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throughout this state, to certify and make returns of all the votes given for and 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. Approved, January 14, 1828.

77.

Discontinuance of Annual Sessions of the General Assembly (January 10, 1829).

[Thirteenth Session, 1828-29. James B. Ray, Governor, Adherent of Adams and Clay. The Western Sun (December 20, 1828) says the Presidential question influenced the voting for Speaker at the 13th Session. The candidates for Speaker were Samuel Judah, an adherent of Jackson, (Democrat) and Isaac Howk, an adherent of Adams (Whig). All of Adams' friends but two supported Howk, and one member was absent who favored Judah. According to this calculation, the House must have consisted of 31 Adams adherents and 27 Jackson adherents, so far as known.]

On December 8, 1828, the House Judiciary Committee reported that they had examined the returns on the proposition of calling a constitutional convention and had found a majority against a convention, and therefore they deemed any legislation on the subject inexpedient. However on January 10, 1829, a resolution was introduced in the House by Ezra F. Pabody providing for the discontinuance of annual sessions of the General Assembly. The resolution was laid on the table and not subsequently considered. (See Document No. 78.)

[House Journal, Thirteenth Session, 387.]

WHEREAS, An opinion seems to be prevalent among the people of this state, that annual sessions of the legislature, occasion an expenditure of public money, and other inconveniences without corresponding benefits: Therefore,

Resolved, That the committee on elections enquire into the propriety and expediency of providing by law, for the people, at their next annual election, to express their assent or dissent to a proposition to amend the twenty-fifth section of the third article. of the constitution, so that the legislature shall meet biennially only, except when convened by the executive in cases of emerency.

Mr. [Merritt S.] Craig moved to amend said resolution, so as to make it imperative on said committee to report a bill. Which motion was carried in the affirmative.

Mr. [William] Trafton moved to amend the same by striking out the word "biennially", and inserting "triennially."

78.

Biennial Sessions of General Assembly; Biennial Election of Senators and Representatives; and Impeachment Trials (January 10, 1829).

On January 10, 1829, the following resolution was submitted by Newton Claypool for the consideration of the Senate. (See Document No. 77.)

[Senate Journal, Thirteenth Session, 226.]

WHEREAS the opinion is prevalent among the people of this state, that the annual meeting of the general assembly is attended with great expense, without a correspondent benefit: therefore,

Resolved, That the committee on elections be directed to enquire into the propriety of preparing an amendment to the constitution of this state, to be submitted to the people for their acceptance or rejection at the next annual election, so to amend the constitution, in reference to that particular, as to require the general assembly to meet in future biennially only, subject to be convened by the Governor in cases of emergency.

This resolution was amended to read as follows and was then rejected by a vote of 8-13 on January 10.

[Senate Journal, Thirteenth Session, 227.]

WHEREAS the opinion is prevalent among the people of this state, that the annual meeting of the general assembly is attended with great expense, without a correspondent benefit; therefore,

Resolved, That the committee on elections be directed to enquire into the propriety of reporting a bill providing for taking a vote of the people at the next annual election, whether they are in favor of calling a convention to change the constitution so that hereafter the Legislature shall meet biennially; and further to amend the constitution so as to elect senators, and representatives biennially, and to authorize the trials of justices of the peace by the circuit court, and the trials of circuit judges in case of impeachment, before the supreme court, as well as all the officers below the grade of supreme judges in the same court.

79. Biennial Sessions; Impeachments and Other Amendments (December 19, 1829).

[Fourteenth Session, 1829-30. James B. Ray, Governor, Adherent of Adams and Clay.] On December 19, 1829, the following resolution was introduced in the House by Dennis Pennington.

[House Journal, Fourteenth Session, 157.]

Resolved, That the committee on elections be instructed to

report a bill to this house, to take the sense of the people of this state, at the next general election, whether they wish to call a convention, to so modify the constitution that there shall be one meeting of the general assembly, in two years; and that impeachments of civil officers before the senate, be given to the circuit courts.

On December 21, after two amendments had been accepted, the resolution was adopted in the following form by a vote of 41-17.

[House Journal, Fourteenth Session, 169.]

Resolved, That the committee on elections be instructed to enquire into the expediency of reporting a bill to this house to take the sense of the people of this state, at the next general election, whether they wish to call a convention, to so modify the constitution of this state, that there shall be one meeting of the general assembly in two years; and that impeachments of civil officers before the Senate, be given to the circuit courts, and to make such other amendments thereto as may be deemed necessary.

On January 22, 1830, the Committee on Elections submitted the following report expressing its opinion that it was inexpedient to legislate upon the constitutional question at that time.

[House Journal, Fourteenth Session, 421.]

Mr. [David] Hillis, from the committee on elections, to which was referred a resolution of the house, instructing them to enquire into the expediency of reporting a bill providing for taking the sense of the people at the next general election of this state, whether they wish to call a convention to modify the constitution so as to provide for a biennial meeting of the legislature, &c. reported,

That they have had that subject under consideration, and are of opinion that it is inexpedient to legislate upon it at this time.

80. Impeachments and Biennial Sessions (December 22, 1829).

The following resolution, designed to secure amendments to the constitution relative to impeachments and biennial sessions without calling a constitutional convention, was submitted for the consideration of the Senate on December 22, 1829, by John M. Lemon, but was immediately rejected by a vote of 9-13. (See Document No. 83.)

[Senate Journal, Fourteenth Session, 136.]

WHEREAS, the people are the legitimate distributors of all

power exercised by the government and of those who administer the same; and whereas the people have a right to change, alter, amend or new-model their government, without appointing delegates to meet in convention for that purpose, if any mode can be adopted, by which every citizen may have a voice, so that the will of a majority can be ascertained; therefore,

Resolved, That the committee on the judiciary be instructed to report a bill to the senate to give to the people at the next general election the privilege of voting at the polls on the following propositions to change and alter the constitution; first to give to the circuit court the power of trying and determining impeachments in their respective counties upon presentment by grand juries of all inferior officers, such as probate judges, clerks, sheriffs, coroners, recorders, justices of the peace, etc., saving to the accused the right of trial by a petit jury; second, To alter the times of the setting of the legislature so as to require but one session every two years, instead of one every year, unless oftener convened by the executive of the state; and to number the propositions as here numbered, one and two, so that at the election aforesaid the people may vote for the one, and against the other, or for both as they may think proper; and at the next meeting of the legislature, on the second Monday thereof, the President of the senate, and the Speaker of the house of representatives in the presence of both houses shall count the votes for and against each proposed amendment; and if upon counting the votes, there shall appear to be a majority in favor of either or both proposed amendments, the one or both shall then be taken as a part of the constitution.

81.

Revision of the Constitution (January 23, 1830).

On January 23, 1830, a bill was introduced in the House by Dennis Pennington providing for a revision of the Constitution, and was advanced to second reading. An attempt to indefinitely postpone the measure was defeated by a vote of 25-32. The bill was then committed to the committee of the whole, but on January 29, 1830, the consideration of the bill was discontinued. Only the title of the bill has been preserved. At the following session on December 13, 1830, this bill was reported as unfinished business; it was referred to the Committee on Judiciary who recommended indefinite postponement and the measure was laid on the table.

[House Journal, Fourteenth Session, 435.]

A bill respecting a revision of the Constitution of this State.

82. Constituting General Assembly a Constitutional Convention; Impeachments and Biennial Sessions (February 3, 1831).

[Fifteenth Session, 1830-31. Noah Noble, Governor, Whig. The Lawrenceburg Palladium of September 18, 1830, reported that the Jackson men were in a majority in the Senate and that they also had a majority of six or seven in the House.]

Presented in the Senate on February 3, 1831, by John Ewing and laid on the table by a vote of 11-10.

[Senate Journal, Fifteenth Session, 435.]

Resolved, That a select committee be appointed with instructions to prepare and present a bill, to give the people the privilege. of voting at the next August election upon a proposition that the next General Assembly shall act as a convention to change the constitution, on the following points, namely: impeachment of inferior officers, so that the circuit courts upon presentment or indictment, shall have the right of trial, and to regulate future sessions of the General Assembly, so as to convene only once every two years, unless called by the executive to provide for some case of pressing emergency.

83. Impeachments; Biennial Sessions; Adoption of Amendments Without a Constitutional Convention (December 27, 1831).

[Sixteenth Session, 1831-32. Noah Noble, Governor, Whig. The Lawrenceburg Palladium of August 20, 1831, in an incomplete list of the members of the General Assembly, says that 6 of the Senators were adherents of Jackson and 7 were opposed; in the House, 30 members were Jackson men, 39 were opponents and one was disputed. The Western Sun of February 4, 1832, quoting from the Indiana Palladium, says that in the House 36 members were friendly to Jackson and 39 were opposed.]

Introduced in the Senate on December 27, 1831, by John M. Lemon, and immediately rejected by a vote of 4-25. (See Document No. 80.)

[Senate Journal, Sixteenth Session, 146.]

WHEREAS, the people are the legitimate distributors of all power exercised by the Government, and of those who administer the same, and whereas the people have a right to change, alter, amend or new-model their government without appointing delegates to meet in convention for that purpose, if any mode can be adopted by which every citizen may have a voice so that the will of a majority can be ascertained, therefore,

Resolved, That the committee on the judiciary be instructed to report a bill to the Senate, to invite the people, at the next general election, to exercise the privilege of voting at the polls, on the following propositions, to change and alter the constitution:

1st. To give to the circuit courts the power of trying and

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