Indiana State Sentinel, Volume 10, Number 40, Indianapolis, Marion County, 6 March 1851 — Page 1

THE INDIANA STATE SENTINEL.

WILLIAM J. BROWN, Editor. ) AUSTIN H. BROWN, Publisher. WEEKLY. SEMI-WEEKLY, $4 00 I WEEKL, S 00 VOL. X. INDIANAPOLIS, THURSDAY, MARCH 6, 1851. NO. 40.

INDIANA STATE SENTINEL: A GAZETTE OF THE PEOPLE, IT-Office in THE SENTINEL BUILDINGS. AbrtA Side Washington, near Meridian St., OPPOSITE ODD FELLOW'S wat.t., AUSTIN H. BROWN, Publisher, THE SEMI-WEEKLY EDITION !s pub. toiied every Wednesday and Saturday ami Tri-Weekly during the Session or' die Legislature, at FOUR DOLLARS A TEAR, Invariably in Advance. THE WEEKLY EDITION is published every Thursday, and is furnished to subscriber at the followuig very low rales: t)ne py. out year, 00 Three Copies, one year, 5 00 Fir Copies, on year, 8 00 gm Capiea, (in Qlufcs) one year, 10 00 te Copy, sx mouths. 1 00 M Copy, ihre months, fO The Money, in all cases, to accompany subscriptions. Sn" Any person sending- u a Club of Tm, with cash, at the ra e ft SI. 00 each, shall have a copy grant Cor one ear. For a great r hamlier than ten. the gratuity will be increased us proportion. . CT"" All Post Masters are requested to act a- Agents, aud. as such, by a recent decision of the Department, tliey are authorized to frank UttlBTs tor the benefit ol subscrilier. y"" Ail papers will be stopped at the end of the term paid tor. unless) the subscription is renewed, except to those wan whom we have unsettled business accounts. Drop Ltiers. addressed to this office, will not be taken out unless the postaf is paid. C" Tmatitm Advertisements, must be paid for when presented, or they will not appear.

Wo Anonymous Com mum cat ton will receive attention at this X,.Mceriijmet. mut be handed in by 10 o clock, A. M . on Muitdav, Wednesda) . and Friday, to insure uisertiou in the TriVVrklv. ;J'n Paper offers inducements to Advertiser equal to any ' suW establishment .n tue sta.e RATES OF ADVERTISING. W will advertise at the following; rates in our respective Week- I Patent Medicines, at 815 00 per column. Business Advertisements, 25 00 per qr. ol. Iegai and other advertising at 50 cents per square of 230 ems, for first insertion, and 25 cents for each subsequent insertion. AUSTIN II BROWN, JOHN D UKKitKE.". AMENDED CONSTITUTION OF THE STATE OF INDIANA, AS ADOPTED BY THE CONVENTION OF THE PEOPLE, FEBRUARY 10, 1851. PREVMBLE. 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 tue free exercise of the right to choose our own form of government; do ordain this Constitution. ARTICLE L BILL OF RIGHTS. Section L We declare, That all men are created equal : that they are endowed by their Creator with certain unalienable rights; that, among these, are life, liberty, and the pursuit of happiness; that all power is inherent in the People; and that all free governments are, and of right ought to be founded on their authority, and instituted for their peace, safety, and well-being. For the advancement of these ends, the People have, at j all times, an indeleasable right to alter and reform their government. Sec. 2. All men shall be secured in the natnral right to worship Almighty Gd, according to the dictates ol their own consciences. Sec. 3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience. Sec 4. No preference shall tie given, by law, to any creed, religious society, or mode of worship; and no man shall be compelled to attend, erect or support, any place of worship, or to maintain any ministry, against bis consent. Sec 5. No religious test shall be required, as a qualification for anv otlice of trust or prorit. Sec. 6. No money shall lie 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. Th mode of administering an oath or affir mation, shall le such as may be most consistent with. and binding upon, the conscience of the person, to wiiom . such oath or affirmation m :v be administered Sec 9. No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: ut for the abuse of tl-at right, every person ; shall be responsible. Sec 10. In all prosecutions for libel, the truth of Cbe matters alleged to be libelous may be given in justification. N Sec 11. The right of the people to bo secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not lie violated ; and no warrant shall issue, but upon probable cause, supported bv ' oath or affirmation, and particularly describing the place to be searched, and the person or thing to hs seized Sec 12. All courts shall be open; and every man, for iniurv done to him in his person, property, or reputati n. shall have remedy by due course of law. Justice aliall be administered freely, and without purchase; completely, and without denial; speedily, and without delay. Sec. 13. In all criminal prosecutions, the accused shall have the right to a public trial, by an impartial jury, in the county in which the offense shall have been committed; to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses ace to face, and to hare compulsory process for obtain ing witnesses in his lavor Sec 14. No person ohall be put in jeopardy twice for the same offense. No person, in any criminal prosecution, shall be compelled to testify against himself. Sec 15. No person arrested or confined in jail, hall be treated with unnecessary rigor. Sec Id. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual onisJiment shall not be inflicted. All penalties shall bo proportioned to the nature of the offense. Sec 17. OJcnses, other than murder or treason, Shall be bailable by sufficient sureties. Murder or treason shall osrt 1 bailable, when the proof is evident, or the presumption strong. Sec H. The penal code shall be founded on the principles of reformation, and not of vindictive justice. Sec 19. In sll criminal cases whatever, the jury Shall have the right to determine the law and the facts.

Bsc 20. In all civil cases, the right of trial by jHry where moio than one co.inty shall constitute a district, snail remain inviolate. shrJI be composed of contiguous counties; and no Sec. 21. No man's particular services shall be de- county, for Senatorial apportionment, shall ever be triarhlfl. without just compensation. No man's proper- divided. y hall be taken by law, without just compensation ; Sec. 7. No person shall be a Senator or a Representor, except in case of the State, without sucb compen- tative, who, at the ttme of his election, is not a citizen satioa first assessej and tendered. of the United States; nor any one who has not been, for Sac. 22. Tha privilege of the debtor to enjoy tho nec j two years next preceding his election, an inhabitant of essary comforts of life, shall be recognised by whole- this State; and, for oi.e year next preceding his election, some lews, exempting s reasonable amount of property an inhabitant of the county or district, whence he may from seizure or sale, for the pavment of any debt or lia- lie chosen. Senators shall be at least twenty-five, and bility hereafter cowtracred: and there shall be no impris- Representatives at least twenty-one, years of age. onment for debt, except in case of fraud. Sec 8. Senators and Representatives, in all cases Sac 23. The General Assembly shall not grant to i except treason, felony, and breach of the peace, shall lie sv citizen, or class of citizens, privileges or immunities, privileged from arrest, during the session of the General which, upon the same terms, shall not equally belong to Assembly, ami in going to and returning from the same ; all citizens. and shall not lie subject to any civii process, during the Sec 24. No ex pott fmeto law. or law impairing the session of the General Assembly, nor daring the fifteen obligation of contracts shall ever lie passed. : days next before the commencement thereof. For any Sec 25. No law shall lie passed, the taking effect speech or debate In either House, a member shall not be

of which shall be made to depend Upon any authority. except a. provided in this Constitution. Sac 20 The operation of tbe laws shall never lie I, except by the authority of the General Asibly 8c 27. The privilege of fhe writ of habe, corpus I not b suspended, axcept in case of rel."llion or in- . I mm J . and then, only it the public saletv demaml it. Sec 28. Treason against the Stateshall consist, ony in levyinir war against it, and in giving aid and comort to its enemies. Sec. 29. No person shall be convicted of treason, exeept 0 the testimony of two witnesses to the same overt act. or upon bis confession in open court. 9mc. 30. No conviction snail work corruption of fciood or forfeiture of estate. Sec 31. No law shall restrain any of the inhabitants ef thw Stato from assembling ogethe in a peaceable

manner, to consult for their common good; nor from instructing their representatives; nor from applying to j the General Assembly, for redress of grievances. Sec. 32. The people shall have a right to bear arms, for the defense of themselves and the 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 iu a manner to be prescribed by law. Sec. 35. The General Assembly shall not grant any title of nobility, nor confer hereditary distinctions. Sec 36. Emigration from the State shall not be prohibited. Sec. 37. There shall be neither slavery, nor involuntary 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 trat ol the bounds of the State, shall be valid within the Stale. ARTICLE II. SUFFRAGE A.VD ELECTION. Section 1. All elections shall be free and equal. Sec. 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 upwards, who shall have resided in the State during the six months immediately preceding such election: and every white male, of foreign birth, of the age of twenty one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months immediately preceding book election, and shall have declared his intention to become a citizen of tue United States, conformably to the laws of the United States on the subject of naturalization; shall be entitled to vote, in the township or precinct where he may reside. Sec. 3 No soldier, sen man. or marine, in the armv or navy ot the United States, or of their allies, shall lie deemed to have acquired a residence in the State, in consequence of having been stationed within t ie same; nor shall any such soldier, seaman, or marine, have the right to vote bEC 4. io person shall he deemed to have lost his residence in the State, by reason of his Absence, cither on business of this State or of the United States. Sec 5. No Negro or Mulatto shall have tue right of suffrage. 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 ofier;d a bribe, threat, or reward, to procure his election. Sec 7. Every pcrsou who shall give or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight :t duel, shall be ineligible to any olTice of trust or profit. Sec 8. The General Assembly shall have power to deprive of the rinnt ol suffrage, and to render incligible. any person convicted of a. i infamous crime. Sec 9. No person lioldinu a lucrative olfice or ap- j : poiutment under the United States or under this Siate, ' shall be eligible to a scat in the General Assembly; nor i shall any person hold more than one lucrative otlice at I the sarre time, except as in this Constitution expressiv permit. ed: Provided, that offices in the militia, to which there is attached no annual salary, and the office of Lep- ; ty Postmaster, where the compensation does not exceed ninety dollars per annum, shall not be deemed lu- ! ' crative: And prodded, aim, that counties, containing less than one thousand polls, may confer the office of I ! Clerk, Recorder, and Auditor, or any two of said offices, upon the same person. Sec 10. No person who may hereafter be a collector j or hohler of public monevs, shall be eligible to anv office of trust or profit, until he shall have accounted for, and paid over, according to law, all sums for which he may be liable. Sec 11. In all eases in which it is provided, that an office shall not lie filled by the same person, more than a certain numler 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 i breach o!" the peace, electors shall be free from arrest. ! in goin to elections, during their attendance there, and in returning Irom the same. Sec 13. All elections by the People shall he by ballot; and all elections by the General Assembly, or by 1 either branch thereof, shall lie rira voce. I 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 Government are divi- ' ded into three separate departments- the Legislative. the Executive, including the Administrative, and the Judicial; and no iierson, charged with official duties tin der one of tli"se 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 nut exceed fifty, nor the House of Representatives one hundred, members; and they shall be chosen by the electors of the respective counties or districts, into which the State may, from time to time, lie divided. Sec. 3. Senators shall le elected for the term of four yaars. and Representatives for the term of two years, from tho day next after their general election: Proeided, however, that the Senators elect, at the second meeting of the Gen 'i'il 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 be chosen biennially, forever thereafter. And in case of increase in the i number of Senators, they shall be so annexed, by 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 every sixth year thereafter, cause an enumeration to be made, 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 ofl white male inhabitants, above twenty-one years of age, I in each: Provided, that tho first and second elections ol members of the General Assembly, under this Constitn- 1 tion. shall be according to the apportionment last made bv the G.-neral Assembly, before the adoption of this Constitution. Sec 6 A Senatorial or Representative district, questioned in anv other place Sec 9. Tbe sessions of th General Assembly shall he held biennially at the capit.il of the State, commencing os the Thursday next after the first Monday of Jannary, in the year one thousand eight hundred and tifty- , three, and on tbe same day ol every second year there- ! after, unless a different day or place shall have been apI . St W WJ.S? jfl ' . M-1 1 pointed ny law. DH, 11. in ine opinion 01 the i.overnor, ; the public wellare shall require it, he may, at any time, j by proclamation, call a special session, Sec 10. Each House, when assembled, shall choose ; its own officers, (the President of the Senate excepted,) jodi tho elections, qualifications, and returns of its own members, determine its rules of proceeding, and sit upon its own adjournment. But neither House shall, without the consent of the other, adjourn for more than three days, nor to any place other than that in which it may lie sitting.

Sec. 11. Two-thirds of each House shall constitute a quorum, to do business; but a smaller number may meet, adjourn from dav to dav, and compel the attendance ol 1 . . . . .

absent members. A quorum lieing in attendance, if ei ther House fail te effect an organization within the first five days thereafter, the members of the House so failing, i shall be entitled to no compensation, from the end ofj the said five days, until an organization shall have been e flee ted. Sec. 12. Each House shall keep a journal of its pro

ceedings, and publish the same. The yeas and nays, on forces, to execute the laws, or to suppress insurrection, any question, shall, at the request of any two members, J or to repel invasion. be entered, together with the names of the members de- j Sec 13. He shall, from time to time, give to the Genmanding the same, on the journal : Provided, that, on a ) eral Assembly, information touching the condition of the motion to adjourn, it shall require one-tenth of the mem- I State, and recommend such measures as ha shall judge bers present, to order the yeas and nays. to be expedient. Sec 13. The doors of each House, and of Commit- i Sec. 14. Every bill, which shall have passed both tees of the Whole, shall be kept open, except in such I Houses of the General Assembly, shall be presented to cases, as, in the opinion of cither House, may require j the Governor; if he approve, he shall sign it, but if not secrecy. ; he -shall return it, with his objections, to the House in

Sec 14. Either House may punish its members for disorderly behavior, and may, with the concurrence of two thirds, expel a member; but not a second tune, for the same cause.) Sec 15. Either House, during it session, may punish, by imprisonment, any person not a member, who shall have been guilty of disrespect to the House, by dis orderly or contemptuous behavior, in its presence ; but

such imprisonment shall not, at any one time, exceed , law. If any bill shall not Iks returned by the Governor twenty-four hours. , within three days, Sundays excepted, after it shall have Sec 16. Each House shall have all powers, necessary been presented to him, it shall be a law without for a branch of the Legislative department of a free and his signature, unless the general adjournment shall independent State. prevent its return; in which case, it shall lc a law, Sec. 17. Bills may originate in either House, but may i unless the Governor, within five days next after such adbe amended, or rejected in the other, except that bills I jotirnroent, shall tile such bill, with his objections thereto, for raising revenue shall originate in the House of Rep- j in the office of Secretary State, who shall lay the same resentatives. , before the General Assembly, at its next session, in like Sec H. Every bill shall he read, by sections, on three ' manner as if it had been returned bv the Governor. But

several davs, in each house; unless, in case of emergencv. two-thirds of the House, where such bill may be de pending, shall, by a vote of yeas and nays, deem it expedient to dispense with this rule; but the reading of a bill, by sections, on its final passage, shall, in no case, be dispensed with ; and the vote on the passage of every bill, or joint resolution, shall be taken by yeas and nays. Sec. i'J. Every act shall embrace but one subject, and matters properlv connected therewith ; which subject shall be expressed m the title. But if any subject shall be embraced in an act. which shall not lie expressed in the title, such act shall be void, only as to so much thereof as shall not be expressed in the title. Sec 20. Every act and joint resolution shall be plain ly worded, avoiding, as far as practicable, the technical terms. use ofj

Sec. 21. No act shall ever lie revised, or amended. ported to the General Assembly, at its next meeting; by mere reference to its title; but the act revised, or j when the General Assembly shall either grant a pardon, section amended, shall be set forth and published, at full commute the sentence, direct the execution of the senlength. ' tence, or grant a further reprieve. He shall have power Sec. 22. The General Assembly shall not pass local ' to remit fines and forfeitures, under such regulations as or special laws, in any of the following enumerated cases, I may he prescribed by law, and shall report to the Genthat is to say: j eral Assembly at its next meeting, each case of reprieve. Regulating the jurisdiction and duties of Justices of commutation, or pat don granted, and also the names of the Peace and of Constables. all persons in whose favor remission of tines and forfeiFor the punishment of crimes and misdemeanors; j tures shall have been made, and the several amounts reRegulating tint practice in courts of justice. I mitted: Provided, however, that the General Assembly Providing lor changing the venue in civil aud criminal ' ncay, by law, constitute a council to I12 composed ol offi-m-"s; ' C' rs of State, without whose advice and consent, the Granting divorces; Governor shall not have power to grant pardons, in anv Changing the names of persons; case, except such as may, by law, be left to his sole

t or laying ont. opening, and working on. highways, and for the election or appointment of supervisors : Vacating roads, town plats, streets, alleys, and publicsquares ; Summoning and empanneling grand and petit juries, '. and providing lor their compensation; Regulating county and township business; Regulating the election of county and township officers, and their compensation. For the assessment and collection of taxes for State, county, township, or road purposes; Providing for supporting common schools, and for the preservation of school funds; In relation to fees or salaries; In relation to interest on money; Providing for opening and conducting elections, of Stale, county, or township officers and designating the places ol voting; Providing for the sale of real estate, belonging to ' minors or other persons laltoring under legal uisamlities, by executors, administrators, guardians, of trustees. Sec. 23. In all the cases enumerated in the preceding section, and in all other cases where a general law can i be made applicable, all laws shall lie general, and of uni- i form operation throughout the State. Sec 24. Provision may be made, by general law. for 1 bringing suit against the State, as to ail liabilities originating after the adoption of this Constitution; but no special act, authorizing such suit to be brought, or mak- ; ing compensation to any person claiming damages against the .Mate, shall ever be passed. Sec 25 A majority of all' the members elected to each Mouse, shall le necessary to pass every bill cr joint resolution; and all bills and joint resolutions so passed, shall be signed by th Presiding Officers of the respective Houses. Sec 26. Any member of cither House shall have the right to protest, and to have his protest, with his reasons !.. . I . , . I .... , I . n ...... I for dissent, entered on the journal Sec 27. Every statute shall be a public law, unless otherwise declared in-the statute itself. Sec 2S. No act shall take effect, until the same shall have been published and circulated, in the several countics of the State, by authority, except in case of emergency ; which emergency shall re deciarud iu the pream ble, or in the body ot the law. a a n 1 1 M . t -f 1 a si lis . 1 l,e menwers 01 the uencrat Assembly snail 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 be made. 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, be eligible to any office, the election to which is vested in the General Assembly ; nor shall he le 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 otfice elective by the People ARTICLE V. EXECUTIVE

Sectiox 1. Tho executive power ot the Mate shaH be the public records, hooics, ami papers, in any manner revested in a Governor. He shall hold his office during four lating to their respective offices, at the seat of governyears, and shall not be eligible more than lour years, in ment. anv period of eight years. Sec 6. All county, township, and town officers shall Sec 2. There shall le a Lieutenant Governor, who ; reside within their respective counties, townships, anil shall hold his office during four years. j towns, and shall keep their respective offices at such pla-

Sec. 3. 1 he uovct nor ami Lieutenant governor snail lie elected at the times and places pf choosing members of the General Assembly. Sec. 4. In voting for "Governor and Lieutenant Governor, the electors shall designate for whom they vote as Governor, and for whom as Lieutenant Governor. The returns of every election for Governor and Lieutenaut Governor, shall be sealed up and transmitted to the seat of government, directed to the Speaker of the House of Representatives, who shall open and publish them in tbe presence ot both Houses 01 ine uencrai ivssemniy. Sec 5. The persons, respectively, having tbe highest number of votes for Governor and Lieutenant Governor, shall be elected ; but in case two or more persons shall have an eqnal and the highest number of votes for either office, the General Assembly shall, by joint vote, forth with proceed to elect one of the said persons Governor or Lieutenant Governor as the case may lie Sec. 6. Contested elections, for Governor or Lieutenant Governor, shall be determined by the General As sembly, in such manner as may lie prescribed hy law 8ec 7. No person sbill be eligible to the office of Governor or Lieutenant Governor, who shall not have been five years a citizen of the United States, and also a resident of the State of Indiana during the five years next preceding his election : nor shall any person be eligible to either of the said offices, who shall not have attained 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 fill the office of Governor, or of Lieutenant Governor. Sec. 9. The. official term of the Governor and Lien-

tenant Governor shall commence on the second Monday Judges shall be elected by the electors of the State at of January, in the year one thousand eight hundred and : large. fifty-three ; and os the same day every fourth year there- ; Sec 4. The Soprems Conrt shall havo jurisdiction, after. , co-extensive with the limits 0r the State, in appeals and Sec 10. Id case of the removal of tbe Governor from writs of error under sncL regulations and restrictions as office, or of bis death, resignation, or inability to Jis- . may be prescribed by law. It shall also have such charge the duties of the office, the same shall devolve original jurisdiction ss tho General Assembly may conon the Lieutenant Governor; and the General Assembly for. shall, by law, provide for the case of removal from office Sic. 5'. The Supreme Court shall, upon the decision

death, resignation, or inability of both the Governor and ' Lieutenant Governor, declaring what officer shall then act 1 as Governor; and such officer shall act accordingly, .:i.L-J- LM!. L J rl 1- r

until the disability be removed or a Governor be elected Sic. 11. Whenever the Lieutenant Governor shall act as Govcraor, or shall be unable to attend as President of the Senate, the Senate shall elect one of its own members, as President for the occasion. Sec. 12. The Governor shall be commander-in-chief of the military and naval forces, and may call ont such 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 sent, with the Governor's objections, to the other House, by which it shall likewise be reconsidered ; and, if approved by a majority of all the raemliers elected to that House, if shall be a ; no bill shall be presented to the Governor within two days next previous to the final adjournment of the General Asembly. Sec. 15. The Governor shall transact all necessary business with the officers of government, and may require information in writing from the officers of the administrative department, upon any subject relating to the duties of their respective offices. Sec. 16. He sbjpll take care that the laws be faithfully executed. Sec 17. He shall have the power to grant reprieves, commutations, and pardons, alter conviction, for all offences except treason and cases of impeachment . subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution ol the sentence, until the case shall be re power Sec 18. When, during a recess of the General As sembly, a vacancy shall happen in any office, the appointment to which is vested in the General Assemldv; or when, at any time, a vacancy shall have occurred in any other State office, or in the otfice of Judge of any Court tho Governor shall till such vacancy by appointment, which shall expire, when a successor shall have been j elected and qualified . Sec. 19. He shall issue wits of election to fill such i vacancies as mav have occurred in the General Assem- ' blv. Sec 20. Should the seat of government liceome dan- ! gerous from disease or a common enemy, he may eonrtM the General Assembly at any other place. Sec. 21. The Lioutenant 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 on ail subjects ; and wheneverthe Senate shall be equally divided, he shall give the casting vote. Sec. 22. The Governor shall, at stated times, r- ceive for his services a compensation, which shall neither be increased nor diminished, during the term for which he shall have been elected. Sr.c 23. The Lieutenant Governor, wlilletie shall act as President of the Senate, shall receive, for his services the same compensation as the Speaker of the House of Representatives; e.nd any person, acting as Governor, shall receive the compensation attached to the office of Governor. Sec 24. Neither the Governor nor Lieutenant Gover nor shall lie eligible to any other office, during the term, for 1,c slm11 1,ave boen elected ARTICLE VI ADMINISTRATIVE. Sec 1. There shall be elected by the voters of the State, a Secretary, an Auditor, and a Treasurer of State i Tney shall pcrorm such duties as mav be enjoined by la 1 .... ..... J . . J - J wno snail severally uo'U their ottices tor two years law ; and no person shall be eligible to either ot said offices, more than four years in any period of six years. Sec 2. There shall be elected, in each county by the . .1 i. - .1 . l m 1 r . voters increni, ai ine time 01 nonnng general elections a Clerk of the Circuit Court, Auditor, Recorder. Trea I mmtf sherill', Coroner, and Surveyor. The Clerk, AuUitor, and Recorder, shall continue in office four years; and no person shall be eligible to the otfice of Clerk Ro , cun , or Auditor, more than eight years in any period of - ,ive yMrs The Treasurer, Sheriff, Coroner, and Su vevoi , shall continue in office- two years; and no per 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 lie elected, or appointed, in such manner as may be prescribed bv law. Sec 4. No person shall be elected, or appointed, as a county officer, who shall not be an elector of the county ; nor any one, who shall not have 1 1 an inhabitant thereof, during one year next preceding his appointment, if the county shall have been so long organized ; but if the county shall not have been so long organized, then within the limits of the county or counties, out of which the same shall have iieen taken. Sec 5. The Gove'nor, and the Secretary, Auditor. and Treasurer of State shall severally reside and keep ces Hierein, an; periorm sucu uutic, as may oe uirvcieu by law. Sec. 7. All State officers shall, for crime, incapacity, or negligence, be liable to be removed from office, either bv impeachment by the House of Representatives, to be tried hy the Senate, or by a joint resolution of the Gen j eral Assembly ; two-thirds of the members elected to ! each branch vo'.ing, in either case, therefor, ! Sec 8. All State, county, township, and town officers, may be impeached, or removed from otfice, in such manncr as may tie prescnoeu ny law. Sec 9. Vacancies in county, township, and town offi ces shall be filled in such manner as may be prescribed by law. Sec 10. The General Assembly may confer upon the boards doing county business in tho several counties, powers of a local, administrative character. ARTICLE VII. JUDICIAL. Section. . The Judicial power of the State shall be vest 'd in a Supreme Court, in Circuit Courts, and in such inferior Courts, as tbe General Assembly may es ; tablish. Sec 2. The Supreme Court shall consist of not less than three, nor more than five Judges; a majority of whom shall form a quorum. They shall hold their offi- ; c.n for six vears. if they so long behave well. Sec 3. The State shall be divided into as many disI tricts as there are Judges of the Supreme Court; and ! such districts shall be formod of contiguous territory, as nearly equal in population, a, withont dividing a conntv, the same can hie made. One of said Judges shall lie elected from each district, and reside therein; but said

of every case, give a statement iu writing of each question arising in the record of such case, and the decision of the Court thereon. Sec tk The General Assembly shali provide by law, for the speedy publication of the decisions of the Supreme Court, made under this Constitution ; but no Judge shall be 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 office four years, and w hose duties shall be prescribed by law. Sec 8. Tbe Circuit Courts shall each consist of one Judge, and shall have such civil and criminal jurisdiction as may be prescribed by law. Sec. 9. The State shall, from time to time, 1 divided into judicial Circuits: and a Judge, for each Circuit shall be elected by tbe 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 General Assembly may provide by law, that the Judge of one Circuit may hold the Courts of another Circuit, in cases of necessity or convenience; and, in case of temporary inability of any Judge from sickness or other cause, to hold the Courts in his Circuit. proision may be made by law for holding stich courts. Sec 11. There shall be elected, in each Judicial Circuit, by the voters thereof, a Prosecuting Attorney, who shall hold his olfice for two years. Sec 12. Any Judge or Prosecuting Attorney, who shall have lieen 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 iu such other manner as may be prescribed by law. Sec 13. The Judges of the Supremo Court and Circuit Courts shall, at stated times, receive a compensation, which shall not be diminished during their continuance in office. Sec. 14. A competent number of Justices of the Peace shall be elected, by the voters in each township in the several counties. They shall continue in otfice lour years, and their powers and duties shall be prescribed by law. Sec. 15. All judicial officers shall be conservators of the peace in their respective jurisdictions. Sec. 16. No person elected to any judicial office, shall, during the terra for which he shall have been elected, lie eligible to anv office of trust or profit, under the State other than a judicial olfice. Sec. 17. The General Assembly may modify, or abolish, the Grand Jury system. Sec 18. All criminal prosecutions shall be carried on. in the name, and bv the authority, of the State j and the style of ail process shall lie 'The State of Indiana.'' Sec. 19. Tribunals of conciliation may be established, with such powers and duties as shall lie prescribed by law; or, the powers ami duties of the same may be conferred upon other Courts of justice; but such tribunals or other Courts when sitting as such, sifhll have no

power to render judgment to lie obligatory on the parties, unless they voluntary submit their matters of difference, and agree to abide the" judgment of such tribunal or Court. Sec. 20. The General Assembly, at its first session after the adoption of this Constitution, shall provide for the appointment of three Commissioners, whose duty it shall be to revise, simplify, and abridge, the rules, practice, pleadings and forms of the Courts of justice.- And they shall provide lor aliolishing the distinct forms of action 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 Assembly, may also, make it the duty of said Commissioners to reduce into a systematic code, the general statute law of the State ; and said Commissioners shall report the result ol their labors bo the General Assembly, with such recommendations anil suggestions, as to abridgement and amendment, as to said Commissioners may seem necessary or proper. Provision shall be made, by law. for filling vacancies, regulating the tenure of office, and the compensation of said Commissioners. Sec 21. Every person of good moral chrracter. being a voter, shall lie entitled to admission to practice law in all Courts of justice. ARTICLE VIII. EDUCATION. Section I. itnowledge 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 means, moral, intellectual, scientific, and agricultural improvement; and to provide, by law, for a general and uniform svstem of Common Schools, wherein tuition shall 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 fund 'o 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 forfeitures which may accrue; All lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheiitance ; All lands that have been, or may hereafter be, granted to this State, where no special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds of the sales of the Swamp Lands, granted to the State of Indiana by the act of Congress of 2Sth September, 150, after deducting the expense of selecting and of draining the same ; Taxes on the nroperty of corporations, that may be assessed by tbe Gcueral Assembly for Common School purposes. Sec 3. The principal of the Common School fund shall remain a perpetual fund, which may be increased, but shall never be diminished and the income thereof shall lie inviolably appropriated, to the support of Common Schools, and to no other purpose whatever. Sec. 4. The General Assembly shall invest, in some safe and profitable manner, all such portions of the Common School fund, as have not heretofore been entrusted to the several counties; and shall make provision, by law, for the distribution, among the several counties of the interest thereof. Sec 5. If any county shall fail to demand its propor tion of such interest, for Common School purposes, the same shall be re-invested, for the benefit of such county. Sec. 6. The several counties shall lie held liable for the preservation of so much of the said fund, a may be entrusted to them, and for the payment of the annual interest thereon. Sec 7. All trust funds, held by the State, shall remain inviolate, and be faithfully and exclusively applied to the purposes, for which the trust was created Sec 8. The General Assembly shall provide for the election, bv 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 I. It shall be the the duty of tbe General Assembly, to provide, by law, for the support of Institutions for the education of the Deaf and Dumb, and of the Blind; and also, for the treatment of the Insane. Sec. 2. The General Assmbly shall provide Houses of Refnge, for the correction and reformation of juvenile offenders. Sec. 3. Tbe county In ards 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 apon 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 shall prescribe such regulations as shall secure a just valuation for taxation of all property , both real and personal, excepting such only for municipal, educational literary, scientific, religions, or charitable purposes, as may be specially exempted by law. Sec. 2 All the revenues derived from the salg of any of the public works belonging e the Slate, and from the net annual income thereof, and any surplus that may at any time, remain in tbe Treasury, derived from taxation lor general Mate purposes, after the payment 01 me 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 tho General Assembly, to the payment of the principal of the Public Debt.' Sec 3. No money shall lie drawn from fhe Treasury, but in pursuance ef appropiations made by law. Sec. 4. An accurate statement of the receipts and exptndrtnrcs of the public money, shall be published

with the laws of each regular session of tbe General Assembly. Sec 5. No law shall authorize any debt to be con traded, on behalf of the State, except in the following cases: to meet casual deficits in tbe revenue, to pay tho interest on the State Debt, to repel invasion, suppress insurrection, or, if hostilities are threatened, provide for the public defence. Sec. 6. No county shall subscribe for stock in any incorporated company, unless tbe same be paid for at the time of such subscription; ner shall any county loan its credit to any incorporated ompany, nor borrow money for the purpose of taking stock in any such company, nor shall the General Assembly ever, on behalf of lheState, assume the debt of any canity, city, town, or township; nor of and corporation whatever. ARTICLE XI. CORPORATIONS. Sec 1. The General Assembly shall not have power to establish or incorporate any bank or banking company, or moneyed institution, tor the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution. Sec 2. No banks shall be established, otherwise than under a general banking lax, except as provided in the fourth section of this article. Sec. 3. If the General Assembly shall enact a general banking law, such law shall provide for the registry and countersigning, by an officer of State, of all paper credit designed to be circulated as money; and ample collateral security, readily convertible into specie, for the redemption of the same iii gold or silver, shall lie required, which collateral security shall be under the control of the proper officer or officers of State. Sec. 4. The General Assembly may also charter a Bank with Brandies, w ithout collateral security, as required in the preceding section. Sec. 5. If the General Assembly shall establish a Bank with Branches, the branches shall lie mutually responsible for each other's liabilities, upon all paper credit issued as money. Sec. 6. The stockholders in every bank or tanking company shall lie individually responsible, to an amount, over and above their stock, equal to their respective shares of stock, lor all debts or liabilities of said bank or banking company. Sec. 7. All bills or notes issued as money shall be, at all times, redeemable in gold or silvci : and no law shall lie passed, sanctioning, directly or indirectly, the suspension, by any bank or banking company , of specie payments. Sec 8". Holders of bank n tcssliallbc entitled, in case of insolvency, to preference of payment over all other creditors. Sec 9. No bank snail receive, directly or indirectly.

j a greater rate of interest than shall be ahowed, by law, to individuals loaning money. Sec 10. Every bank or banking company shall be I required to cease all banking opcratious, within twenty ' years from the time of its organization, and promptly liicrealter to close its business. Sec. 11. The General Assembly is no: prohibited ' from investing the Trust Funds in a Bank with branches ; but . in case of such investment, the safety of the same ' shall be guarantied by unquestionable security. Sec. 12. The State shall not be a stockholder in any ! bank, alter the expiration of the present bank charter; nor shall the credit of the State ever !c given, or loaned, ! in aid of any person, association, or corporation; nor j shall the Stale hereafter become a stockholder in any cor- ' poration or association. Sec. 13. Corporations, other than banking, shall net lie created by special act, but may be lormcd under genera! laws. Sec. 14. Dues from corporations, other than banking, shall be secured by sucb individual liability of the corporotors, or other means, as may be prescribed by law. ARTICLE XII. MILITIA. Sec. 1. The militia shall consist of ail nble-hodicd white male persons, between the ages of eighteen and forty-five years, e:eept such as may be exempted by the laws of the United States, or of this State; and hall be organized, officered, armed, equipped, and trained, in such manner as may be provided by law. Sec. 2. The Governor shall appoint the Adjutant, Quartermaster, and Commissary Generals. Sec 3. All militia officers shall be commissioned bv the Governor, and shall hold their offices not longer than six years. Sec. 4. The General Assembly shall, by law, determine the method of dividing the militia into divisions, brigades, regiments, battaliions and companies, and fix the rank of all staff officers. Sec 5. The militia may be divided into classes of sedentary and active militia, in such manner as shall be prescribed by law. Sec 6. No person, conscientiously opposed to bearing arms, shall be compelled to do militia duty : but such person shall pay an equiv alent for exemption ; the amount to be prescribed bv law. ARTICLE Xm. NEGROES AND MPLATT0ES. Sec. I. No Negro or Mulatto shall come into, or settle in the State, after the adoption of this Constitution . Sec. 2. All contracts, made with any Negro or Mulatto coming into the State, contrary to the provision ol the foregoing section, shall be void; and any person who shall employ such Negro or Mulatto, or otherwise encourage him to remain in the State, shall be lined in any nm not less than ten dollars, nor more than five hundred dollars. Sec. 3. All fines which may lie collected for a violation of the provisions of this article, or of any law which may hereafter be passed for the purpose of carrying tho same into execution, shall be set apart and appropriated for tbe colonization of such Negroes and Mulattocs and their descendants, as may be in the State, at the adoption of this Constitution, and may be willing to emigrate. Sec. 3. The General Assembly shall pass laws to carry out the provisions of this article. ARTICLE XIV. BOUNDARIES. Sec 1. In order that the lioundaries of the State may be known and established, it is hereby ordained and declared, that the State of Indiana is bounded on the East, by the meridian 'ine. which lorms the western boundary of the State of Ohio ; on tbe South, by the Ohio river, from the mouth of the Great Miami river to the mouth of the Wabash river ; on the West, by a line drawn along the middle of the Wabash river from its mouth to a point where a due north line, drawn from tbe town of Vinccjmes, would last touch the north-western shore of said Wabash river ; and, thence, by a due north line, until the same shall intersect an cast and west line, drawn through a point ten miles north of the southern extreme of Lake Michigan; on the North, Hy said east and west fine, until the same shall intersect the first men tioned meridian line, which forms tbe western boundary nf the State of Ohio. Sec 2. The Stat -of Indiana shall possess jurisdiction and sovereignty co-extensive with the boundaries declared in the preceding section ; and shall have concurrent jurisdiction in civil and criminal cases, with the State ot Kentucky on the Ohio river, and with the State of Illinois on the Wabash river, so far as said rivers form the common boundary between this Slate and raid State respectively. ARTICLE XV MISCELLANEOUS . Sec. 1. AH officers, whose appointment is not otLcr-" wise provided for in this Constitution, shall be chosen in such manner as now is, or may hereafter be, prescribed by law. Sec. 2. When the duration of any office is not provided for by this Constitution, it may be declared by law; and, if not o declared snch office shall be held, during the pleasure of the authority making the appointment -But the General Assembly shall nr-. create any office, the tenure of which shall be longer than four years. Sec. 3. Whenever it is provided in this Constitution, or in any law which may be hereafter passed, that any officer, other than a member of the General Assembly, shall hold his office for any given term, the same shall be construed to mean, that such officer shall hold bis office lor such term, and until his successor shall have been elected and qualified. Sec. 4. Every person elected or appointed to any office under this Constitution, shall before entering on tbe duties thereof, take an oath or affirmation, to support tbe Constitution of this State, and of the United States, and also an oath of office. Sec 5. There shall lie a Seal of State, kept by the Governor for official purposes, which shall be called the Seal of the State of Indiana. Sec. 6. All commissions shall issue in the name ol the State, shall be sijrned by the Governor, sealed with the State Seal, and attested by the Secretary of State. Sec. 7. No County shall be reduced lo an area less than four hundred square miles; nor shall any Couav ty, under that area, be furthor reduced. rCenchHW on fourth psft.)