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facts, under the direction of the court, as in other cases.

Sec. 11. That all courts shall be open, and every person, for an injury done him, in his lands, goods, person, or reputation, shall have remedy by the due course of law; and right and justice administered without de. nial or delay.

Sec. 12. That no person arrested, or confined in jail, shall be treated with unnecessary rigour, or be put to answer any criminal charge but by presentment, indictment, or impeachment.

SEC. 13. That in all criminal prosecutions, the ac-, cused hath a right to be heard by bimself 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, to have compulsory process for obtaining witnesses in his favour; and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the county or district in which the offence shall have been committed; and shall not be compelled to give evidence against himself, nor shall be twice put in jeopardy for the same offence.

Sec. 14. That all persons shall be bailable by sufficient sureties, unless for capital offences, when the proof. is evident, or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion, the public safety may require it.

Sec. 15. Excessive bail shall not be required, exces. sive fines shall not be imposed, nor cruel and unusual punishments inflicted.

Sec. 16. All penalties shall be proportioned to the nature of the offence.

Sec. 17. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate, for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.

Sec. 18. No expost facto law, nor any law impairing the validity of contracts, shall ever be made, and no conviction shall work corruption of blood, nor forfeiture of estate.

Sec. 19. That the people have a right to assemble together, in a peaceable manner, to consult for their com



mon good, to instruct their representatives, and to apply to the legislature for redresss of grievances.

Sec. 20. That the people have a right to bear arms for the defence of themselves, and the state; and that the military shall be kept in strict subordination to the

civil power.

Sec. 21. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Sec. 22. That the legislature shall not grant any title of nobility, or hereditary distinctions, nor create any of fice, the appointment to which shall be for a longer term than good behaviour.

Sec. 23. That emigration from the state shall not be prohibited.

Sec. 24. To guard against any encroachments on the rights herein retained, we declare, that every thing in this article, is excepted out of the general powers of government, and shall forever remain inviolable.


The powers of the government of Indiana, shall be di. vided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit: Those which are legislative, to one; those which are exexutive to another; and thoswhich are judiciary, to auother: And no person, or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.


Sec. 1. The legislative authority of this state shall be rested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people.

Sec.*2 The general assembly may, within two years after their first meeting, and shall, in the year eighteen hundred and twenty, and every subsequent term of five years, cause an enumeration to be made of all the white

male inbabitants above the age of twenty-one years. The number of representatives shall

, at the several periods of making such enumeration, be fixed by the gene. ral assembly, and apportioned among the several counties, according to the number of white male inbabitants above twenty-one years of age, in each; and shall never be less than twenty-five nor greater than thirty-six, until the number of white male inhabitants above twentyone years of age, shall be twenty-two thousand; and after that event, at such ratio that the whole number of representatives shall never be less than thirty-six mor exceed one hundred.

Sec. 3. The representatives shall be chosen annually, by the qualified electors of each county, respectively, on the first Monday of August.

Sec. 4. No person shall be a representative, unless he shall have attained the age of twenty-one years; and shall be a citizen of the United States, and an inhabitant of this state; and shall also have resided within the limits of the county in which he shall be chosen, one year next preceding his election, if the county shall have been so long erected; but if not, then within the limits of the county or counties out of which it shall have been taken, unless he shall have been absent on the public business of the United States, or of this state, and shall have paid a state or county tax.

Sec. 5. The senators shall be chosen for three years, on the first Monday in August, by the qualified voters for representatives; and on their being convened, in consequence of the first election, they shall be divided by lot, from their respective counties or districts, as near as can be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the first year; and the second class at the expiration of the second year; and of the third class at the expiration of the third year; so that one-third thereof, as near as possible, may be annually chosen, forever thereafter.

SEC. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the general assembly, and apportioned among the several counties or districts, to be established by law according to the number of white male inbabitants of the age of twenty-one years in each, and shall never be

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less than one-third, nor more than one half of the number of representatives.

Sec. 7. No person shall be a senator unless he shall have attained the age of twenty-five years and shall be a citizen of the United States, and shall, next preceding the election, have resided two years in the state, the last twelve months of which, in the county or district in which he may be elected, if the county or district shall have been so long erected; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken; unless he shall have been absent on the public business of the United States, or of this state, and shall, moreover, have paid a state or county tax.

Sec. 8. The house of representatives, when assembled, shall choose a speaker, and its other officers: and the senate shall choose its officers, except the president; and each shall be judges of the qualifications and elections of its members, and sit upon its own adjournments. Two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members.

Sec. 9. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members, on any question sball, at the request of any two of them, be entered on the journals.

Sec. 10. Any one member of either house shall have liberty to dissent from, and protest against, any act or resolution, which he may think injurious to the public, or any individual or individuals, and have the reason of his dissent entered on the journals.

Sec. 11. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent state.

Sec. 12. When vacancies happen in either branch of the general assembly, the governor, or the person exercising the power of governor, shall issue writs of elections to fill such vacancies.

Sec. 13. Senators and representatives shall in all cases except treason, felony, or breach of the peace, be pri

vileged from arrest during the session of the general assembly, and in going to and returning from the same; and for any speech or debate in either house, they shalí not be questioned in any other place.

Sec. 14. Each house may punish, by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour in their presence; provided such imprisonment shall not, at any one time, exceed twenty-four hours.

Sec. 15. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as in the opinion of the house, may require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting.

Sec. 16. Bills may originate in either house, but may be altered, amended, or rejected, by the other.

Sec. 17. Every bill shall be read on three different days in each house, unless, in case of urgency, two-thirds of the house, where such bill may be depending, shall deem it expedient to dispense with this rule: And every bill, having passed both houses, shall be signed by the president and speaker of their respective houses.

Sec. 18. The style of the laws of this state shall be, “Be it enacted by the General Assembly of the State of Indiana."

Sec. 19. All bills for raising revenue shall originate in the bouse of representatives, but the senate ngay amend or reject, as in other bills.

Sec. 20. No person, holding any office under the authority of the president of the United States or of this state, militia officers excepted, shall be eligible to a seat in either branch of the general assembly, unless he resign his office previous to his election; nor shall any member of either branch of the general assembly, during the time for which he is elected, be eligible to any office, the appointment of which is vested in the general assembly: Provided, That nothing in this constitution shall be so construed as to prevent any member of the first session of the first general assembly from accepting any office that is created by this constitution, or the constitution of the United States, and the salaries of which are established.

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