by this House on said part of said message unnecessary, and ask to be discharged from the further consideration of the subject.

106. Senate Committee's Report on Calling Constitutional Convention (December 18, 1846).

On December 10, 1846, a bill providing for the election of delegates to a constitutional convention was introduced in the Senate by James G. Read (Democrat). On December 11, by a vote of 28-21, the bill we referred to a select committee of one from each judicial circuit in the Sta、 (7 Whigs, 5 Democrats); on December 18, the committee submitted the following report which, by a vote of 29-18, was laid on the table and 100 copies ordered printed for the use of the Senate.

[Senate Journal, Thirty-first Session, 94.]

The select committee to which was referred Bill No. 3, of the Senate, providing for holding a convention to revise and amend the Constitution of the State of Indiana, have had the same under consideration, and have instructed me to report the same to the Senate, with the following amendments:

In the preamble insert "a majority of all the votes given upon the subject of a convention."

In the fourth section strike out "board of commissioners", and insert "board doing county business."

In the twelfth section strike out "President", and insert "Governor.'

On December 30, the bill was taken from the table. An attempt was made to refer the bill to the Judiciary Committee with instructions "to inquire whether a convention to amend the Constitution has been called by the people, at the last August election, under the provisions of the Constitution." This proposition failed by a vote of 24-24. After being twice postponed, the bill was taken up for consideration on January 5, 1847. All of the amendments submitted by the select committee were concurred in. At this juncture the following motion was presented for consideration:

107.

Expediency and Constitutionality of Calling a Convention (January 5, 1847).

[Senate Journal, Thirty-first Session, 294.] Mr. [John] Beard moved to recommit said bill to a select committee, with instructions to provide for submitting the question of calling a convention to revise and amend the Constitution to a vote of the people at the next August election, inasmuch as serious doubts exist whether such convention was called at the last election; no returns having been received from thirteen counties of any vote whatever on that subject.

The following motion was proposed as a modification of the foregoing and accepted by the original mover:

[Senate Journal, Thirty-first Session, 294.]

Amend so that said committee shall inquire into the constitutionality and expediency of the law authorizing the election of delegates to form a new constitution, before a majority of all the votes cast at the election, shall have been given in favor of a convention; and also, to inquire into the probable cost of such convention.

On January 11, by use of the previous question, both of these recommendations were eliminated. The bill was advanced to engrossment by a vote of 24-21. Under suspension of the rules, the bill was passed by a vote of 24-22. (21 Democrats and 3 Whigs in favor, 21 Whigs and 1 Democrat opposed). At this point, the constitutional question arose, whether it was necessary "that a majority of all the members elected to both branches of the General Assembly" should vote on the bill to insure its passage. The President postponed his decision on this question until January 14, when he decided that the bill had passed; an appeal was taken from this decision but was laid over and on January 20 the bill was reported to the House. Just prior to the passage of this bill in the Senate, the following motion was submitted but was immediately eliminated by the use of the previous question.

108. Calling a Constitutional Convention (January 11, 1847).

[Senate Journal, Thirty-first Session, 389.]

WHEREAS, in pursuance of an act entitled "An act to provide for taking the sense of the qualified voters of the State, on the calling a convention to alter, revise, or amend the Constitution of the State;'' and, according to the report of the Secretary of State, only thirty-two thousand four hundred and sixty-eight, of the one hundred and twenty-three thousand eight hundred and seventy-eight votes polled for Governor, voted for the holding of said convention: AND WHEREAS, nearly one-half of those who voted for Governor at the late August election, did not vote for or against a convention as is believed, in consequence of not having understood the form of voting in several counties in the State: Therefore,

Be it enacted by the General Assembly of the State of Indiana, That it shall be the duty of the inspectors and judges of elections in the several townships within each county in this State, at the annual election in August next, to open a poll in which shall be entered all the votes given for a convention to alter, revise, or amend the constitution of this State.

Sec. 2. Every qualified voter of this State may, if he choose, at the annual election in August next, vote for the calling of a

convention, for the purpose mentioned in the first section of this

act.

Sec. 3. If such voter shall be in favor of a convention, he shall write or print, or partly write and partly print, on the same ballot with which he votes for State or county officers, the words "For a Convention."

It is hereby made the duty of the inspectors and judges of elections to certify the votes given for a convention to the clerks of the circuit courts, respectively, in the same way and manner, and under the same restrictions and penalties, that votes for State and county officers are certified.

Sec. 5. It shall be the duty of the clerks of the circuit courts throughout this State, to certify and make returns of all the votes. given for a convention to the Secretary of State, in the same way and manner that votes given for Governor and Lieutenant Governor are required by law to be certified, and they shall be subject to the same penalties for a neglect of duty. It shall be the duty of the Secretary of State to lay before the next General Assembly, on the second day of December next, all the returns by him received, pursuant to the provisions of this act, for their further consideration and deliberation.

Sec. 6. It shall be the duty of the several sheriffs of this State to give six weeks' public notice in a newspaper, if one be published in his county; if not, by written notices in each township in his county, that there will be a poll opened for the purpose specified in this act.

On January 22, 1847, by a vote of 58-37, the bill was indefinitely postponed in the House. Only the title of the original bill has been preserved.

[Senate Journal, Thirty-first Session, 36.]

A bill providing for holding a convention to revise and amend the Constitution of the State of Indiana.

109. Reviving Law Relative to Calling Constitutional Convention (January 15, 1847).

Introduced in the Senate on January 15 by Hugh Homer (Whig) and referred to a select committee of three. On January 20, the select committee submitted a report recommending the passage of this resolution. By a vote of 29-20, the resolution was advanced to engrossment for third reading.

[Senate Journal, Thirty-first Session, 469,]

A joint resolution on the subject of reviving the law in regard to calling a convention to revise or amend the Constitution of this State,

110. Obtaining Governor's Opinion on Legal Effect of Vote Given at Election of 1846 (December 28, 1846).

Introduced in the House on December 28, 1846, by William G. Holland (Whig), and laid on the table by a vote of 52-33.

[House Journal, Thirty-first Session, 214.]

WHEREAS, The constitution of the State of Indiana makes it the duty of his Excellency the Governor, when a majority of all the votes given at a general election for Governor, is in favor of a convention to alter the Constitution, to inform the next General Assembly thereof; AND WHEREAS, a vote has been taken on that subject at another time than that designated in the constitution, by virtue of an act of the General Assembly at its last session;

AND WHEREAS, a full vote was not given at said election on that subject, but of the number of votes cast for and against a convention, a majority voted for a convention; therefore,

Resolved, That his Excellency the Governor be, and he is hereby respectfully requested forthwith to communicate to this branch of the General Assembly, his opinion whether the vote given under the circumstances will authorize the legislature to provide by law for the election of members of such convention, the number thereof, and the time and place of their meeting.

111. Evils of Local and Special Legislation (January 11, 1848).

[Thirty-second Session, 1847-48. James Whitcomb, Governor, Democrat. Senate 25 Whigs, 25 Democrats; House-54 Whigs, 46 Democrats. (Indiana Weekly Journal, September 7, 1847.)]

In his annual message to the General Assembly on January 11, 1848, Governor James Whitcomb alluded to the evils and injustice of local and special legislation in the following passage:

[House Journal, Thirty-second Session, 131.]

Occasion has been repeatedly taken in my former messages to allude to the great amount of our local or special legislation, the danger of injustice by its means to individual interests, its expense to the treasury and the large portion of time it necessarily occupies to the detriment of that mature and thorough consideration which is due to subjects of a general character. It was also recommended. that the necessary powers should by general laws be conferred upon other and more appropriate tribunals, to afford the necessary relief, sought by means of private acts. The subject has been deemed of so grave importance that the constitution of New

York, as lately amended, has a provision against this evil engrafted in it.

I was therefore much gratified to find the attempt to obviate it in part, by the passage, at the last session, of the act to authorize the formation of voluntary associations, approved January 27, 1847. It is hoped that no bill will now be introduced into the legislature for an object the accomplishment of which can be secured by that act. It is not intended to say that the act is not susceptible of amendment; on the contrary, it is believed it might be made to have a wider scope with advantage. But that or any other defect can be easily remedied.

It is earnestly recommended that, as far as practicable, the residue of the broad field of private legislation be occupied by a few general laws.

112. Calling a Constitutional Convention (December 8, 1847).

Presented to the Senate on December 8, 1847, by James G. Read (Democrat); on December 10, referred to a select committee of one from each congressional district (6 Democrats, 4 Whigs); on January 11, 1848, the committee reported the bill back to the Senate and recommended its passage; on January 21, advanced to engrossment by a vote of 25-23; rejected on January 24 by a vote of 21-24. (21 Democrats in favor of passage, 23 Whigs Only the title of the bill has been preserved.

and one Democrat opposed.)

[Senate Journal, Thirty-second Session, 20.]

A bill to authorize the voters of this State to vote for, or against a convention for the revision of the Constitution.

113. Calling a Constitutional Convention (January 21, 1848).

Introduced in the House on January 21, 1848, by David S. Gooding (Whig); January 28 referred to a select committee of five with the following proposed amendments: (1) to strike out that part of the bill which relates to vote by ballot and insert by a viva voce vote. (2) Amend section 3 of the bill to read: "That the inspectors of elections, at the time of voting for county and State officers, shall distinctly put to every voter the question, 'Are you in favor of or against the call of a convention to amend the constitution of the State'". (3) Supplement section 4 by the addition of the following: "Provided, That nothing herein contained shall authorize the next General Assembly to provide for the calling of a convention, unless a majority of all the votes cast at such election shall be in favor of such convention." February 8, the select committee reported a substitute bill which was concurred in by the House on February 10 and advanced to engrossment by a vote of 45-39. The bill passed the House on February 15 by a vote of 3934. (33 Democrats and 6 Whigs in favor of passage, 33 Whigs and 1 Democrat opposed.) Proposed amendments to strike out that portion of the bill which required the voters to vote viva voce and to insert the following as sec

On