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STATE ♦OF INDIANA
Secretary of State
Wil. B. BDBFOBD, PBINT£B, LITHOGBAPHEB AND BINDEB.
CONSTITUTION OF THE STATE OF INDIANA.
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
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-
Sec. 2. All men shall be secured in their natural right to
worship Almighty God according to the dictates of their own
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.
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-
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
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.
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
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
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.
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.
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-
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-
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
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
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
10 STATE OF INDIANA.
Sec. 20. Every act and joint resolution shall be plainly-
worded, avoiding, as far as practicable, the use of technical
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;
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
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
Providing for the sale of real estate belonging to minors, or
other persons laboring under legal disabilities, by executory,
administrators, guardians or trustees '
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
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.
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
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
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
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.
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
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
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
Sec. 16. He shall take care that the laws be faithfully
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
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
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.
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
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
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
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-
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."
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.
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
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.
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.
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.
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
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.]
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-
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
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
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.
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
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.
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
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.]
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.
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
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.
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
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.
Sec 10. It shall be the duty of the General Assembly to
provide for the permanent enclosure and preservation of the
Tippecanoe Battle Ground.
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
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
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
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.
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
Eighth. The first general election under this Constitution
shall be held in the year one thousand eight hundred and fifty-
•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
GEORGE WHITFIELD CARR,
President and Delegate from the County of Lawrence.
Attest : Wm. H. English,
Geo. L. Sites,
Herman G. Barkwell,
Robert M. Evans,