Second. Can the General Assembly constitutionally pass a registry law for the purpose of defining and ascertaining who are entitled to the right of suffrage, and to prevent unqualified persons from voting.

202. Local Levy of Common School Taxes (January 18, 1 1861).

Introduced in the Senate on January 18 by Mr. Walter March and referred to the select committee who reported favorably on February 2, when the resolution passed by a vote of 31-4. The resolution passed the House by a vote of 77-13.

[Laws, Forty-first Session, 186.]

A joint resolution proposing an amendment to article eight of the Constitution, so as to enable cities, townships and towns, to levy taxes for the support of common schools.

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, viz.:

That there be added to article eight of the Constitution, the following section:

Incorporated cities, townships and towns, shall have power by taxation, under regulations prescribed by the General Assembly, to raise revenue for the support of common school, in addition to the revenue derived for that purpose from the State.

203. Local Levy of Common School Taxes (February 2, 1861).

When the select committee reported the foregoing resolution, they recommended the adoption of a supplementary amendment to render the school law of 1852 constitutional in conformity with the interpretation placed upon the uniform common school section by the Supreme Court. The resolution passed the Senate by a vote of 35-4, and the House on February 15, by a vote of 70-16.

[Laws, Forty-first Session, 186.]

A joint resolution proposing an amendment to the twenty-third section, article 4, of the Constitution, so as to provide for laws enabling cities, townships and towns to raise money for the support of common schools.

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, viz.:

That there be added to the twenty-third section of article four of the Constitution, the following clause:

But laws may be passed by the General Assembly enabling incorporated cities, townships and towns, to raise money for the support of common schools, without requiring a uniform rate of taxation between the different corporations.

204. Common School Fund (January 21, 1861).

On January 21, 1861, the following resolution, relative to the distribution and disposition of the common school fund, was introduced in the House.

[House Journal, Forty-first Session, 136.]

Resolved, That the Judiciary Committee be instructed to report amendments to the eighth article of the Constitution, provided it is not deemed incompatible with the public good, as follows, to-wit:

First. To the effect that the funds in the second section thereof mentioned shall be and remain a consolidated and perpetual fund for the support of common schools in this State, which may be increased but never diminished and which shall have a uniform and general application throughout the State, so that each county will draw its quota of interest arising therefrom in proportion to the number of children therein.

Second. That that portion of the common school fund which may arise in each county from direct taxation, and from fines and forfeitures under the penal code, shall remain in said county for the entire and exclusive benefit of the common schools therein.

205. Distribution of Common School Fund (February 16, 1861). On February 16, the following resolution was offered in the House.

[House Journal, Forty-first Session, 487.]

Resolved, That the Judiciary Committee be and they are hereby instructed to examine section one of article eight of the Constitution, and report at their earliest convenience, who are entitled to the benefit of our common schools by the provisions of said section.

206. Quadrennial Election of State Superintendent of Public Instruction (February 19, 1861).

Introduced on February 19, in the Senate, by Mr. John F. Miller, a Republican, and rejected at once by a vote of 20-24.

[Senate Journal, Forty-first Session, 520.]

Senate joint resolution No. 15. A joint resolution proposing an amendment to the eighth section of article eight of the Constitution, so as to make the superintendent of public instruction elective every four years.

207. Reduction of Membership of General Assembly (February 11, 1861).

On February 11, the following resolution relative to a reduction in the membership of the House and Senate was presented in the House.

[House Journal, Forty-first Session, 380.]

Resolved, That the Committee on Apportionment be instructed to inquire into the expediency of reducing the number of Senators to fifteen, and the number of Representatives to thirty, in the General Assembly, and that they report by bill or otherwise, at their earliest convenience.

208.

Reduction of Membership of General Assembly (February 25, 1861).

On February 25, a similar resolution was offered in the Senate.

[Senate Journal, Forty-first Session, 607.]

Resolved, That the joint Committee on Apportionment be instructed to inquire into the expediency of reducing the number of Senators to thirty, and the number of Representatives to sixty, and if such reduction be expedient, to report a bill apportioning the State accordingly.

209. Fixing Number of Senators at 36 and Representatives at 72 (February 23, 1861).

On February 23, Mr. Martin L. Bundy, a Republican, offered an "amendment of Article 4 Section 2 of the Constitution of the State of Indiana, reducing the number of Senators to 36, and the number of Representatives to 72." An unsuccessful attempt was made to amend the resolution to the effect "that the Constitution as made by the fathers of 1850 is good enough as it is, and we are opposed to any amendments thereof." The resolution was referred to the Judiciary Committee and on March 11, for want of time to consider it, it was reported back and laid on the table.

[House Journal, Forty-first Session, 578.]

Joint resolution No. 33. A joint resolution proposing amendments to the Constitution of the State of Indiana.

210. House Judiciary Committee Report on Annual Legislative Sessions (March 4, 1861).

On March 4, the House Juduicary Committee made the following report, but apparently there was no further action on the resolution.

[House Journal, Forty-first Session, 771.]

The Judiciary Committee, to whom was referred a resolution of this House, No. —, inquiring into the expediency of so amending the Constitution of the State, as to provide annual, instead of biennial, sessions of the General Assembly, have had the same under consideration, and have instructed me to submit the accompanying joint resolution, and recommend its passage. Your committee are impressed with the belief that the constitutional limit of sixty-one days for the duration of the sessions of the General Assembly, is too short to enable that body properly to mature the legislation necessary for a million and a half of of people. In other States, whose senators and representatives are elected biennially, annual sessions are procured by adjournment, but here the constitutional limit intervenes. The legislative expenses seem to have been the principal motive which induced the framers of the Constitution to limit the duration of the sessions, but the committee submit that the people have lost far more for the want of such sessions to watch unfaithful public servants. The legislature is the only check in the public officers which the people have, and if they are to be kept within the line of their duty, experience has proved that the General Assembly should meet oftener than once in two years. The following joint resolution is submitted:

House joint resolution No. 36. A joint resolution, proposing to amend the Constitution, by substituting annual, for biennial sessions of the General Assembly.

211.

Duration of Legislative Sessions (March 8, 1861).

Reported by the House Judiciary Committee on March 8, as follows:

[House Journal, Forty-first Session, 961.]

The Judiciary Committee to whom was referred a resolution

4-5055a

of the House directing said committee to report at what time the present session will expire by constitutional limitation, have had the same under consideration, and direct me to report that in the opinion of said committee, this House may lawfully continue its session till Monday, the 11th day of March, 1861, at twelve o'clock at night, and that the House may pass bills, and present them to the Governor for approval, till Saturday the 9th day of March, 1861, at twelve o'clock at night.

THE FORTY-THIRD GENERAL ASSEMBLY (1863).

The sources of information as to the political complexion of the Fortythird session of the General Assembly differ. The Indianapolis Journal gives the following: House, 57 Democrats and 43 Unionists; Senate, 26 Democrats and 24 Unionists. The Indianapolis Sentinel gives 60 Democrats and 40 Abolitionists in the House, and 27 Democrats, 21 Abolitionists and 2 Independents in the Senate. There were three constitutional measures which the Forty-third session was supposed to act upon: Those prescribing the residential qualifications of electors and authorizing the levy of local common school taxes. These provisions were embodied in three separate resolutions.

212. Levy of Local Common School Tax (January 14, 1863).

Introduced in the Senate on January 14, 1863, by Mr. Walter March, a Republican; referred to the Committee on Education on January 15; on January 21, reported favorably and passed under suspension of the rules, by a vote of 36-7. On January 28, the resolution was referred to the House Committee on Education; on February 21, a divided report was presented; the minority report was to the effect that "the adoption of the proposed amendments would eventually destroy our common school system; that any change at the present time in our school system would be unwise and injudicious . . ." The majority report was in favor of passage but apparently no further action was had. The resolutions comprised in this measure are Documents Nos. 202 and 203 above. This was the first time a constitutional amendment adopted by one General Assembly, had been submitted for ratification to its successor.

[Senate Journal, Forty-third Session, 65.]

Senate bill No. 1, entitled “A joint resolution proposing amendments to Article 8, and twenty-third section of Article 4 of the Constitution, enabling cities, townships and towns to levy taxes for the support of common schools, and so to provide for laws necessary to secure that object."

In the House, these propositions were embodied in two separate resolutions and were introduced by Mr. Thomas J. Cason, a Republican, on January 21; on January 27, both resolutions were referred to the Committee on Corporations; on January 28, Resolution No. 14 was referred to the Committee on Education; on February 21, the Committee on Education recommended the indefinite postponement of this resoultion "for the reason that a Senate