Sect. 3. The Representatives shall be chosen annually, by the qualified electors of each County respectively, on the first Monday of August.8

Sect. 4. No person shall be a Representative, unless he shall have attained the age of twenty-one years, and shall be a Citizen of the united States, and an inhabitant of this state, and shall also have resided within the limits of the County, in which he shall be chosen, one year next preceeding his election; if the County shall have been so long erected, but if not, then within the limits of the County or Counties out of which it shall have been taken; unless he shall have been absent on the public business of the united States, or of this state, and shall have paid a State or County tax.9

Sect. 5. The Senators shall be chosen for three years, on the first Monday in August, by the qualified voters for Representatives; and on their being convened, in consequence of the first election, they shall be divided by lot, from their respective Counties, or districts, as near as can be, into three classes; the seats of the senators of the first class shall be vacated at the expiration of

8. Sections 1, 2 and 3 were reported by the committee as follows, the amendments which were made thereto are not recorded in the Journal.

Sec. 1. The legislative authority of this State shall be vested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people.

Sec. 2. Within

years after the first meeting of the general assembly, and within every subsequent term of years, an enumeration of all the white male inhabitants above twenty-one years of age, shall be made in such manner as shall be directed by law. The number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature and apportioned among the several counties according to the number of white male inhabitants above twenty-one years of age in each, and shall never be less than until the number of white male inhabitants, above twenty-one years of age shall be thousand; after that event, at such ratio that the whole number of representatives shall never be less than nor exceed

nor greater than

annually by the citizens of each coun(Conv. J., pp. 15-16.)

Sec. 3. The representatives shall be chosen ty respectively, on the first Monday of August. 9. Reported by committee as follows: Sec. 4. No person shall be a representative who shall not have attained the age of thirty years, and be a citizen of the United States, and an inhabitant of this state; shall also have resided within the limits of the county in which he shall be chosen two years next preceding his election, unless he shall have been absent on the public business of the United States, or of this State, and shall have paid a State or county tax. (Conv. J., p. 16.)

Amended in committee of the whole, by consent, to read as follows:

Sec. 4. No person shall be a representative who shall not have attained the age of thirty years, and be a citizen of the United States, and an inhabitant of this State; shall also have resided within the limits of the county in which he shall be chosen two years next preceding his election, if the county shall have been so long erected; but if not, within the limits of the county or counties out of which it shall have been taken unless he shall have been absent on the public business of the United States, or of this State, and shall have paid a State or county tax. (Conv. J., p. 40.) An attempt to strike out the expression, tax,'' was lost by a vote of 19-23. (Conv. J.,

and shall have paid a State or county pp. 39-40.)

the first year; & the second class, at the expiration of the second year; and of the third class, at the expiration of the third year; so that one third thereof, as near as possible, may be annually chosen forever thereafter.10

Sect. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the General Assembly, and apportioned among the several Counties or districts, to be established by law, according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than one third, nor more than one half of the number of Representatives."

Sect. 7. No person shall be a senator, unless he shall have attained the age of twenty-five years, and shall be a Citizen of the united States, and shall, next preceeding the election, have resided two years in the state, the last twelve months of which, in the County or district in which he may be elected; if the county or district shall have been so long erected, but if not, then within the limits of the County, or Counties, district or districts, out of which the same shall have been taken; unless he shall have been absent

Sec. 5. The senators shall be chosen biennially on the first Monday in August, by qualified voters for representatives; and on their being convened in consequence of the first election, they shall be divided by lot from their respective counties or districts, as near as can be, into two classes; the seat of the senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year, so that one-half thereof, as near as possible, may be annually chosen forever thereafter. (Conv. J., p. 16.)

Amended in committee of the whole, by consent, to read as follows:

Sec. 5. The senators shall be chosen for three years on the first Monday in August, by qualified voters for representatives; and on their being convened in consequence of the first election, they shall be divided by lot from their respective counties or districts, as near as can be, into two classes; the seat of the senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year, so that one-half thereof, as near as possible, may be annually chosen forever thereafter.

As originally reported, this section provided for the biennial election of State senators; according to the strict text of the Journal, the word 'biennially'' was stricken out and the word triennially' inserted, although there is some evidence that this is a misprint; later, according to the Journal, the word triennially'' was stricken out and the expression for three years'' inserted. After the adoption of this amendment, an unsuccessful attempt, lost by a vote of 17-25, was made to provide for the biennial election of senators. (Conv. J., p. 40.)

11. Reported by committee as follows:

Sec. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature and apportioned among the several counties or districts to be established by law, according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than of the number of representatives. (Conv. J., p. 16.)

nor more than

The amendments to this section are not recorded.

on the public business of the united States, or of this state, and shall moreover, have paid a State or County tax.12

Sect. 8. The house of Representatives, when assembled, shall choose a Speaker, and its other officers, and the Senate shall choose its officers, except the president; and each shall be judges of the qualifications and elections of its members; and sit upon its own adjournments. Two thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members.13

Sect. 9. Each house shall keep a Journal of its proceedings, and publish them: The yeas and nays of the members, on any question, shall, at the request of any two of them. be entered on the Journals.

Sect. 10. Any one member of either house, shall have liberty to dissent from, and protest against any act or resolution, which he may think injurious to the public, or any individual or individuals, and have the reason of his dissent entered on the Journals.

Sect. 11. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the Legislature of a free and independent State.

Sect. 12. When vacancies happen in either branch of the Gen

Sec. 7. No person shall be a senator who has not arrived at the age of thirty years, and is a citizen of the United States, shall have resided two years in the county or district immediately preceding the election, unless he shall have been absent on the public business of the United States, or of this State, and shall moreover have paid a State or county tax. (Conv. J., p. 16.)

After the adoption of certain unrecorded amendments in committee of the whole. the following provision was adopted by consent: "if the county or district shall have been so long erected; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been so taken." (Conv. J., p. 40.)

13. Reported by committee as follows:

Sec. 8. The house of representatives, when assembled, shall choose a speaker, and the senate, when assembled, shall choose a president, and shall each choose its other officers, be judges of the qualifications and elections of its members, and sit upon its own adjournments. of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members. (Conv. J., p. 16.)

Amended in committee of the whole, by consent, to read as follows:

Sec. 8. The house of representatives, when assembled, shall choose a speaker, and the senate, when assembled, shall choose a president, unless in cases otherwise directed by this constitution, when it becomes necessary and shall each choose its other officers, be judges of the qualifications and elections of its members, and sit upon its own adjournments. of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members. (Conv. J., p. 39.)

eral Assembly, the Governor, or the person exercising the power of Governor, shall issue writs of election to fill such vacancies.

Sect. 13. Senators and Representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest, during the Session of the General Assembly, and in going to, or returning from the same; and for any Speech or debate in either house, they shall not be questioned in any other place.

Sect. 14. Each house may punish, by imprisonment, during their Session, any person, not a member, who shall be guilty of any disrespect to the house, by any disorderly, or contemptuous behaviour in their presence; provided such imprisonment shall not, at any one time, exceed twenty-four hours.

Sect. 15. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the House, may require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting.

Sect. 16. Bills may originate in either house, but may be altered, amended or rejected by the other.

Sect. 17. Every bill shall be read on three different days in each house, unless, in case of urgency, two-thirds of the house, when such bill may be depending, shall deem it expedient to dispense with this rule: And every bill having passed both houses, shall be signed by the president and speaker of their respective houses.

Sect. 18. The style of the laws of this State shall be, "Be it enacted by the General assembly of the State of Indiana.

9914

14. Sections 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 were reported by the committee as follows, and the amendments which were made thereto are not recorded in the Journal.

Sec. 9. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members on any question, shall, at the desire of any one of them, be entered on the journals.

Sec. 10. Any one member of either house shall have liberty to dissent from, and protest against, any act or resolution which he may think injurious to the public or any individual or individuals, and have the reason of his dissent entered on the journals.

Sec. 11. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent state.

Sec. 12. When vacancies happen in either house, the governor, or the person exercising the powers of governor, shall issue writs of election to fill such vacancies.

Sec. 13. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same, and for any speech or debate in either house, they shall not be questioned in any other place.

Sec. 14. Each house may punish, by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to the house by any disorderly

Sect. 19. All bills for [for] raising revenue shall originate in the house of Representatives, but the senate may amend or reject, as in other bills.15

Sect. 20. No person, holding any office under the authority of the President of the United States, or of this State, Militia officers excepted, shall be eligible to a seat in either branch of the General Assembly; unless he resign his office, previous to his election; nor shall any member of either branch of the General Assembly, during the time for which he is elected, be eligible to any office, the appointment of which is vested in the General Assembly: Provided That nothing, in this constitution, shall be so construed, as to prevent any member of the first Session of the first General Assembly from accepting any office, that is created by this constitution, or the Constitution of the united States, and the salaries of which are established.16

or contemptuous behaviour in their presence; provided such imprisonment shall not at any one time exceed

Sec. 15. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as in the opinion of the house require secrecy. Neither house shall, without the consent of the other adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting.

Sec. 16. Bills may originate in either house, but may be altered, amended or rejected by the other.

Sec. 17.

Every bill shall be read on three different days in each house; unless in cases of urgency, two-thirds of the house when such bill is so depending, shall deem it expedient to dispense with this rule: And every bill having passed both houses, shall be signed by the president and speaker of their respective houses.

Sec. 18. The style of the laws of this State shall be- Be it enacted by the general assembly of the (Conv. J., pp. 17-18.)

15. No section corresponding to Section 19 was reported by the committee and there is no record of the time or manner of its adoption.

16.

The committee reported a section numbered 19, which is apparently the nucleus of Section 20, in the following form:

Sec. 19. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State, which shall have been created, or the emoluments of which shall have been increased, during such time. (Conv. J., p. 18.)

An amendment, the nature of which is not indicated, was proposed to original Section 19 in committee of the whole, and it was then moved that Section 19 and the proposed amendment be referred to a select committee. There is no evidence that the motion was adopted or acted upon. (Conv. J. p. 33.) On June 26, after Article III had been reported back from the Committee of Revisions, the following proviso was adopted by a vote of 22-19.

Provided, That nothing in this constitution shall be so construed as to prevent any member of the first session of the first general assembly accepting any office that is created by this constitution, or the constitution of the United States, and the salaries of which are established. (Conv. J., p. 58.)

The words or territory'', which occurred in the draft under consideration, were stricken out.

A proposed amendment to render justices of the peace eligible to seats in the General Assembly, the same as military officers, was rejected by a vote of 25-14.

An attempt to strike out the whole section as finally amended was lost by a vote of 28 to 9. (Conv. J., pp. 58-9.)