Seventh. Senators now in office and holding over, under the existing Constitution, and such as may be elected at the next general election, and the Representatives then elected, shall continue in office until the first general election under this Constitution.

Eighth. The first general election under this Constitution shall be held in the year one thousand eight hundred and fifty-two.

Ninth. The first election for Governor, Lieutenant-Governor, judges of the Supreme Court and circuit courts, Clerk of the Supreme Court, prosecuting attorneys, Secretary, Auditor and Treasurer of State, and State Superintendent of Public Instruction, under this Constitution, shall be held at the general election in the year one thousand eight hundred and fifty-two; and such of said officers as may be in office when this Constitution shall go into effect, shall continue in their respective offices, until their successors shall have been elected and qualified.

Tenth. Every person elected by popular vote, and now in any office which is continued by this Constitution, and every person who shall be so elected to any such office before the taking effect of this Constitution (except as in this Constitution otherwise provided), shall continue in office, until the term for which such person has been, or may be, elected, shall expire: Provided, That no such person shall continue in office, after the taking effect of this Constitution, for a longer period than the term of such office in this Constitution prescribed.

Eleventh. On the taking effect of this Constitution, all officers thereby continued in office shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this Constitution.

Twelfth. All vacancies that may occur in existing offices, prior to the first general election under this Constitution, shall be filled in the manner now prescribed by law.

Thirteenth. At the time of submitting this Constitution to the electors, for their approval or disapproval, the article numbered thirteen, in relation to negroes and mulattoes, shall be submitted as a distinct proposition, in the following form: "Exclusion and Colonization of Negroes and Mulattoes," "Aye" or "No." And if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this Constitution; otherwise, it shall be void, and form no part thereof.

Fourteenth. No article or section of this Constitution shall be submitted as a distinct proposition, to a vote of the electors, otherwise than as herein provided.

Fifteenth. Whenever a portion of the citizens of the counties of Perry and Spencer, shall deem it expedient to form, of the contiguous territory of said counties, a new county, it shall be the duty of those interested in the organization of such new county, to lay off the same, by proper metes and bounds, of equal portions, as nearly as practicable, not to exceed one-third of the territory of each of said counties. The proposal to create such new county shall be submitted to the voters of said counties, at a general election, in such manner as shall be prescribed by law. And if a majority of all the votes given at said election, shall be in favor of the organization of said new county, it shall be the duty of the General Assembly to organize the same, out of the territory thus designated.

Sixteenth. The General Assembly may alter or amend the charter of Clarksville, and make such regulations as may be necessary for carrying into effect the objects contemplated in granting the same; and the funds belonging to said town shall be applied, according to the intention of the grantor.

Done in convention, at Indianapolis, the tenth day of February, in the year of our Lord one thousand eight hundred and fifty-one; and of the independence of the United States, the seventy-fifth.

Attest:

GEORGE WHITFIELD CARR,

President and Delegate from the County of Lawrence.

WM. H. ENGLISH,

Principal Secretary.

GEORGE L. SITES.

HERMAN G. BARKWELL.

ROBERT M. EVANS.

AMENDMENTS

1873, Wabash and Erie Canal Amendment

The Wabash and Erie Canal amendment was introduced in the Senate on January 6, 1871, by John Caven, and passed the Senate on January 18th by a vote of 45-1, and the House on January 24th by a vote of 93-0, seven members being absent. The resolution embodying this amendment was taken up at the special session of 1872. It was introduced in the House on November 14th and was passed the same day by a vote of 97-0; it passed the Senate on December 9th by a vote of 34-0. By an act approved January 28, 1873, the canal amendment was submitted to the electors at a special election held on February 18, 1873. By a joint resolution approved January 31, 1873, the Secretary of State was required to notify the voters of the approaching election and the election notice was issued on January 31, 1873. The aggregate number of votes cast in favor of the adoption of the amendment in all the counties except Pulaski and Scott was 158,400; the total vote cast against the amendment was 1,030. In the adoption of amendments, the Constitution provides that "it shall be the duty of the General Assembly to submit such amendment or amendments to the electors of the State, and if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this Constitution." The number of voters in the State, according to the enumeration of 1871, was 378.871. At the election of 1872, held three months before the canal amendment was submitted to the people, 377,700 votes were cast for Governor. The regular and legal adoption of the canal amendment was never seriously questioned. On March 7, 1873, Governor Thomas A. Hendricks issued his proclamation declaring the amendment ratified and duly incorporated as a valid and operating part of the Constitution from and after March 7, 1873. In State v. Swift, 69 Ind. 505, May term, 1880, the Supreme Court, after reviewing the various steps which had been taken in the adoption of the canal amendment, declared: "The matter, therefore, having been decided

and proclaimed, according to law, by the executive department, a coordinate branch of the government, has now become res adjudicata." The canal amendment was designated as Section 7 of Article X and is a new and additional section.

1881, Suffrage and Election Amendments

The seven amendments adopted in 1881 were developed in the first instance by the Senate Judiciary Committee, which had under consideration separate propositions submitted by individual Senators. These seven resolutions were adopted by the General Assembly of 1877 and readopted by the General Assembly of 1879. By an act approved March 10, 1879, these seven amendments were submitted to the voters at the regular spring election for township officers held on April 5, 1880. On April 28 the Governor issued his proclamation declaring the vote cast on each amendment, which was as follows:

The total number of votes cast for township officers at the same election was 380,771. Amendment No. 1, prescribing the residential qualifications for electors, was self-executing, and an attempt was made to enforce it at the municipal elections of May 4, 1880. To determine whether these amendments had been legally adopted, a test case was brought before the Supreme Court at the May term, 1880. In this case, known as State v. Swift, 69 Ind. 505, the court held that it requires a majority of the electors of the State to ratify an amendment and not merely a majority voting on the amendment; that the whole number of votes cast at the election at which the amendment is submitted may be taken as the number of electors of the State; and that the amendments which had been submitted at the last election had neither been ratified nor rejected but were still pending. The court further held that the amendments might be resubmitted to the electors under an amended act. Acting on this suggestion, by an act approved February 21, 1881, these seven amendments were resubmitted to the voters at a special election held on March 14, 1881. The vote on the several amendments was as follows:

On March 24, 1881, the Governor issued his proclamation declaring the amendments in force.

The original text of the sections amended in 1881 is as follows:

Amendment No. 1. Article II, Section 2

Sec. 2. In all elections, not otherwise provided for by this Constitution, every white male citizen of the United States, of the age of twentyone years and upwards, who shall have resided in the State during the six months immediately preceding such election; and every white male of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside.

Amendment No. 2. Article II, Section 5

Sec. 5. No negro or mulattao shall have the right of suffrage.

Amendment No. 3. Article II, Section 14

Sec. 14. All general elections shall be held on the second Tuesday in October.

Amendment No. 4. Article IV, Sections 4 and 5

Sec. 4. The General Assembly shall, at its second session after the adoption of this Constitution, and every sixth year thereafter, cause an enumeration to be made of all the white male inhabitants over the age of twenty-one years.

Sec. 5. The number of Senators and Representatives shall, at the session next following each period of making such enumeration, be fixed by law, and apportioned among the several counties, according to the number of white male inhabitants, above twenty-one years of age, in each: Provided, That the first and second elections of members of the General Assembly, under this Constitution, shall be according to the apportionment last made by the General Assembly, before the adoption of this Constitution.

Amendment No. 5. Article IV, Section 14, Clause 14

Sec. 22, Clause 14. In relation to fees or salaries.

Amendment No. 6. Article VII, Section 1

Section 1. The judicial power of the State shall be vested in a Supreme Court, in circuit courts, and in such inferior courts as the General Assembly may establish.

Amendment No. 9. Article XIII

Section 1. No negro or mulatto shall come into, or settle in, the State. after the adoption of this Constitution.

Sec. 2. All contracts made with any negro or mulatto coming into the State, contrary to the provisions of the foregoing section, shall be void; and any person who shall employ such negro or mulatto, or otherwise encourage him to remain in the State, shall be fined in any sum not less than ten dollars, nor more than five hundred dollars.

Sec. 3. All fines which may be collected for a violation of the provisions of this article, or of any law which may hereafter be passed for the purpose of carrying the same into execution, shall be set apart and appropriated for the colonization of such negroes and mulattoes, and their descendants, as may be in the State at the adoption of this Constitution, and may be willing to emigrate.

Sec. 4. The General Assembly shall pass laws to carry out the provisions of this article.

PENDING AMENDMENTS TO STATE CONSTITUTION

Two amendments to the Constitution of Indiana were proposed by the General Assembly of 1917. These amendments will be referred to the General Assembly of 1919, and if acted upon favorably may be referred to the electors at the general election of 1920 or at a special election held prior thereto.

1. Extension of Term of Office or Increase of Salary of Public Officers.

Senate Joint Resolution No. 1, approved March 7, 1917. Amends Section 2 of Article XV by adding the clause (in italic) at the end of the section, which reads:

Sec. 2. When the duration of any office is not provided for by this Constitution, it may be declared by law and if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the General Assembly shall not create any office, the tenure of which shall be longer than four (4) years, nor shall the term of office or salary of any officer fixed by this Constitution or by law be increased during the term for which such officer was elected or appointed. 2. Woman Suffrage.

Senate Joint Resolution No. 14, approved March 7, 1917. Amends Article II of the Constitution by adding a new section, to be numbered Section 15, which is to read as follows:

Sec. 15. In all elections not otherwise provided for by this Constitution, every female citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the State during the one year and in the township sixty days, and in the ward or precinct thirty days immediately preceding such election, shall be entitled to vote in the township or precinct where she may reside, if she shall have been duly registered according to law.