Main Content


Privileges and Immunities of Citizens

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


1. Liability for Debt or Default. - Sec. 1. No man shall be held to answer for the debt, default, or miscarriage of any other person upon any contract entered into from and after the year 1860, except in cases where executors, administrators, guardians, trustees, and public officers are required to give bond and security, and where security is given to persons acting in a fiduciary capacity (p. 520). Reported by a select committee on December 24. Laid on the table. (p. 826).

2. Prohibiting special Privileges and Immunities. - Sec. - . All the members of the political State of Indiana shall have the same rights, privileges, and immunities, because one man is as good as another, if not a "leetle better" (p. 688). Referred to the Committee on Rights and Privileges.

3. Limitation on Recovery of Real Estate Adversely Held. - Sec. 2. The legislature shall by law make provision for limiting the right of action to recover real estate, where adversely held, to fifteen years - reserving the rights of married women, infants, insane persons, idiots, and persons not residing in the United States to a period not exceeding five years after the removal of such disability (p. 861). Rejected; reconsidered by a vote of 66-47, and rejected by a vote of 51-63 (p. 862).

4. Property Right of Resident and Non-Resident Aliens and their Residuary Legatees. - Sec. 1. Resident aliens shall have power to acquire real estate in this State the same as citizens, and shall also have power to dispose of their property, whether real or personal, within the jurisdiction of said State by testament, donation, or otherwise; and when a person dies intestate, whose heirs or representative are aliens, such representatives shall succeed to personal property the same as if they were not aliens, and the heirs, legatees, and distributees, of any such intestate shall succeed to all rights and privileges as such heirs, legatees, or distributees the same as if they were citizens of the United States: Provided, that if aliens residing in foreign countries become the owners of real estate in this State, by testament or descent, such aliens shall be allowed ten years to sell and dispose of the same, or to become citizens of the United States, and in default thereof, such real estate shall escheat to the State of Indiana for the use of common schools in the county where such real estate is situate (p. 764). Reported by a select committee on January 24. Laid on the table (p. 860).

5. Property Rights of Aliens. - Sec. 21. No distinction shall be made by law between resident aliens and citizens in the possession, enjoyment, or descent of property (p. 592).

6. Property Rights of Aliens. - Sec. 21. All real estate in this State, if not willed, shall descend to the heirs of the owner, whether residents, non-residents, or aliens (p. 529). Referred to a select committee of five with the following proposed amendment:
Foreigners who are, or who may hereafter become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and descent of property as native born citizens (p. 592).

7. Forced Sale of Property for Two-Thirds of its Value, Only. No law shall be passed subjecting real estate to sale under execution for less than two-thirds of its appraised value, nor personal property for less than one-half of its appraised value (p. 468). Laid on the table by a vote of 84-40.