Indiana State Sentinel, Volume 10, Number 39, Indianapolis, Marion County, 27 February 1851 — Page 1

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THE INDIANA STATE SENTINEL.

I " WILLIAM J. BROWN, Editor. TX-f- XI "Fl XT T TT ' 5 SEMI-WEEKLY, U OO AUSTIN II. BROWN, Publisher. 5 " X . W EEKLY ! 2 00 VOL. X. INDIANAPOLIS, THURSDAY, FEBRUARY 27, 1851. NO. 39.

INDIANA STATE SENTINEL: A GAZETTE OF THE PEOPLE, E7-Office in THE SENTINEL BiriLDINtiSa North Side Washington, near Meridian St., OPPOSITE ODD FELLOW'S ttat.t,, AUSTIN H. BROWN, Publisher. THE SEMI-WEEKLY EDITION I pub. fettled every Wednesday and Saturday and Tri-Weekly during the .-session ot' tiie Legislature, at

FOUR DOLLARS A YEAR, Invariably in Advance. THE WEEKLY EDITION .1 pabtished every Thursday, and is furnished to subscribers at the following very low rales: One Copy, one year, SVJ 00 Three Copies, one year 5 00 vc Copied, one year, 8 00 j Tel: ret-ies, (in Club) one year UM f)ne Cop-, iii months. 1 00 One Copy, three mouths, 30 The Money, in all cases, to accompany subscriptions. TT" Any person sending us a Club of Ten, wild SSMk. at llie rate or fI 00 each, shall have a copy gratis for oite e ir. Kr a greater hamper than ten. the gratuity will be increased m proportion. by a recent uecuuou of tue Department, they are autnonzed o frank 7"Ail Val .Masters are requested to aet as Agent, and. as such. teners for the benefit a subscribers (Ly- All papers will be stopped at the end of the term paid tbr, antes the subscription is renewed, except lo those with wnom we have unsettled business accounts. XZ7 Drop Letter, addressed to this office, will not be taken out bales the poiag is paid. Tmniitnl AUcertiumtnt$, must be paid for when presented, r tliey will not ap;iear TV-No AMnoiu CommMHicmtion will receive attention at üiis olhre. fT MetrtiMmtnts must be handed in by 10 o'clock, A. M , on Monday, Wednesday, and Friday, lo insure insertion ill the Tri- 1 Weekly. ttXÄi Paptr offers inducements to Advertisers equal to any ther establishment hi llie dlale. BATES OF ADVEHTISINQ. We will advertise at the following rales in our respecUve Weeklies. Patent Medicine, at f 150 00 per column. ' Business Advertisements, 'Si OU per qr. vol. Iefal and other advertising at 50 cents per square of 250 ems, for ; Irst insertion, and 25 cents lor each subseqiicul insertion. AUSTIN II MftOWN, JOHN U UKKHKKS. AMENDED CONSTITUTION OF THE STATE OF IMM VV, AS ADOPTED BY THE CONVENTION OF THE PEOPLE, FEBRUARY 10, 1S51. PREAMBLE. To the end, that justice be established, public order maintained, and liberty perpetuated; we, .hc People of the State of Indiana, grateful tu Almighty Gor for the free exercise of the right to choose our own form of government, do ordain this Constitution. ARTICLE I. BILL OF RIGHTS. Section I. We declare, That all men are created equal; tint 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 ol right ougiit to oe inunucuon tncir auttioruv . . anu iiisnuiicii ioi men iic.ne. mich, ao'i v cu-iwiii . For the advancement of these ends, the People have, at i i . - r . .i , rt o lä:. all times, a n indeleasable right to alter and reform their government. Sec. 2. All men shall lie secured in the natural right to worship Almighty God, according to tbedictates of their own consciences. Sec. 3. Xo 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, anyplace of worship, or to maintain any ministry, against 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 be drawn from the treasury, for the benefit of any religious or theological institution. Sec. 7. No person shall be rendered incompetent as a witness, in consequence of his opinions on matters of religion. Sec. 8. The mode of administering an oat'.i or affirmation, shall be such as may be most consistent with, and binding upon, the conscience df the person, to whom such oath or affirmation may be administered. Sec. 9. No law shall be passed, restraining the free interchange of thought and opinion, or restricting the riebt 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 lilcl. 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 etleets, against unreasona- ' Me search or seizure, shall not tie violated ; and no war- ; rant shall issue, but upon probable canc, supported by oath or affirm ition. and particularly describing the place tobe searched, and the person or thing to lie seized. Sec. 12. All courts shall be open; and every man, for injury done to him in bis 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, iu the county in which the offense shall have been committed; to be heard by himself and counsel; to demaid the nature and cause of the accusation against htm, and to have a copy thereof; to meet the witnesses , lace to lace, and to have compulsory process lor obtaintag witnesses in his favor. Sec 14. No person shall bs put in jeopardy twice for the same ofivnse. No person, in any criminal prosecution, shall be compelled to testify against himÜBc. 15. No person arrested of confined in jail, hall be treated with unnecessary rigor. 8ec 18. Excessive bail shall not lie required- ExMniw fine hall ot be imposed. Cruel and unusual punishment shall not be inflicted. All penalties shall 'oe proportioned to the nature of the offense. Sec. 17. OTenscs, other than murder or treason, hall be bailable by sufficient sureties. Murder or treason shall not he bailable, when the proof is evident, or he presumption strong. Sec. IS. The penal code shall he founded on the principles of reformation, and not of vindictive jostieo Sec. 19. In all criminal eases whatever, the jury have the riaht to determine the law and the facts. Sec. 0. In II civil cases, the right of trial by jury hall rem t; a inviolate. SC 21. No man's particular services shall lie demanded, without jnst compensation. No man's prorjerj shall he taken by law, without just compensation ; 1nr, except in case of the State, without such compen sation first assessed and tendered Sec. ii The privilege of the debtor to enioy the neeisSary comforts of life, shall be recognized by whole- i some laws, exempting a reasonable amount of" property 1 from sei-rard or sale, for the payment of any debt or liafcMlity hereafter contracted: and there shall be no imprisonment for debt, except in case of fraud. Sec. 23. The General Assembly shall not grant to anv citizen, or class of citizens, privileges or immunities, which, opon the sanle terms, ball not equally belong to all citizen. Sec. 21 No ex pot farto law, or law impairing the ni.l...i,nn r,r ...ini.ii ahll o-rr lu n seil o ax v. i a " L .1 ,k . - -rr u...i. u.ii iw. ..i- a L.l .,rw. .,,n,..,., xr-ept a provided in this Constitution. ' Sec 26 The orx-ratioi of tlie laws shall never lie If except by the authority of the General As- ... ml, m . . tc. 27. 1 he privilege ol the writ ot naoenn cornu no be suspended, except in case of rebellion or inand then, only il the public salelv demand it. Sec. 28. Treason against the State shall consist, onry in levying war against it, and in giving aid and comtort to its enemies. tec 29. No person shall he convicted of treaaon, exeept on the testimony of two witnesses to the same overt act or u-joa his confession in Qpeo court. ni) Sn er.nvietion shall work corruption o . 1 s(. s or forfeiture of esUte. Sec 31 No (aw ha restrain anv of the inhabitants of tk Stau from assembling together in a peavceable

manner, to consult for their common "rood; nor from in-, strutting their representatives; nor from applying to the General Assembly, for redress of grievances.

Sec. 32. The people shall have a right to bear arms, lor the delense ol tneniselves and tue 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 o( war, but in a manner to be prescribed by law. Sec. 35. The General Assembly shall not grant any title of nihility, nor confer hereditary distinctions. Sec. 3d. Emigration from the State shall not be prohibited. Sec. 37. There shall be neither slavery, nor involuntary servitude, within the State, 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 sut of the bound of the State, shall le valid within the State. ARTICLE II. SITTFRAGE AMD ELECTION. Section 1. All elections shall be free and equal Sec. 2. In all elections, not otherwise provided for , bv this Constitution, every white male citizen ot the United States, of the age of twenty-one years and upwards, who shall have resided in the State during the six montns immediately preceding such election : and every wiute mal , oi loreign birtn. ot me age oi twenty one years and upwards, who shall have resided in the United States one year, and shall have resided in this St a during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the Unite I States on the subject of naturalization; shall bs entitled to vo'e, in the township or precinct where he mav reside. Sec 3 No soldier, seaman, or marine, in the army or navy ol the United States, or of their allies, shall be deemed to have acquired a residence in the State, in consequence of having been stitioncd within t!ie same; nor shall any such soldier, seaman, or marine, have the ri'jht to vote. Sec. 4. No person shall be deemed to have Inst his . i . ... resilience in the Mate, by reason ol his .-.hseni ins .Misenee. eiiucr on business ,.(' this State or d" the United Slates. Sec 5. No Negrjor Mulatto shall have the riiht of suffrage.1 Sec 6. Every person shall lie disqualified from holding otliee. during the term for which he may have been elected, who shall have given or olfered a b.ibe, threat, or reward, to procure his election. Sr.c. 7. Every person who shall give r accept a challenge to tight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to of the State to fight a duel, shall be ineligible to go out any office of trust or profit. Sjj.r TIlC General emblV Shall liaVC power to I deprive of the ri"h t of siifTrage, and to render ineligihie, any person convicted of an infamous crime. ! 0 o norson bob mir n I norn! ive o fe or apnoiotioont .in.l..rti.o I Tni i. .l Sir tn ,.r imd-r this Si n.. 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 ollice of Deputy Postmaste", where the compensation does not exceed ninety do'lars per annum, shfdl not be deemed lucrative: .4ai provided. aln, that counties, containing 1 . ' - alL. ....... .uinli,- t I.. ..in...,.' icsa III. in uuo i i;nuii J imu, iii... .iiici v , , . 1.1 e I in Clerk. Recorder . and Auditor, or any two of said offices, ; upon in same person. . . OEC . iu. .vi pers"i who mav nei e.iucr ocacouccior or holder of public moneys, shall bo eligible to any office of trust or profit, until he shall have ncooiinted for. and paid over, according to law, all sums for which he may be liable. Sec II. In all eases in which it i 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 lie free from arrest, in going to elections, during their attendance there, and in returning from the same. Cr 11 All ,.l..,.t i,ms l.v I K. P. .no!.' s'i:ill h br 1mllot ; and ail elections by t ie General Assembly, or by either branch thereof, shall be rira core. Sec. 14. All general elections shall be held on the second Tuesday in October. ARTICLE III. DISTRIBUTION OF POWERS. Section 1. The powers of the Govcrnmcp are divide! into three separate departments; the Legislative, lb? Executive, including IM Administrative, -and fas Judicial; and no person, charged ""ith official duties under one of thisc departments, shall exercise any of the functions of another, except as in this Constitution expressiv provided. ARTICLE nr. LEGISLATIVE. Section 1. The Legislative authority of the State ! shall be vested in a General Assembly, which shall c m- j sist of a Senate and a House of Representatives. The j style of every law shall be: " Beit enacted by the DoaV eral Assembly of the State of Indiana;" and no law shall lie enacted, except ny diu. 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 tho respective counties or districts, into which the State may, from lime to time, be divided. Sec. 3. Senators shall lie elected for the term of four yfars, and Representatives for the term of two years, from the dav next after their ffeneral election: Proridrd. 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 scats of Senators of the first class shall be vacated at the expiration of two years, and of those of the second class at the expiration of four years; so that one half, as nearly as possible, shall lie chosen bienniallv, forever thereafter. And incase of increase in the number of Senators, they shall be so annexed, bv ij, i0 , .. II . . .1 -. one or t he other o tne two classes. , to keen I hem as nearly eq iai as practicaoie. Sec 4. The G.-ncra' ..ssfmhlv shall, at its second session after tho adoption of this Constitution, and every sixth year thereafter, cause an enumeration to be made, , of all the white nialo inhabitants over the ago of twentyone year cZJmC. 5. The number of Senators and Representative 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 j white male inhabitants, aliove twenty-one years ol age, j in each: froviaed. that tne nrst anu second elections oi members of the General Assembly, tinder this Constitution, shall be according to toe apportionment last made by tho General Assembly, befbro the adoption of this Constitution. Sec 6. A Senatorial or Representative district, where moie than one county shall constitute a district, shnll be composed of contiguous counties; and no county, for Senatorial apportionment, shall ever be divided. Srr. 7. No 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 V I election, an inhabitant ol this State; and, for one year next preceding his election, an inhabitant of the county or district, whence he may lie chosen. Senators shall be at least twenty-five, and Represeutativjs at least twenty-one, years of age. 8ec 8. Senators and Representatives, in all cases j except treason, felony, and breach of the peace, shall lie ! privileged from arrest, during the session of the General . Assembly, and in going to aud returning from the same ; i and shall not bo subject to any civil process, during the session of the General Assembly, nor during the hi teen dvs next belore the commencement thereol. r or anv ,-.,1 or .lol.ata in oithnr Hiuia. a m , m I . r sbn 1 1 not lie r. .. nnd in anv other nlace ! 8ec 9. The sessions of th General Assembly shall be held biennially al the capit.il of the State, commene- : ing on the Thursday next after the first Monday ol Jan uary, in tlie year one inoiisaun eijui uiiuurcii mm uiijJ " .1 I ... r I mmm .1,..-' inree, anu on wie saun- n i nui, sccouu .cm mc.--after, unless a different day or place shall have been nppomieo ny law. uni. u.in mo opinion oi ine untwneir, the pnhlie welfare shall require it, ne may. at nny ume, j by proclamation, call a special session, Sec. 10. Each House, when assembled, shall choose it- own officers, (the President of the Senate eceptd,) jodae the elections, qualifications, and returns of it own members, determine its rules of proceeding, and sit upon ' . . 1 " a. D . ZAm U..... .ka I mil hnnt its own aniournmeni. aui neuner nuu insu, m.... " . 7 . ,. : r. ' the consent ol the other, adjourn lor more man inree day-, nor to any place other than that in which it may he j sitting

Sec 11. Two-thirds of each Hause shall constitute a quorum, to do business ; but a smaller number may meet ,

adjourn Irom day to day, antl compel the attendance ot j absent memliers. A quorum being in attendance, if ei ther House fail to etfect an organization within the first five drvs thereafter, the members of the House so failing. i 1 1 I I I . . m . 1 I . i" suaii we entitled to no compensation, irom uie cnu oi 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 Commit, tecs of the Whole, shall be kept open, except in such cases, as, in the opinion of either House, may require seerecv Si c . 14. Either House may punish its members for i disorderly behavior, and may. with the concurrence of! i vvo tiurus, expel a meuiocr ; but not a second time, lur .he same cause . i .I . . I. t- . OEC 1;. Litlipr House, diirinir its session, mav punisii, bv imprisonment, anv person not a member, who shall have been guilty of "disrespect to the House, bv disorderly or contemptuous lehavior, in its presence : but such imprisonment shall not, at any one time, exceed twenty. lour hours. sec. id. ivieii Mouse snail nave all powers, necessary for a branch of the Legislative department of a free and independent State.

Sec 1 1 . Bills may originate in either House, but may ; unless the Governor, within live days next after such ad- j Sec lJ. The Judocs of the Supreme Court and Cir- tlie proper otitccr or olltccrs o State, be amended, or rejected in the other, except that bills journment, shall file such bill, with bis objections thereto, ! euit Courts shall, at stated times, receive a eompensa- j &Kc. 4. The General Assembly mav also chartern for raising revenue shall originate in the House of Rep- m the office of Secretary State, who shall lay the same j tion, which shall not be diminished during their continu- j Bank with Branches, without collateral' security, as rercscntatives. j before the General Assembly, at its next session, iu like anee in office. j quired in the preceding section. Sec. IS. Every bill shall le read, by sections, on three manner as if it had been returned by the Governor. But; Sec. 14. A competent number of Justices of the1 Sec..'). If the General Assemblv shall establish a

several days, in each house : unless, in case of emergeney, two-thirds of the House, where such bill may be de - pending, shall, by a vote of yeas and navs, deem it ex- : pedient to dispense with this rule ; but the reading of a bill, by sections, on its linal passase. shall, in no case, be dispensed with; and the vote on the passage of overy "",. or I olnt resolution, shall be taken by yeas and nays. r ! 1 Ei-ort- not ttli'kll nmlirnnA lint itn.i nlniof ...., ..... -.. . -..j...., 1 and matters properly connected therewith ; which subject sunn ie cxpresseu in me tine, nut ii any suujcci snail le embraced in an act, which shall not be expressed in j the title, raeh act shall be void, only as to so much thereof as shall not le expressed in the title. Sec 20. Every act and joint resolution shall be plainly worded, avoiding, as far as practicable, the use of technical term. Sec . '21. No act shall ever le revised. or amended. bv mere reference to its title; but the act revi.ed, or section amended, shall !kj set forth and published, at full length. " 1111 HVIM m auiaj man ay w or special laws, in any of the following enumerated eases, that is to say: .egiii.iiiiig me j urisiici ion nuu uunes oi jiisuccs oi ' he Pcafcatid o Constables. For the punishment of crimes and misdemeanors; Regulating the practice in courts of justic?. Providing fjr changing the venue in civil aud criminal cases ; Granting divorces ; Changing the names of persons; For laying out, opening, and working on. highways, and for the election or appointment of supervisors; Vacating roads, town plats, streets, alleys, and public ftnnr.'sT'' Summ oning and empanneling grand and petit juries, ami providing for their compensation; ; Regulating county and titwiiship business; Regul iting tiieelection of county and township officers, and their compensation. For tie1 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 relatio7) to fees or salaries; In relation to interest on money; Providing for onening and conducting elections, of State, county, or township officers and designating the places of voting; Providing for tho sale of real estate, belonging to minor or other persons laboring under legal disabili I i i i ties, by executors, administrators, guardians, or trus tees. . Sec 23. In all the eases enumcr.U ted in the preeedin" !t .reneral law can section, and in all other cases where be made applicable, all laws shall be general, and of uni lorm operation thn ughoiit the State Sec. 24. Provision may be made, bv general law. for bringing suit against the State, as to nil liabilities originating alter the adoption of this Constitution ; but no special aet. authorizing such suit to be brought, or making eompeiisaion toany person claiming damages against the State, shall ever be passed. Sec. 25. A majority of alt the members elected to each House, slial! be necessary to pass every bill rr joint resolution ; and an mils and joint resolutions so passed, slaH be sigucd by the Presiding Officers of the respective H,,scs . . , , , oec. to. rvny mcmiicr oi ciiner imuse sunn nave me right to 'irotest, and to have hi 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 2. No act shall take effect, until the same shall have been published and circulated, in the several counties of the State, by authority, except in case of emergency; whieh emergency shall be declared in the preamble, or i. he liody of the law. Sr.c 2 The members of the General Assembly shall receive, for their services, a compensation to kj fixed i.v aw; but no increase of compensation shall take effect during tue session at wnieii sncii increase may n? inane. No session of the General Assembly, except the first under this Constitution, shall extend beyond tiie term of . . j . i . . t . . sixty-one d ays, nor any special session Deyond tho term a . . of forty days. ÖEC. , .No Senator or prcs.C-ntativc shall, during the term lor Which i.o mav have been elected, be eligible ...I.. -1. -,--.. . . . i r iu u.iv ouie". tue e ecuou io which is uimcu hi inc v " eral Assembly; nor shall he be appointed to any civil of lice ol 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. Tiie executive power of the State shall be vested in a Governor He shall hold his office during lour years, and shall not be eligible more than four years, in any period ol eight years Sec 2. There shall be a Lieut -nan. Governor, who shall hold his office during four years. Sec. 3. The Governor and Lieutenant Governor shall I.o oh... tod nt thp times and places of choosing member of the General Assembly.

Sec. 4. In voting for Governor and Lieutenant Gov- or negligence, be liable to be removed Irom office, either ernoi the electors shall designate for whom they vote J by impeachment by the House of Representatives, to be as Governor, and for whom as Lieutenant Governor, j tried by the Senate, or by a joint resolution of the GenThe return of every election for Governor and Lieuten- : eral Assembly; two-thirds of the members elected to ant Governor, shall be sealed up and transmitted to the ' each branch vising, in cither ease, therefor, seat of government, directed to tho Speaker of the House ; Sec 8. All State, county, township, and town officers, of Representatives, who shall open and publish them in ; may lie impeached, or removed from office, in such maiithe presence ol both Houses of the General Assembly, j ncr as may be prescribed by law. Sec. 5. The persons, respectively, having the highest Sec. 9. Vacancies in county, township, and town offinumber of votes for Governor and Lieutenant Governor, ces shall be filled in such manner as may be prescribed shall bo elected; but in case two or more persons shall by law. have an equal and the highest number of votes for either j Sec. 10. The General Assembly may confer upon the office, the General Assembly shall, by joint vote, forth-; boards doing county business in the several counties.

ith oroceed to elect one ot tne said persons uovei nor .r ., or Lieutenant Governor as tne case may be. Sr.c. e. Contested elections, for Governor or Lieuten-

ant Go'.ernor, sha 1 be determined by the General As- I Section. 1. i ne judicial power oi tne oiate snau sembly, in such nnnner as may lie prescribed by law. " be vested iu a Supreme Court, in Circuit Courts, and in Sec 7. No person shall lie eligible to the office of , auch inferior Courts, as the General Assembly may estLmmmm mnr or- 1 .i 11 1 n t Governor, who shnll not have t&blish.

' ttonn fiv. voars A ei riven of the United State, aud also a 'resident of the State of Indiana during the five years next preceding his election ; nor shall any person lie eligible to either ol the said ollices, rho shall not have at tained the age of thirty years Sec. 8. No member of Congress, or person holding any office under the United States, or under this State, shall All the office of Governor, or of Lieutenant Governor. Sec 9. Tho official term of the Governor and Lien tenant Governor shall commence on the second Monday of January, in the year onr 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 i office, or of his death, resignation, or inal-ility to dis- j . ' .. . a.. . r . .U- kll J 1... i j cnarge ine uuites ni me mw, nie nm-7 uni- uemm,, on the Lieutenant uovernor ; ana me treaeisi Awemn.j I all, by law, provide for the case of removal from office

deatu, resignation, or inability of both the Governor and j Lieutenant Governor, declaring what officer shall then act

; as iovernor; nnd such otheer shall act aecordingly until the disability be removed or a Governor be elected Sec 11. Whenever the Lieutenant Governor shall act ; as Governor, or shall be unab!e to attend as President of ! the Senate, the Senate shall elect one of its own mem bers, as President for the occasion. 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. Sec. 13. He shall, from time to time, give to the Gen eral Assembly, information touching the condition of the oiaic, anu recommend sucn measures as Ii shall judre to be expedient. 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 not he shall return it, with his objections, to the House in winch it shall have originated ; which House shall enter the objections, at large. :ipon its journals, and proceed I .Ä .... : j . i t.:i i a-- . w m-oiiMucr me um. n, auer sucii reconsideration, a majority of til the members elected to that House, shall agree to pass the bill, it shall be sent, with the Gover1 not s objections, to tue otuer House, by which it shall likewise be reconsidered : and, if approved bv a inajoritv I '" all the members elected to that House, it shall be a j law. If any bill shall not be returned by the Governor , wiuun tnrec days, Sundays excepted, alter it shall have , necn prcscnieu to mm, it snail tic a law without , his signature, unless the general adjournment shall I prevent its return: in which ease, it shall be a law. no bill shall he presented to the Governor within two ; uays next previous lo llie Unat adjournment ol the Gen1 eral Assembly. Sec 15. The Governor shall transact all necessary business with the officers of government, and mav re- ! quire information in writing from the officers of the ad nunistrntive department, upon any subiect rclatim? to the duties of their respective offices. Sec 16. He shall take care that the laws be faithfully executed. Sec. 17. He shall have the jowcr to grant reprieves, commutations, and pard nis. alter conviction, fur all offences except treason and cases of impeachment, subject to such regulations as may Im? provided by law. Upon conviction lor treason, he shall have power to suspend ; the execution o the sentence, until the case shall be re- . i ... ! ported to the General Assembly, at its next mcctiicwiien the General Assembly shall either grant a pardon, commute the sentence, direct the execution of the sen tence, or grant a further reprieve. He shall have power iini.iiuira, uimcr m-u i cumiioic- us may he prescribed by law, and shall report to the General Assembly at its next meeting, each case of reprieve. cwiiiuiuiaiiou, or parnon granted, and also llie names o ill persons in whose favor remission of tines and forfeituxes shall have been made, and the several amounts remioiul. r) 'J I t. .1 ..I r- 1 . . 1 muted: Provided, however, that the General Asscmlily Bay, by law, constitute a conncil to be composed of offiC' rs oi state, without whose advu-c ami consent, the Governor shall not have power to grant pardons, in any case, except such as may, by law, be left to his sole power. Sec IS. When, during a recess of the General Assembly, a vacancy shall happen in any office, the appoint uiciii io w men is vesica in tne irencrai Assembly; oi when, at any time, a vacancy shall ha ve occurred in anv other State office, or in th office of Judge of any Court the Governor shall fill such vacancy by appointment, which shall expire, when a successor shall have been elected and qualified. Sec 19. He shall issue wits of election to fill such vacancies as mav have occurred in the General Assemblv 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, bv virtue of his offi e, be President of the Senate ; have a right, when in committee of the whole, to join in debate, and to vote on all subjects ; and whenever the Senate shall be eminliv : . j I si . divided, he shall give tiie casting vote Sec. 22. The Governor shall, at stated times, receive for his service a compensation, which shall neither be '"('eased nor diminis ed, during the term for whie shal I have been elected . a he SEC ii. I he Lieutenant Coventor, while he shall act as President of the Senate, shall receive, for his services I the same compensation as the Speaker of the House of Representatives; and any person, acting as Governor, shall receive the oompensaliou attached to the oliiee of Governor. Sec 24. Neither the Governor nor Lieutenant Governor shall lie eligible to any other office, during tlie term, for which he shall have been elected, ARTICLE VI. ADMINISTRATIVE. Sec. f. Thereshall be elected by the voters of the State, a Secretary, an Auditor, and a Treasurer of State who shall severally ho d their offices for two years. They shall perform sucn duties as may he enjoined bv 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, Trca. surer, Sheriff, Coroner, and Surveyor. The Clerk, Auditor, and Recorder, shall continue in office four years; and no person shall be eligible to the ollice of Clerk Recorder, or Auditor, more than eirht years in any period of twelve years. The Treasurer, Sheriff, Coroner, and Survcyoi, shall continue in office two years; and no person shall jti eligible to the ofliee of Treasurer or Sheriff, I more than four years in any period of six years. s r- . Q ,-,., nl Lor nminl i -. i I f rt W ncliin nlTinnri- aa . i. V . i I . ' 1 1 . Ulll' l 'l.l' UHU V W -'IF WNU. C il mav , neeessa. v. shall be elected, or appointed, i., sneb manner as may be prescribed by law. Sec. 4. No person shall lie elected, or appointed, as a county officer, who shall not be an elector of the county nor any one, who shall not have liecnan 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 counties, 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 recor 's. book, and papers, in anv manner relating to their respective otnecs, at the seat ol govern ment. Sec. 6. All county, township, and town officers shall reside within their respective counties, townships, and t wns, and shall keep their respective otlies at sucli places therein, and perform such duties, as may be directed bv law BtC, 7. All State officers shall, for crime, incapacity, powers oi a locai, ooiiiiiiisirnnc cuaracier. iDTiei c irir ARTICLE VII JUDICIAL. i Sr.c. 2. The Supreme court snau consist ot not less than three, nor more than five Judges; a majority ol whom shall form a quorum Thev shall hold their offi ces lor six years. H tncy so long neuave wen. Sec. 3. The State shall be divided into as many distriets as there are Judges of the Supreme Court; and j such districts shall be formed of contiguous territory, as ' nearly eqnal in population, as, without dividing a county, the same can be made. One of said Judges shall lie ' "l J r U - s - - , .1 ,,, l' ,.,-,., . Kilt aairl ' r .1 . 1 I ,11 Clf3 ICH IIOIII 1:111 u Ul.,1111 i, c .1. I' .-i, i. i . i - in . - Judge shall lie elected try the electors oi tne täte at ; large. Sec. 4. The Supreme Court shall nave jurisdiction, co-extensive with the limits of the State, in appeals and writs of error under such regulations and restrictions as may be prescribed by law. It shnll 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 iu writing of each question arising in I he record of such case, and the decision of the Court ihcreoo. Sec. 6. The General Assembly shall provide bv law.

for the speedy ptihlicalion of the decisions of the Supreme court, made under tins Constitution ; but no Judge shall be allowed to report such decisions. Sec 7. There shall be elected bv the voters of the State, a Clerk of the Supreme Com t, who shall hold his office four years, and whose duties shall be prescribed by law. Sec. 8. The Circuit Courts shall each consist r.f one Judge, and shall have such civil and ciiminal jurisdiction . . i i as may be prescribed by law. Sec. 9. The State shall, from time to time. Ik? divided into judicial Circuits: -nd a Judge, for each Circuit shall be elected bv the voters thereof. He shall reside within the Circuit, and shaf' hold his office for the term of six years, if be so long behave well. Sec. 10. The General Assembly mav provide bv law . j that the Judge of one Circuit may hold the Courts ol , another Circuit, in cases of necessity or convenience ann. in case oi temporary inability ot anv Judge irom sickness or other cause, to hold the C.:Vts ill his Circuit provision may be made by law for holding such courts. Sec 11. There shall he elected, in each Judicial Circuit, by the voters thereof, a Prosecutino Attorney, who ! shall hold Iiis oliico for two vp.ir I Sec. 12. Any Judre or Prosecuting Attorney, who ; shall have heen convicted of corruption or other hili ! crime, inav. on inhumation in the name j removed from office bv the Supreme C 1 other manner as mav be prescribed by law j Peace shall he elected, by the voters in each township in the several counties. 1 hey shall cont nue in ollice lour ! years, and their powers and duties shell be prescribed j by law. " Sec. 15. AH judicial officers shall be conservators of; j the peace in their respective jurisdictions. j Sec. 16. Xo person elected to any judicial office, i j shall, during the term for which he shall have been elect- '

ed, lie eligible to anv office ol trust or proht, under the ! c- ' A or nolos "ssueu as money shall be. at State other than a judicial office. r'.' times, redeemable in gold or silvti ; and no law shall Sec 17. The General Assembly may modify, or lWassed. sanctioning, directly or indirectly, the snsabolish, the Grand Jury system. j pension, by any bank or banking company, of specie pay-

BKc 18. All criminal prosecutions shall bo earned on, in the name, and by the authority, ol the State; and lue style ol all process shall be '' llie State d Indiana. sec 19. Tribunals of conciliation may Im csiablished, with stich powers and duties as shall le nreeeriiteii bv law : or, the powers and duties of the same may be corilerred upon other Courts ol justice; but such tribunals or other Courts when sitting as such, shall have no p"i:i iu renui'i jiiii'inrni m uc ooiijjatoi v on nie parties. J unless they voluntary submit their matter.1' of dillerence. I and agree to alnde the judgment of such tribunal or v.ourr Sec 20. The General Assembly, at its first session i after the adoption of this Constitution; shall provide for 1.1 " n . I . 1 . . nie appointment oi inree v-ommissioncrs. whose uutv it shall be to revise, simplify, and abridge, the rules, prac- . : i I ir f . ri . r ' . . I tice, pleadings and forms of the Courts of justice. And they shall provide lor abolishing the distinct forms of ac tion at law, now in use ; and that justice shall be administered in a uniform mode of pleading, without distinction between law and equity. And the General Assemiily. 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 abridgement and amendment, as to said Commissioners may seem necessary or proper. Provision shall be made, by law. for filling vae.incies. regulating the tenure of office, and the compensation of said Commissioners. Sec 21. Evcrv person of good moral character. Ieing a voter, shall !e entitled to admission to practice law in al! Courts of justice. ARTICLE VIII. EDVCATION. Section 1. Knowledge and learning, generally dif. fused throughout a community, being essential to the preservation of a free government: it shall le the dutv of the General Assembly, to encourage by all suitable means, moral, intellectual, scientific, and agricultural improvement; and to provide, l.v law, for a general and ..:r ....... i r r so I I ...I : . u M . unilorui svstcm o Coiniiion Schools, wherein tuition shall . ...... L. jT. .... . I be without charge, and equally open to all. Sec 2. The Common School fund shall consist of 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 the one hundred and fourteenth section of the charter of the State Bank of Indiana; The fuml 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 ail forfeitures which mav accrue ; All lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance ; All land that have been, or mav hereafter be. grant ed to this State. Where r.o special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds ol the sales of the Swamp Lands, grant- j ed to the State of Indiana by the act of Congress of 2Sth 1 September, 150, after deducting the expense of select- i ing anil of dtaimng the same; I a xi s on the property of corporations that may lie : d by the General Assembly lor Common School ; assessed purposes Sec. 3. The principal of llie Common School fund shall remain a perpetual fund, which may be increased, but shall never be diminished ; and the income thereof shall bo inviolably appropriated, to the support of Common SchooN. and to no other purpose whatever Sec. 4. The General Assembly shall invest, in some . i l". . nnrl . . . 1 i t , 1 . I . i i i i ft t i . i- ill 2 IN f I .,, ill eC 1 1 1 rt . 1 I KU 1" IMIiaillV I 1 1 , i I i I I ' I . Uli 3KM" ii IH'I Hulls1 IM IUI I n ,.l,..r.l finwl K liftivo not l...otof..M hw., ..ri. 1 V ' ' 1 I I . I I ' ' i i " ' 1 i i . . , Ills i s, aavrt, v- s- va-a v lV V. Vii trusted to the several counties; and shall make provi sum. by law. lor llie distribution, among the severa counties of the interest thereof Sec 5. If any county shall fail t niemand its propor tion of such interest, for Common School purposes, ihc same shall be re-invested, for the benefit of such county. Sec 6. The several counties shall be held liable for the preservation of so much of the said fund, a inav be entrusted to tnem, and for the payment of the annual interest the.reon. Sec 7 ii r.....U t.,.1.1 l.,- t, co.-ii , : . -.1 l j..;. i i, ii.. sk.wi t. !,,..', ,s is- .mi;a i -VII t.1 IHHUVi i i" Ma-ajj k'iniVi oaauii 1STII. it ill III UM Itr . nuu m ihiimiumi ..h-i v highlit "xl to the purposes, for which the trust was created Sec 8. The General Assembly shall provide for the election, by the voters of the State, of a State Superintendent of Public Instruction; who shall hold his office for two years, and whose duties and compensation shall be prescribed by law. ARTICLE IX. STATE INSTITUTIONS. Section 1. It shall be the the duty of the General Assembly, to provide, by law, for the support of Institutions for the education of the Deaf nnd Dumb, and of the Blind; and also, for the treatment of the Insane. Sec 2. The General Assmbly shall provide Houses of Refuge, for the correction and reformation of juvenile offenders. Sec 3. The county loards shall have power to provide farms, as an asylum for those persons, who, by reason of age, infirmity, or other misfortune, may have a claim upon the sympathies and aid of society. ARTICLE X. FINANCE. Section 1. The General Assembly shall provide, by law, for a uniform and equal rate assessment and taxation and shnl! prescribe such re-mlnt inr as shall secure a inst valuation for trivnti,m ef h'iI urin.eriv luith real and personal, excepting such only for municipal, educational literary, scientific, religions, oi chnritablc porpo ses.as may lie specially exempted by law. Sec 2 All the revenue derived I'roCi the sale of any of the public works be longing to thn State, and from linnet annual income thereof, and any surplus that may a any time, remain in the Treasury, derived from taxation for" general State purposes, after the payment of the ordinary expenses of the government, and of the interest on bonds of the State, other than Bank bonds; shall be annually applied, under the direction of the. General Assembly, to the payment of (ho principal of the Public Debt." Sec 3. No money shali be drawn iVf.m the Treasury, but in pursuance sf approbations made by law. Sec. 1. An accurate statement of the receipts and expenditures of the public money, hall be pubhshrd t

with the laws of each regular session of the General i Assembly. Sec. 5. No law shall authorize any debt to to conI tracted. on behalf of the State, except in the followirir

cases: to meet casual deficits hi the revenue, to pay the interest on the Mate uebt, to repel invasion, suppress, insurrection, or. if hostilities arc threatened, nrr.nd fnr 1 the public delcnce . . - . , I Sec 6. No county shall subscribe for stock ia anv i incorporated company , unless the same be paid for at ; the time of such subscription : ner shall any county loan it' credit to anv incorporated company, nor borrow 1 money for the purpose of taking stock in anv such com- ; r - . . . . . - pany. nor shall the General Assembly ever," on behalf of tot Slate, assume the debt of any county, city, town, or township: nor of and corporation whatever. ARTICLE XI. COEPORATIOXs. Sec. 1. The General Assembly shall not have power iu csiaiinsii oi mcoriioraie anv oariK or nanking coin pany. or moneyed institntion. lor the purpose of issuing bills of crcdit.'oi bills payable to order or bearer, exccpt under tue conditions prescribed in 1 ins t onstitution . SEC 2. No banks lmll be i -Inblished otherwise than under a general banking la?., except as provided in tht fourth section of ibis article. Sec. 3. If the General Assembly shall enact a gencral banking law, such law shall provide for the registry and countersigning, by an officer of State, of all paper credit desired to be circulated as monev ; and amnle

t of the State, be j collateral security, readily convertible into specie, for the ourt, or in such redemption of the same in gold or silver, shall be rcqthrlaw. I ed, which collateral security shall lie under the control of

Bank with Branches, the branches snail be mutually rc- . sponsmie ior cacuotucr s liabilities, upon all paper credit 'ssueu as money. Sec. C. The stockholder in every hank or banking company shall be individually rt sponsible, to an amount, over and above their stock, cqaal to flieir respective shares f stock, for all debts or liabilities ol 'said bank or banking company en.s SlT V Ilrtlners ol bnnL-nntes shall l onlirloil in - ..-..,-, .in . iof insolvency , to preference of payment over all other crtiiitors. Sec. 9. No bank shall receive, directly or inuireetlr a greater rate of interest than shall be allowed, by lw, to individual loaning monev Sec 10. Every bank or banking company shall be required to cease all banking operations, within tventv ears from the time of its organization, and promptly therealler to close its business. Sfc II. The General Assembly is not proliibitec fro.n investing the Trust Funds in a Bank with branches ; but, in ease of such investment, the safety of the same shall be guarantied by unquestionable security. Sr.c. 12. The State ball not lie a stockholder in any bank, after the expiration of the present bank charter; nor shall the credit ol the Mate ever be ynen.or loaned, in aid of any person, association, or corporation; nor shall the State bereaitcr become a stockholder in ant corporation or association. Sec 13. Corporations, other than bankinc: shall not ! created by special act, but may be formed under general laws Sice 14. Dues from corporations, other than banking, shall be secured by such individual liability of th corjiorotors, or other means, as may bo prescribed by law. ARTICLE XII MILITIA. The militia shall consist Sec 1. of r-i! nble-bodiC'T Hrlc uaK lrs"us? ctwccn me ages oi eiguieen aixi forty-five years, except such as may be exempted by the laws of the United States, or of this State; and shall l.-e organized. officered, armed, cquip-ied, and trained, in such manner as may he provided by law. Sec. ft. The Governor shall appoint the Adjutant, Quartermaster, and Commissary Generals. Sec 3. All militia officers shall be commissioned br the Governor, and shall hold their ofTicenot longer than six years. Sec. 4. The General Assembly shall, by law, deterranie n'l' ii'iiHKi i'l iiin;niL' inc nioiiia iii-.o cm sons . k - j i fl- j j brigades, regiment, battallions and companies, and tix the rank of all stall' officers. Sec 5. The militia may lie divided into classes of sedentary and active militia, in such manner as shall be prescribed by law. Sec 6. No person, conscientiously opposed to bearing arms, thai I be compelled to do militia duty ; but such person shall pay an equivalent for exemption : the amount to be prescribed bv law. ARTICLE XIII. NEJR0F.S AND MVLATTOES. Sr.c I. No Negro or Mulatto shall come into, or settle in the State, after the adoption of this Constitaj tion. Sec. 2. All contracts, made with any Negro or Mulatto coming into the State, contrary to the provision of the foregoing section, shall lc void ; and any jicrsonwho I shall employ sneb Negro or Mulatto, or otherwise encour- ! age him to'remain in the Stale, shall be fined in anv MM not less than ten dollars, nor more than five hundred dollars. Sec. 3. All fines which may lie collected for a vio'stion of the provisions of this article, or of any law wh'"h may hereafter be passed for the pui pose of carrying tho . . . i int., Aramilinn . 1 1 u 1 1 Im .... ftn.irt anil ririrnnrift frft ffr tbc ionization of such Negroes and Mulatte, and .j, aesC(.nants a5 mlly De j, $,oU,. t lue adop. tion of this Constitution, and may be willing to emigrate. Sec. 3. The General Assembly shall pass laws to carry out the provisions of this arti' le. ARTICLE XIV. BOCNDA miES. Sec I. In order that the boundaries of the State may 1 be known and established, it is hereby ordained and de 1 elarcd. that the State of Indiana .s bounded ont oe E.ast, bv the meridian line, which forms the western lioundary j o'f the State of Ohio; on.tbe South, by the Ohio rivsr, ' irom the mouth ot the irreal Miami river to tue mumn j of the Wabash river ; cn the West, by a line drawn ' along the middle of the Wabash river from its mouth to ! a point where a dne north line, drawn from the town of ' Vincenncs, would last tonch the north-western shore of ' said Wahath river : and. thonce, by a due north line, until tbc same shall intersect an east and west line, Irawn through a point ten miles iiorlh of the southern exuemc oi lukc .iiieingan ; cn tne iiorin, iy aneast a. 5- , i 11" a . 1 4- , no wpm line, ur.ii. inc snmc mi in uiitrrfi uu mi mw ; tioned meridian lire, which forms the western Imundary ! nl tbc State of Ohio. Sec. 2. The State of Indiana shall possess jurrsdictioe j and sovereignty co-extensive with the boundaries declar- ! cd in the preceding section : and shall have concurrent jurisdiction in civil and criminal cases, with the Slate of Kentucky on ibe Ohio river, and w ith the State of Illinois on the Wabash river, so far as said rivers form ihe common boundary between this State and said State respectively. ARTICLE XV. MISCELLANEOUS. Sec. I. All officers, whose appointment is not otherwise provided for in this Constitution, shall be chosen in such manner as now is, or may hereafter be, prescribed bv law. "SEc. 2. When the duration of any office is not provided for by this Constitution, it may be declared by law; nnd, if not so declared such office shall he held, during the pleasure of the authority making the appointment But the General Assembly shall not create any office, tlie tenure of which shall lie longer than foor years. Sec. 3. Whenever it is provided in this Constitetioa, or in any law which may le hereafter passed, that any oihcer. other than a member ol the t-encrai Asscmm El ! bnll hold his office for anT rfiven term, the same shall j const rued to mean, that such officer shall bold bis offi es lor such term, and until hi sik-ccssoi snau v elected and qualified. Sec. 4. Every person elected or appointed to any otflee under this Constitution, shall, before entering on the duties tbeieof. take an oath or affirmation, to support the Constitution of this State, and of the United States, and also an oath of office. Sec. 5. There shall be a Seal of State. ept by the Governor for official purposes, which shall 1k r-.lled the Seal of t!.- Srnle of Indiana. Sec 6. All commissions shall issue in ihe name of the Stale shall be signed by the Governor, sealed with the State Seal, and attested by the Secretary of State Sxr. 7. No County shall be reduced to an area less than four hundred square miles; nor shall any' that lira, be fmthet reduced.