[House Journal, Thirty-third Session, 35.]

A bill to provide for taking the sense of the qualified voters of the State of Indiana, on the calling of a convention to alter, revise, or amend the Constitution of the State.

117. Constitutional Amendments (December 14, 1848).

The following resolution was introduced in the Senate on December 14, 1848 by Alonzo A. Morrison (Democrat). There is no further record of its adventure.

[Senate Journal, Thirty-third Session, 84.]

A joint resolution relative to "amendments in the Constitution."

118. Expediency of Amending the Constitution in Certain Particulars (December 15, 1848).

The following resolution was introduced in the House on December 15, 1848, by Henry Brady (Democrat), but failed of adoption.

[House Journal, Thirty-third Session, 97.]

Resolved, That the Committee on the Judiciary be directed to inquire into the expediency of reporting a bill at the earliest practicable period, providing for the calling of a convention to amend the Constitution of this State in the following particulars: 1st. So that the sessions of the General Assembly shall be but once in two years, except when convened by order of the Governor, in cases of emergency. 2d. So that the county seminary funds. may go to the common school fund. 3d. And so that the Auditor, Treasurer and Secretary of State, may be elected by the people.

119. Calling a Constitutional Convention (December 15, 1848).

On December 15, 1848, a joint resolution relative to amendments to the Constitution and a bill relative to calling a constitutional convention were introduced in the House. On December 16, both the resolution and the bill were referred to the select committee which had the constitutional proposition under consideration at this session. On December 22, when the committee made its report, it recommended that the resolution and bill should be laid on the table.

[House Journal, Thirty-third Session, 98.]

A joint resolution relative to amendments to the Constitution.

[House Journal, Thirty-third Session, 99.]

A bill providing for taking the sense of the qualified voters of this State,

on calling a convention to alter, revise, or amend the Constitution of this State.

120. Calling a Constitutional Convention (January 15, 1849).

Introduced in the Senate on December 15, 1848, by Alonzo A. Morrison (Democrat); referred to a select committee of one from each congressional district (5 Democrats and 5 Whigs) on December 18 with instructions to amend the bill so that "the vote shall be viva voce, instead of by ballot," and to "enquire into and report to the Senate, the probable expense of such convention." On December 30, the committee submitted the following report which was concurred in.

[Senate Journal, Thirty-third Session, 245.]

The select committee to which was referred bill of the Senate No. 60, "A bill to provide for taking the sense of the qualified voters of this State on the calling of a convention to alter, revise, and amend the Constitution of this State, have had the same under consideration and a majority of the committee have instructed me to report the same to the Senate with the following amendments, upon the adoption of which they recommend its passage:

Strike out section three and insert the following:

Sec. 3. The inspectors of elections at the several places of voting, shall propose to each voter presenting a ballot the question, "Are you in favor of a convention to amend the constitution?'' and those who are in favor of such convention, shall answer in the affirmative; and those who are against such convention, shall answer in the negative; which answers shall be duly recorded by the clerks of such election.

Amend section five (5) as follows:

After the word convention in line five add the following, "And also all the votes that were given at such election."

The committee would further report in accordance with the instructions of the Senate, they have endeavored to ascertain the probable expense of such convention, but having no data upon which to predicate any calculation as to said expense, such as the number of members of the proposed convention, the amount of their per diem allowance, the probable length of their session, and various contingent expenses, they cannot comply with the request of the Senate, and therefore ask to be discharged from the further consideration of the subject.

On motion, Section 3 of the proposed measure was amended follows:

[Senate Journal, Thirty-third Session, 245.]

Sec. 3. The inspectors of elections at the several places of voling shall propose to each voter presenting a ballot the question, "Are you in favor of a convention to amend the constitution?'' and those who are in favor of such convention, shall answer in the affirmative; and those who are against such convention, shall answer in the negative; which answers shall be duly recorded by the clerks of such election, and the clerk of the board doing county business shall furnish a poll book with the proper columns for that purpose.

On January 2, 1849, the bill passed the Senate by a vote of 34-12. (26 Democrats and 8 Whigs in favor of passage, 11 Whigs and 1 Democrat opposed.) And the House on January 13 by a vote of 80-2 (47 Democrats and 33 Whigs in favor of passage, 2 Whigs opposed). See Appendix VI.

[Laws, Thirty-third Session, 36.]

AN ACT to provide for taking the sense of the qualified voters of the State on the calling of a Convention to alter, amend, or revise the Constitution of this State.

Section 1. Be it enacted by the General Assembly of the State of Indiana, That it shall be the duty of the inspectors and judges of elections in the several townships within each county in this State at the annual election in August next, to open a poll in which shall be entered all the votes given for or against the calling of a convention to alter, revise, or amend the Constitution of this State.

Sec. 2. Every qualified voter in this State, may, if he choose, at the annual election in August next, vote for or against the calling of a convention, for the purpose mentioned in the first section of this act.

Sec. 3. The inspectors of elections at the several places of voting, shall propose to each voter presenting a ballot the question "are you in favor of a convention to amend the Constitution?" and those who are in favor of such convention shall answer in the affirmative, and those who are against such convention shall answer in the negative, which answers shall be duly recorded by the clerks of such election, and the clerks of the boards doing county business shall furnish a poll-book with proper columns for that purpose.

Sec. 4. It is hereby made the duty of the inspectors and judges of elections to certify the number of votes given for or 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 given and certified.

Sec. 5. It shall be the duty of the clerks of the circuit courts throughout the State to certify and make returns of all the votes given for and against a convention, and also all the votes that were given at such election, to the Secretary of State, in the same way and manner that votes for Governor and Lieutenant Governor are required by law to be certified, and they shall be 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 of December next all the returns by him. received, pursuant to the provisions of this act.

Sec. 6. It shall be the duty of the several sheriffs of this State to give six weeks' notice in a newspaper, if one is published in his county; if not, by written notices in each township of his county, that there will be a poll opened for the purposes specified in this act.

121.

Approved, January 15, 1849.

Official Notice of Election on Constitutional Question (June 27, 1849).

The official notice of the election to be held in Jefferson county on the question of calling a constitutional convention was issued on June 27, and is as follows:

[The Madison Weekly Courier, June 30, 1849.]

PROCLAMATION

Notice is hereby given to the qualified voters of Jefferson County, Indiana, that there will be an election held at the usual place of holding elections in said county-also at North Madison, in Madison township-on Monday, the sixth day of August next, it being the first Monday in August, according to law, for the purpose of electing one Governor and one Lieutenant-Governor for the State of Indiana; and a Congressman for the Second Congressional District of Indiana; three Representatives to the State Legislature for said county; one Sheriff; one Treasurer; one Auditor; one Recorder; one Assessor; and one County Commissioner for the Third district, to fill the vacancy occasioned by the expiration. of the term of John E. Gale, Esq.; also for or against the calling of a Convention to alter, amend, and revise the Constitution of In

13-5055

diana; also for or against the act of the Legislature of Indiana, 1848-49, to increase and extend the benefits of common schools. Henry Deputy, Sheriff Jeff. Co.

122.

Democratic Platform of January 8, 1849.

The Democratic State Convention of 1849 met in Indianapolis on January 8. The bill providing for the submission of the question of calling constitutional convention had already passed the Senate and was under consideration by the House. As the calling of a convention was substantially assured, the Democratic Convention adopted the following resolution relative to that subject.

[Indiana State Sentinel, January 11, 1849.]

Resolved, That it is expedient that a convention should be held for the purpose of amending the Constitution of the State; and that the following, among other provisions, should be incorporated in the amended Constitution:

First, That no public debt shall be contracted, without laying a tax at the same time for paying the interest annually, and for the gradual redemption of the principal: nor until the proposal to contract such debt shall have been submitted for decision to the people, at a General Assembly.

Second, That the sessions of the General Assembly shall hereafter be held once in two years only, except in cases of emergency, when the Governor may call a special session.

Third, That all elections by the legislature shall be viva voce, instead of by ballot.

123.

Governor Dunning's Recommendations Relative to a Convention (December 4, 1849).

[Thirty-fourth Session, 1849-50.

Joseph A. Wright, Governor, Democrat. Senate 29 Democrats, 21 Whigs; House-58 Democrats, 42 Whigs. (Indiana State Journal, December 10, 1849.)]

In his message to the legislature on December 4, 1849, Governor Paris C. Dunning2 laid before the General Assembly the results of the election on the question of calling a constitutional convention and made certain recommendations relative to the election of delegates.

[Senate Journal, Thirty-fourth Session, 20.]

In conformity with the provisions of an act, entitled "An act for taking the sense of the qualified voters of the State, on the calling of a convention, to alter, amend, or revise the constitution of

2. Joseph A. Wright became governor on December 5, 1849.