Indiana State Sentinel, Volume 10, Number 38, Indianapolis, Marion County, 20 February 1851 — Page 2
INDIANA STATE SENTINEL.
I Li LI AM J. BROWN, Editor. INDIANAPOLIS, FEBRUARY tO, 1851. The New Constitution Will be found in another column. It is the only perfect copy new published, having iieen furnished as by the ! Committee on Revision on Monday morning. In our ; humble judgement it is th very best Constitution ever ' framed by a free people, ar.J we hare no doubt but that it will be ratified, bv a Urge majori v on the first Mon- , , , , day m August. The Governor s proclamation, would have accompanied the new instrument, but! for the met that the Constitution (the enrolled copy) has not yet been officially deposited with the Secretary of State. This will be done as somt as the President, who is now absent, retarns; when the Governor will issue bis Proclamation. We shall lay it before our readers-next week. The Convention ordered the printing of 50,000 copies of the Constitution in English, and 5.000 in German. Contrary (as we believe to the wishes or intention ef the Convention, a contract was made with a rate member of that body, (P. M. Kent,) by the Committee on Revision, to execute this printing, the copies to be delivered in this citr. "a ten day. The work is now being
done in Cincinnati, Ohio, there being, (in the opinion of extract: the parties to the contract) no printing office in Indiana i "I have never sought or expected or desired the support capable of performing the job. We know that we could hosewhosc vocation is sectional agitation, and who live i o j and move and have their being in assailing tue rights and hu e done it in six dajt, and there is not a priuting office : jnlerests 0f anv 0f the sovereign States of this Confederain the citv, (unless it bo that of the Volksblatt,) that cy. I have poured no libations to the Moloch of aboli.
could not have done it in the same number of days. Had m even proposals been issued for the printing, we would not complain : but. as this was not done, we think we, as well as our neighbors of the Journal, Locomotive, and Statesman, have just cause of complaint. To convince the people that the impression is a wrong one that the work could not have been done in this city, promptly, we have printed KX"0 copies of the Constitution, in pamphlet form, for gratuitous circulation. This w have done, and mailed them to the several counties, in less than 36 hours after receiving the copy. D There are in this State 186,132 dwellings, and 1S7. 618 families; the number married within the past year was 11.231; the number of death. 13.373. 75,017 cannot read or write; 278 are blind, 517 deaf and dumb, 1-12 insane, 617 idiots, 861 paupers, and 81 convicts. The number of colleges is 83, pupils 5.290; common schools 5,899 ; libraries 117, volumes 75.416; newspapers 98, whole circulation 67,924; number of churches 1,899, church property $1.499,711. There are 101,973 farms, and the value of all the real estate owned is $170,584.961. Th assessments put the real estate at $102.394,49, and the personal property at S34.250.4S1. The true value of real estate within the State is $180,944,325. There are 4.927,257 acres of improved land, and 7.658,421 unimproved ; the cash value of the farms is $128,325.552, of farming implements $6,648,799. The number of horses is 310,475; asses and mules 7,063; milch cows 230,052; working oxen 37,108; other cattle 385.961; sheep 1,063,413; swine 2,314,900. Th whole value of live stock is $23,002,973. The population of Indiana in 1340 was 685,866, wi ich shows an increase of 304,392. Under the apportionment, Indiana will probably, gain one member of Congress. Bounty Land Warrant. We publish the following letter from the Commissioner of Pensions, which will be of much interest to the old soldiers, who aie eutitled to Bounty Lands: Pension Office, ) February 7, 1851. J Sir: Your letter of the 1st inst., inclosing one from J. H. Williams, in which he asks the cause of the delav in
suing L.anü v arrant, has b-en received, ami 1 have 1 coruiai support wiucli they, companions 111 many camthe honor to inform you that we are not aware that any ! Pa'g"s. have afforded me, and you, my kind friends, in delay exists, at present, in the issuing of warrants- . particular. To nil such, in the State and beyond it, I Since the latter part of the past month, when the exam- ! tender my warmest thanks, and nnite with them in sinination of Bounty Land Claims uuder the act of Sept. cere wishes for the welfare of our common Union. A
2Sth, 1850, commenced, this office has issued from 15U to 1 170 warrants per day. Prior to that time, the lorce of the office was engaged in making the necessary preparation lor carrying out the provisions of the law ; which was no small matter, and requ.red time. The estab lished rule ol t:ie office is, that no preference shall be j given to any one; but that all claims shall be taken up and examined in the order in which t'tey are received. and reports in willing made to the persons who transmit or present the papers. Mr. Williams' tetter is herewith returned. I have the honor to be, Very respectfully, Your obt. servant, J. E. HEATH, Commissioner Hon. W. J. Brown. House of Reps. Re-election or Gen. Cass. We have alreadv noticed the re-election ot Gee Cass to the United States Senate lor the full term ol six years, under our telegraphic head. Ther.' was no regular opoaition, and the election took place the dav nfter the or ganization of the Legislature. By this act tii"V naVC .
nilly endorsed the policy and votes of Gen. Cass on the and it well deserves the name. It makes its appearance Compromise measures;" notwithstanding the crv of the ' in an etlualy norel grb and attractive character withl ... . . . , . ... . ! oMt 'pictures, ' (unless we should characterize as such a anoiitiooists, that be has been condemned by the people ( fewr Yery finely executed wood-cut illustrations,) withofhis own State. Gen. Cas now occupies a proud po- , out ev vo a fashion plate ; these customary ornaments beition before the eountrr. and and his friend hvi at ! ln'A, 1 0,lce' substituted by literary matter original.
least the full assurance that they are to h.tve his services in this important branch of the National Legislature. His name will be presented to the next Dr K-ratie Na tional Convention as a Candidate for the nnd should this choice fall on bim, it will s pleasure to contribute our mite to secure ' Bat should another !e selected, we feel coi xidency, as great election, lent that the nominee will receive his ardent support. Lewis Cass is ao Martin Van Buren. He does not belong to the rule or ruined party. Long may he live to enjoy his well earned reputation as an American Statesman and American Patriot. Abolitionism. The abolitionists- recently held a meeting in Boston, which was a queer affair. Composed of all sorts of men, with long beards and red wigs; superannuated old maids ; and querulous matron, who have for years been wearing their husbands pantaloons :. members of the Britiah Parliament ; and fugitives from the, lunatic asylums as well as fugitives from justice and labor. All shades of color from the ivory white te the ebony black. The Boston Herald gives a very amusing description of this motley crowd, from which we copy the follwing extract describing one of the characters. Prominent among the speakers was one of the Hatchi, son Family fresh from an insane retreat evidently as c. azy as a loon, who announced that he bad "a diploma ,r 1 two lunatic asylums, and thought those entitled h'm 1 a bearing in an anti-sle r r convention' We t!vi, 0 too. "He bad se , thousand dollars and 7Mte-.' U. do some good wi'.i ;- tut they called him Ckftzy nd ;ook it away from n 1.. ' Served him right "Ha hired a hall to speak in but w! en he went there to k, he found the door shut ami could not get in. He ha now started with one dollar and a quarter in hi pocket, m vom going to ti$j for the benefit of the huMM rmr. mmt- w sihiib iu K'Te me nrsi icii uoiiar.t J -1.- .: 01 o-':-. 1 .u .L r -. if- . : . t a . . i 1 1 me Anii-oiayery oociciy, sou me nexi icn 10 uie no- , n Rights Society! Censas of Keatacky. 1840. Free Inhabitants 590,570 Slaves 182.259 1850. 781,771 211,247 Increase. 134 .201. 28,981 Total 779,828 993.019 213,192 Tbe above exhibits an increase of nearly 31 per cent, in the free population, nearly 16 per cent, in the slave population, and on the aggregate population an increase of over 27 per coat, in the last ten years. Colored Popniation of Ohio. The late census shows tl at there are 20.840 colored persons in the 43 Southern counties of Ohio, and only 2,096 in tbe 44 Northern eoantie. la Ashtabula eonnty, where Giddings. tbe abolitionist, if sales. th.re are but 40 colored persons.
Hon. Daviel 8. Dickinson. This gentleman retires from the United States Senate
i at the end of this Congress. His loss trill be severely felt. He is one of the few men in that body, who, by ! his acts has show that he felt that he was not only the ! senator from New York, whose local interests he has : ever guarded witli a watchful eye. but that he was the ' representative of the nation ; ever ready to sacrafiee sectional interest on the altar of national good. The joss of such mer from the councils of the nation at this time, is a national loss, especially if his place is to be filled by a tool of W. H. Seward and his higher law clique. Mr. Dickinson was deprived of those early ad vantages which have been enjoved bv most of our dis- .... , , tmguished statesmen. In youth apprenticed to a fuller arM clothier; in the early period of manhood a survey- j or ; afterwards a successful and popular lawyer ; finally a distinguished politician and statesman. In the divided and distracted state of politics, now unhappily existing in New York, Daniel 8. Dickinson, who had near bowed the knee to R Baal ef fanaticism who stood firmest, when the Van Buren defection had shivered into fragment, the columns of democracy who denounced treachery, wherever it showed its head, had no chance of suceess. He refused his friends the permission of using his name in the recent seramble at Albany. In withdrawing he addressed a letter, in reply to one from some of his friend, from which we make the following M - m i I Xi . 1 tiouism. I tiave onereu no sacrifices upon its polluted a!tar. l neitner enjoy nor covet toe connuence oi its votaries, either lineal or collateral, and feel more honored by their denunciation, than I should by their encomiums. I have not united with them in planting, and am entitled ro no snare ol their Im 1 am proud to enjoy, Win . . . w - . i other democrats avowing like opinions with myself, the hostility of all recusants, who, finding themselves abandoned in their unprofitable experiment of secession and disunion, were anxious to avail themselves of the forms of union to sent themselves again with the democracy of the State, that they miirht control results for the benefit of their pur..zans where they could, and defeat dem ocratic nominee where they could not "The Democratic party Is essentially National in its 1 rsrnniation, in the 5tate as in the Lnion. Ihn history of its triumphs boars no record of its treaties with those ; hostile to its own catholic creed, under any pretence j however specious, or under any name however euphoni- I ous; nor has it consented to lay aside or conceal its own cherished principles, or adopt shades of such as it was wont to repudiate, that it might swell its train of follow- ! ers and secure the spoils of office. In ail its functions, attributes and characteristics, it is co-extensive with the Union, and it should not be less so in its action, and in the views and aims of those who are admitted to its memlicrship. It cannot be otherwise, without deroga- i ting from its true attitude, or departing from all "the great principles by which, since the organization of the government, it has ben guided. If it shall be made by j those who temporarily govern its action in th State, to minister in any form, by any act. or by any prudential omissions to discharge its whole duty to the constitution, and to the cause and principles it has upheld Mr half a century, that it may pander for votes to the morbid spirit of abolitionism, and retain those in its organization who are hostile to all it holds most sacred, it will be degraded from its former elevation, and can no more secure the confidence of the honest masses, than it will deserve it. For one, I will neither by word or by deed, or even by ; silence, contribute to any such course. If the democrat- ' ic party is to be abolitiouized in whole or in part, cither in its doctrines or its associations if it is to be so far 1 denationalized that it may no. declare its own principles, or must adopt sectional heresies if acts, passed in a be- , nign and patriotic spirit, to quiet agitation, the offspring j of demagogues and fanatics, and to protect the Union itself troin threatened invasion, must be repealed if a t law. enacted not only in accordance with the spirit of; the constitution, but to carry out one of its plainest provisions, is to be nullified, so far as state legislation can nullify it, let who will favor or acquiesce in it. I will j not, anil it will be regarded by all true democrats, as at , war with every dictate ot good government, the obligations of law, and the supremacy of the constitution. "I am deeply sensible of my obligations to the true Democracy of the Stute. I acknowledge with pride the ,ew "ays will close my public service. Had it been ) fortune to have left ihe Senate before the great questions ! wiiu li have so long and so deeply agitated the country, j had lieen fully, and as I think, rightly passed upon, it would bave occasioned me serious regret; but, sinee I was permitted to bear a part in their adjustment, so far as it could lie accomplished bv legislation, and thev now ! tand for decision before the tribunal of public opinion. I hall return to mv private pursuits wiili far more gratification than I left them. As the legislature is composed, inere is no prospect whatever o the election ol invseil or any other democrat, and having no desire under such I circumstances to be a candidate, I trust my Inonds will do me the lavor not to present my name. With kind consideration and regard fur each of you, I am Your sincere friend and' fellow citizen, D. S. DICKINSON. Graham's Magazine. We have receiaed the March number of this excellent periodical. The Philadelphia North American has the following notice of this number: GrIHW's Mir.lTIVr i. ,i fr,.h in niilitlA.I in I bo mrm - - , m ..AWsvMf m V 11 kl, tuvi in . nuhlishcr's lintif (.(inrnminvinir il "ü umri rimnli.T " i r . . .. , ; I J s " I 1 w - ) American ;iaiu-ior literary matter (it cost, we learn, $1300) 144 pfljes of it . too just as many as Harper's IScw Mouthly anO the International Magazines devote to selected matter, not paid for, Irom the British periodicals. The iotention of the publisher is obvioHs and praisewoi thy the rouit singular am! smcccssiH . There are no less than fifty different original pafiers in the number, presenting a great display of names of popular American writers, and as great a variety of subjects handled. It is, in consequence, a most attractive and excellent number, superior in interest and general merit to its foreign rivals of this mon:h, and deserving the approbation which should attach to national spirit and liberal expenditures. We are sure that the popular verdict will be in its favor; as we are equally sure that an American magazine, conducted on such a plan, is, in its beneficial influence on American literaiure. of more worth than all the reprints, of or from British periodicals, in the world. Mr. Graham has, we are pleased to learn, U'en eminently successful in his Magazine since be resurued its management; and, certainly, if extraordinary aptitude in accommodating the public taste : r in i j: . r .1 ' i- i n i . i " t.i. tinn ii means n .lecomu t-l. a-el .i-nniii pro, en.U 1 th.' ii noerai ois ieri?n- ,..!. , r .u u . . i . . t- i .i employment of the best talent, upon the only sure meih- f . '. - . . J ... od, that of the best payment if continual watchfulness avail himself of whatever is new or striking; and, in a M.nl . a resolute determination not to be outdone, in anv ; way, by any body, entitle him to success, he eminently deserves it. The April number, will, we learn, present its former j decorated appearance, and be expensively and splendidly ithutrated. Whiggery and the Unflwa. The Scott meeting recently held in this city, passed, among others, the following resolution : Retolrcd That the whole hiatcry of the Whig party is a sufficient guaranty of fidelity to tbe "Union, now and forever." If Daniel Webster's word is worth anything the bistorJ of the Whig party, for the last eight years, has been anything else but "a sufficient guaranty of its fidelity to ,i 17 the L' won Hear him: Extract from Daniel WetMer'n Abiiigtoii Speech umt this time the effort of the Whig ALONE had raited a ttrong excitement in the North againtt the annexation of tlate territory. I say the Whig JlLONE, far nobedtf belonging to the other party. North or South. East or West, itirrtd a Anger in that came; or if there were any. they were to few at not to be ditcerniblt in the max, until the WHIGS of New England, Ohio, and other Middle Statet, HAD ACCOMPLISHED A GREAT EXCITEMENT, a new feeling in the publie mind. And then thi portion of the Democracy of New York, now denominated the barn burning party, teized upon this ttate of excitement thut brought abtrut by WHIQ EFFORT, and attached this principle to their creed, to give them a pre-eminence over their rival. Mail Robber A a re teil Mr. Floyd, an officer from Indianapolis, arrested near Peru. Ia.. a few davs siRce, a driver of one of the stages on the route, who was charged with robbing the mail.
AMENDED CONSTITUTION OF THE STATE OF INDIANA, AS ADOPTED BY THE CONVENTION OF THE PEOPLE, FEBRUARY 10, 1851. 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 alt men are created equal ; that they are endowed by their Creator with
certain unalienable rights; that, among t'. .-se, are life, eny, and the pursuit ot happiness; tha. all power is inherent in the People; and that all free governments and Df right ought to be foundedon their authority. and instituted for their peace, safety, and well-being. For the advancement of these ends, the People have, at ' all times, an indefeasable right to alter and reform their I government. Sec. 2. All men shall be secured in the natural right to worship Almighty God, according to the dictates of J their own consciences. Sec 3. No law shall, in any case whatever, control the free exercise and enjoyment of religions opinions, i 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 j place of worship, or to maintain any ministry, against j his consent. Sec 5. No religions test shall be required, as a qualification for any office of trust or profit. Sec. 6. No money shall le drawn from the treasury, ! tor the benefit of any religious or theological institution. Sec. 7. No person shall be rendered incompetent as a witness, in consequence ot his opinions on matters ol religion. Sec 8. The mode of administering an oath or affirmation, shall be such as may lie most consistent with, and binding upon, the conscience of the person, to whom such oath or affirmation may lie administered. Sec 9. No law shall be passed, restraining the tree i it I 1. . m it ivn nt th..n .1 -' , .viril'! I I r I fit . - . - j- . , M-t v. v v. right to speak, write, or print, freely, on any subject whatever; but fr.r the abuse of that right, every person shall be responsible. Sec 10. In all prosecutions for lilel, 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 persons, houses, papers, and effects, aeainst unreasona ble search or seizure, shall not Ite violated; and no war rant snail issue, out upon pronniiie cause, supporieu oy oath or affirmation, and particularly describing the place to lie searched, and the person or thing to lie seized. Sec. 12. All courts shall be open; and every man, for injnry done to him in his person, property, or reputation, shall ha'e 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 mis, me miu'iu . shall ha-. e the right to a puhl.o l!, by an impartial , jury, in the county in which the offense shall have been committed; to be heard by himselt and counsel; to demand the nature and cause of t'ie accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtain ing witnesses in his lavor. Sec. 14. No person shall be put in jeopardy twice . J ... lor the same ollense. iSo person, in anv Criminal prosecution, shall be compelled to testify against himself. Skc. 15. No person arrested or confined in jail, shall Ikj treated with unnecessary rigor. Sec 16. Excessive bail shall not be required. Excessive fines shall not lie imposed. Cruel ard nnusual punishment shall not le inflict.-.!. All penalties shall be proportioned to the nature of the offense. Sec 17. Offenses, other lhan 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. IS. 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 remain inviolate. Sec. 21. No man's particular services shall be demanded, without just compensation. No man's property shall be taken bv 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, exempting 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 Assemb'y shall not grnnt to any citizen, or class of citizens, pi ivilcges or immunities, which, upon the same terms, shall nofequally belong to all citizens Sec 24. No ex pot facto law, or law impairing the obligation of contracts shall ever be passed Skc -J5. No law shall lie passed, the Inking effect of which shall be made to depend upon any authority, exept as provided in this Constitution. Sec. 26. The operation of the laws shall never bo suspended, except by the authority of the General As semmy Sec 27. The privilege of the writ of haben corpu shall not lie suspended, except in case of rebellion or invasion I and then, only if the public safety demand it. Sue. 28. Treason against the State shall consist, only in levying war against it, and in 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 his conlession in open court. Sec. 30. No conviction shall work blood, or forfeiture of estate. corruption of Sec 31. No law shall restrain any of the inhabitants of the State from assembling together in a peaceable manner, to consult for their common good ; nor from instructing their representatives; nor from applying to the General Assembly, for redress of grievances. Sec 32. The people shall have a right to bear arms, for the defense of themselves and thm State. Sec. 33. The military shall be kept in strict subordination to the civil power. Sec. 34. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; ! nor, in time of war, but in a manner to be prescribed by j law. Sec. 3. The General Assembly shall not grant any title of nobility, nor confer hereditary distinctions. Sec. 36. Emigration from the State shall not be proi hi I lit eil. Sec. 37. There shall be neither slavery, nor involun tary servitude, within the Slate, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted. No indenture of any Negro or Mulatto, made and executed aut of the bounds of the State, shall be valid within the State. ARTICLE II. JTFFfcAOE AND ELECTION'. C . .11 I - 1 II L C 1 1 section I. jii elections smtii ikj irce anu eouai. . . v ia . . -.. . - bEC. 2. In all elections, not otherwise provided for by this Constitution, every white male citizen of the United States, of the age of twenty-one years and up . ward.-'; who shall have resided in the Stale during the six months immediately preceding such election: and .- r r .i - r .i r . ... every wane uiaic, ui loicigu Hum, oi me aye oi iwciiiy J . P . 71 . .. . . .J one years biiu unwarus. wnr mkiii nave icsiucu in u:e .je.. ' m a - i i .1 1 mieil State one vear. mn slot I have resided in this i i i -i .11 i : j i .l State during the six montas inrrnadiately preceding such election, and shall have declared bfs intention to become a citizen ol the Unrted States, conformably to the laws of the United States on the subject of naturalization; shall tie entitled to vote, in tbe township or precinct where he may reside. Sec 3 No soldier, seaman, or marine, in tbe army or navy ol the United States, or of their allies, shaH be ueenieu to nave aequireu a resiuence in nie ouue, hi consequence of having been stationed within the same ; nor shall any such soldier, seaman, 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 nis absence, either on business of this State or of the United States. Sec. 5. No Negro or Mulatto shall bave the right of su fir age. j Sec. 6. Every person shall be disqualified 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 cany to another person 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 ef suffrage, and to render ineligiu, TV""3T t""";lTuBn ,'- - . . i i " j - -e : mJtmtX, 'l II"MIMI IUvWV- vhsw f pointment under tbe United States er 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 attachd no nun I salary, and the office of Deputy Pftetmaster, where the compensation does not exceed ainety dr liars per annum, snail not be deemed lucrative: And provided, alto, that counties, containing less than one fhoust n I noils, mat confer the office of I Clerk. Recorder, and Auditor, or sty two of said office, i upon the same person.
Sec 10. No person who may hereafter be a collector I or holder of public moneys, shall be eligible to any office of trust or profit, until he shall have accounted for, and paid over, according to law, all si ms for which he may be liable. Sec 11. In ell cases in which it is provided, that an
office shall not be filled by the same person, more than a certain number 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 Irce 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 bal-1 lot; and all elections bv the General Assembly, or bv either branch thereof, shall be rim voce. Sec 14. AI' general elections shall be held on the second 1 uesday in October. ARTICLE m. DISTRIBUTION OF POWERS. Section 1. The powers of the Government are divided into three separate departments; the Legislative, the Executive, including the Administrative, and the Judicial; ami no person, charged with official duties under one of thse departments, shall exercise any of the functions of another, except as in this Constitution expressly provided. ARTICLE IV. LEGISLATIVE. Section 1. The Legislative authority of the State shall be vested in a General Assembly, which shall consist of a Senate and a 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 I they shall be chosen by the electors of the respective ! counties or distric'?, into which the State may, from time I to time, be divided Sec. 3. Senators shall he 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 j be divided, by lot, into two equal classes, as nearly as I may be ; and the seats of Senators of the first class shall ue iBcaua ;u I if pxnimt nn o I wn voir. nn n hnc, l 1 . f . I -. - j , lui . , u u . uvw of the second class at the expiration of four years: so tnat one hall, as neanj as niilllv. forVpr tlierpnflpr , , i ... I.. N ' L " t 11 1 1 i ble, shall be chosen bicnAnd in case of increase in the number of Senators, they shall lie so annexed, bv lot, to one or the other of the two classes, as to keep them as nearly equal as practicable. Sec 4. The General Assembly shall, at its second session after the adoption of this Constitution, and eve y sixth year thereafter, cause an enumeration to be . . ide, of all the white male inhabitants over the age of twentyone years. Sec 5. The number of Senators and Representatives shall, at the session next following each period of making such enumeration be fixed by law, and apportioned among the several counties, according to the number ol white male inhabitants, aliovc twenty-one years of age. in each: Prorided. that the first and second elections ol memliers of the General Assembly, under this Constitution, shall be according to the apportionment last made . , . . , i " " , r ... I Sec. 6. A Senatorial or Representative district, ' where more than one county shall constitute a district, shall be composed of contiguous counties; and no county, for Sena tori il apportionment, shall ever be i divided. ' . .Sec- 7' No Pfrsf.,n a Senator or a Represen- I T 1 I'll U- in ot t in ff.mn ' t lila u lAlmn , m ... i n i -Mill' vi in-, CltV .IUI! , IS mu u i III. II inp I run-,! T ilfti mir mil- .in., II in hn. uz .....i. I ..- I two vears next nrecedinü his election, an inliabiranr of a.v . . i , i. i . I '"I,,. II' II - 1,1 -. I" II . IV. this State; and. for one rear next preeedino- his election, an inhabitant of the county or district, whence he may be chosen. Senators shall be at least twenty-five, and Rcpreseutativcs at least twenty-one, years of age. Sec. 8. Senators and Reprcsenratives, in all cases except treason, felony, and breach of the peace, shall be j privileged Irom arrest, during the session ol the General Assembly, and in going to and returning from the same; and shall not be subject to any civil process, during the j session of the General Assembly, nor during the fifteen ! days next before the commencement thereof. For any speech or debate in either House, a member shall not be questioned in any other place. öec H. 1 he sessions ol the General Assembly shall lie held biennially at the capital of the State, commencmi; -..n tmm uui --u.iy -AI uiui me nrsi mummy m jnn- . Uaxy, in t!:e year one thousand eight hundred anil tiftyi three, and on the same day of every second year therei after, unless a different day or place shall have lieen npi pointed by law. But, if, in the opinion of the Governor, r ,1, . TM, ., . I . I". .1... . -tf I . r t the public wcllare 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,) i judge the flections, qualifications, and returns of its own members, determine its rules of proceeding, and sit upon I its own adjournment. But neither House shall, without the consent of the other, adjourn for more than three i days, nor to any place other than that in which il may be Bsc. 11. Two-thirds of each House shall constitute a j qn?rum, to do busincstf; but a smnlbr number may meet .ii. j "iii it .rii v . . i j cairva ' i ' i I .ii' . I i i . i ' 1 1 bjV 'l absent members. A quorum lieing in attendance, if either House fail to effect an organization within the first five days thereafter, the members of the House so failing, shall he entitled to no compensation, from the end of the said five davs, 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 navs. 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: Prorided. rhnt, on a motion to adjourn, it shall require one-tenth of the member present, to order the yeas and nays. Sec 13. The doors of each House, and of Commit, tees of the Whole, shail lie kept 0en. except in such C8SS as 'n tue opinion of either House, may require , frei rcj- . Sec 14 r ....- ir....... .. ,u 1 r disorderly beh ' - ' i x I w. -c iii i'iiiiiii II iiiriuin I s I. ii havior. and mav." with the concurrence nf two thirds, expel a member; but not a second time for the same cause. Sec 15. Either House, during its session, may pun- ; ish. by imprisonment, any person not a member, who shall have been guilty of disrespect to the House, by disorderly or contemptuous behavior, in its presence; but ' such imprisonment shall not, at any one 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 Stnte. 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 Rep- . resentatives. Sec. IS. Every bill shall lie read, by section?, 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 ex- ; pedient to dispense with this rule; but the reading of a bill, by sections, on its final passage, shall, in no ease, be dispensed with ; and the vote on the passage of every bill, or joint resolution, shall be taken by yeas and nays. Sec. 19. Every ect shall embrace but one subject, - - - 1 . . tot , 1 r 1 .1 . . nil. I lllit 1 1. I 9 LH iil'Ul 1 T .iiuiii. 1 i;u 1111 cw im , . 111. 11 ?un ri 1 g 2ti the ti,ic. But if any subject shall . 'i . . unii nnt ij ovrA.i ; iry, iiiiii(Li.jinuiiuti. " 1111 11 -11111 ii. 1 -- v lim s v-v j i the title, such act shall be void, only as to so much thereof ns shall not be expressed in the title. Sec. 20. Every act and joint resolution shall be plainly worded, a. oidiug, as far as practicable, the use of I 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 published, at lull length. Sec 22. The General Assembly shall not pass local or special laws, in any of the following enumerated cases, that is to say: Regulating tbe jurisdiction and duties of Justices of the Peace and of Constables. For the punishment of crimes and misdemeanors ; Regulating ths practice in courts of justice. Providing for changing tbe venue in civil aud criminal cases; Granting divorces: Changing tbe names of persons; For laving out, opening, and working on. highways. I and for the election or appointment of supervisors . Vacating roads, town plats, streets, xlleys,and public ; squares; Summoning and empa:ineling grand and petit juries, j and providing for their compensation; Rgulating county and township business; Regulating theelection 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 preservation of school funds ; In relation to fees or salaries ; In relation to interest on money ; Providing for opening and condneting elections, of State, county, or township officers and designating ths places of voting ; Providing for the sale of real estate, belonging to minors or other persons laboring nnder legal disabilities, by executors, administrators, guurdians, or trustees. Sec. 28. In all the eases enume. -ted in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general, andot uniform operation throughout the State 1 Sec. 24. Provision may be made, by general law, for
bringing suit against the State, at to all liabilities originating after the adoption of this Constitution; but no special act, authorizing such suit to be brought, or making compensation to any person claiming damage against the State, shall ever bo passed. Sec. 25. A majority of all the members eleeted to
each House, shall be necessary to pass every bill tr 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 :. 28. No act shall take effect, nntil the same shall been published and circulated, in the several counhave ties of the State, bv authority, except in case of emer gency; which emergency shali be declared in the preamble, or in the body of the law. Sec 29. The members of the General Assembly shall receive, 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 bo made, j No session of the General Assembly, except the first under this Constitution, shall extend beyond the term of sixty-one days, nor any special session beyond the term of forty days. Sec 30. No Senator or Representative shall, during the term for which he may have been elected, lie eligible to any offiec, the e'ection to which is vested in the General Assembly ; nor shall he lie 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. ARTICLE V. EXECUTIVE. Section 1. The executive power 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 anv periou oi eigtu wars EC. 2. There shall be a Lieutenant Governor, wbo , shall hold his office during four vears Sec. 3. The Governor and Lieutenant Governor shall he elected at the times and places of choosing members of the General Assembly. Sec. 4. In voting for Governor nnd Lieutenant Governor. the electors shall designate for whom they vote . j o j " 1 r L. T : . . as Ijovernor, and lor whom as Lieutenant Uovernor. The returns of every election for Governor and Licutcnant Governor, shall be sealed up and transmitted to the seat of government, directed to the Speaker of the House j of Representatives, who shall open and publish them in 1lip nreseiifc ol both Houses of the Gem ral Assemblv Sec. 5. The persons, respectively, having the highest number of votes for Governor and Lieutenant Governor, shall be elected ; but in case two or more persons shall i have an equnl and the highest number of votes for either office, the General Assembly shall, bv joint vote, forthv ith proceed to elect one of the said persons Governor or Lieutenant Governor as the case mav be Sec 6. Contested elections, for Governor or Lieutenant Governor, shall be determined by the General Assembly, in such manner as may bo prescribed by law. Sec 7. No person shall bo eligible to the office of Governor or Lieutenant Governor, who shall not have i .. , , . :,:.. r ,k TT;i.i c.. ...i i, L.,;i.,. lr k Rrt. fadi.-.n oWi rl,e fiv ve.r VI next preceding his election; nor shall any person be eligible to cither of the said offices, who shall not have attained the nae of thirty years. Sec 8. No member of Congress, or person holding any office under the United States, or under this State, hall fill the office of Governor, or of Lieutenant Gov ernor. Sec 9. Tho official term of the Governor and Lieu- ! tenant Governor shall commence on the second Mondav i of January, in the year one thousand eight hundred and hfty-threc; and on the same day every tourthyear there after. 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 Governor - and the General Assembly shall, by law, provide for the case of removal from office death, resignation, or inability of both the Governor and Lieutenant Governor, declaring what officer shall then act is Governor: and such officer shall act accordingly,' until the disability be removed or a Governor lie elected. Sec 11. Whenever the Lieutenant Governor shall act as Govcraor, or shall be unable to attend as President of I : the Senate, the Senate shall elect one of its own mem bers. as frcsulcnt lor tli-j occar-ion Sec 12. The Governor shall be commander-in-chief of the military and naval forces, and may call out such forces, to execute the laws, or to suppress insurrection, or to repel invasion. Srr M He Oi-i'.l from rime to time, five to the Genmmwwm - - - -" . . , . 9 arl Ai.BmLIn i r I . . i , , . . i ,m t nt l. h i n f T t lif fnnill t inn of ihr. li ai in. 'i, . ,,i'-i iiuti,i. . - v. , . .. 'ii - - State, ami recommend such measures as lit shall judge ' -- Sec 14. Every bill, which shall have passed both Houses of the General Assembly, shall be presented to the Governor- if he approve, he shall sign it, but if noi I. a oliull r.. i,.i it u-illi luv n linnlinnc In I If HoilP in return it, with his objections, to which it shall have originated; which House shall enter the objections, at large, upon its journals, and proceed 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 scut, with the Governor's objections, to the oilier 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 signature, unless the general adjournment shall prevent its return; 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 office of Secretary, 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 officers of government, and may reI . . . . . V r . iqmre information m writing Irom the officers of the ad 1 ministraiive department, npon any suojeci relating to ! llltr uuiil.- j iiit-ii ii.-9irL'uii- .'im. . - IIIILie.- Ol lllt-ll I V? HTV IIIU .I.IKV.. Sec. 16. He shall take care that the laws be faithfully executcd. Sec 17. He shall have the power to grant reprieves, commutation.', and pardons, after conviction, for all offences except treason and eases of impeachment, subject . L m 1 I fri ii I . n nm. i.lii1 ,i lour I'nrTlll itl yiicil l CK ill. il ions as mat nz ;ii...iui 'j " conviction tor treason, he shall have tKrwcr 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 pardon, commute the sentence, direct the execution of tbe sentence, or arrant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may he prescribed by law, and shall report to the General Assembly at its next meeting, each case of reprieve, commutation, or pardon granted, and also the names of all persons in whose favor remission of tines and forfeitures shall have lieen made, and the several amounts remitted: Prorided, hotccrer, that the General Assembly tray, by law, constitute a council to be composed of offic rs of State, without whoso advice and consent, the Governor shall not have power to grant pardons, in any case, except such as may, by law, be left to bis sole power . ,. , . - r, k Sec 18. "When, during a recess of the General Ast 1 .. m ........... 1. I.n....n. r... Oi.. tho nnnnml. sembly, a vacancy shall happen in any office, the appoint ment to which is vested in the General Assembly; or when, at anv time, a vacancy shall have occurred in anyOther State office, or in the office of Judge of any Court j the Governor shall fill such vacancy by appointment, which shall expire, when a successor shall have been i elected and qualified. Sec 19. He shall issue writs of election to fill such vacancies as may have occurred in tbe General Assera- j blv. Sec. 20. Should the scat 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 committee of the whole, to join in debate, and to vote OSJ all subjects; and wheneverthe Senate shall be equally divided, he shall give the casting vote. Sec. 22. The Governor shall, at stated times, rece ve j for his services a compensation, which shall neither b increased nor diminished, during the term for which he : shall have lieen elected. Sac 23. The Lieutenant Governor, while ho shall act M President of the Senate, shall receive, for his service j the same compensator as tbe Speaker of the House of Ronrpsentntives ami anv tier son. Bctinff as Governor. -uJn .uJ Zl: ....1,4 .v, r Slllftll ll'UCIIC U. . . 1 1 1 1 1 . . IIJ&-. mil a.Mivuvu .ii, ,ii,. . wb uovernor. 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 VI. ADMINISTRATIVE. 8ec. I. 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 lor 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 connty by th..voters thereof, at the time of holding general elections, a Clerk of the Circuit Court, Auditor, Recorder, Treasurer, Sheriff, Coroner, and Surveyor. The Clerk. Auditor, and Recorder, shall continue in office four years; and no person shall be eligible to the offica of Clerk Re. corder, or Auditor, more than eight years in any period ! of twelve years. The Treasurer, Sheriff, Corener, and
Surveyor, shall continue in often two years; and ne parI son 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 shr.ll be elected, or appointed, as a county officer, who shall not be an elector ot the county ; : nor any one, wbo shall not have becnaa inhabitant thereof, during one year next preceding bis appointment, iT the county shall have been so long organized ; bat if lb , county shall not bave been so long organised, then rthI in the limits of the county or counties, out of which the
same snail nave neen taken. Sec 5 1 he Governor, and the Socretarr. Au.t,inr and Treasurer of State shall severally reside and keen the puMte records, books, and papers.'in any manner relating to their respective offices, at the seat of govern UCIIl. Sec 6. All county, township, and town officers shall reside within their respective counties, township ,1 towns, and shall keep their respective offices at such pi ces therein, and perform such duties, as may be dirscti aA I rA.tn by law. Sec 7. All State officers shall, for crime, incapacity or negligence, be liable to be removed from office either bv impeachment bv the House of Representatives to ho tried by the Senate, or by a joint resolution f the Gen. erai Assembly ; two-thuds ol the members elected each branch vo'ing, in either case, therefor. to Sec 8. All State, county, township, and town officers, may be impeached, or removed from office, in such manner as may be prcscriltcd bv law. Sec. 9. Vacancies in county, township, and town officos shall be filled in such manner as may be prescribed1 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 ARTICLE VII. judicial. Sectio:. 1. The Judicial power of the State shalf De vested in a Supreme Court, in Circuit Courts, and irr mien interior Courts, as tue General Assembly may establish. Sec. 2. The Supreme Court shall consist of not leas than three, nor more than live Judges; a majority of whom shall form a quorum. They shall hold their offices for six years, if they so long behave weN. Sec 3. The State shall lie divided inte as many dis. tricts as there are Judes of the Supreme Court - and snch districts shall be lornied ol eontiruous territory, nearly equal in imputation as. wuiioiu uivuunii a connj l7 the 8aroe tan be made. elected from each district. One of said Judges shall bo and reside therein : but said Judges shall be eleeted by the electors of the State at , large. Sec 4. The Supreme Court shall have jurisdiction, co-extensive with the limits of the State, in appeals and : writs of error under snch regulations and restrictions as may be prescribed by law. It shall also bave such , original jurisdiction as the General Assembly may con- ; lor. Sec 5. The Supreme Court shall upon the decision i of every case, give a statement in writing of each quesj tion arising in the record of such case, and the decision of the Court thereon. , bnc. b. 1 he Lreneral AssemMv mi ihovkIp bv Utr- : far the speedy publication of the decisions of the Suprcmc Court, made under this constitution ; but no Judge sl,al1 ,l allowed to report such decisions, ! Sec 7- There shall be elected by the voters of the State, a Clerk of the Supreme Court, who shall hold his j 'ffiLC four veari, and wllos: duties shall be prescribed by law, Sec. 8. The Circuit Courts shall each consist of ono Judge, and shall have such civil and criminal jurisdiction as may be prescribed by law. Sec 9. The State shall, from time to time, be divided into judicial Circuits: and a Judge, for each Circuit shall lie elected by the voters thereof. He shall reside within the Circuit, and shall hold his office for the term of six years, if he so long behave well. Sec. 10. The Gener.il 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 ease of temporary inability of any Judge from sickness or other cause, to hold the Courts in his Circuit, provision may lie made by law for holding such courts. Sec 11. There shall lie elected, in each Judicial C ucriit, by the voreis rhercof, a Prosecuting Attorney, who shall hold his office for two years. Sec. 12. Any Judge or Prosecuting Attorney, wbo shall have been convicted of corruption or other high crime, may, on information in the name of the State, be removed from office by the Supreme Court, or in such other manner as may be prescribed by law. Sec. 13. The Judges of the Supreme Court and Circuit Courts shall, at stated times, receive a compensa- . , ' tlOll, V till h shall not be diminished during their continuI ancc 111 mce. bEC. 14. A competent number of Justices of the Peace shall be elected, by the voters m each township in several counties. 1 hey shall continue m offu e lur years, and then powers and duties shall be prescribed l' law Sec. 15 AU judicial officers shall be conservlors of the peace in their respective jurisdictions. Sec. 16. No person elected to any judicial effict, shall, during the term for which he shall have been elect. d, be eligible to any office of trust or probt, under tba State other than a judicial office. Sec. 17. The General Assembly may modify, or abolish, the Grand Jury system. Sec. IS. All criminal prosecutions shall lie carried on, in the name, and by the authority, of the State; and the style oi all process shall le " Ihe Mate ol Indiana." Sec. 19. Tribunals of conciliation may lie established, with such powers and duties as shall lie prescribed by law; or, the powers and duties of the same may lie conferred upon other Courts of justice; but such tribunals or other Courts when sitting as such, shall bave no power to render judgment to tie obligatory on thejparties, unless they voluntary submit their matters of difference, and agree to abide the judgment ef such tribunal or Court. Sec. 20. The General Assembly, at its first session after the adoption of this Constitution, shall provide (or the appointment of three Commissioners, whose duty it shall lie to revise, simplify, and abridge, the rules, practice, pleadings and forms of the Courts of justice. And tlicv shall provide lor abolishing the distinct lorms of ac- , . ! "on at law, now in nse ; and 1 that jostice shall be ad mi oistered in a uniform mode of pleading, without distinc tion lietween law and equity. And tbe 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 tbe i m . i result ol their labors to the General Assembly with such recommendations and snjjeestionv its to abridgement and amendment, as to said Commissioners may seem necessary or proper. Provision shall lie made, by law, for filling vacancies, regulating the tenure of office, and the compensa i ion of said Commissioners. Sec. 21 . Every person of good moral character, being a voter, shall lie entitled to admission to practice law in all Courts of justice. 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 Assembly, to encourage by all suitable mcsns. moral, intellectual, scientific, and agricultural m a n improvement; and to provide, by law, lor a general ana uniform system of Common Schools, wherein tuition shall ; lllllior 111 Mem UI su "ii u. nouia, "v. . without charge, and equally open to all 1 . J . m Sec 2. The Common School fund shall consist ot the Congressional 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 tbe one hundred 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 Seminaries; from the fines assessed for breaches of the penal laws of the State; and from all forfeiture which may accrue; All lands and other estate which shall escheat to tba State for want of heirs or kindred entitled to tbe inheritance ; All lands that have been, er may hereafter be, grant' .d to this Skate, where no special purpose is expressed n the grant, and The proceeds of the sales thereof, including the proceeds of tbe sales of the Swamp Lands, grant' ed to the State of Indiana by tbe act of Congress of 2tb September, 150, after deducting the expense of selecting and of draining the same ; Taxes on the property of corporations, that may be assessed by the General' Assembly for Coaaaioa School ! purposes. j - gg, J Sec 3. The principal of tse Common school land shall remain a perpetual fond, which may be increased, but shall never he diminished i and the i.-.come thereof ' shall be inviolably appropriated, to tbe support of Com mon Schools, and to no other purpose whatever. Sec 4. The General Assembly shall invest, in some safe and profitable manner, all sucb portions of tbe Common School fand, as have not heretofore been entrusted to tbe several counties ; and shall meke provision, by htw, for the distribution, among tbe several counties of the interest thereof. Sec 5. If any county shall fail to demand its p.oportion of such interest, for Common School purposes, tbe same shall ha re-invested, for the benefit of such county. Sec 8. The several counties shalf be held liable (or the preservation of so much of he waid fund, a may le entrusted to tbem, and for the payment ef the annual interest thereon. Sec 7. All trnst funds, held by the State, shall remain inviolate, and be lailbftdly and exclusively applied t the pnrpose, for which the trnst .a created.
