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after their election: Provided, That the first meeting of the General Assembly after the adoption of this amendment, that senators shall be divided by lot into three equal classes as nearly as may be, and the seats of senators of the first class shall be vacated at the expiration of one year, those of the second class at the expiration of two years, and those of the third class at the expiration of three years; and in case of increase in the number of senators, they shall be so annexed by lot, to one of the three classes, as to keep them as nearly equal as possible.

Later the same day this proposed section was agreed to, but there was apparently no further action on the bill.

[House Journal, Thirty-ninth Session, 250.]

No. 123. A bill to amend the third and ninth Sections of the fourth Article of the Constitution of the State of Indiana.

168.

Residence Suffrage Qualifications of One Year (February 6, 1857).

On January 13, that part of the Governor's message relating to illegal voting was referred to the Committee on Rights and Privileges, consisting of four Democrats and three Republicans. On February 6, this committee reported a bill. On February 12, the bill was referred to the Judiciary Committee; on February 17, the committee reported favorably on the bill and recommended its passage; and on February 26 the bill passed the House by a vote of 68-18. Apparently, this bill prescribed a year's residence in the State before the right of suffrage was acquired. On March 3, when the bill was under consideration in the Senate, Mr. John Yargan, a Republican, moved to amend the bill to require a residence of five years before voting. Apparently the measure was considered no further.

[House Journal, Thirty-ninth Session, 424.]

House bill No. 175. A bill to amend the second Section of Article 2 of the Constitution of the State of Indiana.

169. Number of Senators and Representatives (February 9, 1857). On February 9, a resolution was introduced in the Senate fixing the number of senators at 33 and the number of representatives at 66; this resolution was adopted on February 19 by a vote of 23-18.

[Senate Journal, Thirty-ninth Session, 314.]

WHEREAS, It is the duty of the General Assembly of Indiana to do all in its power, consistent with sound policy and right, to lighten the burthen of taxation; AND WHEREAS, The General

Assembly as now composed by law, consists of 150 members; AND WHEREAS, A less number would do the business of legislation. with more dispatch equally as well, and perhaps better; therefore,

Resolved, That it is the sense of the Senate that the number of representatives to the House should be reduced to sixty-six and of the Senate to thirty-three.

170. Residential Suffrage Qualifications (February 9, 1857).

Introduced in the Senate on February 9, by Mr. P. S. Sage, an American.

[Senate Journal, Thirty-ninth Session, 315.]

Senate joint resolution No. 4. A joint resolution concerning Section 2 of Article 2 of the Constitution of the State of Indiana.

On February 13, this resolution was referred to a select committee of three, one Democrat, one Republican and one American. On February 24, a majority of the committee reported the following substitute.

[Senate Journal, Thirty-ninth Session, 529.]

In all elections not otherwise provided for in this constitution, every white male citizen of the United States, of the age of twentyone years and upwards, who shall have resided in this State six months immediately preceding such election, shall be entitled to. vote in the township or precinct where he shall have resided. thirty days immediately preceding such election.

The minority report, submitted by the Democratic member, was not made until March 5, and probably represents the Democratic sentiment on the question.

[Senate Journal, Thirty-ninth Session, 669.]

A minority of the select committee to whom was referred Senate joint resolution No. 4, dissenting from the conclusions of the majority, beg leave to submit the following report:

The undersigned believes that inasmuch as our Constitution was adopted by so large a majority of the voters of Indiana, that it would now be inexpedient to change the same, especially as no petitions have been presented to the General Assembly praying such change as is now proposed.

Another reason why the undersigned think such proposed change should not be adopted is, that now a large number of foreign born persons now residing in this State, and now having

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and exercising the right of suffrage under the present Constitution would, by this proposed change, be disfranchised.

The undersigned does not believe that such a course would be either wise, politic, or just, in view of the circumstances, but that on the contrary it would be productive of evil. That it would increase and arouse jealousies between different classes of the inhabitants of this State; therefore, in view of all these facts, the undersigned believes that said joint resolution should not pass. The consideration of the measure was discontinued.

171. Guaranteeing Each County One Representative (February 12, 1857).

Presented by Mr. Andrew J. Neff, a Democrat, on February 12, and rejected at once.

[House Journal, Thirty-ninth Session, 521.]

Resolved, That the Judiciary Committee enquire into the expediency of so amending the Constitution of the State of Indiana, so that each county shall be entitled to one representative in the State legislature, and that the committee report by bill or otherwise.

172.

Platform of Anti-Administration Democrats-Wabash and
Erie Canal (February 23, 1858).

The State convention of the Anti-Administration Democrats was held in Indianapolis on February 23, 1858, and the following resolution relative to the Wabash and Erie Canal was adopted:

[Indiana Daily State Sentinel, February 24, 1858.]

That the Democracy of Indiana are opposed to the retrocession of the Wabash and Erie Canal, as well as to any new arrangement with the bondholders thereof.

173. Republican Platform of 1858–Wabash and Erie Canal (March 4, 1858).

The Republican Party, assembled in convention in Indianapolis on March 4, 1858, adopted the following resolution relative to the bonds of the Wabash and Erie Canal:

[Indianapolis Journal, March 5, 1858.]

That we will always resist the scheme of selfish and un

scrupulous persons, high in power, having for its object the retransfer of the Wabash and Erie Canal from bondholders to the State.

THE SPECIAL SESSION OF 1858 (NOVEMBER 20-DECEMBER 25, 1858).

The special session of 1858 began on November 20, and ended on December 25. It was called to make appropriations for the support of the State institutions which the regular session had failed to do. The Senate consisted of 25 Republicans and 25 Democrats; the House of 51 Republicans and 49 Democrats.

174. Wabash and Erie Canal (November 22, 1858).

Introduced in the House on November 22, 1858.

[House Journal, Special Session, 1858, 21.]

Resolved, That it is hereby declared, that this House is unalterably opposed to purchasing the Wabash and Erie Canal by the State.

The resolution was then amended, by a vote of 99-0, to read as follows:

[House Journal, Special Session, 1858, 23.]

Resolved, That it would be unwise and inexpedient to take back, upon any terms, the Wabash and Erie Canal, or to reassume in any form the debt to satisfy which, it was transferred to the bondholders.

175. Qualifications of Electors (December 1, 1858).

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Introduced by Mr. William H. Gregory, a Republican, on December 1, 1858; on December 2, referred to the Committee on Rights and Privileges.

[House Journal, Special Session, 1858, 83.]

No. 27. A bill to amend the second section of article second of the Constitution of the State of Indiana, so as to confine the qualifications of an elector to every white male citizen of the United States of the age of twenty-one years and upwards, who shall have resided in the State during six months immediately preceding such election, and to vote in the township or precinct wherein he may reside.

On December 13, the committee reported that they considered legislation on this subject unnecessary. The bill was then referred to a select committee

of five, but no further action was had. Revived at the regular session of 1859 (see Document No. 182).

176. Permitting Local Common School Legislation and Repealing the Constitutional Provision relating to State Superintendent (December 8, 1858).

Presented in the House on December 8 by Mr. James O. Parks, a Republican; on December 11, referred to the Committee on Judiciary; no further action. This measure was doubtless inspired by the Supreme Court construction of Section 130 of the School Law of 1850 in Greencastle Township v. Black, 5 Ind. 557. This statutory provision authorized the voters of any township to vote a tax for school purposes "after the public funds shall have been expended" to any amount not exceeding 50c on the $100 and 50c poll. This provision was held to be unconstitutional as a violation of the uniform common school provisions of the Constitution.

[House Journal, Special Session, 1858, 141.]

No. 59. A bill to repeal the thirteenth paragraph of Section 22, of the fourth article of the Constitution of the State of Indiana, and to amend the first section of the eighth article of the Constitution of the State of Indiana, and to repeal Section 8 of the eighth article of the Constitution of the State of Indiana.

177. Special Levy of Taxes for School Purposes (December 8, 1858). Introduced in the House on December 8, by Mr. Charles D. Murray, a Republican.

[House Journal, Special Session, 1858, 140.]

Resolved, That the Committee on Rights and Privileges of the Inhabitants of this State be instructed to inquire into the expediency of reporting amendments to the Constitution, to be submitted to the people, granting to incorporated towns and cities, and to civil townships, the right to levy taxes for school purposes.

The report of the committee was made on December 15, but apparently no further action was taken.

[House Journal, Special Session, 1858, 214.]

The Committee on the Rights and Privileges of the Inhabitants of the State, to whom was referred a resolution instructing them to inquire into the expediency of reporting amendments to the Constitution to be submitted to the people, granting to incorpo

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