county shall have been so long erected; but if not, within the limits of the county or counties out of which it shall have been taken."

On motion of Mr. Graham (of Clark),

Ordered, That the said article be further amended by strik ing out of the first line, in the fifth section, the word "triennially," and inserting in lieu thereof these words, "for three years."

Mr. Milroy moved further to amend the said article by striking out of the said fifth section, and first line, the word "three," just now inserted, and inserting in lieu thereof the word "two."

And on this question, the yeas and nays being demanded by Mr. DePauw, those who voted in the affirmative are,

Messrs. Beard, Benefield, Brownlee, Cox, Cull, Carr, DePauw, Ferris, Holman, Hanna, Lowe, McCarty, Manwaring, Milroy, McIntire, Pennington, Smith-17.

Those who voted in the negative are,

Messrs. Boone, Badollet, Cotton, Dill, Devin, Eads, Floyd, Graham (of Washington), Graham (of Clark), Nathaniel Hunt, Johnson, Lane, Lemon, Lynn, Maxwell, Noble, Polke (of Perry), Polke (of Knox), Parke, Rapp, Robb, Smock, Scott, Shields, Jennings President-25.

And so it was determined in the negative.

On motion of Mr. Robb,

The said article was further amended by inserting in the sixth line of the seventh section, after the word "elected," the following words, "if the county or district shall have been so long erected; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been so taken."

On motion,

Ordered, That the said article be referred to the Committee

of Revisions.

On motion,

Ordered, That the convention be adjourned till tomorrow morning, eight o'clock.

FRIDAY MORNING, JUNE 21, 1816.

Convention met pursuant to adjournment.

The President proceeded to the appointment of the following committee, to wit:

Committee of General Revisions: Messrs. Parke, Badollet, Scott, Johnson, and Ferris.

On motion of Mr. Parke,

Ordered, That the committee of the whole be discharged from the further consideration of the article relative to the judiciary department, and that the same be referred to a select committee of six members-and Messrs. Parke, Holman, Cotton, Benefield, Dill, and Lowe, were appointed that committee.

Mr. Maxwell, from the Committee on the Subject of General Provisions, made the following report, to wit:

Sec. 1. Every person who shall be chosen or appointed to any office of trust or profit, under the authority of this State, shall, before entering on the duties of said office, take an oath or affirmation to support the Constitution of the United States, and the Constitution of this State, and also an oath of office. Sec. 2. Treason against this State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort.

Sec. 3. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court.

Sec. 4. The manner of administering an oath or affirma

tion shall be such as is most consistent with the conscience of the deponent, and shall be esteemed by the General Assembly the most solemn appeal to God.

Sec. 5. Every person shall be disqualified from serving as Governor or Lieutenant Governor, Senator or Representative, for the term for which he shall have been elected, who shall have been convicted of having given or offered any bribe, treat or reward, to procure his election.

Sec. 6. All officers shall reside within the State, and all district, county, or town officers, within their respective districts, counties or towns (trustees of towns excepted), and shall keep their respective offices at such places therein as may be directed by law; and all militia officers shall reside within the bounds of the division, brigade, regiment, battalion, or company, to which they may severally belong.

Sec. 7. There shall be neither slavery, nor involuntary servitude in this State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person, arrived at the age of twenty-one years, nor female person, arrived at the age of eighteen years, be held to serve any person as a servant under pretense of indenture or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration received, or to be received for his or her service, except as before excepted. Nor shall any indenture of any negro, or mulatto, hereafter made and executed out of the bounds of this State, be of any validity within the State; neither shall any indenture of any negro or mulatto, hereafter made within the State, be of the least validity except in the case of apprenticeships.

Sec. 8. No Act of the Legislature shall be in force until

it shall have been published in print unless in cases of emer

gency.

On motion,

Ordered, That the engrossed article relative to the executive department be taken up and read the second time.

On motion,

Ordered, That the said article be amended by erasing from the first line the words "order to vote," and further, by erasing from the third line of said section these words, "except on a question of adjournment."

On motion of Mr. Ferris,

The said article was further amended, by adding to the first line of the twenty-first section, after the word secretary, the words, "of State"-also, by striking out of said line and the following these words, "appointed by the Governor, by and with the advice and consent of the Senate," and inserting in lieu thereof, these words, "chosen by the joint ballot of both houses of Legislature."

On this amendment, the yeas and nays being demanded by Mr. Eads, those who voted in the affirmative are,

Messrs. Beard, Benefield, Brownlee, Cox, Cull, Carr, DePauw, Eads, Floyd, Ferris, Holman, Nathaniel Hunt, Hanna, Lowe, McCarty, Manwaring, Milroy, McIntire, Noble, Pennington, Robb, Smock, Smith, Shields-24.

Those who voted in the negative are,

Messrs. Boone, Badollet, Cotton, Dill, Graham (of Clark), Johnson, Lemon, Lynn, Lane, Maxwell, Parke, Polke (of Perry) Polke (of Knox), Rapp, Scott, Jennings, President-16.

On motion,

Ordered, That the said article be referred to the Committee of Revisions, &c.

On motion of Mr. Ferris,

Ordered, That the engrossed article relative to the militia be taken up and read the second time.

Mr. Hanna then moved to amend the said article by striking out of the tenth section, from the words "staff officers," to the end thereof.

On this question, the yeas and nays being demanded by Mr. DePauw, those who voted in the affirmative are,

Messrs. Beard, Benefield, Brownlee, Cox, Cull, Cotton, Carr, DePauw, Dill, Devin, Eads, Ferris, Floyd, Graham (of Washington), Graham (of Clark), Holman. Hanna. Smock, Shields, Smith, Jennings, President, Lane, Lowe, McCarty, Manwaring, Milroy, McIntire, Maxwell. Noble, Pennington-30.

Those who voted in the negative are,

Messrs. Boone, Badollet, Johnson, Lynn, Polke (of Perry), Polke (of Knox), Parke, Rapp, Robb, Scott-10.

So it was determined in the affirmative.

Mr. Holman then moved to amend said article by striking out of the same the second section thereof.

And thereupon, the yeas and nays being demanded by Mr. Holman, those who voted in the affirmative are,

Messrs. Beard, Benefield, Badollet, Cox, Cull, Eads, Graham (of Washington), Holman, Nathaniel Hunt, Hanna, Lowe, McCarty, Manwaring, McIntire, Noble, Jennings, President-16. Those who voted in the negative are,

Messrs. Boone, Cotton, Carr, DePauw, Dill, Devin, Floyd, Ferris, Graham (of Clark), Johnson, Lane, Lemon, Lynn, Milroy, Maxwell, Parke, Polke (of Perry), Polke (of Knox), Pennington, Rapp, Robb, Smock, Smith, Scott, Shields-25.

So it was determined in the negative.

On motion of Mr. Robb,

Ordered. That the word "citizens" throughout the article be stricken out, and the word "persons" inserted in lieu thereof.