tee of · Mr. APPERSON offered an amendment obvi ating a conflict of jurisdiction on the part of the committees in regard to county offices, which was agreed to. The number of members of which the com mittees should be composed was fixed at nine, and the amendment of the gentleman from Nel(Mr. C. A Wickliffe,) as amended, was then agreed to. The 12th, 13th, 14th, 15th, 16th, 17th, 18th, and 19th rules were passed without amendment. The 20th and 21st were verbally amended. ery proposition intended to amend it goes to delegates be appointed to be styled the that committee also! Does not every gentleman committee on the Educational Fund, whose duty see the impracticability of the scheme? A thou- it shall be to ascertain the amount of the present sand propositions referred to that committee!-school fund, the character and condition of its Does not every gentleman see that if he intends investment, and to report the same to the Conhis propositions to be discussed and considered vention with such propositions as in their opinby the committee, he must refer it to them, and ion should be incorporated in the Constitution they will decide upon all the questions which rendering said fund inviolable, for the establishwill arise before this House, upon the great ques-ment of a permanent system of Common School tion, as to how the constitution shall be framed. Education. The amendment was adopted. Is it not clear-cannot all see, that we had better have appropriate committees, that will take up each subject, with all the various propositions that would come directly before them, in reference to the particular subject matter under their advisement? Let them report back to the House the propositions they think proper to adopt, and also to be discharged from the consid-son, eration of those that they do not think proper to adopt. I think if the gentleman will reflect, he will see that there is no probability of coming to a conclusion in reference to the important question of doing the business of this convention, unless some such system is adopted. The Parliament of Great Britain never thought of forming a bill in committee of the whole-they establish a great principle there, and the whole matter is referred to a committee to report back The 33d rule providing for a limitation of the the principle, with a well defined law for the time in which a motion to reconsider shall be country. My judgment is-and I have no other made, was so modified as to provide that a Delmotive except to get the best mode-clearly in egate voting in the majority, might move a refavor of adopting committees, who would settle consideration on the day on which a question on correct principles, and then put the constitu- was decided, and that if it were not made on tion in correct form. Every proposition could that day, one day's notice of the intention to be sent to a committee of the whole, if gentle-move a reconsideration, should be required to be men desired it, and be discussed there. If committees are appointed and the gentleman desired to have his proposition discussed in committee of the whole, it would go there from the courtesy the convention would extend to it, even were it not for the admirable power that the gentleman has of charming the convention by his eloquence, which would always be an inducement to refer his proposition there. I trust the proposition either of the committee or of the gentleman from Nelson will be adopted. The question was then taken on the substitute offered by the gentleman from Bourbon and it was rejected. The 22d was so amended as to provide that "every member who shall be in the Convention when his name is called, shall give his vote. The rules from 23 to 32 inclusive, were passed without amendment. given. The rules from 34 to 47 inclusive, were passed without amendment. The 48th rule providing that "no original proposition, proposing any amendment to the present Constitution, shall be discussed on its merits, in the Convention, until it shall have been referred to some appropriate committee," was stricken out. The 49th rule, which provides that "no person, except the members, officers of the Convention and ladies, shall be admitted within the doors of the Hall; nor shall any person except the members and officers, be admitted upon the The question then recurred on the amendment floor, without the permission or invitation of of the gentleman from Nelson, (Mr. C. A. Wick-the presiding officer," was amended on the moliffe.) Mr. GRAY offered the following as an additional resolution, and as an amendment to the proposition of Mr. C. A Wickliffe. Resolved, That a committee of - be appointed to report what amendments or changes are necessary to be made in the Constitution of Kentucky in relation to the mode of revising and amending the Constitution of Kentucky in relation to slaves. Mr. C. A. WICKLIFFE accepted the amend ment. tion of Mr. C. A. Wickliffe, so as to give the right of admission to the floor, to the Governor of the Commonwealth, the Leiut. Governor, Judges of the Court of Appeals, and such persons as may have filled either of those offices. The rules from 50 to 59, were passed without amendment. On the motion of Mr. BROWN, an amendment was inserted, providing for the taking of the yeas and nays, on the call of any two Delegates. Mr. IRWIN moved an amendment, to provide that the previous question shall bring the ConMr. CHAMBERS offered as a substitute for vention to a direct vote upon not only "amendboth the original proposition and the amendments reported by a committee, if any; then upment, a proposition to appoint six committees to on pending amendments"-but upon "amendwhom the various articles of the Constitution, ments proposed," before voting upon the main and the amendments proposed thereto should be question. referred. The amendment was rejected. The amendment was not agreed to. Mr. T. J. HOOD offered as an additional reso- The series of rules reported by the special comlution, an amendment providing that a commit-mittee, was then adopted as amended; and on the motion of Mr. MERIWETHER, a hundred and twenty-five copies were ordered to be print ed. ANOTHER CONTESTED SEAT. Mr. GAITHER, by unanimous consent, presented a memorial of Mr. Joseph Lecompte, setting forth that he was entitled to the seat of the Delegate from Henry county, now held by Mr. Nuttall. The memorial at his request was laid on the table for the present. On the motion of Mr. HARDIN, the projet of a Constitution submitted this morning by Mr. Hargis, was referred to the committee of the whole, and ordered to be printed. The Convention then adjourned. MONDAY, OCTOBER 8, 1849. Prayer by the Rev. Mr. NORTON. CHANGE OF THE COMMITTEES. Mr. MERIWETHER said that on examina No. 5. The committee on the Court of Appeals.Messrs. Chas. A. Wickliffe, Richard Apperson, Richard L. Mayes, George W. Johnston, Alfred Boyd, Henry R. D. Coleman, William N. Marshall, Henry B. Pollard, Benjamin F. Edwards, and Robert D. Maupin. No. 6. The committee on the Circuit Courts.Messrs. Ben. Hardin, Martin P. Marshall, Thomas W. Lisle, Mark E. Huston, Ira Root, William D. Mitchell, William Bradley, Richard D. Gholson, James M. Nesbitt, and John Hargis. No. 7. The committee on the County Courts.Messrs. Francis M. Bristow, William C. Marshall, James W. Stone, Charles C. Kelly, Thomas James, Vincent S. Hay, Luther Brawner, Charles Chambers, Selucius Garfielde, and Thomas J. Gough. No. 8. The committee on Miscellaneous Provisions.-Messrs. John W. Stevenson, John H. MeHenry, Thomas P. Moore, Ninian E. Grey, James S. Chrisman, Alexander K. Marshall, Jonathan Newcum, George W. Kavanaugh, Thomas D. Brown, and John. Rogers. Edward Curd, John S. Barlow, Chasteen T. No. 9. The committee on the Revision of the tion it would be found that the committees as at Constitution, and Slavery.-Messrs. David Meripresent organized by the rules, under the amend-wether, John L. Ballinger, William C. Bullitt, ment of the gentleman from Nelson, (Mr. C. A. Wickliffe,) did not provide for nine members of the convention. That is, there would be nine delegates not embraced on any committee. He would therefore move that one member be added to each of the standing committees except the first, which would provide for every member of the convention. This was agreed to. Mr. HARDIN then proposed the following: Resolved, That a select committee of nine delgates be appointed, whose duty it shall be to enquire into the public debt of the State, the best practicable mode, not only to prevent its future increase, but to liquidate the same by the time it shall fall due. This resolution was agreed to. STANDING COMMITTEES. The PRESIDENT then announced the following standing committees: No. 1. The committee on the Executive, for the State at large.-Messrs. Archibald Dixon, Garrett Davis, Elijah F. Nuttall, George W. Mansfield, Peter Lashbrooke, Hugh Newell, Thomas Rockhold, Ignatius A. Spalding, and Nathan McClure. No. 2. The committee on the Executive and Ministerial Offices, for Counties and Districts.Messrs. Squire Turner, George W. Williams, Robert N. Wickliffe, John J. Thurman, Nathan Gaither, John Wheeler, Alfred M. Jackson, James Rudd, Michael L. Stoner, and Henry Washington. No. 3. The committee on the Militia.-Messrs. Lucius Desha, William Johnson, James Dudley, Milford Elliott, Johnson Price, Green Forrest, James P. Hamilton, William Hendrix, Wesley J. Wright, and Andrew S. White. No. 4. The committee on the Legislative Department.-Messrs. Beverly L. Clarke, John D. Morris, Thomas N. Lindsey, Willis B. Machen, Wm. R. Thompson, William Preston, James H. Garrard, Benjamin Copelin, William Cowper, and Howard Todd. No. 10. The committee on Education.-Messrs. John D. Taylor, Thomas J. Hood, Philip Triplett, William K. Bowling, John T. Robinson, Silas Woodson, John L. Waller, William Chenault, Albert G. Talbott, and Larkin J. Proctor. AMENDMENT OF THE RULES. Mr. MERIWETHER asked the unanimous consent to amend the tenth rule so as to supply an omission as to the number of delegates that should constitute a quorum to do business. Consent was given, and he moved that a quorum shall consist of at least two thirds of the delegates elected. This was agreed to, and the rule was so amended. THE CONTESTED SEAT. Mr. GAITHER enquired if there had been any standing committee on elections appointed, and if not, why it had been omitted. Mr. MERIWETHER said that when the committee on rules were appointed, they had received no intimation that there was to be any contested elections, and therefore did not provide for such a committee. He would further inform the gentleman that the usual practice had been to constitute a select committee for the purpose to which the gentleman had alluded. different, and that it was usual in all deliberaMr. GAITHER said that his impressions were tive bodies to have a standing committee on the subject. It was not constituted expressly for the consideration of contested seats, but as a channel through which all matters in reference to elections should be brought distinctly before the convention. If there was not a committee provided of that character, and if it was in order, he would move that such a committee be now provided. The PRESIDENT said that it would be in order. Mr. GAITHER then moved to add a standing committee, to consist of five delegates, on the subject of elections. The motion was agreed to. Mr. GAITHER then moved that the memorial of Mr. Joseph Lecompte, claiming the seat of Mr. Nuttall, presented by him on Saturday, be referred to the committee just provided for. APPOINTMENT OF A MESSENGER. Mr. MERIWETHER moved that the sergeantat-arms be authorized to employ some lad as a messenger to assist him in the discharge of his duties. It was usual to allow that officer this assistance in the legislature. After a few words from Mr. HARDIN in favor The memorial was so referred, after being read of the motion, it was agreed to. as follows: PROPOSITIONS TO AMEND. To the honorable, the constitutional convention of Mr. IRWIN offered the following, which, on Kentucky, now assembled in the city of Frank-his motion, was referred to the committee on the fort. Your memorialist, JOSEPH LECOMPTE, a citizen of Henry county, Kentucky, claims that he is entitled to membership in your honorable body, in exclusion of Elijah F. Nuttall, Esq., who now occupies a seat upon the floor of said body, claiming to represent the county of Henry; and your memorialist shows the following causes upon which he predicates his claims. legislative department, and ordered to be printed. 1. Resolved, That some constitutional reform and restriction should be made upon the subject of the future formation of new counties in Kentucky. 2. Resolved, That the house of representatives in Kentucky ought not to consist of a greater number of representatives than sixty five, nor should the senate consist of a greater number of senators than thirty. Mr. MAYES offered the following, which, on his motion, was referred to the committee having charge of the subject of county courts, and was ordered to be printed. 1st. Your memorialist avers, that he was a candidate for membership in your body at the last August election in Henry county, and that your memorialist having all the legal qualification for membership, as aforesaid, and being op1. Resolved, That the Legislature of Kentucky posed by the said Nuttall, was elected over the said Nuttall, by having a majority of all the le- ought not to meet oftener than once in three gally qualified voters, who voted at said elec-years; and that the Governor, upon extraordination, to vote for your memorialist, over said y occasions, should have power to convene that body in extra session. Nuttall. 2d. Your memorialist avers, that the pollbooks of all the places of voting in Henry county, do, in fact, show upon their face, that your memorialist did receive a majority of the total number of votes cast at said election; and he claims in virtue thereof, that he is entitled to the seat as the delegate for Henry county. 3d. Yet, nevertheless, your memorialist avers, that the returning officer, who was entitled to certify the election of the delegate who might be elected, certified to the Secretary of State that the said Nuttall was elected; and, in virtue thereof, the said Nuttall hath taken his seat in your honorable body; when, in fact, your memorialist avers, that the said poll-books show your memorialist to have been entitled to said certificate by ten votes: but your memorialist avers that he is entitled to said seat for other reasons: he charges, 4th, That voters voted for said Nuttall who were not citizens of the county of Henry at the time of voting. 5th. That voters duplicated their votes for said Nuttall. 6th. That persons, who were under the age of 21 years, voted for said Nuttall. 7th. That citizens of Shelby county voted for said Nuttall. 8th. That, in these and other respects, there were two hundred illegal votes for said Nuttall. Wherefore, your memorialist prays that the proper steps may be set on foot to ascertain the truth of the case, and that your honorable body will declare your memorialist entitled to a seat 2. Resolved, That whenever the legislature shall continue in session longer than fifty days, the pay of its members should be reduced to one dollar per day, for every day the session shall be extended beyond fifty. 3. Resolved, That in lieu of the present system of appointing jutsices of the peace, in Kentucky, each county in the State should be laid off into convenient magistrate's districts; that the qualified voters of each district should, at stated times, by vote, elect some qualified person, residing in the district, to the office of justice of the peace for such district, who should be commissioned by the Governor, and hold said office tion. years; and he should be eligible to re-elec 4. Resolved, That should any justice remove from his district, his office should thereby be vacated, and another elected in his place. and exercise all the jurisdiction now legally ex5. Resolved, That said justices should have ercised by justices of the peace. 6. Resolved, That in place of the now existing county courts in Kentucky, a court should be erected and established in each county to be called court, to consist of a judge, or judges, (the number should not exceed three,) to be elected at stated times by the votes of the qualified voters of each county, and to be commissioned by the Governor, and to hold his or their office years. This court should have and exercise jurisdiction in all matters now properly belonging to the county courts; and appeals should be allowed to it from the decisions of the justices in the country. Mr. THOMPSON offered the following, the first of which, on his motion, was referred to the committee on the mode of amending the constitution, and the second to the committee on the miscellaneous provisions of the constitution, and | tions, referred to by the gentleman, should he both were ordered to be printed. now considered. 1. Resolved, That the mode of amending the con- Mr. C. A. WICKLIFFE said that it had been stitution, by convention, is the correct and prop- suggested to him that the delegate from Bourbon er one, which has been sanctioned by experience (Mr. Davis) was not in his seat, and that, perunder the old and the present constitution. haps, it was not proper to consider the subject 2. Resolved, That the committee on the miscel-in his absence. He had offered this resolution laneous provisions of the constitution be instruc- from no desire to create discussion upon it, alted to enquire into the expediency of adding the though it was one of those questions, when infollowing section to that part of the constitution dicated in the shape of the resolutions of the to them referred, viz: Any person who shall, af- gentleman from Bourbon, calculated to excite ter the adoption of this constitution, fight a duel, some degree of distrust in the public mind in or knowingly be the bearer of a challenge to advance of the labors of the convention. He fight a duel, or send or accept a challenge for supposed that the public sentiment of Kentucky, that purpose, or be an aider or abettor in fight-in reference to the right of suffrage, had been so ing a duel, shall be deprived of the right to hold any office of honor or profit in this Commonwealth, and shall be deprived of the right of suffrage, and shall be punished otherwise, in such manner as the legislature may prescribe. gentleman from Bourbon should return. long and so decidedly fixed, that they would not be called upon here to review the work of their predecessors. He knew of no question on which public feeling was more likely to be excited than upon these resolutions. If it was the pleasMr. MERIWETHER offered the following, ure of the convention, he was willing to postwhich, on his motion, was referred to the compone the consideration of the matter until the mittee of the whole, and ordered to be printed. 1. Resolved, That it is expedient to provide for the election of members of the state senate for the term of four years, and members of the house of representatives for the term of two years. That the legislature shall convene but once in two years, unless for special reasons, convened by proclamation of the governor. That the members shall receive a daily compensation to be fixed by law, but that no member shall receive compensation for more than sixty days of any one session, which compensation shall not be increased so as to take effect during their continuance in office, Mr. HARDIN concurred very much with his colleague in his opposition to the resolution of the gentleman from Bourbon, yet, as a matter of courtesy to that gentleman, he hoped it would not now be taken up. Mr. DIXON was very anxious for the discussion of the resolution, for it embodied very nearly the principle of the one he had himself the honor to submit, but he was desirous that the discussion should be postponed until the return of the gentleman from Bourbon. That gentleman, he was satisfied, desired a discussion of this question. The gentleman had thrown down 2. That it is expedient to provide that the the gauntlet to his friend on the deft, Mr. C. A. governor and lieutenant governor, members of Wickliffe and himself, and they had taken it up both branches of the legislature, and congress, very promptly he believed. He was, therefore, be elected on one and the same day; and all oth-not disposed to have any fight.whilst his friend er officers, whether executive, judicial, or minis- from Bourbon was absent. terial, elected by the people, be elected on the coresponding day of the next succeeding year, so as to effectually separate the elections of gov ernor, lieutenant governor, members of both branches of the legislature and congress, from that of the other executive judicial and ministerial officers: Provided, That the governor, lieutenant governor, senators, judges of the superior and inferior courts, and such other officers whose terms of office may exceed two years, shall be so arranged as to cause their election to be held on the day and in the year as provided for in this resolution. Mr. C. A. WICKLIFFE had no objection to the postponement of the subject. Its consideration was then further postponed accordingly. PRESIDENT PRO TEMPORE. The PRESIDENT here requested Mr. DIXON to take the Chair, and preside for the residue of the day. ORDERS OF THE DAY. The consideration of the resolution of the gentleman from Boone, (Mr. Chambers), offered on the 5th inst., in reference to the order of business-being next in order, 3. That it is expedient to prohibit the manumission of slaves within this commonwealth, Mr. CHAMBERS moved that they lie on the unless ample security be provided for their re-table-remarking that the action of the convenmoval and remaining without the limits of this tion directing the formation of committees had state. And that provision be made for the re- dispensed with any necessity that existed for moval of all free persons of color from the state, their adoption. and to prevent the future immigration of any such persons to the state. THE ELECTIVE FRANCHISE. They were so disposed of. Mr. IRWIN said that there had been a good many propositions presented to the house, of Mr. C. A. WICKLIFFE said that if there was which no disposition had as yet been made. no other gentleman who desired to present any He would move therefore that they be now taproposition, he would call up his resolutions, sub-ken up and referred either to the standing committed the other day, on the subject of the elec-mittees or to the committee of the whole, as tive franchise. might be the pleasure of the convention. The PRESIDENT said that unless some objection should be made, he would consider it to be the sense of the convention that the resolu This suggestion was agreed to, and under this arrangement the resolutions of Mr. Gholson, offered on the 5th inst., in reference to the ab olition of special pleading of the chancery | executive and ministerial offices of counties courts, trial by jury, etc., were referred on his and districts. No. 3, the committee on the milimotion, to a select committee of five. The PRESIDENT designated the following gentlemen as the select committee: Messrs. Gholson, Clarke, Triplett, C. A. Wick-courts. liffe and Bristow. The resolution of Mr. Dixon, proposed on the 5th inst., in reference to the election of judicial officers, was referred to the committee on circuit courts. AN EXPLANATION. W. N. HALDEMAN : FRANKFORT, October 5. tia. No. 4, the committee on the legislative department. No. 5, the committee on the court of appeals. No. 6, the committee on the circuit No. 7, the committee on the county courts. No. 8, the committee on miscellaneous provisions. No. 9, the committee on the revision of the constitution and slavery. No. 10, the committee on education. No. 11, the committee on elections. SLAVERY A SPECIAL ORDER. Mr. CLARKE. Mr. President: Upon referring Mr. TURNER believed that the resolutions he to the Louisville Courier of Oct. 6, I think it pos-offered the other day were referred to the comsible that I may not be correctly reported, or mittee of the whole, without a time being fixed that my vote does not stand correct on the jour- for their consideration. He did not propose to nals, and I rise to ask the attention of the con- take up the whole series, at any one time, but vention to a brief explanation. In a letter writ- desired to have the one relating to slavery taken ten from this city to the Louisville Courier, I up on Wednesday next. His reasons were that find the following passage: there had been a committee appointed on that subject, and various resolutions submitted here in regard to it. Some proposed to allow the "As I informed you by telegraph yesterday, the unrestricted importation of slaves, others to prosages from a hundred counties now assembled in vide a constitutional restriction on the subject, the present capital of Kentucky, very summarily while a third class were for giving to the legisladisposed of the Courier case, by refusing to re-ture all power in regard to the importation of consider the vote, and thus preventing a direct slaves. On these questions there was likely to vote by the calling of the ayes and noes upon be considerable diversity of opinion, and he Col. Preston's resolution. I regret this-as I desired for many reasons, to know explicitly the position of every member upon the issue presented. However, the vote upon reconsider ing is almost a test vote, every member voting against the reconsideration, being opposed to granting your reporter a seat, and every member, except Messrs. Nuttall, Clarke, and probably one other, who voted for the reconsideration, was in favor of granting the application." I have merely risen for the purpose of standing right on the subject. Through courtesy to my friend from Louisville, Mr. Preston, who was desirous to take the sense of the house by a call of the ayes and noes on his proposition to admit the correspondent of the Louisville Courier to a seat on this floor, I made the motion to reconsider, but I afterwards voted against it. I do not know whether the journals so represent me or not, but this letter places me in the attitude of having voted for the reconsideration. I did not so vote, and I desire to make the statement here, that the repudiation may be as public as the charge. pre deemed it proper before any standing committee The motion was agreed to. TUESDAY, OCTOBER 9, 1849. PROPOSITIONS TO AMEND. Mr. TALBOTT submitted the following, and moved that it be referred to the committee on slavery, and printed. 1. Resolved, That it will be expedient to incorporate into the constitution this convention is about to form, a clause that it may be amended specifically on all subjects not involving the right of property. Mr. PRESTON. My recollection accords cisely with that of the gentleman from Simpson. I regarded the motion as merely an act of courtesy extended to me so as to afford me an op- all other questions involving the right of prop2. Resolved, That the question of slavery, and portunity to call for the ayes and noes, which I had neglected to do. At the same time, if I un-erty, shall not be reached, except through the call of a convention. derstood anything of the gentleman's views, they were adverse to the admission of the reporter. 3. Resolved, That no specific amendment shall With these statements, the matter was drop-stitution this convention may adopt, except upon be adopted, or convention called, under the conped. DESIGNATION OF THE COMMITTEES. the recommendation of at least two thirds of both branches of the legislature for two succesMr. APPERSON, offered the following reso-sive sessions, and afterwards sanctioned and lution with a view of more specifically designating the committees, and it was adopted. Resolved, That the standing committees shall be called and known by the following names: No. 1, the committee on the executive of the state at large. No. 2, the committee on the ratified by a direct vote of the people, a majority of all the qualified electors in the State voting for the same. Mr. NEWELL suggested to the gentleman from Boyle, that an enormous sum would be expended by so much printing, and he enquired |