Indiana Republican, Volume 1, Number 6, Madison, Jefferson County, 6 February 1817 — Page 1

V J INDI m Mi ma i m e "WHIR JLIBER.TT DWELLS, THERE JS MY COUNTRY." MADISON, (INDIANA) -THURSDAY, FEBRVART 6, 1S17. No.' 6. VOL. I.

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PUBLISHED Br EVERY THURSDAY.

The Constitution. OF THE STATE OF INDIANA, J Jy'ik'J hi convmiwu Corydony n tbs 2i)th day of June, 18 6, of th; independence cf the Ihitcd Steles the fortieth, CONTINUED. Qtc. 23. Every resolution, to which the concurrence of both Juries 'may be necessary, shall be profited to the governor, 2nd y:t)'ie it shall " take effect, bo approved by him, or being disapproved shall be repissed by a majority o: all the members eiccted o r-v.h hone, according to the rules ami limitations prescribed in (lii&z oi a bill. .See. 24. l"icrc hiU be elected, by i nai luiu): ot both houses of the e;.rr.t a;c:aoly, a treasurer, and .in auditor, whose powers and duties shall be prescribed by liv. and who shall hold their offices for three yea.-, 'and until riieir uiccei.i ns oe appointed and ci ill !i i. S-c- 25. There shu.; be elected in ep.ch county by. the qualiucd cieciors thrfeof, one rid', and oaeccroijor, at the limes and pla- " cr for holding ci.-icti-m, tor members of :.ht geuei'al assembly, They slull continue in office two years, and until successors be chosen ami (tu a fled:-Provided that jio person sha.l nc thg'mlt to the office of siieriir more than four year, out of any te:mof six. Sec. 26. Tiiere shall be a seal of "..his orate, v. ;dch sjia'-l be kept by th". governor, and used hy him officially, aiui shall be called the sj.ii oi Indiana. ARTICLE, V. S;c. i. The jndi .i ary power of vrs state, ho; a 49 u matter of Lv. aud equity, shad be vested in ot! M)pj-c;ne eourr, in circuit ouris, . ;.! d in such other i-dc-'ioi coui-rs ;v", jh.e general ase.nblj', m'-y ro:n li;r.e to time direct ai.d r.M;ai.ji:iji. S-v. 2. The f;u pre :nc court shall cor;jiit; of three judges, .any two ! whom ;;ii:t form a quorum, and have apno;hitc jurisdiction n'y. which !u!l ik to-ertensive villi tlic lindtsoi th-stale, u-idcr vuch res" r'ic.f.bns apd rrulauons, "'or ivjvj.r.viur to ihiscontitutiors, may from thm; to time he prescribed Ly Luv : Provided nothinjr "ii tins article shall be so ccni.nruas lp prcvqnr the general assenll)' frpju giv ir;g die supreme court nrijm il jurVdic ion in capital ca-:'-) & in c;v;r:s in chancery, where 1 prciioVnt oj .the circuit C5urt

mav ue interested or prejudiced;

Sec. 3. The circuit courts shall each consist of a president, and two associate judges. The state uhail be divided by law into three circuits, for each of which a president shall be appointed, who during his continuance in oflice, shall reside therein. The president and associate judges, in their respective counties, shall have common law and chancery jurisdiction, as aiso complete criminal jurisdiction, in ail such cases, and in such manner as may be prescribed by law. The (resident alone, in the absence of the associatcjudges, or the president and one ot the associate juJges, in the absence of the other, shall be cornperent to hold a court, a also the two associate junges in the absence of the prtiiJent, shall be competent to hold a court, except in capital cases, and in cases ot chancery : provided, thai nothing heiein contained shali prevent the general .assembly from increasing the number of tiicuits, ir.d prmidents, ax the exigencies of the state may from tin& to time require. Sec- 4. The jges of the supreme court, the circuit and oilier infeiiot courts, shall ho:d their offices during the teini of seven years, if they shall to long behave wed, and shall at stated times receive tor their services, a compensation which shall not be diminished during their continuance in oilice. Sec. 5. Thejudgesof thesupreme court shall by vir ue of their offices, be conservators or the peace throughout the state, as also the preside-in s of the circnit court in their respective circuits ami the associates in their respective countics Sec. 6. ,The supreme court shall . hold its sessions at the seat of government, at such time as shall t)e prescribed by law; and the circuit co-JitsdiallbeTiH'J iuihercsnectivc counties as may be dircc-tn-tl by law. Sec. 7. The judges tne su' peme court slmil be appointed by the governor, and by and with the advice And consent of the senate. The presidents of the circuit courts' shall be appointed by joint bullot of both branches of 'the general assembly ; and the associate judges of the circuit courts shall be elected by the qu ililicd electors in the respective counties. Sec 8. The supreme court shall appoint its own clerk, and the clerks of the circuit court in the several counties shall be elected by the qualified electors in the several counties; but no person, fcluli be eligible to the office of

clerk of the circuit court in any

county, unless he shall fust have obtained from one or mere judges of the supreme court or from one or more of the presidents of the circuit courts, a certificate that he unqualified to execute the duties of the office of clerk of the circuit court : provided, that r attling herein contained shall prevent the circuit courts in each county from appointing a clerk pro tern, until a qualified clerk may be duly elected ;, and provided sJso, that the said clerks respectively uhen qualiiied and elected shall hold their offices seven years and no longer., unless re appointed. Sec. 6. All clerks shall be removable by impeachment hs in oi her cases. . Sec. 10 ' When any vacancies happen in any of the courts occasioned by the death, resignation or lemoval from office of ar.y judge of the supreme cr circuit courts, or any of the clerks of the said courts, a successor shall be appointed in the arr.c marneias herein before p escribed, who shall hold his office for the period which his predecessor had f c serve and no loiiger, uidcss re-appoint-cd. Sec. 11. The style cf all process shall be " The state ot Indi tina." All prosecutions shall be carried on in the name and by the authority of the state of Indiana; and all indictment shall conclude, " against the peace and dignity of the same." Sec. 12. A competent number of justices of the peace ahail be elected by the qualified electors in each township, in the several counties and shul cominue in dffice live years, if they shall f-o long behave well; .whose powers and duties shall from time to time be regulated and defined by law. article vr. Sec. 1. In al - elections not otherwise piovided lor by this consttiution, 'every male citizen of the United States of the age of twenty-one yeais. and upwards, who has rc.uh d in the sta.e one yeir immediauly preceding such election, shall be entitled to vote in the county where he resides'; except such as shall be enlisted in the army of the United States or their allies. Sec 2. All elections shall be by ballot provided, that the 1 gencial assembly may (if they deetn it more expedient) at their session in eighteen hundred and twentyone, change the mode, so at to vote viva voce ; after which time ' it shall remain unalterable. Sec. 5. Electors shall in all cases; eicrpt treason, felony or breach of the peace, be f ree from

arrest in going to, during ,'hc attendance at. and in retuiing home fiom elections. Sec. 4. The general assembly shall have full power to exclude from electing or being elected, a-', ny person convicted ot any infamous crime. Sec 5. Nothing in this article shall , be so construed as to prevent citizens of the United Stare:, who were actual residents at the time of adopting this constitution, and who by the existing laws of this territory are entitled to vote, or persons who luvc been absent from home on a visit or necessary business fi urn the privilege of electors, .IlTICZE VII. Sec. 1. 'Ihe miiitiaof the stare of Indiana shall consist of all free, able bodied nnlc prrsons, negrot-s, mulattos and. Indians excepted, resident in the said stare, ( between the ages of eighteen and forty five years ; except such persons as now are or hereafter mav be, exempted by the laws of the U. States, or this state ; and shll bs arrr.H eqmped sd trainrd, as the general 'assembly mav provide by aw. Sec 2. No person or persons conscientiously scrupulous oc' bearing annsj sha ! he ci)inpdlrd to do militia duty: provided uch persion or peiont sha'l pay an equivalent which tdiail be cob Ircted annually by a civil officer, and be hereafter fixed by law, U shall be equal, as near as may be, to the iovva;r tines assessed on those privates In the militia, who uuy neglect or refuse to perform military duty. . Sec. 3 Captains and ?ubalter$ shall be elccred by those persons in their respective company, districts, who are 'subjett to perform military duty ; and the captain oi" each company shall appoint the Xion-t ommissiorxd officers a said company. Sec 4. Majors shall be elected by those persons within the bounds of their respective batr-il-iion districts, subject to pei form milWa duty ; and the colonels

shall be elected bv thce persona

within the bounds of their rtspec

tive regimental disti icu subject tu

perform militia duty. Sec. 5. Brigadier-generals prM be clecied by the coamussjoncd officers within the bounds 0 their respective brigades; and majorgenerals shali be elected by the' commissioned officers within th1 bounds of their respective divisions. ' Sec. 6. Troopj and squadrons of cavalry, and companies of artillery, riflemen, grenadiers, or ' light infantry, may he formed in the said state, in such maimer av

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