Page images
PDF
EPUB

fied Clerk may be duly elected: and provided, also, that the said Clerks respectively, when qualified and elected, shall hold their offices seven years, and no longer, unless re-appointed.

Sec. IX. All Clerks shall be removable by impeachment, as in other cases.

Sec. X. When any vacancies happen in any of the courts, occasioned by the death, resignation, or removal from office of any Judge of the Supreme or Circuit Courts, or any of the Clerks of the said courts, a successor shall be appointed in the same manner as herein before prescribed, whɔ shall hold his office for the period which his predecessor had to serve, and no longer, unless re-appointed.

Sec. XI. The style of the process shall be “ The State of Indiana." All prosecutions shall be carried on in the name and by the authority of the State of Indiana; and all indictments shall conclude “ against the peace and dignity of the same."

Sec. XII. A competent number of Justices of the Peace shall be elected by the qualified electors in each township in the several counties, and shall continue in office five years, if they shall so long behave well; whose powers and duties shall from time to time be regulated and defined by law.

ARTICLE VI.

Section I. 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 has resided in the State one year immediately preceding such election, shall be entitled to vote in the county where he resides, except such as shall be enlisted in the armies of the United States or their allies.

Sec. II. All elections shall be by ballot: provided that the General Assembly may, (if they deem it more expedient) at their session in eighteen hundred and twenty-one, change the mode, so as to vote viva voce; after which time it shall remain unalterable.

Szc. III. Electors shall, in all cases, exeept treason, felony, or breach of the peace, be free from arrest in going to, during their attendance at, and in returning home from elections.

Sec. IV. The General Assembly shall have full power to exclude from electing, or being elected, any person convicted of any infamous crime.

Sec. V. Nothing in this article shall be so construed as to prevent citizens of the United States, who were actual residents at the time of adopting this Constitution, and who, by the existing laws of this territory, are entitled to vote, or persons who have beon absent from home on a visit, or necessary business, from the privilege of electors.

ARTICLE VII.

SECTION I. The militia of the State of Indiana shall consist of all free, able bodied male persons; negroes, mulattoes, and Indians excepted, resident in the

said State, between the ages of eighteen and forty-five years; except such persons as now are, or hereafter may be, exempted by the laws of the United States, or of this State and shall be armed, equipped, and trained, as the General Assembly may provide by law.

Sec. II. No person or persons conscientiously scrupulous of bearing nrms, shall be compelled to do militin duty: provided, such person or persons shall pay an equivalent for such exemption; which equivalent shall be collected annually by a civil officer, and be hereafter fixed by law, and shall be equal, as near as may be, to the lowest finez 13sossed on those privates in the militia, who may neglect or refuse to perform militia duty.

Sec. III. Ciptijas and subalterns shall be elected by those persons in their respective company districts, who are subject to perform militia duty; and the captain of each company shall appoint the no.r.com nisgioaed officers to said coin pany.

Sez. IV. Mujorshall be elected by those persons, within the bounds of their respective battalion districts, subject to perform militia duty; and colonels shall be elected by those persons, within the bounds of their respective regimental districts, subject to perform militia duty.

Sec. V. Brigadier generals shall be elected by the commissioned officers within the bounds of their respective brigades; and major generals shall be elected by the commissioned officers within the bounds of their respective divisions.

Sec. VI. Troops and squadrons of cavalry, and companies of artillery, riflemen, grenadiers, or light infantry, may be formed in the said State, in such manner as shall be prescribed by law : provided, however, that every troop or squadron of cav. alry, company of artillery, riflemen, grenadiers, or light infantry, which may hereaf ter be formed within the said State, shall elect their own officers.

Sec. VII. The Guvernor shall appoint the adjutant general and quarter-master generals, as also his aids-de-camp.

Sec. VIII. Major generals shall appoint their aids-de-camp, and all other division staff officers : brigadier generals shall appoint their brigade majors, and all other brigude staff officers; and colonels shall appoint their regimental staff officers.

Sec. IX. All militia officers shall be commissioned by the Governor, and shall hold their commissions during good behavior, or until they shall arrive at the age of sixty years.

Sec. X. The General Assembly shall, by law, fix the method of dividing the militia of the said State into divisions, brigades, regiments, battalions, and com. panies, and shall also fix the rank of all staff officers.

ARTICLE VIII.

Section I. Every twe!fth year after this Constitution shall have taken effect, at the general election held for Governor, there shall be a poll opened, in which the qualified electors of the State, shall express, by vote, whether they are in favor of

calling a Convention or not; and if there should be a majority of all the votes given at such election, in favor of a Convention, the Governor shall inform the next Ge: eral Assembly thereof, whose duty it shall be, to provide by law for the election of the members to the convention, the number thereof, and the time and place of their meeting; which law shall not be passed, unless agreed to by a majority of all the members elected to both branches of the General Assembly; and which Conven. tion, when met, shall have it in their power to revise, amend, or change the Constitution. But as the holding any part of the human creation in slavery, or involuntary servitude, can only originate in usurpation and tyranny, no alteration of this Constitution shall ever take place so as to introduce slavery or involuntary servitude in this State; otherwise than for the punishment of crimes whereof the party shall have been duly convicted.

ARTICLE IX.

Sectios I. Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government, and spreading the oppor. tunities and advantages of education through the various parts of the country being highly conducive to this end, it shall be the duty of the General Assembly, to provide by law for the improvement of such lands as are, or hereafter may be, granted by the United States to this State, for the use of schools, and to apply any funds which may be raised from such lands, or from any other quarter, to the accomplishment of the grand object for which they are or may be intended: but no lands granted for the use of schools and seminaries of learning shall be sold, by the authority of this State, prior to the year eighteen hundred and ewenty; and the moneys which may be raised out of the sale of any such lands, or otherwise obtained for the purposes aforesaid sball be and remain a fund for the exclusive purpose of promoting the interest of literature and the sciences, and for the support of seminaries and public schools. The General Assembly shall, from time to time, pass such laws as shall be calculated to encourage intellectual, scientifical, and agricultural improvements, by allowing rewards and immunities for the promotion and improvement of arts, sciences, com. merce, manufactures, and natural history; and to countenance and encourage the principles of humanity, honesty, industry and morality.

Sec. II. It shall be the duty of the General Assembly, as soon as circumstances will permit, to provide by law for a general system of education, ascending in a regular gradation from township schools to a State University, wherein tuition shall be gratis, and equally open to all.

Sec. III. And for the promotion of such salutary end, the money which shall be paid as an equivalent by persons exempt from militia duty, except in times of war, shall be exclusively, and in equal proportion, applied to the support of county seminaries; also, all fines assessed for any breach of the penal laws, shall be applied to said seminaries, in the counties wherein they shall be assessed.

Sec. IV. It shall be the duty of the General Assembly, as soon as circumstances

will permit, to form a penal code, founded on the principles of reformation, and not of vindictive justice: and, also, to provide one or more farms, to be an asylum for those persons who, by reason of age, infirmity, or other misfortunes, may have a claim upon the aid and beneficence of society, on such principles that such persons may therein tind employment and every reasonable comfort, and lose, by their usefulness, the degrading sense of dependence.

Sec. V. The General Assembly, at the time they lay off a new county, shall cause at least ten per cent. to be reserved out of the proceeds of the sale of town lots, in the seat of justice of such county, for the use of a public library for such county; and, at the same session, they shall incorporate a library company, under such rules and regulations as will best secure its permanence, and extend its benefits.

ARTICLE X.

Section I. There shall not be established or incorporated, in this State, any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or bearer: provided, that nothing herein contained shall be so construed as to prevent the General Assembly from establishing a State bank and branches, not exceeding one branch for any three counties, and be established at such place within such counties, as the directors of the State bank may select: provided, there be subscribed and paid, in specie, on the part of individuals, a sum equal to thirty thousand dollars: provided, also, that the bank at Vincennes, and the farmers and mechanics bank of Indiana, at Madison, shall be considered as incorporated banks, according to the true tenor of the charters granted to said banks, by the Legislature of the Indiana territory: provided, that nothing herein contained shall be so construed as to prevent the General Assembly from adopting either of the aforesaid banks as the State bank; and in case either of them shall be adopted as the State bank, the other may become a branch, under the rules and regulations hereinbefore prescribed.

ARTICLE XI. Section 1. Every person who shall be chosen or appointed to any office of trust or profit, under the authority of this State. shall, before entering on the duties of said office, take an oath or affirmation, before any person lawfully authorized to administer oaths, to support the Constitution of the United States, and the Constitution of this State, and also an oath of office.

Sec. II. Treason against this State shall consist only in levying war against it, in adhering to its enemies, or giving them aid and comfort.

Sec. III. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court.

Sec. IV. The manner of administering ai oath or affinition shall be such as is most consistent with the conscience of the deponeat, and shall be esteemed the most solemn appeal to Gud.

Sec. V. Every person shall be disqualified from serving as Governor, Lieutenant Governor, Senator, or Representative, for the term for which he shall bave beon elected, who shall have been convicted of having given or offered any bribe, treat, or reward, to procure his election.

Sec. VI. All officers shall reside within the State ; and all district, county, or town officers, within their respective districts, counties, or towns, (the trustees of the town of Clarksville excepted,) and shall keep their respective offices at such places therein as may be directed by law; and all militia officers shall reside within the bounds of the division, brigade, regiment, battalion, or company, to which they may severally belong.

Sec. VIL. There shall be neither slavery nor involuntary servitude in this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted. Nor shall any indenture of any negro or mulatto hereafter made and executed out of the bounds of this State, be of any validity within the State.

Sec. VIII. No act of the General Assembly shall be in force, until it shall have been published in print, unless in cases of emergency.

Sec. IX. All commissions shall be in the name, and by the authority, of the State of Indiana, and sealed with the Stale seal, and signed by the Governor, and attested by the Secretary of State.

8ec. X. There shall be elected in each county, a Recorder, who shall hold his office during the term of seven years, if he shall so long behave well : provided, that nothing herein contained shall prevent the Clerks of the Circuit Courts from hold. ing the office of Recorder.

Sec. XI. Corydon, in Harrison county, shall be the seat of government of the State of Indiana, until the year eighteen hundred and twenty-five, and until removed by law.

Sec. XII. The General Assembly, when they lay off any new county, shall not reduce the old county or counties, from which the same shall be taken, to a less content than four hundred square miles.

Sec. XIII. No person shall hold more than one lucrative office at the same time, except as in this Constitution is expressly permitted.

Sec. XIV. No person shall be appointed as a county officer, within any county, who shall not have been a citizen and an inhabitant therein, one year next preceding his appointment, if the county shall have been so long erected; but if the county shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken.

Sec. XV. All town and township officers shall be appointed in such manner as shall be directed by law.

Sec. XVI. The following officers of government shall not be allowed greater annual salaries, until the year eighteen hundred and nineteen, than as follows: The Governor, one thousand dollars; the Secretary of State, four hundred dollars; the Auditor of public accounts, four hundred dollars; the Treasurer, four hundred dol

19*

« ՆախորդըՇարունակել »