The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-06


provide for law reform, and promptly and faith
fully was it discharged. The Importance and
value of the reform is felt in ths rapid dispatch
of business in the courts, in the relief from vex-
atious and bewilderug technicaities, and in the
increased certainty that justice will be done.
Experience has shown the reform to be mucn
moro valuable than at the time was supposed.
The Indiana code does honor TO the convention
that imposed the duty to revise and simplify
the practice and forms of the courts, to the
commissioners who bestowed patient labor,
great learning and excellent judgment upon its
production. and upon the Legislature for its
prompt approval and enactment.
The benevolent institutions OF the State, the
cause of education. and the security OF the
common school fund were wisely and perma-
neItly provided for. By wise provision of
the new Constitution State and county
authorities have been prohibited from con-
tracing any serious Indebtedness, and the
influence of that provision has been most
salutary. Enterprise and development have ad-
vanced. and the people have accumulated wealth,
relieved of the fear and danger of crushing taxa
ton. Systems of State and free banking were
provided for, and well-regulated state oanK
was established. which for some years contribu-
ted largely to the success of our trade ana COM
merce but its currency has been wholly super
seeded by that of the national banks. The pro-
visions on the subject OF banking are suostan-
tally obsolete. An article prohibiting the
further settlement of negroes and mulattoes In
this State was submitted to the people. sepa-
rately from the other parts OF the Constitution,
and was adopted by large vote. After the
adoption of the amendments to the Constitution
Of the United States the provisions OF that artl-
Gle were inconsistent in spirit with the rights OF
the colored race ard the article was stricken
from the Constitution of the State by an amend
ment subsequently adopted. By the old Consti-
tuition the right to vote was restricted to cltl-
zens of the United States. Under the new Con-
stitution that right extended to foreigners
resident in the United States for one
year. and in this State SIX months
Immediately before any election, and VINO shall
have declared, under OATH their intention to be-
come citizens The mode of eecting some or
the State officers changed as to make
them elective by the people, and changes were
also made in their terms of Office and also IN
the terms of some OF the county officers. I'M
por!ant additions were made to the bill of rights
In faver of individual right and the right of con-
science.
/. No person shall be held incompetent as a
witness in consequence of his opinion In matters
of religion
2. No money shall be drawn from the treas
nry for the benefit of any religious or theolog-
ical institution
g. The assessed value of private property
shall be rendered before such property can be
taken, except in the of the State.
4. A reasonable amount of the debtors prop
Arty shall be exempt from seizure and sale
5. The right of trial by jury is extended.
6. Privileges and immunties snail not be
granted to citizen, or class or citizens, which,
upon the same terms, shall not equally belong to
all citizens.
The new Constitution provides the mode in
which it may be amended. Any proposed
amendment shall he considered by the Legisla-
ture at two separate sessions and if agreed to
at both sessions, it shall be submitted to the
electors of the State, and, if ratified by them, 1T
ehall become part of the Constitution. The
people are made secure against hasty amend
ments. No proposition can pass these ordeals
without being thoroughly considered and well
understood. Future amendments, that expert
once may indicate. can be made in the manner
provided, without much delay, without cost to
She people, and with every assurance that it is
wisely and well done
The amendments made by the convention of
1851 extended to every department, and have in
fuenced every branch of the public service. The
convention "builded better than it knew" Its
work has borne the hard test of experience. We
may Judge somewhat of its excellence by the fact
that during the thirty -four years that have since
elapsed but few amendments have been re-
nuired in all, l believe. but nine, and those
mostly because of changes that have since taken
place. Three of the later amendments relate to
the change in the legal status and condition of
the colored race, made by the amendments to
the Constitution of the United States Another
of the amendments was required to make the
time of our general election agree with the time
fixed by Congress for the election of members OF
Congress. The increased population OF the
State made it necessary, in order to defeat
illegal voting. to fix by constitutional amend
1nent period of residence in the voting precinct
before the right TO vote should be exercised.
The increasing disparity in the fees and salaries
of public officers made an amendment necessary
SO as to permit special legislation on that sub
iect It seems also to have been thought neces-
eary to modify the language used in defining the
judicial power. The last of the amendments was
useful but it did not relate to matters OF inter
est to the State. 1t was provision limiting the
amount of taxation in cities and municipal cor
Vorations.
By an amendment adopted in 1873 the Legs-
lature is prohibited ever to recognize any liabil-
ity of the State to pay the Wabash and Erie
canal bonds. Thereby that question was forever
put at rest. In scarcely single instance have
the late amendments become necessary because
OF any defective or incomplete work on the part
of the convention of 1851 The Constitution
then adopted stands almost without change or
modification. Under its provisions the people
have maintained local self-government in its
highest excellence In peace and in war it has
guarded their rights, protected their interests,
and promoted their welfare and prosperity.
congratulate you who are living, and honor
the memories of the delegates who are dead for
the perfect work done by the convention.
Hon. VIM Ell. English was the next speaker.
He spoke as follows:
The history of the men who framed consti-
taton which has already existed over the third
of a century, and under which a State has grown
to be great and prosperous ought to be subject
of interest to its citizens
To me, whatever pertains to the rise and prog
ress of governments. and especially of my own
State and Nation, is interesting. Certainly the
progress which has been made by the State Of
Indiana ought to be satisfactory and gratifying
TO her citizens: and, as to the Nation at large
do not know of any country, in ancient or modern
dimes, that has grown in prosperity and greatness
with the rapidity of the United States of Ameri-
pa. The mind scarcely comprehend this
Nations wonderful progress
What vast and glorious country tits, stretch
ing from ocean TO ocean over thousands, and
thousands. and thousands of miles of good a
country as the sun of heaven shines upon. and
with over fifty five millions of self-governed peo
pie. possessing greater privileges and advantages
and real prosperity and happiness than any on
earth!
And have you ever thought in what brief
period this greatness has been attained?
When some of the members of this reunion