on calling a convention to alter, revise, or amend the Constitution of this State.

120. Calling a Constitutional Convention (January 15, 1849).

Introduced in the Senate on December 15, 1848, by Alonzo A. Morrison (Democrat); referred to a select committee of one from each congressional district (5 Democrats and 5 Whigs) on December 18 with instructions to amend the bill so that "the vote shall be viva voce, instead of by ballot," and to "enquire into and report to the Senate, the probable expense of such convention." On December 30, the committee submitted the following report which was concurred in.

[Senate Journal, Thirty-third Session, 245.]

The select committee to which was referred bill of the Senate No. 60, "A bill to provide for taking the sense of the qualified voters of this State on the calling of a convention to alter, revise, and amend the Constitution of this State," have had the same under consideration and a majority of the committee have instructed me to report the same to the Senate with the following amendments, upon the adoption of which they recommend its passage:

Strike out section three and insert the following:

Sec. 3. The inspectors of elections at the several places of voting, shall propose to each voter presenting a ballot the question, "Are you in favor of a convention to amend the constitution?" and those who are in favor of such convention, shall answer in the affirmative; and those who are against such convention, shall answer in the negative; which answers shall be duly recorded by the clerks of such election.

Amend section five (5) as follows:

After the word convention in line five add the following, "And also all the votes that were given at such election."

The committee would further report in accordance with the instructions of the Senate, they have endeavored to ascertain the probable expense of such convention, but having no data upon which to predicate any calculation as to said expense, such as the number of members of the proposed convention, the amount of their per diem allowance, the probable length of their session, and various contingent expenses, they cannot comply with the request of the Senate, and therefore ask to be discharged from the further consideration of the subject.

On motion, Section 3 of the proposed measure was amended to read as follows:

[Senate Journal, Thirty-third Session, 245.]

Sec. 3. The inspectors of elections at the several places of voling shall propose to each voter presenting a ballot the question, "Are you in favor of a convention to amend the constitution?'' and those who are in favor of such convention, shall answer in the affirmative; and those who are against such convention, shall answer in the negative; which answers shall be duly recorded by the clerks of such election, and the clerk of the board doing county business shall furnish a poll book with the proper columns for that purpose.

On January 2, 1849, the bill passed the Senate by a vote of 34-12. (26 Democrats and 8 Whigs in favor of passage, 11 Whigs and 1 Democrat opposed.) And the House on January 13 by a vote of 80-2 (47 Democrats and 33 Whigs in favor of passage, 2 Whigs opposed). See Appendix VI.

[Laws, Thirty-third Session, 36.]

AN ACT to provide for taking the sense of the qualified voters of the State on the calling of a Convention to alter, amend, or revise the Constitution of this State.

Section 1. 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 or against the calling of a convention to alter, revise, or amend the Constitution of this State.

Sec. 2. Every qualified voter in this State, may, if he choose, at the annual election in August next, vote for or against the calling of a convention, for the purpose mentioned in the first section of this act.

Sec. 3. The inspectors of elections at the several places of voting, shall propose to each voter presenting a ballot the question "are you in favor of a convention to amend the Constitution?" and those who are in favor of such convention shall answer in the affirmative, and those who are against such convention shall answer in the negative, which answers shall be duly recorded by the clerks of such election, and the clerks of the boards doing county business shall furnish a poll-book with proper columns for that purpose.

Sec. 4. It is hereby made the duty of the inspectors and judges of elections to certify the number of votes given for or against 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 given and certified.

Sec. 5. It shall be the duty of the clerks of the circuit courts throughout the State to certify and make returns of all the votes given for and against a convention, and also all the votes that were given at such election, to the Secretary of State, in the same way and manner that votes 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 Monday of December next all the returns by him received, pursuant to the provisions of this act.

Sec. 6. It shall be the duty of the several sheriffs of this State to give six weeks' notice in a newspaper, if one is published in his county; if not, by written notices in each township of his county, that there will be a poll opened for the purposes specified in this act.

Approved, January 15, 1849.

121. Official Notice of Election on Constitutional Question (June 27, 1849).

The official notice of the election to be held in Jefferson county on the question of calling a constitutional convention was issued on June 27, and is as follows:

[The Madison Weekly Courier, June 30, 1849.]

PROCLAMATION

Notice is hereby given to the qualified voters of Jefferson County, Indiana, that there will be an election held at the usual place of holding elections in said county-also at North Madison, in Madison township-on Monday, the sixth day of August next, it being the first Monday in August, according to law, for the purpose of electing one Governor and one Lieutenant-Governor for the State of Indiana; and a Congressman for the Second Congressional District of Indiana; three Representatives to the State Legislature for said county; one Sheriff; one Treasurer; one Auditor; one Recorder; one Assessor; and one County Commissioner for the Third district, to fill the vacancy occasioned by the expiration of the term of John E. Gale, Esq.; also for or against the calling of a Convention to alter, amend, and revise the Constitution of In

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diana; also for or against the act of the Legislature of Indiana, 1848-49, to increase and extend the benefits of common schools. Henry Deputy, Sheriff Jeff. Co.

122.

Democratic Platform of January 8, 1849.

The Democratic State Convention of 1849 met in Indianapolis on January 8. The bill providing for the submission of the question of calling constitutional convention had already passed the Senate and was under consideration by the House. As the calling of a convention was substantially assured, the Democratic Convention adopted the following resolution relative to that subject.

[Indiana State Sentinel, January 11, 1849.]

Resolved, That it is expedient that a convention should be held for the purpose of amending the Constitution of the State; and that the following, among other provisions, should be incorporated in the amended Constitution:

First, That no public debt shall be contracted, without laying a tax at the same time for paying the interest annually, and for the gradual redemption of the principal: nor until the proposal to contract such debt shall have been submitted for decision to the people, at a General Assembly.

Second, That the sessions of the General Assembly shall hereafter be held once in two years only, except in cases of emergency, when the Governor may call a special session.

Third, That all elections by the legislature shall be viva voce, instead of by ballot.

123.

Governor Dunning's Recommendations Relative to a Convention (December 4, 1849).

[Thirty-fourth Session, 1849-50.

Joseph A. Wright, Governor, Democrat. Senate 29 Democrats, 21 Whigs; House-58 Democrats, 42 Whigs. (Indiana State Journal, December 10, 1849.)]

In his message to the legislature on December 4, 1849, Governor Paris C. Dunning2 laid before the General Assembly the results of the election on the question of calling a constitutional convention and made certain recommendations relative to the election of delegates.

[Senate Journal, Thirty-fourth Session, 20.]

In conformity with the provisions of an act, entitled “An act for taking the sense of the qualified voters of the State, on the calling of a convention, to alter, amend, or revise the constitution of

2. Joseph A. Wright became governor on December 5, 1849.

this State,'' approved January 15, 1849, a poll was opened at the annual election held in August last, at the places of holding elections in the several counties of this State, and from the returns made to the office of Secretary of State, as required by the act referred to, it appears that there were cast at said election, in favor of calling a convention, 81,500 votes, and against it 57,418 votes. The total vote of the State for Governor is 147,250; the total vote of the State, 149,774 (in this latter statement the vote of Fayette county for Governor is included, the total vote of that county not having been returned), showing a majority of 6,612 votes in favor of a call for a convention, over all the votes cast at that election. The duty of the present General Assembly is plain; it will become necessary to provide by law for districting the State, with a view to the election of delegates to that convention; to determine the number of delegates which shall compose that body, and the time of holding the same. It is most respectfully suggested that, in the discharge of this important duty, the members of the General Assembly should divest themselves of all party predilections, and make such an apportionment as will insure to the people of the State, irrespective of parties, a full and fair representation in that body. This being done, a great initiative step is taken, which will tend as much as any other to predispose the people of the State to adopt the new Constitution which the convention may present to them for their ratification.

Whilst upon this subject it is proper to say, that it will be necessary to levy an additional tax, to defray the expenses of the convention the amount necessary will depend much upon the length of the present session of the General Assembly. In all probability the organic laws of the State will undergo, in the course of the ensuing year, many material alterations, which will at once suggest the propriety of passing but few general laws, inasmuch as they may become inconsistent or inoperative under the new organization of the State government.

Special legislation is a growing evil which has attracted much attention amongst the masses of the people, and to which much well founded opposition exists in the public mind. Indeed, it has for years past engaged full three-fourths of the time of the General Assembly, to the exclusion (from their due consideration) of many other questions of great importance to the people of the State. It has also occasioned a corresponding proportion of the expenses of our legislation. To avoid this evil, I earnestly recommend to you the enactment of such general laws as will confer up