[Senate Journal, Thirty-first Session, 294.] Amend so that said committee shall inquire into the constitutionality and expediency of the law authorizing the election of delegates to form a new constitution, before a majority of all the votes cast at the election, shall have been given in favor of a convention; and also, to inquire into the probable cost of such convention. On January 11, by use of the previous question, both of these recommendations were eliminated. The bill was advanced to engrossment by a vote of 24-21. Under suspension of the rules, the bill was passed by a vote of 24-22. (21 Democrats and 3 Whigs in favor, 21 Whigs and 1 Democrat opposed). At this point, the constitutional question arose, whether it was necessary "that a majority of all the members elected to both branches of the General Assembly" should vote on the bill to insure its passage. The President postponed his decision on this question until January 14, when he decided that the bill had passed; an appeal was taken from this decision but was laid over and on January 20 the bill was reported to the House. Just prior to the passage of this bill in the Senate, the following motion was submitted but was immediately eliminated by the use of the previous question. 108. Calling a Constitutional Convention (January 11, 1847). [Senate Journal, Thirty-first Session, 389.] WHEREAS, in pursuance of an act entitled "An act to provide for taking the sense of the qualified voters of the State, on the calling a convention to alter, revise, or amend the Constitution of the State; and, according to the report of the Secretary of State, only thirty-two thousand four hundred and sixty-eight, of the one hundred and twenty-three thousand eight hundred and seventy-eight votes polled for Governor, voted for the holding of said convention: AND WHEREAS, nearly one-half of those who voted for Governor at the late August election, did not vote for or against a convention as is believed, in consequence of not having understood the form of voting in several counties in the State: Therefore, 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 a convention to alter, revise, or amend the constitution of this State. Sec. 2. Every qualified voter of this State may, if he choose, at the annual election in August next, vote for the calling of a convention, for the purpose mentioned in the first section of this act. Sec. 3. If such voter shall be in favor of a convention, he shall write or print, or partly write and partly print, on the same ballot with which he votes for State or county officers, the words "For a Convention." Sec. 4. It is hereby made the duty of the inspectors and judges of elections to certify the votes given for 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 certified. Sec. 5. It shall be the duty of the clerks of the circuit courts throughout this State, to certify and make returns of all the votes given for 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 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 day of December next, all the returns by him received, pursuant to the provisions of this act, for their further consideration and deliberation. Sec. 6. It shall be the duty of the several sheriffs of this State to give six weeks' public notice in a newspaper, if one be published in his county; if not, by written notices in each township in his county, that there will be a poll opened for the purpose specified in this act. On January 22, 1847, by a vote of 58-37, the bill was indefinitely postponed in the House. Only the title of the original bill has been preserved, [Senate Journal, Thirty-first Session, 36.] A bill providing for holding a convention to revise and amend the Constitution of the State of Indiana. 109. Reviving Law Relative to Calling Constitutional Convention (January 15, 1847). Introduced in the Senate on January 15 by Hugh Homer (Whig) and referred to a select committee of three. On January 20, the select committee submitted a report recommending the passage of this resolution. By a vote of 29-20, the resolution was advanced to engrossment for third reading. [Senate Journal, Thirty-first Session, 469.] A joint resolution on the subject of reviving the law in regard to calling a convention to revise or amend the Constitution of this State. 110. · Obtaining Governor's Opinion on Legal Effect of Vote Given at Election of 1846 (December 28, 1846). Introduced in the House on December 28, 1846, by William G. Holland (Whig), and laid on the table by a vote of 52-33. [House Journal, Thirty-first Session, 214.] WHEREAS, The constitution of the State of Indiana makes it the duty of his Excellency the Governor, when a majority of all the votes given at a general election for Governor, is in favor of a convention to alter the Constitution, to inform the next General Assembly thereof; AND WHEREAS, a vote has been taken on that subject at another time than that designated in the constitution, by virtue of an act of the General Assembly at its last session; AND WHEREAS, a full vote was not given at said election on that subject, but of the number of votes cast for and against a convention, a majority voted for a convention; therefore, Resolved, That his Excellency the Governor be, and he is hereby respectfully requested forthwith to communicate to this branch of the General Assembly, his opinion whether the vote given under the circumstances will authorize the legislature to provide by law for the election of members of such convention, the number thereof, and the time and place of their meeting. 111. Evils of Local and Special Legislation (January 11, 1848). [Thirty-second Session, 1847-48. James Whitcomb, Governor, Democrat. (In In his annual message to the General Assembly on January 11, 1848, Governor James Whitcomb alluded to the evils and injustice of local and special legislation in the following passage: [House Journal, Thirty-second Session, 131.] Occasion has been repeatedly taken in my former messages to allude to the great amount of our local or special legislation, the danger of injustice by its means to individual interests, its expense to the treasury and the large portion of time it necessarily occupies to the detriment of that mature and thorough consideration which is due to subjects of a general character. It was also recommended that the necessary powers should by general laws be conferred upon other and more appropriate tribunals, to afford the necessary relief, sought by means of private acts. The subject has been deemed of so grave importance that the constitution of New York, as lately amended, has a provision against this evil engrafted in it. I was therefore much gratified to find the attempt to obviate it in part, by the passage, at the last session, of the act to authorize the formation of voluntary associations, approved January 27, 1847. It is hoped that no bill will now be introduced into the legislature for an object the accomplishment of which can be secured by that act. It is not intended to say that the act is not susceptible of amendment; on the contrary, it is believed it might be made to have a wider scope with advantage. But that or any other defect can be easily remedied. It is earnestly recommended that, as far as practicable, the residue of the broad field of private legislation be occupied by a few general laws. 112. Calling a Constitutional Convention (December 8, 1847). Presented to the Senate on December 8, 1847, by James G. Read (Democrat); on December 10, referred to a select committee of one from each congressional district (6 Democrats, 4 Whigs); on January 11, 1848, the committee reported the bill back to the Senate and recommended its passage; on January 21, advanced to engrossment by a vote of 25-23; rejected on January 24 by a vote of 21-24. (21 Democrats in favor of passage, 23 Whigs and one Democrat opposed.) Only the title of the bill has been preserved. [Senate Journal, Thirty-second Session, 20.] A bill to authorize the voters of this State to vote for, or against a convention for the revision of the Constitution. 113. Calling a Constitutional Convention (January 21, 1848). Introduced in the House on January 21, 1848, by David S. Gooding (Whig); January 28 referred to a select committee of five with the following proposed amendments: (1) to strike out that part of the bill which relates to vote by ballot and insert by a viva voce vote. (2) Amend section 3 of the bill to read: "That the inspectors of elections, at the time of voting for county and State officers, shall distinctly put to every voter the question, ‘Are you in favor of or against the call of a convention to amend the constitution of the State'". (3) Supplement section 4 by the addition of the following: "Provided, That nothing herein contained shall authorize the next General Assembly to provide for the calling of a convention, unless a majority of all the votes cast at such election shall be in favor of such convention." On February 8, the select committee reported a substitute bill which was concurred in by the House on February 10 and advanced to engrossment by a vote of 45-39. The bill passed the House on February 15 by a vote of 3934. (33 Democrats and 6 Whigs in favor of passage, 33 Whigs and 1 Democrat opposed.) Proposed amendments to strike out that portion of the bill which required the voters to vote viva voce and to insert the following as sec tion 3 were lost: "Those voting in favor of a convention, shall have written or printed on their ballots, 'convention' and those voting against a convention, shall have written or printed on their ballots, 'no convention.'" The bill as passed by the House was reported to the Senate on February 15 and laid on the table on February 16. Aside from the provisions given above, the only parts of the two bills preserved are the titles which are identical. [House Journal, Thirty-second Session, 217 and 472.] A bill to provide for taking the sense of the qualified voters of the State on calling a convention to alter, revise, or amend the constitution of this State. 114. Free Soil Platform (August 30, 1848). The Free Soil State Convention which assembled in Indianapolis on August 30, 1848, adopted the following resolution relative to an amendment of the Constitution. [Indiana State Sentinel, February 14, 1849.] Resolved, That in the opinion of this convention, the Constitution of the State of Indiana should be so amended as to secure the election of all State and county officers by the people. 115. Governor Whitcomb Recommends Calling Constitutional Convention (December 6, 1848). [Thirty-third Session, 1848-49. Paris C. Dunning, Governor, Democrat. Senate 27 Democrats, 23 Whigs; House-60 Democrats, 40 Whigs. (Indiana State Sentinel, December 2, 1848.)] In his message of December 6, 1848, Governor James Whitcomb' recommended the calling of a constitutional convention and enumerated those provisions of the Constitution which in his judgment were in need of amendment. [House Journal, Thirty-third Session, 23.] It is with unfeigned reluctance that another topic is approached; that of the growing amount of our legislation, and especially of our local and private legislation. Having given my views in regard to this subject in my first inaugural address, having again called attention to it in my annual message in December, 1845, and having repeated it at every session since, it would certainly not be again presented, were it not for a deep conviction of duty, arising from the constant, regular, and rapid growth of the evil. This will be manifest from a comparison of the num 1. Governor Whitcomb was elected to the United States Senate on December 27, 1848, and Paris C. Dunning, Lieutenant-Governor, served as Governor during the remainder of the term. |