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on December 18 and the Senate on January 17, 1846, by a vote of 31-14. (19 Democrats and 12 Whigs in favor; 4 Democrats and 10 Whigs opposed.) See Appendix V.

[Laws, Thirtieth Session, 97.]

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 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 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 or against 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;'' if against a convention, he shall in the same manner have the words "against a convention," on his ballot as aforesaid.

Sec. 4. It is hereby made the duty of the inspectors and judges of elections, to 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 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 and 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 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' public notice, in a newspaper, if one be 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 19, 1846.

98.

Official Notice of Election (June 22, 1846).

The following official election notice, given in conformity with the provisions of the act providing for the submission of the question of calling a constitutional convention, was promulgated by the sheriff of Cass county on June 22, 1846.

[Logansport Telegraph, June 27, 1846.]

CONVENTION NOTICE

The qualified voters of Cass County, Indiana, are notified that at the annual election in August next" (1846), a poll will be opened in the several townships in said county, to receive votes for or against a convention to alter, revise, or amend the Constitution of this State, at which every voter, if he choose, may vote for or against the calling of a convention, and if such voter shall be in favor of a convention, he shall write or print on the same ballot with which he votes for State or county officers, the words, "For a Convention;" but if against a convention, he shall in the same manner have the words 'Against a Convention," on his ballot as aforesaid. It is made the duty of the inspectors and judges of elections to certify the votes given for and against a convention to the clerk of the circuit court in the same way and manner, and under the same restrictions and penalties that votes for State and county officers are certified.

June 22, 1846.

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A. Vanness, Sh'ff. C. C.

99. Marr's Schoolhouse Resolutions (March 14, 1846).

During the campaign of 1846 very few resolutions were adopted either approving or condemning the proposal to call a constitutional convention. In fact the political literature of the period yields only two. The first of these was adopted by the voters of Perry township, Marion county, at a meeting held at Marr's Schoolhouse on March 14, 1846. These resolutions were in the nature of an address to the voters of the State, and set forth the changes which it was thought wise to make in the constitution. In addition to the address certain resolutions were adopted condemning electioneering, and requesting the General Assembly to regulate the compensation of attorneys and physicians, to increase the jurisdiction of justices of the peace to embrace the sum of $200 and to reduce the fees of recorders and clerks.

[Indiana State Sentinel, March 19, 1846.]

FELLOW CITIZENS-The only proper object of government being the greatest good of the people, whenever it fails of the attainment of that end, there is a right in people, and it is

their duty to reform the same by rectifying the errors or omissions of their old forms.

In view of this truth, and in view of the fact that the people of this State will have to decide at the ensuing election in August, whether our Constitution needs any amendment, we have thought fit to bring before the minds of our fellow citizens for their contemplation, some of the points which we deem worthy of consideration, and which we request may be duly weighed by the voters of this State before they shall have to decide upon the question of "Convention," or "No Convention."

First. Would it not be a profitable change in our Constitution to require the legislature to sit once in two years, instead of once in each year? We think it would.

Second. In order to lessen our county expenses throughout the State, would it not be well to dispense with the associate judge system? We are of opinion that such a change is desirable.

Third. In order to shorten the time of legislative sessions, ought not the constitution to be so amended as to vest many subjects of local legislation in the county authorities; and to prohibit the General Assembly from passing upon them? We think such amendment is necessary.

Fourth. Inasmuch as a great deal of time is consumed and consequent expense incurred, by the General Assembly's constructively usurping judicial power on the subject of divorces, in defiance of the proper division of the powers of sovereignty between the three great departments of government: Is it not necessary that the General Assembly should be expressly prohibited by the constitution from granting divorces? We think there should be such prohibition.

Fifth. Would the interest of the people be as well served, and their rights as well secured, by a less numerous legislative body than by the present number? and if so, might not the number of senators be reduced to twenty-five, and the number of representatives to fifty? withholding from the General Assembly the power of increasing the number. We think such a change is desirable.

Sixth. We respectfully suggest another change as respects the qualifications of senators and representatives, to wit: That a representative shall be at least twenty-five years old, and a senator at least thirty years old.

Seventh. It is our opinion that the constitution should be so amended as to restrict the term of the legislative session to six

weeks, and that the compensation to a legislator shall be fixed by the constitution at two dollars per day.

Eighth. That the Governor's term of service be changed from three years to four years, and to be ineligible until after the intervention of the succeeding term; also, that the senatorial term be four years; which will, unless there should be a called session, require them to serve two sessions, and that the representatives be elected for two years; which, unless there should be a called session, would require them to serve one session only.

Ninth. That all fines which by our present constitution go to county seminaries, shall go to common schools, and in such way that each township shall have the benefit of its own fines.

If the happiness of man requires him to form societies and nations, to such associations all men agree that government is necessary; it is indispensible in order to guard against numberless evils proceeding from a wrong will or a misguided judgment; like all the other productions of imperfect beings, government itself is imperfect and can only be amended as experience and observation shall be enabled from time to time to point out its imperfections, and the deliberate judgment of the people shall apply itself to rectify them.

In the above named particulars, after much reflection, we are of opinion that the interest of the people requires a change in our constitution; and we make this address to our fellow citizens throughout the State, that their attention may be called to this subject before the time for decision shall arrive.

Resolved, That the several counties of this State are hereby respectfully requested to call public meetings; that this address. and these resolutions may be taken under their consideration, and that they adopt these, or similar resolutions.

Resolved, That the Editors of all the newspapers printed at Indianapolis, and throughout the State, are hereby respectfully requested to publish the foregoing address and resolutions-that all the people of the State may be informed thereof, that there may be concert of action.

100. Washington County Resolution (May, 1846).

The second of these popular resolutions was adopted by the people of Washington county sometime during the month of May, 1846.

[Indiana State Sentinel, May 28, 1846.]

Resolved, That we approve of the act of the last General

Assembly, in relation to the calling of a convention to amend the constitution of the State, believing that an experience of thirty years, and the radical improvement made in the science of government during that time, as well as the great changes that have occurred since the adoption of the present constitution, in the population, the agricultural, commercial, manufacturing, and mechanical interests of the people, render such a call highly proper and desirable.

101. Governor Whitcomb's Reference to Election of August 19, 1846 (December 7, 1846).

[Thirty-first Session, 1846-47. James Whitcomb, Governor, Democrat. Senate 24 Democrats, 26 Whigs; House-45 Democrats, 55 Whigs. (Indiana Journal, August 12, and December 12, 1846; Indiana Sentinel, August 19, 1846.)]

In his annual message to the legislature, delivered on December 7, 1846, Governor James Whitcomb submitted the following explanation of the election of August 19, 1846, on the question of calling a constitutional convention.

[House Journal, Thirty-first Session, 22.]

In conformity with the act providing for taking the sense of the qualified voters as to the propriety of calling a convention to alter, revise, or amend the constitution of this State, approved January 19, 1846, a poll was opened at the annual election held in August last, for receiving votes upon that question. The returns, so far as made to the Secretary of State, as required by that act, show that 32,521 votes were cast for, and 27,485 votes were cast against calling a convention. They also show that the aggregate number of votes returned as having been cast upon that question, is less than one-half of the number of voters who attended the polls and voted upon other questions, and that from thirteen counties no returns whatever upon that question have been received.

102. Favorable Majority Report on House Bill Providing for Summoning Constitutional Convention (January 1, 1847).

As has been disclosed by the excerpt from Governor Whitcomb's message of December 7, a majority of the electors who voted on the question of calling a convention voted in the affirmative, but the total number of votes cast on that question was less than half the total number of voters who attended the polls and voted on other questions. Since a majority of the electors of the State, as provided by the Constitution, had not voted in favor of a constitutional convention, the question arose whether the General Assembly was competent to provide for the election of delegates to a convention. The

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