of the Convention:

Please lay before the body over which you have the honor to preside, the accompanying correspondence. Having failed in procuring the Masonic Hall for the use of the Convention, under the restriction of the legislature, we have prepared the Hall of the

House for their reception, leaving it to the Convention to take such action in the premises as may be deemed proper.

We have the honor to be, etc.

JOSEPH A. WRIGHT, Governor

JAMES P. DRAKE, Treasurer of State,

WM. SHEETS, Esq.:

E. W. H. ELLIS, Auditor of State.

Indianapolis, May 6th, 1850.

Dear Sir: Under an act of the last legislature, the undersigned are authorized to contract with you for the Masonic Hall for the use of the State Convention to revise the Constitution, at a rate not exceeding one hundred dollars per month. We are authorized to close such a contract immediately if our proposition shall be accepted.

An early answer is desired.

Respectfully,

JOSEPH A. WRIGHT, Governor,
JAMES P. DRAKE, Treasurer,

E. W. H. ELLIS, Auditor.

Indianapolis, May 9th, 1850.

MESSRS. ELLIS, DRAKE, and WRIGHT:

Gentlemen: Your note of the 6th inst., in relation to the use of the large room in the Masonic Hall for the sitting of the Convention has just been received. I cannot, in justice to the stockholders, for whom I act, contract for the occupancy of the room at the rate you propose, viz., one hundred dollars per month; but I will agree to prepare the room as stated in a former letter, keep it in order during the session of the Convention, for twenty dollars per day; or I will prepare the room for the use of the Convention, leaving the compensation to be fixed by the Convention itself.

Respectfully,

Your ob't serv't,

WM. SHEETS, Commissioner.

137. Rules and Orders of the Convention (October 14, 1850).

On October 7, the Convention adopted a resolution providing “That a committee be appointed by the Chair to prepare and report rules of order for the government of the proceedings of this Convention; and until said committee report, and it be otherwise ordered, the rules of the House of Representatives of this State be adopted by this Convention, as regulations to govern its proceedings and deliberations, so far as the same are applicable.”

On October 8, by an appropriate resolution, the Convention fixed the number of this committee at thirteen, one from each judicial circuit. On October 9, the Chair named the members of this committee, and on October 11, the committee submitted a report and recommended its adoption. This report was considered on October 14, and the rules therein recommended were adopted with some amendments, as follows:

[Convention Journal, 34-57.]

1. The President shall take the chair every day at the hour to which the Convention shall have adjourned on the preceding day; shall immediately call the members to order, and on the appearance of a quorum, shall cause the journal of the preceding day to be read.

2. The President shall preserve order and decorum; may speak to points of order in preference to other members, rising from the chair for that purpose, and shall decide questions of order, subject to an appeal to the Convention by any two members thereof.

3. The President rising from his seat, shall distinctly put the question, in this form, viz.: As many as are of opinion that (as the question may be) say aye-contrary opinion, say no.

4. If the President doubt, or a division be called for, the members shall divide: those in the affirmative first rising from their seats, and afterwards those in the negative.

5. Any member may call for the statement of the question, which the President may give sitting.

6. The President, with ten members, shall be a sufficient number to adjourn; twenty-five to call the convention, and send for absent members and make an order for their censure or acquittal; and a majority of the whole number shall constitute a quorum to proceed to business.

7. When a member is about to speak in debate, or deliver any matter to the Convention, he shall rise from his seat, and respectfully address himself to Mr. President; and shall confine himself to the question under debate, and avoid personality; and no member shall impeach the motives of any other member either in his vote or his argument.

8. If any member in speaking, or otherwise transgress the rules, the President shall, or any member may, call to order; in which case, the member so called to order, shall immediately sit down, unless permitted by the convention to explain; and the Convention shall, if applied to, decide on the case, but without debate. If the decision be in favor of the member so called to order,

he shall be at liberty to proceed, if otherwise, and the case require it, he shall be liable to the censure of the Convention.

9. When two or more members happen to rise at the same time, the President shall name the person who is first to speak.

10. No member shall speak more than twice on the same question, without leave of the convention, nor more than once until every member, choosing to speak, shall have spoken.

11. Whilst the President is putting a question, no one shall walk across the room; nor, whilst a member is speaking, enter on private discourse, or pass between him and the Chair.

12. No member shall vote on any question who was not within the bar when the same was put; and when any member shall ask leave to vote, the President shall propound to him this question: Were you within the bar when your name was called?1

13. Upon calls of the Convention, for taking yeas and nays, on any question, the names of the members shall be called alphabetically, and each member shall answer from his seat.

Any ten members shall have the right to call the yeas and nays, provided they shall request it before the question is put, but every member shall have the right to enter his protest upon the journal without argument.2

15. Any member may call for the division of a question, which shall be divided, if it contain propositions in substance so distinct that one being taken away a substantive proposition remains for the decision of the Convention. A motion to strike out and insert shall be deemed indivisible; but a motion to strike out being lost, shall not preclude an amendment, nor a motion to strike out and insert.

16. After a motion is stated by the President, or read by the Secretary, it shall be deemed in possession of the Convention, but may be withdrawn at any time before decision or amendment. 17.

When a question is under debate no motion shall be received but to adjourn, to lay on the table, for the previous ques

1. Notice was given on November 21, that an attempt would be made to change the rules to admit any member to vote if within the hall, when the question is put.'' This is apparently a proposed amendment to Section 12. There is no evidence that the proposal was adopted (p. 281).

2. As originally reported by the committee, Rule No. 14 read as follows: "Any ten members shall have a right to call the yeas and nays, provided they shall request it before the question is put." On December 18, notice was given that an attempt would be made to amend the fourteenth rule by striking out the word "ten" and inserting the word "thirty." On December 19, the word "thirty'' was stricken from the proposed amendment and the word "twenty'' inserted in lieu thereof by a vote of 76-39; the proposed amendment as amended was then rejected by a vote of 51-65 (pp. 471, 480).

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