Section 2. The Governor shall appoint the adjutant, quartermaster, and Commissary Generals.

Section 3. All militia officers shall be commissioned by the Governor, and shall hold their offices not longer than six years.

Section 4. The General Assembly shall determine the method of dividing the militia into divisions, brigades, regiments, battallions, and companies, and fix the rank of all staff officers.

Section 5. The militia may be divided into classes of sedentary and active militia, in such manner as shall be prescribed by law.

Section 6. No person, conscientiously opposed to bearing arms, shall be compelled to do militia duty; but such person shall pay an equivalent for exemption; the amount to be prescribed by law.

ARTICLE 13.90

NEGROES AND MULATTOES.

Section 1. No negro or mulatto shall come into or settle in the State, after the adoption of this Constitution.

Sec. 4. The General Assembly shall provide for the appointment or election of all officers necessary to the organization of the militia, and shall fix the terms for which said officers may hold their offices (p. 590). Read a third time on January 3 and passed by a vote of 81-33 (p. 599). The following substitute was proposed on third reading and rejected:

Section 1. The legislature may provide by law for organizing and disciplining the militia in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States.

Sec. 2. The legislature may provide for the efficient discipline of the officers, commissioned and non-commissioned, and musicians, and shall provide by law for the organization and discipline of volunteer companies.

Sec. 3. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned by the Governor. Sec. 4. The Governor shall have power to call forth the militia, to execute the laws of the State, to suppress insurrection, and repel invasion (p. 599). Reported by the Committee on Revision on February 7, and concurred in (p. 960).

90. The following section was reported by the Committee on Rights and Privileges on October 26:

Sec. 4. The General Assembly, at the first session under the amended Constitution, shall pass laws prohibiting negroes and mulattoes from coming into or settling in this State; and prohibiting any negro or mulatto from purchasing or otherwise acquiring real estate hereafter (p. 138). Amended on second reading as follows:

Sec. 4. The General Assembly, at the first session under this Constitution, shall pass laws prohibiting negroes and mulattoes from coming into or settling in this State; and prohibiting any negro or mulatto from purchasing real estate hereafter (pp. 245-46). On October 31, the Committee on Rights and Privileges reported the following additional sections: And no negro or mulatto shall be competent as a witness, except in pleas of the State against negroes and mulattoes, and in civil cases to which negroes or mulattoes alone are parties (p. 164). There shall be an annual appropriation, not exceeding ten thousand dollars, set apart by law for the gradual colonization of so many of the negroes and mulattoes now in this State as shall desire to leave it, and shall not have the means to do so (p. 165). This report was never considered. Pending consideration on second

Sec.-.

reading, the question was referred to a select committee of one from each congressional district. Reference to this committee was adopted by a vote of 74-48 (p. 270). Proposed instructions to the select committee:

1. To inquire into the best means of ultimately separating the white and colored races in Indiana, and also into the expediency of incorporating in one article all Constitutional provisions relative to negroes and mulattoes, and submitting the same separately to the people. Rejected by a vote of 60-63 (pp. 268-71).

2. And that the committee also inquire into the expediency of striking out the entire section, as reported by the committee, and insert the following: The General Assembly shall pass laws, with as little delay as practicable, prohibiting negroes and mulattoes from coming into, or settling in this State, and prohibiting all negroes and mulattoes who have come into this State, since the 10th day of February, 1831, and who have not complied with the provisions of the act of the General Assembly of this State, entitled, "An act concerning free negroes and mulattoes, servants and slaves,'' approved February 10, 1831, from purchasing real estate, or any interest therein hereafter. Rejected (p. 268).

3. The General Assembly shall pass laws providing that any free negro or mulatto, hereafter immigrating to, and refusing to leave this State, or having left shall return and settle within this State, shall be deemed guilty of a misdemeanor, and punished by confinement in the county jail, or apprenticed for the term of not less than six months, and the proceeds shall be applied to sending such negro or mulatto to Liberia, if he will consent to go there, if not, the same shall be donated to the Colonization Society in trust, for the benefit of those negroes in this State who are willing to emigrate to Liberia. Adopted (p. 272).

4. Any person who shall knowingly permit any negro or mulatto, coming into this State after the adoption of this Constitution, to occupy any real estate of which such person may be the owner, shall forfeit such real estate to the county in which the same lies, for common school purposes. Adopted (p. 272).

5. That the committee be instructed to inquire whether the legislature will not possess ample powers to pass laws to prevent the immigration of negroes and mulattoes to this State, without any express provision in the Constitution on that subject, and if so, whether there is any necessity for making any such provision. Rejected (p. 273). On December 21, a resolution was introduced requiring the select committee to report by December 30. Laid on the table (p. 500). On January 13, the select committee reported the following resolutions:

Section 1. No negro or mulatto shall come into and settle in this State after the adoption of this Constitution.

Sec. 2. All contracts made with negroes and mulattoes coming into this State, contrary to the provision of the first section of this article shall be void; and all persons who shall employ, or otherwise encourage such negroes or mulattoes to remain in this State shall be fined in any sum not less than ten, nor more than five hundred dollars.

Sec. 3.

There shall be an annual appropriation set apart by law for the gradual colonization of negroes and their descendants, who may be in the State at the adoption of this Constitution.

Sec. 4.

After the year 1860, no negro or mulatto shall acquire real estate, or any interest therein, otherwise than by descent.

Sec. 5. The General Assembly shall pass laws to carry out the provisions of the foregoing sections of this article if adopted by the people.

Sec. 6. This article shall be submitted to a separate vote of the people in this form: Exclusion and Colonization of negroes and mulattoes?" aye or no (p. 652). Section I was engrossed for third reading without amendment by a vote of 94-36 (p. 752). A proposed amendment, that members of this convention be required, whenever they see a negro in the State, to catch him and take him out, was rejected by a vote of 15-114. Passed on January 24 by a vote of 93-40. Section 2 was engrossed for third reading without amendment by a vote of 77-56.

An amendment proposing to strike out the provision prescribing a fine for persons employing or otherwise encouraging negroes to remain in the State was rejected by a vote of 57-74. Any person, body politic, or corporate, who shall knowingly and willingly permit any negro or mulatto coming into this State contrary to the provisions of this Constitution to occupy any real estate belonging to such person, body politic, or corporate, shall forfeit the same to the county in which the same may be for the use of common schools. Rejected by a vote of 35-95 (p. 753). Passed on January 24 by a

Section 2. All contracts made with any Negro or Mulatto coming into the State, contrary to the provisions of the foregoing section, shall be void; and any person who shall employ such Negro or Mulatto, or otherwise encourage him to remain in the

vote of 78-59 (p. 769). The following proposed amendment was rejected by a vote of 43-91: Provided, however, The sections of this article shall not be so construed that the citizens of each State shall not be entitled to all privileges and immunities of citizens in the several States. Section 3 was engrossed for third reading as follows:

Sec. 3. All fines which may be collected for a violation of any of the sections of this article, or of any law hereafter passed by the legislature, for the purpose of carrying out the provisions of this article, shall be appropriated and set apart for the colonization of such negroes and mulattoes as are now in this State and may be willing to emigrate (p. 756). Passed by a vote of 106-33 on January 24 (p. 772).

Proposed amendments: (1) and the net proceeds, after provision for drainage of the swamp lands belonging to the State of Indiana, or so much of the same as may be necessary, shall constitute a fund to be applied to the colonization of such negroes so desiring to leave the State; and the remainder, if any, of such net proceeds, shall be added to the common school fund of the State. Rejected by a vote of 41-93; (2) there shall be an annual appropriation set apart by law for the gradual colonization of negroes and mulattoes, and their descendants, who may be in this State at the adoption of this constitution. Rejected by a vote of 61-70. Fixing the appropriation at $10,000 annually. Rejected by a vote of 28-99. Fixing the annual appropriation at $2,000.

Section 4 was laid on the table on second reading by a vote of 77-54 (p. 758). Section 5 was advanced to engrossment as follows:

Sec. 5. The General Assembly shall pass laws to carry out the provisions of the foregoing sections of this article (p. 759). Passed on January 24 without vote (p. 776). An attempt to restore the phrase requiring submission to the people was rejected by a vote of 52-78. Section 6 was engrossed for third reading without amendment by a vote of 78-57. Passed on January 24 by a vote of 80-54 (p. 776). An attempt to lay the section on the table was lost by a vote of 58-73; (2) to strike out the word "colonization''; (3) at the time of submitting the Constitution, to a separate vote of the people by ballot, in this form: 'Negro exclusion', or 'no exclusion', and unless a majority of all the votes given at said election shall be in favor of said 'exclusion', this article shall not become a part of the Constitution." Rejected by a vote of 44-87; (4) to provide that if a majority of the legal voters shall vote aye, then this article shall be taken as a part of this Constitution." Reported by the Committee on Revision on February 7 and 8 so distributed as to constitute Sections 1, 2, 3 and 4 of Article 13 and Thirteenth of the Schedule of the Constitution as adopted (pp. 960, 978).

Amendments proposed and rejected: (1) prohibiting only those negroes and mulattoes hereafter coming into the State from purchasing or acquiring property; (2) prohibiting the enactment of laws designed to prohibit any citizen of a State from enjoying the same privileges and immunities of the citizens of the several states''; (3) eliminating the provision requiring the enactment of laws prohibiting negroes and mulattoes from holding real estate, rejected by a vote of 39-76; (4) prohibiting only those negroes and mulattoes from holding real estate who have emigrated into the State since January 1, 1850; (5) requiring the legislature to pass discriminatory laws against negroes and mulattoes whenever the public interest shall demand the same'' instead of at the first session, rejected by a vote of 36-80; (6) to strike out the entire section; (7) 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 inalienable 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; (8) authorizing the legislature to pass such laws for the government of negroes and mulattoes as it may deem right and expedient;'' (9) providing that any negro or mulatto now in the State may hold real property, rejected by a vote of 40-42.

Amendment proposed and considered but neither accepted nor rejected: (1) providing nothing herein contained shall be so construed as to prevent any negro or mulatto now residing in this State from holding or purchasing real property as heretofore.

State, shall be fined in any sum not less than ten dollars, nor more than five hundred dollars.

Section 3. All fines which may be collected for a violation of the provisions of this article, or of any law which may hereafter be passed for the purpose of carrying the same into execution, shall be set apart and appropriated for the colonization of such Negroes and Mulattoes, and their descendants, as may be in the State at the adoption of this Constitution, and may be willing to emigrate. Section 4. The General Assembly shall pass laws to carry out the provisions of this article.

ARTICLE 14.

BOUNDARIES.

Section 1. In order that the boundaries of the State may be known and established, it is hereby ordained and declared, that the State of Indiana is bounded, on the East, by the meridian line which forms the western boundary of the State of Ohio; on the South, by the Ohio river, from the mouth of the Great Miami river to the mouth of the Wabash river; on the West, by a line drawn along the middle of the Wabash river, from its mouth to a point. where a due north line, drawn from the town of Vincennes, would last touch the northwestern shore of said Wabash river; and, thence, by a due north line, until the same shall intersect an east and west line, drawn through a point ten miles north of the southern extreme of Lake Michigan; on the North, by said east and west line, until the same shall interesct the first mentioned meridian line, which forms the western boundary of the State of Ohio.

Section 2. The State of Indiana shall possess jurisdiction and sovereignty co-extensive with the boundaries declared in the preceding section; and shall have concurrent jurisdiction, in civil and criminal cases, with the State of Kentucky on the Ohio river, and with the State of Illinois on the Wabash river, so far as said rivers form the common boundary between this State and said States respectively.91

91. Reported by a select committee on January 29, as follows:

Section 1. In order that the boundaries of the State of Indiana may be known and established, it is hereby ordained and declared, that the State of Indiana is bounded on the east by the meridian line which forms the western boundary of the State of Ohio; on the south by the Ohio river from the mouth of the Great Miami river to the mouth of the river Wabash; on the west by a line drawn along the middle of the Wabash from its mouth to a point where a due north line drawn from the town of Vincennes would last touch the northwest shore of said Wabash river, and from thence by a due north line until the same shall intersect an east and west line drawn through a point ten miles

ARTICLE 15.

MISCELLANEOUS.

Section 1. All officers, whose appointment is not otherwise provided for in this Constitution, shall be chosen in such manner as now is, or hereafter may be, prescribed by law.92

Section 2. When the duration of any office is not provided for by this Constitution, it may be declared by law; and, if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the General Assembly shall not

north of the southern extreme of Lake Michigan; on the north by said east and west line until the same shall intersect the first mentioned meridian line, which forms the western boundary of the State of Ohio.

Sec. 2. In order that the southern boundary of this State may be better known and established than is declared in the preceding section, it is hereby ordained and declared, that the boundary of this State upon the Ohio river extends to the centre of the Ohio river, and that Indiana has concurrent jurisdiction with the State of Kentucky on said river between the mouth of the Great Miami river and the mouth of the Wabash river, and that all the counties of this State bounded by the Ohio river, shall have and exercise such original and concurrent jurisdiction fronting said counties (p. 821). On second reading Section 2 was laid on the table; the following supplemental provision was adopted, and the article as amended was advanced to engrosssment: The State of Indiana shall possess jurisdiction and sovereignty co-extensive with the boundaries as declared in the preceding section, and have concurrent jurisdiction in civil and criminal cases with the State of Kentucky on the Ohio river, and with the State of Illinois on the river Wabash, so far as said rivers form the common boundary between this State and said States respectively (p. 884).

Section 1 and the proposed additional section were passed without vote on February 4 (p. 899). Reported by the Committee on Revision on February 7 (p. 961). The following sections were reported by the Committee on Miscellaneous Provisions on January 28.

Section 1. In order that the boundaries of the State of Indiana may more certainly be known and established, it is hereby ordained and declared, that the following shall be and forever remain the boundaries of the said State, to-wit: bounded on the east by the meridian line which forms the western boundary of the State of Ohio; on the south by the Ohio river, from the mouth of the Great Miami river to the mouth of the river Wabash; on the west by a line drawn along the middle of the Wabash river, from its mouth to a point where a due north line drawn from the town of Vincennes would last touch the north-western shore of the said Wabash river, and from thence by a due north line until the same shall intersect an east and west line drawn through a point ten miles north of the southern extreme of lake Michigan; on the north by the said east and west line until the same shall intersect the first mentioned meridian line, which forms the western boundary of the State of Ohio.

Sec. 2. The State of Indiana shall possess jurisdiction and sovereignty coextensive with the boundaries as declared in the preceding section, and have concurrent jurisdiction in civil and criminal cases with the State of Kentucky on the Ohio river, and with the State of Illinois on the river Wabash, so far as said rivers form the common boundary between this State and said States respectively (p. 811). Laid on the table on second reading (p. 864).

92. Reported by Committee on Salaries, Compensation and Tenure of Office on October 31, as follows:

Section 1. All officers shall be elected by the qualified electors of this State, except as is otherwise provided in this Constitution (p. 172). Laid on the table on second reading (p. 526). Reported in substantially similar form by the Committee on Revision on February 8 (p. 976).