Page images
PDF
EPUB

into the expediency of authorizing the qualified electors of the state of Indiana to express on their ballots on the first Monday in August next whether they will or not call a convention to amend the constitution of said state; with leave to report by bill or otherwise.

On December 28, the Judiciary Committee submitted the following unfavorable report. An unsuccessful attempt was made to commit the report to a select committee with instructions to report a bill favorable to the objects of the resolution.

[House Journal, Eighteenth Session, 207.]

The committee on the judiciary to which was referred a resolution directing an enquiry into the expediency of the qualified electors of this state to express on their ballots at the next annual election, whether they will or not call a convention, to amend the constitution of this state, have had that subject under consideration, and directed me to report, that it is inexpedient to legislate on that subject at this time.

86. Reconstruction of Militia System (December 16, 1835).

[Twentieth Session, 1835-36. Noah Noble, Governor, Whig. The Indiana Democrat of December 8, 1835, says that a "goodly number" of the officers of both Houses of the General Assembly were "decided friends' of Van Buren. The Speaker of the House was mainly supported in his election by Van Buren men. The vote for speaker was 39 to 33 and 4 scattering.]

Introduced in the House on December 16, 1835, by Ebenezer M. Chamberlain, but apparently never considered.

[House Journal, Twentieth Session, 63.]

Resolved, That the committee on military affairs be instructed to inquire into the expediency of authorizing by law the calling of a convention of delegates chosen by the people to assemble at Indianapolis in the Representatives' Hall, in the month of July next, or at some other convenient time prior to the next session of the General Assembly, whose duty it shall be to digest and frame a more practical and efficient militia system for the state of Indiana by limiting the requirements of the actual performance of military duty to those citizens now required to do said duty, who are between the ages of eighteen and thirty years, and increasing the number of days duty required of them to perform. And permitting them to form companies of light infantry, riflemen. alry, and artillery, or such other description of light compar a majority of the members of each company in their ow

cretion may determine; and by arming them as far as practicable, with the public arms at the disposal of the state, and by such other means as may be devised, and by exempting them during the period they are thus required to perform military duty from the payment of road and poll tax, or any tax the exemption from which shall be an equivalent for the performance of said duty, and by requiring of all military officers, such testimonials of an adequate knowledge of military science, as shall be most appropriate to that military organization, which is most consistent with the peculiar nature of our political institutions, or to adopt any system which may result from their deliberations, either in accordance with these suggestions or otherwise, or to recommend the entire abolition of our present militia system, and the useless task it imposes on the great body of the citizens, so far as would be consistent with constitutional requirements, should the deliberations of said. convention lead them to such result.

And that the said convention shall consist of one half the number of members, as near as may be, that the House of Representatives will consist of under the new apportionment, one to be chosen from the same extent of territory which will send two members to this House at the next session of the legislature, and that they receive the same compensation; and that said convention report the result of their deliberations to the next General Assembly for its confirmation, amendment, or rejection.

Resolved further, That said committee inquire into the expediency of exempting from military duty, in the mean time, until some salutary reform of the militia system is produced, all persons now liable to said duty, who shall produce to the military court of assessment or of appeals, a certificate from the supervisor of highways of having worked on the road a number of days in addition to the number of days he is otherwise by law required to work, equal to the number of days he may claim to be thus exempt from military duty, with leave to report by bill or otherwise.

87. Calling a Constitutional Convention December 23, 1835 .

Introduced in the Senate on December 23, 1835, by James Conwell. After consideration by the committee of the whole House, referred to a select committee who reported on February 1, 1836, recommending the postponement of the consideration of the resolution until the first Monday in Decem ber, 1836. The report of the committee was concurred in by the Senate. Only the title of the resolation has been preserved.

[Senate Journal, Twentieth Session, 331.]

Joint resolution No. 15, authorizing the call of a convention to amend the constitution of the State of Indiana.

88. Calling a Constitutional Convention (December 21, 1836).

[Twenty-first Session, 1836-37.

David Wallace, Governor, Whig. The Republican Banner of September 7, 1836, gives the political alignment of the General Assembly as follows: Senate 29 adherents of Harrison and 18 adherents of Van Buren. House 55 adherents of Harrison and 44 adherents of Van Buren.]

Introduced in the Senate on December 21, 1836, by Richard W. Thompson; advanced to second reading on January 6, 1837, and laid on the table. Only the title has been preserved.

[Senate Journal, Twenty-first Session, 197.]

A joint resolution of the General Assembly of the State of Indian a authorizing a call of a convention of the state of Indiana.

89. Calling a Constitutional Convention (February 22, 1840).

The

[Twenty-fourth Session, 1839-40. David Wallace, Governor, Whig. political alignment of the members of the 24th session, according to the SemiWeekly Journal of August 13, 1840, was as follows: Senate-23 Whigs and 22 Democrats. House-39 Whigs and 61 Democrats.]

Introduced in the House on January 23, 1840, as House Bill No. 193, by Jesse Morgan. The bill passed the House on February 4 and the Senate on February 12. See Appendix IV.

[Laws Twenty-fourth Session, 21.]

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 election, 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. And for the purpose of more expressly calling the attention of the people of the State, to the propriety of voting for or against said proposed convention, it is hereby made the duty of the several sheriffs in this State, to give six weeks' public notice, in a newspaper, if one is published in his county; if not, by written notices, in all the townships in said county, in

11-5055

writing, calling on the people to vote for or against a convention; and that, in the language of the present constitution, there will not be a convention called unless a majority of all the votes given at such election, shall be in favor of a convention; and urging the people to vote for or against said convention, and setting forth in said notice, that said voting for or against said convention, is in obedience to the constitution of this State, and that the people of their respective counties will not have the right to vote for or against another convention for the space of twelve years.

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 column, 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 throughout this State, to certify and make returns of all the votes given for or against a convention, to the Secretary of State, in the same way and manner that votes given for Governor and Lieutenant Governor are required by law to be certified, and subject to the same penalties for a neglect of duty. 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.

[blocks in formation]

The following election notice of the election of 1840 on the question of calling a constitutional convention was given to the voters of Knox county.

[Western Sun and General Advertiser, August 8, 1840.]

Pursuant to the provisions of an act of the last General Assembly of the State of Indiana entitled “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," approved February 22, 1840, the qualified voters of Knox county are hereby notified that a poll will be opened in the several townships, by the inspectors and judges of elections, on the first Monday in

August next, for the purpose of receiving their votes for or against a convention to revise the constitution of Indiana; and it is made the duty of said inspectors and judges, at the time they announce the name of the voter, to put to said voter this question-"Are you in favor of calling a Convention, or not?''—And in pursuance also of said law, the people of said county are hereby urged to vote for or against said convention; and they will not have the right to vote for or against another convention for the space of twelve years.

Given under my hand at Vincennes, in said county, this eleventh day of July, 1840. Z. Pulliam, Sheriff.

91. Inquiry as to Expediency of Calling Constitutional Convention (December 29, 1841).

[Twenty-sixth Session, 1841-42. Samual Bigger, Governor, Whig. The Indiana State Sentinel of December 6, 1842, gives the following classification: Senate 22 Democrats, 28 Whigs; House-54 Democrats, 45 Whigs. The Semi-Weekly Journal of August 28, 1841, gives the following: Senate-28 Whigs, 21 Democrats and one vacancy (Daviess county). This member was an opponent of the regular Whig candidate but was himself supposed to be a Whig. House 45 Whigs, 56 Democrats. The same paper of August 9, 1842, gives the membership of the House as 47 Whigs, 53 Democrats. The Western Sun of September 4, 1841, classifies the members of the House as 54 Democrats, 46 Whigs.]

Introduced in the House on December 29, 1841, by Chapman of Hancock county, and immediately rejected.

[House Journal, Twenty-sixth Session, 234.]

Resolved, That the judiciary committee be requested to enquire into the constitutionality and propriety of the legislature at the present session, authorizing by law the calling of a convention to alter or amend the constitution of the State of Indiana.

92. Inquiry as to Expediency of Calling Constitutional Convention (December 5, 1843).

[Twenty-eighth Session, 1843-44. James Whitcomb, Governor, Democrat. The Indiana State Sentinel of August 15, 1844, gives the following political classification of the 28th General Assembly: Senate-25 Whigs, 25 Democrats; House 46 Whigs, 54 Democrats. The Indiana State Journal of August 29, 1843, gives the same data.]

Introduced in the Senate on December 5, 1843, by William B. Mitchell, and laid on the table.

[Senate Journal, Twenty-eighth Session, 9.]

Resolved, That the committee on the judiciary be instructed to enquire into the expediency of reporting a bill providing for the

« PreviousContinue »