Hawley

The question recurred on adopting the amendment of Mr. Williams. Mr. Caldwell called for a division, so as to vote separately on the first proposition.

The question was taken, and the convention refused to order a divi

⚫ion.

The question was taken, by yeas and nays, on the amendment,

THREE O'CLOCK, p. m.

The convention met pursuant to adjournment, and was called to order by the president.

Mr. Markley moved to reconsider the vote taken this morning on the amendment offered by Mr. Williams to the 24th section.

On motion of Mr. Markley,

A call of the convention was ordered.

The call having been proceeded in for some time, when it appeared that the following members were absent:

Messrs. Archer, Ballingall, Bond, Bosbyshell, Butler, T. Campbell, Carter, Choate, Dale, J. M. Davis, Dummer, Evey, H. R. Green, Gregg, Grimshaw, Heacock, Hogue, Hunsaker, Hurlbut, Jenkins, Jones, S. Kinney, W. C. Kinney, Logan, Norton, Peters, Roman, Servant, Vernor, Wead, and Woodson-31.

The question was taken, by yeas and nays, on the motion to reconsider,

The question was taken on the adoption of the 24th section, and deci ded in the affirmative.

The question was taken on concurring with the committee of the whole in the amendments made to the 25th section, and decided in the affirmative.

The question was taken on the adoption of the 25th section, as amended, and decided in the affirmative.

On motion of Mr. F. S. D. Marshall,

The 26th section was amended by adding thereto the words "and also an oath of office."

The question was taken on the adoption of the 26th section, as amend ed, and decided in the affirmative.

Mr. Scates moved to amend the 27th section by adding thereto the following:

"The legislature shall have power:

"To lay and collect taxes, imposts and excises, to pay the debts, and provide for the common defence, support, and general welfare of the

state:

"To borrow money on the credit of the state;

"To pass all laws which may be deemed wise and expedient, in amend. ment, alteration, or abolishment of the principles of the common law, of equity, maratime, or mercantile law;

"To define and provide for the trial and punishment of crimes and misdemeanors, and regulate the general police of the state;

"To provide for the due administration of justice, the execution of laws, and the enforcement of the decisions of courts of justice, and such other tribunals as may be established;

"To regulate the rules of practice, and of evidence, the mode of insti tuting suits and proceedings against the state, the people thereof, and corporations in or out of the state;

"To exempt from attachment, execution and sales for taxes, or debt, such property as it may deem wise and expedient;

"To regulate the descent of real estate, titles to the same, wills, intestates, the administration, the distribution and settlement of estates, and the rules for ascertaining and defining and enforcing all contracts relative to property, real or personal, or to individuals or corporations;

"To define and regulate the relation and duties of husband and wife, parent and child, guardian and ward, and master and servant;

"To establish and regulate counties, towns, cities, and districts, and rules for the municipal government therein;

"To regulate insolvencies;

"To regulate elections;

"To establish and regulate roads, ferries, and toll-bridges, and internal improvements:

"To regulate the waters of the state and internal commerce;

"To encourage agriculture, the mechanic arts, and manufactures; "To promote general education, the progress of science, and the useful arts, by establishing schools, and institutions of learning, and such other raeans as may be deemed wise and expedient;

"To provide for organizining, arming, disciplining, and calling forth the militia to execute the laws of the state, suppress insurrections, or repel invasions;

"To fix and locate the seat of government of the state, build, repair, and preserve a state house, and such other public offices as may be necessary for the transaction of the public business, and the preservation of the. archives and public records;

"To regulate the administration of the several departments of state, and offices connected with the executive and other departments;

"To define and regulate the duties of the agents of the state; "To provide for making a geological survey of the state;

"To provide for revising the laws of the state from time to time, and publishing the same in a condensed form;

"To pass all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of this state, or any department or officer thereof. All which powers shall be exercised within the limitations, restrictions, and prohibitions contained in this constitution;

"And it is expressly declared that the government ordained and established by this constitution is one of limited delegated powers; and the pow ers not herein delegated are reserved to the people, the source of all political power."

Mr. McCallen moved to amend the amendment by inserting in the 25th line, after the word "regulate," the words "the rise and fall of."

The question was taken, and the amendment to the amendment rejected.

On motion of Mr. Hay,

The amendment was amended by inserting the following between the words "thereof," and "al!," in the 43d line,

"To regulate interest on money;

"To regulate marriages, who may contract, who solemnize, &c.; "To regulate estrays and water craft found adrift;

"To regulate mills and millers;

"To regulate divorces, what shall be cause for, and how obtained;

"To pass laws to suppress duelling, and punish those who may bear challenges, &c.;

"To regulate weights and measures;

"To provide for the maintenance of paupers and idiots;