Skip to main content

Full text of "Constitution of the state of Indiana and amendments"

See other formats


UNIVERSITY 

OF PITTSBURGH 

LIBRARY 

c?. >■>-«. 'v-<f> Dar . Rm . 
S^;M§ X:\-c JK5625 

%.^:^ A6 

THIS BOOK PRESENTED BY 

Francis Thorpe 



Digitized by the Internet Archive 

in 2009 with funding from 

University of Pittsburgh Library System 



http://www.archive.org/details/constitutionofstOOindi 




CONSTI TUTION 



STATE ♦OF INDIANA 



AMENDMENTS. 



BY AUTHORITY. 



Secretary of State 



Wil. B. BDBFOBD, PBINT£B, LITHOGBAPHEB AND BINDEB. 



CONSTITUTION OF THE STATE OF INDIANA. 



PREAMBLE. 



To the end that justice be established, public order maintained, 
and liberty perpetuated : We, the people of the State of 
Indiana, grateful to Almighty God for the free exercise of 
the right to choose our own form of government, do ordain 
this Constitution. 

ARTICLE L 

BILL OF RIGHTS. 

Section 1. We declare that all men are created equal; that 
they are endowed by their Creator with certain unalienable 
rights; that among these are life, liberty, and the pursuit of 
happiness ; that all power is inherent in the people ; and that 
all free governments are, and of right ought to be, founded on 
their authority, and instituted for their peace, safety, and well 
being. For the advancement of these ends, the people have 
at all times an indefeasible right to alter and reform their gov- 
ernment. 

Sec. 2. All men shall be secured in their natural right to 
worship Almighty God according to the dictates of their own 
consciences. 

Sec. 3. No law shall, in any case whatever, control the free 
exercise and enjoyment of religious opinions, or interfere with 
the rights of conscience. 

Sec. 4. No preference shall be given, by law, to any creed, 
religious society or mode of worship; and no man shall be 
compelled to attend, erect or support any place of worship, or 
to maintain any ministry against his consent. 



2 STATE OF INDIANA. 

Sec. 5. No religious test shall be required as a qualification 
for any office of trust or profit. 

Sec. 6. No money shall be drawn from the treasury for the 
benefit of any religious or theological institution. 

Sec. 7. No person shall be rendered incompetent as a wit- 
ness, in consequence of his opinion on matters of religion. 

Sec. 8, The mode of administering an oath or affirmation 
shall be such as may be most consistent with, and binding upon, 
the conscience of the person to whom such oath or affirmation 
may be administered. 

Sec. 9. No law shall be passed restraining the free inter- 
change of thought and opinion, or restricting the right to 
speak, write, or print, freely, on any subject whatever; but for 
the abuse of that right every person shall be responsible. 

Sec. 10. In all prosecutions for libel, the truth of the matters 
alleged to be libelous may be given in justification. 

Sec. 11. The right of the people to be secure in their per- 
sons, houses, papers and effects, against unreasonable search or 
seizure 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 person 
or thing to be seized. 

Sec. 12. All courts shall be open; and every man, for injury 
done to him, in his person, property or reputation, shall have 
remedy by due course of law. Justice shall be administered 
freely and without purchase; completely, and without denial; 
speedily, and without delay. 

Sec. 13. In all criminal prosecutions the accused shall have 
the right to a public trial, by an impartial jury in the county in 
which the otiense shall have been committed ; 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, and to have compulsory process for 
obtaining witnesses in his favor. 

Sec. 14. No person shall be put in jeopardy twice for the 
same oft'ense. No person, in any criminal prosecution, shall be 
compelled to testify against himself. 



CONSTITUTION. 6 

Sec. 15. No person arrested, or confined in jail, shall be 
treated with unnecessary rigor. 

Sec. 16. Excessive bail shall not be required. Excessive 
fines shall not be imposed. Cruel and unusual punishment 
shall not be inflicted. All penalties shall be proportioned to 
the nature of the oltense. 

Sec. 17. Offenses, other than murder or treason, shall be 
bailable by sufficient sureties. Murder or treason shall not be 
bailable when the proof is evident, or the presumption strong. 

Sec 18. The penal code shall be founded on the principles 
of reformation, and not of vindictive justice. 

Sec 19. In all criminal cases whatever, the jury shall have 
the right to determine the law and the facts. 

Sec. 20. In all civil cases the right of trial by jury shall re- 
main inviolate. 

Sec. 21. i^o man's particular services shall be demanded 
without just compensation. No man's property shall be taken 
by law without just compensation ; nor, except in case of the 
State, without such compensation first assessed and tendered. 

Sec. 22. The privilege of the debtor to enjoy the necessary 
comforts of life, shall be recognized by wholesome laws, ex- 
empting a reasonable amount of property from seizure or sale 
for the payment of any debt or liability hereafter contracted ; 
and there shall be no imprisonment for debt, except in case of 
fraud. 

Sec. 23. The General Assembly shall not grant to any citi- 
zen, or class of citizens, privileges or immunities which, upon 
the same terms, shall not equally belong to all citizens. 

Sec 24. No eo^^^os^ /ado law, or law impairing the obligation 
of contract, shall ever be passed. 

Sec 25. No law shall be passed, the taking effect of which 
shall be made to depend upon any authority, except as provided 
in this Constitution. 

Sec 26. The operation of the laws shall never be suspended 
except by the authority of the General Assembly. 

Sec 27. The privileges of the writ of habeas corpus shall 
not be suspended, except in case of rebellion or invasion, and 
then only if the public safety demand it. 



4 STATE OF INDIANA. 

Sec. '28. Treason against the State shall consist only in levy- 
ing war against it, and giving aid and comfort to its enemies. 

Sec. 29. No person shall be convicted of treason, except on 
the testimony of two witnesses to the same overt act, or upon 
liis confession in open court. 

Sec. 30. Xo conviction shall work corruption of blood or 
forfeiture of estate. 

Sec. 31. No law shall restrain any of the inhabitants of the 
State from assembling together, in a peaceable manner, to con- 
sult for their common good ; nor from instructing their repre- 
sentatives ; nor from applying to the General Assembly for 
redress of grievances. 

Sec. 32. The people shall have a right to bear arms for the 
del'ense of themselves and the State. 

Sec. o3. The military shall be kept in strict subordination 
to the civil power. 

Sec. 34. No soldier shall, in time of peace, be quartered in 
an}' house without the consent of the owner; nor in time of 
war but in a manner to be prescribed by law. 

Sec. 35. The General Assembly shall not grant any title of 
nobility, nor confer hereditary distinctions. 

Sec. 36. Emigration from the State shall not be prohibited. 

Sec 37. There shall be neither slavery nor involuntary servi- 
tude, v/ithin the State, otherwise than for the punishment of 
crime, whereof the party shall have been duly convicted. No 
indenture of any negro or mulatto, made or executed out of 
the bounds ot the State, shall be valid within the State. 

ARTICLE II. 

suffrage and election. 

Section 1. All elections shall be free and equal. 

Sec. 2. In all elections not otherwise provided for by this 
Constitution, every male citizen of the United States, of the 
age of twenty-one years and upwards, who shall have resided 
in the State during the six months, and in the township sixty 



CONSTITUTION. 5 

days, and in the ward or precinct thirty days immediately pre- 
ceding such election ; and every male of foreign birth, of the 
age of twenty one years and upwards, who shall have resided 
in the United States one year, and shall have resided in this 
State during the six months, and in the township sixty days, 
and in the ward or precinct thirty days, immediately preceding 
such election, and shall have declared his intention to become a 
citizen of the United States, conformably to the laws of the 
United States on the subject of naturalization, shall be entitled 
to vote in the township or precinct where he may reside, if he 
shall have been duly registered according to law. 

Sec. 3. No soldier, seaman or marine, in the army or navy 
of the United States, or their allies, shall be deemed to have 
acquired a residence in this State in consequence of having 
been stationed within the same; nor shall any such soldier, sea- 
man or marine, have the right to vote. 

Sec. 4. No person shall be deemed to have lost his residence 
in the State by reason of his absence either on business of the 
State or of the United States. 

Sec. 5. [Stricken out by constitutional amendment of March 
24, 1881.] 

Sec. 6. Every person shall be disqualilied from holding 
•office during the term for which he may have been elected, 
who shall have given or offered a bribe, threat, or reward to 
procure his election. 

Sec. 7. Every person who shall give or accept a challenge 
to fight a duel, or who shall knowingly carry to another per- 
son such challenge, or who shall agree to go out of the State to 
fight a duel, shall be ineligible to any office of trust or profit. 

Sec. 8. The General Assembly shall have power to deprive 
of the right of suftVage, and to render ineligible any person 
convicted of an infamous crime. 

Sec. 9. No person holding a lucrative office or appointment, 
under the United States, or under this State, shall be eligible to 
a seat in the General Assembly ; nor shall any person hold 
more than one lucrative office at the same time, except as in 
this Constitution expressly permitted: Provided, That offices in 
the militia, to which there is attached no annual salary, and the 
office of Deput}^ Postmaster, where the compensation does not 



b STATE OF INDIANA. 

exceed ninety dollars per annum, shall not be deemed lucrative ; 
And provided, also, That counties containing less than one thou- 
sand polls may confer the office of Clerk, Recorder and Auditor, 
or any two of said offices, upon the same person. 

Sec. 10. Xo person who may hereafter be a collector or 
holder of public moneys, shall be eligible to any office of trust 
or profit until he shall have accounted for and paid over, ac- 
cording to law, all sums for which he may be liable. 

Sec. 11. In all cases in which it is provided that an office 
shall not be filled by the same person more than a certain num- 
ber of years continuously, an appointment pro tempore shall not 
be reckoned a part of that term. 

Sec. 12. In all cases, except treason, felony and breach of 
the peace, electors shall be free from arrest in going to elections, 
during their attendance there, and in returning from the same. 

Sec. 13. All elections by the people shall be by ballot; and 
all elections by the General Assembly, or by either branch 
thereof, shall be viva voce. 

Sec. 14. All general elections shall be held on the first 
Tuesday after the first Monday in November; but township 
elections may be held at such time as may be provided by law : 
Provided, That the General Assembly may provide by law for 
the election of all judges of courts of general or appellate juris- 
diction, by an election to be held for such officers only, at 
which time no other officer shall be voted for ; and shall also 
provide for the registration of all persons entitled to vote. 



ARTICLE III. 



DISTRIBUTION OF POWERS. 

Section 1. The powers of the Government are divided into 
three separate departments: the Legislative, the Executive (in- 
cluding the Administrative), and the Judicial ; and no person 
charged with official duties under one of these departments 
shall exercise any of the functions of another except as in thi^ 
Constitution expressly provided. 



CONSTITUTION. 



ARTICLE IV. 



LEGISLATIVE. 



Section 1. The Legislative authority of the State shall be 
Tested in a General Assembly, which shall consist of a Senate 
and House of Representatives. The style of every law shall 
be, "Be it enacted by the General Assembly of the State of 
Indiana;" and no law shall be enacted except by bill. 

Sec. 2. The Senate shall not exceed fifty, nor the House of 
Representatives one hundred members ; and they shall be 
•chosen by the electors of the respective counties or districts 
into which the State may, from time to time, be divided. 

Sec. 3. Senators shall be elected for the term of four years, 
and Representatives for the term of two years, from the day 
next after their general election : Provided, however, That the 
■Senators elect, at the second meeting of the General Assembly 
under this Constitution, shall be divided, by lot, into two equal 
classes, as nearly as may be ; and the seats of Senators of the 
first class shall be vacated at the expiration of two years, and 
those of the second class at the expiration of four years ; so that 
one-half, as nearly as possible, shall be chosen biennially for- 
ever thereafter. And in case of increase in the number of Sen- 
ators, they shall be so annexed by lot, to the one or the other 
of the two classes, as to keep them as nearly equal as practica- 
ble. 

Sec. 4. The General Assembly shall, at its second session 
after the adoption of this Constitution, and every sixth year 
thereafter, cause an enumeration to be made of all the male in- 
habitants over the age of twenty-one years. 

Sec. 5. The number of Senators and Representatives shall, 
at the session next following each period of making such enu- 
meration, be fixed by law, and apportioned among the several 
counties, according to the number of male inhabitants, above 
twenty-one years of age, in each: Provided, That the first and 
second elections of members of the General Assembly, under 
this Constitution, shall be according to the apportionment last 
made by the General Assembly before the adoption of this Con- 
stitution. 



O STATE OF INDIANA. 

Sec. 6. A Senatorial or Kepresentative district, where more 
than one county shall constitute a district, shall be composed 
of contiguous oounties ; and no county, for Senatorial appor- 
tionment, shall ever be divided. 

Sec. 7. Xo person shall be a Senator or a Representative, who,. 
at the time of his election, is not a citizen of the United States; 
nor any one who has not been, for two years next preceding 
his election, an inhabitant of this State, and for one year next 
preceding his election, an inhabitant of the county or district 
whence he may be chosen. Senators shall be at least twenty- 
five, and Representatives at least twenty one years of age. 

Sec. 8. Senators and Representatives, in all eases except 
treason, felony, and breach of the peace, shall be privileged 
from arrest during the session of the General Assembly, and 
in going to and returning from the same; and shall not be sub- 
ject to any civil process during the session of the General As- 
sembly, nor during the iifteen days next before the commence- 
ment thereof. For any speech or debate in either House, a 
member shall not be questioned in any other place. 

Sec. 9. The sessions of the General Assembly shall be held 
biennially, at the capital of the State, commencing on the 
Thursday next after the first Monday of January, in the year 
one thousand eight hundred and fifty-three, and on the same 
day of every second year thereafter, unless a dift'erent day or 
place shall have been appointed by law. But if, in the opinion 
of the Governor, the public welfare shall require it, he may, at 
any time, by proclamation, call a special session. 

Sec. 10. Each House, when assembled, shall choose its own 
officers (the President of the Senate excepted), judge the elec- 
tions, qualifications and returns of its own members, determine 
its rules of proceeding, and sit upon its own adjournment. 
But neither House shall, without the consent of the other, ad- 
journ for more than three days, nor to any place other than 
that in which it may be sitting. 

Sec. 11. Two-thirds of each House shall constitute a quorum 
to do business; but a smaller number may meet, adjourn from 
day to day, and compel the attendance of absent members, A 
quorum being in attendance, if either House fail to eftect an 
organization within the first five days thereafter, the members 



CONSTITUTION. 9 

of the House so failing shall be entitled to no compensation 
from the end of the said five days, until an organization shall 
have been effected. 

Sec. 12. Each House shall keep a journal of its proceedings, 
and publish the same. The yeas and nays, on any question, 
shall, at the request of any two members, be entered, together 
with the names of the members demanding the same, on the 
journal: Provided, That on a motion to adjourn, it shall require 
one- tenth of the members present to order the yeas and nays. 

Sec 13. The doors of each House, and of Committees of the 
Whole, shall be kept open, except in such cases as, in the opin- 
ion of either House, may require secrecy. 

Sec. 14. Either House may punish its members for disor- 
derly behavior, and may, with the concurrence of two-thirds, 
expel a member ; but not a second time for the same cause. 

Sec. 15. Either House, during its session, may punish, by 
imprisonment, any person not a member, who shall have been 
guilty of disrespect to the House, by disorderly or contemptu- 
ous behavior in its presence; but such imprisonment shall not, 
-at any time, exceed twenty-four hours. 

Sec. 16. Each House shall have all powers necessary for a 
branch of the legislative department of a free and independent 

State. 

Sec. 17. Bills may originate in either House, but may be 
amended or rejected in the other, except that bills for raising 
revenue shall originate in the House of Representatives. 

Sec. 18. Every bill shall be read by sections, on three several 
days in each House ; unless, in case of emergency, two-thirds 
of the House where such bill may be depending shall, by a vote 
of yeas and nays, deem it expedient to dispense with this rule; 
but the reading of a bill by sections, on its final passage, shall 
in no case be dispensed with; and the vote on the passage of 
every hill or joint resolution shall be taken by yeas and nays. 

Sec. 19. Every act shall embrace but one subject, and mat- 
ters properly connected therewith ; which subject shall be ex- 
pressed in the title. But if any subject shall be embraced in 
£in act, which shall not be expressed in the title, such act shall 
be void only as to so much thereof as shall not be expressed in 
the title. 



10 STATE OF INDIANA. 

Sec. 20. Every act and joint resolution shall be plainly- 
worded, avoiding, as far as practicable, the use of technical 
terms. 

Sec. 21. No act shall ever be revised or amended by mere 
reference to its title; but the act revised, or section amended^ 
shall be set forth and publiahed at full length. 

Sec. 22. The General Assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say v 

Regulating the jurisdiction and duties of justices of the peace 
and of constables; 

For the punishment of crimes and misdemeanors; 

Regulating the practice in courts of justice; 

Providing for changing the venue in civil and criminal cases; 

Granting divorces; 

Changing the names of persons; 

For laying out, opening and working on, highways, and for 
the election or appointment of supervisors; 

Vacating roads, town plats, streets, alleys and public squares; 

Summoning and impanneling grand and petit juries, and 
providing for their compensation ; 

Regulating county and township business; 

Regulating the election of county and township officers, and 
their compensation; 

For the assessment and collection of taxes for State, county, 
township or road purposes ; 

Providing for supporting common schools, and for the pre- 
servation of school funds ; 

In relation to fees or salaries ; except that the laws may be- 
so made as to grade the compensation of officers in proportion 
to the population and the necessary services required ; 

In relation to interest on money ; 

Providing for opening and conducting elections of State, 
county or township officers, and designating the places of 
voting ; 

Providing for the sale of real estate belonging to minors, or 
other persons laboring under legal disabilities, by executory, 
administrators, guardians or trustees ' 



CONSTITUTION. 11 

Sec. 23. In all the cases enumerated in the preceding sec- 
tion, and in all other cases where a general law can be made 
applicable, all laws shall be general and of uniform operation 
throughout the State. 

Sec 24. Provisions may be made by general law, for bring- 
ing suits against the State, as to all liabilities originating after 
the adoption of this Constitution; but no special act authoriz- 
ing such suit to be brought, or making compensation to any 
person claiming damages against the State, shall ever be passed. 

Sec. 25. A majority of all the members elected to each 
House shall be necessary to pass every bill or joint resolution; 
and all bills and joint resolutions so passed shall be signed by 
the presiding officers of the respective houses. 

Sec. 26. Any member of either House shall have the right 
to protest, and to have his protest, with his reasons for dissent, 
entered on the journal. 

Sec. 27. Every statute shall be a public law, unless otherwise 
declared in the statute itself. 

Sec. 28. No act shall take effect until the same shall have 
been published and circulated in the several counties of this 
State, by authority, except in case of emergency ; which emer- 
gency shall be declared in the preamble or in the body of the 
law. 

Sec. 29. The members of the General Assembly shall re- 
ceive for their services a compensation, to be fixed by law ; but 
no increase of compensation shall take effect during the session 
at which such increase may be made. jSTo session of the Gen- 
eral Assembly, except the first under this Constitution, shall 
extend beyond the term of sixty-one days, nor any special ses- 
sion beyond the term of forty days. 

Sec 30. No Senator or Representative shall, during the term 
for which he may have been elected, be eligible to any office, 
the election to which is vested in the General Assembly, nor 
shall he be appointed to any civil office of profit, which shall 
have been created, or the emoluments of which shall have been 
increased, during such term ; but this latter provision shall not 
be construed to apply to any office elective by the people. 



12 STATE OP INDIANA. 



ARTICLE V. 

EXECUTIVE. 

Section 1. The executive powers of the State shall be vested 
in a Governor. He shall hold his office during four years, and 
shall not be eligible more than four years in any period of 
eight years. 

Sec. 2. There shall be a Lieutenant Governor, who shall 
hold his office during four years. 

Sec. 3. The Governor and Lieutenant Governor shall be 
elected at the times and places of choosing members of the 
General Assembly. 

Sec. 4. In voting for Governor and Lieutenant Governor 
the electors shall designate for whom they vote as Governor, 
and for whom as Lieutenant Governor. The returns of every 
election for Governor and Lieutenant 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. 

Sec 5. The persons, respectively, having the highest num- 
ber of votes for Governor and Lieutenant Governor, shall be 
elected ; but in case two or more persons shall have an equal 
and the highest number of votes for either office, the General 
Assembly shall, by joint vote, forthwith proceed to elect one 
of the said persons Governor or Lieutenant Governor, as the 
case may be. 

Sec 6. Contested elections for Governor or Lieutenant Gov- 
ernor shall be determined by the General Assembly, in such 
manner as may be prescribed by law. 

Sec 7. No person shall be eligible to the office of Governor 
or Lieutenant Governor, who shall not have been five years a 
citizen of the United States, and also a resident of the State of 
Indiana during the five years next preceding his election ; no.r 
shall any person be eligible to either of the said offices who 
shall not have attained the age of thirty years. 



CONSTITUTION. 13 

Sec. 8. ISTo member of Congress, or person holding any 
office under the United States, or under this State, shall fill the 
office of Governor or Lieutenant Governor. 

Sec. 9. The official term of the Governor or Lieutenant 
Governor shall commence on the second Monday of January, 
in the year one thousand eight hundred and fifty-three ; and 
on the same day every fourth year thereafter. 

Sec. 10. In case of the removal of the Governor from office, 
or of his death, resignation or inability to discharge the duties 
of the office, the same shall devolve on the Lieutenant Gov- 
ernor; and the General Assembly shall, by law, provide for the 
case of removal from office, death, resignation, or inability, 
both of the Governor and Lieutenant Governor, declaring 
what officer then shall act as Governor; and such officer .shall 
act accordingly until the disability be removed or a Governor 
be elected. 

Sec. 11. Whenever the Lieutenant Governor shall act as 
Governor, or shall be unable to attend as President of the Sen- 
ate, the Senate shall elect one of its own members as President 
for the occasion. 

Sec. 12. The Governor shall be commander-in chiet of the 
military and naval forces, and may call out such forces to exe- 
cute the laws, or to suppress insurrection, or to repel invasion. 

Sec. 13. He shall, from time to time, give to the General 
Assembly information touching the condition of the State, and 
recommend such measures as he shall judge to be expedient. 

Sec 14. Every bill which shall have passed the General As- 
sembly 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 shall have originated, which House 
shall enter the objections at large upon its journals, and pro- 
ceed to reconsider the bill. 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 Governor's 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. If any bill shall not be returned 
by the Governor within three days, Sundays excepted, after it 
shall have been presented to him, it shall be a law without his 



14 STATE OF INDIANA. 

signature, unless the general adjournment shall prevent its re- 
turn, in which case it shall be a law, unless the Governor, 
within five days next after such adjournment, shall file such 
bill, with his objections thereto, in the ofiice of the Secretary 
of State, who shall lay the same before the General Assembly 
at its next session in like manner as if it had been returned by 
the Governor. But no bill shall be presented to the Governor 
within two days next previous to the final adjournment of the 
General Assembly. 

Sec. 15. The Governor shall transact all necessary business 
■with the ofiicers of Government, and may require any infor- 
mation in writing from the officers of the administrative de- 
partment, upon any subject relating to the duties of their 
respective offices. 

Sec. 16. He shall take care that the laws be faithfully 
executed. 

Sec. 17. He shall have the power to grant reprieves, com- 
mutations and pardons, after conviction, for all oflenses except 
treason and cases of impeachment, subject to such regulations 
as may be provided by law. Upon conviction for treason, he 
shall have power to suspend the execution of the sentence until 
the case shall be reported to the General Assembly at its next 
meeting, when the General Assembly shall either grant a par- 
don, commute the sentence, direct the execution of the sen- 
tence, or grant a further reprieve. He shall have power to 
remit fines and forfeitures, under such regulations as may be 
prescribed by law, and shall report to the General Assembly at 
its next meeting, each case of reprieve, commutation or par- 
don granted, and also the names of all persons in whose favor 
remission of fines and forfeitures shall have been made, and 
the several amounts remitted: Provided, however, That the 
General Assembly, may, by law, constitute a council, to be com- 
posed of officers of State, without whose advice and consent 
the Governor shall not have power to grant pardons, in any 
oase, except such as may, by law, be left to his sole power. 

Sec. 18. When, during a recess of the General Assembly, a 
vacancy shall happen in any office, the appointment to which is 
vested in the General Assembly, or when, at any time, a va- 
cancy shall have occurred in any other State office, or in the 



CONSTITUTION. lo 

office of Judge of any court, the Governor shall fill such va- 
cancy by appointment, which shall expire when a successor 
shall have been elected and qualified. 

Sec. 19. He shall issue writs of election to fill such vacan- 
cies as may have occurred in the General Assembly. 

Sec 20. Should the seat of Government become dangerous 
from disease or a common enemy, he may convene the General 
Assembly at any other place. 

Sec. 21. The Lieutenant Governor shall, by virtue of his 
office, be President of the Senate ; have a right, when in Com- 
mittee of the Whole, to join in debate, and to vote. on all sub- 
jects, and, whenever the Senate shall be equally divided, he 
shall give the casting vote. 

Sec 22. 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. 

Sec. 23. The Lieutenant Governor, while he shall act as 
President of the Senate, shall receive for his services the same 
compensation as the Speaker of the House of Representatives; 
and any person acting as Governor shall receive the compensa- 
tion attached to the office of Governor. 

Sec 24. Neither the Governor nor Lieutenant Governor 
shall be eligible to any other office during the term for which 
he shall have been elected. 



ARTICLE VL 

ADMINISTRATIVE. 

Section 1. There shall be elected by the voters of the State, 
a Secretary, an Auditor, and a Treasurer of State, who shall 
severally hold their offices for two years. They shall perform 
such duties as may be enjoined by law ; and no person shall be 
eligible to either of said offices more than four years in any 
period of six years. 

Sec 2. There shall be elected in each county, by the voters 
thereof, at the time of holding general elections, a Clerk of the 
Circuit Court, Auditor, Recorder, Treasurer, Sheriff, Coroner, 



16 STATE OF INDIANA. 

and Purveyor. The Clerk, Auditor and Recorder shall con- 
tinue in office four years; and no person shall be eligible to the 
office of Clerk, Recorder or Auditor more than eight years in 
any period of twelve years. The Treasurer, Sheriff, Coroner, 
and Surveyor, shall continue in office two years ; and no person 
shall be eligible to the office of Treasurer or Sheriff more than 
four years in any period of six years. 

Sec. 3. Such other county and township officers as may be 
necessary, shall be elected or appointed, in such manner as may 
be prescribed by law. 

Sec. 4. No person shall be elected or appointed as a county 
officer, who shall not be an elector of the county ; nor any one 
who shall not have been an inhabitant thereof during one year 
next preceding his appointment, if the county shall have been 
so long organized ; but if the county shall not have been so 
long organized, then within the limits of the county or coun- 
ties out of which the same shall have been taken. 

Sec. 5. The Governor, and the Secretary, Auditor and 
Treasurer of State, shall, severally, reside and keep the public 
records, books and papers, in any manner relating to the re- 
spective offices, at the seat of government. 

Sec. 6. All county, township, and town officers shall reside 
within their respe<itive counties, townships, and towLS, and 
shall keep their respective offices at such places therein, and 
perform such duties as may be directed by law. 

Sec. 7. All State officers shall, for crime, incapacity, or neg- 
ligence, be liable to be removed from office, either by impeach- 
ment by the House of Representatives, to be tried by the Sen- 
ate, or by a joint resolution of the General Assembly; two- 
thirds of the members elected to each branch voting, in either 
case, therefor. 

Sec. 8. All State, county, township, and town officers may 
be impeached, or removed from office, in such manner as may 
be prescribed by law. 

Sec. 9. Vacancies in county, township, and town offices 
shall be filled in such manner as may be prescribed by law. 

Sec. 10. The General Assembly may confer upon the Boards 
doing county business in the several counties, powers of a local 
administrative character. 



CONSTITUTION. 



AKTICLE VII. 



Section 1. The Judicial power of the State shall be vested 
in a Supreme Court, in Circuit Courts, and in such other courts 
as the General Assembly may establish. 

Sec. 2. The Supreme Couft shall consist of not less than 
three, nor more than five Judges; a majority of whom shall 
form a quorum. They shall hold their offices for six years, if 
they so long behave well. 

Sec 8. The State shall be divided into as many districts as 
there are Judges of the Supreme Court, and such districts shall 
be formed of contiguous territory, as nearly equal in popula- 
tion as, with'out dividing a county, the same can be made. One 
of said Judges shall be elected from each district, and reside 
therein ; but said Judge shall be elected by the electors of the 
State at large. 

Sec 4. The Supreme Court shall have jurisdiction, co-ex- 
tensive with the limits of the State, in appeals and writs of 
error, under such regulations and restrictions as may be pre- 
scribed by law. It shall also have such original jurisdiction as 
the General Assembly may confer. 

Sec 5. The Supreme Court shall, upon the decision of every 
case, give a statement in writing of each question arising in the 
record of such case, and the decision of the Court thereon. 

Sec 6. The General Assembly shall provide by law, for the 
speedy publication of the decisions of the Supreme Court, made 
nnder this Constitution, but no judge shall be allowed to re- 
port such decision. 

Sec 7. There shall be elected by the voters of the State, a 
Clerk of the Supreme Court, who shall hold his office four years, 
and whose duties shall be prescribed by law. 

Sec 8. The Circuit Courts shall each consist of one judge, 
and shall have such civil and criminal jurisdiction as may be 
prescribed by law. 



18 STATE OF INDIANA. 

Sec. 9. The State shall, from time to time, be divided into 
judicial circuits, and a judge for each circuit shall be elected by 
the voters thereof. He shall reside within the circuit, and shall 
hold his oflice for the term of six years, if he so long behave 
well. 

Sec. 10. The General Assembly may provide, by law, that 
the judge of one circuit may hold the courts of another circuit,. 
in cases of necessity or convenience; and in case of temporary 
inability of any judge, from sickness or other cause, to hold 
the courts in his circuit, provision may be made, by law, for 
holding such courts. 

Sec. 11. There shall be elected, in each judicial circuit, by 
the voters thereof, a prosecuting attorney, who shall hold hi& 
office for two years. 

Sec. 12. Any judge or prosecuting attorney, who shall have 
been convicted of corruption or other high crime, may, on in- 
formation in the name of the State, be removed from office by 
the Supreme Court, or in such other manner as may be pre- 
scribed by law. 

Sec. 13. The judges of the Supreme Court and Circuit 
Courts shall, at stated times, receive a compensation, which 
shall not be diminished during their continuance in office. 

Sbc. 14. A competent number of justices of the peace shall 
be elected by the voters in each township in the several coun- 
ties. They shall continue in office four years, and their powers 
and duties shall be prescribed by law. 

Sec. 15. All judicial officers shall be conservators of the 
peace in their respective jurisdictions. 

Sec. 16. No person elected to any judicial office shall, during 
the term for which he shall have been elected, be eligible to 
any office of trust or profit under the State, other than a judi- 
cial office. 

Sec. 17. The General Assembly may modify or abolish the 
Grand Jury system. 

Sec. 18. All criminal prosecutions shall be carried on in the 
name,' and by the authority of the State ; and the style of all 
processes shall be, " The State of Indiana." 



CONSTITUTION. 19 

Sec. 19. Tribunals of conciliation may be established, with 
such powers and duties as shall be prescribed by law ; or the 
powers and duties of the same may be conferred upon other 
courts of justice; but such tribunals or other courts, when sit- 
ting as such, shall have no power to render judgment to be 
obligatory on the parties unless they voluntarily submit their 
matters of difference and agree to abide the judgment of such 
tribunal or court. 

Sec. 20. The General Assembly, at its lirst session after the 
adoption of this Constitution, shall provide for the appointment 
of three commissioners whose duty it shall be to revise, sim- 
plify and abridge the rules, practice, pleadings and forms of the 
courts of justice. And they shall provide for abolishing the 
distinct forms of action at law now in use; and that justice shall 
be administered in a uniform mode of pleading, without dis- 
tinction between law and equity. And the General Assembly 
may, also, make it the duty of said commissioners to reduce 
into a systematic code the general statute law of the State ; and 
said commissioners shall report the result of their labors to the 
General Assembly, with such recommendations and suggestions, 
as to the abridgement and amendment, as to said commissioners 
may seem necessary or proper. Provision shall be made by 
law for filliug vacancies, regulating the tenure of office and the 
compensation of said commissioners. 

Sec. 21. Every person of good moral character, being a 
voter, shall be entitled to admission to practice law in all 
courts of j ustice. 



ARTICLE VIII. 



EDUCATION. 

Section 1. Knowledge and learning generally diffused 
throughout a community, being essential to the preservation of 
a free government, it shall be the duty of the General Assem- 
bly to encourage, by all suitable means, moral, intellectual, sci- 
entific and agricultural improvement, and to provide by law for 
a general and uniform system of common schools, wherein 
tuition shall be without charge, and equally open to all. 



20 STATE OF INDIANA. 

Sec. 2. The common school fund shall consist of the con- 
gressional township fund, and the lands belonging thereto; 

The surplus revenue fund; 

The saline fund, and the lands belonging thereto; 

The bank tax fund, and the fund arising from the one hun- 
dred and fourteenth section of the charter of the State Bank 
of Indiana; 

The fund to be derived from the sale of county seminaries, 
and the moneys and property heretofore held for such semi- 
naries; from the fines assessed for breaches of the penal laws 
of the State; and from all forfeitures which may accrue; 

All lands and other estate which shall escheat to the State 
for want of heirs or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to the 
State, where no special purpose is expressed in the grant, and 
the proceeds of the sales thereof; including the proceeds of the 
sales of the Swamp Lands granted to the State of Indiana by 
the act of Congress, of the 28th of September, 1850, after de- 
ducting the expense of selecting and draining the same ; 

Taxes on the property of corporations that may be assessed 
by the General Assembly for Common School purposes. 

Sec. 3. The principal of the Common School Fund shall 
remain a perpetual fund, which may be increased, but shall 
never be diminished ; and the income thereof shall be inviola- 
bly appropriated to the support of Common Schools, and to no 
other purpose whatever. 

Sec, 4. The General Assembly shall invest, in some safe and 
profitable manner, all such portions of the Common School 
Fund as have not heretofore been entrusted to the several 
counties; and shall make provisions, by law, for the distribu- 
tion, among the several counties, of the interest thereof. 

Sec. 5. If any county shall fail to demand its proportion of 
such interest for Common School purposes, the same shall be 
reinvested for the benefit of such county. 

Sec. 6. The several counties shall be held liable for the pre- 
servation of so much of the said fund as may be entrusted to 
them, and for the payment of the annual interest thereon. 



CONSTITUTION. 21 

Sec. 7. All trust funds held by the State shall remain invio- 
late, and be faithfully and exclusively applied to the purposes 
for which the trust was created. 

Sec. 8. The General Assembly shall provide for the election,, 
by the voters of the State, of a State Superintendent of Public 
Instruction, who shall hold his office for two years, and whose 
duties and compensation shall be prescribed by law. 



ARTICLE IX. 

STATE INSTITUTIONS. 

Section 1. It shall be the duty of the General Assembly to 
provide by law for the support of Institutions for the Education 
of the Deaf and Dumb, and of the Blind ; and, also, for the 
treatment of the Insane. 

Sec. 2. The General Assembly shall provide Houses of Ref- 
uge for the correction and reformation of juvenile oftenders. 

Sec. 3. The County Boards shall have power to provide 
farms as an asylum for those persons who, by reason of age, 
infirmity, or other misfortune, have claims upon the sympathies 
and aid of society. 

ARTICLE X. 



Section 1. The General Assembly shall provide, by law, for 
a uniform and equal rate of assessment and taxation ; and shall 
prescribe such regulations as shall secure a just valuation for 
taxation of all property, both real and personal, excepting such 
only for municipal, educational, literary, scientific, religious or 
charitable purposes, as may be specially exempted by law. 

Sec. 2. All the revenues derived from the sale of any of the 
public works belonging to the State, and from the net annual 
income thereof, and any surplus that may, at any time, remain 
in the Treasury derived from taxation for general State pur- 
poses, after the payment of the ordinary expenses of the gov- 
ernment, and of the interest on bonds of the State, other than 



22 STATE OF INDIANA. 

bank bonds, shall be annually applied, under the direction of 
the General Assembly, to the payment of the principal of the 
public debt. 

Sec. 3. No money shall be drawn from the Treasury but in 
pursuance of appropriations made by law. 

Sec. 4. An accurate statement of the receipts and expendi- 
tures of the public money shall be published with the laws of 
each regular session of the General Assembly. 

Sec. 5. No law shall authorize any debt to be contracted, on 
behalf of the State, except in the following cases : To meet 
casual deficits in the revenue ; to pay the interest on the State 
debt; to repel invasion, suppress insurrection, or, if hostilities 
be threatened, provide for public defense. 

Sec. 6. No county shall subscribe for stock in any incorpo- 
rated company, unless the same be paid for at the time of such 
subscription ; nor shall any county loan its credit to any incor- 
porated company, nor borrow money for the purpose of taking 
stock in any such company ; nor shall the General Assembly 
ever, on behalf of the State, assume the debts of any county, 
city, town or township, nor of any corporation whatever. 

Sec. 7. No law or resolution shall ever be passed by the 
General Assembly of the State of Indiana that shall recognize 
any liability of this State to pay or redeem any certificate of 
stock issued in pursuance of an act entitled "An act to pro- 
vide for the funded debt of the State of Indiana, and for the 
completion of the Wabash and Erie Canal to Evansville," 
passed January 19, 1846, and an act supplemental to said act 
passed January 29, 1847, which by the provisions of the said 
acts, or either of them, shall be payable exclusively from the 
proceeds of the canal lands, and the tolls and revenues of the 
canal in said acts mentioned; and no such certificates of stocks 
shall ever be paid by this State. 

[Note. — Agreed to by a majority of the members elected to each of the two 
houses of the General Assembly, Regular Session of 1871, and referred to the Gen- 
eral Assembly to be chosen at the next general election. Agreed to by a majority 
of the members elected to each house of the General Assembly, Special Session of 
1872. Submitted to the electors of the State by an act approved January 28, 1873. 
Eatified by a majority of the electors, at an election held on the 18th day of Feb- 
ruary, 1873. Declared a part of the Constitution by proclamation of Thomas A. 
Hendricks, Governor, dated March 7, 1873.] 



CONSTITUTION. 28 



ARTICLE XI. 

CORPORATIONS. 

Section 1. The General Assembly shall not have power to 
establish, or incorporate any bank or banking company, or 
moneyed institution, for the purpose of issuing bills of credit, 
or bills payable to order or bearer, except under the conditions 
prescribed in this Constitution. 

Sec 2. ]!^o bank shall be established otherwise than under a 
general banking law, except as provided in the fourth section 
of this article. 

Sec. 3. If the General Assembly shall enact a general bank- 
ing law, such law shall provide for the registry and counter- 
signing, by an officer of State, of all paper credit designed to 
be circulated as money ; and ample collateral security, readily 
convertible into specie, for the redemption of the same in gold 
or silver, shall be required; which collateral security shall be 
under the control of the proper officer or officers of the State. 

Sec. 4. The General Assembly may also charter a bank with 
branches, without collateral security, as required in the preced- 
ing section. 

Sec 5. If the General Assembly shall establish a bank 
with branches, the branches shall be mutually responsible for 
each other's liabilities, upon all paper credit issued as money. 

Sec 6. The stockholders in every bank, or banking com- 
pany, shall be individually responsible to an amount over and 
above their stock, equal to their respective shares of stock, for 
all debts or liabilities of said bank or banking company. 

Sec 7. All bills or notes issued as money, shall be, at all 
times, redeemable in gold or silver; and no law shall be passed, 
sanctioning, directly or indirectly, the suspension, by any bank 
or banking company, of specie payments. 

Sec 8. Holders of bank notes shall be entitled, in case of 
insolvency, to preference of payment over all other creditors. 

Sec 9. No bank shall receive, directly or indirectly, a greater 
rate of interest than shall be allowed by law to individuals 
loaning money. 



24 STATE OF INDIANA. 

Sec. 10. Every bank, or banking; company, shall be required 
to cease all banking operations within twenty years from the 
time of its organization, and promptly thereafter to close its 
business. 

Sec. 11. The General Assembly is not prohibited from in- 
vesting the trust funds in a bank with branches ; but in case 
of such investment, the safety of the same shall be guaranteed 
by unquestionable security. 

Sec. 12. The State shall not be a stockholder in any bank, 
after the expiration of the present bank charter; nor shall the 
credit of the State ever be given, or loaned, in aid of any per- 
son, association, or corporation, nor shall the State hereafter 
become a stockholder in any corporation or association. 

Sec. 13. Corporations, other than banking, shall not be cre- 
ated by special act, but may be formed under general laws. 

Sec. 14. Dues from corporations, other than banking, shall 
be secured by such individual liability of the corporators, or 
other means, as may be prescribed by law. 



ARTICLE XII. 



Section 1. The militia shall consist of all able-bodied white 
male persons between the j^gcs of eighteen and forty-five years, 
except such as may be exempted by the laws of the United 
States, or of this State ; and shall be organized, officered, armed, 
equipped and trained in such manner as may be provided by 
law. 

Sec. 2. The Governor shall appoint the Adjutant, Quarter- 
master and Commissary Generals. 

Sec. 3. All militia ofiicers shall be commissioned by the 
Governor, and shall hold their ollices not longer than six years. 

Sec. 4. The General Assembly shall determine the method 
of dividing the militia into divisions, brigades, regiments, bat- 
talions and companies, and fix the rank of all staff ofiicers. 

Sec. 5. The militia may be divided into classes of sedentary 
and active militia in such manner as shall be prescribed by law. 



CONSTITUTION. 25 

Sec. 6. Xo person conscientiously opposed to bearing arms 
shall be compelled to do militia duty ; but such person shall 
pay an equivalent for exemption ; the amount to be prescribed 
by law. 

ARTICLE XIII. 

POLITICAL AND MUNICIPAL CORPORATIONS. 

Section 1. Xo political or municipal corporation in this 
State shall ever become indebted, in any manner or for any 
purpose, to any amount, in the aggregate exceeding two per 
centum on the value of taxable property within such corpora- 
tion, to be ascertained by the last assessment for State and 
county taxes, previous to the incurring of such indebtedness, 
and all bonds or obligations, in excess of such amount, given 
by such corporations, shall be void : Provided, That in time of 
war, foreign invasion, or other great public calamity, on peti- 
tion of a majority of the property owners, in number and value, 
within the limits of such corporation, the public authorities, in 
their discretion, may incur obligations necessary for the public 
protection and defense, to such an amount as may be requested 
in such petition. 

[The original Article 13 is stricken out and the amendment of March 24, 1881, 
inserted in lieu thereof.] 

ARTICLE XIV. 

BOUNDARIES. 

Section 1. In order that the boundaries of the State may 
be known and established, it is hereby ordained and declared, 
that the State of Indiana is bounded on the east by the me- 
ridian 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 Wabash River ; 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 said Wabash River; and thence by a due north line, 
until the same shall intersect an east and west line, drawn 
through a point ten miles north of the southern extreme of 



26 STATE OF INDIANA. 

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. 

Sec. 2. The State of Indiana shall possess jurisdiction, and 
sovereignty co-extensive with the boundaries declared in the 
preceding section; and shall have concurrent jurisdiction, in 
civil and criminal cases, with the State of Kentucky on the 
Ohio River, and with the State of Illinois on the Wabash liiver, 
80 far as said rivers form the common boundary between this 
State and said States respectively. 



AliTJCLE XV. 

MISCELLANEOUS. 

Section 1. All officers whose appointment is not otherwise 
provided for in this Constitution, shall be chosen in such man- 
ner as now 18, or hereafter may be, prescribed by law. 

Sec. 2. When the duration of any office is not provided for 
by this Constitution, it may be declared by law ; and if not so 
declared, such office shall be held during the pleasure of the 
authority making the appointment. But the General Assem- 
bly shall not create any office, the tenure of which shall be 
longer than four years. 

Sec 3. Whenever it is provided in this Constitution, or in 
any law which may be hereafter passed, that any officer, other 
than a member of the General Assembly, shall hold his office 
for any given term, the same shall be construed to mean that 
such officer shall hold his office for such term, and until his 
successor shall have been elected and qualified. 

Sec. 4. Every person elected or appointed to any office un- 
der this Constitution shall, before entering on the duties 
thereof, take an oath or affirmation to support the Constitution 
of this State and of the United States, and also an oath of 
office. 

Sec. 5. There shall be a seal of the State, kept by the Gov- 
ernor for official purposes, which shall be called the Seal of the 
State of Indiana. 



CONSTITUTION. 27 

Sec. 6. All commissions shall issue in the name of the State, 
shall be signed by the Governor, sealed by the State Seal, and 
attested by the Secretary of State. 

Sec. 7. No county shall be reduced to an area less than four 
hundred square miles; nor shall any county under that area be 
further reduced. 

Sec 8. !N"o lottery shall be authorized, nor shall the sale of 
lottery tickets be allowed. 

Sec 9. The following grounds owned by the State in In- 
dianapolis, namely : the State House Square, the Grovernor'a 
Circle, and so much of out- lot numbered one hundred and forty- 
seven as lies north of the arm of the Central Canal, shall not 

be sold or leased. 
•J 
Sec 10. It shall be the duty of the General Assembly to 
provide for the permanent enclosure and preservation of the 
Tippecanoe Battle Ground. 



ARTICLE XVI. 



AMENDMENTS. 

Section 1. Any amendment or amendments to this Consti- 
tution may be proposed in either branch of the General As- 
sembly; and if the same shall be agreed to by a majority of 
the members elected to each of the two houses, such proposed 
amendment or amendments shall, with the yeas and nays 
thereon, be entered on their journals and referred to the Gen- 
eral Assembly to be chosen at the next general election ; and, 
if in the General Assembly so next chosen, such proposed 
amendment or amendments shall be agreed to by a majority of 
all the members elected to each house, then it shall be the duty 
of the General Assembly to submit such amendment or amend- 
ments to the electors of the State, and if a majority of said 
electors shall ratify the same, such amendment or amendments 
shall become a part of this Constitution. 

Sec. 2. If two or more amendments shall be submitted at 
the same time, they shall be submitted in such manner that the 



28 STATE OF INDIANA. 

electors shall vote for or against each of such amendments sep- 
arately; and while such an amendment or amendments which 
shall have been agreed upon by one General Assembly shall be 
awaiting the action of the succeeding General Assembly, or of 
the electors, no additional amendment or amendments shall be 
proposed. 

SCHEDULE. 

This Consti<-ution, if adopted, shall take effect on the first 
day of iS^ovember, in the year one thousand eight hundred and 
lifty-one, and shall supersede the Constitution adopted in the 
year one thousand eight hundred and sixteen. That no incon- 
venience may arise from the change in the government, it is 
hereby ordained as follows: 

First. All laws now in force, and not inconsistent with this 
Constitution, shall remain in force until they shall expire or be 
repealed. 

Second. All indictments, prosecutions, suits, pleas, pbiin + s 
and other proceedings pending in any of the Courts, shall be 
prosecuted to final judgment and execution ; and all appeals, 
writs of error, certiorari and injunctions siiall be carried on in 
the several Courts, in the same manner as is now provided by 
law. 

Third. All fines penalties and forfeitures, due or accruing 
to the State, or to any county therein, shall inure to the State, 
or to such county in the manner prescribed by law. Ali bonds 
executed to the State, or to any officer, in his official capacity, 
shall remain in force, and inure to the use of those concerned. 

Fourth. All acts of incorporation for municipal purposes 
shall continue in force under this Constitution, until such time 
as the General Assembly shall, in its discretion, modify or re- 
peal the same. 

Fifth. The Governor, at the expiration of the present ofHcial 
terra, shall continue to act until his successor shall have bten 
sworn into office. 

Sixth. There shall be a session of the General Assembly, 
commencing on the first Monday of December, in the year one 
thousand eight hundred and fifty-one. 



CONSTITUTION. 29 

Seventh. Senators now iti office and holding over, under the 
existing Constitution, and such as may be elected at the next 
general election, and the Representatives then elected, shall 
continue in office until the lirst general election under this 
Constitution. 

Eighth. The first general election under this Constitution 
shall be held in the year one thousand eight hundred and fifty- 
two. 

•Ninth. The first election for Governor, Lieutenant Governor, 
Judges of the Supreme Court and Circuit Courts, Clerk of the 
Supreme Court, Prosecuting Attorney, Secretary, Auditor, and 
Treasurer of State, and State Superintendent of l*ublic Instruc- 
tion, under this Constitution, shall be held at the general elec- 
tion in the year one thousand eight hundred and fifty-two; and 
such of said officers as may be in office when this Constitution 
shall go into effect, shall continue in their respective offices 
until their successors shall have been elected and qualified. 

Tenth. Every person elected by popular vote, and now in 
any office which is continued by this Constitution, and every 
person who shall be so elected to any such office before the tak- 
ing efl:ect of this Constitution (except as in this Constitution 
otherwise provided), shall continue in office until the term for 
which such person has been, or may be, elected, shall expire: 
Provided, That no such person shall continue in office after the 
taking effect of this Constitution, for a longer period than the 
term of such office in this Constitution prescribed. 

Eleventh. On the taking efi'ect of this Constitution, all officers 
thereby continued in office shall, before proceeding in the fur- 
ther discharge of their duties, take an oath or affirmation to 
support this Constitution. 

Twelfth. All vacancies that may occur in existing offices 
prior to the first general election under this Constitution, shall 
be filled in the manner now prescribed by law. 

Thirteenth. At the time of submitting this Constitution to 
the electors for their approval or disapproval, the article num- 
bered thirteen, in relation to negroes and mulattoes, shall be 
submitted as a distinct proposition, in the following form : "Ex- 
clusion and Colonization of Xegroes and Mulattoes," "Aye," or 



30 STATE OF INDIANA. 

" Ko." Aud if a majority of the votes cast shall be in favor of 
said article, then the same shall form a part of this Constitution, 
otherwise it shall be void and form no part thereof. 

Fourteenth. ISTo article or section of this Constitution shall 
be submitted as a distinct proposition to a vote of the electors 
otherwise than as herein provided. 

Fifteenth. Whenever a portion of the citizens of the counties 
of Perry and Spencer shall deem it expedient to form, of the 
contiguous territory of said counties, a new county, it shall be 
the duty of those interested in the organization of such new 
county, to lay off the same by proper metes and bounds of equal 
portions as nearly as practicable, not to exceed one-third of the 
territory of each of said counties. The proposal to create such 
new county shall be submitted to the voters of said counties^ 
at a general election, in such manner as shall be prescribed by 
law. And if a majority of all the votes given at said election 
shall be in favor of the organization of said new county, it shall 
be the duty of the General Assembly to organize the same out 
of the territory thus designated. 

Sixteenth. The General Assembly may alter or amend the 
charter of Clarksville, and make such regulations as may be 
necessary for carrying into effect the objects contemplated in 
granting the same, and the funds belonging to said town shall 
be applied according to the intention of the grantor. 

Done in Convention, at Indianapolis, the tenth day of Feb- 
ruary, in the year of our Lord, one thousand eight hundred and 
tifty-one; and of the independence of the United States, the 
seventy-iifth. 

GEORGE WHITFIELD CARR, 
President and Delegate from the County of Lawrence. 

Attest : Wm. H. English, 

Princijyal Secretary. 
Geo. L. Sites, 
Herman G. Barkwell, 
Robert M. Evans, 

Assistant Secretaries. 






I 



I 






a