Mr. C. A. WICKLIFFE. I shall vote for this | members in the Convention, and it is proposed amendment in accordance with what I think has that there be eleven committees, consisting of been the proper and uniform course in all deliber- nine members each. Nine times eleven are nineative bodies. Almost the entire business in com-ty-nine, which will comprehend every member mittee of the whole is matter of debate, and in that of the Convention, exclusive of our President.we should have the benefit of the assistance of the presiding officer. But I think that in forming rules for this House we should follow established usages, and that the presiding officer should not be permitted to originate business. Surely it could never be desired to bring the presiding officer into personal collision with the members of the body. I think we had better pursue the beaten track; it is always the safe course.

If every article of the old Constitution is to be the subject matter of alterations, it appears to me that the division of labor here proposed, will be very unequal. There have been several suggestions regarding the proper division of the labor which is to be performed by us, and it is possible that the one which the committee have recommended is the best. I do not think so, however, and I will endeavor to point out a few reasons why I do not think so. I do not suppose it is a matter of very great consequence to members of this body, to be upon a committee for remodelling or amending that which requires no amendment, where there is nothing for the committee Mr. MCHENRY called for a division of the to do, except to transcribe and report the proviquestion and the yeas and nays on the first branch. sion assigned to them precisely as it stands alHe said, I do not desire to debate this question. ready, Such, I apprehend, will be the case in I will only make the suggestion, that I do not regard to the bill of rights. I doubt whether believe the gentleman need apprehend any such there is any disposition on the part of the Conimpropriety of conduct on the part of our presi-vention, to make any alteration in that so far as ding officer as has been suggested.

Mr. DAVIS. I will only remark that I consider this to be an innovation, and I consider with the gentleman from Madison, that there are strong reasons why the innovation should not be adopted.

There has been no exhibition of party feeling in this body hitherto, except in the election of a President, but I caution the majority, that this grant of additional power to the President give rise to a suspicion that they are willing to promote party purposes.

may

Mr. MERIWETHER. Barely one suggestion and it is, that the majority here have not yet choson guardians over them.

Mr. PRESIDENT. Before proceeding to put the question, I will remark that I did not know that this proposition was to be made until it was announced to the House this morning. I further ask leave of the Convention to be excused from voting upon it.

Mr. MCHENRY. I will only remark that, I did not suppose that you had any such knowledge. I did not mean to insinuate any such thing. The yeas and nays were then taken, and were yeas, 52, nays, 43. So that the amendment was adopted.

the crossing of a T, or the dotting of an I. The committee then, to which that portion of the Constitution will be referred, will have nothing to do; whilst others will have important alterations to make in the parts assigned them.

The partition of labor then, by this method, will be very unequal. It was not without attention to the provisions of the Constitution, that I attempted to partition the labor according to the partition of the various powers of the government, regarding which our judgments have been and will continue to be divided. But without detaining the Convention further with these illustrations, let gentlemen turn their attention to the eighth article of the Constitution. It is as follows:

"The seat of government shall continue in the town of Frankfort until it shall be removed by law; provided, however, that two thirds of afl of the members elected to each House of the General Assembly shall concur in the passage of

such law."

The 7th rule was amended on the motion of The time has been, sir, when a much younger Mr. C. A. Wickliffe, by substituting the word man than I am now, that a position upon such "plurality," for the word "majority." So that committee, and, above all, the privilege of forma plurality of votes in the Convention may ap-ing such committee, would have been very agreepoint committees.

able to me. It is one of those committees that The 8th rule was passed without amendment. I would like to have a hand in making, and I The 9th rule was amended on the suggestion have no doubt that my colleague would like to of Mr. Meriwether, by the substitution of the have such a privilege, although I believe that he words "presiding officer," for the word "Presi is in favor of a different place from that which I dent," so that a gentleman appointed to preside should choose, to which the seat of government, in the absence of the President might have pow-if removed at all, should be carried. If the priver to clear the galleries in case of disturbance ilege were given to me to form a committee to or disorderly conduct. whom this subject should be confided, I could bring together a very formidable corps of advo cates for any particular location that I might choose to designate. Therefore it appeared to me, sir, in reference to even this subject, important or unimportant as it may be regarded, as well as in reference to one or two of the general provisions of the Constitution, that it would be proper to make a different distribution of the labors of the committees from that which has been proposed by the committee on rules. We necessarily call into the committee rooms from

The 10th rule was passed without amendment. The 11th rule which provides for the appointment of standing committees on the various articles of the Constitution, was then read for consideration.

Mr. C. A. WICKLIFFE. This rule must be regarded, I suppose, as a division of the labor of this body among the committees enumerated here. Therefore it becomes a matter of some importance, before we adopt it, to consider what its effect and operation will be. We have a hundred

different sections of the State men who will bring to bear their intellect and their industry, and not have more than their due proportion of labor. Very many of the miscellaneous provisions of the Constitution will not have to be touched in the way of alteration, but merely transcribed. For these reasons I thought it necessary to make these suggestions in reference to a different division of duties. It may, perhaps, be deemed egotistical in me to set up my opinions in opposition to those of the committee and to suggest a different division of labor, but I think it will be apparent, when gentlemen examine the subject, that a different distribution would be attended with much advantage. In regard to the preamble of the Constitution, for instance, what is there for a committee of nine men to do but to direct their clerk to transcribe it. With a view then of obtaining the sense of the Convention regarding a different distribution, I move to strike out so much as relates to the appointment of committees, and to insert so much of the resolution which I offered the other day, as relates to this subject.

of the Convention, will have no more power against the weight and influence of the committee, in any attempt to overrule or controvert any proposition submitted by the standing committee, than he would have to do any thing that is perfectly impracticable. Sir, it is wrong to work by committees in forming a Constitution. It is right that we should work by Convention, all of us together, that every man in the Convention may hear what every man has to say, and every man be free to present his own proposition and stand by it to the last.

Besides all this, we will, by taking this course, save a great deal of time. We can go to work tomorrow. We can take up the old Constitution, and examine it article by article, section by section, line by line. We can re-adopt that which we consider ought to be re-adopted, and we can modify that which we think ought to be modified. How many amendments will be required to be made to the old Constitution? I apprehend that it is not to be entirely changed. Where then is the necessity for having a committee to examine every article of that Constitution, and to devise something which the people have never conceived of, and which will be perhaps utterly repugnant to them, when devised by the committees of this Convention.

What have we to do? The people desire but few alterations; they ask for but few; we have come here with the view only of making those few, and I know of no platform upon which I would rather work, than the old Constitution.Although I have ever been in favor of Constitutional reform, and am so now, I know of no platform upon which I would rather work, than the old Constitution. There are many of its provisions which I desire to preserve, and I am not willing that new propositions shall be urged upon this Convention, with all the power and influence of a committee, which may be unacceptable to a majority of this Convention, and yet that majority be unable to control the work of

the committee.

Mr. WILLIAMS. I suppose now is as proper a time as any other, for the consideration of the question, whether this Convention will go about its work through committees,-selected by the Chair or in any other form, or whether it will go about it in committee of the whole. It seems to me, that if we are determined to do our work with dispatch, and with a proper understanding of what we have to do, and come to a fair and proper conclusion upon every question that is to be presented by every member of this Convention, the right way to do it, is to do it first in committee of the whole. I know of no other plan. My mind can suggest no other; although I know that there is an opinion prevalent in this Convention, in favor of submitting every thing to committees. Some gentlemen would have committees to do that work which the Convention should do itself. I know of no plan by which the work could be so well and so expeditiously done, as it could be in committee of the I think we can do the work in a shorter time whole. In addition to this fact, there are other by doing it in Convention, and that we can do reasons why this Convention should not resolve it in a manner more satisfactory to ourselves, by itself into committees, to do the work of the Con- resolving ourselves into a committee of the vention. I find the reasons, indicated by the whole, and taking up the old Constitution as I gentleman from Nelson, as to the impropriety of have already intimated. Therefore, I have subraising a committee in reference to the removal mitted this proposition. Whether it will meet of the seat of government, amply sufficient to with a favorable reception on the part of the satisfy my mind, that this work should be done Convention, of course I cannot tell; but it does in Convention, and not through committees.-appear to me to be the more reasonable and The reasons which present themselves to the gentleman's mind, in reference to the seat of govern Convention to be engaged with in the meantime? If we go to work by committees, what is the ment, will apply with equal force, to every proposition which any gentleman in this Conven- When are the committees to report? This Contion may have to make. When sub-committees Vention, to be divided off into eleven commitdo the work, the Convention loses its power of tees, composed of nine members each, and the control over the work of those committees. Convention, I suppose, to be dissolved until They will be organised in such manner, as that those committees report. We will meet, I supthe force and influence and power and talent, to pose, each day as a matter of mere formality, be found in this Convention, will be brought to and wait too, three, or four weeks until the combear upon particular propositions. Not that the mittees are prepared to report. And when those Chair will intentionally make such an organiza- reports shall have been laid before us, will they tion, but that will be the necessary result of hav-not have to be considered in Convention? They ing the work done through committees. All the talent and influence will be brought to bear in these committees, in order that they may carry out particular objects; and individual members

proper course to be pursued.

will still have to be gone over. Then, why not begin at once in Convention? It seems to me that it would be far better.

The Convention then adjourned.

2. The members of the House of Representatives shall continue in office for the term of two 3. Resolved, That the provisions of the pre-years from the commencement of the general sent Constitution, upon the subject of slavery, be retained, and inserted, without alteration, in the Constitution about to be framed.

of

every second year. The Senate shall | Assembly, according to the number of qualified also meet at the same time and place every se-voters in the State. The General Assembly shall cond year, and shall be chosen on the first Mon-never consist of more than one hundred memday in August every four years, but shall only bers in the House Representatives, nor more assemble at the same time and place of the meet-than thirty eight Senators. At the first session ing of the members of the House of Representa- of the General Assembly, after the taking effect tives.

4. The General Assembly, as aforesaid, shall not continue in session more than forty days, unless upon extraordinary occasions, the Governor, by proclamation, should think proper to continue them in session longer, but, în no instance, shall the session be prolonged over sixty days.

of this Constitution, they shall lay off the State into as many senatorial districts as there may then be Senators, and apportion the representation in the House of Representatives and Senate amongst the several counties, towns, cities, and districts, to which the State is entitled.

13. The General Assembly shall have no power to pass any law for the emancipation of slaves 5. The General Assembly shall have no pow-while they remain in this State. They may pass er to grant divorces, or pass any law dissolving laws to emancipate slaves, saving the rights of the marriage contract; nor shall they have power creditors, with the consent of their owners, upon to pass any act or law for individual or private condition that they are not to be free until they benefit, unless four fifths of all the members of leave the borders of this State; and, upon conboth houses concur in the passage thereof. dition, that if such emancipated slave, or slaves, should ever return into Kentucky, that he, she, or they, are to be taken up and sold for the benefit of the State Treasury.

6. They shall pass laws establishing in each and every county in this State at least five election precincts; and in every city or town, entitled to one or more members, they shall establish at least three election precincts, and more if the Legislature should think proper. All elections shall be held at the time and places established by law.

7. No person shall be a Representative who, at the time of his election, is not a citizen of the United States, and hath not attained to the age of twenty four years, and resided in this State two years next preceding his election, and the last year thereof in the county, city, or town, for which he may be chosen.

8. No person shall be a Senator who, at the time of his election, is not a citizen of the United States, and who hath not attained to the age of thirty five years, and resided six years in this State next preceding his election, and the last year thereof in the district for which he may be

chosen.

9. In all elections for all and every officer in this Commonwealth, who are by this Constitution to be elected by the people, and also for members of Congress, or President of the United States, or Vice President, every free white male citizen who, at the time being, hath attained to the age of twenty one years, and resided in this State one year, or more, and in the county, city, or town, where he offers to vote at least four months, shall be entitled to vote for all and either of said officers, except foreigners not naturalized, and persons convicted of felony and not pardoned.

14. The General Assembly may pass laws prohibiting the importation of slaves into this State for the purposes of sale, but shall pass no law prohibiting their importation, if acquired by gift, grant, or devise by will, or otherwise : Provided, the same is solely and bona fide for the use of the importer. Laws may be passed to compel owners of slaves to treat them humanely.

15. In apportioning the representation for Representatives to both houses of the General Assembly, where one county does not contain the number of qualified voters required by law to elect a Representative or Senator, in that case, two or more counties may be joined together (which counties must lie joining each other) for the purposes of electing a Senator or Representative. The number of Representatives at the first session of the General Assembly, after this Constitution takes effect, shall consist of one hundred members, and the Senate of to be apportioned as directed in the twelfth section of the second article of this Constitution: Provided, that when two or more counties adjoining, have residuums over and above the ratio, when fixed by law, if said residuums, when added together, will amount to the ratio fixed, in that case, one Representative shall be added to that county having the largest residuum.

16. The House of Representatives shall choose its Speaker and other officers.

17. The apportionment of representation for members to the General Assembly, and the lay10. At the first session of the General Assem- ing the State off into corresponding or suitable bly after this Constitution takes effect, the Sen-districts, shall be done every four years. ators shall be divided by lot, as equally as may be, into two classes; the seats of the Senators of the first class shall be vacated at the end of the second year, so that half of the Senators shall be elected every second year.

18. The Congressional Districts should be laid off and the apportionment made every ten years, containing the ratio, or number of qualified voters, agreeably to the laws of the United States, for the purpose of electing members to Con

11. The first election for Senators, after this Con-gress. stitution takes effect, shall be general throughout the State and at the same time that Representatives are elected; and thereafter there shall be a biennial election for half the number of Senators to which the State is entitled.

12. Representation shall be equal throughout the State as near as may be, agreeably to the ratio as laid, from time to time, by the General

19. Not less than a majority of the members of each house of the General Assembly shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and shall be authorised by law, to compel the attendance of absent members, under such rules and penalties as they may prescribe.

20. Each house of the General Assembly shall

The attention of gentlemen will undoubtedly be engaged in regard to the mode of electing officers, and the offices would be naturally classi28. No officer of any kind whatever, shall be fied into those of a local and those of a general eligible to a seat in the General Assembly, until character. I hope to be able to show, when the he has obtained a quietus or receipt for all the time comes, that this will be the only practicable moneys due, or owing from him, to the Common-mode by which we can conduct those elections wealth, or to the county in which he resides.