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February 22, 1860, adopted the following resolutions in regard to aliens and the Wabash and Erie Canal.

[Indianapolis Journal, February 23, 1860.]

That we are in favor of equal rights to all citizens, at home and abroad, without reference to the place of their nativity, and that we will oppose any attempt to change the present naturalization laws.

That we are opposed to the retrocession of the Wabash and Erie Canal, as well as to the State becoming liable for any of the debts, or bonds for which the same was transferred to satisfy.

THE FORTY-FIRST GENERAL ASSEMBLY (1861).

In the Forty-first General Assembly the Senate consisted of 28 Republicans and 22 Democrats, and the House of 62 Republicans and 38 Democrats. The overwhelming defeat of the proposition of calling a constitutional convention had now induced the proponents of constitutional amendments to abandon the idea of a convention but to insist on securing amendments by the legislative method.

194. Committee on Necessity for Constitutional Amendments (January 14, 1861).

On January 14, 1861, a select constitutional committee of five senators was appointed in conformity with the provisions of the following resolution:

[Senate Journal, Forty-first Session, 50.]

WHEREAS, It is represented by some of the citizens of the State of Indiana, that her present Constitution does not afford sufficient margin for the full development of her resources in all the elements that are calculated to make her a great State; AND WHEREAS, The Constitution contains within itself provisions which point out the manner of amending the same; therefore,

Resolved, That a committee of five be appointed, whose duty it shall be to inquire into the necessity (if any) of amending the Constitution of the State, and to report by bill or otherwise.

195. Annual Sessions of the General Assembly (January 14, 1861).

On January 14, Mr. Martin L. Bundy, a Republican, introduced a resolution in the House relative to annual sessions of the General Assembly, and authorizing voters to levy taxes for school purposes.

[House Journal, Forty-first Session, 55.]

Resolved, That the Judiciary Committee enquire into the

expediency of framing and submitting to this House for their adoption, amendments to the constitution providing for annual instead of biennial sessions of the legislature; and also that the citizens of any town or township, desiring so to do, may levy such additional tax for school purposes as they may deem expedient.

196.

Residential Qualifications for Suffrage (January 18, 1861).

On January 18, Mr. Walter March, a Republican, introduced a resolution in the Senate for the adoption of a constitutional amendment to prevent fraudulent voting, which was referred to the select committee appointed on January 14. On February 2, the resolution was reported back to the Senate and adopted by a vote of 38-2. The House passed the resolution on February 27 by a vote of 88-2.

[Laws, Forty-first Session, 185.]

A joint resolution proposing an amendment to the second section of article second of the Constitution, so that the legislature may more effectually guard against fraudulent voting.

Be it resolved by the General Assembly of the State of Indiana, That the following amendment be proposed to the Constitution of the State, and submitted to the electors for their adoption or rejection, provided the same is agreed to by a majority of all the members elected to each house of the General Assembly, chosen at the next general election, to-wit: That there be added to the second section of article second the following clause: Laws may be passed fixing as a qualification of voting, the length of time during which an elector shall have resided in the county and township, precinct or ward in which he offers to vote, and for ascertaining by proper proofs the persons entitled to vote under this Constitution.

197. Residence Qualifications of Electors (January 23, 1861).

On January 23, the following resolution relative to the residence qualifications of voters was introduced in the House.

[House Journal, Forty-first Session, 154.]

Resolved, That the Committee on Rights and Privileges be instructed to inquire into the expediency of requiring a residence of sixty days in the county, and not less than thirty in the township or precinct in which any voter of this State may offer to vote, and report to the House by bill or otherwise, at as early a day as practicable.

198.

House Committee Report on Registration Law (January 23, 1861).

On January 23, Mr. James H. Turner, a Republican, introduced a bill in the House to provide for the registration of voters. On February 5 it was referred to the Committee on Elections, who on February 12 reported that they were of the opinion "that a registry law is not only inexpedient, but doubtless unconstitutional." The bill was then referred to the Judiciary Committee, who submitted the following report on February 13, which was concurred in.

[House Journal, Forty-first Session, 403.]

The Judiciary Committee, to whom was referred House bill No. 90, being "a bill to provide for the registering of voters, to prevent corruption at elections, and to define what is the residence of a voter," have had the same under consideration, and have instructed me to report that so much of the bill as requires a voter to reside and have his domicil in the township thirty days previous to offering his ballot, conflicts with Section 2 of Article 2 of the Constitution of the State of Indiana. The qualifications in the Constitution for a voter, are merely that the person offering to vote shall be "a white male citizen," over the age of twenty-one years, and that he be a resident of the State for six months immediately preceding the election, and that he shall vote in "the township or precinct where he may reside."

The term "residence" was well understood, and had a definite meaning at the time of the adoption of the Constitution. It requires no length of time, but fixedness of habitation, to constitute a residence; and to say that a voter shall reside in the township thirty days before offering his vote, is super-adding a qualification not required by the Constitution, and the legislature might as well say the voter should be twenty-five years of age, when the Constitution declares he need only be twenty-one years old.

The committee are desirous of protecting the ballot-box from fraud, by every legal and constitutional means, and to that end would make the most stringent laws punishing persons who voted, or offered to vote at elections, without the qualifications of age and residence required by the Constitution; but without saying that a registry law, such as is provided for in the bill, would be unconstitutional, they are of the opinion the law at this time would be inexpedient and unnecessary. The population of our State is not sufficiently dense, nor have we cities sufficiently large, to require the enactment of such law. Before the time arrives,

however, when such a law should be required, it is to be hoped that the Constitution will be so changed that all objection to its constitutionality shall be removed. The committee recommend the indefinite postponement of the bill.

[House Journal, Forty-first Session, 161.]

House bill No. 90. A bill to provide for the registering of voters, to prevent corruption at elections and to define what is the residence of voters.

199. Registration Bill (January 28, 1861).

Meantime, on January 28, another bill with the same purpose was introduced in the House.

[House Journal, Forty-first Session, 227.]

House bill No. 125. A bill to provide for the prevention and punishment of frauds in elections.

On February 5, when the bill came up for consideration, the following substitute was proposed, and the bill and amendment were referred to the Committee on Elections.

[House Journal, Forty-first Session, 320.]

No. 125. A bill for the prevention and punishment of frauds in elections.

Section 1. Be it enacted by the General Assembly of the State of Indiana: That any person under the age of twenty-one years, or who has not been a citizen of the State of Indiana during the six months immediately preceding, or being of foreign birth, who shall not have resided in the United States one year, and six months immediately preceding, within the State of Indiana, and declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, or who shall not, in good faith, reside in the township, precinct or ward, in which the election may be held, who shall, at any general or special election, for State, county or municipal officers, offer to vote, shall be deemed guilty of a felony, and on conviction thereof shall be fined in any sum not more than fifty dollars, to which may be added imprisonment in the penitentiary not less than six months nor more than two years.

Sec. 2. That any person who shall attempt to induce any person not legally qualified, to vote contrary to the provisions of the laws and Constitution of Indiana, or who shall try to induce any person to move temporarily from one township, precinct or

ward to another for the purpose of voting therein, or who shall harbor or employ such a transient person, knowing him to be such, shall be guilty of a felony, and shall, upon conviction thereof, be fined in any sum not more than fifty dollars, to which may be added imprisonment in the penitentiary not less than six months nor more than two years.

Sec. 3. The word "reside," in the first section of this act shall be construed to apply, in the case of a married man, to the place of residence of his family, and in a single man, to the township, precinct or ward in which he regularly sleeps.

On February 12, this bill and the bill introduced by Mr. Turner were reported back to the House with the recommendation that they be indefinitely postponed. This bill apparently was considered no further.

200. Residential Qualifications of Electors—Resolution of Inquiry (January 24, 1861).

On January 24, the following resolution was introduced in the House.

[House Journal, Forty-first Session, 173.]

Resolved, That the Committee on Judiciary inform this House whether or not a law requiring a specified period of residence in a township to entitle any person to vote in such township or precinct, would be constitutional.

201. Supreme Court Opinion on Constitutionality of Election Bills (January 25, 1861).

On January 25, the following resolution, seeking to obtain an opinion of the Supreme Court, was offered in the Senate, but laid on the table.

[Senate Journal, Forty-first Session, 160.]

Resolved, That the judges of the Supreme Court are respectfully requested to examine any bills designed to prevent frauds in elections which may be submitted to them by the Senate, or by the committees having such bills in charge, and to give their opinions in writing upon the constitutionality thereof; and especially as to the following points:

First. Can the General Assembly, under the present Constitution, pass a law prescribing a residence for any given number of days in the precinct where the person offering to vote claims to reside; or have the General Assembly the power to define by law how long a person claiming to be a voter must be an inhabitant of the precinct before he shall be deemed a resident.

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