Conclusion of the Government under the Constitution of 1816

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

(k) CONCLUSION OF THE GOVERNMENT UNDER THE CONSTITUTION OF 1816.

1. Termination of Offices of Incumbents Under Constitution of 1816. - The Governor, Lieutenant Governor, Senators and Representatives shall continue in office until their successors are elected and qualified under this Constitution, and their successors shall be elected at the first general election under this Constitution, anything in this Constitution to the contrary notwithstanding (p. 920). Proposed by Mr. Walpole on February 5; referred to a select committee of ten.

2. Submission of Constitution and Certification of Election-

1st. This Constitution shall be submitted to the people for their adoption or rejection, at an election to be held for that purpose in the several counties of this State, on the first Monday in June, 1851. And there shall also be submitted for adoption or rejection, at the same time, the separate article in relation to the exclusion of "Negroes and Mulattoes and their colonization."

2d. The said election shall be by ballot, and shall be conducted according to the laws now in force in relation to the election of Governor, so far as applicable, and every person entitled to vote by the Constitution shall, on the first Monday in June, 1851, be entitled to vote for or against the adoption of this Constitution, and for or against the aforesaid article separately submitted; and they shall vote in the township in which they reside at the usual places of holding elections, and not elsewhere.

3d. Those voting against the adoption of this Constitution shall vote written or printed tickets in this form, "against the Constitution;" and those voting for the adoption of it, shall vote written or printed tickets in this form, "for the constitution." Those voting against the adoption of the separate article in relation to the exclusion of negroes and mulattoes and their colonization, shall vote a written or printed ticket in this form, "Against the Negro and Mulatto article;" and those voting in favor of adopting said article shall vote a written or printed ticket in this form, "for the exclusion of negro and mulattoes and their colonization."

4th. Poll books shall be kept, votes counted, and certified to the clerks of the different counties, and canvassed as in other elections. And the returns of the votes for the adoption and rejection of this Constitution, and for and against the said separate article submitted, shall be made by said clerks to the Secretary of State within -- days after said election; and said returns shall, within -- days thereafter, be examined and canvassed by the Auditor, Treasurer, and Secretary of State, or any two of them in the presence of the Governor and such persons as shall choose to attend; and proclamation shall be made by the Governor forthwith of the result of the election. If it shall appear that a majority of all the votes polled at such election were given for the adoption of this Constitution, it shall be the Constitution of the State of Indiana, from and after the 4th day July, 1851. But if it shall appear that a majority of all the votes polled were given against the Constitution, the same shall be null and void. If it shall further appear that a majority of all the votes polled shall have been given for the separate article in relation to the exclusion of Negroes and mulattoes and their colonization, then said article shall be and form a part of this Constitution, otherwise said article shall be null and void.

Should the Constitution be rejected and the separate article adopted, then the said article shall be ordained and established as an amendment to the Constitution of the State of Indiana, adopted in 1816.

Should this Constitution be adopted, there shall be a general election held in the townships of the several counties of this State on the 2d Tuesday in October, 1851, for the election of three Judges of the Supreme Court, a Judge and Prosecuting Attorneys 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).