side for the time being, or the Convention may resolve itself into a quasi committee of the whole, during which the President shall continue to occupy the chair. Rule. No proposition to amend any such printed section shall be considered or adopted in Convention, unless by unanimous consent, until after it has been submitted and discussed in committee of the whole, or in such quasi committee, or unless one day's notice thereof shall have been given in Convention. Rule -. Sections after having been amended materially and such as may be adopted in addition to such printed sections by the way of amendment, shall be printed as amended before being read the third time and finally passed. Rule. After the business is disposed of, and previously to taking up the orders of the day, one hour is appropriated for the introduction of resolutions, and for that purpose the names of the members shall be called as they stand upon the list; and upon the presentation of any resolution, if opposition is made, no discussion shall be then had, but the same shall lie over until the next day. Rule. No member shall be heard in debate or be allowed to vote except from his desk. Rule -. No member shall be allowed to speak more than fifteen minutes, except upon original propositions or upon leave granted. 7. In accordance with notice previously given, the following proposed amendment to the rules was submitted: "Amendments may be made by adding sections to any report of any standing committee after the Convention shall have gone through the consideration of such report, and not while the Convention shall be considering such report.' An attempt to amend by striking out the words "and not while the Convention shall be considering such report", and by adding that "no proposition on the engrossment having been voted down shall be offered or entertained as instruction to the same section on the third reading', was rejected. The original proposed amendment seems to have been laid on the table (pp. 551-52). 8. A proposed amendment "That hereafter the Convention meet in the morning at half-past eight o'clock instead of nine", was indefinitely postponed after two subsidiary amendments providing that this Convention will hold a night session" and "will not in future adjourn for dinner'', were adopted January 4 and 11 (pp. 605, 643-44). 9. A proposition to amend the rules to provide that "No delegate shall be allowed to change his vote or to record the same after the roll shall have been called', was rejected. January 24 and 31 (pp. 777, 859). 10. The following proposition was submitted but not adopted: "In all cases where members leave their seats and roam and swagger about the Hall, or hold loud conversations to the annoyance of others, the President shall call upon such members by name. to take their seats, or be silent, and the secretary shall enter the name of such member or members upon the journal, with the cause of the call." January 24 (p. 777). 11. "That the failure of a motion to reconsider any vote on a section heretofore passed, shall not prevent a motion to instruct the Committee on Revision in regard to the same section." No further action after introduction (p. 783). 12. Reports made by the Committee on Revision, arrangement, and phraseology, may, if a majority so direct, be considered by sections, so that the question of concurrence may be taken on each amended section separately. Not further considered (p. 882). 140. Resolutions Submitted to the Convention of 1850 by Delegates. As soon as the Convention was organized, the delegates began to submit resolutions embodying provisions which they or their constituents desired to have incorporated in the new Constitution. The first of these resolutions was submitted on October 9, the third day of the Convention; the last on January 29, only two weeks before final adjournment. All told, 333 such resolutions were proposed. Such proposed resolutions were acted upon by the Convention, and either adopted or rejected; if adopted, they were submitted to the appropriate committee for consideration. No attempt has been made, except in important instances, to record the action of the Convention on these proposals, and they are here arranged under convenient headings to indicate the raw material out of which the Constitution was constructed. [Convention Journal.]12 (a) RIGHTS AND PRIVILEGES OF CITIZENS. 1. Property Rights of Married Women-Resolved, That women hereafter married in this State shall have the right to acquire and possess property, to their sole use and disposal; and that laws shall be passed, securing to them, under equitable conditions, all propery, real and personal, whether owned by them before marriage, or acquired afterwards, by purchase, gift, devise or descent, 12. Citations are to page numbers of the Convention Journal. and also providing for the registration of the wife's separate property. Owen (p. 30). 2. White Females' Right of Petition-Resolved, That a provision be incorporated in the Constitution of the State of Indiana to instruct our representatives to provide by law the right of petition to all white females of the age of eighteen and upwards to the Indiana Legislature for such laws as will tend to protect their best interest and that of their posterity. Steele (p. 48). 3. Prohibiting Taking Property Without Consent and Compensation-Resolved, That the Committee on the Rights and Privileges of the inhabitants of this State be instructed to inquire into the expediency of placing in the bill of rights a provision prohibiting the legislature of the State from the enacting of laws authorizing incorporated companies taking the property of any person without his or her consent, and without a just compensation therefor, to be paid before the using of it. Shoup (p. 61). 4. Prohibiting Taking Property or Services Without Consent or Compensation-Resolved, That the Committee on the Rights and Privileges of the inhabitants of this State, inquire into the expediency of adopting as a constitutional provision, that no man's particular services shall be demanded or property taken or applied to public use without the consent of his representatives, or without a just compensation being first made therefor. Terry (p. 64). 5. Prohibiting Imprisonment For Debt-Resolved, That the Committee on the Rights and Privileges of the inhabitants of this State be instructed to inquire into the propriety of incorporating a section in the bill of rights prohibiting imprisonment for debt in any case whatever. Milligan (p. 66). 6. Homestead Exemptions-Resolved, That the Committee on Rights and Privileges be instructed to inquire into the expediency of securing, by a declaration in the bill of rights, to the head of each family in the State of Indiana, a reasonable homestead exemption. Hawkins (p. 67). 7. Preservation of Legal Rights to Women Entering into Married State-Resolved, That it be referred to the Committee on the Rights and Privileges of the inhabitants of this State, to enquire into the expediency of adding another section to our present bill of rights, to read as follows: Women who may enter into the married state from and after the ratification of this constitution by the people, shall not lose or forfeit any legal rights by said marriage. Milroy (p. 70). 8. Unassailable Land Titles-Resolved, That in our amended Constitution we will provide that when any person or persons shall have any real estate in this State, either by legal or equitable title for the term of▬▬▬ years from the adoption of this Constitution on which the taxes have been paid, and all disability of minors removed, that such title shall be recognized by all the coruts as the paramount title, and good against the world, and the rest of mankind. Wolfe (p. 73).13 9. Unrestricted Possession, Inheritance and Alienation of Property of Married Women-Resolved, That there be incorporated in the Constitution the principle, that the real and personal escate of every female acquired before marriage, and all property to which she may afterwards become entitled by gift, grant, inheritance or devise, shall be and remain the separate estate and property of such female, and shall not be liable for the debts, obligations, or engagements of her husband; and may be aliened, devised, or bequeathed by her as if she were unmarried. Borden (p. 77). 10. Guaranteeing Right of Trial by Jury in all Cases-Resolved, That the Committee on the Rights and Privileges of the inhabitants of this State be instructed to inquire into the expediency of so amending section five, of the first article of the Constitution, as to guarantee to the inhabitants of this State their right. to a trial by jury in all civil and criminal cases whatever, whatever may be the amount in controversy, or the nature of the offense. May (p. 80). 11. Guaranteeing Right of Trial by Jury in all Cases-Resolved, That the Committee on the Rights and Privileges of the inhabitants of this State be instructed to inquire into the expediency of so amending the 5th section of the 1st article of the Constitution, that in all cases, both civil and criminal, the right of trial by jury shall remain inviolate. Kelso (p. 90). 12. Right of Married Women to Acquire, Possess and Alienate Property, Separate Registration-Resolved, That the Committee on Rights and Privileges of the inhabitants of the State inquire into the expediency of incorporating in the bill of rights, the following section: Women hereafter married in this State, shall have the right to acquire and possess property, to their sole use and disposal; and laws shall be passed, securing to them, under equitable conditions, all property, real and personal, whether owned by them before marriage, or acquired afterwards, by pur 13. The words and the rest of mankind,'' at the end of the resolution, were proposed by Mr. Edmonston and adopted by the Convention. chase, gift, devise, or descent, and also providing for the registration of the wife's separate property. Owen (p. 101).14 13. Reducing Constitutional Area of Counties to Three Hundred Square Miles-Resolved, That the Committee on County and Township Organization be instructed to inquire into the expediency of amending the 12th section of the 11th article of our present State Constitution as follows: Strike out four hundred where it occurs and insert three hundred. Huff (p. 119). 14. Disposition of Estates of Minor Heirs During Non-AgeResolved, That the Committee on Rights and Privileges, etc., be instructed to inquire into the expediency of providing in the Constitution that no act of the legislature shall dispose of the estate of minor heirs during their minority. Prather (p. 120). 15. Religious Freedom, Irregular Moral Practices-Resolved, That Committee No. 1 be directed to inquire into the expediency of incorporating the following section in article 1 of the Constitution, to-wit: That the free exercise and enjoyment of religious opinions and worship without discrimination or preference, shall always be allowed in this State to all mankind, and no person shall be rendered incompetent to be a witness on account of his opinions or religious belief; but that liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of this State. Wiley (p. 120). 16. Competency of Witnesses because of Religious BeliefsResolved, That the Committee on the Rights and Privileges of the inhabitants of the State be instructed to report to this Convention on the expediency of incorporating into the Constitution the third section of the first article of the existing Constitution with the following amendment, viz.: and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief. Haddon (p. 121). 17. Prohibiting Reduction of Area of Organized Counties below Four Hundred Square Miles-Resolved, That the Committee on County and Township Organization, powers, and officers, be instructed to report a section for the new Constitution in lieu of section 12, article 11, of the present Constitution, expressly pro 14. As originally proposed, the resolution contained the word "hereafter'' after the word women'', but was stricken out on motion of Mr. Kelso. |