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the D.itd Srates, or of this State, militia officers excepted, shall be eligible to a seat in ei her 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, du ing 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 General Assembly from accepting any office that is created by this Constitution, or the Constitution of the Cuited States, and the salaries of which are established.
Sec. XXI No modry shall be drawn from the treasury, but in consequence of appropriations made ly law.
Sec. XXII. An accurate statement of the receipts and expenditures of the sublic money shail be attached to, and published with, the laws, at every annual session of the General Assembly.
Sec. XXIII. The House of Representatives shall have the sole power of impcaching; but a majority of all the members elected must concur in such impeach
All impeachments shall be tried by the Senate; and when sitting for that p irpose, the Senator: 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.
Sxc. XXIV. The Governor, and all civil officers of the State, shnll be removed from office, on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors; but judgment in such cases sha:) not extend furı her than removal from office. and disqualification to hold any office of honor, profit, or trust, under this State. The party, whether convicted or arquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment according to law.
Sec. XXV. 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.
Src. XXVI. 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 trcasury, all sums for which he may be accountable.
SECTION I. 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. II. 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. 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 the 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 Gover.cor by the joint vite of the members of both Houses. Contested elections shall be deter:nined 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. III. 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 his 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. IV. He shall be at least thirty years of age, and shall have been a citizen of the United States ten years, and have resided in the State five years next preceding his elesion, unless he shall have been absent on the business of the State, or of the United States; provided, that this shall not disqunlify any person from the officr of Guverior, who shall be a citizen of the United States, and shall have resided ia t'ie ludiana territory two years next preceding the adoption of this constitution.
Sec. V. No member of Congress, or person holding any office under the United States, or this State, shull exercise the office of Governor or Lieutenant Governor.
Sec. VI. 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. VII. He shall be Commander-in-Chief of the army and navy of this Stute, and of the militia thereof, except when ihey 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 dlo by a resolution of the General Assembly.
Sec. VIII. 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 Constitutio ;; and all offices which may be created by the General Assembly, shall be filled in such manner as may be directed by law.
Sec. IX. 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. X. He shall have power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeachments.
Sec. XI. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective of fices.
Sec. XII. He shall, from time to time, give to the General Assembly, information of the affairs of the State, and recommend to their consideration such mcasures as he shall deem expedient.
Sec. XIII. 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 a disagreement between the two Houses, with respect to the timo of adjournment, adjourn them to such time as he shall think proper, not beyond the time of their next annual session.
Sec. XIV. He shall take care that the laws be faithfully executed.
Sec. XV. A Lieutenant Governor shall be chosen at every election for a Gov. ernor, 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 Gov.
Sec. XVI. 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. XVII. 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 exercise all the powers and authority appertaining to the office of Governor, until another be duly qualified, or the Governor absent or impeached, shall return, or be acquitted.
Sec. XVIII. Whenever the government shall be administered by the Lieutenant Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of their own members as President for that occasion. And if, during the vacancy of the office of Governor, the Lieutenant Governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the President of the Senate pro tem. shall, in like manner, administer the government, until he shall be superseded by a Governor, or Lieutenant Governor. The Lieutenant Governor, while he acts as President of the Senate, shall receive for his ger. vices the same compensation which shall, for the same period, be allowed to the Speaker of the House of Representatives, and no more: and during the time he administers the government, as Governor, shall receive the same compensation which the Governor would have received and been entitled to, had he been employed in the duties of his office, and no more.
Sec. XIX. The President pro tempore of the Senate, during the time he admin isters the government, shall receive, in like manner, the same compensation which the Governor would have received, had he been employed in the duties of his office, and no more.
Sec. XX. If the Lieutenant Governor shall be called upon to administer the government, and shall, while in such administration, resign, die, or be absent from the State, during the recess of the General Assembly, it shall be the duty of the Secretary of State, for the time being, to convene the Senate for the purpose of choosing a President pro tempore.
Sec. XXI. A Secretary of State shall be chosen by the joint ballot of both Houses of the General Assembly, and be commissioned by the Governor for four years, or until a new Secretary be chosen and qualified. He shall keep a fair register, and attest all the official acts and proceedings of the Governor, and shall, when required,
lay the same, and all papers, minutes and vouchers relative thereto, before either House of the General Assembly; and shall perform such other duties as may be enjoined him by law.
Sec. XXII. Every bill which shall have passed both Houses of the General Assembly, shall be presented to the Governor: if he approve, he shall sign it; but if not, he shall return it with his objections, to the House in which it shall have originated, who shall enter the objections at large upon their journals, and proceed to reconsider it. 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 objections, to the other House, by which it shall likewise be reconsidered, and if approved by a majority of all the members elected to that House, it shall be a law; but, in such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the journals of each House respectively. If any bill shall not be returned by the Governor within five days. (Sundays excepted,) after t shall have been presented to him, it shall be a law, in like manner as if he had signed it, unless the general adjournment prevents its return; in which case it shall be a law, unless sent back within three days after their next meeting.
Sec. XXIII. Every resolution to which the concurrence of both Houses may be necessary, shall be presented to the Governor, and, before it shall take effect, be approved by him; or, being disapproved, shall be re-passed by a majority of all the members elected to both Houses, according to the rules and limitations prescribed in case of a bill.
Sec. XXIV. There shall be elected, by joint ballot of both Houses of the General Assembly, a Treasurer and Auditor, whose powers and duties shall be prescribed by law, and who shall hold their offices for three years, and until their successors be appointed and qualified.
Sec. XXV. There shall be elected in each county, by the qualified electors thereof, one Sheriff and one Coroner, at the times and places of holding elections for members of the General Assembly. They shall continue in office two years, and until successors shall be chosen and duly qualified: provided, that no person shall be eligible to the office of Sheriff more than four years, in any term of six years.
Sec. XXVI. There shall be a seal of this State, which shall be kept by the Gove ernor, and used by him officially, and shall be called “ The Seal of the State of Indiana."
Section I. The Judiciary power of this State, both as to matters of law and equity, shall be vested in one Supreme Court, in Circuit Courts, and in such other interior courts as the General Assembly may, from time to time, direct and establish.
Sec. II. The Supreme Court shall consist of three Judges, any two of whom shall form a quorum, and shall have appellate jurisdiction only, which shall be co
extensive with the limits of the State, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law: provided, nothing in this article shall be so construed as to prevent the General Assembly from giving the Supreme Court original jurisdiction in capital cases, and cases in chancery where the President of the Circuit Court may be interested or prejudiced.
Sec. III. The Circuit Courts shall each consist of a President and two Associate Judges. The State shall be divided by law into three circuits, for each of which a President shall be appointed, who, during his continuance in office, shall reside therein. The President and Associate Judges, in their respective counties, shall have common law and chancery jurisdiction, as also complete criminal jurisdiction, in all such cases, and in such manner as may be prescribed by law. The President alone, in the absence of the Associate Judges, or the President and one of the As sociate Judges, in the absence of the other, shall be competent to hold a court, as also the two Associate Judges, in the absence of the President, shall be competent to hold a court, except in capital cases, and cases in chancery: provided, that nothing herein contained shall prevent the general Assembly from increasing the number of circuits and Presidents, as the exigencies of the State may, from time to time, require.
Sec. IV. The Judges of the Supreme Court, the Circuit and otherinferior courts, shall hold their offices during the term of seven years, if they shall so long behave well; and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance in office.
Sec. V. The Judges of the Supreme Court shall, by virtue of their offices, be conservators of the peace throughout the State, as also the Presidents of the Cir. cuit Courts in their respective circuits, and the Associate Judges in their respective counties.
Sec. VI. The Supreme Court shall hold its sessions at the seat of government, at such times as shall be prescribed by law; and the Circuit Courts shall be held in the respective counties as may be directed by law.
Sec. VII. The Judges of the Supreme Court shall be appointed by the Gorernor, by and with the advice and consent of the Senate. The Presidents of the Circuit Courts shall be appointed by joint ballot of both branches of the General Assembly; and the Associate Judges of the Circuit Courts, shall be elected by the qualified electors in the respective counties.
Sec. VIII. The Supreme Court shall appoint its own Clerk, and the Clerks of the Circuit Court, in the several counties, shall be elected by the qualified electors in the several counties; but no person shall be eligible to the office of Clerk of the Circuit Court in any county, unless he shall first have obtained, from one or more of the Judges of the Supreme Court, or from one or more of the Presidents of the Circuit Courts, a certificate that he is qualified to execute the duties of the office of Clerk of the Circuit Court : provided, that nothing herein contained shall prevent the Circuit Courts, in each county, from appointing a Clerk pro tem., until a quali