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f Guada 1.851 1570, wc.19. By Exchange ( Deiflicates.


Constitutional Convention.


TO THE END, that justice be established, public order maintained,

and liberty perpetuated; WE, the People of the State of Indiana, grateful to ALMIGHTY God for the free exercise of the right to choose our own form of government, do ordain this Constitution.



Section 1. WE DECLARE, That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that all power is inherent in the People; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety, and well being. For the advancement of these ends, the People have, at all times, an indefeasible right to alter and reform their government.

Sec. 2. All men shall be secured in the natural right to worship Almighty God, according to the dictates of their own consciences.

Sec. 3. No law shall, in any case whatever, control the free ex. ercise and enjoyment of religious opinions, or interfere with the rights of conscience.

Sec. 4. No preference shall be given, by law, to any creed, religious society, or mode of worship; and no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent.

Sec. 5. No religious test shall be required, as a qualification for any office of trust or profit.

Sec. 6. No money shall be drawn from the treasury, for the benefit of any religious or theological institution.


Sec. 7. No person shall be rendered incompetent as a witness, in consequence of his opinions on matters of religion.

Sec. 8. The mode of administering an oath or affirmation, shall be such as may be most consistent with, and binding upon, the conscience of the person, to whom such oath or affirmation may be administered.

Sec. 9. No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever ; but for the abuse of that right, every person shall be responsible.

Sec. 1:0. In all prosecutions for libel, the truth of the matters alleged to be libellous may be given in justification.

Sec. 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, 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 thing to be seized.

Sec. 12. All courts shall be open; and every man, for injury done to him in his person, property, or reputation, shall have remedy by due course of law. Justice shall be administered freely, and without purchase; completely, and without denial; speedily, and without delay.

Sec. 13. In all criminal prosecutions, the accused shall have the right to a public trial, by an impartial jury, in the county in . which the offense shall have been committed ; 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, and to have compulsory process for obtaining witnesses in his favor.

Sec. 14. No person shall be put in jeopardy twice for the same offense. No person, in any criminal prosecution, shall be compelled to testify against himself.

Sec. 15. No person arrested, or confined in jail, shall be treated with unnecessary rigor. - Sec. 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offense.

Sec. 17. Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.

Sec. 18. The penal code shall be founded on the principles of reformation, and not of vindictive justice.

Sec. 19. In all criminal cases whatever, the jury, shall have the right to determine the law and the facts.

Sec. 20. In all civil cases, the right of trial by jury shall remain inviolate.

Sec. 21. No man's particular services shall be demanded without just compensation. No man's property shall be taken by law, without just compensation; nor, except in case of the State, without such compensation first assessed and tendered.

Sec. 22. The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted; and there shall be no imprisonment for debt, except in case of fraud.

Sec. 23. The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.

Sec. 24. No ex post facto law, or law impairing the obligation of contracts, shall ever be passed.

Sec. 25. No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.

Sec. 26. The operation of the laws shall never be suspended, except by the authority of the General Assembly.

Sec. 27. The privilege of the writ of habeas corpus shall not be suspended, except in case of rebellion or invasion; and then, only if the public safety demand it.

Sec. 28. Treason against the State shall consist only in levying war against it, and in giving aid and comfort to its enemies.

Sec. 29. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or upon his confession in open court.

Sec. 30. No conviction shall work corruption of blood, is forfeiture of estate.

Sec. 31. No law shall restrain any of the inhabitants of the State from assembling together in a peaceable manner, to consult for their common good; nor from instructing their representatives; nor from applying to the General Assembly for redress of grievances.

Sec. 32. The people shall have a right to bear arms, for the defense of themselves and the State.

Sec. 33. The military shall be kept in strict subordination to the civil power.

Sec. 34. 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. 35. The General Assembly shall not grant any title of nobility, nor confer hereditary distinctions.

Sec. 36. Emigration from the State shall not be prohibited.

Sec. 37. There shall be neither slavery, nor involuntary servi. tude, within the State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted. No indenture of any Negro or Mulatto, made and executed out of the bounds of the State, shall be valid within the State.


SUFFRAGE AND ELECTION. SECTION 1. All elections shall be free and equal.

Sec. 2. 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 shall have resided in the State during the six months immediately preceding such election; and every white male, of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside.

Sec. 3. No soldier, seaman, or marine, in the army or navy of the United States, or of their allies, shall be deemed to have acquired a residence in the State, in consequence of having been stationed within the same; nor shall any such soldier, seaman, or marine have the right to vote.

Sec. 4. No person shall be deemed to have lost his residence in the State by reason of his absence, either on business of this State or of the United States.

Sec. 5. No Negro or Mulatto shall have the right of suffrage.

Sec. 6. Every person shall be disqualified from holding office during the term for which he may have been elected, who shall have given or offered a bribe, threat, or reward, to procure his election.

Sec. 7. Every person who shall give or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any office of trust or profit.

Sec. 8. The General Assembly shall have power to deprive of the right of suffrage, and to render ineligible, any person convicted of an infamous crime.

Sec. 9. No person holding a lucrative office or appointment, under the United States, or under this State, shall be eligible to a seat in the General Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressly permitted: Provided, that offices in the militia, to which there is attached no annual salary, and the office of Deputy Postmaster, where the compensation does not exceed ninety dollars per annum, shall not be deemed lucrative: And provided, also, that counties containing less than one thousand polls, may confer the office of Clerk, Recorder, and Auditor, or any two of said offices, upon the same person.

Sec. 10. No person who may hereafter be a collector or holder of public moneys, shall be eligible to any office of trust or profit, until he shall have accounted for, and paid over, according to law, all sums for which he may be liable.

Sec. 11. In all cases in which it is provided, that an office shall not be filled by the same person more than a certain number of years continuously, an appointment pro tempore shall not be reckoned a part of that term.

Sec. 12. In all cases, except treason, felony, and breach of the peace, electors shall be free from arrest, in going to elections, during their attendance there, and in returning from the same.

Sec. 13. All elections by the people shall be by ballot; and all elections by the General Assembly, or by either branch thereof, shall be viva voce.

Sec. 14. All general elections shall be held on the second Tuesday in October.


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SECTION 1. The powers of the Government are divided into three separate departments; the Legislative, the Executive, including the Administrative, and the Judicial; and no person, charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided.


LEGISLATIVE. Section 1. The Legislative authority of the State shall be vested in a General Assembly, which shall consist of a Senate and a

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