On again made the special order for November 23. After ineffectual action on the measure on the latter date, its consideration was discontinued until the following day, when it was referred to the Judiciary Committee. November 28, a majority of the committee recommended the passage of the resolution without amendment and the minority recommended indefinite postponement. On November 30, the resolution passed by a vote of 51-41. On December 8, after consideration, the Senate, by a vote of 21-22, refused to advance this resolution to engrossment and apparently no further action was had. (See Document No. 226.) 241. Annual Sessions of the General Assembly (November 17, 1865). Introduced in the House by Mr. Francis P. Griffith, a Republican, on November 17. On November 30, the resolution was put upon its passage and was lost by a vote of 39-48. [House Journal, Called Session, 1865, 94.] Joint resolution No. 17. A joint resolution amendatory of Section 9 Article 4 of the Constitution of the State of Indiana, so as to provide for annual sessions of the General Assembly. 242. Annual Sessions of the General Assembly (December 9, 1865). On December 9, Mr. Brown of Wells, a Democrat, introduced a similar resolution in the Senate. On December 13, the resolution was referred to the Judiciary Committee but there is no evidence that the resolution was ever reported back. [Senate Journal, Called Session, 1865, 336.] Senate joint resolution No. 23, entitled "A joint resolution for the amendment of Section 9 Article 4 of the Constitution, so as to provide for annual sessions of the legislature." 243. Supplementary Common School Tax Levies (November 17, 1865). Joint resolutions Nos. 3 and 4 which were introduced by Mr. Bartlett Wood during the regular session, had been laid on the table. On November 17, on motion of the author, both resolutions were placed on the files. On November 28, resolution No. 4 was referred to the Judiciary Committee with instructions to rewrite it if necessary, to conform to the requirements of Article 16 of the Constitution. On November 30, resolution No. 3 passed the House by a vote of 56-31. Apparently, Resolution No. 4 was never reported by the committee. The Senate Journal does not disclose that any action was taken on Resolution No. 3. (See Document No. 225.) 244. Woman Suffrage (December 4, 1865). On December 4, Charles B. Lasselle, a Democrat, introduced a joint resolution in the House proposing to so amend the Constitution as to extend the right of suffrage to females. The resolution was referred to the Select Committee on Constitutional Amendments. On December 14, the committee presented an elaborate report and recommended the passage of the resolution. The report was laid on the table and apparently not subsequently considered. [House Journal, Called Session, 1865, 455.] That this proposition is a very novel and important one, and involves questions of the highest moment to the female sex in particular, and to the community of the State in general. It has never before, to the knowledge of this committee, arisen in such form as to elicit discussion in any legislative body, or by the public generally, and it is invested with many speculations as to the expediency and effect upon the condition of society. As a question of abstract right, the committee have no doubt, that, in accordance with the principles of a democratic form of government, females are entitled to the right of suffrage. But as to the political and moral results of the grant and exercise of this right, they are not so clear; yet in view of the past history and character of the female sex, in all ages and positions, the committee are of the belief that the enforcement of this right by the women of Indiana, would not only tend to exalt and ennoble the sex themselves, but would eventually tend to promote the general welfare. The original resolution was as follows: [House Journal, Called Session, 1865, 316.] Joint resolution No. 22. A joint resolution proposing an amendment to Section 2 of Article 2 of the Constitution of the State, so as to extend the right of suffrage to females as well as males. 245. Defining a Quorum of the General Assembly (December 5, 1865). On December 5, Mr. Michael F. Shuey, a Republican, introduced a resolution defining what shall constitute a quorum of each House of the General Assembly. The resolution was referred to the Judiciary Committee. [House Journal, Called Session, 1865, 316.] Joint resolution No. 23. A joint resolution to amend the eleventh section of the fourth article of the Constitution, so as to constitute a majority of the members elected to each house of the General Assembly, a quorum to do business. On December 14, the committee reported favorably, the report was laid on the table, and not subsequently considered. [House Journal, Called Session, 1865, 453.] It seems to the committee that the legislative history of the State, since the adoption of the present Constitution, is the strongest possible argument in favor of the proposed amendment. The power now given to a minority-a power, too, that has been frequently exercised-to suspend the legislative power of the State by a withdrawal from the house of which such minority are members, is opposed to the principles of a representative government, and makes the minority more powerful than the majority, as one-third of either house may prevent the passage of a bill, while the Constitution requires the affirmative vote of all the members elected to each house, when a quorum of twothirds or more is present. The inconvenience of the present rule is further illustrated by the difficulty experienced in keeping a quorum for the transaction of business. The sickness of members, and the necessary absence. of others, frequently compel a clear majority of either house to suspend business, to the great detriment of the State and the prejudice of its treasury. 246. Union (Republican) Platform of 1866— Qualification of Electors (February 22, 1866). The Republican Party, assembled in convention in Indianapolis on February 22, 1866, adopted the following resolution relative to the qualifications of electors which the issues of the war had rendered paramount. [Indianapolis Journal, February 23, 1866.] Resolved, That, under the Constitution of the United States, the power to determine the qualifications requisite for electors in each State, rests with the States respectively. 247. Democratic Platform of 1866-Negro Exclusion Article (March 15, 1866). The Democratic Party, assembled in convention in Indianapolis on March 15, 1866, adopted the following resolution relative to the repeal of the thirteenth article of the Constitution providing for negro exclusion and colonization. (See Documents Nos. 226 and 240.) [Indianapolis Journal, March 16, 1866.] Resolved, That we are opposed to the repeal of the thirteenth article, of the Constitution of Indiana prohibiting negroes and mulattoes from settling in this State, and now, more than ever, deprecate the entrance of that class of persons within its borders; and we most emphatically condemn and disapprove the action of the Republican majority in the late General Assembly of Indiana in passing through the House a joint resolution providing for the abrogation of that article in the Constitution. THE FORTY-FIFTH GENERAL ASSEMBLY (1867). The Forty-fifth General Assembly of 1867 was largely Republican in both branches. The Senate consisted of 30 Republicans and 20 Democrats, and the House of 61 Republicans and 39 Democrats. At the preceding regular and special sessions of 1865 an unsuccessful attempt had been made to repeal the thirteenth article of the Constitution which prohibited negroes and mulattoes from coming into the State and declared void all contracts made with such negroes and mulattoes as should come into the State contrary to its provisions. At the May term of 1866, the Supreme Court, in Smith v. Moody, 26 Ind. 299, held that the thirteenth article of the Constitution was null and void as being repugnant to the Constitution of the United States. In his message to the General Assembly on January 11, 1867, Governor Morton referred to this decision and recommended "that as an act of public decency it be formally repealed and wiped out." He also recommended the passage of a registry law, and, after reviewing the evidence, gave his opinion that such a law would be constitutional. Some of the recommendations of the Governor were carried out. A registration law was enacted and approved on March 11, 1867, and the act of June 18, 1852, entitled "An act to enforce the thirteenth article of the Constitution" was repealed by an emergency act approved February 22, 1867. The registry law of 1867 was amended in 1869 and both acts, prescribing a residence qualification for electors, were declared unconstitutional in Quinn v. State, 35 Ind. 485. No constitutional amendments were adopted, although amendments on the following subjects were proposed: A supplementary local common school revenue; annual sessions of the General Assembly; unlimited legislative sessions, .but limitation of compensation to ninety days of an annual session and forty days of a special session; prohibition of the assumption of any debt of the Wabash and Erie Canal; and constituting a majority of the members elected to each house a quorum to transact business. 248. Supplementary Common School Revenue; Annual Unlimited Sessions; Wabash and Erie Canal (January 29, 1867). At the regular session of 1865, a resolution had been adopted 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. On January 29, Mr. T. J. Cason, a Republican, introduced a bill to provide for the submission of this resolution to the people at the general election of 1867, which was referred to the Judiciary Committee. On February 22, the committee reported the bill back to the Senate with a slight amendment and the recommendation that the bill pass. On February 23, the bill was referred to a select committee of five with instructions to "inquire into the expediency of a more general amendment of the Constitution." On March 5, the select committee made a report relative to constitutional amendments, recommending that the original bill be laid on the table and the following proposed amendments, embodied in a concurrent resolution, adopted. [Senate Journal, Forty-fifth Session, 753.] By adding the following to Article 8: Resolved by the Senate, the House concurring, That the Constitution of this State be amended so as to read as follows: Incorporated cities, towns and townships 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. Amend Section 9, Article 4, as follows: The sessions of the General Assembly shall be held annually at the capital of the State, commencing on the first Thursday in December after this amendment has been ratified as provided for in the Constitution, and on the same day of each year thereafter, unless a different day or place shall be appointed by law. But if, in the opinion of the Governor, the public welfare require it, he may, at any time, by proclamation, call a special session. Amend Section 29, Article 4, as follows: The members of the General Assembly shall receive for their services a compensation to be fixed by law; but no increase of compensation shall take effect during the session at which such increase may be made. No session of the General Assembly shall be limited by law; but the members thereof shall receive no compensation for their services after the first ninety days of the annual session shall have expired; and the first forty days of the special session shall have expired. The changes proposed by the committee made it necessary to submit the proposition to the next succeeding General Assembly for ratification. Thereupon, Mr. Cason, the author of the bill, moved that the select committee consider the expediency of adding the following section relative to the assumption of the debt of the Wabash and Erie Canal, and with these instructions and the further suggestion that the committee inquire into the expediency of so amending the proposition as to make it a joint resolution, the measure was recommitted. Sec. -. [Senate Journal, Forty-fifth Session, 754.] The General Assembly of the State of Indiana shall never incur any debt or liability, or recognize any claim or demand |