the time of this body. Now the subject submitted to the Convention was one of the important subjects on which the public had much feeling, and desired that this Convention should act advisedly and appropriately concerning it. authorize its being sent to the committee of the whole. It was merely a naked inquiry. Mr. BATES supposed that the rule did not require that a mere resolution of inquiry should be sent to the committee of the whole. The committee of the whole was the appropriate reference for resolutions containing distinct propositions. The question being on the reference of the resolution and pending amendment, to the committee of the whole, the question was put and negatived. He would offer to the Convention the reason why he had submitted his amendment. He was opposed to all positive corporations, so called. He was opposed to what they call private corporations in a republican government. He could occupy considerable time in offering his reasons, but he did not consider it The question then being on referring the resolution expedient to do so now. There was one reason, how-to the committee on Corporations, the motion to refer ever, which satisfactorily settled this in his mind. was agreed to. The popularity of these corporations had grown up from causes entirely different from those operating in their creation now. In modern times the incorporation given to such combinations of men was exclusively municipal; obtained from absolute powers, from probably, despotic governments; and hence, every privilege that was secured to any particular portion of the people, were so many privileges obtained from that power which claimed all privileges and all pow er. A slight interruption here took place on a point of order, but was decided in favor of Mr. FARR offered the following, which, on motion, was referred to the committee on Finance and Taxation: "Resolved, That the committee on Finance and Taxation be instructed to inquire into the expediency of so framing the Constitution as to require the Legislature to tax State stocks held by individuals within the State, the same as other evidences of debt." Mr. SMITH of Warren. I move that the Convention take a recess. Mr. SWAN moved that the Convention adjourn,but withdrew the motion at the request of Mr. HUNT, who offe ed the following resolution which was adopted: "Resolved, That the committee on the Legislative depart ment inquire into the expediency of a provision in the new Constitution, making all Judges of the courts of this State ineligible to election to any other office while upon the bench Mr. MITCHELL moved that the Convention now adjourn, but withdrew the motion at the request of Mr. SMITH of Warren, on whose motion the Convention took a recess. THREE O'CLOCK, P. M. Mr. ORTON. I desire to withdraw the resolution Mr. MITCHELL, who said he was calling the attention of the Convention to the historical fact, that the popularity of corporations grew up under a state of things entirely different from what we were living under, entirely antagonistic. Then, the doctrine was that all power concentrated in the crown; now it was different-they claimed that all power emanated from the people, and was concentrated in them, and was only abridged in proportion as they gave it up to their government, for the good of the whole. Why, then, should governments grant special privileges to bodies of men? It was giving that which they should not which I offered this morning, and offer the following give it was conferring privileges which it was never as a substitute. designed they should confer. The incorporation of Leave was granted. bodies of men, with special privileges, was the array-instructed to inquire into the expediency of conferring the ing of combinations against individuals. In his opin-right of sufferage upon Foreigners who shall have resided in ion the duty of government was not to protect combi- the State of Ohio one year, and have taken the oath of allenations against the individual, but to protect the in-giance. dividual against combinations. These were the rea- Mr. ORTON. I move that the resolution be referred sons, in part, why he was opposed to corporations to the committee on the Elective Franchise. My obaltogether; and he was opposed to the Convention ject in presenting this resolution, is to direct the attenencouraging any corporations, because he believed it tion of that committee to the single principle involved. was a wrong done to individual freedom. This resolution does that without including anything else, the former resolution did not. "Resolved, That the committee on Elective Franchise be The motion to refer was agreed to. Mr. OTIS. I beg to offer the following resolution, and move its reference to the committee on Legislative Department. nor or General Assembly, to any office or agency to which a pecuniary compensation is attached, during the time for of, and all votes given for any such member, to or for such of which he shall have been elected-and all such appointments fice or agency, shall be void. Mr. HOLMES observed that it would be perceived by the Convention that if arguments should be made on a motion to go into a committee of the whole, going into the merits of subjects-those matters would be discussed half a dozen times before they would be called on properly to consider them. He only alluded "Resolved, That it is expedient so to amend the Constitu to the matter in order to call attention to the amount eligible to the Senate of the U. S., or to any civil or judicial tion, that no person elected to the General Assembly shall be of discussion evolved by persons introducing resolu-office within this State, or shall be appointed by the Govertions on the spur of the moment. There should be one speech here on the reference-another in the committee of the whole, and then again other speeches when it came into the Convention. It would be best, in his opinion, that propositions should go to one of the standing committees, for they would examine it clearly; and it would also save time. There would be an ample opportunity afterwards to discuss the subjects, and for the members of the Convention to explain their motives in relation to their action on the matters brought before them. He did not wish it to be understood by his vote now, that he was in favor of corporations. And so further to amend the Constitution, that no divorce shall be granted by the General Assembly," Also the following: "Resolved, That it is expedient so to amend the Constitution as to provide therein for a sinking fund for the payment of the public debt, within a period not to exceed twenty years from the adoption of the proposed Constitution; and that the stocks or public debt of the State be not subject to taxation. Mr. OTIS moved that the resoluttion be referred to Mr. HAWKINS remarked that as he understood the committee on Taxation and Finance. Agreed to. the nature of the proposition, it was a resolution in- Mr. LARSH wished that some member would tell structing th comi ittee to make an inquiry. He sup-him what was gained by this course of receiving resoposed that it involved a serious question. He consid-lutions and sending them to committees, without any ered the resolution involved no question necessary to expression of opinion having been had. He understood that propositions were presented to the Convention for the purpose of giving the members of the committees some expression of opinion on which they might act in the committee. He thought they were doing no good by pursuing such a course. Mr. OTIS in reply said: The object in offering these resolutions and asking that they be referred, was to bring the subjects before the several standing committees, so that they might have them before the committee before they made a report. If the resolutions thus referred to them, were not adopted by the committee as a part of the reports they should make, it would then be competent for the members wishing to have principles of their resolutions engrafted into the constitution, to express their opinions before the committee of the whole, in which those reports of the standing committees would be debated. It was with that view, and that the propositions should not be debated over again, that the reference was moved. The motion was agreed to. Mr. NASH moved that the Convention adjourn. Mr. LEADBETTER hoped that the motion would be withdrawn for a moment, as he wished to bring a matter of business before the Convention. He hoped that before they went any farther they would settle the question relative to the number of assistants to be allowed to the Official Reporter. They ought to settle it before they went into their regular business. Better settle it this afternoon than to take up another day in relation to it. It is said the insinuations were "low," and not only "low," but "very low"-that they were "contemptible." And, of all the gentlemen on this floor, my name alone was singled out, to be made prominent as the object of a most extraordinary, of an unjustifiable and indefensible attack. If the author of that paragraph knew myself and my heart as well as I trust I do, he would not have been provoked to have penned any thing in the paragraph to which I have referred. Inever in my life, had the slightest controversy, personal or otherwise with the editor of the Statesman. I have not made a remark, or submitted a motion, touching the question of printing, with which his name has been connected, so far as I remember, during the sitting of this Convention. I have abstained from making a remark, or making a motion, during the entire of the debate, some of which has been more or less exciting; I have remained in my seat, satisfied to do so, knowing that the subject was one of great delicacy and difficulty. I have, with my own consent, sat silently in my place, only voting on such propostions as were submitted to the Convention, entirely willing and desirous to keep on the outside of a difficult and exciting question. I do not wish (though it might possibly be expected, and I trust not, however,) I do not wish to indulge in any severity of language in reply. I desired to say this as this paragraph will be read by my constituents,and by many men with whom I am acquainted. I was sorry that my name was singled out; I wish that my obscurity had been my protection, but it seems should understand, from this article, that I had humotherwise. I was not unwilling that my constituents Mr NASH again moved that the Convention adjourn. Mr. MASON. I will ask the gentleman to with-bled myself and so deported myself as to subject me draw his motion for a few moments. Mr. NASH. I will withdraw. PERSONAL EXPLANATION. Mr. MASON. I will ask this body to have the courtesy to take notice of a paragraph in a newspaper. It will be recollected by honoroble gentlemen, that I submitted some remarks yesterday morning to the convention on the subject of the resolution offered by the gentleman from Franklin [Mr. STANBERY] in relation to obtaining the copy right in our debates and proceedings, in conformity to the law under which we are now assembled. Whatever I said on that occasion, I suppose, (I do not know the fact,) according to the usage here, was reported by the official reporter to this body. The remarks then made, I suppose, will appear in the journals of this city, probably this evening, as I understand that is the practice. I have not seen the report, nor have I any desire to see it before publication. When it is read by the public, I think the people will be surprised, in not being able to detect or find any foundation, in all the remarks, I made, for the paragraph in the leading editorial of the Statesman of last evening. I refer to this paragraph in that editorial: "The very low and contemptible insinuations of Sampson Mason, this morning, carefully as they were expressed, showed at once what had been lurking underneath plausible exteriors since the subject of printing was first broached on the second day of the session." I have no recollection, sir, in these remarks of having made any illusion, and, therefore of having made any insinuation to the prejudice, or the interest, or the character of this paper, the Statesman.] I do not now recollect that he was at all in my mind in anything that I thought proper to submit to the consideration of this body in those remarks. I of course was taken! with surprise to see this paragraph. And, I am free to admit, I felt somewhat mortified at finding my name in connexion with the language here employed. to the extraordinary languga ge, for it is extraordinary certainly, when applied to myself, that is applied to me in the article. Very sincerely I thank the gentlemen of the Convention for allowing me the opportunity of making this explanation. Mr. MANON begged leave to say that he had been called upon by one of the assistant clerks, to whom he had alluded in the morning, who had informed him that he was not absent more than half a day while the convention was in session, and had now got his work "brought up" all satisfactorily. That was suf ficient for him to know. He had perhaps been misinformed on the subject, and now willingly made the explanation, that the clerk might not be in any manner misrepresented. Mr. NASH renewed his motion that the Conven tion adjourn, which was agreed to. ELEVENTH DAY, MONDAY, May 20-10 A. M. Mr. COOK. I have in my hands a petition signed by 102 citizens of Randolph in the county of Portage, which I desire to have read, "asking that the new constitution may accord to all the members of our commonwealth, equal rights, political and social, without regard to sex or color." Mr. SAWYER. I wish to say one word. I object to this, and all similar petitions, and shall continue to do so, and if gentlemen are desirous of saving time, they my cease presenting these negro petitions, for they are of that classs of petitions which I consider an insult to the freeman of Ohio. There are some things that I hold that even a white man has no right to petition for. I will not take up the time of the Convention by calling the yeas and Days. The question being upon the reception of the petition it was agreed to and referred to the committee on Elective Franchise. Mr. COOK. I have another petition, which I wish to present, signed by 26 inhabitants of the same town, a little different in character from the other one I pre re-ing of the laws, journals, bills and other legislative documents for each branch of the Legislature, be let, by contract, to the lowest responsible bidder, by the Secretary, Treasurer, and Auditor of State, the contract to continue for three legispre-lative terms. It is Agreed to. know sented. I call for its reading and move that it be The petition was accordingly referred to that com mittee. Mr. THOMPSON. I have another of a similar character. It is this, that equal rights should be secured to all the citizens of our commonwealth irrespective of complexion or race. I move its reference to the committee on the Elective Franchise. Referred as above. Mr. STANTON, desired to have a correction made in the reports of the Convention on the 10th inst.In his remarks of that date, he was made to allude to "future posterity," it should be, "future generations." At the close of another paragraph, he was made to say, "eventuate," the word used, was "ensue." He made this mention, not to reflect upon the reporter, under the circumstances he was surprised at the correctness of the reports. Mr. HUMPHREVILLE did not see why we should have anything to do with the errors in the Journal edition of the reports. If it was the report of the proceedings published by the printer to the Convention, then we might have a control over it, but as we have not, he saw no necessity for the course suggested. Leave was granted to have the corrections made. Mr. MASON. I hold in my hands papers, being memorials from a body known, I think, as the Green Plains, Ohio, Yearly Meeting of Friends. One of them prays that the right of suffrage may be extended to all our people, without respect to sex or color, and the other one includes that idea, and further "to eradicate and put an end to all violence or bloodshed," and especially it does not recognize any authority in the exe cution of municipal law. I ask to lay these upon the table, and I move that they be referred, one of them to the committee on suffrage, and the other to the committee on the Legislative Department. The memorial in regard to the rights of suffrage, was referred to the standing committee on the elective franchise. Mr. CAHILL. I offer for adoption the following: Taxation be requested to inquire into the expediency of so Resolved, That the standing committee on Finance and amending the constitution that all moneys in this State other incorporations be taxed the same as the Farmer, Mewhether invested in State Bonds, Banks, Rail Roads or any chanic, and Merchant are taxed. Mr. GRAHAM. I offer for adoption the following: Resolved, That the committee on the Judiciary give con sideration to the following suggestions, to wit: 1. The propriety of providing for county courts with ex. clusive jurisdiction of Probate and testamentary business, thought proper, with such farther civil and criminal jurisdiction, as may be 2. A provision with a view to a more summary and less expensive mode of disposing of criminal business. Judge. 3. The expediency of abolishing the office of Associate 4. The election of Judges and Clerks by the people. 5. The policy of creating as few tribunals as possible, so administration of justice and with as little departure from arranged that they will be efficient and will receive a speedy the present system as practicable. Agreed to. Mr. BARBEE. I offer for adoption the following: Works inquire into and report on the expediency of incorpoResolved, That the committee on Public Debts and Public rating into the constitution a provision that every law auwhereby a debt shall be created or increased, on the credit of thorising the borrowing of money, or issuing State Stock, the State, shall specify the object for which the money shall be appropriated and that every such law shall embrace no more than one such object, which shall be single and specifishall be distinctly submitted to the people at the next general cally stated and that no such law shall take effect until it election and be approved of by a majority of the votes cast for or against it at such election: That all money to be raised by the authority of such law, to be applied to the specific obThis provision shall not extend or apply to any law to raise ject stated in such law, and to no other purpose whatever.money for the purpose of suppressing insurrection, repelling hostile invasion, or defending the state in war. Agreed to. Mr. CASE, of Licking. I offer the following for adoption: Resolved, That the committee on the Preamble and Bill of ing into the Bill of Rights the following guarantees: Rights be instructed to inquire into the propriety of engraft That every person is entitled to hold a reasonable amount of real and personal estate exempt from forced sales for debts hereafter contracted. debt. The memorial signed by Samuel C. Howell and Susanna Brown, asking that the new constitution may That no person shall ever be arrested or imprisoned for guarantee the privileges and immunities of citizenship to all persons without regard to sex or color, was re-by striking out "Preamble and Bill of Rights," and Mr. ARCHBOLD. I move to amend the resolution ferred to the committee on the Legislative Department inserting Jurisprudence." It seems to me that this Mr. HAWKINS, from the select committee to which disposition of the matter would be a better one. was referred a resolution relative to transcribing the journal of this Convention, submitted the following report: should be glad to hear it. Mr. CASE. I would much prefer that it should go to the committee indicated in the resolution, although The select committee to which was referred a resolution propriately belongs to that committee. I am not very tenacious about it. I think it more aprescinding so much of the resolution heretofore adopted as tleman can assign any reason why it should belong to If the genrequires the journals of this Convention to be "read from the the committee on Jurisprudence, and not to the comrecord" have comidered the subject and now report, that inmittee on the Preamble and Bill of Rights, why I their opinion, it will be a more certain means of securing a perfect and accurate record of the journals, to have them read and corrected as now required by the third standing rule; and that after they shall have been so read and corrected, they shall be accurately transcribed in a book of record. The committee therefore recommend, that the resolution heretofore passed relating to that subject, be rescinded. That the Secretary of this Convention be required to cause the journals (af-| ter reading and correction) to be accurately transcribed into a book of record, and that there shall be a standing committee appointed whose duty it shall be, to compare the record with the journal and see that the transcribing is accurately done. ment, the same was disagreed to. of the original resolution, it was agreed to. which I wish read: 1. Resolved, That the committee on the Judiciary be instructed to enquire into the expediency of so amending the constitution as to prevent the Legislature of this State passing any law imposing fines or penalties in money as a punishMr. CHAMBERS. I offer for adoption the following: ment for crime. Resolved, That the committee on the Legislative depart-instructed to inquire into the propriety of inserting in said 2d. Resolved, That the committee on the Bill of Rights be ment inquire into the expediency of providing that the print- Bill, the provision following: The report was agreed to. That all elections shall be free and equal and that no prop morning. One was, that there erty qualification for eligibility to office or for the right of suffrage shall ever be required in this State. The resolutions were adopted. should never be imprisonment for debt in this State. The old constitution contained a benevolent, and, he thought, a sufMr. GREGG. I offer for adoption the following: ficient provision in favor of unfortunate debtors. UnResolved, That no increase of the public debt of the State der that provision the Assembly had long ago abolof Ohio, over and above the sum of fifty thousand dollars, ished imprisonment for debt. Indeed it might well be shall ever take place without a vote of the people in favor argued that imprisonment for debt had never existed of said increase-and in submitting the question to a vote of in Ohio. Our laws had never gone further than to the people, the proposition or law so submitted shall contain a distinct clause for a tax to be levied for the payment of said debt to be contracted. On motion of Mr. ROBERTSON, the resolution was referred to the standing committee on "Public Debts and Public Works." Mr. GRAY. I offer the following for adoption: Resolved, That the new constitution be so framed as to require the passage of a law prohibiting any officer connected with the administration of justice in this State from aid. ing in the arrest or detention of any person claimed as a fugi. tive from slavery or involuntary service. Mr. MITCHELL. I move to amend the resolution by inserting at the end thereof, "That such officers of the State of Ohio hereafter shall not be required to take an oath to support the Constitution of the United States." Mr. SAWYER. I ask for the yeas and nays on the passage of the resolution. I want to see whether we are willing to engraft in our constitution such a palpable violation of the Constitution of the United States, and therefore I ask the yeas and nays. Mr. MITCHELL. I withdraw the amendment I offered. Mr. NASH. I move that the resolution be referred to the committee on the "Legislative Department." Mr. LARSH. I would suggest whether it would not be better to refer it to the "Omnibus committee," or the committee on Miscellaneous Matters. Mr. NASH. I would agree to the amendment that it should go to the committee on matters and things in general. furnish the means of compelling insolvent or unwilling debtors to give an account of their transactions on oath. The honest debtor had sufficient protection under our present laws. Did gentlemen wish this Convention to give an intimation to the Assembly to go further and protect the dishonest and the fraudulent? He warned the Convention that there was danger in these minute intermeddlings. They might be disposed at present to give the wildest license to men, who had got the property of others in their hands and were inclined to set the laws of morality at defiance. Public sentiment might change. Some years hence the public might think that evasive and unwilling debtors ought to be compelled to render a schedule and give an account of their doings, under the responsibility of an oath. If such should be the case, did they wish to forestall the operation of public sentiment by a constitutional provision? Some things ought to be left to the discretion of posterity. A statute could be altered, amended, modified, repealed, or re-enacted, as the exigencies of the State and the variations of public sentiment might demand, without a subversion of the fundamental laws. A constitution, moreover, was an unwieldy instrument of minute legislation. It could not descend into particulars, so as to explain itself sufficiently, without intolerable prolixity. There was still another objection to the resolution. It commands a future General Assembly to pass a statute. Where was the sanction in case of refusal? Such Mr. GREEN. I have no objections to vote for the refusals had already taken place on this continent. passage of the resolution if put into a different shape. Suppose the members prove refractory, how would If made a resolution of inquiry, I will go for it. they punish them? Was proper, was it decorous, The question being taken upon referring the resoluto issue commands without the power to enforce obetions to the standing committee on miscellaneous sub-dience? Every individual blushed for himself, when jects and propositions, th same was disagreed to. he had been found guilty of such an indiscretion. Stern and severe judgments had already been passed here upon the motives and conduct of former legislative bodies, without much allowance for human frailty or imperfection. Their own conduct would soon have to pass through a similar ordeal. They were never more likely to expose themselves to the severity of criticism than when they invaded the province of the ordinary legislature. Mr. SWAN. I move to lay the resolution upon the table-which was agreed to. Mr. HAWKINS. I offer for adoption the following: Resolved, That the committee on the Preamble and Bill of Rights, be instructed to inquire into the expediency of recog ries resulting from the manufacture and sale of spirituous nizing in said bill, the right to pecuniary redress for inquiliquors: Mr. ARCHBOLD said that he did not wish to make his appearance on that stage too often, but he bespoke the kind attention of the Convention, promising to be brief. It was at least doubtful whether the resolution was not in direct conflict with the constitution of the United States. That constitution provides that fugitives shall not be discharged in consequence of State regulations, but shall be delivered up. It might well be contended that this provision imposed a duty on the State to deliver up. But he was not bound to disclose whether as a member of the General Assembly, he would be for or against such a measure embodied in an Assembly act. But if proper to be enacted at all, it was proper to be enacted by the discretion of the General Assembly. It was a piece of minute legislation. The Assembly could mould its provisions to suit public opinion and the ever varying and unforeseen exigen- Mr. FORBES. I offer for adoption the following: cies of the commonwealth. The Convention was about Resolved, That the committee on the Legislative departto frame a constitution, a law of laws, a law to the law-ment be instructed to inquire into expediency of so amending making power. Such an instrument ought to contain the constitution to prevent any person, who denies the being the great general principles of liberty and security, and of a God, or a future state of rewards and punishmenes from ought to contain nothing else. If this body should holding any office in the civil department of this State: descend into the work of minute legislation, a large! Which was agreed to. portion of the electors would be disgusted, the instrument proposed would be rejected, would fall still-born from Mr. BROWN of Athens. I wish to offer the resolutheir hands, or if accepted would only linger out a short, tion in relation to the apportionment, in connection sickly existence, in consequence of these doses of with a resolution already offered and referred, and I slow poison, administered at its birth. He thought wish that this may take the same direction. I think the same objection would apply to several of the that the former resolutions were committed to a compropositions which they had heard on the floor this mittee of the whole Convention. Which was adopted. APPORTIONMENT. Resolved, That as a mode of carrying into effect a permanent self-acting scheme of apportionment of members of the General Asserably without Legislative intervention, it is expedient to provide in the constitution, that it be made the duty of the Secretary of State (or other proper officer) immediately on the completion of each successive census, to divide the whole number of counties into the total number of population in the State, for an average ratio; and that there be allowed one Representative to each county containing said ratio, or a fraction not less than half thereof, and one additional Representative to each county containing twice said ratio and two additional Representatives, to any county containing three and a half times said ratio, and three additional Representatives to any county containing five times said ratio or upwards;-and that any county containing less than half said ratio shall elect with an adjoining county until by increase entitled to a separate Representative; and that it be made the duty of the Board of Commissioners of any county or city, entitled to two or more Representatives to divide such county or city into a corresponding number of Representative districts, as nearly equal as may be without dividing wards or townships therein, and to certify the same immediately to the Secretary of State; and that there be allowed one Senator to each city or county, containing not less than two, nor less than three Representative Districts, and one Senator to every two, and not exceeding three Representative districts, composed of one or more entire counties contiguous and most convenient and adapted to each other; the Senatorial districts to be consecutively numbered, and never to exceed half the number of Representative dis. tricts, and no city or county exclusive of such city to have more than one Senator. Mr HITCHCOCK of Cuyahoga. I move that the resolutions be laid on the table and printed, in order that we may examine them. Agreed to. Mr. CLARK. I have a resolution which I wish to offer for adoption: Resolved, That this Convention adopt the following as a part of the Constitution of this State. BANKING. a SECTION 1. It shall be the duty of the Legislature, at its first session after the adoption of this constitution, to pass general banking law, open to all alike, the bills to be registered and the bill holders made safe. The present existing banks shall be allowed to continue business only upon condi tion that they organise under such law, or consent that their capital and property be taxed the same as the capital and prop. erty of individuals. Such law shall require all banks after 1853 to pay three-fourths gold coin on redeeming its bills, if requested. None but a general law shall hereafter be passed authorizing banking in this State. SECTION 2. At the election when this constitution is submitted to the people, each voter may vote "for banks" or "against banks" upon his ticket, and if there is a majority who vote "for banks," the above section shall stand as a part of this constitution, but if a majority shall vote against banks," the above section shall stand qualified as follows: that after the year 1851, no bank in this State shall make, issue, or pay out any bill of a denomination 1. ss than 85: after 1852 none less than $10; after 1853 none less than $20; after 1854, none less than $50; after 1858 none less than $100 and after 1864, none of any denomination whatever, after which period no banks of issue shall be allowed in this State. Also after that period the paper money or bills of the banks of other states shall not be à lowed to be paid out or circulated in this state, and any so paid out or circulated shall be void and of no value; nor while banking is allowed in this state, shall paper money or bills of the banks of other States of a less denomination than is allowed to be paid out by the banks of this state, and any so paid out shall be void and of no value; nor shall any bills so paid out, pay or extinguish any debt or be payment of any other property or thing, nor shall any action be brought upon any contract when foreign paper so paid out shall form any part of the consideration. Mr. CLARK. I move that they be laid upon the table and printed. Agreed to. THE VETO POWER. Mr. RANNEY. If in order, I would move that the Convention resolve itself into a committee of the Whole upon resolution number five, (Mr. Mason's.) The motion was agreed to, and thereupon the Convention resolved itself into committee of the Whole, (Mr. Chambers in the Chair) and proceeded to the con sideration of resolution number five. Mr. RANNEY. I would inquire if a motion was made to strike out the second resolution. The CHAIRMAN, in reply, said that there was no such motion before the Convention. M. RANNEY. Then I will move to strike out the second resolution. Mr. HITCHCOCK. According to my recollection, at the time the committee rose and reported progress there was a motion pending to strike out “majority' in the 6th and 9th lines and insert "two thirds." Mr. MASON. Would it be in order to move to amend the portion of the resolution which it is now proposed to strike out? The CHAIRMAN, in reply, said it would be in order. for the word "present" I wish to insert the word “elecMr. MASON. Well, sir, in the 7th and 9th lines, ted," so that it will read a majority of the whole number elected. privilege to so modify the resolution if not objectThe CHAIRMAN. The gentleman will have the ed to. The proposed amendments were agreed to. Mr. RANNEY. Is the amendment offered by the gentleman from Clark adopted by unanimous consent? If there is to be a veto incorporated in the Constitution, I should prefer the present form or a substitute for the original proposition. Now, Sir, I shall ask a division upon the question of striking out "present" and inserting the word "elected." A division was then taken, which resulted Aff. 45, Neg. 37.-So the question was carried. Mr. HAWKINS. I shall vote for this amendment, sire to make it as odious as possible before the queshaving moved to strike out the whole section. I detion is taken, in order to ensure its rejection. I want no such provisions in our Constitution, and I hope, that those who design to reject the whole of it, will vote for this amendment. Because I think if the amendment is made, that it will ensure its rejection. I think there are more members of the Convention who will favor the proposition if it stands as it does now. At the proper time, I desire to express my views more at length in relation to this matter. Mr. STANTON. I have one suggestion to make. It is a question of order. It strikes me, that the committee have already decided that question. There was no division of the question called for upon determining the number that should overrule. The gentleman from Auglaize modified the original proposition as moved by the gentleman from Clark, that upon a bill returned by the Governor to the two Houses, the veto should be overruled by the majority of the members present. He moved to strike out a "majority of the members present" and insert "a majority of members elected." The motion to strike out and insert was carried as an entire motion. I understand, therefore the Committee have decided so far as it can decide, that the veto be overruled by a majority of all the members elected. It is not in order therefore to make a motion to strike out and change the number. motion made, to insert "two thirds" and I will state Mr. SAWYER. I have a decided opposition to the very briefly my reasons for the same. If we insert two thirds, I think it will be an unnecessary number. It will give the executive of the State more power than Ithink, he is justly entitled to. I am decidedly in favor, of having the veto overruled by a majority of the members "elected" as it now stands in the bill. There is a propriety, in my humble opinion, in the Constitution of the U. S. naming two thirds. The House of Representatives who are elected by the people-the Senators by the States; representing the sovereignty of the States. The President of the U. S. is himself, elected by the whole people of the U. S. There is great propriety in concentrating the balance of power in that body-in that branch of the Government, and to give to the President of the U. S. a larger power |