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SEC. 2. The State of Indiana shall possess jurisdiction and sovereignty coextensive with the boundaries declared in the preceding section; and shall have concurrent jurisdiction in civil and criminal cases with the State of 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 tate and said States respectively.
MISCELLANEOUS. SECTION 1. All officers whose appointment is not otherwise provided for in this constitution, shall be chosen in such manner as now is, or hereafter may 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 so declared, such office shall be held during the pleasure of the authority making the appointment. But the general assembly shall not 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 his office for 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 the duties thereof, 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 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 of the State, shall be signed by the governor, sealed with the State seal, and attested by the secretary of state.
No county shall be reduced to an area less than four hundred square miles; nor shall any county under that area be further reduced.
Sec. 8. No lottery shall be authorized, nor shall the sale of lottery-tickets be allowed.
Sec. 9. The following grounds, owned by the State in Indianapolis, namely: The State-house Square, the Governor's Circle, and so much of out-lot numbered one hundred and forty-seven, as lies north of the arm of the central canal, shall not be sold or leased.
SEC. 10. It shall be the duty of the general assembly to provide for the permanent inclosure and preservation of the Tippecanoe battle-ground.
AMENDMENTS. SECTION 1. Any amendment or amendments to this constitution may be proposed in either branch of the general assembly, and, if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their journals, and referred to the general assembly to be chosen at the next general election ; and if in the general assembly so next chosen such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such amendment or amendments to the electors of the State; and if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this constitution.
SEC. 2. If two or more amendments shall be submitted at the same time they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately; and while an amendment or amendments which shall have been agreed upon by one general assembly shall be awaiting the action of a succeeding general assembly, or of the electors, no additional amendment or amendments shall be proposed.
SCHEDULE. This constitution, if adopted, shall take effect on the first day of November, in the year one thousand eight hundred and fifty-one, and shall supersede the constitution adopted in the year one thousand eight hundred and sixteen. That no inconvenience may arise from the change in the government, it is hereby ordained as follows:
SECTION 1. All laws now in force, and not inconsistent with this constitution, shall remain in force until they shall expire or be repealed.
Sec. 2. All indictments, prosecutions, suits, pleas, plaints, and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, and injunctions shall be carried on in the several courts in the same manner as is now provided by law.
Sec. 3. All fines, penalties, and forfeitures due or accruing to the State, or to any county therein, shall inure to the State, or to such county, in the manner prescribed by law. All bonds executed to the State, or to any officer in his official capacity, shall remain in force, and inure to the use of those concerned.
SEC. 4. All acts of incorporation for municipal purposes shall continue in force under this constitution until such time as the general assembly shall, in its discretion, modify or repeal the same.
Sec. 5. The governor, at the expiration of the present official term, shall continue to act until his successor shall have been sworn into office.
Sec. 6. There shall be a session of the general assembly, commencing on the first Monday of December, in the year one thousand eight hundred and fifty-one.
Sec. 7. Senators now in office and holding over under the existing constitution, and such as may be elected at the next general election, and the representatives then elected, shall continue in office until the first general election under this constitution.
Sec. 8. The first general election under this constitution shall be held in the year one thousand eight hundred and fifty-two.
Sec. 9. The first election for governor, lieutenant-governor, judges of the supreme court and circuit courts, clerk of the supreme court, prosecuting attorney, secretary, auditor, and treasurer of State and State superintendent of public instruction, under this constitution, shall be held at the general election in the year one thousand eigh hundred and fifty-two; and such of said officers as may be in office when this constitution shall go into effect shall continue in their respective offices until their successors shall have been elected and qualified.
Sec. 10. Every person elected by popular vote, and now in any office which is continued by this constitution, and every person who shall be so elected to any such office before the taking effect of this constitution, (except as in this constitution otherwise provided,) shall continue in office until the term for which such person has been or may be elected shall expire : Provided, That no such person shall continue in office after the taking effect of this constitution for a longer period than the term of such office in this constitution prescribed.
SEC. 11. On the taking effect of this constitution, all officers thereby continued in office shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this constitution.
SEC. 12. All vacancies that may occur in existing offices prior to the first general election under this constitution shall be filled in the manner now prescribed by law.
Sec. 13. At the time of submitting this constitution to the electors for their approval or disapproval, the article numbered thirteen, in relation to negroes and mulattoes, shall be submitted as a distinct proposition, in the following form: “Exclusion and colonization of negroes and mulattoes,” “aye” or “no.” And if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this constitution, otherwise it shall be void, and form no part thereof.
Sec. 14. No article or section of this constitution shall be submitted as a distinct proposition to a vote of the electors otherwise than as herein provided.
Sec. 15. Whenever a portion of the citizens of the counties of Perry and Spencer shall deem it expedient to form of the contiguous territory of said counties a new
county, it shall be the duty of those interested in the organization of such new county to lay off the same by proper metes and bounds, of equal portions as nearly as practicable, not to exceed one-third of the territory of each of said counties. The proposal to create such new county shall be submitted to the voters of said counties at a general election, in such manner as shall be prescribed by law. And if a majority of all the votes given at said election shall be in favor of the organization of said new county, it shall be the duty of the general assembly to organize the same out of the territory thus designated.
Sec. 16. The general assembly may alter or amend the charter of Clarksville, and make such regulations as may be necessary for carrying into effect the objects contemplated in granting the same; and the funds belonging to said town shall be applied according to the intention of the grantor.
Done in convention, at Indianapolis, the tenth day of February, in the year of our Lord one thousand eight hundred ai.d fifty-one, and of the Independence of the United States the seventy-fifth.
GEORGE WHITFIELD CARR, President. Wm. H. ENGLISH, Secretary.
AMENDMENT TO THE CONSTITUTION OF 1851.
RATIFIED FEBRUARY 18, 1873. No law or resolution shall ever be passed by the general assembly of the State of Indiana that shall recognize any liability of this State to pay or redeem any certificate of stock issued in pursuance of an act entitled “An act to provide for the funded debt of the State of Indiana, and for the completion of the Wabash and Erie Canal to Evansville,” passed January 19, 1846, and an act supplemental to said act, passed January 29, 1847, which, by the provisions of said acts, or either of them, shall be payable exclusively from the proceeds of the canal-lands, and the tolls and revenues of the canal in said acts mentioned, and no such certificate of stocks shall ever be paid by this State.
TREATY WITH FRANCE CEDING LOUISIANA-1803.
[See “ Louisiana,” pages 687-690.]
THE DISTRICT GOVERNMENT OF LOUISIANA-1804.
[See “Louisiana,” pages 691-695.]
THE TERRITORIAL GOVERNMENT OF LOUISIANA-1805.
[See “Louisiana," pages 697-698.)
THE TERRITORIAL GOVERNMENT OF MISSOURI-1812.
[See “Missouri,” pages 1097-1101.]
THE TERRITORIAL GOVERNMENT OF MICHIGAN—1834.
[TWENTY-THIRD CONGRESS, FIRST Session. Be it enacted, &c., That all that part of the territory of the United States bounded on the east by the Mississippi River, on the south by the State of Missouri, and a line drawn due west from the northwest corner of said State to the Missouri River; on the southwest and west by the Missouri River and the White Earth River, falling into the same; and on the north by the northern boundary of the United States, shall be, and hereby is, for the purpose of temporary government, attached to, and made a part of, the Territory of Michigan, and the inhabitants therein shall be entitled to the same privileges and immunities, and be subject to the same laws, rules, and regulations, in all respects, as the other citizens of Michigan Territory.
APPROVED, June 28, 1834.
THE TERRITORIAL GOVERNMENT OF WISCONSIN–1836.
[See “Wisconsin,” pages 2021-2025.)
THE TERRITORIAL GOVERNMENT OF IOWA-1838.
[TWENTY-FIFTH CONGRESS, SECOND SESSION.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the third day of July next, all that part
* This was the first special provision made for the government of that portion of the Territory of Missouri not included within the boundaries of the State of Missouri, as defined by the act of Con. gress approved March 6, 1820.
of the present Territory of Wisconsin, which lies west of the Mississippi River, and west of a line drawn due north from the headwaters or sources of the Mississippi to the territorial line, shall, for the purposes of temporary government, be and constitute a separate territorial government by the name of Iowa, and that from and after the said third day of July next, the present territorial government of Wisconsin shall extend only to that part of the present Territory of Wisconsin which lies east of the Mississippi River. And after the said third day of July next, all power and authority of the government of Wisconsin in and over the Territory hereby constituted shall cease : Provided, That nothing in this act contained shall be construed to impair the rights of person or property now appertaining to any Indians within the said Territory, so long as such rights shall remain unextinguished by treaty between the United . States and such Indians, or to impair the obligations of any treaty now existing between the United States and such Indians, or to impair or anywise to affect the authority of the Government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty or law, or otherwise, which it would have been competent to the Government to make, if this act had never been passed: Provided, That nothing in this act contained shall be construed to inhibit the Government of the United States from dividing the Territory hereby established into one or more other Territories, in such manner and at such times as Congress shall, in its discretion, deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States.
SEC. 2. And be it further enacted, That the executive power and authority in and over the said Territory of Iowa shall be vested in a governor, who shall hold his office for three years, unless sooner removed by the President of the United States. The governor shall reside within the said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve of all laws passed by the legislative assembly before they shall take effect; he may grant pardons for offences against the laws of the said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed.
SEC. 3. And be it further enacted, That there shall be a secretary of the said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws, and one copy of the executive proceedings, on or before the first Monday in December in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives, for the use of Congress. And in case of the death, removal, resignation, or necessary absence of the governor from the Territory, the secretary shall have, and he is hereby authorized and required to execute and perform, all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.
Sec. 4. And be it further enacted, That the legislative power shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall consist of twenty-six members possessing the same qualifications as prescribed for the members of the council, and whose term of service shall continue one year. An apportionment shall be made as nearly equal as practicable, among the several counties, for the election of the council and representatives, giving to each section of the Territory representation in the ratio of its population, Indians excepted, as nearly as may be. And the said members of the council and house of representatives shall reside in and be inhabitants of the district for which they may be elected. Previous to the first election, the governor of the Territory shall cause the census or enumeration of the inhabitants of the several