joint resolution, proposing the same amendment, is now pending in this House." On February 12, the Committee on Corporations reported favorably on Resolution No. 13, but there was apparently no further action.

[House Journal, Forty-third Session, 135.]

Joint resolution No. 13. A joint resolution proposing an amendment to Article 8 of the Constitution, so as to enable cities, townships and towns to levy taxes for the support of common schools.

Joint resolution No. 14. A joint resolution proposing an amendment to the twenty-third section, Article 4 of the Constitution, so as to provide for laws enabling cities, townships and towns to raise money for the support of common schools.

213. Residential Qualifications of Voters (January 14, 1863).

Introduced by Mr. Walter March on January 14; January 15, referred to the Committee on Education; reported favorably on January 23 and passed by a vote of 35-2 under suspension of the rules. On January 28, after second reading in the House, referred to the Committee on Elections; apparently there was no further action. The resolution comprised in this measure is Document No. 196 supra, and with its defeat all pending propositions were disposed of.

[Senate Journal, Forty-third Session, 70.]

Senate joint resolution No. 2, entitled "A joint resolution proposing an amendment to the second section of article second of the Constitution, so that the legislature may more effectually guard against fraudulent voting." On January 21, Mr. Thomas J. Cason, a Republican, presented a resolution in the House apparently embodying this same proposition; on January 27, it was referred to the Committee on Elections; on January 29, the day after Mr. March's Senate resolution had been referred to them, the committee brought in a divided report; by a vote of 25-61, the House refused to indefinitely postpone the resolution, and it was then referred to the Judiciary Committee. Apparently there was no further action. This resolution is identical with Document No. 196 supra.

[House Journal, Forty-third Session, 134.]

Joint resolution No. 12. A joint resolution proposing an amendment to the second section of article second of the Constitution, so that the legislature may more effectually guard against fraudulent voting.

214.

Submission of Amendments (March 5, 1863).

On March 5, Mr. Walter March, a Republican, introduced a bill in the Senate which was designed, apparently, to provide for the submission of the propositions contained in' the resolutions considered at this session, to the people; under suspension of the rules, the bill was advanced to second reading and referred to a select committee of three, from which, apparently, it never emerged.

[Senate Journal, Forty-third Session, 662.]

Senate bill No. 182, a bill to provide for the submission to the vote of the electors of the State, certain amendments to the Constitution.

215. Extending Right of Suffrage to Soldiers (January 8, 1863).

In 1863, there were a large number of soldiers in the field who by the provisions of the Constitution were deprived of the right of suffrage. On January 8, the first day of the session, the following resolution was introduced in the House.

[House Journal, Forty-third Session, 14.]

WHEREAS, The election law of Indiana requires that every voter shall cast his ballot in the township or precinct in which he may reside, and consequently those brave men who are in the field, battling for the supremacy of the law and the integrity of the Union, are thereby disfranchised, therefore,

Be it resolved, That the Judiciary Committee be directed to inquire into the expediency of reporting a bill so amending said law as to confer upon the Indiana Volunteers, now in the service of the United States, the privilege and right of voting for State and county officers at all elections held therefor, and that they report at the earliest practicable moment.

216. Extending Right of Suffrage to Soldiers (January 12, 1863). On January 12, a similar resolution of inquiry was introduced in the Senate.

[Senate Journal, Forty-third Session, 25.]

Resolved, That the Judiciary Committee be instructed to inquire into the constitutionality of a law providing for the voting of Indiana soldiers, who may be absent from their respective townships, and on duty outside of the State at the time of election.

217. Extending Right of Suffrage to Soldiers (January 16, 1863).

As late as March 7, a petition, signed by the citizens of Noble county, was presented in the House asking for the enactment of a law whereby the "volunteers in the State of Indiana be allowed the exercise of the franchise." On January 16, Mr. Thomas J. Cason, a Republican, introduced a resolution in the House providing for an amendment to the Constitution permitting soldiers to vote. On January 27, referred to the Committee on Elections; on January 29, the committee presented a divided report, and the resolution was referred to the Judiciary Committee; on February 4, the committee

reported the resolution back to the House recommending that it be laid on the table for the reason "that such an amendment would be inexpedient. They further submit that it would be unconstitutional to propose an amendment to the Constitution while there is a proposed amendment to the same pending and undisposed of . . .” By a vote of 42-33, the recommendation of the committee was concurred in.

[House Journal, Forty-third Session, 102.]

Joint resolution No. 9.

In reference to amending the Constitution, so as to allow soldiers of this State to vote at the annual State and county elections.

218. Authorizing Soldiers to Vote (March 7, 1863).

On March 7, Mr. John C. New introduced a bill in the Senate providing for taking the soldier vote; by a vote of 37-1, the rules were suspended and the bill read a second time and referred to the Judiciary Committee; on March 7, the bill was reported back without recommendation for want of time and was laid on the table.

[Senate Journal, Forty-third Session, 568.]

Senate bill No. 174. A bill to provide for taking the vote of officers and soldiers of the volunteer service in the army of the United States, from this State, at all legal elections for civil officers; also, providing for the counting of ballots, and certifying the returns of such elections.

THE FORTY-FOURTH GENERAL ASSEMBLY (1865).

The political composition of the Forty-fourth General Assembly of 1865 was as follows: Senate, 25 Republicans and 25 Democrats; House, 55 Republicans and 45 Democrats. The constitutional measures proposed and considered at this session included amendments enabling soldiers to vote, safeguarding the right of suffrage, providing for viva voce voting, authorizing school corporations to levy supplemental local school taxes, extending full civil and political rights to negroes and mulattoes, acknowledging Almighty God as the ultimate source of all political authority. The question of calling a constitutional convention was also considered, as was also three quasiconstitutional problems relative to the duration of a regular session of the General Assembly, the suspension of the rules and the expediency of depriving electors, who had purposely shirked military duty, of the right of suffrage. One amendment, designed to enable incorporated cities and towns to levy taxes for the support of common schools, passed both houses by safe majorities and was submitted to the consideration of the next succeeding General Assembly. Petitions were presented in the House from the citizens of Porter, Marion, Gibson, Monroe and Fulton counties and Cambridge City asking unspecified amendments to the Constitution. In order to dispose of these propositions rapidly, the House adopted a resolution on January 17, providing for the appointment of a select committee on propositions for amending the Constitution.

219.

Governor Morton Urges Adoption of Constitutional Amendment Enabling Soldiers to Vote (January 6, 1865).

The number of soldiers enlisted in the Union Armies from Indiana prior to 1865 was 165,314. Under the provisions of the Constitution these soldiers were deprived of the right of suffrage. This was regarded as a grave political injustice, and numerous attempts were made to so amend the Constitution as to permit persons engaged in military service to vote. A constitutional amendment to remove this restriction was strenuously advocated by Governor Morton in his message to the General Assembly on January 6, 1865.

[House Journal, Forty-fourth Session, 23.]

Under the provisions of our Constitution, no person can vote except in the precinct in which he resides. This should be so amended, in my opinion, as to enable such of our citizens as are in the military service of the government, and who would be entitled to a vote if at home, to vote wherever they may be, in camp or field, under such reasonable regulations and safeguards as might be prescribed by the legislature.

I can conceive of no greater political injustice, than the exclusion from the right of suffrage, of those gallant men who are absent. from home, because they are fighting the battles of their country. I earnestly hope that immediate steps will be taken to relieve our Constitution of this injustice, and although it may not be accomplished in time to become operative during the war, it should not on that account be neglected.

220. Enabling Soldiers to Vote-Method of Voting-Fraudulent Voting (January 6, 1865).

On January 6, a joint resolution was introduced in the Senate by Mr. William A. Bonham, a Democrat, providing for the adoption of a constitutional amendment authorizing the General Assembly to enact statutes to more effectually guard against fraudulent voting, and to enable electors to vote when absent from the State, serving in the armies or navy of the United States. On January 10, when the resolution was under consideration, a motion was made by Mr. Jason B. Brown, a Democrat, to amend the resolution so as to amend Section 13 of Article 2 of the Constitution to read as follows: "All elections by the people shall be viva voce, under such provisions by law, as the General Assembly may from time to time enact; and all elections by the General Assembly or by either branch thereof shall be viva voce." The resolution and amendment were then referred to the Judiciary Committee. On January 25, the committee reported back the resolution with a slight amendment and recommended its adoption. On January 31, the committee reported back the proposed amendment to the resolution, relative to viva voce voting, and recommended that the amendment be laid on the table, as "the change therein proposed is neither necessary or advisable." In this recommendation, the Senate concurred.

[Senate Journal, Forty-fourth Session, 23.]

Senate joint resolution No. 1, entitled "A joint resolution, proposing an amendment to the second section of article second of the Constitution, so that the legislature may more effectually guard against fraudulent voting, and to enable electors to vote when absent from the State, serving in the army or navy of the United States."

221. Declaring the Constitutional Right of Soldiers to Vote (January 17, 1865).

In the meantime, on January 17, a resolution of inquiry was adopted by the House, "That the Committee on Elections be instructed to enquire into the expediency and constitutionality of so amending the election laws of the State that soldiers absent from the State in the field, may be allowed to vote at their places of rendezvous, for all Federal, State and county officers, and to report at their earliest convenience to this House, by bill or otherwise." On February 1, the following resolution, declaring the constitutional right of the General Assembly to extend the suffrage to soldiers, was presented and laid on the table.

[House Journal, Forty-fourth Session, 250.]

Resolved, That the Constitution of the State, without amendment gives ample power for providing by law, for officers and soldiers of the State, in the military service of the United States (except those in the regular service of the United States or its allies) to vote at all elections; and it is hereby made the duty of the Committee on Elections to report a bill which shall provide for their voting at such elections, and to punish those who shall prevent, hinder or defraud them in the exercise of this right.

222.

Fraudulent and Illegal Voting (January 17, 1865).

On the same day, January 17, the House likewise adopted the following resolution relative to fraudulent voting.

[House Journal, Forty-fourth Session, 111.]

Resolved, That the Committee on Elections be, and are hereby instructed to inquire into the propriety and expediency of so amending the general election laws of the State, for the purpose of more effectually preventing fraudulent and illegal voting, and report by bill or otherwise.

223. Registration of Voters (January 19, 1865).

Another method of preventing fraudulent voting was to require all