House for their reception, leaving it to the Convention to take such action in the premises as may be deemed proper. We have the honor to be, etc. WM. SHEETS, Esq.: JOSEPH A. WRIGHT, Governor JAMES P. DRAKE, Treasurer of State, E. W. H. ELLIS, Auditor of State. Indianapolis, May 6th, 1850. Dear Sir:-Under an act of the last legislature, the undersigned are authorized to contract with you for the Masonic Hall for the use of the State Convention to revise the Constitution, at a rate not exceeding one hundred dollars per month. We are authorized to close such a contract immediately if our proposition shall be accepted. An early answer is desired. Respectfully, JOSEPH A. WRIGHT, Governor, JAMES P. DRAKE, Treasurer, E. W. H. ELLIS, Auditor. Indianapolis, May 9th, 1850. MESSRS. ELLIS, DRAKE, and WRIGHT: Gentlemen: Your note of the 6th inst., in relation to the use of the large room in the Masonic Hall for the sitting of the Convention has just been received. I cannot, in justice to the stockholders, for whom I act, contract for the occupancy of the room at the rate you propose, viz., one hundred dollars per month; but I will agree to prepare the room as stated in a former letter, keep it in order during the session of the Convention, for twenty dollars per day; or I will prepare the room for the use of the Convention, leaving the compensation to be fixed by the Convention itself. Respectfully, WM. SHEETS, Commissioner. 137. Rules and Orders of the Convention (October 14, 1850). On October 7, the Convention adopted a resolution providing "That a committee be appointed by the Chair to prepare and report rules of order for the government of the proceedings of this Convention; and until said committee report, and it be otherwise ordered, the rules of the House of Representatives of this State be adopted by this Convention, as regulations to govern its proceedings and deliberations, so far as the same are applicable." On October 8, by an appropriate resolution, the Convention fixed the number of this committee at thirteen, one from each judicial circuit. On October 9, the Chair named the members of this committee, and on October 11, the committee submitted a report and recommended its adoption. This report was considered on October 14, and the rules therein recommended were adopted with some amendments, as follows: [Convention Journal, 34-57.] 1. The President shall take the chair every day at the hour to which the Convention shall have adjourned on the preceding day; shall immediately call the members to order, and on the appearance of a quorum, shall cause the journal of the preceding day to be read. 2. The President shall preserve order and decorum; may speak to points of order in preference to other members, rising from the chair for that purpose, and shall decide questions of order, subject to an appeal to the Convention by any two members thereof. 3. The President rising from his seat, shall distinctly put the question, in this form, viz.: As many as are of opinion that (as the question may be) say aye-contrary opinion, say no. 4. If the President doubt, or a division be called for, the members shall divide: those in the affirmative first rising from their seats, and afterwards those in the negative. 5. Any member may call for the statement of the question, which the President may give sitting. 6. The President, with ten members, shall be a sufficient number to adjourn; twenty-five to call the convention, and send for absent members and make an order for their censure or acquittal; and a majority of the whole number shall constitute a quorum to proceed to business. 7. When a member is about to speak in debate, or deliver any matter to the Convention, he shall rise from his seat, and respectfully address himself to Mr. President; and shall confine himself to the question under debate, and avoid personality; and no member shall impeach the motives of any other member either in his vote or his argument. 8. If any member in speaking, or otherwise transgress the rules, the President shall, or any member may, call to order; in which case, the member so called to order, shall immediately sit down, unless permitted by the convention to explain; and the Convention shall, if applied to, decide on the case, but without debate. If the decision be in favor of the member so called to order, he shall be at liberty to proceed, if otherwise, and the case require it, he shall be liable to the censure of the Convention. 9. When two or more members happen to rise at the same time, the President shall name the person who is first to speak. 10. No member shall speak more than twice on the same question, without leave of the convention, nor more than once until every member, choosing to speak, shall have spoken. 11. Whilst the President is putting a question, no one shall walk across the room; nor, whilst a member is speaking, enter on private discourse, or pass between him and the Chair. 12. No member shall vote on any question who was not within the bar when the same was put; and when any member shall ask leave to vote, the President shall propound to him this question: Were you within the bar when your name was called?1 13. Upon calls of the Convention, for taking yeas and nays, on any question, the names of the members shall be called alphabetically, and each member shall answer from his seat. 14. Any ten members shall have the right to call the yeas and nays, provided they shall request it before the question is put, but every member shall have the right to enter his protest upon the journal without argument.2 15. Any member may call for the division of a question, which shall be divided, if it contain propositions in substance so distinct that one being taken away a substantive proposition remains for the decision of the Convention. A motion to strike out and insert shall be deemed indivisible; but a motion to strike out being lost, shall not preclude an amendment, nor a motion to strike out and insert. 16. After a motion is stated by the President, or read by the Secretary, it shall be deemed in possession of the Convention, but may be withdrawn at any time before decision or amendment. 17. When a question is under debate no motion shall be received but to adjourn, to lay on the table, for the previous ques 1. Notice was given on November 21, that an attempt would be made to change the rules to admit any member to vote if within the hall, when the question is put.'' This is apparently a proposed amendment to Section 12. There is no evidence that the proposal was adopted (p. 281). 2. As originally reported by the committee, Rule No. 14 read as follows: "Any ten members shall have a right to call the yeas and nays, provided they shall request it before the question is put." On December 18, notice was given that an attempt would be made to amend the fourteenth rule by striking out the word "ten'' and inserting the word "thirty." On December 19, the word "thirty'' was stricken from the proposed amendment and the word 'twenty' inserted in lieu thereof by a vote of 76-39; the proposed amendment as amended was then rejected by a vote of 51-65 (pp. 471, 480). 15-5055 tion, to postpone indefinitely, to postpone to a day certain, to commit, or amend; which several motions shall have precedence in the order they stand arranged; and no motion to postpone to a day certain, to commit, or to postpone indefinitely, having been decided, shall be again allowed on the same day, and at the same stage of the article or proposition.3 18. The previous question shall be in this form-"Shall the main question be now put?" It shall be admitted only when demanded by a majority of the members present; and its effect shall be to put an end to all debate, and bring the Convention to a direct vote upon amendments reported by a committee, if any, then upon pending amendments, and then on the main question. On a motion for the previous question, and before the seconding of the same, a call of the Convention shall be in order; but after a majority shall have seconded such motion, no call shall be in order prior to a decision of the main question. On a previous question there shall be no debate. All incidental questions of order, arising after a motion for the previous question is made, and pending such motion, shall be decided, whether on appeal or otherwise, without debate. If it should be decided that the question should 3. On October 29 an unsuccessful attempt was made to amend Rule 17, to provide "That no member of this Convention be permitted to speak more than one-half hour, on any question, at one time'' (pp. 146, 155). On November 9, notice was given that an attempt would be made to amend this rule to provide "That from and after Tuesday next (November 12), no member, in making a speech, shall occupy more than twenty minutes'' (p. 231). On November 12, to carry out this notice, the following resolution was submitted: "That no member, in making a speech upon an original proposition or resolution, shall occupy more than thirty minutes; and, on amendments, more than ten minutes." The words, without leave of the Convention'' were added to the proposed resolution and the whole was then laid on the table by a vote of 62-52 (p. 243). On November 16, this resolution was again taken up for consideration and again laid on the table by a vote of 66-25. Thereupon, the following substitute was proposed: "That after Tuesday next (November 19), no member of this Convention shall speak more than fifteen minutes on any amendment, and then only by way of explanation, or more than thirty minutes on any original proposition." This substitute was adopted. A motion was then made to refer this substitute to a committee of five with instructions to amend to read as follows: "That no member in debating any question before the body shall speak more than thirty minutes, without special leave of the Convention.'' This motion was rejected. An amendment was then proposed and adopted by a vote of 68-34 providing that "no member in debating any question before the body shall speak more than thirty minutes'' (p. 259). On November 22, notice was given that an attempt would be made to amend this rule to read that "No delegate shall speak longer than one hour at a time; nor, in any debate arising on the third reading of an article or section, or on a motion to refer, at that stage, more than fifteen minutes'' (p. 285). On November 23, this rule was amended to read as follows and was adopted: "That no delegate shall speak more than one-half hour at one time; nor more than fifteen minutes in the following cases, viz: 1st. On any motion to reconsider a section that has been passed or engrossed. 2d. In any debate on the final passage of a section or on a motion to refer the same. 3d. In any debate arising on a report from the Committee on Revision (p. 292). not be put, the main question shall still remain under consideration. 19. In taking the sense of the Convention a majority of the votes of the members present shall govern. 20. No article or section of the Constitution shall be finally concluded and agreed upon until the same shall have been read upon three several days, unless two-thirds of the members present shall think it necessary to.dispense with this rule, which shall be decided without debate. 21. The Convention shall resolve itself into a committee of the whole whenever deemed necessary, and whilst in committee of the whole shall be governed by the rules of the Convention, so far as the same may be applicable, except the rules limiting the times of speaking; but no member shall speak twice to any question, until every member choosing to speak shall have spoken. Upon any article or section being committed to a committee of the whole, the same shall be read throughout by the secretary, and then again read and debated by clauses, leaving the preamble to be last considered. The body of the article or section shall not be defaced or interlined, but all amendments, noting the page and line, shall be duly entered by the secretary on a separate paper, as the same shall be agreed to by the Convention, and so reported to the Convention; after report, the article or section shall be subject to be debated and amended by clauses before a question to engross it be taken.a 22. The President shall appoint committees, liable to addition on motion of any member, unless otherwise directed by the Convention. 23. A motion to adjourn shall always be in order, and be decided without debate. 24. On all questions when yeas and nays are called, the President shall vote, his name being called last; and in the case of an equal division the question shall be considered lost; and upon all questions when the Convention is equally divided, he shall give the 4. As originally reported by the committee, Rule No. 21 read as follows: The Convention shall resolve itself into a committee of the whole whenever deemed necessary, and whilst in committee of the whole shall be governed by the rules of the Convention. Upon any article or section being committed to a committee of the whole, the same shall be read throughout by the Secretary, and then again read and debated by clauses, leaving the preamble to be last considered. The body of the article or section shall not be defaced or interlined, but all amendments, noting the page and line, shall be duly entered by the Secretary on a separate paper, as the same shall be agreed to by the Convention, and so reported to the Convention; after report, the article or section shall be subject to be debated and amended by clauses before a question to engross it be taken. |