be finally concluded and agreed upon, until the same shall have received three general readings.

24. The convention shall resolve itself into a committee of the whole when deemed necessary; and, when in committee of the whole, shall be governed by the foregoing rules, except that in committee of the whole, any member shall speak as often as he may think proper.

25. The President shall appoint committees, liable to addition or amendment, on the motion of any member, unless otherwise directed by the convention.

26. A motion to adjourn shall always be in order, and be decided without debate.

A motion was made and seconded, that Arthur St. Clair, Sen., Esq., be permitted to address the convention on those points which he deems of importance.

And on the question thereupon it was resolved in the affirmative - yeas, 19; nays, 14.

Those who voted in the affirmative are:

Messrs. Bair, Browne, Caldwell, Cutler, Dunlavy, Gilman, Humphrey, Huntington, McIntire, Massie, Morrow, Paul, Putnam, Reily, Sargent, Smith, Updegraf, Wells and Woods.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Carpenter, Darlington, Donaldson, Gatch, Goforth, Grubb, Kitchel, Kirker, Milligan, Wilson and Worthington.

And thereupon Arthur St. Clair, Sr., Esq., was permitted to address the convention.

On motion, leave was given to lay before the convention a resolution on the subject of forming a constitution and State government; which resolution was received and read the first time.

On motion, the said resolution was read the second time; and thereupon

Resolved, That the convention will immediately resolve itself into a committee of the whole on the said resolution.

The convention accordingly resolved itself into the said committee, Mr. Goforth in the chair, and after some time spent therein, Mr. President resumed the chair, and Mr. Goforth re

ported that the committee had, according to order, had the said resolution under consideration and made no amendment thereto.

The said resolution was then amended at the Secretary's table and read the third time; on the question that the convention do agree to the same, in the words following:

WHEREAS, Congress did, by the law entitled, “An act to enable the people of the eastern division of the territory northwest of the river Ohio, to form a constitution and State government, and for the admission of said State into the Union, on an equal footing with the original States, and for other purposes" (provide), that the members of the convention thus duly elected, agreeably to the act aforesaid, when met, shall first determine, by a majority of the whole number elected, whether it be or not be expedient, at this time, to form a constitution and a State government for the people within the said territory; therefore,

Resolved, That it is the opinion of the convention, that it is expedient, at this time, to form a constitution and State govern

ment.

It was resolved in the affirmative: Yeas, 32; nays, 1.

The yeas and nays being demanded, those who voted in the affirmative are:

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Caldwell, Carpenter, Darlinton, Donaldson, Dunlavy, Gatch, Gilman, Goforth, Grubb, Humphrey, Huntington, Kirker, Kitchel, McIntire, Massie, Milligan, Morrow, Paul, Putnam, Reily, Sargent, Smith, Updegraff, Wells, Wilson, Woods and Worthington.

The vote in the negative was Mr. Cutler.

On motion,

Resolved, That a committee be appointed, to consist of one member from each county, to prepare and report a preamble and the first article of the constitution.

And a committee was appointed, to-wit: From the county of Hamilton, Mr. Byrd; from the county of Clermont, Mr. Gatch; from the county of Adams, Mr. Darlinton; from the county of Ross, Mr. Massie; from the county of Fairfield, Mr. Carpenter; from the county of Washington, Mr. Putnam; from the county of Jefferson, Mr. Milligan; from the county of Trumbull, Mr. Huntington, and from the county of Belmont, Mr. Caldwell.

On motion,

Ordered, That the following persons be added to the said committee, to-wit: From the county of Hamilton, Mr. Paul and Mr. Smith; from the county of Adams, Mr. Kirker; from the county of Ross, Mr. Worthington; from the county of Washington, Mr. Gilman, and from the county of Jefferson, Mr. Wells. On motion,

Ordered, That Mr. McFarland, Assistant Secretary, attend the said committee.

On motion,

Resolved, That a committee of two be appointed to provide fuel and stationery; also, to contract for the necessary printing for the convention, and that Mr. Massie and Mr. Grubb be the said committee.

Mr. Worthington, from the committee of Privileges and Elections, to whom was referred the several returns of elections of members to serve in the convention, made a report, which he delivered in at the Secretary's table, where the same was read as followeth:

The committee of Privileges and Elections, to whom was referred the certificates of election of the following members, viz: From the county of Belmont, Elijah Woods, Esq.; from the county of Fairfield, Emanuel Carpenter and Henry Abrams, Esqs.; from the county of Hamilton, John W. Browne and John Kitchel, Esqs.; from the county of Jefferson, Nathan Updegraff and Bazaleel Wells, Esqs., and from the county of Washington, Rufus Putnam, Ephraim Cutler, John McIntire and Benjamin Ives Gilman, Esqs., having carefully examined the same, report that from the certificates to us referred the members aforesaid appear duly elected.

The said report was again read; and, on the question thereupon, agreed to by the convention.

And then the convention then adjourned until to-morrow, 12 o'clock.

Thursday, November 4, 1802.

Mr. Putnam, from the committee appointed to prepare and report a preamble, and the first article of the constitution, re

ported a preamble to the constitution, which was received and read the first time; whereupon,

Resolved, That the convention will immediately resolve itself into a committee of the whole convention on the said preamble.

The convention, accordingly, resolved itself into the said committee, Mr. Reily in the chair; and, after some time spent therein, Mr. President resumed the chair, and Mr. Reily reported. that the committee had, according to order, had the said preamble under consideration, and made an amendment thereto, which he delivered in at the Secretary's table.

Ordered, That the said preamble, with the amendment, do lie on the table.

On motion,

Ordered, That the committee appointed to provide fuel and stationery, also to contract for the printing for the present convention, be directed to inquire of the printer what seven hundred copies of the Journal and constitution will cost; what every additional three hundred copies will cost, and report the same to the convention.

On motion,

Ordered, That a committee of three be appointed to revise the Journal of the convention before it goes to the press.

And a committee was appointed of Mr. Reily, Mr. Gilman and Mr. Donaldson.

On motion,

Ordered, That a committee of nine be appointed to prepare and report a bill of rights and a schedule for the purpose of carrying into complete operation the constitution and government.

And a committee was appointed of Mr. Goforth, Mr. Dunlavy, Mr. Browne, Mr. Baldwin, Mr. Grubb, Mr. Woods, Mr. Updegraff, Mr. Cutler and Mr. Donaldson.

And then the convention adjourned until to-morrow, 12 o'clock.

Friday, November 5, 1802.

A motion was made and seconded that the convention expunge from their Journal the resolution and all the proceed

ings relative thereto which authorized the President to enclose to his excellency the Governor, and those members of the territorial Legislature who are not in the convention, their opinion. on the impropriety of holding another session of the territorial Legislature.

And on the question, "Will the convention agree to the same?" it was resolved in the affirmative-yeas, 25; nays, 8.

The yeas and nays being demanded, those who voted in the affirmative are:

Messrs. Abrams, Bair, Browne, Cutler, Donalson, Dunlavy, Gatch, Gilman, Goforth, Grubb, Humphrey, Huntington, Kirker, Kitchel, McIntire, Morrow, Paul, Putnam, Reily, Sargent, Smith, Updegraff, Wells, Wilson and Woods.

Those who voted in the negative are:

Messrs. Baldwin, Byrd, Caldwell, Carpenter, Darlinton, Massie, Milligan and Worthington.

On motion,

Resolved, That the President, in behalf of the convention,. request the Governor to dissolve or prorogue the present territorial Legislature.

Mr. Massie, from the committee directed to inquire of the printers what seven hundred copies of the constitution will cost, also what every additional three hundred copies will cost, made a report, which was received and read the first time; whereupon, Ordered, That the said report be committed to Mr. Smith, Mr. Darlington, Mr. Massie, Mr. Cutler and Mr. Barr.

·

And then the convention adjourned until to-morrow morning, 10 o'clock.

Saturday, November 6, 1802.

Mr, Putnam, from the committee appointed to prepare and report a preamble, and the first article of the constitution, reported the first article of the constitution, which was received and read the first time; whereupon,

Ordered, That the said article be committed to a committee of the whole convention on Monday next.

On motion,