shall be signed by the Governor, sealed with the State Seal, and attested by the Secretary of State.97

Section 7. No county shall be reduced to an area less than four hundred square miles; nor shall any county, under that area, be further reduced.98

97. Reported by Committee on the Executive Department on November 1, as follows:

Sec. 25. All commissions shall be in the name and by the authority of the State of Indiana, and sealed with the State seal and signed by the Governor, and attested by the Secretary of State (p. 180). Engrossed for third reading without amendment (p. 551). Passed on December 30, without vote (p. 563). Reported by the Committee on Revision on February 8 (p. 976).

98. Reported by Committee on County and Township Organization on October 29, as follows:

Sec. 4. The General Assembly shall reduce no county to a less content than four hundred square miles (p. 151). On the grounds that this resolution was anti-republican and a legislative matter, a minority of the committee dissented and submitted the following resolution: We would therefore most respectfully recommend to the Convention so to amend the report of the majority That a majority of all the voters of the county or counties of which a proposed new county is to be made, must first be had before any new county can be made'' (p. 151). Engrossed for third reading as follows:

Sec. 4. The General Assembly shall reduce no county to a less content than four hundred square miles, nor shall any county under four hundred square miles be reduced below its present area (pp. 317-18).

Recommitted on third reading by a vote of 67-49 with instructions to amend to read as follows:

Sec. 4. The General Assembly shall reduce no county to a less content than four hundred square miles nor shall any county under four hundred square miles be reduced below its present area, except in the following case, to-wit: where the voters of two or more counties are desirous of forming a new county and after laying off the same by metes and bounds, and giving their approbation to it by a vote of a clear majority of the votes of cach county separately, in favor of it at some general election (p. 340).

Vote reconsidered the following day, by a vote of 65-61; the Convention refused to recommit the section with instructions by a vote of 45-86, and the section was passed by a vote of 91-37, in the form in which it had been engrossed for third reading, and was referred to the Committee on Revisions (p. 345). Reported by the Committee on Revision on February 10 (p. 984).

Amendments proposed and rejected: (1) authorizing the General Assembly to alter county boundaries whenever the public good may require it, rejected by 35-75; (2) fixing the area of new counties at 300 square miles or more; no county to be reduced to less than 400 square miles in forming new counties without the consent of a majority of the voters, rejected by 29-82; (3) prohibiting the reduction of the population of any county by division of territory below the representative ratio, rejected by 29-82; (4) prohibiting the creation of new counties with less than 300 square miles; (5) prohibiting the further reduction of any county having an area less than 400 square miles; (6) no county to contain over 400 square miles, the excess, on adjustment, to be attached to contiguous small counties; (7) no county to be reduced below 400 square miles in forming a new county, unless by a majority vote of the qualified electors, rejected by 29-73; (8) to strike out the entire section, rejected by 27-81; (9) prohibiting the reduction of an existing county below 300 square miles, or any new county below 200 square miles, and in all cases on petition of a majority of the legal voters; (10) prohibiting the reduction of any existing county except on petition of a majority of the legal voters, specifying the extent and purposes of the reduction; (11) to re-incorporate the provisions of the old Constitution; (12) authorizing the legislature to make such alterations in counties as may be demanded by public convenience.

Section 8. No lottery shall be authorized; nor shall the sale of lottery tickets be allowed.99

Section 9. The following grounds owned by the State in Indianapolis, namely: the State House Square, the Governor's Circle, and so much of out-lot numbered one hundred and fortyseven, as lies north of the arm of the Central Canal, shall not be sold or leased.1

Section 10. It shall be the duty of the General Assembly, to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground.2

ARTICLE 16.

AMENDMENTS.

Section 1. Any amendment or amendments to this Constitution, may be proposed in either branch of the General Assembly; and, if the same shall be agreed to by a majority of the members

99.

Proposed as an additional section by Mr. Helmer on December 23, adopted and advanced to engrossment.

Sec. 42. No laws authorizing or sanctioning the establishment of lotteries shall ever be passed (p. 516). Passed on December 24 without vote (p. 521). Reported

by the Committee on Revision on February 8 (p. 979).

1. See Note 2.

2. Reported by the Committee on Public Institutions on January 31, as follows: Section 1. It shall be the duty of the General Assembly to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground (p. 855). Engrossed as follows:

Section 1. It shall be the duty of the General Assembly to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground. The General Assembly shall have no power to sell, or otherwise dispose of the public grounds in Indianapolis, known as the Governor's Circle and State-House Square (p. 882). Recommitted to a select committee with instructions to amend as follows:

Section 1. It shall be the duty of the General Assembly to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground. The General Assembly shall have no power to sell, or otherwise dispose of the public grounds in Indianapolis, known as the Governor's Circle and State-House Square. The General Assembly shall not have power to pass any law to sell or divert from the use of the public, so much of the public ground now belonging to the State, in Out Lot numbered one hundred and forty-seven as lies north of the arm of the Central Canal, running east and west (p. 890). Reported back to the Convention amended as follows:

Section 1. It shall be the duty of the General Assembly to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground.

The General Assembly shall have no power to sell or otherwise dispose of the public grounds in Indianapolis, known'as the Governor's Circle and State House Square.

Sec. 2. The General Assembly shall not have power to sell or dispose of the grounds now owned by the State, lying north of the arm of the northern division of the Central Canal and west of West street, in the city of Indianapolis, being part of Out Lot numbered one hundred and forty-seven (p. 898). Passed on February 4 without vote (p. 898).

The following proposed amendment was rejected: as that the legislature shall be authorized to sell the Governor's Circle, and also Lot 147, known as the Parade Ground, for the best price that can be obtained, and appropriate the proceeds to the use of common schools in the several counties in this State.

elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their journals, and referred to the General Assembly to be chosen at the next general election; and if, in the General Assembly so next chosen, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the General Assembly to submit such amendment or amendments to the electors of the State; and if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this Constitution.

Section 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner, that the electors shall vote for or against each of such amendments separately; and while an amendment or amendments, which shall have been agreed upon by one General Assembly, shall be awaiting the action of a succeeding General Assembly, or of the electors, no additional amendment or amendments shall be proposed.3

3. Reported by the Committee on Future Amendments on January 16, as follows:

Section 1. Whenever two-thirds of all the members elected to each branch of the General Assembly shall think it necessary to call a Convention to alter or amend this Constitution, they shall recommend to the electors at the next election of members of the General Assembly, to vote for or against a Convention; and if it shall appear that a majority of all the electors of the State voting for representatives have voted for a Convention, the General Assembly shall, at its next session, call a Convention for the purpose of revising, altering or amending this Constitution.

Sec. 2. Any amendment or amendments to this Constitution may be proposed in either branch of the General Assembly, and if the same shall be agreed to by twothirds of all the members elected in each of the two houses, such proposed amendment or amendments shall be referred to the next regular session of the General Assembly, and shall be published at least three months previous to the time of holding the next election for members of the House of Representatives; and if at the next regular session of the General Assembly after said election, a majority of all the members elected in each branch of the General Assembly shall agree to said amendment or amendments, then it shall be their duty to submit the same to the people at the next general election for their adoption or rejection in such manner as may be prescribed by law; and if a majority of all the electors voting at said election for members of the House of Representatives shall vote for such amendment or amendments, the same shall become a part of the Constitution. If two or more amendments be submitted at the same time, they shall be submitted in such manner that the people shall vote for or against each of such amendments separately, and while an amendment or amendments which has been agreed upon by one General Assembly is awaiting the action of a succeeding Assembly, or undergoing the final consideration of the people, no additional amendment or amendments shall be proposed (p. 693). Reported Section 1 was laid on the table on second reading by a vote of 66-55 (pp. 830-31). Reported Section 2 was engrossed as follows by a vote of 78-48.

Sec. 2. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by a majority of the members elected to each of the two Houses, such proposed amendment or amendments shall be entered on their journals, with the ayes and noes taken thereon, and referred to the legislature to be chosen at the next general election, and if in the legislature so next chosen, such proposed amendment or amendments shall be agreed

to by a majority of all the members elected to each House, then it shall be the duty of the legislature to submit such amendment or amendments to the qualified electors of the State; and if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this Constitution (p. 832). Passed on January 30 by a vote of 77-45 (p. 839). The following additional section was proposed by Mr. Ritchey on January 30, adopted and ordered engrossed:

Sec. 5. If two or more amendments be submitted at the same time, they shall be submitted in such manner that the people shall vote for or against each of such amendments separately; and while an amendment or amendments which has been agreed upon by one General Assembly is awaiting the action of a succeeding General Assembly, or undergoing the final consideration of the people, no additional amendment or amendments shall be proposed (p. 841). Passed on January 31 by a vote of 100-24 (p. 856). Reported by the Committee on Revision on February 7 and concurred in (p. 975). Proposed as a substitute for reported Section 1 and laid on the table.

Section 1. Every sixteenth year after this Constitution shall have taken effect, at the general election, held for Governor, there shall be a poll opened in which the qualified electors of the State shall express by vote, whether they are in favor of calling a Convention or not; and if there should be a majority of all the votes given at such election, the Governor shall inform the next General Assembly thereof, whose duty it shall be to provide by law for the election of the members to the Convention, the number thereof, and the time and place of their meeting; and which Convention, when met, shall have it in their power to revise, amend or change the Constitution (p. 830). Proposed substitutes for reported Section 2:

The General Assembly may, at its first session after six years from the adoption of this Constitution, and every tenth year thereafter, by a vote of three-fifths of each branch thereof, recommend to the electors of this State, any alteration or amendment to this Constitution, and provide for submitting any such alteration or amendment to a vote of such electors, and if a majority of such electors shall vote in favor of such alteration or amendment then the same shall be adopted and form a part of this Constitution (p. 832). Rejected.

Sec.

No amendment shall be made to this Constitution, unless the same shall be called for and approved of by a majority of all the voters of this State. Rejected by a vote of 27-93 (p. 837). Proposed as a suppplemental provision: And once in every twelve years after the adoption of this Constitution the General Assembly may pass an act for the call of a Convention, and if the next General Assembly shall, by a majority vote, adopt the said act, it shall then provide by law for the opening of a poll, in which the qualified electors of the State shall express by vote, whether they are in favor of calling a Convention or not, and if a majority of all the votes given at such election be in favor of calling a Convention, then such Convention shall be called, which Convention shall have the power to revise, amend, or change the Constitution; but no amendment shall be proposed or made, nor shall a Convention be called, otherwise than as in this article expressly provided. Rejected by a vote of 12-109 (p. 837). Proposed additional sections:

Sec. 3. It may be left to a vote of the people at any time after the year 1855, to change the meetings of the legislature, from biennial to annual sessions, in this form, annual sessions,'' yea" or "nay'' and if a majority of the voters vote ''yea,' the sessions of the legislature shall thereafter be annual. Laid on the table (p. 831).

Sec. 4. This article shall be submitted to a separate vote of the people, and may be adopted independent of any other part of this Constitution; and in case the voters of Indiana shall, upon such separate vote, adopt this article and reject the remainder of this Constitution, then, and in that case, all the provisions of this article shall apply with full force in every particular, to the now existing Constitution of the State of Indiana, and the same may be thereafter amended as in this article provided for amending this Constitution. Laid on the table by a vote of 100-23 (pp. 833, 40).

Sec..6. Every tenth year after the adoption of this Constitution, at the general election held therein, there shall be a poll opened in which the qualified electors of the State shall express by vote whether they are in favor of calling a Convention or not; and if there should be a majority of all the votes given at such election in favor of a Convention, the Governor shall inform the next General Assembly thereof, whose duty it shall be to provide by law for the election of the delegates to the Convention, the number thereof, which shall not exceed one from every senatorial district into which the State is at the time divided, and the time and place of their meeting, which Conven

24-5055

SCHEDULE.

This Constitution, if adopted, shall take effect on the first day of November, in the year one thousand eight hundred and fifty one, and shall supersede the Constitution adopted in the year one thousand eight hundred and sixteen. That no inconvenience may arise from the change in the government, it is hereby ordained as follows:

First. All laws now in force, and not inconsistent with this Constitution, shall remain in force, until they expire or be repealed.

Second. All indictments, prosecutions, suits, pleas, plaints, and other proceedings, pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, and injunctions, shall be carried on in the several courts, in the same manner as is now provided by law."

tion, when met, shall have power to revise, amend, or change the Constitution. Laid on the table by a vote of 82-37 (p. 841).

Sec. 7. Whenever any amendment is made to this Constitution, in accordance to the provisions of this article, it shall be the duty of the General Assembly to order the whole Constitution as amended to be published with the statutes passed at the session when such amendment or amendments are adopted. Laid on the table (p. 842). 4. The following section was submitted by Mr. Bright on February 7.

3d. This Constitution, if adopted, shall go into effect on the first day of November, 1851 (p. 948). Read a second time and referred to a select committee of three; reported back without amendment; engrossed; passed, under suspension of the rules, by a vote of 83-25 (p. 951).

The following sections were reported by the Committee on Miscellaneous Provisions on February 1.

Section 1. The Constitution adopted in the year 1816 is hereby declared to be superseded by this Constitution.

Sec. 2. Local courts, established in any city, town, or county (including the courts of common pleas in the counties of Marion and Tippecanoe), shall continue with their present powers and jurisdiction, until otherwise directed by law (p. 866). Section 2 was laid on the table on second reading. Section 1 was engrossed without amendment (p. 891.) Passed without vote on February 4 (p. 899). Reported by the Committee on Revision on February 8, consolidated to constitute the first part of the introductory paragraph of the schedule as adopted (p. 977).

5. Reported by the Committee on Miscellaneous Provisions on January 21, as follows:

Section 1. That no inconvenience may arise from the change in the Constitution of this State, and in order to carry the same into complete operation, it is hereby declared and ordained, that,

Sec. 2. All laws and parts of laws now in force, and not inconsistent with this Constitution, shall continue and remain in full force until they expire or are repealed.

Sec. 4. All writs, actions, causes of actions, prosecutions, contracts, claims, and rights of individuals, bodies corporate, and of the State shall continue, and all indictments which shall have been found, or which may hereafter be found, for any crime or offence committed before the adoption of this Constitution, may be proceeded upon as if no change had taken place in the organic law of this State (p. 733). Engrossed