determining impeachments in their respective counties, upon presentments by grand jurors of all inferior officers, such as probate judges, clerks, sheriffs, coroners, recorders, justices of the peace, &c. saving to the accused, the right of trial by a petit jury.

2d. To alter the time of the sitting 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 be taken as a part of the constitution.

An attempt to amend this resolution "so that said committee be instructed to inquire into the constitutionality and expediency of making the proposed amendments to the constitution" was rejected by a vote of 12-17. The following wording of the resolution was then proposed but was rejected by a vote of 11-18.

[Senate Journal, Sixteenth Session, 147.]

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 judiciary committee be instructed to inquire into the expediency of providing by law, to take the sense of the people at the next August election, whether they wish to call a convention so to modify the constitution as to have one session of the General Assembly in two years, and transferring cases of impeachments to the circuit courts.

The following proposition, proposed as an amendment to the original resolution, was not adopted.

[Senate Journal, Sixteenth Session, 148.]

Resolved, That the people express their opinion as to the pro

priety of so amending the constitution as to give to Indians the rights and privileges of citizens.

84. Election of Senators, Representatives and Governor; Biennial and Special Sessions; Composition of Circuit Courts; Justices of the Peace Constituted a County Court; Viva Voce Elections; Disposition of Military Exemption Fines; Consolidation of Offices of Clerk and Recorder (January 22, 1833). [Seventeenth Session, 1832-33. Noah Noble, Governor, Whig. The Indiana Palladium of September 1, 1832, quoting from the Indiana Democrat, gives the following political classification of the General Assembly: Senate-11 Democrats and 19 Whigs; House 44 Democrats and 29 Whigs.]

Introduced in the House on January 22, 1833, by Carter of Ohio county, and rejected at once without vote.

[House Journal, Seventeenth Session, 467.]

Resolved, That the committee on the judiciary be instructed to enquire into the expediency of passing a law, at this session of the General Assembly authorizing the qualified voters of the State of Indiana to say by their vote, at the next August election, whether they want a convention called and the Constitution of the State of Indiana revised or not;

And further to enquire into the propriety of recommending to the people the certain sections in the said constitution that ought to be revised, together with the purposed amendments, as follows, to wit:

First, to so amend the third section, in the third article, that the representatives shall be elected once in every two years, on the first Monday in August, by the qualified electors of each county, respectively, and to so amend the fifth section of the third article, that the senators shall be elected for the term of four years, on the first Monday in August, by the qualified voters for representatives;

And to so amend the third section, in the fourth article, that the Governor shall be elected by the qualified electors for representatives, on the first Monday in August, at the places where they shall respectively vote for representatives, and shall hold his office for the term of four years, and until a successor shall be elected and qualified, and shall not be capable of holding it longer than eight years in any term of ten years.

And to so amend the thirteenth section in the fourth article, that the Governor shall, on all extraordinary occasions, convene the General Assembly at the seat of government, or at a different

place, if that shall have become since their last adjournment, dangerous from an enemy, or from contagious disorders; and in case of disagreement between the two Houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the time of their next biennial session;

And to so amend the third and fourth sections in the fifth article, that the circuit courts shall consist of one presiding judge, who shall hold their offices during the term of seven years, if they shall so long behave well;

And to so amend the twelfth section in the fifth article, that a competent number of justices of the peace, shall be elected by the qualified electors in each township in the several counties, and shall continue in office for the term of seven years, if they shall so long behave well, who shall constitute the county court in their several respective counties, to do the county business, whose powers and duties shall, in every respect from time to time, be regulated and defined by law;

And to so amend the second section, in the sixth article, that all elections shall be viva voce;

And to so amend the third section in the ninth article, that the money which shall be paid as an equivalent, by persons exempt from militia duty, except in times of war, shall be exclusively applied to the support of schools, in the respective townships, in which the said money is collected, in equal proportions to each school in the township; and also all fines assessed and collected for any breach of the penal laws, shall be applied in equal proportions to each school in the township wherein they shall be assessed;

And to so amend the tenth section, in the eleventh article, that the clerks of their respective circuit courts, in their respective counties, shall, by virtue of their office as clerks of their respective circuit courts, hold the office and perform all the duties of recorder in their respective counties, for the term of time for which they are elected clerk of said courts, and report by bill, joint resolution or otherwise.

85. Inquiry as to Expediency of Calling Convention (December 23, 1833).

[Eighteenth Session, 1833-34. Noah Noble, Governor, Whig.]

Adopted by the House on December 23, 1833, as proposed by Frederick

Leslie.

[House Journal, Eighteenth Session, 156.]

Resolved, That the judiciary committee be instructed to enquire

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).

The

Indiana

[Twentieth Session, 1835-36. Noah Noble, Governor, Whig.
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, cavalry, and artillery, or such other description of light companies as a majority of the members of each company in their own dis

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 December, 1836. The report of the committee was concurred in by the Senate. Only the title of the resolution has been preserved.