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Constitution we will provide that when any person or persons shall have any real estate in this State, either by legal or equitable title for the term of- years from the adoption of this Constitution on which the taxes have been paid, and all disability of minors removed, that such title shall be recognized by all the coruts as the paramount title, and good against the world, and the rest of mankind. Wolfe (p. 73).13

9. Unrestricted Possession, Inheritance and Alienation of Property of Married Women-Resolved, That there be incorporated in the Constitution the principle, that the real and personal escate of every female acquired before marriage, and all property to which she may afterwards become entitled by gift, grant, inheritance or devise, shall be and remain the separate estate and property of such female, and shall not be liable for the debts, obligations, or engagements of her husband; and may be aliened, devised, or bequeathed by her as if she were unmarried. Borden (p. 77).

10. Guaranteeing Right of Trial by Jury in all Cases-Resolved, That the Committee on the Rights and Privileges of the inhabitants of this State be instructed to inquire into the expediency of so amending section five, of the first article of the Constitution, as to guarantee to the inhabitants of this State their right to a trial by jury in all civil and criminal cases whatever, whatever may be the amount in controversy, or the nature of the offense. May (p. 80).

11. Guaranteeing Right of Trial by Jury in all Cases-Resolved, That the Committee on the Rights and Privileges of the inhabitants of this State be instructed to inquire into the expediency of so amending the 5th section of the 1st article of the Constitution, that in all cases, both civil and criminal, the right of trial by jury shall remain inviolate. Kelso (p. 90).

12. Right of Married Women to Acquire, Possess and Alienate Property, Separate Registration-Resolved, That the Committee on Rights and Privileges of the inhabitants of the State inquire into the expediency of incorporating in the bill of rights, the following section: Women hereafter married in this State, shall have the right to acquire and possess property, to their sole use and disposal; and laws shall be passed, securing to them, under equitable conditions, all property, real and personal, whether owned by them before marriage, or acquired afterwards, by pur

13. The words and the rest of mankind,'' at the end of the resolution, were proposed by Mr. Edmonston and adopted by the Convention.

chase, gift, devise, or descent, and also providing for the registration of the wife's separate property. Owen (p. 101).14

13. Reducing Constitutional Area of Counties to Three Hundred Square Miles-Resolved, That the Committee on County and Township Organization be instructed to inquire into the expediency of amending the 12th section of the 11th article of our present State Constitution as follows: Strike out four hundred where it occurs and insert three hundred. Huff (p. 119).

14. Disposition of Estates of Minor Heirs During Non-AgeResolved, That the Committee on Rights and Privileges, etc., be instructed to inquire into the expediency of providing in the Constitution that no act of the legislature shall dispose of the estate of minor heirs during their minority. Prather (p. 120).

15. Religious Freedom, Irregular Moral Practices-Resolved, That Committee No. 1 be directed to inquire into the expediency of incorporating the following section in article 1 of the Constitution, to-wit: That the free exercise and enjoyment of religious opinions and worship without discrimination or preference, shall always be allowed in this State to all mankind, and no person shall be rendered incompetent to be a witness on account of his opinions or religious belief; but that liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of this State. Wiley (p. 120).

16. Competency of Witnesses because of Religious BeliefsResolved, That the Committee on the Rights and Privileges of the inhabitants of the State be instructed to report to this Convention on the expediency of incorporating into the Constitution the third section of the first article of the existing Constitution with the following amendment, viz.: and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief. Haddon (p. 121).

17.

Prohibiting Reduction of Area of Organized Counties below Four Hundred Square Miles-Resolved, That the Committee on County and Township Organization, powers, and officers, be instructed to report a section for the new Constitution in lieu of section 12, article 11, of the present Constitution, expressly pro

14. As originally proposed, the resolution contained the word "hereafter'' after the word 'women'', but was stricken out on motion of Mr. Kelso.

hibiting the legislature from reducing any county now organized below four hundred square miles. Kilgore (p. 133).1

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18. Boards of County Commissioners-Resolved, That the Committee on County and Township Organization, powers, and officers, inquire into the expediency of inserting in the Constitution the following provision: The legislature shall provide by law for a uniform mode of doing county business by organizing, in each county in this State, a board of commissioners for transacting county business, to consist of thre qualified e'ectors, to be elected by the qualified voters of the several counties respectively. Logan (p. 133).

19.

Political Disabilities for Fighting Duels-Resolved, That the Committee on Criminal Law inquire into the expediency of incorporating in the new Constitution, a provision to prevent any citizen of the State, who may give, accept, or knowingly carry a challenge to any person or persons to fight in single combat with a citizen of the State, with any deadly weapon, either in or out of the State, from holding any office of honor or profit, civil or military in this State: Moreover, to be punished as the General Assembly may prescribe by law. Smiley (p. 157).

20. Salaries of Public Officers Liable to Attachment-Resolved, That the Committee on the Practice of Law and Law Reform be instructed to inquire into the expediency of engrafting in the new Constitution, a provision making the salaries and pay of each public officer in this State liable to attachment on execution. for the payment of his debts, as the property of other citizens is liable. Bowers (p. 157).

21. Property Sold on Execution for not Less than TwoThirds its Appraised Value-Resolved, That the Committee on Rights and Privileges of the inhabitants of this State be instructed. to inquire into the expediency of providing, that hereafter all property sold on execution shall bring at least two-thirds of its appraised value.16 Kendall of Wabash (p. 157).

22. Five Hundred Dollars Exemption from Seizure; Alienation-Resolved, That the committee of one from each congressional district, on the subject of homestead exemption, be instructed to inquire into the expediency of inserting into our amended Constitution a clause recognizing the right of the debtor to enjoy the neces

15.

On October 26, this resolution was considered. Mr. Lockhart wished to amend by leaving the size of counties to be regulated by the legislature. Resolution and amendment were laid on the table (p. 139).

16.

An attempt to strike out the words two-thirds'' and insert full'', and to strike out the word "property'' and insert real estate'' was defeated.

sary comforts of life by exempting from seizure or sale, for the payment of any debts or liability hereafter contracted, the value of five hundred dollars in real or personal estate, at the election of the debtor or debtors: Provided, That he, she, or they have families; nor shall the owner, if married, have the power to alienate said protected property without the consent of the wife, to be expressed as the legislature may hereafter direct. Dick (p. 160).

23.

Patents and Copyrights-Resolved, That the Committee on the Rights and Privileges of the inhabitants of this State, be instructed to inquire into the expediency of reporting a section in the new Constitution securing to inventors and authors, the right to their inventions and works to themselves and their heirs forever. Biddle (p. 226).

24. Widow's Third-Resolved, That the Committee on Law and Law Reform inquire into the expediency of providing in the Constitution, that no law shall deprive the widow of an intestate, leaving no children, of more than one third of her deceased husband's property; and that under the right of dower as to all lands owned by deceased husband at the time of his death, his widow shall be entitled to one third of the land in fee absolute, instead of in life estate only. Prather (p. 228).

25. Vending Articles of Domestic Manufacture Without License-Resolved, That the Committee on Rights and Privileges be and they are hereby instructed to inquire into the expediency of reporting to this convention a section for the new Constitution, as follows:

Section -.

The General Assembly shall not pass any law requiring a license for the sale of any article the product of the United States, or which may be manufactured out of such product. Robinson (p. 233).

26.

Inalienable Rights-Resolved, That the Committee on the Rights and Privileges of the inhabitants of this State be instructed to report the first section of article first of the present Constitution, which reads as follows: All men are born equally free and independent, and have certain natural, inherent, and inalienable rights, among which are the enjoying and defending life and liberty, and acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety. Crumbacker (p. 286).

27. Boards of County Commissioners-Resolved, That the Committee on County and Township Organization be instructed to inquire into the expediency of inserting in the Constitution a

proviso similar to the following, viz.: It shall be the duty of the legislature to provide by law for the organization in each county of a board to consist of one commissioner from each township, to be elected annually by the people thereof, in which board shall be vested such powers of local legislation as the legislature may find practical and expedient. Borden (p. 286).

28. Descent of Property, Residents and Aliens-Resolved, That the Committee on the Rights and Privileges of the inhabitants of this State, inquire into the expediency of inserting in the bill of rights the following section: No distinction shall ever be made by law between resident aliens and citizens, in reference to the possession, enjoyment, or descent of property. Pepper of Crawford (p. 286).

29. Township Trustees, Collectors and Assessors-Resolved, That the Committee on County and Township Organization, be instructed to inquire into the expediency of providing in the amended Constitution for the election of three trustees in each of the several townships in this State, in whom shall be vested the transaction of all township business; and also inquire into the propriety of electing one assessor and one collector in each of said townships. Bascom (p. 324).

30. Life Estate for Widow-Resolved, That the Committee on Rights and Privileges be instructed to inquire into the expediency of reporting the following section:

Sec. The life rental of all real estate of which an intestate husband shall die seized, shall be secured to his widow, under equitable conditions by law. Owen (p. 325).

31. Interests of Widows and Orphans-Resolved, That the Committee on Rights and Privileges be directed to inquire into the expediency of reporting to this Convention, a section of the new Constitution to the following effect, viz.: That the General Assembly shall pass such laws as will more perfectly and extensively protect the rights and interests of widows in the property of their deceased husbands, and also providing for the children of deceased fathers, or other parent, a more equitable use of the property of the decedents. Morrison of Marion (p. 325).

32. Tenancy by Courtesy to Widows-Resolved, That the Committee on the Rights and Privileges, etc., be instructed to inquire into the expediency of reporting a provision, extending to widows the right of tenancy by courtesy in all cases where the law, under like circumstances, would have given the same right to their husbands. Milroy (p. 327).

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