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"That the committee on the Judiciary be requested to inquire into the expediency of so amending the constitution as to abolish capital punishment forever-and that the pardoning power be taken from the governor in all cases where the punishment by the present constitution is death." On motion of Mr. Hayes,

The resolution and amendment were referred to the committee on Law Reform.

On motion of Mr. Thornton,

Resolved, That the committee on Law Reform be requested to inquire into the expediency of so amending the constitution as that testimony in suits in courts of equity be taken in the same manner as in suits at law. Mr. Moffett offered the following:

Whereas the people of this state have been imposed upon by the depreciated currency of other states-to partially remedy this evil,

Resolved, That from and after the first day of January, 1849, no bank bill shall be passed in this state, of a less amount than twenty dollars, and, in the event of a bank being established in this state, it shall not issue any bill of a less denomination than twenty dollars.

Mr. Prait moved to amend the same by substituting therefor the following:

Resolved, That the committee on Incorporations be instructed to report such provisions as will effectually prohibit the power of the legislature to create, or authorize any individual, company, or corporation with banking powers in this state.

Resolved, That said committee inquire into and report to the convention such provisions as are best calculated gradually to exclude from and prohibit the circulation in this state of bank bills under the denomination of twenty dollars.

Mr. Hurlbut moved to amend the amendment by striking out all after "resolved," and adding:

"That the committee on Incorporations be instructed to inquire into the expediency of so amending and altering the 21st section of article 8th of the constitution, as to provide for the institution of a system of general banking laws, similar in principle with the propositions lately adopted in the constitution of the state of New York."

On motion,

Ordered, That the article of the constitution of the state of New York, relating to corporations, be read.

Mr. Markley moved that the pending amendment to the amendment be laid on the table until the 1st of January next.

On motion,

The convention adjourned to 9 o'clock, to-morrow morning.

4

WEDNESDAY, JUNE 16, 1847.

Convention assembled pursuant to adjournment.
Prayer by Rev. Mr. Dresser.

The journal of yesterday was read.

Mr. Evey presented a petition of forty-nine citizens of Shelby county, praying that the number of senators and representatives be decreased to the number of seventy-five-that their per diem pay be fixed at two dollars, and to limit the length of sessions to sixty days, except upon extraordinary occasions, &c.

On motion of Mr. Evey,

The petition was referred to the committee on Miscellaneous Subjects and Questions.

Mr. Z. Casey, from the committee on Revenue, reported the following resolution, and recommended its adoption:

Resolved, That the auditor of public accounts be requested to report to to this convention:

1. The amount paid to the members of the last general assembly on account of their compensation per diem.

2. The amount paid to the said members for their mileage.

3. The amount paid to the officers and others employed by the said general assembly.

4. The amount paid for all printing done by order of the said general asseinbly, except the printing of the laws and journals.

5. The amount paid for printing the laws and journals of the said general assembly.

6. The amount paid for binding the said laws and journals.

7. The amount paid for stationery, fuel, and all other expenses not herein specified, as far as the same can be ascertained.

The question was put upon concurring with the committee in their report, and decided in the affirmative.

So the resolution was adopted.

Mr. Eccles, from the committee on Revenue, which had been instructed by the convention to inquire into the expediency of providing in the new constitution for levying and collecting a poll tax, reported the following resolution, and asked for its adoption:

Resolved, That the new constitution shall provide for a poll tax.

Mr. Rountree moved to amend the resolution by adding thereto the following:

"Provided, That the power to levy a capitation tax, by the legislature, be proposed as a distinct proposition for adoption or rejection by the people at the same time and places at which the vote shall be taken on the adoption or rejection of the new constitution; and if it shall appear that at said election, more votes are given in favor of said proposition than are given against it, the legislature shall, at its next session thereafter, provide by law for levying such capitation tax, and continuing in force a law for the collection of a capitation tax; Provided, however, That the non

payment of such tax shall not disqualify persons who are otherwise qualified voters from enjoying the rights of electors."

Mr. Smith of Macon moved to amend the amendment by adding thereto the following:

"Provided, That the legislature, in exercising this power, be limited to the sum of fifty cents upon the persons of all able-bodied men between the age of twenty-one and forty-five years, and this power not to be exercised after the present public debt of the state shall have been liqui dated."

On motion of Mr. Thomas,

The proposed amendments were laid on the table.

Mr. Norton moved to amend the resolution by adding thereto the fol lowing proviso:

"Provided, That no capitation tax shall be assessed against any person not entitled to vote under the constitution and laws of this state; And provided, further, That said tax shall be set apart to the payment of the public debt until the same be paid."

On motion,

The convention adjourned to three o'clock, P. M.

THREE O'CLOCK, p. m.

The convention met pursuant to adjournment.

The president appointed Mr. Allen to be a member of the committee on the Bill of Rights, in the place of Mr. Caldwell, excused.

On motion of Mr. Geddes,

Leave of absence was granted to Mr. Sharpe for eight days.

The question pending at the adjournment this morning was on agreeing to the amendinent offered by Mr. Norton to a resolution reported by the committee on Revenue; after some time spent in the consideration thereof,

On motion,

The convention adjourned until to-morrow morning at 9 o'clock.

THURSDAY, JUNE 17, 1847.

Convention met pursuant to adjournment.

Prayer by Rev. Mr. Hale.

Mr. Archer presented the certificate of election of one his colleagues, Montgomery Blair, member from the county of Pike;

Mr. Blair then appeared; the oath of office was administered to him by James W. Keys, esq., and he took his seat.

The journal of yesterday was read and corrected.

The question pending (under the resolution of the convention, providing that when a report of a committee is made, it shall be disposed of, before any thing else is considered,) was upon the amendment offered by

Mr. Norton to the resolution reported yesterday by the committee on Revenue.

On motion of Mr. Davis of Montgomery,

The amendment was laid on the table.

Mr. Linley moved to amend the resolution reported by the committee on Revenue, by striking out all after the word "resolved," and inserting in lieu thereof the following:

"That the committee on Revenue be, and they are hereby instructed to report an amendment to the constitution so as to authorize the legislature to levy a capitation tax not to exceed one dollar on all free white male inhabitants over the age of twenty-one years, when they shall deem it necessary."

Mr. Powers moved to amend the proposed amendment by adding thereto the following:

"That no road tax shall hereafter be, levied in this state in the form of a capitation tax."

On motion of Mr. Davis of Montgomery,

The proposed amendment was laid on the table.

Mr. Davis of Montgomery moved the previous question.

The question was then taken--"Shall the main question be now put?" and decided in the affirmative.

The question was then taken agreeing to the amendment proposed to the resolution reported by the committee on Revenue, and decided in the affirmative.

The question was then taken, by yeas and nays, on concurring with the committee on Revenue, in the resolution reported, as amended,

And decided in the affirmative,

Those voting in the affirmative, are,

Yeas,
Nays,

109

49

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The preamble and resolutions introduced on Tuesday last, together with the amendments proposed by Messrs. Pratt and Hurlbut, came up for consideration.

The question, pending on the adjournment on Tuesday evening, was upon laying on the table until the first of January next the amendment proposed by Mr. Hurlbut to the amendment proposed by Mr. Pratt to the resolution.

Mr. Churchill moved to lay the whole subject on the table.

Mr. Markley called for a division, so that the vote might first be taken on laying the amendment to the amendment on the table.

The question was then taken, by yeas and nays, on laying the amendment proposed by Mr. Hurlbut to Mr. Pratt's amendment on the table,

And decided in the affirmative,

(Yeas,
Nays,

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Eccles

Evey

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99

60

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