for each of the Judicial Circuits, Auditor, Treasurer, and Secretary of State, Representatives to Congress, Clerk of the Supreme Court, and all other State and county officers, where election would have taken place on the 1st Monday in August, 1851, had there been no change in the Constitution of this State, the election canvass and return shall be governed by the existing law upon the subject of general elections.

It shall be the duty of the clerks of the Circuit Courts within ten days after said election to certify to the Secretary of State the result of the election held within his county for Judges of the Supreme and Circuit Courts, Auditor, Treasurer, Secretary of State, Prosecuting Attorneys, Clerk of the Supreme Court, Representatives to Congress, which returns shall be published as by law required in case of the election of Governor (pp. 874-75). Reported by the Committee on Miscellaneous Provisions on February 1. Laid on the table; subsequently taken from the table and referred to a select committee of ten (pp. 916-20). The committee recommended the adoption of sections 1 and 2; they were unable to agree on section 3; and recommended that the other sections be laid on the table (p. 952).

1. Fixing Number of Constitutional Delegates.-Section 7. If at any time hereafter a Convention shall be called, there shall not be elected more than fifty delegates to such Convention (p. 850). Laid on the table.

2. Qualifications to Practice Law, Medicine and Surgery.Sec. 2. All white male citizens of the age of twenty-one years and upwards, of good moral character shall be permitted to practice medicine and surgery, and law in the several courts of this State (p. 789). Laid on the table.

3. Punishment for Invasion of Friendly Foreign Soil.-Sec. - Every person who shall unlawfully engage in any invasion of territory belonging to a foreign nation, with whom the United States are at peace, shall, on conviction of such offence, be ipso facto disfranchised, and incapable of holding any office of honor or trust thereafter, under this Constitution (p. 353). Rejected.

4. Divisions of Government.-Sec. 27. The government of Indiana shall be divided into three separate and distinct powers, each of which shall be confined to a separate and distinct magistracy, to wit: those which are legislative to one, those which are executive to another, and those which are judiciary to another;

and no person or collection of persons being of one of these departments, shall ever exercise any power or right properly belonging to either of the others, except as herein expressly granted (p. 550). Laid on the table.

5. Exempting Certain Townships From Uniform Operation of Laws. Section 1. The provisions contained in this Constitution requiring uniform laws regulating township business, shall not affect the laws now in force regulating the mode of transacting business in the several townships in the counties of Dearborn, Switzerland, Ohio, Wells, and Adams; but the General Assembly may, when deemed expedient, amend or repeal said laws (p. 877). Reported by the Committee on Miscellaneous Provisions on February 1. Laid on the table with a pending amendment to include Elkhart, LaGrange, Allen, Steuben, Jennings and Jackson counties (p. 893).

6. Agricultural and Educational Statistics.-Section 1. It shall be the duty of the General Assembly to provide by law that the county auditor, or other proper officer of the several counties, shall annually furnish to the Secretary of State a report of the agricultural productions of each county.

Sec. 2. It shall be the duty of the General Assembly to provide by law that the county auditor, or other proper officer of the several counties, shall annually furnish to the Secretary of State, a statement of the number of children who are instructed in the district and common schools, the number of district school houses, the amount of money applied to the purposes of such schools, and such other information as may be necessary in regard to common schools (p. 191). Reported on November 4 by the Committee on the Executive Department, after consideration of certain resolutions relative to the collection of statistical information or agriculture and education. Laid on the table, section 1 by a vote of 66-61 (pp. 594-95).

Amendments proposed and rejected: (1) Requiring biennial instead of annual reports. (2) Requiring a report in the year 1855, and every ten years thereafter, including also the number of inhabitants.

7. Prohibiting Licensing of Sale of Intoxicating Liquors.-Section. The General Assembly shall not pass any act authorizing the grant of license for the sale of intoxicating liquors (p. 478). Reported by a majority of the select committee to whom was referred certain resolutions relative to the liquor traffic, on December 19. Laid on the table.

8. State Geological Survey.-Section-. It shall be the duty of the General Assembly to provide by law, within five years after the adoption of this Constitution, for a thorough geological survey of the State (p. 544). Reported by a select committee who had been considering the subject of a geological survey of the state. Laid on the table (p. 827).

143. An Address to the Electors of the State (February 8, 1851).

On January 21, 1851, Mr. Owen introduced a resolution in the Convention providing "that a committee of one from each congressional district be appointed by the Chair, to prepare an address to the electors of the State, embodying a brief statement of the changes proposed in the amended Constitution, and such other matters in connection therewith, as may aid in securing its adoption." This resolution was adopted by the Convention. On January 25 the President announced the following committee: 1st District-Mr. Owen;

2d District-Mr. Carr;
3d District-Mr. Berry;
4th District-Mr. Smiley;
5th District-Mr. Maguire;
6th District-Mr. Helmer;

7th District-Mr. Davis of Vermillion;

8th District-Mr. Bryant;

9th District-Mr. Colfax;

10th District-Mr. Bascom.

On February 8, the select committee unanimously reported the following address which was concurred in by the Convention.

[Convention Journal, 964.]

TO THE PEOPLE OF INDIANA.

Chosen by the electors of the State of Indiana for the purpose of considering the present Constitution, and of proposing for adoption or rejection by the people, an amended Constitution, embodying such changes as we might deem proper, we have completed the task assigned us; and now lay before you the result of our labors. The chief amendments which we have thought it useful to make are, briefly stated, as follows:

IN THE BILL OF RIGHTS.

In addition to the guarantees which find a place in the old Constitution, to secure the rights of conscience and prevent the imposition, on the citizen, of any tax to support any ministry or mode of worship against his consent, it is provided, that no person shall be rendered incompetent as a witness, in consequence of his

opinions in matters of religion; and that no money shall be drawn from the treasury for the benefit of any religious or theological institution. Both these provisions are found in the Constitutions of Michigan, Wisconsin, and others of recent date.

In the old Cons itution the provision as to the taking of private property for public use, is that it shall not be taken without just compensation being made therefor;" but it is not declared, whether or not this property shall be assessed and be paid for, before it is taken. The provision in the new Constitution is, that when property is taken (except in the case of the State) compensation shall be "first assessed and tendered." This is an important change. As the law now stands, an incorporated company, constructing a railroad or other public improvement, may take a man's property first, and pay for it afterwards. The change proposed requires, that, before taking any property, a tender should first be made of its assessed value. If that tender be rejected by the owner, and he seek his remedy by appeal, the property may be taken; so that one man may not be able, by unreasonable obstinacy, to arrest for months or years, a work of public importance.

The principle of exempting a reasonable amount of the property of the debtor from seizure or sale, is asserted; but without specifying any amount. There is no provision of this kind in the old Constitution; though the present law, usually called the "hundred and twenty-five dollar law," is based upon the principle thus proposed to be permanently established.

The legislature is authorized to continue, modify or abolish, the grand jury system. Under the old Constitution, the provision for retaining it was imperative.

The right of trial by jury is secured in all cases, civil and criminal. By the old Constitution, where the amount in controversy was less than twenty dollars, and also in prosecutions for petit misdemeanors, this right was not secured.

It is provided that "the General Assembly shall not grant to any citizen or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens." This important provision is new.

AS TO SUFFRAGE AND ELECTION.

By the old Constitution, citizens of the United States only were entitled to vote. Under the new, foreigners who have been in the United States one year, and in this State six months immediately before any election, and who shall have declared under oath, their

intention to become citizens, have the right of voting. This liberal provision will undoubtedly tend to increase the wealth and population of our State, by attracting emigrants towards it.

Postmasters, if their annual compensation be ninety dollars or less but not otherwise, may be elected members of the legislature. In counties with less than a thousand polls, but in no others, the offices of clerk, recorder, and auditor, may be conferred on the same person. Both of these are new provisions.

No one who gives or accepts a challenge, or carries to another a challenge to fight a duel, shall be eligible to any office of trust or profit. This also is new.

IN THE LEGISLATIVE DEPARTMENT.

The provision in regard to the number of senators and representatives remains unchanged. It is not to exceed a hundred in the House, and fifty in the Senate; but that number may be at any time reduced by law.

The regular sessions of the legislature are to be held once only in two years; but the Governor, if he think the public welfare requires it, may call special sessions. No regular session is to be longer than sixty-one days; nor any special session longer than forty days.

As the entire expense of the sessions of our General Assembly, including printing of laws and journals, has averaged, for the last ten years, upwards of forty thousand dollars annually, the saving, by the change to biennial sessions, may be set down at twenty thousand dollars a year. Thus, if no special session be called during five years, the saving in that period, by this provision alone, will overpay the entire expenses of the Convention. Thus will also be afforded some opportunity to become acquainted with the laws of one session before these are followed by the amendments of the next.

The following provisions, tending to check and regulate the Legislative branch of government, are not found in the old Constitution:

First. Every bill is to be read throughout on three several days, unless two-thirds, under the ayes and noes, suspend the rule. Second. On the final passage of a bill, it is forbidden, under any circumstances, to dispense with its reading by sections.

Third. A majority of all the members elected to either branch shall be necessary to pass a law. The present Constitution per