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[Senate Journal, Twentieth Session, 331.]

Joint resolution No. 15, authorizing the call of a convention to amend the constitution of the State of Indiana.

88. Calling a Constitutional Convention (December 21, 1836).

[Twenty-first Session, 1836-37.

David Wallace, Governor, Whig. The Republican Banner of September 7, 1836, gives the political alignment of the General Assembly as follows: Senate 29 adherents of Harrison and 18 adherents of Van Buren. House-55 adherents of Harrison and 44 adherents of Van Buren.]

Introduced in the Senate on December 21, 1836, by Richard W. Thompson; advanced to second reading on January 6, 1837, and laid on the table. Only the title has been preserved.

[Senate Journal, Twenty-first Session, 197.]

A joint resolution of the General Assembly of the State of Indian a authorizing a call of a convention of the state of Indiana.

89. Calling a Constitutional Convention (February 22, 1840).

The

[Twenty-fourth Session, 1839-40. David Wallace, Governor, Whig. political alignment of the members of the 24th session, according to the SemiWeekly Journal of August 13, 1840, was as follows: Senate-23 Whigs and 22 Democrats. House-39 Whigs and 61 Democrats.]

Introduced in the House on January 23, 1840, as House Bill No. 193, by Jesse Morgan. The bill passed the House on February 4 and the Senate on February 12. See Appendix IV.

[Laws Twenty-fourth Session, 21.]

AN ACT to authorize the qualified voters of this State to vote for or against a Convention for a revision of the Constitution of this State. Section 1. Be it enacted by the General Assembly of the State of Indiana, That it shall be, and is hereby made the duty of the inspectors and judges of elections, in the several townships within each county in this State, at the annual election, on the first Monday in August next, to open a poll, in pursuance of the eighth article of the constitution of this State, in which shall be entered all the votes given for and against a convention; and the clerks of the circuit courts are hereby required, when they make out poll books for the inspectors of elections, to extend two additional columns for that purpose. And for the purpose of more expressly calling the attention of the people of the State, to the propriety of voting for or against said proposed convention, it is hereby made the duty of the several sheriffs in this State, to give six weeks' public notice, in a newspaper, if one is published in his county; if not, by written notices, in all the townships in said county, in

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writing, calling on the people to vote for or against a convention; and that, in the language of the present constitution, there will not be a convention called unless a majority of all the votes given at such election, shall be in favor of a convention; and urging the people to vote for or against said convention, and setting forth in said notice, that said voting for or against said convention, is in obedience to the constitution of this State, and that the people of their respective counties will not have the right to vote for or against another convention for the space of twelve years.

Sec. 2. It is hereby made the duty of the inspectors and judges aforesaid, at the time they announce the name of the voter to their clerks, to put the question in the following words: "Are you in favor of calling a convention, or not?" And the clerks of said election shall enter the votes on the poll-books, in the proper column, accordingly; and the inspectors and judges shall certify the votes given for and 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 required to be certified.

Sec. 3. 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 or against 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 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 in December next, all the returns by him received, pursuant to the provisions of this act.

Approved, February 22, 1840.

90. Official Election Notice (July 11, 1840).

The following election notice of the election of 1840 on the question of calling a constitutional convention was given to the voters of Knox county.

[Western Sun and General Advertiser, August 8, 1840.]

Pursuant to the provisions of an act of the last General Assembly of the State of Indiana entitled "An act to authorize the qualified voters of this State to vote for or against a Convention for a revision of the Constitution of this State," approved February 22, 1840, the qualified voters of Knox county are hereby notified that a poll will be opened in the several townships, by the inspectors and judges of elections, on the first Monday in

August next, for the purpose of receiving their votes for or against a convention to revise the constitution of Indiana; and it is made the duty of said inspectors and judges, at the time they announce the name of the voter, to put to said voter this question "Are you in favor of calling a Convention, or not?'"-And in pursuance also of said law, the people of said county are hereby urged to vote for or against said convention; and they will not have the right to vote for or against another convention for the space of twelve years.

Given under my hand at Vincennes, in said county, this eleventh day of July, 1840. Z. Pulliam, Sheriff.

91. Inquiry as to Expediency of Calling Constitutional Convention (December 29, 1841).

[Twenty-sixth Session, 1841-42. Samual Bigger, Governor, Whig. The Indiana State Sentinel of December 6, 1842, gives the following classification: Senate 22 Democrats, 28 Whigs; House-54 Democrats, 45 Whigs. The Semi-Weekly Journal of August 28, 1841, gives the following: Senate-28 Whigs, 21 Democrats and one vacancy (Daviess county). This member was an opponent of the regular Whig candidate but was himself supposed to be a Whig. House 45 Whigs, 56 Democrats. The same paper of August 9, 1842, gives the membership of the House as 47 Whigs, 53 Democrats. The Western Sun of September 4, 1841, classifies the members of the House as 54 Democrats, 46 Whigs.]

Introduced in the House on December 29, 1841, by Chapman of Hancock county, and immediately rejected.

[House Journal, Twenty-sixth Session, 234.]

Resolved, That the judiciary committee be requested to enquire into the constitutionality and propriety of the legislature at the present session, authorizing by law the calling of a convention to alter or amend the constitution of the State of Indiana.

92. Inquiry as to Expediency of Calling Constitutional Convention (December 5, 1843).

[Twenty-eighth Session, 1843-44. James Whitcomb, Governor, Democrat. The Indiana State Sentinel of August 15, 1844, gives the following political classification of the 28th General Assembly: Senate-25 Whigs, 25 Democrats; House 46 Whigs, 54 Democrats. The Indiana State Journal of August 29, 1843, gives the same data.]

Introduced in the Senate on December 5, 1843, by William B. Mitchell, and laid on the table.

[Senate Journal, Twenty-eighth Session, 9.]

Resolved, That the committee on the judiciary be instructed to enquire into the expediency of reporting a bill providing for the

call of a convention to alter and amend the constitution of the State.

93. Calling Convention Oftener Than Once in Twelve Years (December 13, 1843).

Introduced in the House on December 13, 1843, by Joseph Chapman, and rejected.

[House Journal, Twenty-eighth Session, 110.]

Resolved, That the judiciary committee be requested to enquire into the constitutionality of the legislature of the State of Indiana, calling a convention for the purpose of amending or altering the constitution of the State at any other time than once in every twelve years.

94. Calling a Constitutional Convention (January 10, 1844).

Submitted to the House on January 10, 1844, by Joseph Chapman; advanced to second reading and laid on the table on January 11, by a vote of 57-33. Only the title of this bill has been preserved.

[House Journal, Twenty-eighth Session, 467.]

A bill to authorize the qualified voters of this State to vote for or against a convention for a revision of the constitution of this State.

95. Biennial Sessions, Resolution of Inquiry (December 10, 1844).

[Twenty-ninth Session, 1844-45. James Whitcomb, Governor, Democrat. The Indiana State Journal of November 9, 1844, gives the following political classification of the 29th General Assembly: Senate 25 Whigs, 25 Democrats; House-55 Whigs, 45 Democrats. The Indiana State Sentinel of August 15, 1844, gives: Senate 25 Whigs, 25 Democrats; House-53 Whigs, 46 Democrats.]

Introduced in the House on December 10, 1844, by Thomas L. Sullivan (Whig); referred to a committee of three Whigs for consideration; on December 11, the committee reported a bill and recommended its passage; on December 16, the bill was considered and referred to the Judiciary Committee (4 Whigs and 3 Democrats); on December 23, the Judiciary Committee reported the bill back to the House and recommended its passage. An unsuccessful attempt, lost by a vote of 40-49, was made to recommit the bill to the Judiciary Committee with instructions to amend so as "to submit the isolated question of biennial sessions of the General Assembly, and not interfere with any other constitutional provisions, and that the time of meeting of the General Assembly to be on the 1st of January, and that all elections shall be viva voce." (Opposed to amendment, 18 Democrats and 22 Whigs; in favor of amendment, 23 Democrats and 30 Whigs.) A second proposed amendment designed to provide for triennial sessions of the legislature was lost. The bill was then recommitted to the Committee on Judiciary

with instructions to strike out the preamble and that part of the first section which referred to certain provisions set forth in the preamble. title to this bill is preserved.

[House Journal, Twenty-ninth Session 86.]

Only the

A bill authorizing a convention to be called to alter, change, or amend the constitution.

96. Biennial Sessions (December 5, 1845).

[Thirtieth Session, 1845-46. James Whitcomb, Governor, Democrat. Senate25 Whigs, 25 Democrats; House-45 Whigs, 55 Democrats. (Indiana State Journal, August 27, 1845.)]

The following resolution was introduced in the Senate on December 5, 1845, by Ambrose D. Hamrick (Whig) and adopted.

[Senate Journal, Thirtieth Session, 45.]

Resolved, That a select committee be appointed to enquire into the expediency of calling a convention so to amend the State Constitution as to allow the State legislature to meet but once in two years.

On December 6, a committee of three was appointed (2 Democrats and 1 Whig); on December 12, the committee reported a bill; on December 15, the bill was referred to the Committee on the Judiciary (7 Whigs and 4 Democrats); on December 29, the Committee recommended indefinite postponement; on January 12, 1845, the bill was advanced to engrossment by a vote of 24-22; (in favor of advancement-17 Democrats and 7 Whigs; opposed-6 Democrats and 16 Whigs); on January 13, the bill passed by a vote of 30-14; (19 Democrats and 11 Whigs in favor, and 4 Democrats and 10 Whigs opposed); on January 17, the bill was laid on the table by the House. Only the title of the bill has been preserved.

[Senate Journal, Thirtieth Session, 76.]

A bill to authorize the qualified voters of this State to vote for or against the calling of a convention for a revision of the Constitution of this State.

97. Calling a Constitutional Convention (January 19, 1846).

The following resolution introduced by Henry Secrist (Democrat), was adopted by the House on December 10, 1845.

[House Journal, Thirtieth Session, 100.]

Resolved, That the Committee on the Judiciary be instructed to report a bill providing for taking the sense of the qualified voters of this State, at the next annual election, for and against calling a convention for an amendment of the Constitution of this State.

On December 15, the committee reported a bill, which passed the House

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