Mr. NAVE said, if the question was to be } settled at this time he desired that the ayes and nays should be taken.

Ten members rising to second the demand,
The yeas and nays were ordered.

Mr. FOSTER said, he had no doubt that the committee had bestowed considerable labor and attention upon the subject, but still he must dissent from the conclusion to which they had come. It appeared to him that they had rejected two legal votes for the sitting member; one of which was cast by mistake for Senatorial Delegate, and another, which was cast by the individual who moved to the State of Ohio, but was not absent from the State so long as twelve months. It was suggested by a gentleman on his right, that a man could not lose his residence until he had actually obtained a residence in another State. He thought it would be a very pertinent question to know whether this individual was a land-holder in this State. It might appear, from the answer to this question, that his residence in Ohio was intended to be only temporary. He would ask the chairman of the committee whether it was in evidence that this individual owned any landed property in this State ? Mr. KELSO said, the evidence was, that he expected to get a place from his brother-in-law, but failing in that, he went off to Ohio.

Mr. KELSO said, that the law was, that you might call on a voter and require him to testify and declare who he voted for, if it should appear that he had voted illegally. But this man went on and made it out that he had cast a legal vote, therefore it was decided that he should not be asked how he voted.

Mr. BERRY enquired whether the papers did not show that Brookbank objected to the man's telling for whom he voted.

Mr. KELSO replied that they did not.

Mr. BERRY. Was it not in evidence that more than one illegal vote was cast for Brookbank?

Mr. KELSO. It was in evidence that four or five voters were charged with voting illegally for Brookbank. There was evidence of charges being made of illegal voting on both sides.

Mr. BERRY. Was it not in evidence that Van Metre voted for Brookbank?

Mr. KELSO said that it was; but he was not going to accuse any man of perjury. Mr. BERRY then renewed his motion to lay on the table;

Which was rejected.

The question recurring upon Mr. RARIDEN'S amendment,

Mr. MORRISON of Marion said, that when the report of the committee was presented, he Mr. FÖSTER said, he had always understood noted as carefully as he was able, the points (without pretending to be anything of a legal made in it; and he thought the committee had man himself) that no man could lose his resi- acted liberally in coming to the decision reportdence in this State, (a laugh,) at least unless heed, and he thought their liberality was especially had been absent twelve months. He understood extended toward the sitting member. He certhat to be the case in so many words, and it was tainly felt nothing but a desire to do justice to generally so understood in his diggings. But, both of these parties, and settle the question from the evidence, it appeared that this man upon its merits. He was a little astonished at was absent from the State only eleven and a the motion of the gentleman from Wayne, to half months. If that was the case he thought amend the resolution reported. He could see that the sitting member was entitled to his seat. no very good reason why gentlemen advocating Mr. BERRY said, that he had as much confi- the cause of the sitting member, should be dedence as any man in the committee on elec-sirous of disturbing the report. The report was tions; but yet he thought they had rejected some testimony, which the committee could not reject if they understood the history of the case. Osborn claimed that five illegal votes had been cast for Brookbank, and proved it by heresay testimony. And when the question was asked of one of the men themselves, "For whom did you vote?" Brookbank stopped him and arrested the answer, upon the plea that it was illegal; thus taking advantage of this kind of testimony, and throwing the contestant back upon his second-class evidence. When Osborn was ready to produce first-class testimony they refused to receive it. He understood, from the report, that the evidence on the part of the contestant was thrown out entirely. He was satisfied that if the testimony were read before the Convention, they could not resist the conclusion that Brookbank had received the number of illegal votes which Osborn alleged that he had. He moved to lay the motion on the table; but at the request of Mr. Kelso, withdrew the motion.

too liberal to the sitting member. The committee had assumed the position, that they would not go behind any decision of the county board of canvassers. The Convention, under the law by which it was authorized, was clothed with power to determine upon the qualifications of its members. This being the case, there certainly could be no reason why the committee should not have submitted the facts, and called upon the Convention to decide, notwithstanding the action of the board of canvassers. If he understood the report, the committee took all the votes, as decided upon by the board of county canvassers, except one vote, which was cast in duplicate for Osborn-not deceitfully as he believed-and this left them equally balanced. The gentleman from Wayne had said, that all he desired was to get at what was really the intention of the voter. He concurred with the gentleman in this. It was a correct principle, that the voice of the people should be heard; and he considered that a vote taken in this

discussion in this body.

manner as clearly indicated that the man wish-important a matter as to justify an ill-natured ed to vote for Osborn, as it was manifest that the man who voted for Brookbank for Senato- But he was going to say a word with referrial Delegate, intended to vote for him as a ence to his position, in order that his course Representative Delegate. The law prescribed might be clearly understood. He did think that when a vote was cast deceitfully it was that his position was now quite above and beillegal; and if this position could be maintained,yond the influence of party. He asked nothwith reference to this vote for Osborn, then it ing of party, he wanted nothing of it, and he was rightfully cast out. But, upon going into expected nothing from it. He had at length the facts, it appeared that the man only neglect-arrived at that period of life when he could afed to tear two tickets apart, and that, there be- ford to pay the debt he owed to a generous coming no deceit in the act, the vote should have munity as well as any other man; and that debt been counted for Osborn. Then was it not a Then was it not a was to do his duty. He admitted that the report stretch of liberality to say to the man holding might be liberal and fair, and a just expose of the the seat, merely, that he should hold over? It testimony, in setting aside the two votes which was a very delicate matter to say to a man hold- had been counted for Brookbank ; and he admiting a seat here, that he should take his hat and ted that he might entertain the opinion expressed be off. But still, he wanted the matter deter-by the gentleman from Marion, (Mr. Morrison,) mined exactly upon the principles of right and with reference to the double ticket-that, propwrong. He was a democrat, and Mr. Osbornerly, it should have been counted for Osborn; was a democrat; the gentleman holding the seat for Union county was a whig, and the gentleman from Wayne (Mr. Rariden) was a whig; but he could not see how any gentleman could appropriate every favorable consideration pre-which called together all the elements of the sented upon one side, and eschew everything favorable upon the other side.

The PRESIDENT announced that the hour had arrived for the consideration of the special order of the day; the resolution for the abolition of the Grand Jury system.

Mr. PETTIT remarked, that this special order was made on his motion; but he had been impressed with the idea, that the consideration of the matter of the report of the committee on elections was privileged above all other questions.

The PRESIDENT. The Chair understands that a special order supersedes all general orders.

Mr. PETTIT then moved that the special order be postponed until 2 o'clock this afternoon; which was agreed to.

yet all this would not exclude Brookbank. The case was well illustrated by the gentleman from St. Joseph (Mr. Colfax). It was the dissatisfaction of Osborn as to the original count,

case for a new count; and from this new count it appeared, that two votes more should be added to the majority for his competitor, which made Brookbank's majority four votes instead of two. But it was ascertained out of doors, that, in two townships, there was one ballot more in each box than there could be found names on the tally-papers. There were two ballots in the boxes for which there could be found no names corresponding upon the clerk's list. These two names were rejected; and they were stricken off from the majority of the sitting member. Why this was so, he had not yet heard. Brookbank only got the votes which were cast for him. Why then should it be supposed that the two ballots for which there could be found upon the lists no names corresponding, were given for Brookbank? Mr. KELSO said, he should vote against the This was the ground over which the committee amendment of the gentleman from Wayne (Mr. went and although it could be accounted for Rariden). The committee on elections had in various ways honorable to the committee and taken up and considered only such as they to both parties; yet, the only rational way in were well assured was safe and positive testi- which this discrepancy could be accounted for, mony, and from that they had come to the con- was, to suppose, that the clerks who kept the clusion which he had submitted. The commit-lists were negligent and neglected to record tee could not go any further without a resort to these names. There was no inference, no susguessing; and he had ascertained to his satisfac-picion, that there was any double or false vottion, that if they went into guessing, the chances ing. It was not pretended that any votes were were about two to one in favor of Osborn; { found deceitfully folded together, but only, that therefore he should vote against the amendment. Mr. RARIDEN said, he did not know but that the course proposed by the committee was wiser than the course he had proposed; nor would he hesitate to withdraw his proposition, if he thought it was likely to be a means of embroiling the House in an angry and ill-natured debate. He did not look upon the question whether one or the other of these gentlemen should occupy a seat in this Convention, as so

there were two votes, one in each township, for which there was not a correspondent name upon the tally-papers. Upon this ground, alone, two votes were stricken off from the number given to the sitting member; but that would still leave him-counting the double ticket that was rejected for Osborn, and giving to him those two votes to which he at the first referred —a majority of one vote.

Notwithstanding, these were the settled con

offered by the committee, should propose that the gentleman now occupying the contested seat shall retain it. He had anticipated that a proposition of that character could not be offer

victions of his mind, he would feel as though fered by the gentleman from Wells, (Mr. Bashe was serving his country better by withdraw- { com,) ing his proposition to amend the resolution, in Mr. SMITH of Ripley said, that he repreference to having one hour's angry debate gretted exceedingly that the gentleman from upon this floor. He would not hesitate one Wayne, (Mr. Rariden,) with all his experience moment to withdraw it if he thought such upon matters of this kind, and upon a proposiwould be the consequence of its introduction;tion so liberal under the circumstances as that but, like all other men, he was desirous to see how many would agree with him. Nevertheless, if it were to be the means of irritation or of plunging the Convention into the broad ocean of guessing, he would withdraw it. For, al-ed without the presentation of a counter-propomost anybody could out-guess him. He would not set himself up in competition with any man upon that subject. If the spirit of irritation were engendered, he knew too well how that would act; and would much rather withdraw his proposition, and let the subject go to the people, unless there should appear to be a decided opinion in favor of the sitting member, and

that he was entitled to the seat.

The yeas and nays were then taken upon Mr. RARIDEN'S amendment, and the Secretary reported yeas 36, nays 92, as follows:

AYES. Messrs. Barbour, Biddle, Blythe, Bourne, Bowers, Clark of Hamilton, Clark of Tippecanoe, Colfax, Crawford, Davis of Madison, Dunn of Jefferson, Foley, Foster, Frisbie, Gregg, Hall, Hamilton, Hogin, Holman, Kendall of Wabash, Maguire, Mather, McFarland, Morgan, Murray, Nave, Newman, Niles, Pepper of Crawford, Prather, Rariden, Steele, Stevenson, Terry, Thomas, and Todd-36.

sition, like that which had just now been submitted. He regretted it the more, because it must be apparent to every gentleman. that there was a great deal of doubt hanging over the election of both of the claimants to the contested seat-a doubt, too, which was calculated to arouse a general feeling of excitement among the members of the Convention. He thought that the committee on elections had acted upon the most generous and liberal principles possible, in making out their report. The question, to say the least of it, was a very doubtful one, and the committee, in the report they had made he thought, had acted perfectly right. If they had acted upon probabilities, they would have been two to one in favor of Mr. Osborn; but he trusted that the pending amendment would be voted down; and that the Convention, by an unanimous vote, would send the question back to the people, and thus prevent any exhibition of party feeling, or any kind of excitement NOES.-Messrs. Alexander, Allen, Anthony, upon the question in this Hall. He did not Badger, Balingall, Bascom, Beard, Berry, Bor- wish that any feeling of the kind should be den, Bracken, Bryant, Butler, Carr, Carter, aroused among the members of the Convention Chapman, Chenowith, Coats, Cookerly, Crum-during its sittings, and he hoped that the amendbacker, Davis of Parke, Davis of Vermillion, Dick, Dobson, Dunn of Perry, &c., Duzan, Edmonston, Farrow, Fisher, Garvin, Gibson, Gootee, Graham of Miami, Graham of Warrick, Mr. BASCOM said, that as the gentleman Haddon, Holliday, Harbolt, Hardin, Hawkins, from Wayne (Mr. Rariden) had seen fit to Helmer, Hitt, Hovey, Howe, Huff, Johnson, propose that Mr. Brookbank should be considerJones, Kelso, Kent, Kendall of Warren, Kinley, ed the delegate to fill the contested seat, he Lockhart, Logan, March, Mathis, May, McClel- thought it perfectly proper and right to present land, Miller of Clinton, Miller of Fulton, Miller the claims of Mr. Osborn, and let the Convenof Gibson, Milroy, Mooney, Moore, Morrison of tion decide between them. He thought that as Marion, Morrison of Washington, Mowrer, Nof-the committee had not been able to decide in singer, Owen, Pepper of Ohio, Pettit, Read of Clark, Ristine, Schoonover, Shannon, Sims, Smiley, Snook, Smith of Ripley, Smith of Scott, Spann, Tague, Taylor, Trimbly, Vanbenthusen, Wallace, Watts, Wheeler, Wiley, Wolfe, Work, Wunderlich, Yocum, Zenor, and Mr. President ---92.

So the amendment was rejected.

Mr. BASCOM proposed to amend the resolution reported by the committee, by striking out all after the word " Resolved," and inserting the following:

"That JAMES OSBORN is duly elected Representative Delegate for the County of Union, and hereby admitted to his seat."

The question being upon the amendment of

ment would be voted down, and that the report of the committee would be concurred in.

favor of either of the gentlemen claiming the contested seat, that the Convention, if it were possible, should decide the question, either in favor of one, or the other. If the matter was sent back to the people of Union County, they all knew that by the time the new election was held, the sittings of the Convention would be nearly completed; and, therefore, that the election would be almost unnecessary.

As the delay in the decision of this question had almost virtually deprived the people of Union County of a representation in that Hall, he thought that they should not adopt the report of the committee, but endeavor to fill the contested seat with one of the two gentlemen claiming it. Perhaps the report had

better be printed before they finally decided the question.

SEVERAL MEMBERS. Withdraw the mo

tion.

Mr. BASCOM accordingly withdrew his motion.

The question recurring upon the adoption { of the report of the committee, the yeas and nays were demanded, and, being taken, resulted as follows:

motion for the purpose of interfering with any existing legal right which the State Printer might think he had to do the printing.

The question being upon the adoption of the resolution,

Mr. KELSO remarked, that there was a blank to be filled.

Mr. BORDEN moved to amend the resolution by striking out all after the word resolved, and inserting the following: "That the State Printer shall print one thousand copies of the proceedings and debates of the Convention in book form, with an index."

Mr. KELSO said, he was very much inclined to think that they could get along with the Printer they had already elected.

proceedings and debates, and it seemed clear to him, whatever might be said in regard to the printing of the Convention, that the printing ordered by the Legislature should be given to the State Printer. Entertaining this opinion, he wished to have his vote on the question

Those who voted in the affirmative were, Messrs. Alexander, Allen, Anthony, Badger, Balingall, Beard, Bicknell, Bowers, Bracken, Bryant, Butler, Carr, Carter, Chapman, Chenowith, Clark of Tippecanoe, Colfax, Cookerly, Crumbacker, Davis of Madison, Davis of Parke, Mr. BORDEN desired to have the yeas and Davis of Vermillion, Dick, Dobson, Dunn of nays on his amendment. The Legislature, he Jefferson, Dunn of Perry, Duzan, Farrow, Fish-said, had provided a Stenographer to report the er, Foley, Foster, Frisbie, Garvin, Gibson, Graham of Miami, Graham of Warrick, Haddon, Holliday, Hamilton, Harbolt, Hawkins, Helmer, Hendricks, Hitt, Hogan, Holman, Hovey, Howe, Huff, Jones, Kelso, Kent, Kendall of Warren, Kinley, Lockhart, Logan, Maguire, March, Mather, Mathis, McClelland, McFar-recorded. land, Miller of Clinton, Miller of Fulton, Mil- Mr. WOLFE thought the Convention, before ler of Gibson, Milroy, Mooney, Morrison of ordering the printing to be done, should find out Marion, Morrison of Washington, Mowrer, Mur-whether it could be done any cheaper than it ray, Newman, Niles, Nofsinger, Owen, Pepper of Ohio, Pepper of Crawford, Petitt, Rariden, Read of Clark, Ristine, Schoonover, Shannon, Sims, Smiley, Snook, Smith of Ripley, Smith of Scott, Spann, Tague, Taylor, Terry, Thomas, Todd, Vanbenthusen, Wallace, Watts, Wheeler, Wolfe, Wunderlich, Zenor, and Mr. President

-103.

was generally, by transferring the printed matter in the newspaper to the book form. If not, he should move to fill the blank with one copy, which it was requisite should be deposited in the office of the Secretary of State, and let the Legislature attend to the printing of the extra copies. He would inquire of the President if he knew anything about the matter.

Those who voted in the negative were, The PRESIDENT said, he could give the Messrs. Bascomb, Berry, Biddle, Blythe, Bor-gentleman no information on the subject. den, Bourne, Clark of Hamilton, Crawford, Mr. LOCKHART moved to lay the amendEdmonston, Gootee, Gregg, Johnson, Kendall { ment of the gentleman from Allen (Mr. Borden) of Wabash, May, Moore, Morgan, Nave, Prath- on the table. er, Steele, Stevenson, Trimbly, Wiley, and Yocum-23. So the report of the committee was concur-lowing result-yeas 92, nays 25.

red in.

PROCEEDINGS AND DEBATES.

The resolution offered by Mr. MAGUIRE on Saturday, in relation to the number of copies of the proceedings and debates to be printed, was taken up for consideration.

Mr. BORDEN asked for the yeas and nays, and they were ordered and taken with the fol

YEAS-Messrs. Alexander, Allen, Badger, Barbour, Bascom, Beard, Berry, Biddle, Blythe, Bourne, Bowers, Bryant, Butler, Carr, Chenowith, Clark of Tippecanoe, Cookerly, Crawford, Davis of Madison, Davis of Parke, Davis of Vermillion, Dick, Dobson, Dunn of Perry, Duzan, Edmonston, Farrow, Fisher, Frisbie, GarMr. MAGUIRE said, that in offering this res-vin, Gibson, Gootee, Graham of Miami, Graham olution he was influenced by no feelings of ill of Warrick, Haddon, Holliday, Harbolt, Helmer, will whatever to the present State Printer; he Hendricks, Hitt, Holman, Hovey, Huff, Johnson, disclaimed any other motive than that of de-Jones, Kelso, Kent, Kendall of Wabash, Kendall siring to forward the business of the Convention. It was exceedingly important for the Printer to know how many copies were desired by the Convention, as the work would probably progress in connection with the newspaper publication of the proceedings. He made this explanation because he did not wish that it should be supposed that he had brought forward this

of Warren, Lockhart, Logan, Mathis, Miller of
Clinton, Miller of Fulton, Miller of Gibson,
Milroy, Mooney, Morgan, Morrison of Marion,
Morrison of Washington, Mowrer, Murray, Niles,
Nofsinger, Owen, Pepper of Ohio, Pepper of
Crawford, Pettit, Prather, Rariden, Ristine,
Schoonover, Shannon, Sherrod, Sims, Snook,
Smith of Ripley, Smith of Scott, Steele, Steven-

son, Tague, Taylor, Thomas, Trimbly, Van-bution. He trusted some gentleman would benthusen, Watts, Wheeler, Wiley, Wolfe, Yocum, Zenor, and Mr. President-92.

make a calculation, and inform the Convention of the number of copies necessary to be printed. Mr. BORDEN said, that he would state in re

NAYS-Messrs. Anthony, Balingall, Bicknell, Borden, Clark of Hamilton, Colfax, Crumback-ply to the inquiry of the gentleman from Ripley, er, Dunn of Jefferson, Gregg, Hamilton, Har- that he thought, if the Convention should deterdin, Hawkins, Hogin, Howe, Kinley, Mather, mine to have their proceedings and debates pubMcClelland, McFarland, Nave, Newman, Read lished in book form, they should order at least of Clark, Smiley, Spann, Terry, and Wallace. one thousand copies. He supposed that one -25. copy would be supplied to each member and officer of this Convention, one to each member of the last and the succeeding Legislature, one to each of the counties of the State, and one to each of the states of the Union; and he thought the remainder should be placed in the State Library, to be disposed of hereafter, as the Legislature should direct.

So the amendment was laid on the table.
The question then being upon the adoption
of the resolution offered by the gentleman from
Marion, (Mr. Maguire,)

Mr. PETTIT said, that he had voted to lay the amendment offered by the gentleman from Allen on the table, not because he had altered his views as to the correctness of the claim of the State Printer to do the printing of the Convention, but because he thought that the Convention had no authority whatever to authorize the printing of their proceedings in book form; for that reason, also, he should vote against the resolution. The fourteenth section of the act providing for the call of the Convention contained the following language:

"The roll containing the draught of the amended Constitution adopted by the Convention, and the proceedings of said Convention, shall be deposited by the President and Secretary thereof in the office of the Secretary of State, who shall file the same, and cause said Constitution to be entered on record in his office."

While he was up he would avail himself of the opportunity to say a few words as to who should do this printing. He looked upon the proposition of the gentleman from Marion, (Mr. Maguire,) to employ the printer to the Convention to publish their proceedings and debates, as a direct infraction of the law passed at the last session of the Legislature, calling this Convention. He had had something to do with preparing that bill-he did not speak of it boastingly, but simply for the purpose of explaining the views of those who were instrumental in drafting it. Several years since a vote of the people had been taken on the question to call a Convention to revise and amend the Constitution of this State. His venerable friend from Clark (Mr. Read) and himself, had then prepared a bill, to be introduced into the Legislature, calling a Convention. It was introduced by him, in the Senate, and ordered to be printed, and a copy of it sent to him (Mr. B.) by that gentleman. About a year since, the Senator from the district which he represented, and a member of the House of Representatives, from a portion of the district which he (Mr. B.) represented, prepared the bill convoking this assembly, which was finally enacted into a law. They made the bill, originally prepared by his friend from Clark (Mr. Read) and himself, the basis of the present law. Some very important amendments to it were made in the two Houses, particularly in the SenThe question was taken upon the amend-ate, and he had been informed by the Secretary ment of the gentleman from Switzerland, (Mr. Kelso,) and it was not agreed to.

By this clause it was plainly evident, that when the Convention had deposited the journal of its proceedings, and a manuscript copy of the new Constitution in the Secretary of State's office, its work would be ended. There was no authority given for the printing of any number of copies of their proceedings in book form at all. It was upon this ground that he had voted against the amendment proposed by the gentleman from Allen; and it was upon this ground that he should vote against the pending resolution.

Mr. KELSO moved to fill the blank with one thousand.”

The question recurring upon the original resolution,

of State, that it had been so badly engrossed as to have caused some egregious blunders, not only in the phraseology, but also in the substance of the law. One of the important alterMr. SMITH of Ripley said, that he hoped ations made in the Senate, was in regard to the some gentleman was prepared to inform the stenographer. The bill, as originally drawn, Convention as to the number of copies necessa- had left it optional with the Convention to elect ry to be struck off. He supposed every member such an officer or not, as they chose, and to fix of the Convention would be entitled to a copy, his pay. This was struck out, and it was so and that a copy should be deposited in the office amended as to peremptorily require such an offiof the clerk of every county in the State, and a cer; and the power was taken from the Convennumber distributed among the various colleges, tion to appoint him, and was conferred on the libraries, and public institutions of the State. Governor. Provision also was made for the It was necessary to ascertain the number that payment of his services and the mode of that would be wanted for sale, as well as for distri-payment, thus taking the whole matter of the