STATE OF INDIANA.

411

CONSTITUTION

OF

THE STATE OF INDIANA.

WE, THE REPRESENTATIVES of the people of the territory of Indiana, in Convention met at Corydon, on Monday, the tenth day of June, in the year of our Lord one thousand eighteen 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 or dinance of Congress of one thousand seven hundred and eighty-seven, and the law of Congress entitled "An act to enable the people of 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 I. 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. II. 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 think proper.

Sec. III. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. 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. IV. That elections shall be free and equal.

SEC. V. 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 punished by fine only, not excceding three dollars, in such manner as the Legislature may prescribe by law, the right of trial by jury shall remain inviolate.

SEC. VI. That no power of suspending the operation of the laws shall be exercised, except by the Legislature, or its authority.

SEC. VII. 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. VIII. 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 persons or things to be seized.

SEC. IX. 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. X. 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. XI. That 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. XII. 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. XIII. 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 indict ment 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 of

fence.

SEC. XIV. That all persons shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great; and the priv ilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety may require it.

SEC. XV. Excessive bail shall not be required, excessive fines shall not be imposed, nor cruel and unusual punishments inflicted.

SEC. XVI. All penalties shall be proportioned to the nature of the offence.

SEC. XVII. 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. XVIII. 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. XIX. 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 redress of grievances.

SEC. XX. 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. XXI. 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. XXII. 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. XXIII. That emigration from the State shall not be prohibited.

SEC. XXIV. To guard against any encroachments on the rights herein retained, we declare, that every thing 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 these 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. II. 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 enumeration, 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 cach, 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. III. The representatives shall be chosen annually by the qualified electors of each county respectively, on the first Monday of August.

SEC. IV. 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; and 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 V. 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. VI. 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. VII. 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 the 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 coun ty 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. VIII. 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 mem bers, 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. IX. 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.

SEC. X. 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. XI. 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. XII. 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. XIII. 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 and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. SEC. XIV. Each House may punish by imprisonment, during their session, any person not a member, who shall be guilty of any disrespect to the House, by any dis orderly or contemptuous behavior in their presence; provided such imprisonment shall not at any one time exceed twenty-four hours.

SEC. XV. 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 XVI. Bills may originate in either House, but may be altered, amended or rejected by the other.

SEC. XVII. 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. XVIII. The style of the laws of this State shall be "Be it enacted, by the General Assembly of the State of Indiana."

SEC. XIX. All bills for raising revenue shall originate in the House of Representatives, but the Senate may amend or reject, as in other bills.

SEC. XX. No person, holding any office under the authority of the President of