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Constitution of 1851
 as originally written

The text is taken from Constitution Making in Indiana, Vol. I, which is a source book of constitutional documents with historical introduction and critical notes, by Charles Kettleborough, Ph. D., published in 1916 and reprinted by the Indiana Historical Bureau in Indianapolis in 1971.

 
Constitution of 1851 - 
Preamble

TO THE END, that justice be established, public order maintained, and liberty perpetuated; WE, THE PEOPLE of the STATE IF INDIANA, grateful to ALMIGHTY GOD for the free exercise of the right to choose our own form of government, do ordain this CONSTITUTION.

Article 1 - Bill of Rights 

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.

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

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

Section 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.

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

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

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

Section 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.

Section 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.

Section 10. In all prosecutions for libel, the truth of the matters alleged to be libelous may be given in justification.

Section 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.

Section 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.

Section 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.

Section 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.

Section 15. No person arrested, or confined in jail, shall be treated with unnecessary rigor.

Section 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.

Section 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.

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

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

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

Section 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.

Section 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.

Section 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.

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

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

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

Section 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.

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

Section 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.

Section 30. No conviction shall work corruption of blood, or forfeiture of estate.

Section 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.

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

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

Section 34. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in the time of war but in a manner to be prescribed by law.

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

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

Section 37. There shall be neither slavery, nor involuntary servitude, 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.

Article 2 - Suffrage and Election 

Section 1. All elections shall be free and equal. 

Section 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 the 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.

Section 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.

Section 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.

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

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section12. 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.

Section 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.

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

Article 3 - Distribution of Powers 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.

Article 4 - Legislative 

Section 1. The Legislative authority of the State shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives. The style of every law shall be: "Be it enacted by the General Assembly of the State of Indiana;" and no law shall be enacted, except by bill.

Section 2. The Senate shall not exceed fifty, not the House of Representatives one hundred members; and they shall be chosen by the electors of the respective counties or districts, into which the State may, from time to time, be divided.

Section 3. Senators shall be elected for the term of four years and Representatives for the term of two years, from the day next after their general election: Provided, however, that the Senators elect, at the second meeting of the General Assembly under this Constitution, shall be divided by lot, into two equal classes, as nearly as may be; and the seats of Senators of the first class shall be vacated at the expiration of two years, and those of the second class, at the expiration of four years; so that one half as nearly as possible, shall be chosen biennially forever thereafter. And in case of increase in the number of Senators, they shall be so annexed, by lot, to one or the other of the two classes, as to keep them as nearly equal as practicable.

Section 4. General Assembly shall, at its second session after the adoption of this Constitution, and every sixth year thereafter, cause an enumeration to be made of all the white male inhabitants over the age of twenty-one years.

Section 5. The number of Senators and Representatives shall, at the session next following each period of making such enumeration, be fixed by law, and apportioned among the several counties, according to the number of white male inhabitants, above twenty-one years of age in each: Provided, that the first and second elections of members of the General Assembly, under this Constitution, shall be according to the apportionment last made by the General Assembly, before the adoption of this Constitution.

Section 6. A Senatorial or Representative district, where more than one county shall constitute a district, shall be composed of contiguous counties; and no county for Senatorial apportionment, shall ever be divided.

Section 7. No person shall be a Senator or a Representative, who, at the time of his election, is not a citizen of the United States; nor any one who has not been, for two years next preceding his election, an inhabitant of this State, and, for one year next preceding his election, an inhabitant of the county or district whence he may be chosen. Senators shall be at least twenty-five, and Representatives at least twenty-one years of age.

Section 8. Senators and Representatives, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest, during the session of the General Assembly, and in going to and returning from the same; and shall not be subject to any civil process, during the session of the General Assembly, nor during the fifteen days next before the commencement thereof. For any speech or debate in either House, a member shall not be questioned in any other place.

Section 9. The sessions of the General Assembly shall be held biennially at the capital of the State, commencing on the Thursday next after the first Monday of January, in the year one thousand eight hundred and fifty-three, and on the same day of every second year thereafter, unless a different day or place shall have been appointed by law. But if, in the opinion of the Governor, the public welfare shall require it, he may at any time by proclamation, call a special session.

Section 10. Each House, when assembled, shall choose its own officers, the President of the Senate excepted; judge the elections, qualifications and returns of its own members; determine its rules of proceeding, and sit upon its own adjournment. But neither House shall, without the consent of the other, adjourn for more than three days nor to any place other than that in which it may sitting.

Section 11. Two-thirds of each House shall constitute a quorum to do business; but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either House fail to effect an organization within the first five days thereafter, the members of the House so failing, shall be entitled to no compensation, from the end of the said five days until an organization shall have been effected.

Section 12. Each House shall keep a journal of its proceedings, and publish the same. The yeas and nays on any question, shall, at the request of any two members, be entered together with the names of the members demanding the same, on the journal; Provided, that on motion to adjourn, it shall require one-tenth of the members present to order the yeas and nays.

Section 13. The doors of each House, and of Committees of the Whole, shall be kept open, except in such cases, as, in the opinion of either House, may require secrecy.

Section 14. Either House may punish its members for disorderly behaviour, and may, with the concurrence of two-thirds, expel a member; but not a second time for the same cause.

Section 15. Either House during its session, may punish, by imprisonment, any person not a member, who shall have been guilty of disrespect to the House, by disorderly or contemptuous behaviour in its presence; but such imprisonment shall not at any one time exceed twenty-four hours.

Section 16. Each House shall have all powers, necessary for a branch of the Legislative department of a free and independent State.

Section 17. Bills may originate in either House, but may be amended or rejected in the other; except that bills for raising revenue shall originate in the House of Representatives.

Section 18. Every bill shall be read, by sections, on three several days, in each House; unless in case of an emergency, two-thirds of the House where such bill may be depending, shall, by a vote of yeas and nays, deem it expedient to dispense with this rule; but the reading of a bill by sections, on it final passage, shall, in no case, be dispensed with; and the vote on the passage of every bill or joint resolution shall be taken by yeas and nays.

Section 19. Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.

Section 20. Every act and joint resolution shall be plainly worded, avoiding as far as practicable, the use of technical terms.

Section 21. No act shall ever be revised or amended by mere reference to its title; but the act revised, or section amended, shall be set forth and published at full length.

Section 22. The General Assembly shall not pass local or special law, in any of the following enumerated cases, that is to say:

Regulating the jurisdiction and duties of Justices of the Peace and of Constables;

For the punishment of crimes and misdemeanors;

Regulating the practice in courts of justice;

Providing for changing the venue in civil and criminal cases;

Granting divorces;

Changing the names of persons;

For laying out, opening and working on highways, and for the election or appointment of supervisors;

Vacating roads, town plats, streets, alleys and public squares;

Summoning and empanneling grand and petit juries, and providing for their compensation;

Regulating county and township business;

Regulating the election of county and township officers and their compensation;

For the assessment and collection of taxes for State, county, township or road purposes;

Providing for supporting common schools, and for the preservation of school funds;

In relation to fees or salaries;

In relation to interest on money;

Providing for opening and conducting elections of State, county, or township officers, and designating the places of voting;

Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities, by executors, administrators, guardians, or trustees.

Section 23. In all the cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State.

Section 24. Provision may be made, by general law, for bringing suit against the State, as to all liabilities originating after the adoption of the Constitution; but no special act authorizing such suit to be brought, or making compensation to any person claiming damages against the State shall ever be passed.

Section 25. A majority of all the members elected to each House, shall be necessary to pass every bill or joint resolution; and all bills and joint resolutions so passed, shall be signed by the Presiding Officers of the respective Houses.

Section 26. Any member of either House shall have the right to protest, and to have his protest with his reasons for dissent, entered on the journal.

Section 27. Every statute shall be a public law, unless otherwise declared in the statute itself.

Section 28. No act shall take effect, until the same shall have been published and circulated in the several counties of the State by authority, except in case of emergency; which emergency shall be declared in the preamble or in the body of the law.

Section 29. The members of the General Assembly shall receive for their services, a compensation to be fixed by law; but no increase of compensation shall take effect during the session at which such increase may be made. No session of the General Assembly, except the first under this Constitution, shall extend beyond the term of sixty-one days, nor any special session beyond the term of forty days.

Section 30. No Senator or Representative shall, during the term for which he may have been elected, be eligible to any office, the election to which is vested in the General Assembly; nor shall he be appointed to any civil office of profit, which shall have been created or the emoluments of which shall have been increased, during such term; but this latter provision shall not be construed to apply to any office elective by the People.

Article 5 - Executive 

Section 1. The executive power of the State shall be vested in a Governor. He shall hold his office during four years, and shall not be eligible more that four years, in any period of eight years.

Section 2. There shall be a Lieutanant Governor, who shall hold his office during four years.

Section 3. The Governor and Lieutenant Governor shall be elected at the times and places of choosing members of the General Assembly.

Section 4. In voting for Governor and Lieutenant Governor, the electors shall designate, for whom they vote as Governor, and for whom as Lieutenant Governor. The returns of every election for Governor and Lieutenant 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.

Section 5. The persons, respectively, having the highest number of votes for Governor and Lieutenant Governor, shall be elected; but in case two or more persons shall have an equal and the highest number of votes for either office, the General Assembly shall, by joint vote, forthwith proceed to elect one of the said persons Governor or Lieutenant Governor, as the case may be.

Section 6. Contested elections for Governor or Lieutenant Governor, shall be determined by the General Assembly, in such manner as may be prescribed by law.

Section 7. No person shall be eligible to office of Governor or Lieutenant Governor, who shall not have been five years a citizen of the United States, and also a resident of the State of Indiana during the five years next preceding his election; nor shall any person be eligible to either of the said offices, who shall not have attained the age of thirty years.

Section 8. No member of Congress, or person holding any office under the United States or under this State, shall fill the office of Governor or Lieutenant Governor.

Section 9. The official term of the Governor and Lieutenant Governor shall commence on the second Monday of January, in the year one thousand eight hundred and fifty-three; and on the same day every fourth year thereafter.

Section 10. In case of the removal of the Governor from office, or of his death, resignation, or inability to discharge the duties of the office, the same shall devolve on the Lieutenant Governor; and the General Assembly shall, by law, provide for the case of removal from office, death, resignation, or inability, both of the Governor and Lieutenant Governor, declaring what officer shall then act as Governor; and such officer shall act accordingly, until the disability be removed or a Governor be elected.

Section 11. Whenever the Lieutenant Governor shall act as Governor, or shall be unable to attend as President of the Senate, the Senate shall elect one of its own members as President for the occasion.

Section 12. The Governor shall be commander-in-chief of the military and naval forces, and may call out such forces, to execute the laws, or to suppress insurrection or to repel invasion.

Section 13. He shall from time to time, give to the General Assembly information touching the condition of the State, and recommend such measures as he shall judge to be expedient.

Section 14. Every bill which shall have passed 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; which House shall enter the objections, at large, upon its journals, and proceed to reconsider the bill. 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 Governor's 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. If any bill shall not be returned by the Governor within three days, Sundays excepted, after it shall have been presented to him, it shall be a law, without his signature, unless the general adjournment shall prevent its return; in which case it shall be a law, unless the Governor, within five days next after such adjournment, shall file such bill, with his objections thereto, in the office of Secretary of State; who shall lay the same before the General Assembly at its next session, in like manner as if it had been returned by the Governor. But no bill shall be presented to the governor, within two days next previous to the final adjournment of the General Assembly.

Section 15. The Governor shall transact all necessary business with the officers of government, and may require information in writing from the officers of the administrative department, upon any subject relation to the duties of their respective offices.

Section 16. He shall take care that the laws be faithfully executed.

Section 17. He shall have the power to grant reprieves, commutations, and pardons, after conviction, for all offences except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the General Assembly, at its next meeting; when the General Assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law; and shall report to the General Assembly, at its next meeting, each case of reprieve, commutation, or pardon granted, and also the names of all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted: Provided, however, that the General Assembly may, by law, constitute a council, to be composed of officers of State, without whose advice and consent the Governor shall not have power to grant pardons, in any case, except such as may, by law, be left to his sole power.

Section 18. When, during a recess of the General Assembly, a vacancy shall happen in any office, the appointment to which is vested in the General Assembly; or when, at any time, a vacancy shall have occurred in any other State office, or in the office of Judge of any court; the Governor shall fill such vacancy, by appointment, which shall expire, when a successor shall have been elected and qualified.

Section 19. He shall issue writs of election to fill such vacancies as may have occurred in the General Assembly.

Section 20. Should the seat of government become dangerous from disease or a common enemy, he may convene the General Assembly at any other place.

Section 21. The Lieutenant Governor shall, by virtue of his office, be President of the Senate; have a right, when in committee of the whole, to join in debate, and to vote on all subjects; and, whenever the Senate shall be equally divided, he shall give the casting vote.

Section 22. 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.

Section 23. The Lieutenant Governor, while he shall act as President of the Senate, shall receive, for his services, the same compensation as the Speaker of the House of Representatives; and any person, acting as Governor, shall receive the compensation attached to the office of Governor.

Section 24. Neither the Governor nor Lieutenant Governor shall be eligible to any other office, during the term for which he shall have been elected.

Article 6 - Administrative

 Section 1. There shall be elected, by the voters of the State, a Secretary, and Auditor and a Treasurer of State, who shall, severally, hold their offices for two years. They shall perform such duties as may be enjoined by law; and no person shall be eligible to either of said offices, more than four years in any period of six years.

Section 2. There shall be elected, in each county by the voters thereof, at the time of holding general elections, a Clerk of the Circuit Court, Auditor, Recorder, Treasurer, Sheriff, Coroner, and Surveyor. The Clerk, Auditor and Recorder, shall continue in office four years; and no person shall be eligible to the office of Clerk, Recorder, or Auditor, more than eight years in any period of twelve years. The Treasurer, Sheriff, Coroner, and Surveyor, shall continue in office two years; and no person shall be eligible to the office of Treasurer or Sheriff, more that four years in any period of six years.

Section 3. Such other county and township officers as may be necessary, shall be elected, or appointed, in such manner as may be prescribed by law.

Section 4. No person shall be elected, or appointed, as a county officer, who shall not be an elector of the county; nor any one who shall not have been an inhabitant thereof, during one year next preceding his appointment, if the county shall have been so long organized; but if the county shall not have been so long organized, then within the limits of the county or counties out of which the same shall have been taken.

Section 5. The Governor, and the Secretary, Auditor, and Treasurer of State, shall, severally, reside and keep the public records, books, and papers, in any manner relating to their respective offices, at the seat of government.

Section 6. All county, township, and town officers, shall reside within their respective counties, townships, and towns; and shall keep their respective offices at such places therein, and perform such duties, as may be directed by law.

Section 7. All State officers shall, for crime, incapacity, or negligence, be liable to be removed from office, either by impeachment by the House of Representatives, to be tried by the Senate, or by a joint resolution of the General Assembly; two-thirds of the members elected to each branch voting, in either case, therefor.

Section 8. All State, county, township, and town officers, may be impeached, or removed from office, in such manner as may be prescribed by law.

Section 9. Vacancies in county, township, and town offices, shall be filled in such manner as may be prescribed by law.

Section 10. The General Assembly may confer upon the boards doing county business in the several counties, powers of a local, administrative character.

Article 7 - Judicial Section

 1. The Judicial power of the State shall be vested in a Supreme Court, in Circuit Courts, and in such inferior Courts as the General Assembly may establish.

Section 2. The Supreme Court shall consist of not less than three, nor more than five Judges; a majority of whom shall form a quorum. They shall hold their offices for six years, if they so long behave well.

Section 3. The State shall be divided into as many districts as there are Judges of the Supreme Court; and such districts shall be formed of contiguous territory, as nearly equal in population, as, without dividing a county, the same can be made. One of said Judges shall be elected from each district, and reside therein; but said Judges shall be elected by the electors of the State at large.

Section 4. The Supreme Court shall have jurisdiction, coextensive with the limits of the State, in appeals and writs of error, under such regulations and restrictions as may be prescribed by law. It shall also have such original jurisdiction as the General Assembly may confer.

Section 5. The Supreme Court shall, upon the decision of every case, give a statement in writing of each question arising in the record of such case, and the decision of the Court thereon.

Section 6. The General Assembly shall provide, by law, for the speedy publication of the decisions of the Supreme Court, made under this Constitution; but no judge shall be allowed to report such decisions.

Section 7. There shall be elected by the voters of the State, a Clerk of the Supreme Court, who shall hold his office four years, and whose duties shall be prescribed by law.

Section 8. The Circuit Courts shall each consist of one Judge and shall have such civil and criminal jurisdiction as may be prescribed by law.

Section 9. The State shall, from time to time, be divided into judicial circuits; and a judge for each circuit shall be elected by the voters thereof. He shall reside within the circuit, and shall hold his office for the term of six years, if he so long behave well.

Section 10. The General Assembly may provide, by law, that the Judge of one circuit may hold the Courts of another circuit, in cases of necessity or convenience; and in case of temporary inability of any Judge, from sickness or other cause, to hold the Courts in his circuit, provision may be made, by law, for holding such courts.

Section 11. There shall be elected, in each judicial circuit, by the voters thereof, a Prosecuting Attorney, who shall hold his office for two years.

Section 12. Any Judge, or Prosecuting Attorney, who shall have been convicted of corruption or other high crime, may, on information in the name of the State, be removed from office by the Supreme Court, or in such other manner as may be prescribed by law.

Section 13. The judges of the Supreme Court and Circuit Courts shall, at stated times, receive a compensation, which shall not be diminished during their continuance in office.

Section 14. A competent number of Justices of the Peace shall be elected, by the voters in each township in the several counties. They shall continue in office four years, and their powers and duties shall be prescribed by law.

Section 15. All judicial officers shall be conservators of the peace in their respective jurisdictions.

Section 16. No person elected to any judicial office, shall, during the term for which he shall have been elected, be eligible to any office of trust or profit, under the State, other than a judicial office.

Section 17. The General Assembly may modify, or abolish, the Grand Jury system.

Section 18. All criminal prosecutions shall be carried on, in the name, and by the authority of the State; and the style of all process shall be: "The State of Indiana."

Section 19. Tribunals of conciliation may be established, with such powers and duties as shall be prescribed by law; or the powers and duties of the same may be conferred upon other Courts of Justice; but such tribunals or other Courts, when sitting as such, shall have no power to render judgment to be obligatory on the parties, unless they voluntarily submit their matters of difference, and agree to abide the judgment of such tribunal or Court.

Section 20. The General Assembly, at its first session after the adoption of this Constitution, shall provide for the appointment of three Commissioners, whose duty it shall be to revise, simplify, and abridge, the rules, practice, pleadings, and forms, of the Courts of justice. And they shall provide for abolishing the distinct forms of action at law, now in use; and that justice shall be administered in a uniform mode of pleading, without distinction between law and equity. And the General Assembly may, also, make it the duty of said Commissioners to reduce into a systematic code, the general statute law of the State; and said Commissioners shall report the result of their labors to the General Assembly, with such recommendations and suggestions, as to abridgement and amendment, as to said Commissioners may seem necessary or proper. Provision shall be made, by law, for filling vacancies, regulating the tenure of office, and the compensation of said Commissioners.

Section 21. Every person of good moral character, being a voter, shall be entitled to admission to practice law in all Courts of justice.

Article 8 - Education Section 

1. Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government; it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement; and to provide, by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all.

Section 2. The Common School fund shall consist of: the Congressional Township fund, and the lands belonging thereto;

The Surplus Revenue fund;

The Saline fund and the lands belonging thereto;

The Bank Tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the State Bank of Indiana;

The fund to be derived from the sale of county seminaries, and the moneys and property heretofore held for such Seminaries; from the fines assessed for breaches of the penal laws of the State; and for all forfeitures which may accrue;

All lands and other estate which shall escheat to the State, for want of heirs or kindred entitled to the inheritance;

All lands that have been, or may hereafter be, granted to the State, where no special purpose is expressed in the grant, and the proceeds of the sales thereof; including the proceeds of the sales of the swamp lands, granted to the State of Indiana by the act of Congress of the twenty-eighth of September, eighteen hundred and fifty, after deducting the expense of selection and draining the same;

Taxes on the property of corporations, that may be assessed by the General Assembly for common school purposes.

Section 3. The principal of the Common School fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be inviolably appropriated to the support of Common Schools, and to no other purpose whatever.

Section 4. The General Assembly shall invest, in some safe and profitable manner, all such portions of the Common School fund as have not heretofore been entrusted to the several counties; and shall make provision, by law, for the distribution, among the several counties of the interest thereof.

Section 5. If any county shall fail to demand its proportion of such interest, for Common School purposes, the same shall be reinvested, for the benefit of such county.

Section 6. The several counties shall be held liable for the preservation of so much of the said fund as may be entrusted to them, and for the payment of the annual interest thereon.

Section 7. All trust funds, held by the State, shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created.

Section 8. The General Assembly shall provide for the election, by the voters of the State, of a State Superintendent of Public Instruction; who shall hold his office for two years, and whose duties and compensation shall be prescribed by law.

Article 9 - State Institutions 

Section 1. It shall be the duty of the General Assembly to provide, by law, for the support of Institutions for the education of the Deaf and Dumb, and of the Blind; and also, for the treatment of the Insane.

Section 2. The General Assembly shall provide houses of refuge, for the correction and reformation of juvenile offenders.

Section 3. The county boards shall have power to provide farms, as an asylum, for those persons, who, by reason of age, infirmity, or other misfortune, have claims upon the sympathies and aid of society.

Article 10 - Finance

Section 1. The General Assembly shall provide, by law, for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.

Section 2. All the revenues derived from the sale of any of the public works belonging to the State, and from the net annual income thereof, and any surplus that may, at any time, remain in the treasury, derived from taxation for general State purposes, after the payment of the ordinary expenses of the government, and of the interest on bonds of the State, other than bank bonds, shall be annually applied, under the direction of the General Assembly, to the payment of the principal of the public debt.

Section 3. No money shall be drawn from the treasury, but in pursuance of appropriations made by law.

Section 4. An accurate statement of the receipts and expenditures of the public money, shall be published with the laws of each regular session of the General Assembly.

Section 5. No law shall authorize any debt to be contracted, on behalf of the State, except in the following cases: to meet casual deficits in the revenue; to pay the interest on the State dept; to repel invasion, suppress insurrection, or, if hostilities be threatened, provide for the public defense.

Section 6. No county shall subscribe for stock in any incorporated company, unless the same be paid for at the time of such subscription; nor shall any county loan its credit to any incorporated company, nor borrow money for the purpose of taking stock in any such company; nor shall the General Assembly ever, on behalf of the State, assume the debts of any county, city, town or township, nor of any corporation whatever.

Article 11 - Corporations 

Section 1. The General Assembly shall not have power to establish, or incorporate, any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution.

Section 2. No banks shall be established otherwise than under a general banking law, except as provided in the fourth section of this article.

Section 3. If the General Assembly shall enact a general banking law, such law shall provide for the registry and countersigning, by an officer of State, of all paper credit designed to be circulated as money; and ample collateral security, readily convertible into specie, for the redemption of the same in gold or silver, shall be required; which collateral security shall be under the control of the proper officer or officers of State.

Section 4. The General Assembly may also charter a bank with branches, without collateral security, as required in the preceding section.

Section 5. If the General Assembly shall establish a bank with branches, the branches shall be mutually responsible for each other's liabilities, upon all paper credit issued as money.

Section 6. The stockholders in every bank, or banking company shall be individually responsible, to an amount, over and above their stock, equal to their respective shares of stock, for all debts or liabilities of said bank or banking company.

Section 7. All bills or notes issued as money shall be, at all times, redeemable in gold or silver; and no law shall be passed, sanctioning, directly or indirectly, the suspension, by any bank or banking company, of specie payments.

Section 8. Holders of bank notes shall be entitled, in case of insolvency, to preference of payment over all other creditors.

Section 9. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law, to individuals loaning money.

Section 10. Every bank or banking company, shall be required to cease all banking operations, within twenty years from the time of its organization, and promptly thereafter to close its business.

Section 11. The General Assembly is not prohibited from investing the trust funds in a bank with branches; but in case of such investment, the safety of the same shall be guaranteed by unquestionable security.

Section 12. The State shall not be a stockholder in any bank, after the expiration of the present bank charter; nor shall the credit of the State ever be given, or loaned, in aid of any person, association or corporation; nor shall the State hereafter become a stockholder in any corporation or association.

Section 13. Corporations, other than banking, shall not be created by special act, but may be formed under general laws.

Section 14. Dues from corporations, other than banking, shall be secured by such individual liability of the corporators, or other means, as may be prescribed by law.

Article 12 - Militia 

Section 1. The militia shall consist of all able bodied white male persons, between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States, or of this State; and shall be organized, officered, armed, equipped, and trained, in such manner as may be provided by law.

Section 2. The Governor shall appoint the adjutant, quartermaster, and Commissary Generals.

Section 3. All militia officers shall be commissioned by the Governor, and shall hold their offices not longer than six years.

Section 4. The General Assembly shall determine the method of dividing the militia into divisions, brigades, regiments, battallions, and companies, and fix the rank of all staff officers.

Section 5. The militia may be divided into classes of sedentary and active militia, in such manner as shall be prescribed by law.

Section 6. No person, conscientiously opposed to bearing arms, shall be compelled to do militia duty; but such person shall pay an equivalent for exemption; the amount to be prescribed by law.

Article 13 - Negroes and Mulattoes 

Section 1. No negro or mulatto shall come into or settle in the State, after the adoption of this Constitution. 

Section 2. All contracts made with any Negro or Mulatto coming into the State, contrary to the provisions of the foregoing section, shall be void; and any person who shall employ such Negro or Mulatto, or otherwise encourage him to remain in the State, shall be fined in any sum not less than ten dollars, nor more than five hundred dollars.

Section 3. All fines which may be collected for a violation of the provisions of this article, or of any law which ay hereafter be passed for the purpose of carrying the same into execution, shall be set apart and appropriated for the colonization of such Negroes and Mulattoes, and their descendants, as may be in the State at the adoption of this Constitution, and may be willing to emigrate.

Section 4. The General Assembly shall pass laws to carry out the provisions of this article.

Article 14 - Boundaries 

Section 1. In order that the boundaries of the State may be known and established, it is hereby ordained and declared, that the State of Indiana is bounded, on the East, by the meridian line which forms the western boundary of the State of Ohio; on the South, by the Ohio river, from the mouth of the Great Miami river to the mouth of the Wabash river; on the West, by a line drawn along the middle of the Wabash river, from its mouth to a point where a due north line, drawn from the town of Vincennes, would last touch the northwestern shore of said Wabash river; and, thence, by a due north line, until the same shall intersect an east and west line, drawn through a point ten miles north of the southern extreme of Lake Michigan; on the North, by said east and west line, until the same shall intersect the first mentioned meridian line, which forms the western boundary of the State of Ohio.

Section 2. The State of Indiana shall possess jurisdiction and sovereignty co-extensive 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 State and said States respectively.

Article 15 - 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.

Section 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 the four years.

Section 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.

Section 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.

Section 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.

Section 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.

Section 7. No county shall be reduced to an area less than four hundred square miles; nor shall any county, under that area, be further reduced.

Section 8. No lottery shall be authorized; nor shall the sale of lottery tickets be allowed.

Section 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.

Section 10. It shall be the duty of the General Assembly, to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground.

Article 16 - 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 the said electors shall ratify the same, such amendment or amendments shall become a part of this Constitution.

Section 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.

 

Delegates' Signature's

Charles Alexander From the County of Pike 

Hiram Allen From the District of Carroll and Clinton 

Sam J. Anthony From the District of Lake, Laporte and Porter 

O. P. Badger From the County of Putnam 

--- From the County of Henry 

C. W. Barbour From the County of Vigo 

E. K. Bascom From the District of Adams and Wells 

Walter A. Beach From the County of Elkhart 

John Beard From the County of Wayne 

Othniel Beeson From the County of Wayne 

Geo. Berry From the County of Franklin 

T. P. Bicknell From the County of Noble 

Horace P. Biddle From the District of Cass, Pulaski and Howard 

James E. Blythe From the County of Vanderburgh 

James W. Borden From the District of Adams, Allen and Wells 

Thomas I. Bourne From the County of Vigo 

H. J. Bowers From the County of Ripley 

William Bracken From the County of Rush 

M. G, Bright From the County of Jefferson 

B. F. Brookbank From the County of Union 

James R. M. Bryant From the County of Warren 

Tho Butler From the County of Greene 

John F. Carr From the District of Jackson and Scott 

Horace E. Carter From the County of Montgomery 

S. Chandler From the County of Brown 

Jacob Page Chapman From the County of Marion 

Thomas Chenowith From the County of Vermillion 

H. W. Clark From the County of Hamilton 

O. L. Clark From the County of Tippecanoe 

R. A. Clements From the County of Daviess 

Joseph Coats From the County of Fountain 

Albert Cole From the District of Hamilton, Boone and Tipton 

Schuyler Colfax From the County of St. Joseph 

A. B. Conduitt From the County of Morgan 

Grafton F. Cookerly From the County of Vigo 

James Crawford From the County of Morgan 

D. Crumbacker From the District of Lake and Porter 

John Davis From the County of Madison 

Samuel Davis From the County of Parke 

Oliver P. Davis From the District of Parke and Vermillion 

James Dick From the County of Knox 

D. M. Dobson From the District of Owen and Greene 

William McKee Dunn From the County of Jefferson 

John Piatt Dunn From the District of Warrick, Spencer and Perry 

Mark A. Duzan From the County of Boone 

B. R. Edmonston From the County of Dubois 

James Elliott From the County of Shelby 

Alexander Shore Fallow From the County of Putnam 

Jacob Fisher From the County of Clark 

Jas. B. Foley From the County of Decatur 

W. C. Foster From the County of Monroe 

Samuel Frisbie From the County of Perry 

James Garvin From the County of Kosciusko 

T. Ware Gibson From the County of Clark 

Thomas Gootee From the County of Martin 

George A. Gordon From the District of Cass and Howard 

Jno. A. Graham From the County of Miami 

C. C. Graham From the County of Warrick 

Milton Gregg From the County of Jefferson 

W. R. Haddon From the District of Sullivan, Clay and Vigo 

Saml Hall From the County of Gibson 

Allen Hamilton From the County of Allen 

Jonthan Harbolt From the District of Benton, White, Jasper and Pulaski 

Franklin Hardin From the County of Johnson 

Nathan B. Hawkins From the District of Randolph, Jay and Blackford 

Jefferson Helm From the County of Rush 

Melchert Helmer From the County of Lawrence 

Tho. A. Hendricks From the County of Shelby 

Willis W. Hitt From the County of Knox 

B. C. Hogin From the County of Grant 

William Steel Holman From the County of Dearborn 

Alvin P. Hovey From the County of Posey 

John B. Howe From the County of LaGrange 

Wilson Huff From the County of Spencer 

John D. Johnson From the County of Dearborn 

W. R. Johnson From the County of Orange 

Smith Jones From the County of Bartholomew 

Danl Kelso From the District of Ohio and Switzerland 

Phineas M. Kent From the County of Floyd 

Harrison Kendall From the District of Miami and Wabash 

Robert C. Kendall From the District of Warren, White, Benton and Jasper 

David Kilgore From the County of Delaware 

Isaac Kinley From the County of Henry 

James Lockhart From the District of Posey and Vanderburgh 

Ezekiel D. Logan From the County of Washington 

Douglass Maguire From the County of Marion 

Walter March From the District of Grant and Delaware 

Joseph H. Mather From the District of Elkhart and LaGrange 

John Mathes From the County of Harrison 

Edward Ralph May From the District of DeKalb and Steuben 

Beattie McClelland From the County of Randolph 

Joel B. McFarland From the County of Tippecanoe 

William McLean From the County of Boone 

Cornelius J. Miller From the District of Clinton and Tipton 

Hugh Miller From the District of Marshall and Fulton 

Smith Miller From the District of Gibson, Pike and Dubois 

Dixon Milligan From the District of Jay and Blackford 

Robert H. Milroy From the County of Carroll 

S. P. Mooney From the County of Jackson 

George W. Moore From the County of Owen 

Jesse Morgan From the County of Rush 

A. F. Morrison From the County of Marion 

John I. Morrison From the County of Washington 

Daniel Mowrer From the County of Henry 

Elias Murray From the District of Huntington, Whitley and Kosciusko 

Christian C. Nave From the County of Hendricks 

John S. Newman From the County of Wayne 

Jno. B. Niles From the County of Laporte 

Wm. R. Nofsinger From the County of Parke 

Robert Dale Owen From the County of Posey 

Abel C. Pepper From the District of Ohio and Switzerland 

Samuel Pepper From the County of Crawford 

John Pettit From the County of Tippecanoe 

Hiram Prather From the District of Jennings and Bartholomew 

James Rariden From the County of Wayne 

J. G. Read From the County of Clark 

Daniel Read From the District of Brown and Monroe 

Joseph Ristine From the County of Fountain 

James Ritchey From the County of Johnson 

Joseph Robinson From the County of Decatur 

R. Schoonover From the County of Washington 

David A. Shannon From the County of Montgomery 

W. F. Sherrod From the County of Orange and Crawford 

Geo. G. Shoup From the County of Franklin 

Stephen Sims From the County of Clinton 

Ross Smiley From the County of Fayette 

Henry F. Snook From the County of Montgomery 

H. S. Smith From the County of Scott 

Thomas Smith From the County of Ripley 

John L. Spann From the County of Jennings 

Wm. Steele From the County of Wabash 

A. C. Stevenson From the County of Putnam 

George Tague From the County of Hancock 

Z. Tannehill From the County of Bartholomew 

E. [?] Taylor From the County of Laporte 

Wm. W. Thomas From the County of Fayette 

Henry P. Thornton From the County of Floyd 

Henry G. Todd From the County of Hendricks 

Daniel Trembly From the District of Fayette and Union 

David Wallace From the County of Marion 

Thomas D. Walpole From the County of Hancock 

Johnson Watts From the County of Dearborn 

A. L. Wheeler From the District of Marshall, Fulton and Stark 

Spencer Wiley From the County of Franklin 

Benjamin Wolfe From the County of Sullivan 

Robert Work From the District of Noble, Steuben and DeKalb 

Jacob Wunderlich From the District of Huntington and Whitley 

Francis B. Yocom From the County of Clay 

John Zenor From the County of Harrison 

 

Constitutional Provisions Proposed, Considered and Rejected by the Convention 

Banks, Corporations and Finance 
Property Rights of Women 
Homesteads
The Judiciary and Legal Procedure
Schools and the Means of Education
Compensation of Public Officials
Assessment and Taxation
Suffrage, Elections and Eligibility to Office
Privileges and Immunities of Citizens
Legislative Procedure
Conclusion of the Government under the Constitution of 1816
Miscellaneous Provisions

Banks, Corporations and Finance The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

 

(a) BANKS, CORPORATIONS AND FINANCE.

1. Registry of Bank Notes. - Sec. 3. Some officer of the State shall register all bills or notes issued or put in circulation as money, and security shall be required for their redemption in specie, by stocks of the United States, or of other interest paying states at their market value, and not above par (p. 194). Reported by the committee on currency and banking on November 5. Laid on the table on second reading by a vote of 94-36 (p. 680).

2. Enactment of Bank Law, Registry of Issue and Collateral Security. - If the General Assembly shall enact a general banking law, such law shall provide for the registry and countersigning, by the Auditor of State, of all notes, designed to be circulated as money; an ample, readily convertible collateral security for the redemption of the same, in gold and silver, shall be required to the amount of dollar for dollar, which collateral security shall be under the control of the treasurer of the state: Provided, however, That for the first twelve years after the adoption of this constitution, stocks of the State of Indiana, or of other solvent states, or of the United States, shall alone be received as such collateral security; to be, or to be made equal to stock bearing six per cent.; and to be taken at their market value, but not above par (p. 680). Amendment proposed to the foregoing and rejected.

3. Supervisory Control of Banks. - Sec. - . The legislature shall provide, in the charter of any bank established under this article, a supervisory control of the same (p. 197). Submitted by a minority of the Committee on Currency and Banking on November 5.

4. Authorizing Establishment of Bank and Branches but Prohibiting State's being Partner Therein. - Sec. - . The legislature may authorize the establishment of a new State bank with branches to go into operation, after the expiration of the present bank charter, under such regulations as may be provided by law. But in no case shall the State be a partner, or have any interest therein, or in any branch except as may be occasioned by the investment of any trust funds of the State therein as loans, and the safety of any funds so invested shall be secured by the preference in payment in case of insolvency, over the stocks of individuals in the bank (p. 194). Reported by a minority of the Committee on Currency and Banking on November 5. Laid on the table by a vote of 76-62 (p. 627)

Amendments proposed and rejected: (1) Prohibiting the legislature from establishing any banking corporation or continuing any existing banking corporation beyond the term of its present charter unless approved by a majority of the electors of the Sate. Rejected by a vote of 43-89. (2) Entirely prohibiting the establishment of any banking institution. Rejected by a vote of 43-89. (3) Prohibiting the establishment of a banking institution, except a state bank and branches, not exceeding one branch in each county, provided $200,000 be subscribed by individuals, and authorizing the General Assembly to adopt the present bank and branches with proper instructions. Rejected by a vote of 57-75. (4) To strike out and insert:

The business of banking shall be free to all, on such terms and restrictions as the legislature shall impose in a general law for such purposes subject to the following restrictions:

1st No banks shall directly or indirectly charge or receive any greater rate of interest than individuals shall be allowed to charge or receive.

2d. The bill or notes of all banks shall be registered by some proper officer of State, and ample security readily convertible into gold or silver, taken for the redemption of the same.

3d. The stockholders or owners shall be individually responsible for the debt of such bank.

4th. The billholders shall have preference in payment in case of failure.

5th. No law authorizing the suspension of specie payment shall be granted. Rejected by a vote of 18-107. (5) There may be incorporated by the General Assembly a state bank with branches, with such powers, rights, and liabilities as the General Assembly may think proper to bestow upon it, and the General Assembly may incorporate other banks from time to time with such powers, liabilities and restrictions as may be deemed proper; but the individual stockholders of such State bank, and the stockholders of all other banks, shall be individually liable for all the liabilities of such banks to the amount of their stock held at the time such liability accrued. But no other corporation shall be a stockholder in any bank incorporated under this article.

(6) Section 1. The General Assembly shall have no power to pass any act granting any special charter for banking purposes; but the corporations or associations may be formed for such purposes under general laws.

Sec. 2. The General Assembly shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspension of specie payment by any person, association, or corporation, issuing bank notes of any description.

Sec. 3. The General Assembly shall provide by law for the registry of all bills or notes issued or put into circulation as money, and shall require ample security for the redemption of the same in specie.

Sec.4. The stockholders in every corporation and joint stock association for banking purposes, issuing bank notes or any kind of paper credits to circulate as money, shall be individually responsible for all its debts and liabilities of every kind and description.

Sec. 5. In case of the insolvency of any bank or banking association, the bill-holders thereof shall be entitled to preference in payment over all other creditors of such bank or association.

Sec. 6. No bank or banking association shall, directly or indirectly charge or receive any greater rate of interest than individuals shall be allowed to charge or receive.

Sec. 7. The General Assembly may also, at the time it passes a general banking law, impose such other and further restrictions and regulations as they may deem expedient and proper for the security of the billholders; Provided, That no such law providing for a general system of banking shall have any force or effect until the same shall have been submitted to a vote of the electors of the State at some general election, and been approved of by a majority of all the votes cast at such election. Rejected by a vote of 28-94. (7) Strike out all after the word "the " in the first line, and insert the following: legislature shall have no power to pass any act granting any special charter for banking purposes, but corporations or associations may be formed for such purposes under general laws.

The legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspension of specie payment by any person, association, or corporation issuing bank notes of any description.

The legislature shall provide by law for the registry of all bills or notes issued or put in circulation as money, and shall require ample security for the redemption of the same in specie.

The stockholders in every corporation and joint stock association for banking purposes, issuing bank notes of any kind of paper credits to circulate as money after the first day of January, 1852, shall be individually responsible to the amount of their respective shares of stock in any such corporation or association for all its debts and liabilities of every kind contracted after the said first day of January, 1852.

In cases of the insolvency of any bank or banking association, the billholders thereof shall be entitled to preference in payment over all other creditors of such bank or association. Rejected by a vote of 27-103. (8) Mr. Owen moved to strike out the section under consideration, and insert the following:

Section 1. The General Assembly shall not have power to establish or incorporate any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit or bills payable to order or bearer, except under the following restrictions:

1st. The State shall not be a stockholder in any bank after the expiration of the charter of the State bank.

2d. No bank bill or note shall issue for circulation until it shall first have been registered and countersigned by the Auditor of State, nor until there shall have been deposited as security for the redemption of the same, dollar for dollar, stocks of the United States, or of such States of this Union as may be designated by law, to be estimated at their market value, in the city of New York, but not above par: Provided, That such stocks be, or are made to be equal to stock producing six per cent per annum.

3d. No law shall pass sanctioning, directly or indirectly, the suspension by any bank or banking institution, of specie payments.

4th. Billholders shall have preference of payment over all other creditors in cases of insolvency.

5th. Stockholders shall be individually liable to an amount not less than that of their respective shares of stock.

6th. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to be received by individuals loaning money.

7th. No bank or banking institution shall have exclusive privileges not granted to other similar institutions; nor shall any such institution be created by special charter.

8th. The General Assembly shall have the right to alter, from time to time, or to repeal all laws that may be passed creating banks or banking institutions. Rejected by a vote of 46-91. (9) The following additional section was proposed and rejected by a vote of 47-90:

Sec. 7. The Legislature shall not have power to grant special charters for banking purposes, but may pass a general law, making the business of banking free to all, based on the principles of ample stock security for circulation, registry of notes by some State officer, preference in payment to bill-holders in case of failure, and individual responsibility of stockholders to an amount equal to their stock: Provided, however, That at the expiration of the charter of the present State bank, the legislature may, in addition to such general system, grant a charter for a bank and branches. But the State shall not be partner, directly or indirectly, in any such banking institution; and if the trust funds, or any portion of them should be invested therein as a loan, their safety shall be guaranteed by the State. Stockholders in any such bank shall be individually responsible to the same extent as those acting under the general law (p. 628). (10) An amendment was proposed as follows as an addition to the foregoing, and rejected by default of the original amendment: The banks chartered under the provisions of this article, shall be mutually liable for the redemption of the circulation of each other to the amount, and in the manner to be prescribed by law, and no bank hereby contemplated, or allowed to exist in this State, shall ever be allowed to issue for circulation any note or bill of a less denomination than ten dollars, or circulate or pay out at its counter, or at any other as payment on bank account, any note or bill of any bank of a less denomination than ten dollars. (11) Sec. - . There may be established or incorporated in this State a State bank and branches, in any or each county in said State, when a specie capital is furnished for said branches, as may be prescribed by law. Rejected by a vote of 62-72. (12) The following proposed as an amendment to the foregoing was rejected: The State shall not be a stockholder in any bank, after the expiration of the charter of the State bank of Indiana; nor shall the State lend its credit for the purpose of aiding in the establishment of any bank or moneyed incorporation whatever.

5. Prohibiting the State's being a Stockholder in the Future in any Bank - 

Sec. - . The legislature shall not have power to create, authorize or incorporate, by any general or special law, any bank or banking power or privilege, or any institution or corporation, having any banking power or privilege whatever, except as provided in this article.

Sec. - . The legislature may submit to the voters, at any general election, the question of "bank or no bank," and if at any such election, a number of votes, equal to a majority of all the votes cast at such election on that subject shall be in favor of banks, then the legislature shall have power to grant bank charters, or to pass a general banking law, with such restrictions and under such regulations, as they may deem expedient and proper for the security of the billholders: Provided, That no such grant or law shall have any force or effect, until the same shall have been submitted to a vote of the electors of the State at some general election, and been approved by a majority of the votes cast on that subject, at such election (p. 195). Report submitted by a minority of the Committee on Currency and Banking on November 5.

6. Prohibiting Suspension of Specie Payments. - Sec. - . The legislature shall not have power to grant or approve of a suspension of specie payment by any bank or branch established under this article (p. 196). Report submitted by a minority of the Committee on Currency and Banking on November 5.

7. Authorizing State to Establish Bank Branches. Sec. 10. The General Assembly shall have power to establish a State bank and branches, with such powers, and under such restrictions as may be prescribed by law (p. 654). Rejected by a vote of 48-93.

8. Referendum on Establishment of Bank. - The legislature shall not have power to create, authorize, or incorporate, by any general or special law, any bank or banking power or privilege, or any institutions or corporations having any banking power or privilege whatever, except under the following conditions to-wit: The legislature may submit to the voters at any general election the question of "bank," or "no bank;" and if at any such election a number of votes equal to a majority of all the votes cast at such election on that subject shall be in favor of banks, then the legislature shall have power o grant bank charters, or to pass a general banking law, with such restrictions and under such regulations as they may deem expedient and proper for the security of the bill holders: Provided, That no such grant or law shall have any force or effect until the same shall have been submitted to a vote of the electors of the State at some general election, and been approved by a majority of the votes cast on that subject at such election (p. 640). Rejected.

9. Unlimited Number of Partners of Branches. - And such banks shall be compelled to accept of as many partners of branches as shall offer to comply with the provisions organizing the first, at such places in this State as such partners shall desire to engage in the business of banking (p. 657). Rejected.

10. Mutual Liability of Banks. - Sec. 10. All banks established under the provisions of this article shall be mutually liable for the redemption of the circulation of each other.

The stockholders shall be individually liable in their private estate to the full amount of their stock, whether paid in or unpaid, for all liabilities of the bank or banks in which such stock is held, and from the date of the failure of such bank, the individual liability shall attach and operate as a lien upon the real and personal estates of such stockholder.

A suspension of specie payments shall be a forfeiture of the charter of any bank, and no law shall be made suspending or legalizing a suspension of specie payments.

No bank shall issue, circulate, or pay out any bill or bank note of a less denomination than five dollars. 

No bank shall be allowed to take or receive, directly or indirectly, more interest than private individuals are allowed by law.

Every bank dividing six per cent profit on stock paid in, shall pay over as may be provided by law, the half of one per cent for common school purposes, and one per cent for common school purposes when the bank profits shall amount to ten per cent per annum.

In payment of debts the note holders shall be first paid in case of a bank failure (p. 640.)

11. Removal and Negotiation of Loans. - The General Assembly may provide by law for the removal of the present loan invested in State bank stock, or may provide for and negotiate loans of money to be applied as stock on behalf of the State in any bank hereafter incorporated (p. 657). Rejected by a vote of 52-91.

12. Prohibiting Incorporation of Banks. - 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 (p. 658).

13. Prohibiting Foreign Interests in Banks. - Sec. 11. No person being a citizen of a foreign government shall be a stockholder in any bank, banking company, or association; nor shall such person subscribe stock in any such bank, banking company, or association in the name of any citizen of the united States, nor shall stock be subscribed in such bank, banking company, or association to or for the use of any foreign subject or corporation. All stock subscribed in contravention to this section shall revert to the State for the use of common schools. . . .

Every bank established under the authority of this Constitution shall pay one quarter of one per cent annum bonus on the capital stock to the State for common school purposes, and each bank dividing ten per cent or over profit on the capital stock established as aforesaid, shall, in like manner, pay over to the State for the use of common schools, the half of one per cent on the capital sock of such bank (pp. 662. 669). Rejected by a vote of 67-78.

14. Restricted Establishment of Bank and Branches. The General Assembly may authorize the establishment of a State bank, with a suitable number of branches, to go into operation after the expiration of the charter of the present State bank, under such regulations as may be provided by law; but in no case shall the State be a partner, or have any interest therein, or any branch thereof, except as may be occasioned by the investment of any trust funds of the State therein as a loan; and the safety of any funds so invested, shall be secured by their preference in payment, in case of insolvency, over the stocks of any individuals in such banks; Provided, however, That each branch shall be held responsible for the debts and liabilities of each other (p. 666). Rejected by a vote of 63-80.

15. Taxation of Bank Stock. - Sec. 15. All bank stock and bank property real and personal, shall be taxed at the same rate as other property in this State is taxed (p. 685). Laid on the table.

16. Fixing Denomination of Bank Notes. - Sec. 16. No note or bill shall be issued or put in circulation of a denomination less than five dollars, and after 1860 less than ten dollars; and the legislature shall reserve the right after 1870 to prohibit the issue of any bill or note of a less denomination than twenty dollars (p. 685). Laid on the table by a vote of 78-42.

17. Contribution of Banks to Common School Fund. - Sec. 17. In all cases where the General Assembly shall grant any bank charter or corporation with power to issue bills of credit, or bills payable to order or bearer, they shall require at least one-half per cent per annum on the capital stock, which shall be applied to the benefit of common schools (p. 686). Laid on the table by a vote of 68-51.

18. Alteration of Banking Laws and Equitable Establishment of Banks and Branches. - Sec. - . The legislature shall have the right to alter or amend any law authorizing or incorporating banks, and any bank having branches shall not prohibit additional branches from being established upon equitable conditions (p. 686). Laid on the table.

19. Limitation of issue in Proportion to specie. - Section -. Any bank or branches established under the provisions of this Constitution, shall never be permitted to issue more than two dollars for every one of specie they have in their vaults (p. 687). Laid on the table.

20. Referendum on Incorporation Acts and Acts Authorizing Issue of Bank Notes. - Sec. - . No special act of incorporation or general law authorizing the issuing of notes or bills to circulate as money shall ever take effect until the same shall have been submitted to the people at a general election, and shall have received the approval of a majority of the voters at such election (p. 687). Laid on the table by a vote of 76-52.

21. Security for Trust Funds. - Sec. 12. The trust funds, if loaned to any bank, shall be secured by priority of payment over all claims for stock, or other claims of whatsoever nature. The charter of the present State bank shall not be renewed or extended (pp. 681-82). Rejected by a vote of 64-66.

22. Bank Issue on Security of Real Estate Mortgages. - Sec. 13. Mortgages upon real estate shall not be taken as a basis for the issues of any bank or banking association (p. 682).

23. Referendum on Borrowing Money to Establish State Bank and Branches. - Section 1. That hereafter whenever the people of this State, may at any general election, decide that the General Assembly shall borrow money upon the faith of the State, for the purpose of establishing a State bank and branches, and the Legislature shall pass a law for that purpose, stating therein the amount to be borrowed, the interest to be paid, the amount of taxation necessary to pay the interest on the debt, which law shall be submitted to the people for their confirmation or rejection, at a regular election; and if said vote shall be in favor of said law then the State shall have the right to make such loan, anything in this Constitution to the contrary notwithstanding, and the interest on said loan, shall , as far as practicable, be paid out of the profits of said Bank (p. 881). Rejected by a vote of 39-72.

24. Authorizing State to Become Stockholder in State Bank. - Sec. 2. The State of Indiana shall have the right to become a stockholder in a State bank and branches which said branches shall be established from time to time, as the commercial, agricultural, manufacturing, and industrial interests shall demand; which said stock on the part of the State, may be equal to one-half on such bank or branch (p. 881). Rejected by a vote of 39-72.

25. Taxation of Railroad, Plankroad and Turnpike Companies. - Sec.1. The capital stock of all rail, plank, and turnpike (and moneyed) companies, upon which a profit may be derived, shall be subject to the like State and county tax as property of individuals; the county tax shall be equal to the State tax, which tax shall be assessed and collected as may be prescribed by law, all of which shall be paid into the State Treasury.

Sec. 2. The amount of all county tax upon such capital stock shall be appropriated to the several counties of this State for the benefit of common schools (p. 875). Reported by the Committee on Miscellaneous Provisions on February 1. Referred on second reading to a select committee of three with the following pending amendments: (1) The capital stock of all railroad, plankroad, turnpike, and moneyed corporations, upon which a profit may be derived shall be subject to the like state and county tax, as the property of individuals; said roads to be taxed in the counties through which the same may pass. (2) To strike out the words "upon which a profit may be derived." Reported back to the Convention as follows:

Sec. 1. All corporation stocks owned or held in this State by persons residing out of the State shall be liable to a county tax equal to the tax levied for State purposes, which shall be paid into the State Treasury and distributed to the several counties in this State for common school purposes. And all corporation stocks owned or held by citizens of this State shall be taxable for county purposes as other property is taxed, and applied in the same manner in the counties where the same is owned or held, which shall in either case be in full for all taxes for county purposes. And the General Assembly shall pass all necessary laws to carry into effect the provisions of this section (p. 921).

The following amendment was proposed and both section and amendment were laid on the table (p. 921).

The stock or property of all incorporated companies in this State, whether held by residents or non-residents, shall be subject to the taxation for State and county purposes, as the property of individuals, and shall be assessed and collected in such manner as may be prescribed by law (p. 921).

26. Remembering all Subsequent Corporation Charters Repealable. - Sec. 6. That all charters hereafter created shall be subject to repeal; but the rights of all persons interested, shall be justly protected when any charter is repealed (p. 847). Adopted by a vote of 76-44 and ordered engrossed. Laid on the table on third reading by a vote of 67-71, with the following pending amendment (p. 858): Sec. 6. That all corporations hereafter created, either by special charter or under general laws, shall be subject to repeal by a vote of two-thirds of the members elect to each branch of the General Assembly; but the rights of all persons shall be justly protected, in case of such repeal. A proposed amendment that all charters be subject to repeal by a two-thirds vote of the General Assembly was rejected.

27. Limiting Lives of Future Corporations. - Sec. 7. No private corporation hereafter created shall endure for a longer period than thirty years (p. 848). Rejected.

28. Consolidation and Investment of Common School Fund. - Sec. 3. The General Assembly shall have the power to consolidate and invest in the bonds of this State or otherwise the entire common school fund; and in case of such consolidation interest thereon at the rate of six per cent shall be invariably appropriated from the annually accruing revenues to the same specific purposes to which said funds are applied under this Constitution (p. 884). Laid on the table.

29. Application of Bank Profits to Maintenance of Common Schools. - Sec. 3. The legislature shall have power in a general banking law passed under the provisions of this Constitution, to extend the termination of the charter of the present State bank for five years, and the net profits of the State during such extension shall be applied to the common school fund. Provided, The stock and property of said bank shall be taxed as other property in this State is taxed (p. 885). Rejected by a vote of 61-67.

30. Extension of Bank Charter till 1863. - Sec. 3. The General Assembly may extend the charter of the present State bank until the year 1863; but if such charter shall be so extended, the General Assembly shall never charter any bank with branches and provided in Article -- Section --of this Constitution (p. 886).

31. Extension of Bank Charter for Five Years. - The legislature shall at its first session under this Constitution pass a general banking law, in which law they may extend the termination of the charter of the present State bank for five years (p. 886).

32. Legislative Restrictions on Banking. - Sec. 20. The business of banking shall be free to all on such terms and under such restrictions as the legislature shall impose (p. 587). Laid on the table.

33. Compulsory Contributions by Corporations to Common School Fund. - Sec. 5. There shall be annually deducted, and paid over to the treasurer of State for the use of common schools, from the dividends of each company which may hereafter be incorporated, and of each company which has been heretofore incorporated, in whose charter the General Assembly has reserved the right to repeal, alter or amend the same, --per cent of such dividend, wherever the same shall exceed the amount of six per centum per annum (p. 408). Reported by the Committee on Education on Dec. 11. Laid on the table on second reading. (p. 808).

34. Prohibiting Perpetuities and Monopolies. - Sec. - . Perpetuities and monopolies are contrary to the spirit of a free State, and ought not to be allowed (p. 353). Rejected.

Property Rights of Women

The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

1. Property Rights of Married Women. - Section 1. 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. (The above section to follow that on the subject of imprisonment for debt.)

Sec.2. Women hereafter married in this State shall have the right to acquire and possess property to their sole use and disposal: and laws shall be passed securing to them, under equitable conditions, all property, real and personal, whether owned by them before marriage, or acquired afterwards, by purchase, gift, devise, descent, or in any other way, and also providing for the registration of the wife's separate property.

Sec. 3. Laws shall be passed securing women now married, the right to all property hereafter to be acquired by them, in every case in which such married woman, in conjunction with their husbands, shall file for record, in the recorder's office of the county in which they reside, a declaration, duly attested, expressing the desire of the parties to come under the provision of such law (p. 148). Reported by the Committee on Rights and Privileges on Oct. 29.

Amendments proposed: (1) to consolidate sections 1 and 2 as follows: Sec. - . Every married woman shall have the right to the exclusive use and benefit of all real estate, and every interest therein of which she may be seized or possessed at the time of the marriage, or of which she may become seized or possessed at any time during the coverture by devise, or descent, or in any manner other than by gift from her husband in fraud of third persons; and laws shall be passed effectually securing to the wife on equitable principles, the use, issues and profits of her separate property, and a just interest in her husband's estate, in the event of the dissolution of the marriage contract by the death of the husband or otherwise (p. 249). Rejected. (2) Supplemental: No law shall ever be passed where by the property owned by a feme covert at the time of her intermarriage or by her acquired subsequent thereto, either by inheritance, gift, grant, devise or otherwise, shall ever be taken for the debts of the husband contracted before or after the marriage (p. 250). Rejected.

Section - . Laws shall be passed securing to women, under equitable conditions, all property, real and personal, whether owned by them before marriage, or acquired afterward by purchase, gift, devise, or descent (p. 257). Rejected.

Section 3 was advanced to engrossment in the following form:

Sec. 3. The real and personal property of women, whether owned before marriage or afterwards acquired by purchase or gift, other than from the husband in fraud of his creditors, devise, or descent, shall be and remain secured to them under equitable conditions by law (p. 300).

Read a third time on Nov. 27 and passed by a vote of 66-59 (p. 307.) On Dec. 16, the vote on the passage of section 3 was reconsidered by a vote of 84-43, and the section failed to pass by a vote of 54-75 (p. 451).

Amendments proposed to Section 3 and rejected: (1) Succession of wife to life estate in real and personal property on husband's death. (2) Providing that the husband shall not be liable for the wife's debts. (3) The property, real and personal, of women shall be secured against the creditors and legal representatives of their husbands. Rejected by a vote of 35-93. (4) The real and personal property of married women shall be and remain secured to them on equitable conditions by law. Rejected by a vote of 60-69.

2. Property Rights secured to Married Women and Widows. - Sec. 1. The real and personal property of married women, and a liberal provision for widows, shall be and remain secured to them respectively under equitable conditions by law (p. 692). Reported on January 16, by the Committee of Rights and Privileges. Advanced to engrossment by a vote of 70-58 (p. 811). Laid on the table on third reading by a vote of 74-59 (p. 821). Subsequently taken from the table by a vote of 83-45, and recommitted to a committee of one to amend as follows:

Sec. 1. Laws shall be passed for the security of the property of married women, of widows, and of orphans (p.894).

The committee reported as instructed and the section passed by a vote of 71-61 (p. 896). Subsequently, by a vote of 65-61, the vote on passage was reconsidered and the section failed to pass by a vote of 63-68 (p. 905).

The following proposed amendment was rejected: But no law shall ever be passed, in any manner impairing the unity and sacredness of the marriage relation (p. 896).


Homesteads

The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

1.Exemption of Homesteads and Other Accessories. - Section 1. The homestead owned by any person, the head of a family in this State, to consist of land or town property not less in value than $500, shall be exempted from seizure and sale by any legal process whatever, for any debt contracted after the adoption of this Constitution: Provided, that such exemption shall not affect, in any manner, any mechanic's lien, or any mortgage thereon lawfully obtained; but such mortgage or other alienation of land by the owner thereof, if a married man, shall not be valid without the signature of his wife.

Sec. 2. The legislature shall, in addition to the present exemption of personal property, add to it, in the case of those persons who are not land holders, such additional amount in value of mechanics' tools, farming utensils, and other personal property, necessary to the business or support of such persons as the said legislature may deem expedient and equitable.

Sec. 3. The legislature shall pass such laws as are necessary to carry into effect all the provisions of this article (p. 197). Reported by a select committee on Nov. 5. Laid on the table on second reading by a vote of 79-36 (p. 702). This same provision was rejected a second time by a vote of 28-84 (p. 284).


The Judiciary and Legal Procedure

 The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

1. Election of Attorney General. - Sec. 1. There shall be elected by the qualified electors of the State, an Attorney General, whose powers and duties shall be prescribed by law, and who shall hold his office for four years, and until his successor be elected and qualified (p. 209). Reported by the Committee on Organization of courts on Nov. 7. Laid on the table; subsequently taken up for consideration and finally laid on the table (pp. 719-22, 749). A proposal that the attorney-general be appointed by the Governor by and with the advice and consent of the Senate was rejected.

2. Classification of Judges of Supreme Court. - Section 3. Provision shall be made by law for classifying the Judges of the Supreme Court, so the not more than one of them shall go out of office in the same year (p. 722).

3. Method of Answering a Criminal Charge. - 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 or indictment (p. 353). Rejected.

4. Salaries of Supreme and Circuit Judges. - Sec. 3. The salaries of the Judges of the Supreme Court, and the Judges of the Circuit Court, shall be one thousand dollars each, until the same shall be changed by the General Assembly (p. 881). Rejected by a vote of 39-72.

5. Supreme Court Districts. For the purpose of providing for the election of Supreme Judges of the State, under this constitution, at as early a day as practicable, the following shall compose the districts for Judges of the Supreme Court, to-wit:

Section - . The counties of Posey, Vanderburgh, Gibson, Pike, Warrick, Perry, Spencer, Dubois, Orange, Crawford, Harrison, Floyd, Washington, Clark, Scott, Jefferson, Switzerland, Ohio, Dearborn, Ripley, Jennings, Bartholomew, Jackson, Brown, Monroe, Lawrence, Martin, Daviess, Knox and Green, shall compose the first district.

The counties of Sullivan, Vigo, Clay, Owen, Morgan, Johnson, Shelby, Decatur, Rush, Fayette, Union, Franklin, Wayne, Henry, Hancock, Marion, Hendricks, Putnam, Parke, Vermillion, Boone, Hamilton, Madison, and Randolph shall compose the second district.

The counties of Delaware, Fountain, Montgomery, Warren, Tippecanoe, Clinton, Tipton, Benton, White, Carroll, Cass, Miami, Howard, Grant, Wabash, Huntington, Blackford, Jay, Wells, Adams, Allen, Whitley, Kosciusko, Fulton, Pulaski, Marshall, Starke, Jasper, Lake, Porter, Laporte, St. Joseph, Elkhart, Lagrange, Noble, Steuben, and DeKalb, shall compose the third district of the State of Indiana, which said districts shall be and remain as herein established until the same shall be altered or changed by law. But no change of any one or more of said districts shall prevent an incumbent in the office of Supreme Judge under this Constitution from holding said office to the end of the term for which he shall have been chosen (p. 876). Reported by the Committee on Miscellaneous Provisions on Feb. 1. Laid on the table (p. 917).

6. County Probate Judges. - Sec. 14. There shall be in each county a court to be composed of one judge, who shall have original jurisdiction in cases of probate, and such other jurisdiction as may be conferred by law, and whose salary shall be five hundred dollars, to be paid out of the county treasury, and such fees as may be prescribed by law (p. 709). Laid on the table.

7. County Court. - Sec.14. There shall be in each county a court to be composed of one judge, to be elected by the electors of the county, who shall hold his office for four years, and whose jurisdiction and duties shall be fixed by law (p. 715). Rejected by a note of 40-75.

8. Jurisdiction of Probate and Circuit Courts. - Sec. 15. The probate court shall have such civil jurisdiction, and the circuit court such criminal and civil jurisdiction as shall be prescribed by law (p. 709). Laid on the table.


Schools and the Means of Education 

The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

(e) SCHOOLS AND THE MEANS OF EDUCATION.

1. Establishment of Normal Training School at University. - Sec. 2. It shall also be the duty of the General Assembly, in order to furnish the common schools of the State with efficient and well qualified teachers, to establish in the State University a normal school, wherein students shall be admitted upon such conditions and instructed in such subjects as shall be prescribed by law (p. 408). Reported by the Committee on Education on Dec. 11. Laid on the table (p. 803).

2. Ingredients of University Fund. - Sec. 3. The university fund shall consist of the proceeds from the sales of the lands, granted by the United States for a seminary of learning, and of such of said lands as remain unsold, together with such grants, gifts and donations, as have been, or may hereafter be made thereto. The principal of said fund shall forever remain inviolate, and the interest and income thereof shall be applied to the maintenance of the State University, in such manner as the General Assembly may direct (pp. 708, 804). Reported by Committee on Education on Dec. 11. Amended and laid on the table by a vote of 62-61.

3. Disposition of County Seminary funds. - Section. - . The proceeds of the sale of no county seminary shall be applied to the purposes of common schools, until all existing liabilities against said seminary shall be first paid (p. 851). Laid on the table.

4. Distribution of University Fund Among Colleges of State. - Section -. The interest arising from the university fund, shall be divided annually among the several incorporated colleges in this State, in proportion to the number of students in each of said colleges during the year (p. 734). A select committee appointed to inquire into the expediency of dividing the university fund among the several colleges of the state made a divided report. A majority of the committee recommended the indefinite postponement of the proposition. Mr. Borden proposed the section given above.


Compensation of Public Officials

The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

(f) COMPENSATION OF PUBLIC OFFICALS.

1.Compensation of State Officers. - The following officers of government shall be allowed as their annual salaries not less than the following sums, viz.:

The Governor one thousand five hundred dollars.

The Secretary, Auditor, and Treasure of State, one thousand dollars each, with such perquisites as the legislature shall from time to time allow.

The Judges of the Supreme Court, one thousand five hundred dollars each.

The Judges of the Circuit Courts, one thousand two hundred dollars each.

The members of the General Assembly three dollars per day each, and three dollars for every twenty-five miles travel on the most direct route in going to and returning from the seat of government. No law shall be passed to increase the pay of members of the General Assembly until after the close of the session at which such law shall be passed (p. 751). Reported by the Committee of Salaries on January 23. Laid on the table by a vote of 48-73 (p. 850). A subsequent attempt to take this article from the table failed by a vote of 48-68 (p. 859).

2. Compensation and Mileage of Members of General Assembly. - The members of the first session of the General Assembly under this Constitution, shall receive three dollars each, per day for their services, and three dollars for every twenty miles travel (p. 891).

3. Compensation of Members of General Assembly. - Sec. 40. The members of the General Assembly shall receive for their services a compensation not exceeding three dollars per day, to be fixed by law, and paid out of the public treasury; but no increase of compensation shall take effect during the session at which such increase may be made (p. 496). Laid on the table (p. 506).

4. Legislative Authority to Fix Salaries. - The Legislature shall have power to fix the salaries of all State and judicial officers, and the pay of members of the General Assembly (p. 851).

5. Compensation of Public Officials. - Sec. 2. All officers, other than county and township officers and members of the General Assembly, shall receive for their services such compensation as shall be prescribed by law, but no increase or diminution of such compensation shall take effect during the term for which they shall have been severally elected: Provided, however, That this restriction shall not apply to the compensation of the first General Assembly which may convene after the adoption of this Constitution (p. 883). Laid on the table by a vote of 61-50.

6. Salary of Governor and Supreme Court Judges. The annual salary of the Governor of this State shall never be less than fifteen hundred dollars, nor that of the Supreme and Circuit Judges less than one thousand dollars each (p. 863).


Assessment and Taxation

 The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

(g) ASSESSMENT AND TAXATION.

1. Assessment and Taxation of Property. - Sec 41. The General Assembly shall provide by law a uniform rule of assessment and taxation, and shall prescribe such regulations as will secure a just valuation, for taxation, of all property both real and personal, excepting only such for municipal, educational, charitable, or religious purposes, as may be specially exempted by law. Rejected (p. 516).

2. Enforcement of Payment of Taxes. - Sec. 1. Hereafter no purchaser of any land or town lot, at any sale of lands or town lots for taxes due to this State, or any county, or any incorporated town or city within the same, or at any sale for taxes, levies or assessments authorized by the laws of this State, or any ordinance, or by-law of any town or municipal corporation thereon, shall be entitled to a deed for any land or town-lots so purchased, until he or she shall have complied with the following conditions, to-wit: Such purchaser shall cause to be served by the sheriff or other proper officer, a written notice of such purchase, on every person in possession or occupancy of such land or town lot, at least three months before the expiration of the time of redemption on such sale, in which notice, he shall distinctly set forth when he purchased such land or own lot a particular description thereof, so as to clearly identify the same, the amount of the tax, per centum and costs necessary to redeem the same, and when the time of such redemption will expire; and in like manner he shall cause to be served on the person or persons in whose name or names such land or town lot shall have been listed for taxation a similar written notice, if such person or persons do not reside therein, then such purchaser shall cause such notice to be published in some newspaper printed in such county, and if no newspaper be published therein, then in the newspaper published in this State nearest to the county in which such land or town lot is stated; which notice shall be published for three weeks successively, the last of which shall be at least three months previous to the expiration of the time of redemption; in which notice such purchaser shall furthermore state, unless the same shall be redeemed within the time limited for the redemption thereof, or for other good cause shown to the contrary, he will make a motion to the circuit court of the county in which such land or town lot is situate at the next ensuing term thereof, for an order directing the proper officer to execute to him a deed for such land or town lot, according to the provisions of the statutes in such cases made and provided. Such purchaser, before he shall be entitled to an order for a deed in such case, shall adduce to such court satisfactory proof of his having become the purchaser of such land or town lot for the taxes due thereon, and at the same time shall produce and file his certificate of purchase, together with the proof of his having given the notice and complied with the preliminary conditions herein, before purchased, and shall moreover file his affidavit to the same effect. Of all of which several matters, the court shall cause a record to be made in the order book of such court, and shall also cause the same to be filed among the record of said court, to be carefully preserved by the clerk thereof, and thereupon, unless good cause be shown to the contrary, cause an order to be made directing the proper officer to execute to such purchaser a deed accordingly, for such land to town lot, which shall have the effect thenceforth to vest the said purchaser with a good valid and indefeasible legal title to such land or town lot. And it shall be the further duty of such court, upon a awarding a deed to such purchaser as aforesaid, to enter up an order or decree directing such purchaser to pay into the clerk's office of said court, on or before the first day of the next term of sad court, a sum which shall be equal to twenty per cent on the amount of the value of the land or lot so purchased, to be ascertained by recurrence to the assessment to the same, where last listed for taxation, which order or decree shall from the date thereof, operate as a lien on the said land or town lot as against said purchaser, or any alienee until satisfied, and if not, said decree may be enforced by execution against said land or town lot in whosoever hands or possession the same may be; which money, when collected, shall be applied to the benefit of common schools within the township wherein the said land or town lot is situated: Provided, however, That both the said purchasers, as well as the original owner of said land or town lot, or other person having an interest therein, shall be at liberty to take an appeal, or sue out a writ of error to the Supreme Court, for the purpose of reviewing the order of the circuit court in awarding a deed in such case (p. 395). Reported by a select committee appointed to ascertain the best method of enforcing the payment of taxes. Laid on the table (p. 801).

3. Prohibiting Poll or Capitation Tax. - Section 1. No poll or capitation tax shall hereafter be levied for State or county proposes (p. 277). Reported by a select committee on November 21. Laid on the table by a vote of 109-18 (p. 790).


Suffrage, Elections and Eligibility to Office

 The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

( h) SUFFRAGE, ELECTIONS AND ELIGIBILITY TO OFFICE.

1. Referendum on Contested Elections. -Section -. All contested elections for senators and representatives of the General Assembly, and for all county and township officers, shall be sent back to the people for their decision, in a manner to be prescribed by law (p. 525). Laid on the table by a vote of 67-17.

2. Extension of Suffrage by Referendum Vote. - Sec. - . The legislature may, at any time hereafter, extend by law the right of suffrage to persons not herein enumerated; but no such law shall be in force until the same shall have been submitted to a vote of the people, at a general election, and approved by a majority of all the votes at such election (p. 525). Laid on the table.

3. Deprivation of Suffrage for Want of Documentary Proof. - Sec. - . No person entitled to vote, by the laws of this State, shall be barred from voting on account of having lost or mislaid any certificate showing his legal right to vote (p. 525). Rejected.

4. Referendum on Change of County Boundaries. - Sec. 4. No county with an area of four hundred square miles or less, shall be divided or have any part stricken therefrom, without submitting the question to a vote of the people of the county or counties to be affected by the change; nor shall the change be made unless a majority of the votes cast upon the question shall be in favor of the change, and in that case the legislature shall have power to make such change (p. 881). Rejected by a vote of 39-72.

5. Ineligibility of Persons to More Than One Office. - Sec. 5. All state and county officers elected under this Constitution, shall be ineligible to any other office in this State during the time for which they were elected, and all votes given for such person in office for any other office, in violation of the above provision shall be void (p. 881). Rejected by a vote of 39-71.

6. Election of Canal Trustees, State Prison Warden and State Printer. - Sec. 1. There shall be elected by the qualified voters a trustee on the part of the State for the Wabash and Erie Canal, (so long as there is any necessity for such an office), warden of the state's prison, and state printer, and shall hold their office for two years, and until their successors are elected and qualified: Provided, That no person shall be eligible to the office of trustee of the Wabash and Erie Canal, warden to the state's prison, or state printer, more than four years in any term of six years (p. 264). Reported by the Committee on State Officers on November 18. Engrossed for third reading without amendment (pp. 788-89). Laid on the table on third reading by a vote of 113-17 (pp. 797-98).

The following amendments were proposed: (1) To strike out all reference to the canal trustees. Rejected by a vote of 42-87. (2) To eliminate the warden of the state prison and the state printer. (3) The warden of the penitentiary shall be elected by the convicts on the joint stock principal, each convict being entitled to as many votes as the number of years of service to which he was sentenced (p. 789).

7. Excluding Officers of Banks and Corporations from Seats in General Assembly. - Sec. 34. No president, director, or other officer or agent of any railroad, bank, banking, or other moneyed incorporated company in this State, shall be eligible to an election to either branch of the General Assembly of this State so long as he shall be such president, director, or other officer, or agent, nor until the lapse of six months from the time at which he shall have ceased to be such president, director or other officer (p. 456). An attempt to lay this proposed section on the table was lost by a vote of 46-79. The section was then adopted by a vote of 70-57 and advanced to third reading, without amendment, by a vote of 67-57 (p. 456). Laid on the table by a vote of 79-47 (p. 465).

8. Ineligibility of Member of Constitutional Convention to Seats in congress. Nor shall any member of this Convention be eligible to a seat in Congress for the next five years after the adoption of the Constitution. (p. 456).

9. Ineligibility of Members of Constitutional Convention to Any Office Provided for in Constitution for Period of Five Years. - Provided, That no member of this convention shall be eligible to hold any office provided for in this Constitution until after the expiration of two years from the time of its adoption (p. 456). Rejected by a vote of 34-81.

10. Excluding Officers of Banks and Corporations from Seats in General Assembly. - Section. 36. No president, cashier, director, or other officer of any bank, banking, or other incorporated moneyed institution of this State, authorized or empowered by law to issue bills, notes, deal in bullion, coin, bills of exchange or promissory notes, shall be eligible to an election to the General Assembly during the time he holds such office, place or station, or acts as such officer. Adopted by a vote of 67-62 and engrossed for third reading by a vote of 66-62 (p. 466).

11. Holding More Than One Lucrative Office. Section 1. No person shall hold than one lucrative office at the same time, except as in this Constitution is expressly permitted: Provided, That counties casting less than one thousand votes may confer the offices of clerk, recorder, and auditor, or any two of said offices upon one person (p. 173). Reported by the committee on Tenure of Office on October 31. Laid on the table (p. 534).

12. Election of State Librarian. - Section 1. There shall be elected by the qualified voters of the State, a State Librarian, whose powers and duties shall be prescribed by law, and who shall hold his office two years, and until his successor be elected and qualified (p. 224). Reported by the Committee on State Officers on November 9.

13. Review of Election Contests by County Commissioners. - Section 1. The General Assembly shall provide by law for empowering boards of commissioners, in each county, to hear and determine all contested elections for the offices of members of the General Assembly, and for all county officers; and a mode by which appeals may be taken from the decisions of such boards to the circuit courts, and for empowering such boards and courts where justice cannot otherwise be done, to refer such contested elections back to the people (p. 797). Reported by the Committee on Elective Franchise on January 27. Laid on the table (p. 863).

14. Eligibility of Governor and Lieutenant-Governor to Office. - Sec. 26. Nothing in section second of this article shall be construed as to exclude a citizen of the United States or an elector in this State, who shall have attained the age of thirty years, from being eligible to the office of Governor or Lieutenant Governor (p. 550). Laid on the table.


Privileges and Immunities of Citizens 

The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

(i) PRIVILEGES AND IMMUNITIES OF CITIZENS.

1. Liability for Debt or Default. - Sec. 1. No man shall be held to answer for the debt, default, or miscarriage of any other person upon any contract entered into from and after the year 1860, except in cases where executors, administrators, guardians, trustees, and public officers are required to give bond and security, and where security is given to persons acting in a fiduciary capacity (p. 520). Reported by a select committee on December 24. Laid on the table. (p. 826).

2. Prohibiting special Privileges and Immunities. - Sec. - . All the members of the political State of Indiana shall have the same rights, privileges, and immunities, because one man is as good as another, if not a "leetle better" (p. 688). Referred to the Committee on Rights and Privileges.

3. Limitation on Recovery of Real Estate Adversely Held. - Sec. 2. The legislature shall by law make provision for limiting the right of action to recover real estate, where adversely held, to fifteen years - reserving the rights of married women, infants, insane persons, idiots, and persons not residing in the United States to a period not exceeding five years after the removal of such disability (p. 861). Rejected; reconsidered by a vote of 66-47, and rejected by a vote of 51-63 (p. 862).

4. Property Right of Resident and Non-Resident Aliens and their Residuary Legatees. - Sec. 1. Resident aliens shall have power to acquire real estate in this State the same as citizens, and shall also have power to dispose of their property, whether real or personal, within the jurisdiction of said State by testament, donation, or otherwise; and when a person dies intestate, whose heirs or representative are aliens, such representatives shall succeed to personal property the same as if they were not aliens, and the heirs, legatees, and distributees, of any such intestate shall succeed to all rights and privileges as such heirs, legatees, or distributees the same as if they were citizens of the United States: Provided, that if aliens residing in foreign countries become the owners of real estate in this State, by testament or descent, such aliens shall be allowed ten years to sell and dispose of the same, or to become citizens of the United States, and in default thereof, such real estate shall escheat to the State of Indiana for the use of common schools in the county where such real estate is situate (p. 764). Reported by a select committee on January 24. Laid on the table (p. 860).

5. Property Rights of Aliens. - Sec. 21. No distinction shall be made by law between resident aliens and citizens in the possession, enjoyment, or descent of property (p. 592).

6. Property Rights of Aliens. - Sec. 21. All real estate in this State, if not willed, shall descend to the heirs of the owner, whether residents, non-residents, or aliens (p. 529). Referred to a select committee of five with the following proposed amendment:

Foreigners who are, or who may hereafter become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and descent of property as native born citizens (p. 592).

7. Forced Sale of Property for Two-Thirds of its Value, Only. No law shall be passed subjecting real estate to sale under execution for less than two-thirds of its appraised value, nor personal property for less than one-half of its appraised value (p. 468). Laid on the table by a vote of 84-40.


Legislative Procedure

The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

(j) LEGISLATIVE PROCEDURE.

1. Legislative Committee of Revision. - The legislature shall provide by law for the election of a committee of revision to correct the phraseology of acts passed by the legislature, so as to conform to the constitution (p. 435). Laid on the table.

2. Speeches in French and German. That every Buncombe speech shall be made, not only in the English language, but also in German and French, so that all those belonging to either of the classes, may be prepared to judge for themselves, and not be dependent on interpreters for the information so requisite to enable them to come to correct conclusions. And all names commencing with "Mac," shall hereafter be rendered into good English (p. 436). Rejected.

3. Authorizing the Auditor and Treasurer to Debate Financial Questions on Floor of House. - The Auditor and Treasurer of State, by virtue of their office, may debate all questions of finance upon the floor of the House of Representatives but shall not vote (p. 460). Laid on the table.

4. Time Limitation on Introduction of Bills. - Sec. 29. No bill shall be introduced into either House of the General Assembly within thee days before the day of a general adjournment, and no bill shall be presented to the Governor for his approval on the day of a general adjournment, or on the next preceding day: Provided, however, That the legislature may, by a majority of two-thirds, introduce and pass any law within the last three days of the session (p. 551). Laid on the table.


Conclusion of the Government under the Constitution of 1816

The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

(k) CONCLUSION OF THE GOVERNMENT UNDER THE CONSTITUTION OF 1816.

1. Termination of Offices of Incumbents Under Constitution of 1816. - The Governor, Lieutenant Governor, Senators and Representatives shall continue in office until their successors are elected and qualified under this Constitution, and their successors shall be elected at the first general election under this Constitution, anything in this Constitution to the contrary notwithstanding (p. 920). Proposed by Mr. Walpole on February 5; referred to a select committee of ten.

2. Submission of Constitution and Certification of Election-

1st. This Constitution shall be submitted to the people for their adoption or rejection, at an election to be held for that purpose in the several counties of this State, on the first Monday in June, 1851. And there shall also be submitted for adoption or rejection, at the same time, the separate article in relation to the exclusion of "Negroes and Mulattoes and their colonization."

2d. The said election shall be by ballot, and shall be conducted according to the laws now in force in relation to the election of Governor, so far as applicable, and every person entitled to vote by the Constitution shall, on the first Monday in June, 1851, be entitled to vote for or against the adoption of this Constitution, and for or against the aforesaid article separately submitted; and they shall vote in the township in which they reside at the usual places of holding elections, and not elsewhere.

3d. Those voting against the adoption of this Constitution shall vote written or printed tickets in this form, "against the Constitution;" and those voting for the adoption of it, shall vote written or printed tickets in this form, "for the constitution." Those voting against the adoption of the separate article in relation to the exclusion of negroes and mulattoes and their colonization, shall vote a written or printed ticket in this form, "Against the Negro and Mulatto article;" and those voting in favor of adopting said article shall vote a written or printed ticket in this form, "for the exclusion of negro and mulattoes and their colonization."

4th. Poll books shall be kept, votes counted, and certified to the clerks of the different counties, and canvassed as in other elections. And the returns of the votes for the adoption and rejection of this Constitution, and for and against the said separate article submitted, shall be made by said clerks to the Secretary of State within -- days after said election; and said returns shall, within -- days thereafter, be examined and canvassed by the Auditor, Treasurer, and Secretary of State, or any two of them in the presence of the Governor and such persons as shall choose to attend; and proclamation shall be made by the Governor forthwith of the result of the election. If it shall appear that a majority of all the votes polled at such election were given for the adoption of this Constitution, it shall be the Constitution of the State of Indiana, from and after the 4th day July, 1851. But if it shall appear that a majority of all the votes polled were given against the Constitution, the same shall be null and void. If it shall further appear that a majority of all the votes polled shall have been given for the separate article in relation to the exclusion of Negroes and mulattoes and their colonization, then said article shall be and form a part of this Constitution, otherwise said article shall be null and void.

Should the Constitution be rejected and the separate article adopted, then the said article shall be ordained and established as an amendment to the Constitution of the State of Indiana, adopted in 1816.

Should this Constitution be adopted, there shall be a general election held in the townships of the several counties of this State on the 2d Tuesday in October, 1851, for the election of three Judges of the Supreme Court, a Judge and Prosecuting Attorneys for each of the Judicial Circuits, Auditor, Treasurer, and Secretary of State, Representatives to Congress, Clerk of the Supreme Court, and all other State and county officers, where election would have taken place on the 1st Monday in August, 1851, had there been no change in the Constitution of this State, the election canvass and return shall be governed by the existing law upon the subject of general elections.

It shall be the duty of the clerks of the Circuit Courts within ten days after said election to certify to the Secretary of State the result of the election held within his county for Judges of the Supreme and Circuit Courts, Auditor, Treasurer, Secretary of State, Prosecuting Attorneys, Clerk of the Supreme Court, Representatives to Congress, which returns shall be published as by law required in case of the election of Governor (pp. 874-75). Reported by the Committee on Miscellaneous Provisions on February 1. Laid on the table; subsequently taken from the table and referred to a select committee of ten (pp. 916-20). The committee recommended the adoption of sections 1 and 2; they were unable to agree on section 3; and recommended that the other sections be laid on the table (p. 952).


Miscellaneous Provisions

 The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

(l) MISCELLANEOUS PROVISIONS.

1. Fixing Number of Constitutional Delegates. - Section 7. If at any time hereafter a Convention shall be called, there shall not be elected more than fifty delegates to such Convention (p. 850). Laid on the table.

2. Qualifications to Practice Law, Medicine and Surgery. - Sec.2. All white male citizens of the age of twenty-one years and upwards, of good moral character shall be permitted to practice medicine and surgery, and law in the several courts of this State (p. 789). Laid on the table.

3. Punishment for Invasion of Friendly Foreign Soil. - Sec. --. Every person who shall unlawfully engage in any invasion of territory belonging to a foreign nation, with whom the United States are at peace, shall, on conviction of such offence, be ipso facto disfranchised, and incapable of holding any office of honor or trust thereafter, under this Constitution (p. 353). Rejected.

4. Divisions of Government. - Sec. 27. The government of Indiana shall be divided into three separate and distinct powers, each of which shall be confined to a separate and distinct 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 ever exercise any power or right properly belonging to either of the others, except as herein expressly granted (p. 550). Laid on the table.

5. Exempting Certain Townships From Uniform Operation of Laws. - Section 1. The provisions contained in this Constitution requiring uniform laws regulating township business, shall not affect the laws now in force regulating the mode of transacting business in the several townships in the counties of Dearborn, Switzerland, Ohio, Well, and Adam; but the General Assembly may, when deemed expedient, amend or repeal said laws (p. 877). Reported by the Committee on Miscellaneous Provisions on February 1. Laid on the table with a pending amendment to include Elkhart, LaGrange, Allen, Steuben, Jennings and Jackson counties (p. 893).

6. Agricultural and Educational Statistics. - Section 1. It shall be the duty of the General Assembly to provide by law that the county auditor, or other proper officer of the several counties, shall annually furnish to the Secretary of State a report of the agricultural productions of each county.

Sec. 2. It shall be the duty of the General Assembly to provide by law that the county auditor, or other proper officer of the several counties, shall annually furnish to the Secretary of State, a statement of the number of children who are instructed in the district and common schools, the number of district school houses, the amount of money applied to the purposes of such schools, and such other information as may be necessary in heard to common schools (p. 191). Reported on November 4 by the Committee on the Executive Department, after consideration of certain resolutions relative to the collection of statistical information or agriculture and education. Laid on the table, section 1 by a vote of 66-61 (pp. 594-95).

Amendments proposed and rejected: (1) Requiring biennial instead of annual reports. (2) Requiring a report in the year 1855, and every ten years thereafter, including also the number of inhabitants.

7. Prohibiting Licensing of Sale of Intoxicating Liquors. - Section -. The General Assembly shall not pass any act authorizing the grant of license for the sale of intoxicating liquors (p. 478). Reported by a majority of the select committee to whom was referred certain resolutions relative to the liquor traffic, on December 19. Laid on the table.

8. State Geological Survey. - Section. - . It shall be the duty of the General Assembly to provide by law, within five years after the adoption of this Constitution, for a thorough geological survey of the State (p. 544). Reported by a select committee who had been considering the subject of a geological survey of the state. Laid on the table (p. 827).