voters to register; this proposition had been advanced unsuccessfully before, and was again presented for consideration

[House Journal, Forty-fourth Session, 131.]

Resolved, That the Committee on Elections be requested to inquire into the expediency of so amending the election laws of the State of Indiana as to require a registration of at least forty days before voting, of all the voters of each and every township, to be kept by the township trustee, and that said township trustee shall provide for such registration, and give due notice thereof by advertising in the newspaper of most general circulation in the township.

224. Supplementary Local School Levies (March 6, 1865).

The desire to provide for the local support of common schools by the imposition of a local supplementary tax levy, led to the introduction of several constitutional measures on that subject. On January 9, 1865, Mr. Othniel Beeson, a Republican, introduced two joint resolutions in the Senate designed to amend the Constitution so as to enable cities, towns and townships to raise additional revenue for the support of common schools. On January 10, these resolutions were referred to the Judiciary Committee. On January 18, the committee made a unanimous report in favor of adoption. On January 25, both resolutions passed, joint resolution No. 2 by a vote of 43-2, and joint resolution No. 3 by a vote of 46-0. On February 2, the House referred these resolutions to the Special Committee on Constitutional Amendments. On February 21, the committee submitted a report recommending the passage of both resolutions. On March 4, joint resolution No. 2 failed of passage by a vote of 31-41; joint resolution No. 3 was laid on the table.

[Senate Journal, Forty-fourth Session, 32.]

Senate joint resolution No. 3, entitled "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."

There is no evidence that joint resolution No. 2 ever passed the House but it was so reported to the Senate on March 4, the day on which it failed to secure a constitutional majority, and was approved by the Governor on March 6.

[Laws, 1865, p. 131.]

A joint resolution proposing an amendment to Article 8 of the Constitution, so as to enable cities 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 be agreed to, 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:

That there be added to Article 8 of the Constitution the following section:

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

Approved, March 6, 1865.

225. Supplementary Local School Levies (January 10, 1865).

Meantime, on January 10, Mr. Bartlet Wood, a Republican, introduced similar resolutions in the House. On January 18, on motion of the author, the two resolutions were referred to the Judiciary Committee. On January 21, the committee submitted an adverse report for the reason "that further legislation on that subject at this time is inexpedient; that the object sought by such change in the Constitution can be remedied by incurring the general tax for the support of common schools under the present Constitution; that the Committee on Education are now preparing a bill on that subject, of a uniform character throughout the State by an increase of taxation, so that a few schools may be taught from six to eight months in the year in cities, towns and townships." The report was concurred in. (See Document No. 243.)

[House Journal, Forty-fourth Session, 60 and 63.]

Joint resolution No. 3. A joint resolution proposing an amendment to Article 8 of the Constitution, so as to enable cities, towns, townships and school districts, to levy taxes for the support of common schools.

Joint resolution No. 4. A joint resolution proposing an amendment to the twenty-third section of the Constitution so as to provide for laws enabling cities, towns, townships and school districts to raise money for the support of common schools.

226. Negro Colonization and Discrimination (January 7, 1865).

On January 7, Mr. F. M. Meredith, a Republican, introduced a resolution in the House proposing to strike out the thirteenth article of the Constitution relative to the immigration, colonization and civil disabilities of negroes and mulattoes. On January 18, the resolution was referred to the select House Committee on Constitutional Amendments. On February 21, the committee brought in a divided report. A majority of the committee recommended the passage of the resolution; a minority, consisting of Mr. James Harrison and Mr. Charles B. Lasselle, recommended that the resolution be laid on the table as they deemed it inexpedient. Both reports were laid on the table and apparently there was no further action. (See Document No. 240.)

[House Journal, Forty-fourth Session, 44.]

Joint resolution No. 1 proposing an amendment to the Constitution by striking out the thirteenth article thereof:

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 Article 13 of the Constitution, which reads as follows: Sec. 1. "No negro or mulatto shall come into or settle in the State after the adoption of this Constitution.

Sec. 2. All contracts made with any negro or mulatto coming into the State contrary to the provisions of the foregoing section, shall be void; and any person who shall employ such negro or mulatto, or otherwise encourage him to remain in the State, shall be fined in any sum not less than ten dollars or more than five hundred dollars.

Sec. 3. All fines which may be collected for a violation of the provisions of this article, or of any law which may hereafter be passed for the purpose of carrying the same into execution, shall be set apart and appropriated for the colonization of such negroes and mulattoes, and their descendants, as may be in the State at the adoption of this Constitution, and may be willing to emigrate.

Sec. 4. The General Assembly shall pass laws to carry out the provisions of this article", be stricken therefrom.

227.

Memorial Demanding Removal of Negro Disabilities (January 16, 1865).

Meantime, resolutions, petitions and memorials, adopted by various churches, societies and organizations, concerning the disabilities of negroes, were presented in both the House and Senate.

On January 16, Mr. Paris C. Dunning introduced the following resolution in the Senate.

[Senate Journal, Forty-fourth Session, 92.]

Resolved, That the accompanying memorial of Western Yearly Meeting of Friends of Southern and Western Indiana and Eastern Illinois, held in Plainfield, Indiana, in 1864, be referred to the Committee on the Rights and Privileges of the Inhabitants of

the State, with instructions to inquire into the expediency of adopting suitable measures to so amend the Constitution of the State of Indiana as to remove the prohibition of negroes and mulattoes from voting; and also to inquire into the expediency of repealing all laws which impair their evidence in courts of justice, and embarass their efforts in the cause of education, with leave to report by bill or otherwise.

228. House Committee Report on Negro Disabilities (March 3, 1865).

On January 17, Mr. Hiram Prather presented a similar memorial in the House from the Western Yearly Meeting of Friends "praying for the repeal of all constitutional and State laws which divest negroes and mulattoes of their natural rights, and which impair their evidence in courts of justice." This memorial was referred to the Committee on Rights and Privileges, which on March 3 submitted a divided report. The majority report merely recommended that the memorial be laid on the table. The minority report, signed by Mr. John F. Burns, was more elaborate.

[House Journal, Forty-fourth Session, 758.]

A minority of your committee to whom was referred the memorial of the Friends Yearly Meeting, held at Plainfield, Hendricks county, Indiana, on the 19th to the 22d of the 9th month, 1864, entreating this body to take suitable measures to repeal all constitutional and statute laws which divest negroes and mulattoes of their natural rights, and which impair their evidence in courts of justice, and embarass their efforts in the cause of education, have had the same under consideration and respectfully submit the following:

That whereas, the Constitution of the United States, guarantees that the citizens of each State shall be entitled to all the privileges and immunities of the citizens in the several States, and the Declaration of Rights, both of the United States and this State, assert that all men are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness, and the blood and services of men of all complexions have been blended on the common altar of our country, in support of our civil and religious institutions, and the peace, happiness, and prosperity of our nation.

Therefore we recommend to the General Assembly of the State of Indiana, that justice, humanity, and respect to the civil and religious rights of all men, demand the passage of a joint resolution, striking from the Constitution of our State, the

thirteenth article thereof, and that all laws rendering Indians and negroes incompetent witnesses in courts of justice, ought, in accordance with the spirit of the present age, to be repealed during the present session of this General Assembly, and that the act entitled an act to enforce the thirteenth article of the Constitution, approved June 18th, 1852, ought to be repealed.

And inasmuch as the Constitution of Indiana, declares that knowledge and learning generally diffused through a community are essential to the preservation of free government, requires that we shall provide by law, for a uniform system of common schools wherein tuition shall be without charge and equally open to all, and since it is evident that the peace, happiness, and prosperity of a State, must depend upon the proper culture and development of the minds of its citizens of every class, we would recommend that amendments be made to the act approved March the 11th, 1851, entitled an act to provide for a general system of common schools, and the officers thereof and their respective powers and duties, and matters properly connected therewith, etc., etc., so that all of section first, after the words "by law," be repealed, and that taxes be assessed without regard to color, and that colored children be allowed their proportion of the school revenue, to defray the expenses of their education in such way as may seem to them best, when objections are raised to their admission into the common schools in districts in which they reside, and in schools established for the education of colored children.

And we believe that your concurrence in the views expressed in the foregoing report will redound to the honor and glory of our noble State, as an integral part of our glorious Union, which ought, literally, to be the land of the free, as it is the home of the brave.

Both reports were laid on the table and not subsequently considered. 229. Calling a Constitutional Convention (January 12, 1865).

The slow and unsatisfactory process of procuring amendments to the Constitution by the legislative method and the necessity for rather comprehensive changes led to the introduction of two measures for the calling of a constitutional convention. Both of these propositions were introduced in the House. The first proposal was inspired by the fact that the soldiers were deprived of the right of suffrage, and it was submitted by Mr. Austin M. Puett, a Democrat, on January 12, as a resolution of inquiry, to the Committee on the Judiciary. Apparently no report was ever made.

[House Journal, Forty-fourth Session, 87.]

WHEREAS, Under the present Constitution of Indiana the