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on the proper subordinate tribunals of the country, the requisite power to adjust all such questions as are properly and exclusively the subjects of special enactments. If this course is deemed impolitic, I trust that such provision will be made in the contemplated new constitution, as will effectually prevent it.

124. Providing for a Convention (January 18, 1850).

Introduced in the Senate on December 4, 1849, by Frank P. Randall (Democrat), and referred to a select committee of 10 (6 Democrats and 4 Whigs); reported back from committee on December 14 with several amendments and the recommendation that the bill do pass. In the course of its consideration by the committee and by the Senate, the following amendments were proposed, considered and either adopted or rejected:

Changing the date of the election of delegates from the first Monday in April to the first Monday in August. Adopted.

The committee recommended that the membership of the convention should consist of "two delegates from each Senatorial district of this State, as the same is now districted." On the floor of the Senate the following provisions were suggested: That the membership of the convention should consist of "a number of delegates in each Senatorial district, equal to the number of Senators and Representatives to which each of said districts is entitled in the year 1850, to be elected by said Senatorial districts." Laid on the table. "To provide one instead of two delegates from each Senatorial district." Laid on the table by a vote of 36-12. To "make a fair and equitable apportionment among the respective counties of the State, not to amount in the aggregate to a greater number than one hundred delegates." Laid on the table. "That each county have one delegate, and each county with 1,700 polls, adopting the vote of November, 1848, at the presidential election as a basis, two delegates, and every fraction of 700 over two thousand, three delegates, and every fraction of 700 over three thousand, four delegates." Laid on the table. "That each county shall elect one delegate, and Senatorial districts shall elect one delegate." Laid on the table by a vote of 25-23. "That the representation shall be equal in numbers to the House of Representatives as the same shall be represented in 1850." Laid on the table. "One delegate for each and every one thousand votes, and an additional number for every surplus of 700 votes, taken by Senatorial districts, and based upon the Presidential vote of 1848; total number, 140 delegates." Laid on the table by a vote of 37-13. Provided, "That the district consisting of the counties of Clay, Vigo and Sullivan shall be entitled to three delegates; and the counties of Knox, Daviess, and Martin shall together be entitled to three delegates in said convention." Laid on the table. "Each county, which gave less than 1,500 votes at the Presidential election last past, shall be entitled to one delegate, and each county which, at said election, gave over 1,500 and less than 3,000 votes shall be entitled to two delegates, and each county which gave at said election, over 3,00 votes shall be entitled to three delegates." Laid on the table. "To make a fair and equitable apportionment among the respective counties of the State, not to amount, in the aggregate, to more than 150, nor less than 100 delegates." Rejected. "Provided that he (the delegate) shall have resided within the district one year next preceding said election."

Laid on the table. "Provided, That each district having over 3,500 votes cast at the November election, 1848, be, and the same is entitled to three delegates; and each district having cast at said election over 5,000 votes, shall be entitled to four delegates." Laid on the table by a vote of 25-22. “That each Senatorial district that cast 4,000 votes at the last annual election shall be entitled to one additional member." Laid on the table by a vote of 29-17. "The number of delegates to said convention shall be equal to the number of representatives in the present General Assembly, and shall be elected in the same districts as they are now elected to the House of Representatives: Provided, however, That each county shall have one delegate to said convention." Laid on the table.

"Each county to have one delegate, and each Senatorial district having over 3,000 voters an additional delegate, and if over 5,000, two additional delegates." Laid on the table by a vote of 31-15. The following proposed amendment was laid on the table by a vote of 30-16; "That the delegates to said convention shall be apportioned as follows, to-wit:

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"To district the State giving one delegate to each district; Provided, The whole number of delegates shall not exceed 130.” Rejected by a vote of 9-38. "The said convention shall consist of delegates who shall be elected by the respective counties of this State as follows, to-wit:

The county of Miami shall elect one delegate;
The county of Wabash shall elect one delegate;
The county of Ripley shall elect two delegates;

The county of St. Joseph shall elect one delegate;

The counties of Marshall and Fulton shall elect one delegate;

The county of Vigo shall elect one delegate;

The county of Sullivan shall elect one delegate;

The county of Clay shall elect one delegate;
The county of Daviess shall elect one delegate;
The county of Martin shall elect one delegate;
The county of Rush shall elect two delegates;
The county of Orange shall elect one delegate;
The county of Crawford shall elect one delegate;
The county of Vanderburgh shall elect one delegate;
The county of Posey shall elect one delegate;
The county of Lawrence shall elect two delegates;
The county of Elkhart shall elect one delegate;

The county of Lagrange shall elect one delegate;

The county of Noble shall elect one delegate;

The counties of Steuben and DeKalb shall elect one delegate;

The county of Franklin shall elect two delegates;

The county of Dearborn shall elect two delegates;

The county. of Randolph shall elect one delegate;

The counties of Blackford and Jay shall elect one delegate;

The county of Gibson shall elect one delegate;

The counties of Pike and Dubois shall elect one delegate;

The county of Washington shall elect two delegates;
The county of Tippecanoe shall elect two delegates;

The county of Allen shall elect one delegate;

The counties of Adams and Wells shall elect one delegate;

The county of Decatur shall elect two delegates;

The county of Green shall elect one delegate;

The county of Owen shall elect one delegate;

The county of Marion shall elect two delegates;

The counties of Cass, Pulaski, and Howard shall elect two delegates;
The county of Hancock shall elect one delegate;
The county of Madison shall elect one delegate;
The county of Carroll shall elect one delegate;
The county of Clinton shall elect one delegate;
The county of Monroe shall elect one delegate;
The county of Brown shall elect one delegate;
The county of Delaware shall elect one delegate;
The county of Grant shall elect one delegate;
The county of Kosciusko shall elect one delegate;

The counties of Huntington and Whitley shall elect one delegate;
The county of Parke shall elect one delegate;

The county of Vermillion shall elect one delegate;
The county of Scott shall elect one delegate;
The county of Jackson shall elect one delegate;
The county of Henry shall elect two delegates;

The county of Boone shall elect one delegate;

The counties of Hamilton and Tipton shall elect one delegate;

The county of Warrick shall elect one delegate;

The counties of Perry and Spencer shall elect one delegate;

The county of Putnam shall elect two delegates;

The county of Johnson shall elect two delegates;
The county of Hendricks shall elect two delegates;
The county of Jefferson shall elect two delegates;
The county of Bartholomew shall elect one delegate;
The county of Jennings shall elect one delegate;

The county of Warren shall elect one delegate;

The counties of Benton, White, and Jasper shall elect one delegate;
The county of Harrison shall elect two delegates;

The county of Shelby shall elect two delegates;

The county of Clark shall elect two delegates;

The county of Montgomery shall elect two delegates;

The county of Floyd shall elect two delegates;

The county of Switzerland shall elect one delegate;
The county of Ohio shall elect one delegate;
The county of Wayne shall elect three delegates;
The county of Knox shall elect two delegates;
The county of Fountain shall elect two delegates;
The county of Morgan shall elect two delegates;
The county of Fayette shall elect one delegate;

The county of Union shall elect one delegate;

The county of Laporte shall elect one delegate; and

The counties of Porter and Lake shall elect one delegate.

And all persons entitled to vote by this act, for delegates, shall be eligible to be elected to a seat in said convention." Laid on the table by a vote of 28-21. "That the delegates shall be elected by representative districts as apportioned for 1850, each district to be entitled to at least one delegate; districts that polled for President in 1848, 2,000 and less than 3,000, two dele

gates-3,000, and under 4,000, three delegates-4,000 votes and over, four delegates." Laid on the table by a vote of 26-22. “The said convention shall consist of a number of delegates equal to the number of organized counties in the State together with the number of Senatorial districts; each county shall elect one delegate, except the counties of Wayne, Benton, and Jasper; the county of Wayne shall elect two delegates; the counties of Benton and Jasper shall elect one delegate jointly, and each Senatorial district, as the same is now districted, shall elect one delegate." Adopted by a vote of 27-19.

As originally reported, the bill provided that the convention should be held on the first Tuesday of May; the dates suggested were the second Monday in October, the first Monday in October, the second Tuesday in October and the second of November.

On January 3, 1849, section 2 of the bill was amended by unanimous consent by the addition of the following proviso: Provided, however, That the legal voters of Hamilton county alone shall elect the Senatorial delegate in the Senatorial district composed of the counties of Hamilton, Boone, and Tipton. Thereupon the bill passed the Senate. In the House, the same contest was waged over the question of representation. The following amendments were proposed: (1) Who shall be apportioned in the same manner that members of the State Senate shall then by law be apportioned, and they shall be chosen in the same method, at the same places and by the same electors, that choose the State Senate. No person shall be eligible to a seat in said convention who is not eligible to a seat in the House of Representatives of the State of Indiana. Laid on the table by a vote of 60-35. (2) Eligible to a seat in the House of Representatives of the General Assembly. Adopted by a vote of 60-36. (3) That said convention shall consist of a number of delegates equal to the whole number of members composing the House of Representatives of this State, who shall be apportioned in the same manner that members of the House of Representatives, shall then be by law apportioned, and they shall be chosen in the same method, and at the same places, and by the same electors that choose the General Assembly, and all persons entitled to vote by this act for delegates, shall be eligible to be elected to a seat in said convention; Provided, however, That no office holder under the State Constitution shall hold a seat or office in said convention, and any office holder taking or holding an office or seat in said convention, contrary to law, shall thereby forfeit his office under the State Constitution, and the same is hereby vacated; and it is hereby made the duty of the Governor to cause such vacancy to be filled in the mode and manner now provided by law. Laid on the table by a vote of 69-29. (4) Provided, That in addition to that number, there shall be one delegate elected from each county, where two or more counties form a representative district. Laid on the table. (5) Provided, however, That where two or more counties form one Representative district, then each county in said district shall be entitled to one delegate and no more. Laid on the table. (6) That each organized county in the State shall be entitled to elect one delegate, and all counties now entitled to two or more members in the House of Representatives at each session of the legislature shall each be entitled to two delegates in said convention. Laid on the table. (7) That the said delegates to said convention shall be elected by representative districts, as appointed for 1850. Districts polling less than 2,000 votes for President in 1848, one delegate; 2,000 and less

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