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PREAMBLE
We
the Representatives of the people of the people of the Territory of
Indiana, in Convention met, at Corydon, on Monday the tenth day of
June in the year of our Lord eighteen hundred and sixteen, and of the
Independence of the United States, the fortieth, having the right of
admission into the General Government, as a member of the union,
consistent with the constitution of the United States, the ordinance
of Congress of one thousand seven hundred and eighty seven, and the
law of Congress, entitle "An act to enable the people of the
Indiana Territory to form a Constitution and State Government, and for
the admission of such state into the union, on an equal footing with
the original States" in order to establish Justice, promote the
welfare, and secure the blessings of liberty to ourselves and our
posterity; do ordain and establish the following constitution or form
of Government, and do mutually agree with each other to form ourselves
into a free and Independent state, by the name of the State of
Indiana.
ARTICLE
I.
Sect.
1st. That the general, great and essential principles of liberty and
free Government may be recognized and unalterably established; WE
declare, That all men are born equally free and independent, and
have certain natural, inherent, and unalienable rights; among which
are the enjoying and defending life and liberty, and of acquiring,
possessing, and protecting property, and pursuing and obtaining
happiness and safety.
Sect.
2. That all power is inherent in the people; and all free
Governments are founded on their authority, and instituted for their
peace, safety and happiness. For the advancement of these ends, they
have at all times and unalienable and indefeasible right to alter or
reform their Government in such manner as they may think proper.
Sect.
3. That all men have a natural and indefeasible right to worship
Almighty God, according to the dictates of their own consciences:
That no man shall be compelled to attend, erect, or support any
place of Worship, or to maintain any ministry against his consent:
That no human authority can, in any case whatever, control or
interfere with the rights of conscience: And that no preference
shall ever be given by law to any religious societies, or modes of
worship; and no religious test shall be required as a qualification
to any office of trust or profit.
Sect.
4. That elections shall be free and equal.
Sect.
5. That in all civil cases, when the value in controversy shall
exceed the sum of twenty dollars, and in all criminal cases, except
in petit misdemeanors which shall be punished by fine only, not
exceeding three dollars, in such manner as the Legislature may
prescribe by law; the right of trial by Jury shall remain inviolate.
Sect.
6th. That no power of suspending the operation of the laws, shall be
exercised, except by the Legislature, or its authority.
Sect.
7th. That no man's particular services shall be demanded, or
property taken, or applied to public use, without the consent of his
representatives or without a just compensation being made therefore.
Sect.
8. The rights of the people, to be secure in their persons, houses,
papers, and effects, against unreasonable searches, and seizures,
shall not be violated: and no warrant shall issue, but upon probable
cause, supported by oath, or affirmation, and particularly
describing the place to be searched, and the persons or things to be
seized.
Sect.
9th. That the printing presses shall be free to every person, who
undertakes to examine the proceedings of the Legislature. or any
branch of Government; and no law shall ever be made to restrain the
right thereof. The free communication of thoughts, and opinions, is
one of the invaluable rights of man; and every Citizen may freely
speak, write, and print on any subject, being responsible for the
abuse of that liberty.
Sect.
10. In prosecutions for the publication of papers investigating the
official conduct of officers, or men in a public capacity, or when
the matter published is proper for the public information, the truth
thereof may be given in evidence; and in all indictments for libels,
the Jury shall have a right to determine the law and the facts,
under the direction of the court, as in other cases.
Sect.
11. That all Courts shall be open, and every person, for an injury
done him, in his lands, goods, person, or reputation shall have
remedy by the due course of law; and right and justice administered
without denial or delay.
Sect.
12. That no person arrested, or confined in Jail, shall be treated
with unnecessary rigor, or be put to answer any criminal charge, but
by presentment Indictment, or impeachment.
Sect.
13. That in all criminal prosecutions, the accused hath a right to
be heard by himself and counsel, to demand the nature and cause of
the accusation against him, and to have a copy thereof; to meet the
witnesses face to face, to have compulsory process for obtaining
witnesses in his favor, and in prosecutions by indictment, or
presentment, a speedy public trial by an impartial Jury of the
County or district in which the offence shall have been committed;
and shall not be compelled to give evidence against himself, nor
shall be twice put in jeopardy for the same offence.
Sect.
14. That all persons shall be bail able by sufficient sureties,
unless for capital offenses, when the proof is evident, or the
presumption great; and the privilege of the writ of habeas corpus
shall not be suspended, unless, in case of rebellion or invasion,
the public safety may require it.
Sect.
15. Excessive bail shall not be required, excessive fines shall not
be imposed, nor cruel and unusual punishments inflicted.
Sect.
16. All penalties shall be proportioned to the nature of the
offence.
Sect.
17. The person of a debtor, where there is not strong presumption of
fraud, shall not be continued in prison, after delivering up his
estate, for the benefit of his creditor, or creditors, in such
manner as shall be prescribed by law.
Sect.
18. No ex post facto law, nor any law impairing the validity of
contracts, shall ever be made, and no conviction shall work
corruption of blood, nor forfeiture of estate.
Sect.
19. That the people have a right to assemble together in a peaceable
manner, to consult for their common good, to instruct their
representatives, and to apply to the Legislature for redress of
grievances.
Sect.
20. That the people have a right to bear arms for the defense of
themselves, and the state; and that the military shall be kept in
strict subordination to the civil power.
Sect.
21. That no soldier shall, in time of peace, be quartered in any
house without the consent of the owner, nor in time of war, but in a
manner to be prescribed by law.
Sect.
22. That the Legislature shall not grant any title of nobility, or
hereditary distinctions, nor create any office, the appointment to
which, shall be for a longer term than good behavior.
Sect.
23. That emigration from the state shall not be prohibited.
Sect.
24. To guard against any encroachments on the rights herein
retained, we declare, that every thing in this article, is excepted
our of the general powers of Government, and shall forever remain
inviolable.
ARTICLE
II.
The
powers of the Government of Indiana shall be divided into three
distinct departments, and each of them be confided to a separate
body of 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
those departments, shall exercise any power properly attached to
either of the others, except in the instances herein expressly
permitted.
ARTICLE
III.
Sect.
1. The Legislative authority of this state, shall be vested in a
general assembly, which shall consist of a Senate, and house of
Representatives, both to be elected by the people.
Sect.
2. The General Assembly may, within two years after their first
meeting, and shall, in the year eighteen hundred and twenty, and
every subsequent term of five years, cause an enumeration to be
made, of all the white male inhabitants above the age of twenty-one
years. The number of Representatives shall, at the several periods
of making such enumeration, be fixed by the General Assembly, and
apportioned among the several counties, according to the number of
white male inhabitants, above twenty-one years of age in each; and
shall never be less than twenty-five nor greater than thirty-six,
until the number of white male inhabitants above twenty-one years of
age, shall be twenty-two thousand; and after that event, at such
ratio, that the whole number of Representatives shall never be less
than thirty-six, nor exceed one hundred.
Sect.
3. The Representatives shall be chosen annually, by the qualified
electors of each County respectively on the first Monday of August.
Sect.
4. No person shall be a Representative, unless he shall have
attained the age of twenty-one years, and shall be a Citizen of the
united States, and an inhabitant of this state, and shall also have
resided within the limits of the County, in which he shall be
chosen, one year next proceeding his election; if the County shall
have been so long erected, but if not, then within the limits of the
County, in which he shall be chosen, one year next proceeding his
election; if the County shall have been so long erected, but if not,
then within the limits of the County or Counties out of which it
shall have been taken; unless he shall have been absent on the
public business of the united States, or of this state, and shall
have paid a State or County tax.
Sect.
5. The Senators shall be chosen for three years, on the first Monday
in August, by the qualified voters for Representatives; and on their
being convened, in consequence of the first election, they shall be
divided by lot, from their respective Counties, or districts, as
near as can be, into three classes; the seats of the senators of the
first class shall be vacated at the expiration of the first year;
& the second class, at the expiration of the second year; and of
the third class, at the expiration of the third year; so that one
third thereof, as near as possible, may be annually chosen forever
thereafter.
Sect.
6. The number of senators shall, at the several periods of making
the enumeration before mentioned, be fixed by the General Assembly,
and apportioned among the several Counties or districts, to be
established by law, according to the number of white male
inhabitants of the age of twenty-one years in each, and shall never
be less than one third, nor more than one half of the number of
Representatives.
Sect.
7. No person shall be a senator, unless he shall have attained the
age of twenty-five years, and shall be a Citizen of the united
States, and shall, next proceeding the election, have resided two
years in the state, the last twelve months of which, in the County
or district in which he may be elected; if the county or district
shall have been so long erected, but if not, then within the limits
of the County, or Counties, district or districts, out of which the
same shall have been taken; unless he shall have been absent on the
public business of the united States, or of this state, and shall
moreover, have paid a State or County tax.
Sect.
8. The house of Representatives, when assembled, shall choose a
Speaker, and its other officers, and the Senate shall choose its
officers, except the president; and each shall be judges of the
qualifications and elections of its members; and sit upon its own
adjournments. Two thirds of each house shall constitute a quorum to
do business, but a smaller number may adjourn from day to day, and
compel the attendance of absent members.
Sect.
9. Each house shall keep a Journal of its proceedings, and publish
them: The yeas and nays of the members, on any question, shall, at
the request of any two of them. be entered on the Journals.
Sect.
10. Any one member of either house, shall have liberty to dissent
from, and protest against any act or resolution, which he may think
injurious to the public, or any individual or individuals, and have
the reason of his dissent entered on the Journals.
Sect.
11. Each house may determine the rules of its proceedings, punish
its members for disorderly behavior, and, with the concurrence of
two-thirds, expel a member, but not a second time for the same
cause; and shall have all other powers necessary for a branch of the
Legislature of a free and independent State.
Sect.
12. When vacancies happen in either branch of the General Assembly,
the Governor, or the person exercising the power of Governor, shall
issue writs of election to fill such vacancies.
Sect.
13. Senators and Representatives shall, in all cases except treason,
felony, or breach of the peace, be privileged from arrest, during
the Session of the General Assembly, and in going to, or returning
from the same; and for any Speech or debate in either house, they
shall not be questioned in any other place.
Sect.
14. Each house may punish, by imprisonment, during their Session,
any person, not a member, who shall be guilty of any disrespect to
the house, by any disorderly, or contemptuous behavior in their
presence; provided such imprisonment shall not, at any one time,
exceed twenty-four hours.
Sect.
15. The doors of each house, and of committees of the whole, shall
be kept open, excepting such cases as, in the opinion of the House,
may require secrecy. Neither house shall, without the consent of the
other, adjourn for more than two days, nor to any other place than
that in which the two houses shall be sitting.
Sect.
16. Bills may originate in either house, but may be altered, amended
or rejected by the other.
Sect.
17. Every bill shall be read on three different days in each house,
unless, in case of urgency, two-thirds of the house, when such bill
may be depending, shall deem it expedient to dispense with this
rule: And every bill having passed both houses, shall be signed by
the president and speaker of their respective houses.
Sect.
18. The style of the laws of this State shall be, "Be it
enacted by the General assembly of the State of Indiana."
Sect.
19. All bills for raising revenue shall originate in the house of
Representatives, but the senate may amend or reject, as in other
bills.
Sect.
20. No person, holding any office under the authority of the
President of the United States, or of this State, Militia officers
excepted, shall be eligible to a seat in either branch of the
General Assembly; unless he resign his office, previous to his
election; nor shall any member of either branch of the General
Assembly, during the time for which he is elected, be eligible to
any office, the appointment of which is vested in the General
Assembly: Provided That nothing, in this constitution, shall be so
construed, as to prevent any member of the first Session of the
first General Assembly from accepting any office, that is created by
this constitution, or the Constitution of the united States, and the
salaries of which are established.
Sect.
21. No money shall be drawn from the Treasury but in consequence of
appropriations made by law.
Sect.
22. An accurate Statement of the receipts and expenditures of the
public money shall be attached to, and published with the laws, at
every annual session of the General Assembly.
Sect.
23. The house of Representatives shall have the sole power of
impeaching; but a majority of all the members elected must concur in
such impeachment. All impeachments shall be tried by the senate, and
when sitting for that purpose, the senators shall be upon oath or
affirmation to do justice according to law and evidence. No person
shall be convicted without the concurrence of a majority of all the
senators elected.
Sect.
24. The Governor, and all civil officers of the State, shall be
removed from office, on impeachment for, and conviction of treason,
bribery, or other high crimes and misdemeanors; but Judgment in such
cases, shall not extend further than removal from office, and
disqualification to hold any office of honor, profit, or trust,
under this State. The party, whether convicted or acquitted shall,
nevertheless, be liable to indictment trial, judgment, and
punishment, according to law.
Sect.
25. The first session of the General Assembly shall commence on the
first Monday of November next, and forever after, the General
Assembly shall meet on the first Monday in December, in every year,
and at no other period, unless directed by law, or provided for by
this Constitution.
Sect.
26. No person, who hereafter may be a collector, or holder of public
money, shall have a seat in either house of the General Assembly,
until such person shall have accounted for, and paid into the
Treasury all sums for which he may be accountable.
ARTICLE
IV.
Sect.
1st. The Supreme Executive power of this State shall be vested in a
Governor, who shall be styled, the Governor of the State of Indiana.
Sect.
2. The Governor shall be chosen by the qualified electors, on the
first Monday in August, at the places where they shall respectively
vote for Representatives. The returns of every election for Governor
shall be sealed up and transmitted to the seat of Government,
directed to the speaker of the house of Representatives, who shall
open and publish them in the presence of both houses of the General
assembly. The person having the highest number of votes shall be governor,
but if two or more shall be equal, and highest in votes, one of them
shall be chosen Governor by the joint vote of the members of both
houses. Contested elections shall be determined by a committee, to
be selected from both houses of the General assembly and formed and
regulated in such manner as shall be directed by law.
Sect.
3. The Governor shall hold his office during three years, from and
after the third day of the first session of the General assembly,
next ensuing his election, and until a successor shall be chosen and
qualified, and shall not be capable of holding it longer than six
years in any term of nine years.
Sect.
4. He shall be at least thirty years of age, and shall have been a
citizen of the united States ten years, and have resided in the
State five years next preceding his Election; unless he shall have
been absent on the business of the State, or of the United States;
provided that this shall not disqualify any person from the office
of Governor, who shall be a citizen of the United States, and Shall
have resided in the Indiana Territory two years next preceding the
adoption of this Constitution.
Sect.
5. No member of Congress, or person holding any office under the
united States, or this State, shall exercise the office of Governor,
or Lieutenant Governor.
Sect.
6. The Governor shall, at Stated times, receive for his services a
compensation, which shall neither be increased nor diminished during
the term for which he shall have been elected.
Sect.
7. He shall be commander in chief of the army and Navy of this State
and of the Militia thereof, except when they shall be called into
service of the United States, but he shall not command personally in
the field unless he shall be advised so to do by a resolution of the
General assembly.
Sect.
8. He shall nominate, and, by and with the advice and consent of the
senate, appoint and commission all officers, the appointment of
which is not otherwise directed by this Constitution, and all
offices which may be created by the General Assembly, shall be
filled in such manner as may be directed by law.
Sect.
9. Vacancies that may happen in offices, the appointment of which is
vested in the Governor, and senate, or in the General Assembly,
shall be filled by the Governor, during the recess of the General
Assembly, by granting Commissions that shall expire at the end of
the next Session.
Sect.
10. He shall have power to remit fines and forfeitures, grant
reprieves and pardons, except in cases of impeachments.
Sect.
11. He may require information in writing, from the officers in the
executive department, upon any subject relating to the duties of
their respective offices.
Sect.
12. He shall, from time to time, give to the General Assembly
information of the affairs of the State, and recommend to their
consideration, such measures as he shall deem expedient.
Sect.
13. He may, in extraordinary occasions, convene the General Assembly
at the seat of Government, or at a different place, if that shall
have become, since their last adjournment, dangerous from an enemy,
or from contagious disorders, and in case of a disagreement between
the two houses with respect to the time of adjournment, adjourn them
to such time as he shall think proper, not beyond the time of their
next annual Session.
Sect.
14. He shall take care that the laws be faithfully executed.
Sect.
15. A Lieutenant Governor shall be chosen at every election for a
Governor, in the same manner, continue in office for the same time,
and possess the same qualifications. In voting for Governor, and
Lieutenant Governor, the electors shall distinguish whom they vote
for as Governor, and whom, as Lieutenant Governor.
Sect.
16. He shall, by virtue of his office, be President of the Senate,
have a right, when in Committee of the whole, to debate and vote on
all subjects, and when the senate are equally divided, to give the
casting vote.
Sect.
17. In case of impeachment of the Governor, his removal from office,
death, refusal to qualify, resignation, or absence from the State,
the Lieutenant Governor shall exercise all the powers and authority
appertaining to the office of Governor, until another be duly
qualified, or the Governor absent, or impeached, shall return, or be
acquitted.
Sect.
18. Whenever the Government shall be administered by the Lieutenant
Governor, or he shall be unable to attend as President of the
senate, the senate shall elect one of their own members as president
for that occasion. And if during the vacancy of the office of
Governor, the Lieutenant Governor shall be impeached, removed from
office, refuse to qualify, resign, die, or be absent from the State,
the President of the senate pro tem, shall in like manner administer
the Government, until he shall be superseded by a Governor or
Lieutenant Governor. The Lieutenant Governor, while he acts as
president of the senate, shall receive, for his services the same
Compensation which shall, for the same period, be allowed to the
Speaker of the house of Representatives and no more: and during the
time he administers the Government as Governor, shall receive the
same compensation which the governor would have received, and been
entitled to, had he been employed in the duties of his office, and
no more.
Sect.
19. The President pro tempore of the senate, during the time he
administers the Government, shall receive in like manner, the same
compensation, which the Governor would have received, had he been
employed in the duties of his office, and no more.
Sect.
20. If the Lieutenant Governor shall be called upon to administer
the Government, and shall, while in such administration, resign,
die, or be absent from the State, during the recess of the General
Assembly, it shall be the duty of the Secretary of State, for the
time being, to convene the Senate for the purpose of choosing a
president pro tempore.
Sect.
21. A secretary of state shall be chosen by the joint ballot of both
houses of the General Assembly, and be commissioned by the Governor
for four years, or until a new secretary be chosen and qualified. He
shall keep a fair register, and attest all the official acts and
proceedings of the Governor, and shall, when required, lay the same
and all papers, minutes and vouchers, relative thereto, before
either house of the General assembly, and shall perform such other
duties as may be enjoined him by law.
Sect.
22. Every bill, which shall have passed both houses of the General
assembly, shall be presented to the Governor: if he approve, he
shall sign it; but if not, he shall return it with his objections,
to the house in which it have originated, who shall enter the
objections at large upon their Journals and proceed to reconsider
it; if after such reconsideration, a majority of all the members
elected to that house shall agree to pass the bill, it shall be
sent, with the objections, to the other house, by which it shall
likewise be reconsidered, and if approved by a majority of all the
members elected to that house, it shall be a law; but, in such cases
the votes of both houses shall be determined by yeas and nays, and
the names of the persons voting for, and against the bill, shall be
entered on the Journals of each house respectively. If any bill
shall not be returned by the Governor within five days (Sundays
excepted) after it shall have been presented to him, it shall be a
law, in like manner as if he had signed it; unless the General
adjournment prevents its return, in which case it shall be a law,
unless sent back within three days after their next meeting.
Sect.
23. Every resolution, to which the concurrence of both houses may be
necessary, shall be presented to the Governor, and before it shall
take effect, be approved by him, or being disapproved, shall be re
passed by a majority of all the members elected to both houses,
according to the rules and limitations prescribed in case of a bill.
Sect.
24. There shall be elected, by joint ballot of both houses of the
General Assembly, a Treasurer, and Auditor, whose powers and duties
shall be prescribed by law, and who shall hold their offices three
years, and until their successors be appointed and qualified.
Sect
25. There shall be elected in each County, by the qualified electors
thereof, one Sheriff, and one Coroner, at the times and places of
holding elections for members of the General assembly. They shall
continue in office two years, and until successors shall be chosen
and duly qualified: provided, that no person shall be eligible to
the office of sheriff more than four years in any term of six years.
Sect.
26. There shall be a seal of this State, which shall be kept by the
Governor and used by him officially, and shall be called, the seal
of the State of Indiana.
ARTICLE
V.
Sect.
1st. The Judiciary power of this State, both as to matters of law
and equity, shall be vested in one Supreme Court, in Circuit Courts,
and in such other inferior Courts, as the General Assembly may from
time to time, direct and establish.
Sect.
2nd. The Supreme Court shall consist of three Judges, any two of
whom shall form a quorum, and shall have appellate Jurisdiction only
which shall be co-extensive with the limits of the State, under such
restriction, and regulations, not repugnant to this constitution, as
may from time to time be prescribed by law. Provided nothing in this
article shall be so construed, as to prevent the General Assembly
from giving the Supreme Court original Jurisdiction in Capital
cases, and cases in chancery, where the President of the Circuit
Court, may be interested or prejudiced.
Sect.
3rd. The Circuit Courts shall each consist of a President, and two
associate Judges. The State shall be divided by law into three
circuits, for each of which, a president shall be appointed, who
during his continuance in office, shall reside therein. The
President and associate Judges, in their respective Counties, shall
have Common law and chancery Jurisdiction, as also complete criminal
Jurisdiction, in all such cases and in such manner, as may be
prescribed by law. The President alone, in the absence of the
associate Judges, or the President and one of the associate Judges,
in the absence of the other shall be competent to hold a Court, as
also the two associate Judges, in the absence of the President,
shall be competent to hold a Court, except in capital cases, and
cases in chancery, provided, that nothing herein contained, shall
prevent the General Assembly from increasing the number of circuits,
and Presidents, as the exigencies of the State may from time to time
require.
Sect.
4. The Judges of the supreme Court, the Circuit, and other inferior
Courts, shall hold their offices during the term of seven years, if
they shall so long behave well, and shall at stated times receive
for their services, a compensation which shall not be diminished,
during their continuance in office.
Sect.
5. The Judges of the Supreme Court shall be virtue of their offices,
be conservators of the peace throughout the State, as also the
Presidents of the Circuit Courts, in their respective Circuits, and
the associate Judges in their respective Counties.
Sect.
6. The Supreme Court shall hold its sessions at the seat of
Government, at such times as shall be prescribed by law: And the
circuit Courts shall be held in the respective Counties as may be
directed by law.
Sect.
7. The Judges of the supreme Court shall be appointed by the
Governor, by and with the advice, and consent of the senate. The
Presidents of the circuit Courts shall be appointed by Joint Ballot
of both branches of the General Assembly, and the associate Judges
of the Circuit Courts, shall be elected by the qualified electors in
the respective Counties.
Sect.
8. The supreme Court shall appoint its own Clerk, and the clerks of
the circuit Court, in the several Counties, shall be elected by the
qualified electors, in the several Counties, but no person shall be
eligible to the office of clerk of the Circuit Court in any County,
unless he shall first have obtained, from one or more of the Judges
of the Supreme Court, or from one or more of the Presidents of the
Circuit Courts, a certificate that he is qualified to execute the
duties of the office of Clerk of the circuit Court; provided that
nothing herein Contained shall prevent the circuit Courts in each
County, from appointing a clerk pro tem, until a qualified Clerk may
be duly elected, and provided also, that the said clerks
respectively when qualified, and elected, shall hold their offices
seven years, and no longer, unless re-appointed.
Sect.
9. All clerks shall be removable by impeachment as in other cases.
Sect.
10. When any vacancies happen in any of the Courts occasioned by the
death, resignation, or removal from office of any Judge of the
supreme, or Circuit Courts, or any of the clerks of the said Courts,
a successor shall be appointed in the same manner, as herein before
prescribed, who shall hold his office for the period which his
predecessor had to serve, and no longer unless re-appointed.
Sect.
11. The style of all process shall be "The State of
Indiana." All prosecutions shall be carried on in the name and
by the authority of the State of Indiana; and all indictments shall
conclude, against the peace and dignity of the same.
Sect.
12. A competent number of Justices of the peace shall be elected by
the qualified electors in each Township, in the several Counties,
and shall continue in office five years, if they shall so long
behave well, whose powers, and duties shall, from time to time, be
regulated and defined by law.
ARTICLE
VI.
Sect.
1st. In all elections, not otherwise provided for by this
constitution, every white male Citizen of the united States, of the
age of twenty-one years and upwards, who has resided in the State, one
year immediately preceding such election, shall be entitled to vote in
the County where he resides; except such as shall be enlisted in the
army of the united States or their allies.
Sect.
2. All elections shall be by ballot; provided that the General
Assembly may, if they deem it more expedient at their Session in
eighteen hundred and twenty-one, change the mode so as to vote viva
voce, after which time it shall remain unalterable.
Sect.
3. Electors shall in all cases, except treason felony, or breach of
the peace, be free from arrest, in going to, during their attendance
at, and in returning home from elections.
Sect.
4. The General Assembly shall have full power to exclude from
electing, or being elected, any person convicted of any infamous
crime.
Sect.
5. Nothing in this article shall be so construed as to prevent
citizens of the united States, who were actual residents at the time
of adopting this constitution, and who, by the existing laws of this
Territory are entitled to vote or persons who have been absent from
home on a visit, or necessary business, from the privilege of
electors.
ARTICLE
VII.
Sect.
1st. The Militia of the State of Indiana shall consist of all free
able bodied male persons; Negroes, Mulattoes and Indians excepted,
resident in the said state, between the ages of eighteen, and
forty-five years, except such persons as now are, or hereafter may
be exempted by the laws of the United States, or of this State; and
shall be armed, equipped, and trained, as the general Assembly may
provide by law.
Sect.
2. No person or persons conscientiously scrupulous of bearing arms,
shall be compelled to do Militia duty; provided such person or
persons shall pay an equivalent for such exemption; which equivalent
shall be collected annually, by a civil officer, and be hereafter
fixed by law, and shall be equal as near as may be, to the lowest
fines assessed on those privates in the Militia, who may neglect or
refuse to perform Militia duty.
Sect.
3. Captains and subalterns shall be elected by those persons in
their respective Company districts, who are subject to perform
Militia duty, and the captain of each Company shall appoint the
non-commissioned officers to said company.
Sect.
4. Majors shall be elected by those persons within the bounds of
their respective Battalion districts, subject to perform Militia
duty, and Colonels shall be elected by those persons within the
bounds of their respective Regimental districts, subject to perform
Militia duty.
Sect.
5. Brigadier Generals shall be elected by the commissioned officers
within the bounds of their respective brigades, and Major Generals
shall be elected by the Commissioned officers within the bounds of
their respective Divisions.
Sect.
6. Troops and squadrons of Cavalry, and companies of Artillery
riflemen, grenadiers, or light infantry, may be formed in the said
state, in such manner as shall be prescribed by law: provided,
however, that every troop or squadron of Cavalry, company of
Artillery, riflemen, grenadiers, or light infantry which may
hereafter be formed within the said state, shall elect their own
officers.
Sect.
7. The Governor shall appoint the adjutant general, and
quarter-master generals, as also his aids de camp.
Sect.
8. Major Generals shall appoint their aids de camp, and all other
Division Staff officers; Brigadier Generals shall appoint their
Brigade Majors, and all other Brigade Staff officers; and Colonels
shall appoint their Regimental Staff officers.
Sect.
9. All militia officers shall be commissioned by the Governor, and
shall hold their Commissions during good behavior, or until they
arrive at the age of sixty years.
Sect.
10. The General Assembly shall, by law, fix the method of dividing
the militia of the said State, into Divisions, Brigades, Regiments,
Battalions, and Companies, and shall also fix the rank of all staff
officers.
ARTICLE
VIII.
Sect.
1. Every twelfth year, after this constitution shall have taken
effect, at the general election held for Governor there shall be a
poll opened, in which the qualified Electors of the State shall
express, by vote, whether they are in favor of calling a convention,
or not, and if there should be a majority of all the votes given at
such election, in favor of a convention, the Governor shall inform
the next General Assembly thereof, whose duty it shall be to
provide, by law, for the election of the members to the convention,
the number thereof, and the time and place of their meeting; which
law shall not be passed unless agreed to by a majority of all the
members elected to both branches of the General assembly, and which
convention, when met, shall have it in their power to revise, amend,
or change the constitution. But, as the holding any part of the
human Creation in slavery, or involuntary servitude, can only
originate in usurpation and tyranny, no alteration of this
constitution shall ever take place so as to introduce slavery or
involuntary servitude in this State, otherwise than for the
punishment of crimes, whereof the party shall have been duly
convicted.
ARTICLE
VIII.
Sect.
1. Every twelfth year, after this constitution shall have taken
effect, at the general election held for Governor there shall be a
poll opened, in which the qualified Electors of the State shall
express, by vote, whether they are in favor of calling a convention,
or not, and if there should be a majority of all the votes given at
such election, in favor of a convention, the Governor shall inform
the next General Assembly thereof, whose duty it shall be to
provide, by law, for the election of the members to the convention,
the number thereof, and the time and place of their meeting; which
law shall not be passed unless agreed to by a majority of all the
members elected to both branches of the General assembly, and which
convention, when met, shall have it in their power to revise, amend,
or change the constitution. But, as the holding any part of the
human Creation in slavery, or involuntary servitude, can only
originate in usurpation and tyranny, no alteration of this
constitution shall ever take place so as to introduce slavery or
involuntary servitude in this State, otherwise than for the
punishment of crimes, whereof the party shall have been duly
convicted.
ARTICLE
IX.
Sect.
1st. Knowledge and learning generally diffused, through a community,
being essential to the preservation of a free Government, and
spreading the opportunities, and advantages of education through the
various parts of the Country, being highly conductive to this end,
it shall be the duty of the General Assembly to provide, by law, for
the improvement of such lands as are, or hereafter may be granted,
by the united States to this state, for the use of schools, and to
apply any funds which may be raised from such lands, or from any
other quarters to the accomplishment of the grand object for which
they are or may be intended. But no lands granted for the use of
schools or seminaries of learning shall be sold by authority of this
state, prior to the year eighteen hundred and twenty; and the monies
which may be raised out of the sale of any such lands, or otherwise
obtained for the purposes aforesaid, shall be and remain a fund for
the exclusive purpose of promoting the interest of Literature, and
the sciences, and for the support of seminaries and public schools.
The General Assembly shall from, time to time, pass such laws as
shall be calculated to encourage intellectual, Scientific, and
agricultural improvement, by allowing rewards and immunities for the
promotion and improvement of arts, sciences, commence, manufactures,
and natural history; and to countenance and encourage the principles
of humanity, honesty, industry, and morality.
Sect.
2. It shall be the duty of the General assembly, as soon as
circumstances will permit, to provide, by law, for a general system
of education, ascending in a regular gradation, from township
schools to a state university, wherein tuition shall be gratis, and
equally open to all.
Sect.
3. And for the promotion of such salutary end, the money which shall
be paid, as an equivalent, by persons exempt from militia duty
except, in times of war, shall be exclusively, and in equal
proportion, applied to the support of County seminaries; also all
fines assessed for any breach of the penal laws, shall be applied to
said seminaries, in the Counties wherein they shall be assessed.
Sect.
4. It shall be the duty of the General assembly, as soon as
circumstances will permit, to form a penal Code, founded on the
principles of reformation, and not of vindictive Justice: and also
to provide one or more farms to be an asylum for those persons, who
by reason of age, infirmity, or other misfortunes, may have a claim
upon the aid and beneficence of society; on such principles, that
such persons may therein, find employment, and every reasonable
comfort and lose, by their usefulness, the degrading sense of
dependence.
Sect.
5. The General Assembly, at the time they lay off a new County,
shall cause, at least, ten per cent to be reserved out of the
proceeds of the sale of town lots, in the seat of Justice of such
county, for the use of a public library for such County, and at the
same session, they shall incorporate a library company, under such
rules and regulations as will best secure its permanence, and extend
its benefits.
ARTICLE
X.
Sect.
1st. There shall not be established or incorporated, in this state,
any Bank or Banking company or moneyed institution, for the purpose
of issuing bills of credit, or bills payable to order or bearer;
Provided that nothing herein contained shall be so construed as to
prevent the General assembly from establishing a State Bank, and
branches, not exceeding one branch for any three Counties, and be
established at such place, within such Counties, as the directors of
the State Bank may select; provided there be subscribed, and paid in
specie, on the part of individuals, a sum equal to thirty thousand
dollars: Provided also, that the Bank at Vincennes, and the Farmers'
and Mechanics' Bank of Indiana, at Madison, shall be considered as
incorporated Banks, according to the true tenor of the charters
granted to said Banks, by the Legislature of the Indiana Territory:
Provided that nothing herein contained shall be so construed, as to
prevent the General Assembly from adopting either of the aforesaid
Banks as the State Bank: and in case either of them shall be adopted
as the State Bank, the other may become a branch, under the rules
and regulations herein before prescribed.
ARTICLE
XI.
1st.
Every person who shall be chosen, or appointed to any office of
trust or profit, under the authority of this state, shall, before
entering on the duties of said office, take an oath or affirmation,
before any person lawfully authorized to administer oath or
affirmation, before any person lawfully authorized to administer
oaths, to support the constitution of the united States, and the
constitution of this state, and also an oath of office.
2d.
Treason against this state, shall consist only in levying war
against it, in adhering to its enemies, or giving them aid and
comfort.
3d.
No person shall be convicted of treason, unless on the testimony of
two witnesses to the same overt act, or his own confession in open
court.
4th.
The manner of administering an oath, or affirmation, shall be such
ass is most consistent with the conscience of the deponent, and
shall be esteemed the most solemn appeal to God.
5th.
Every person shall be disqualified from serving as Governor,
Lieutenant Governor, Senator, or Representative, for the term for
which he shall have been elected, who shall have been convicted of
having given, or offered, any bribe, treat, or reward to procure his
election.
6th.
All officers shall reside within the state; and all District,
County, or Town officers, within their respective Districts,
Counties, or towns (the trustees of the town of Clarkesville
excepted) and shall keep their respective offices, at such places
therein, as may be directed by law; and all Militia officers shall
reside within the bounds of the Division, Brigade, Regiment,
Battalion or company to which they may severally belong.
7th.
There shall be neither slavery nor involuntary servitude in this
state, otherwise than for the punishment of crimes, whereof the
party shall have been duly convicted. Nor shall any indenture of any
negro or mulatto hereafter made, and executed out of the bounds of
this state be of any validity within the state.
8th.
No act of the General assembly shall be in force until it shall have
been published in print, unless in cases of emergency.
9th.
All commissions shall be in the name, and by the authority of the
State of Indiana; and sealed with the State Seal, and signed by the
Governor, and attested by the secretary of state.
10th.
There shall be elected in each county a Recorder, who shall hold his
office during the term of seven years, if he shall so long behave
well: Provided that nothing herein contained shall prevent the
clerks of the circuit Courts from holding the office of recorder.
11th.
Corydon, in Harrison County shall be the seat of Government of the
state of Indiana, until the year eighteen hundred and twenty-five,
and until removed by law.
12.
The General assembly, when they lay off any new county, shall not
reduce the old county, or counties, from which the same shall be
taken to a less content than four hundred square miles.
13.
No persons shall hold more than on lucrative office at the same
time, except as in this constitution is expressly permitted.
14.
No person shall be appointed as a County officer, within any county,
who shall not have been a citizen and an inhabitant therein one year
next preceding his appointment; if the county shall have been so
long erected, but if the county shall not have been so long erected,
then within the limits of the county or counties, out of which it
shall have been taken.
15.
All town, and township officers shall be appointed in such manner as
shall be directed by law.
16.
The following officers of Government shall not be allowed greater
annual salaries, until the year eighteen hundred and nineteen than
as follows--The Governor one thousand dollars. The Secretary of
State, four hundred dollars. The Auditor of public accounts four
hundred dollars. the Treasurer four hundred dollars. The judges of
the supreme court eight hundred dollars each. The Presidents of the
Circuit Courts eight hundred dollars each, and the members of the
General assembly, not exceeding two dollars per day each, during
their attendance on the same, and two dollars for every twenty five
miles they shall severally travel on the most usual route, in going
to, and returning from the General assembly: after which time their
pay shall be regulated by law. But no law, passed to increase the
pay of the members of the General assembly, shall take effect, until
after the close of the session at which such law shall have been
passed.
17.
In order that the boundaries of the state of Indiana may more
certainly be known & established; It is hereby ordained and
declared, that the following shall be, and forever remain the
boundaries of the said state to wit, Bounded on the east by the
meridian line which forms the western boundary of the state of Ohio,
On the south by the Ohio river, from the mouth of the Great Miami
river, to the mouth of the river Wabash; On the west by a line drawn
along the middle of the Wabash river from its mouth to a point,
where a due north line drawn from the town of Vincennes, would last
touch the northwestern shore of the said Wabash River; and from
thence by a due north line until the same shall intersect an east
and west line, until drawn through a point ten miles north of the
southern extreme of lake Michigan; On the north by said east and
west line, until the same shall intersect the first mentioned
meridian line, which forms the western boundary of the State of
Ohio.
ARTICLE
XII.
Sect.
1st. That no evils or inconvenience may arise from the change of a
Territorial Government to a permanent State Government, it is declared
by this Convention that all rights, suits, actions, prosecutions, recognizance's,
contracts, and claims, both as it respects individuals and bodies
corporate, shall continue as if no change had taken place in this
Government.
Sect.
2. All fines penalties and forfeitures, due, and owing to the
Territory of Indiana or any County therein, shall inure to the use of
the State or County. All bonds executed to the Governor, or any other
officer in his official Capacity in the Territory, shall pass over to
the Governor or other officers of the State or County, and their
successors in office, for the use of the State or County, or by him or
them to be respectively assigned over to the use of those concerned as
the case may be.
Sect.
3. The Governor, secretary, and Judges, and all other officers both
civil and military, under the Territorial Government, shall continue
in the exercise of the duties of their respective departments, until
the said officers are superseded under the authority of this
constitution.
Sect.
4. All laws and parts of laws now in force in this Territory not
inconsistent with this constitution, shall continue and remain in full
force and effect, until they expire or be repealed.
Sect.
5. The Governor shall use his private seal, until a state seal be
procured.
Sect.
6th. The Governor, secretary of state, auditor of public accounts, and
Treasurer, shall severally reside and keep all the public records
books, and papers in any manner relating to their respective offices,
at the seat of Government; provided notwithstanding that nothing
herein contained shall be so construed, as to affect the residence of
the Governor for the space of six months, and until buildings suitable
for his accommodation, shall be procured at the expense of the state.
Sect.
7th. All suit, pleas, plaints and other proceedings now depending in
any Court of record or Justices Courts shall be prosecuted to final
Judgment and execution and all appeals, writs of error certiorari
injunction or other proceedings whatsoever, shall progress and be
carried on in the respective Court or Courts in the same manner as is
now provided by law, and all proceedings had therein in as full and
complete a manner as if this constitution were not adopted. And
appeals and writs of error may be taken from the circuit court, and
General Court, now established in the Indiana Territory, to the
supreme court, in such manner as shall be provided for by law.
Sect.
8. The President of this convention shall issue writs of election,
directed to the several sheriffs of the several Counties, requiring
them to cause an election to be held for a Governor, Lieutenant
Governor, a Representative to the Congress of the united States,
Members of the General Assembly, sheriffs and Coroners, at the
respective election districts in each County on the first Monday in
August next: which election shall be conducted in the manner
prescribed by the existing election laws of the Indiana Territory; and
the said Governor, Lieutenant Governor, members of the General
Assembly, sheriffs and coroners, then duly elected, shall continue to
exercise the duties of their respective offices for the time
prescribed by this constitution and until their successor or
successors are qualified, and no longer.
Sect.
9. Until the first enumeration shall be made, as directed by this
constitution, the County of Wayne shall be entitled to one senator,
and three Representatives; the County of Franklin, one senator and
three Representatives the County of Dearborn, one senator, and two
Representatives; the County of Switzerland, one Representative and the
County of Jefferson and Switzerland one senator and the County of
Jefferson two Representatives; the County of Clark one senator, and
three Representatives; the County of Harrison, Orange, and Jackson one
senator and the County of Washington two Representatives; the Counties
of Orange and Jackson one Representative each; the County of Knox one
senator, and three Representatives; and County of Gibson one senator
and two representatives; the Counties of Posey Warrick and Perry one
senator, and each of the aforesaid Counties of Posey, Warrick, and
Perry, one Representative.
Sect.
10. All books, records, documents, warrants and papers, appertaining
and belonging to the office of the Territorial Treasurer of the
Indiana Territory; and all monies therein, and all papers and
documents in the office of the Secretary of said Territory, shall be
disposed of as the General Assembly of this State may direct.
Sect.
11. All suits, actions, pleas, plaints, prosecutions, and causes
whatsoever, and all records, Books, papers and documents now in the
General Court, may be transferred to the supreme Court established by
this constitution. And all causes, suits, actions, pleas, plaints, and
prosecutions whatsoever, now existing or pending in the circuit Courts
of this Territory, or which may be therein at the change of
Government, and all records, books, papers and documents relating to
the said suits, or filed in the said Courts, may be transferred over
to the circuit Courts established by this constitution, under such
rules and regulations, as the General Assembly may direct.
Done
in Convention at Corydon, on the twenty ninth day of June in the year
of our Lord eighteen hundred and sixteen, and of the Independence of
the United States the fortieth.
In
witness whereof we have hereunto subscribed our names.
JONATHAN
JENNINGS,
President
of the Convention and
Delegate
from the County of Clark.
Delegates
in Convention from the County of Clark.
Thomas
Carr,
John
K. Graham,
James
Lemon
James
Scott,
Delegates
in Convention from the County of Dearborn.
James
Dill,
Ezra
Ferris,
Solomon
Manwaring,
Delegates
in Convention from the County of Franklin.
James
Brownlee,
William
H. Eads,
Robert
Hanna,
Enoch
McCarty,
James
Noble,
Delegates
in Convention from the County of Gibson.
Alexander
Devin,
Fredc
Rapp,
David
Robb,
James
Smith,
Delegates
in Convention from the County of Harrison.
John
Boone,
Davis
Floyd,
Daniel
C. Lane
Dennis
Pennington,
Patrick
Schields,
Delegates
in Convention from the County of Jefferson.
Nath'l
Hunt,
David
H. Maxwell,
Samuel
Smocke,
Delegates
in Convention from the County of Knox.
John
Badollet,
John
Benefiel,
Jno.
Johnson,
Wm.
Polke,
B.
Parke,
Delegate
from the County of Perry.
Charles
Polke,
Delegate
from the County of Posey.
Dann
Lynn,
Delegate
from the County of Switzerland.
William
Cotton,
[Delegates
in Convention from the County of Washington.]
John
De Pauw,
William
Graham,
William
Lowe,
Samuel
Milroy,
Robert
McIntire,
[Delegates
in Convention from the County of Wayne.]
Patrick
Beard,
Jeremiah
Cox,
Hugh
Cull,
Joseph
Holeman,
Attest,
William
Hendricks, Secretary.
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