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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 repre entatives;

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

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

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