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een hundred and sixteen, and of the Independence of the United States the fortieth, having the right of admission into the General Government as a member of the Union, consistent with the Constitution of the United States, the ordinance of Congress of one thousand seven hundred and eighty-seven, and the law of Congress entitled “An act to enable the people of the Indiana Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States,” in order to establish justice, promote the welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent State by the name of “The State of Indiana."
ARTICLE I. SECTION 1. That the general, great, and essential principles of liberty and free government may be recognized and unalterably established, we declare: that all men are born equally free and independent, and have certain natural, inherent, and unalienable rights; among which are, the enjoying and defending life and liberty, and of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety.
SEC. 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of these ends they have at all times an unalienable and indefeasible right to alter Or reform their government in such manner as they may deem proper.
SEC. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious societies or modes of worship; and no religious test shall be required as a qualification to any office of trust or profit.
Sec. 4. That elections shall be free and equal.
SEC. 5. That in all civil cases, where the value in controversy shall exceed the sum of twenty dollars, and in all criminal cases except in petit misdemeanors, which shall be punishable by fine only, not exceeding three dollars, in such manner as the legislature may prescribe by law, the right of trial by jury shall remain inviolate.
Sec. 6. That no power of suspending the operation of the laws shall be exercised, except by the legislature or its authority.
SEC. 7. That no man's particular services shall be demanded; or property taken or applied to public use, without the consent of his representatives, or without a just compensation being made therefor.
Sec. 8. The rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.
SEC. 9. That the printing-presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.
SEC. 10. In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for the public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
SEC. 11. That all courts shall be open, and every person, for an injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law, and right and justice administered without denial or delay.
Sec. 12. That no person arrested or confined in jail shall be treated with unnecessary rigor, or be put to answer any criminal charge, but by presentment, indictment, or impeachment.
SEC. 13. That, in all criminal prosecutions, the accused hath a right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and, in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the county or district in which the offence shall have been committed, and shall not be compelled to give evidence against himself, nor shall be twice put in jeopardy for the same offence.
SEC. 14. That all persons shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety may require it.
SEC. 15. Excessive bail shall not be required; excessive fines shall not be imposed; nor cruel and unusual punishments inflicted.
SEC. 16. All penalties shall be proportioned to the nature of the offence.
SEC. 17. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.
SEC. 18 No ex post facto law, nor any law impairing the validity of contracts, shall ever be made; and no conviction shall work corruption of blood, nor forfeiture of estate.
SEC. 19. That the people have a right to assemble together, in a peaceable manner, to consult for their common good, to instruct their representatives, and to apply to the legislature for a redress of grievances.
SEC. 20. That the people have a right to bear arms for the defence of themselves and the State; and that the military shall be kept in strict subordination to the civil power.
SEC. 21. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
SEC. 22. That the legislature shall not grant any title of nobility or hereditary distinctions, nor create any office, the appointment to which shall be for a longer term than good behavior.
Sec. 23. That emigration from the State shall not be prohibited.
SEC. 24. To guard against any encroachments on the rights herein retained, we declare that everything in this article is excepted out of the general powers of government, and shall forever remain inviolable.
ARTICLE II. The powers of the government of Indiana shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judiciary, to another. And no person, or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.
ARTICLE III. SECTION 1. The legislative authority of this State shall be vested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people.
SEC. 2. The general assembly may, within two years after their first meeting, and shall, in the year eighteen hundred and twenty, and every subsequent term of five years, cause an enumeration to be made of all the white male inhabitants above the age of twenty-one years. The number of representatives shall, at the several periods of making such enumerations, be fixed by the general assembly, and apportioned among the several counties according to the number of white male inhabitants, above twenty
one years of age, in each; and shall never be less than twenty-five, nor greater than thirty-six, until the number of white male inhabitants above twenty-one years of age shall be twenty-two thousand; and, after that event, at such ratio that the whole number of representatives shall never be less than thirty-six, nor exceed one hundred.
SEC. 3. The representatives shall be chosen annually, by the qualified electors of each county respectively, on the first Monday of August.
SEC. 4. No person shall be a representative unless he shall have attained the age of twenty-one years, and shall be a citizen of the United States, and an inhabitant of this State; shall also have resided within the limits of the county in which he shall be chosen one year next preceding his election, if the county shall have been so long erected; but if not, then within the limits of the county or counties out of which it shall have been taken, unless he shall have been absent on the public business of the United States, or of this State, and shall have paid a State or county tax.
SEC. 5. The senators shall be chosen for three years, on the first Monday in August, by the qualified voters for representatives; and, on their being convened in consequence of the first election, they shall be divided by lot from their respective counties or districts, as near as can be into three classes; the seats of the senators of the first class shall be vacated at the expiration of the first year; and the second class at the expiration of the second year; and of the third class at the expiration of the third year; so that one-third thereof, as near as possible, may be annually chosen forever thereafter.
Sec. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the general assembly, and apportioned among the several counties or districts to be established by law, according to the number of white male inhabitants, of the age of twenty-one years, in each, and shall never be less than one-third, nor more than one-half, of the number of representatives.
Sec. 7. No person shall be a senator unless he shall have attained the age of twenty-five years, and shall be a citizen of the United States; and shall, next preceding the election, have resided two years in this State, the last twelve months of which in the county or district in which he may be elected, if the county or district shall have been so long erected; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken; unless he shall have been absent on the public business of the United States, or of this State, and shall moreover have paid a State or county tax.
Sec. 8. The house of representatives, when assembled, shall choose a speaker and its other officers, and the senate shall choose its officers, except the president; and each shall be judges of the qualifications and elections of its members, and sit upon its own adjournments. Two-thirds of each house shall constitute a quorum to do business; but a smaller number may adjourn, from day to day, and compel the attendance of absent members.
Sec. 9. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members, on any question, shall, at the request of any two of them, be entered on the journals.
Any one member of either house shall have liberty to dissent from and protest against any act or resolution which he may think injurious to the public, or any individual or individuals, and have the reason of his dissent entered on the journals.
SEC. 11. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent State.
SEC. 12. When vacancies happen in either branch of the general assembly, the governor, or the person exercising the power of governor, shall issue writs of election to fill such vacancies.
Sec. 13. Senators and representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to or returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
Sec. 14. Each house may punish, by imprisonment, during their session, any person not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence: Provided, Such imprisonment shall not, at any one time, exceed twenty-four hours.
SEC. 15. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the house, may require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting.
SEC. 16. Bills may originate in either house, but may be altered, amended, or rejected by the other.
Sec. 17. Every bill shall be read on three different days in each house, unless, in case of urgency, two-thirds of the house where such bill may be depending shall deem it expedient to dispense with this rule; and every bill, having passed both houses, shall be signed by the president and speaker of their respective houses.
SEC. 18. The style of the laws of this State shall be, “ Be it enacted by the general assembly of the State of Indiana.'
Sec. 19. All bills for raising revenue shall originate in the house of representatives, but the Senate may amend or reject as in other bills.
SEC. 20. No person holding any office under the authority of the President of the United States, or of this State, militia officers excepted, shall be eligible to a seat in either branch of the general assembly, unless he resign his office previous to his election; nor shall any member of either branch of the general assembly, during the time for which he is elected, be eligible to any office, the appointment of which is vested in the general assembly: Provided, That nothing in this constitution shall be so construed as to prevent any member of the first session of the first general assembly from accepting any office that is created by this constitution, or the Constitution of the United States, and the salaries of which are established. SEC. 21. No money shall be drawn from the treasury but in consequence of
appropriations made by law.
SEC. 22. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws, at every annual session of the general assembly.
SEC. 23. The house of representatives shall have the sole power of impeaching, but a majority of all the members elected must concur in such impeachment. All impeachments shall be tried by the Senate, and, when sitting for that purpose, the senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of a majority of all the senators elected.
SEC. 24. The governor, and all civil officers of the State, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors; but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, profit, or trust, der this State. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment, and punishment according to law.
SEC. 25. The first session of the general assembly shall commence on the first Monday of November next; and forever after the general assembly shall meet on the first Monday in December in every year, and at no other period unless directed by law, or provided for by this constitution.
Sec. 26. No person who hereafter may be a collector or holder of public money shall have a seat in either house of the general assembly, until such person shall have accounted for and paid into the treasury all sums for which he may be accountable.
SECTION 1. The supreme executive power of this State shall be vested in a governor, who shall be styled the governor of the State of Indiana.
SEC. 2. The governor shall be chosen by the qualified electors on the first Monday in August, at the places where they shall respectively vote for representatives thereof.
The returns of every election for 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 presence of both houses of the general assembly; the person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of the members of both houses. Contested elections shall be determined by a committee to be selected from both houses of the general assembly, and formed and regulated in such manner as shall be directed by law.
Sec. 3. The governor shall hold his office during three years from and after the third day of the first session of the general assembly next ensuing this election, and until a successor shall be chosen and qualified; and shall not be capable of holding it longer than six years in any term of nine years.
Sec. 4. He shall be at least thirty years of age, and shall have been a citizen of the United States for ten years, and have resided in the State five years next preceding his election ; unless he shall have been absent on the business of this State or of the United States: Provided, That this shall not disqualify any person from the office of governor who shall be a citizen of the United States, and shall have resided in the Indiana Territory two years next preceding the adoption of this constitution.
SEC. 5. No member of Congress, or person holding any office under the United States, or this State, shall exercise the office of governor or lieutenant-governor.
Sec. 6. The governor shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the term for which he shall have been elected.
Sec. 7. He shall be commander-in-chief of the army and navy of this state, and of the militia thereof, except when they shall be called into the service of the United States; but he shall not command personally in the field, unless he shall be advised so to do by a resolution of the general assembly.
SEC. 8. He shall nominate, and by and with the advice and consent of the senate appoint and commission, all officers, the appointment of which is not otherwise directed by this constitution; and all offices which may be created by the general assembly shall be filled in such manner as may be directed by law.
Sec. 9. Vacancies that may happen in offices, the appointment of which is vested in the governor and senate, or in the general assembly, shall be filled by the governor, during the recess of the general assembly, by granting commissions that shall expire at the end of the next session.
Sec. 10. He shall have power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeachment.
Sec. 11. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices.
Sec. 12. He shall, from time to time, give to the general assembly information of the affairs of the State, and recommend to their consideration such measures as he shall deem expedient.
Sec. 13. He may, on extraordinary occasions, convene the general assembly at the seat of government, or at a different place if that shall have become, since their last adjournment, dangerous from an enemy, or from contagious disorders; and, in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the time of the next annual session.
SEC. 14. He shall take care that the laws be faithfully executed.
SEC. 15. A lieutenant-governor shall be chosen at every election for a governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant-governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant-governor.
Sec. 16. He shall, by virtue of his office, be president of the senate; have a right, when in committee of the whole, to debate and vote on all subjects, and, when the senate are equally divided, to give the casting vote.
Sec. 17. In case of impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the lieutenant-governor shall