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Miscellaneous Provisions

The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.


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, Well, and Adam; 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 heard 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).