the people of the state from establishing any bank or moneyed institution. Third. Because the said report recommends the adoption of a provision in the constitution which is unusual and without a precedent, namely, the infliction of fines and imprisonment.

"For the above and other reasons the undersigned dissents from the said report, and as a substitute therefor would submit the following article:

"First. There shall not be established or incorporated within this state any bank or banking company or any moneyed institution for the purpose of issuing bills of credit or bills or notes payable to order or bearer, or certificates of deposit intended for circulation, unless chartered by the legislature; and no act of incorporation shall be passed, unless approved of and passed by at least two-thirds of the members of each house of the legislature of this state. Nor shall any such bank go into operation or commence business until at least one-third of its capital stock shall be paid in in gold or silver coin.

"Second. All stockholders in any bank chartered in this state shall be personally liable for all debts and liabilities of the said corporation. M. S. GIBSON.'

The said article was then read the first and second times, referred to the committee of the whole, and ordered to be printed.

Mr. Dennis introduced the following resolution, which was read, to wit: "Resolved, That the treasurer of the territory be and he is hereby requested to report to this convention what amount of moneys has been received by him by virtue of a resolution in relation to canal funds, approved February third, 1846; what disposition he has made of the same; and how much there is in his hands subject to the order or control of this convention."

Mr. Burnside introduced the following resolution, which was read, to wit: "Resolved, That the following provisions shall be added to and shall constitute a part of the twelfth rule for the government of this convention, viz., 'But when the final vote shall be taken upon each distinctive provision in the constitution, it shall invariably be by the ayes and noes.

Mr. Beall introduced the following resolution, which was read, to wit: "Resolved, That 150 copies of the census taken recently in this territory be printed for the use of the members of this convention." Warren Chase introduced the following resolution, which was read, to wit: "Resolved, That taking life, either by hanging or otherwise, shall never be instituted as a mode of punishment for crime in this state."

Mr. Goddell introduced the following resolution, which was read, to wit: "Resolved That the clerk of the supreme court and the clerks of the district courts in the counties of Dane, Milwaukee, and Racine, and the registers in chancery in said counties be and they are hereby requested to furnish for the information of this convention a statement showing:

"First. The number of suits commenced in their respective courts during the year ending on the first day of October, 1846.

"Second. The number of trials had and suits disposed of. "Third. The amount of money collected during the same term, exclusive of cost [s].

"Fourth. The amount of costs and fees charged in the business of their respective courts during the same time, by clerks, registers in chancery, sheriffs, and all other officers of their respective courts, witness' fees, jury fees, and the amount of attorneys' fees, as near as they can estimate the same."

Mr. Willard introduced the following resolution, which was read, to wit: "Resolved, That a select committee of five be appointed to inquire into the expediency of establishing a court to be styled a court of reconciliation, and that the committee do report thereon."

Mr. Dennis introduced the following resolution, which was read, to wit: "Resolved, That a select committee, to consist of nine, be appointed, to whom shall be referred all the expenses of this convention."

George Hyer introduced the following resolution, which was read, to wit: Resolved, That in submitting the constitution to the people of the territory for their approval, the question-Shall the right of suffrage be extended to negroes?-shall also be submitted as a distinct proposition, to be voted upon in like manner, and such vote shall determine that provision of the constitution which makes color a distinction in the extension of the elective franchise."

Mr. Prentiss introduced the following resolution, which was read, to wit: "Resolved, That the committee on the constitution and organization of the legislature be directed to inquire into the expediency of apportioning the members of the legislature among the several counties in such manner that they shall be chosen by single districts."

Mr. Huebschmann introduced the following resolution, which was read, to wit: "Resolved, That a select committee of three be appointed to report to this convention an article supplementary to the constitution, providing for the submission to a separate vote of the people, at the same time with the constitution, the question of giving the right of suffrage to the colored population."

Mr. Magone, by leave, introduced the following resolution, which was read, to wit: "Resolved, That the secretary be and he is hereby instructed to furnish to the postmaster at Madison a list of the members of this convention, and that three members of this convention be appointed a committee to ascertain and provide the ways and means to defray the necessary postage of members."

The resolution introduced on the tenth instant relative to the collection of debts was then taken up, when Mr. Crawford moved its reference to a select committee of five, which was agreed to.

The President announced the appointment of the following committee to whom said resolution was referred, to wit: Messrs. Crawford, French, Parkinson, Warren Chase, and Bowker.

Mr. Crawford's resolution came in order and was taken up. Mr. Crawford thought himself called upon to say something on this subject, was actuated by the best motives in offering it,

and hoped the convention would bear with him until he explained its object. Mr. Crawford went on to say:

In presenting this resolution I was not actuated by any motive but the public good. In taking into view the enormous expense unnecessarily made in the collection of debts is what actuated me to urge a resolution of this nature. What little experience I have had in business satisfies me that the resolution is proper and just and should be adopted. Some gentlemen will say the time has not yet arrived for a resolution of this nature, but think it will arrive. To them I would say, we do not frame a constitution every day, nor every year. I will mention the state of New York, for instance, where I have done business most of my life. I will suppose and it is mostly guesswork, not having any documents of this nature before me -that the expense in each town and ward per week for small, petty lawsuits before justices of the peace, unnecessary, will at least amount, on an average, to fifty dollars. Fifty-two weeks in a year swells the amount to $2,600 per annum. Now, sir, there are over eight hundred towns and wards in the state of New York, and this calculation, if correct, will amount to $2,080,000. Supposing New York to be one-sixth of the United States and I believe it is no more than that-and each state incurs the same unnecessary expense, it will amount to $12,480,000 per year. Nor, sir, is this more than a small share of the expense. In the small towns, where justices' courts are held, there are always more or less jurors called upon from their business, and must attend, be the damage ever so great to them, for the small sum of six or twenty-five cents-as the case may be-and not get that either. And in addition to that this little excitement is the cause of leading many others to those places to satisfy their curiosity, when they would, otherwise, be about their legitimate business. This, sir, does not comprehend the courts of record; neither am I able to lay before you any estimate of the various higher courts. If I possessed the information I should be very happy to lay it before this honorable body. My views upon this subject are that it will, in a measure, put a stop to the credit system, which I consider a very great curse to both debtor and creditor. But in the end it will

have a glorious effect, for it will place men upon their honor and stop a practice that I have seen, of a certain set of men urging litigation for the sake of making a living out of it. We have plenty of land in this territory for justices, constables, jurors, witnesses, and pettifoggers to employ themselves upon, in cultivating it, with more advantage to themselves and the country at large, than by litigating. I am very certain, Mr. President, that were I able, or could I furnish this convention with an account of the unnecessary costs that have accrued in various ways in the collection of debts, that would far exceed the amount here presented. And, sir, I do believe it would go ahead, or very nearly come up to, the amount collected while those costs were accumulating.

Sir, as I have before remarked, it will throw men upon their honor, and an honest man will have no trouble in getting all necessary accommodations. And I for one, sir, as a member of the convention, have no desire to hold out any great inducements for dishonest men to settle among us, for, sir, there will as many of them settle among us as we need without any such inducement. I am not one of those that wish to proscribe any set of men altogether; some may think this resolution will clog the adoption of the constitution by the people; I don't think so. Our present laws, sir—although we are not sent here to make laws-we are sent here to make a foundation for laws, and, sir, if I am not digressing from the subject and out of order—if I am, I wish to be called to order-shall I go on and make one remark? (Go on, go on.) Our present laws are so defective, or liberal, that the defendant, if he does not defeat the plaintiff in the suit when trying to collect an honest debt, in nine times out of ten he will defeat him on execution. If that is true, then throw men upon their honor by passing this resolution.

Mr. President, supposing the above amount of nearly twelve and a half millions of dollars, or an apportionment of it agreeable to the population fifty years ago, had been applied to the support of common schools, what would have been the result? Why, sir, the result would most likely have been that I should not have been here advocating the passage of this resolution without understanding the English language. Education I con

sider to be the bulwark of republican institutions, and I believe there is not a member of this convention who will differ with me upon that subject. You will see, Mr. President, that what I have here figured down does not include anything but the small courts; the courts of record would likely double the amount. I have talked with gentlemen of high attainments upon this subject, and they all say that my estimate is far too low. Speaking of our present laws, I have known men, sir, that at night had a sign up for peddling goods, and the next morning you would see another sign up, or the old one painted or lettered anew in some friend's name-I should think in order to evade some creditor. And I would appeal to any gentleman upon this floor, if that very thing does not go to show that our collection laws are calculated to encourage dishonesty. And if gentlemen view this in the same light which I do, they will go in for the passage of this resolution. Mr. President, one reason I give for speaking of our present laws is that if this resolution does not pass we shall have a new code of laws made for the collection of debts, which, I have every reason in the world to believe, will be no better than the present one, most certainly if we send here a "progressive" Democratic legislature. And, sir, in taking this view of the subject of this resolution, if it does not pass I think I can look ahead and see a code of laws passed for the collection of debts that might very well be compared with a law of the United States that makes it trespass to squat or settle upon the public domain-a dead letter. Such useless laws we do not want our statute book lumbered up with. The collection laws we shall have if this resolution does not pass will destroy the natural confidence between man and man, and the debtor will say to the creditor (if he so construes the law) "You hold a rod or iron over me, and you may make the best use of it you can; I do not consider myself honorably bound to pay it." And it is very easy for a great many to make up their minds that a debt in this way, crowded with a back-load of costs, is not very honorable. Some gentlemen may think it is premature, or too soon to pass this resolution, but think it will do by and by; they think the people are not ready for it. If they are not, it is time they were looking into the subject.

Others may say,