Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-02-20

revise and simplify the practice and forms OF the
courts. They abolish the separate forms oil ac
ton in use; and provide for a uniform mode Of
pleading without distinction between law and equity.
The Legislature may also these Commissioners 10
reduce into systematic code the general Statute law
Of the State.
These reforms of an important characters calcu-
lated to diminish the cost and correct the delay of
law proceedings. As the law now is. man may prose-
cute perfectly Just claim but if he commence suit
what arbitrary rule calls the wrong side OF the COURT
he cannot recover. So also, man may have various
demands for money against neghbor, all OF which could
naturally and conveniently be forth in the same dec
aration bat ancient practice has declared that there
ten twelve different forms OF action and he
may have to bring separate suit with its separate
penses, for each demand, though varying very slightly
in their character. remarkable example is this. Ii
hold two promissory notes against another paya-
bic in current bank paper the being sealed and the
other not sealed he must bring seperate suit upon
each No reason but purely arbitrary one founded OH
antquated usage be given for such vexatious and
cost increasing distinctions
The Legislature is authorized to establish Courts of
Cancellations for the speedy decision Of that mar
be vountariay submitted them without the tedious
and expensive process oil law.
EDUCATION AND STATE INSTITUTIONS.
The principal change in this department, is the abo
ton Of county semnaries, and the application OF the
funds schools 1t is also provided, that the
Legislature shall establish uniform system of common
schools, wherein tuition shall be free The swamp lands
recently granted by Congress and whch it is supposed
may be worth half million of dollars added to the
common school fund.
Superintendent of Public Instruction to be elected
by the people, his term of Office being years. The
large of the school fund, scattered all the
State and the important interests involved demand the
undivided attention of competent officer
The counties made responsible Tor such portions OF
the common school fund may be entrusted to them.
This Incorporates into the Constitution provision for
the security of that fund.- which has long been
ute law Of the State.
The Institutions which the benevolence Of Indiana has
reared for the blind, the deaf and dumb and the insane
are perpctuated by constitutional provision.
The Legislature is instructed to establish Houses Of
Refuge for the correction and reformation Of Juvenile
offenders
PUBLIC DEBT.
The Legislature is prohibited from mourning any debt,
except to casual deficits in the revenue pay the
interest the present State debt, repe invasion,
or suppress insurrecton.
Had this provision brief and simple it is been in
serted in the Constitution of 1876 it would have saved
the State from loss of six millions of dollars Upon
that sum paying, without any return, some
three hundred thousand dollars of interest, annually
that is about eight hundred dollars days more than
enough to maintain perpetual session. after
with all its expenses of reporting and printing, such
Convention that which has been engaged for the last
four months, in framing Constitution which shuts out,
for the future, all possibility of similar folly.
No comfy is allowed to subscribe stock to any incor-
porated company unless the be paid the time Of
subscription. The State sprohbited from assuming the
debt Of auy town or county.
AS TO BANKING AND CORPORATIONS.
The Legislature may may not, establish banks in
this State Ii they establish banks 1t is to be under the
following restrictions
No bank shall he created otherwise than by general
law, except one bank with branches.
If the Legislature decide to a general banking
law, all banks thereby created to give ample col
lateral security, such may be readily converted into
money, for the redemption of all their notes in gold and
silver and this security to be lodged in the hands OF
officer of State No such security has heretofore
been demanded of banks in this State.
If the Legislature decide charter a bank with
branches the branches to be mutually responsible,
the branches of our present State Bank now are.
The State hereafter 10 be stockholdcr In any
bank or other corporation.
All banks are required to redeem their notes, at all
times in gold and silver and the Legislature is prohib
tied from authorizing suspension OF specie pay
ments.
The stockholders in all banks to be held indivd.
ually responsible, amount, and above their
stock, equal to the amount of their stock
In OF insolvency, holders of bank notes are to
have preference of payment over all other creditors
No bank is receive higher rate of interest, than Is
allowed to individuals loaning money.
Every bank is banking operations within twen
ty years from the time it is organized and promptly
thereafter to close up its business.
These restrictions banking, not imposed In the for
mer Constitution though stringent in their character
will not it is believed, prohibit banking, under safe
system, by responsible associations The restrictions
banking under general law similar to those OF
the New York system, amended according to the
provisions Of the Constitution of that State Under
that amended SYSTEM not dollar has been lost to the
bhoders. AS to the principle OF making the branches
of bank il established with branches responsible for
each others liabilities has worked well in the char
ter of present State Bank that it believed large
majority OF the people approve it.
In addition TO the above restrictions applying special
y to banks, is provided to corporations generally,
that they shall be created by special but be
formed under general laws.
NEGROES AND MULATToEs.
The Article in regard Negroes and Mulatoes is to
he Suh mi cd sana tplv IN he It nrovdes
First. That no Negro or Muatto shall come into, or
settle n this State after the adoption oil the new Con-
stitution.
Second That all contracts made with negroes or Mu-
attoes who may into the State, contrary to the
foregoing provision shall be void and all persons who
shall employ any such Negro Muato, shall be fined
IN any not less than en more than hive hundred
dollars.
Third That all fines collected for any breach Of this
article shall be applied to the colonization of many OF
the Negroes and Mulattoes, in this State, as may
desire to emigrate.
As to any further provision for colonization left to
future Legislation A majority Of the Convention were
of the opinion, that the true interests alike Of the white
citizens of the State and of its colored inhabitants de-
manded the ultimate separation Of the races; and that,
the Negro obtain, among us, equal social and
political rights il is greatly to be desired that he should
find free home in other lands where public opinion i'm
poses upon color neither social disabilities nor political
No additional disability, found in the old ConstItu.
ton, is imposed by the new, Negroes or Mnafoes
their descendants who be in the State at the time
OF the adoption of the amended Constitution.
MODE OF AMENDING CONSTITUTION.
Amendments to the Constitution may be proposed in
the Senate House of Representatives IL passed by
majority of all the members elected to either branch,
they referred the regular session of the Leg
islaturc be held years thereafter If passed by
them second time, they then, at the next general
election to be submitted to the People; ard if they pass
this final ordeal, they become part of the Constitu-
ten.
! In this way, there will always general elec-
If Of