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PART III.

AMENDMENT OF THE CONSTITUTION OF 1816.

The documents constituting Part III illustrate the attempts which were made to amend the Constitution of 1816 and to call a convention to frame a new constitution. The period covered extends from 1816 to 1851, when the present Constitution became operative. The outstanding consitutional events of this period were: (1) the submission to a referendum vote of the questions of substituting viva voce voting for voting by ballot, and of removing the State capitol from Corydon prior to the year 1825; (2) the attempts to secure a constitutional convention in 1823, 1828, 1840, 1846 and 1849; (3) the unsuccessful attempts to draft and submit separate amendments to the electors; and (4) the proposal to constitute the General Assembly a convention to draft separate amendments to the Constitution. There were no court decisions of significance. Perhaps the only one which deserves mention is State v. Lasselle, 1 Indiana 60-61, decided at the July term of 1820, in which the court held that slavery was entirely prohibited within the State by the express words of the constitution. The question of substituting voting by ballot for viva voce voting was submitted to the electors at the general election of August 6, 1821. The returns received from 15 out of 39 counties disclosed a slight majority in favor of retaining the method of voting by ballot. An attempt at the succeeding session of 1821-1822 to change the method of voting was unsuccessful and the constitution on this point remained unaltered. The question of calling a constitutional convention was submitted to the voters the first time at the general election of August 4, 1823. There were 2,987 votes cast in favor of calling a constitutional convention and 13.831 opposed. On August 4, 1828, the question of calling a constitutional convention was submitted a second time and was defeated by a vote of 18,633 to 10,092. On August 3, 1840, the question was submitted a third time and was defeated by a vote of 61,721 to 12,277. On August 3, 1846, the question was submitted a fourth time and was approved by a vote of 32,468 to 27,123. Since the total vote cast on this proposition was less than a major

ity of the total vote of the State, the General Assembly declined to provide for the election of delegates to a constitutional convention at the succeeding session of 1846-1847. Finally, the question was submitted a fifth time on August 6, 1849, and 81,500 votes were cast in favor of a convention and 57,418 opposed. At the succeeding session of 1849-1850, the General Assembly provided for the election of delegates and the convention assembled on October 7, 1850.

58. Harrison County Bond (January 3, 1817).

[First Session, 1816-17. Jonathan Jennings, Governor, Democratic-Republican.] The following resolution was adopted at the first Session of the General Assembly and relates to a bond of an unspecified character entered into between the citizens of Harrison County and the State, presumably during the sittings of the Convention which framed the Constitution. (See Document No. 70.)

[Laws, First Session, 252.]

A JOINT RESOLUTION AUTHORIZING THE COLLECTION OF CERTAIN MONIES DUE FROM THE CITIZENS OF HARRISON COUNTY TO THE STATE OF INDIANA.

WHEREAS it appears to the general assembly, that a bond has been given by certain citizens of the county of Harrison for the payment of one thousand dollars to the state within six months after the state government shall have taken effect, and as the said bond has been lost or mislaid, and a difficulty may therefore arise in the collection of the same, for remedy whereof;

Be it resolved by the General Assembly of the State of Indiana, That the treasurer of the state be and he is hereby directed to make demand forthwith of any and every of the persons who entered into the bond aforesaid, and receive from the same the sum for which the aforesaid bond was given, according to the true intent and meaning thereof; and on failure to pay the same on or before the first day of May next, the auditor of public accounts for this state, shall thereupon commence a suit or suits in law or chancery for the recovery of the said sum of one thousand dollars, and he is hereby authorized to employ counsel if necessary to the effectual prosecution of such suit or suits.

59.

Approved, January 3, 1817.

On Locating Seat of Government (December 19, 1817). [Second Session, 1817-18. Jonathan Jennings, Governor, Democratic-Republican.] Among the more unpopular provisions of the constitution of 1816 was the

section providing that "Corydon in Harrison county, shall be the seat of government of the State of Indiana until the year eighteen hundred and twenty-five, and until removed by law." This section represented a compromise; manifestly, its incorporation in the constitution was preceded by a discussion in which the claims of rival sections of the State were presented, and these claims had since been kept alive by popular agitation. The location of the capitol on the extreme southern periphery of the new commonwealth had decided geographical disadvantages, while the spread of population northward perpetually accentuated the prevalent discontent. The General Assembly had full authority under this section to provide by law for the removal of the state capitol after the year 1825; but apparently they were reluctant to exercise that function without specific instructions from the people. Accordingly, the following resolution was introduced in the House of Representatives on December 19, 1817, by James Beggs, and referred to a select committee for consideration; the committee reported in favor of the adoption of this resolution on December 26; on January 9, the House refused to indefinitely postpone the resolution by a vote of 7-21, but it was postponed on January 12 by a vote of 18-10. It is not clear from the wording of this resolution whether an attempt was to be made to secure a relocation of the seat of government prior to 1825, or subsequent thereto, or to ascertain to what place the capitol should be moved after that date, or for some other purpose. The resolution given is not in the form as reported from the committee but must be substantially identical.

[House Journal, Second Session, 66.]

Resolved, That a committee be appointed to take into consideration the propriety of taking the sense of the people of this state, on that part of the constitution which fixes the seat of government at Corydon until the year 1825, with leave to report by bill or otherwise.

60. Calling a Constitutional Convention (January 5, 1820).

[Fourth Session, 1819-20.

Jonathan Jennings, Governor, Democratic-Republican.] The first attempt to submit the question of calling a constitutional convention to the people was made at the fourth session of the General AssemOn January 5, 1820, a bill was bly, only four years after its adoption. presented in the Senate by Elisha Harrison "authorizing the qualified electors of this State, at the ensuing general election, to vote for or against the calling of a convention to amend certain parts of the Constitution of this State." This bill was indefinitely postponed on first reading on January 5, by a vote of 8-2. It is not known what amendments were desired or why the proposition was rejected. Only the title to this bill has been preserved.

[Senate Journal, Fourth Session, 135.]

A Bill, authorizing the qualified electors of this State, at the ensuing election, to vote for or against the calling a convention, to amend the Constitution in certain parts.

61. Referendum on Method of Voting-By Ballot or Viva Voce (December 23, 1820).

[Fifth Session, 1820-21. Jonathan Jennings, Governor, Democratic-Republican.]

Section 2, of Article VI of the Constitution of 1816 provided that "All elections shall be by ballot: Provided, that the general assembly may (if they deem it more expedient) at their session in eighteen hundred and twentyone, change the mode, so as to vote viva voce; after which time it shall remain unalterable." This section as adopted represented a compromise. The committee reported in favor of viva voce voting. The Convention rejected this recommendation and adopted a provision in favor of voting by ballot, but they devised a way by which the method of voting could be changed in 1821. In order to enable the General Assembly to act more intelligently in carrying out this permissive provision of the Constitution, relative to the method of voting, the following resolution, designed to provide for the submission of the question to a referendum vote, was introduced in the Senate on December 4, 1820 by Elisha Harrison. This resolution passed the Senate on December 8 and the House on December 15.

[Laws, Fifth Session, 136.]

A Joint Resolution of the General Assembly of the State of Indiana on the subject of voting.

Resolved by the General Assembly of the state of Indiana, That the qualified electors of this state be and they are hereby authorized and requested at their August election next to be holden in the several townships and counties in this state when they vote for senators and representatives to the General Assembly to express on the same ticket at the bottom thereof in words at full length whether they are in favor of voting by ballot or in favor of voting viva voce.

And be it further resolved, That it shall be the duty of the several inspectors and judges of elections throughout this state to receive, count and make return of the votes thus given to the clerks of the circuit courts in the same manner as they receive, count and make returns of the votes given for senators and representatives to the General Assembly.

And be it further resolved, That it shall be the duty of the clerks of the circuit courts throughout this state, when they make out the poll books for the next General Election, to rule two separate columns in said poll books, for the purpose of taking down the votes as aforesaid, and that it shall be the further duty of said clerks of the circuit courts to certify a true statement of the votes thus given, under their hands and seals to the office of the secretary of state on or before the first Monday of December next, and

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