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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.

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

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

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 offence.

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

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

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

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

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.

22. The privilege of the debtor to enjoy the necessary comforts of life, shall be recognised 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.

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.

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

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

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

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.

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

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.

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

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

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

83. The military shall be kept in strict subordination to the civil power,

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

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

36. Emigration from the State shall not be prohibited.

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 II.—Suffrage and Election. Sec. 1. All elections shall be free and equal.

2. In all elections, not otherwise provided for by this constitution, every white male citizen of the United States, of the age of twentyone years and upwards, who shall have resided in the State during the six months immediately preceding such election; and every white male of foreign birth of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside.

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, seamen or marine have the right to vote.

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.

5. No negro or mulatto shall have the right of suffrage.

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.

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.

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.

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.

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.

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.

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

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.

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

ARTICLE III.—Distribution of Powers. Sec. 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 IV.Legislative. Sec. 1. The legislative authority of the State shall be vested in a General Assembly, which shall consist of a Senate and a Ilouse 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.

2. The Senate shall not exceed fifty, nor 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.

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 of 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.

4. The 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. 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.

6. A senatorial or representative district, where more than one county shall constitute à district, shall be composed of contiguous counties; and no county for senatorial apportionment shall ever be divided.

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 twentyone years of age.

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.

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.

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


be sitting. 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.

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 juurnal: Provided, that on a motion to adjourn, it shall require one-tenth of the members present to order the yeas and nays.

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.

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

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 behavior in its presence; but such imprisonment shall not at any time exceed twentyfour hours.

16. Each house shall have all powers necessary for a branch of the legislative department of a free and independent State.

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.

18. Every bill shall be read by sections on three several days in each house, unless, in case of 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 its 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.

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