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committee-the object of which resolution was to appoint a committee who should meet in May next, and consider and report whether any, and if any, what laws may have been passed since the commencement of the state government, infringing the provisions of the constitution of this state.

70. Bond Guaranteeing Location of State Capitol (January 18, 1825).

[Ninth Session, 1824-25. William Hendricks, Governor, Democratic-Republican.]

On January 18, 1825, a resolution was introduced in the House by Benjamin V. Beckes designed to secure certain information relative to the arrangement providing for the location of the State capitol at Corydon until the year 1825. The resolution was adopted, but apparently no further action was taken on the proposition. (See Document No. 58.)

[House Journal, Ninth Session, 77.]

Resolved, That the auditor of public accounts, Secretary of State and Treasurer of State, be requested to attend in the representative hall, on Monday the 24th of this instant, prepared to give to this House, every information they may be in possession of, relative to a bond heretofore given to the Governor, for the use of the state, under an agreement between the members of the convention and the citizens of Corydon, at the formation of the constitution; in pursuance of which, it was agreed, and consequently a provision inserted in said constitution, fixing the seat of government at Corydon, until the year 1825; also, what proceedings have been taken for the collection of said bond; and that accompanying which information, they furnish this House with a copy of said bond.

71. Impeachment by Circuit Courts (January 4, 1826).

[Tenth Session, 1825-26. James B. Ray, Governor, Adherent of Adams and Clay.] Section 23 of Article III provided that "The House of Representatives shall have the sole power of impeaching-All impeachments shall be tried by the Senate". Under this provision of the constitution, the number of impeachment proceedings increased at each session of the General Assembly. These impeachment trials took up the time of the legislature to no profit, required constantly increasing appropriations, while witnesses were required to travel scores of miles to submit their testimony. On January 4, 1826, just at the close of an impeachment trial, a resolution was introduced in the Senate by John Ewing which was designed to provide for the trial of all impeachment cases before the circuit courts. The resolution was adopted but apparently no report was made.

[Senate Journal, Tenth Session, 137.]

WHEREAS it has become matter of serious concern and expense,

to have our legislative duties interrupted by the organization of courts of impeachment, and it is believed that jurisdiction of the offences of county officers, may with constitutional authority, and political, and moral, and pecuniary advantages, be transferred to the circuit courts, by indictment, to deprive such officers of their station, and vacate their offices when convicted of capital crimes:

Resolved, That the judiciary committee be instructed to enquire into the power and expediency of declaring by law, all county offices to be vacated by a conviction of the incumbent thereof, on a presentment or indictment, before the traverse jury in any circuit court, of a criminal offence that is punishable by confinement in the penitentiary.

72. Removal of Public Officers; Biennial Sessions of General Assembly; Revision of Constitution by Parts; Constituting Members of General Assembly Constitutional Delegates; and Viva Voce Voting (January 16, 1826).

The following resolution, introduced in the House on January 16, 1826, by Abel Lomax, enumerates practically all the contemporary recommendations for constitutional amendments, including the removal of public officers, biennial sessions of the legislature, and the method of voting. The plan contemplated in that part of the resolution providing for the revision of the Constitution by parts, and constituting the members of the General Assembly, by special delegation, members of a constitutional convention, was unique. The resolution was rejected by a vote of 15-26.

[House Journal, Tepth Session, 307.]

Resolved, That a select committee be appointed, with instructions to enquire what amendments, if any ought to be made, to the constitution of the state of Indiana, more particularly to enquire into the expediency of so amending the same as to expunge therefrom, the twenty-third section of the third article, which provides: "that all officers shall be removed from office by impeachment before the General Assembly," and also to expunge therefrom, the third and twenty-fifth sections of the said article, which require Representatives to be chosen annually, and the General Assembly, to meet in each and every year," that the same may be otherwise provided for by law, so that officers may be removed from office by the verdict of a jury, and judgment of a court, and the General Assembly may meet once every two years.

66

Resolved further, That the said committee enquire whether it is not expedient to provide by law, to amend the constitution in part, without subjecting the whole to revision, by submitting cer

tain obnoxious parts thereof, to the people for their opinion at the annual election, and whether provision cannot be made, for constituting the members of the General Assembly, by special delegation; members of a convention to carry the will of the people into effect on the subjects submitted to them.

Mr. [David] Hillis moved to amend said resolution as follows: "and that the second section of the sixth article be so amended, that the mode of voting be changed, so as to vote viva voce;" which was adopted.

73. Calling a Constitutional Convention (December 14, 1826). [Eleventh Session, 1826-27. James B. Ray, Governor, Adherent of Adams and Clay.] The following resolution was submitted to the House on December 14, 1826, by Benjamin V. Beckes, and immediately laid on the table. Later, the resolution seems to have been submitted to the Judiciary Committee who made an adverse report on December 16, in which the House concurred.

[House Journal, Eleventh Session, 107.]

Resolved, That the committee on the judiciary be instructed to inquire into the expediency of reporting a bill to this House, submitting to the people of this state, the expression of their opinion at the next annual election, the call of a convention to change our constitution, and that said committee act in conjunction with the judiciary committee on the part of the Senate; that the Senate be informed of the adoption of this resolution, and the adoption of a similar one on their part requested.

Mr. [Ezra] Ferris moved to amend said resolution, by striking out so much thereof, as provides for taking the sense of the people, at the next annual election, and to provide that the same be taken at the annual election in 1828.

74.

Referendum on a Constitutional Convention (January 12, 1827). On January 12, 1827, a bill was introduced in the Senate by John S. Simonson, authorizing the people to vote for or against a constitutional convention at the August election, 1827. The bill was placed upon its final passage at once and failed by a vote of 6-15.

[Senate Journal, Eleventh Session, 155.]

AN ACT to authorize the qualified voters of this State to vote for or against a convention, for the revision of the Constitution of this State, and for or against an amendment to the Constitution of the United States, so as to give the election of President, Vice-President and Senators in Congress directly to the people.

Section 1. Be it enacted by the General Assembly of the state of Indiana, That the qualified voters of the different townships through

out this state, be and they are hereby authorized, on the first Monday of August next, when they vote for senators and representatives, to express by vote on the same ticket at the bottom thereof, whether they are in favor or against calling a convention for the revision of the constitution of this state, and whether they are in favor or against an amendment to the constitution of the United States, so as to give the election of President, Vice President and Senators in Congress directly to the people, which vote shall be expressed in one of the following words, to wit: "convention" or "no convention," "amendment'' or ''no amendment," as the case may be.

Sec. 2. It shall be the duty of the inspectors and judges in the different townships in each county, to receive, count and make a true return of all the votes given, as contemplated in the foregoing section, at the same time and in the same manner that they count and make returns of votes given for senators and representatives; and it shall be the duty of the clerk of the circuit court, in each and every county throughout the state, to seal and forward to the Secretary of state, on or before the first Monday of December next, a certificate under his hand and seal of all the votes taken as aforesaid; and should any of the clerks of the circuit courts fail, or neglect to perform the duty enjoined on him. by this act, he shall forfeit and pay the sum of one hundred dollars for such neglect, recoverable by presentment or indictment in any court having competent jurisdiction.

Sec. 3. It shall be the duty of the Secretary of State to lay before the next General Assembly, on the second Monday in December next, all the returns by him received pursuant to the provisions of this act.

Sec. 4. It shall be the duty of the clerks of the circuit courts, when they make out the poll books for the general election, to make out and rule four separate columns in the same for the purpose of tallying the votes taken as contemplated by this act.

75. Calling a Constitutional Convention (December 13, 1827).

[Twelfth Session, 1827-28. James B. Ray, Governor, Adherent of Adams and Clay. Prior to 1828, party alignment in Indiana was either non-existent or so uncertain that a political classification of the members of the General Assembly is impossible. The Indianapolis Journal classified the members of the 12th General Assembly as follows: Senate-Adherents of Adams, 17; adherents of Jackson, 4. House Adherents of Adams, 40; adherents of Jackson, 13; neutral, 4. The Western Sun (December 22, 1827) considered this calculation erroneous as "the question was not agitated in any county of the state" and "a majority of the people were decidedly for Jackson."]

On December 13, 1827, the following resolution introduced by Isaac

Howk, an adherent of Adams, instructing the House Committee on Elections to report a bill enabling the electors to vote for or against a constitutional convention, was adopted. Apparently no report was ever submitted.

[House Journal, Twelfth Session, 95.]

Resolved, That the committee on elections be instructed to report a bill to this house as soon as practicable, providing for the qualified electors of the state, at the next general election, to express by vote, whether they are in favor of calling a convention or not, and also for a return of said votes to the office of the Secretary of State.

76. Calling a Constitutional Convention (January 14, 1828).

The act of January 14, 1828, by which the question of calling a constitutional convention was submitted to the electors was introduced in the Senate on December 18, 1827, by John S. Simonson; it passed the Senate on January 4, 1828, and the House on January 8. See Appendix III.

[Laws, Twelfth Session, 22.]

AN ACT to authorize the qualified voters of this State to vote for or against a Convention for a revision of the Constitution of this State.

Section 1. Be it enacted by the General Assembly of the state of Indiana, That it shall be and is hereby made the duty of the inspectors and judges of elections, in the several townships within. each county in this state, at the annual elections, on the first Monday in August next, to open a poll in pursuance of the eighth article of the constitution of this state, in which shall be entered all the votes given for and against a convention, and the clerks of the circuit courts are hereby required, when they make out poll books for the inspectors of elections, to extend two additional columns for that purpose.

Sec. 2. It is hereby made the duty of the inspectors and judges aforesaid, at the time they announce the name of the voter to their clerks, to put the question in the following words, "are you in favor of calling a convention or not?" and the clerks of said election, shall enter the votes on the poll books, in the proper columns accordingly; and the inspectors and judges shall certify the votes given for and against a convention to the clerks of the circuit courts respectively, in the same way and manner, and under the same restrictions and penalties that votes for state and county officers are required to be certified.

Sec. 3. It shall be the duty of the clerks of the circuit courts

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