XX. The previous question shall be in this form-"shall the main question be now put?" It shall only be admitted when demanded by three members, and until it is decided, shall preclude all amendment and further debate.

XXI. In taking the sense of the convention, a majority of the votes of the members present shall govern.

XXII. No resolution, section or article, in the constitution, shall be finally concluded and agreed upon until the same shall have been read on three several days, unless a majority of twothirds may think it necessary to dispense with this rule, which vote shall be decided without debate.

XXIII. The convention shall resolve itself into a committee of the whole when deemed necessary, and when in committee of the whole shall be governed by the foregoing rules, except that in committee of the whole any member may speak as often as he may think proper.

XXIV. The president shall appoint committees liable to addition or amendment on the motion of any member, unless otherwise directed by the convention.

XXV. A motion to adjourn shall always be in order, and be decided without debate.

XXVI. On all questions when the yeas and nays are demanded, the president shall vote.

XXVII. The president may at any time leave the chair, and nominate some member to take the chair, who shall preside during the absence of the president.

45.

Ordinance Accepting Propositions Enumerated in Enabling
Act (June 27, 1816).

By the terms of the Enabling Act of April 19, 1816, Congress submitted two important propositions to the convention, an approval of which was indispensable to the formation of an acceptable constitution and state government. The first of these propositions related to the ratification of the state boundaries, and the second to the exemption of public lands from taxation for a period of five years from and after December 1, 1816. The boundaries of the proposed State of Indiana were described in the Enabling Act, and the convention was required to ratify these prescribed boundaries, or failing to do so, the boundaries were to remain "as now prescribed by the ordinance for the government of the territory northwest of the river Ohio." The second proposition was submitted to the convention for its free acceptance or rejection. Five subordinate propositions, however, depended on the concession by the State to exempt public lands from taxation as prescribed by Congress. These five subsidiary propositions were advantageous to the State and included the following important reservations: (1) reserving section sixteen in each township for the use of the common schools;

(2) reserving all salt springs and lands appurtenant thereto, not exceeding thirty-six entire sections, to the use of the State; (3) reserving five per cent of the net proceeds of lands sold after December 1, 1816, for the construction of public roads and canals, three-fifths of all revenue so realized to be applied to the construction of intra-state roads and canals, under the direction of the State legislature, and two-fifths of such revenue to be applied to the construction of inter-state roads and canals, under the direction of Congress; (4) reserving one entire township for the support of a seminary of learning; and (5) reserving four sections of land for a seat of government of the new State. After mature consideration, the convention accepted all of these propositions without reservation. On June 21, the following resolution, after consideration by the committee of the whole, was adopted, without amendment, by a vote of 37-4.

[Convention Journal, 44.]

Resolved, That a committee be appointed to prepare and report a resolution, accepting the propositions of Congress, as expressed in their act of the 19th April, 1816, both as regards the boundaries of the State and the donations.

On June 22, the President of the Convention appointed as this committee, James Dill, William H. Eads, Solomon Manwaring, Daniel C. Lane and James Smith, who reported a resolution the same day. This resolution was adopted, without amendment, by a vote of 36-5.

[Original Ordinance.]

Be it ordained by the Representatives of the people of the Territory of Indiana, in convention met at Corydon, on Monday the tenth day of June, in the year of our Lord eighteen hundred and sixteen: That we do, for ourselves and our posterity, agree, determine, declare, and ordain; that we will, and do hereby, accept the propositions of the Congress of the United States, as made and contained in their act of the nineteenth day of April eighteen hundred and sixteen, Entitled "an act to enable the people of the Indiana Territory to form a State Government, and constitution, and for the admission of such state into the union, on an equal footing with the original States.''

And we do, further for ourselves and our posterity, hereby ratify, confirm, and establish the boundaries of the said State of Indiana as fixed prescribed, laid down, and established in the act of Congress aforesaid; and we do also further for ourselves and our posterity, hereby agree, determine, declare and ordain; That each and every tract of land sold by the united States, lying within the said state and which shall be sold, from and after the first day of December next, shall be and remain exempt from any tax, laid by order or under any authority of the said State of In

diana, or by, or under the authority of the General Assembly thereof; whether for State County or Township, or any other purpose whatever, for the term of five years from and after the day of sale of any such tract of land; and we do moreover for ourselves, and our posterity, hereby declare and ordain that, this ordinance and every part thereof shall forever be, and remain irrevocable and inviolate without the consent of the united States in Congress assembled, first had and obtained for the alteration thereof, or any part thereof.

June 29th, 1816-Attest.
William Hendricks, Secretary.

JONATHAN JENNINGS, President of the Convention.

46. The Constitution of 1816 (June 29).

Pursuant to a series of twelve resolutions submitted for the consideration of and adopted by the Convention on June 12, 1816, committees were appointed by the President to prepare and report to the Convention, articles on the following subjects: A bill of rights and preamble; the distribution of the powers of government; the legislative department; the executive department; the judicial department; impeachments; general provisions not properly comprehended in any other article; the mode of revising the constitution; the change of government, preservation of existing laws, and appeals from territorial to State courts; education; militia; the elective franchise and elections. The members of these committees were appointed the same day. On June 13, a resolution was adopted providing for the appointment of a committee to prepare and report an article relative to prisons, which was appointed the same day. On June 13, the committee relative to impeachments was discharged from any further attention to the subject. On June 14, the Committee on Prisons was discharged from further consideration of the subject. On June 19, a resolution was adopted providing for the creation of a Committee on Banks and Banking Companies and another relative to the appointment of sheriffs, coroners, and other county officers. The Banking Committee was appointed on June 20. The several articles as submitted by these committees, the amendments and additions made thereto on the floor of the Convention and in committee of the whole, and the Constitution as finally adopted, with the verbal and other changes recommended by the Committee on Revisions are here set forth.

[Original Constitution.]

PREAMBLE.1

We the Representatives of the people of the Territory of In

1. Reported by Committee on Bill of Rights and Preamble on June 14. Considered in committee of the whole on June 19, amended and ordered engrossed. Read second time on June 21 and 22, and amended. Reported back to the convention on June 25 by the Committee on Revisions, and ordered engrossed for third reading. Read a third time and passed on June 27.

diana, in Convention met, at Corydon, on monday the tenth day of June in the year of our Lord eighteen hundred and sixteen, and of the Independence of the United States, the fortieth, having the right of admission into the General Government, as a member of the union, consistent with the constitution of the United States, the ordinance of Congress of one thousand [thousand] seven hundred and eighty seven, and the law of Congress, entitled "An act to enable the people of the Indiana Territory to form a Constitution and State Government, and for the admission of such state into the union, on an equal footing with the original States" in order to establish Justice, promote the welfare, and secure the blessings of liberty to ourselves and our posterity; do ordain and establish the following consititution or form of Government, and do mutually agree with each other to form ourselves into a free and Independent state, by the name of the State of Indiana.2

ARTICLE I.

Sect. 1st. That the general, great and essential principles of liberty and free Government may be recognized and unalterably established; WE declare, That all men are born equally free and independent, and have certain natural, inherent, and unalienable rights; among which are the enjoying and defending life and liberty, and of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety.

Sect. 2. That all power is inherent in the people; and all free Governments are founded on their authority, and instituted for their peace, safety and happiness. For the advancement of these ends, they have at all times an unalienable and indefeasible right to alter or reform their Government in such manner as they may think proper. Sect. 3. That all men have a natural and indefeasible right to worship Almighty God, according to the dictates of their own con

2. Reported by committee as follows:

Done in convention, begun and held at Corydon, on Monday the 10th day of June, A.D. 1816, and of the independence of the United States, the fortieth: We the people of the territory of Indiana, having the right of admission into the general government as a member of the Union, consistent with the constitution of the United States, the ordinance of congress of one thousand seven hundred and eighty-seven, and the law of congress entitled an act to enable the people of the Indiana territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states, and for other purposes, in order to establish justice, promote the welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent state, by the name of the state of (Conv. J., p. 24).

No subsequent amendments are recorded.

sciences: That no man shall be compelled to attend, erect, or support any place of Worship, or to maintain any ministry against his consent: That no human authority can, in any case whatever, control or interfere with the rights of conscience: And that no preference shall ever be given by law to any religious societies, or modes of worship; and no religious test shall be required as a qualification to any office of trust or profit.

Sect. 4. That elections shall be free and equal.3

Sect. 5. That in all civil cases, when the value in controversy shall exceed the sum of twenty dollars, and in all criminal cases, except in petit misdemeanors which shall be punished by fine only, not exceeding three dollars, in such manner as the Legislature may prescribe by law; the right of trial by Jury shall remain inviolate.*

3. Sections 1, 2, 3 and 4 were reported by the committee as follows and the amendments made thereto are not recorded in the Journal.

Section 1. That the general, great and essential principles of liberty and free government may be recognized and unalterably established, WE DECLARE, That all men are born equally free and independent, and have certain natural, inherent and unalienable rights, among which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.

Sec. 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness. For the advancement of these ends, they have at all times an unalienable and indefeasible right to alter or reform their government in such manner as they may think proper. Sec. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences: That no man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent: That no human authority ought in any case whatever to control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious societies or modes of worship, and no religious test shall be required as a qualification to any office of trust or profit.

Sec. 4.

That elections shall be free and equal. (Conv. J., pp. 24-5). 4. Reported by committee as follows:

Sec. 5. That the right of trial by jury shall remain inviolate. (Conv. J., p. 25). Amended prior to June 21, to read as follows:

Sec. 5. That in all civil cases, where the sum in controversy shall exceed the sum of twen y dollars the right of trial by jury shall remain involate.

Amended on June 21, by a vote of 27-13, to read as follows:

Sec. 5. That in all civil cases, where the value in controversy shall exceed the sum of twenty dollars, except in petty misdemeanors, which shall be punished by fine only, not exceeding five dollars, in such manner as the legislature may prescribe by law, reserving to the party charged, the right of appeal to the circuitc ourt, the right of trial by jury shall remain inviolate. (Conv. J., p. 44).

On June 22, the vote by which this amendment was adopted was reconsidered. The words. reserving to the party charged the right of appeal to the circuit court,' were stricken out by a vote of 25-14. The section as thus amended was then adopted by a vote of 15-14. Later, the word 'five'' was stricken out and the word "three'' inserted by a vote of 28-13. As thus amended, section 5 read as follows:

Sec. 5. That in all civil cases, where the value in controversy shall exceed the sum of twenty dollars, except in petty misdemeanors, which shall be punished by fine only, not exceeding three dollars, in such manner as the legislature may prescribe by law, the right of trial by jury shall remain in violate.

An attempt to strike out the whole of the fifth section and insert, The right of trial by jury shall remain inviolate, was lost by a vote of 29-12. (Conv. J., pp.

48-9).

No further amendments are recorded.