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eligible to the office of sheriff more than four years, in any term of six years.

Sec. 26. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called the seal of the state of Indiana.

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Sec. 1. The judiciary power of this state, both as to matters of law and equity, shall be vested in one supreme court, in circuit courts, and in such other inferior courts as the general assembly may from time to time direct and establish.

Sec. 2. The supreme court shall consist of three judg: es, any two of whom shall form a quorum, and shall have appellate jurisdiction only, which shall be co-extensive with the limits of the state, under such restric. tions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law: Prorided nothing in this article shall be so construed as to prevent the general assembly from giving the supreme court original jurisdiction in capital cases, and cases in chancery, where the president of the circuit court may be interested or prejudiced.

Sec. 3. The circuit.courts shall each consist of a president, and two associate judges. The state shall be di vided by law into three circuits, for each of which a pre sident shall be appointed, who, during his continuance in office, shall reside therein. The president and as sociate judges, in their respective counties, shall have common law and chancery jurisdiction, as also complete criminal jurisdiction, in all such cases, and in such man. ner as may be prescribed by law, The president alone in the absence of the associate judges, or the president and one of the associate judges, in the absence of the other, shall be competent to hold a court, as also the two associate judges, in the absence of the president, shall be competent to hold a court, except in capital cases, and cases in chancery: Provided, That nothing herein contained shall prevent the general assembly from increasing the number of circuits, and presidents, as the exigencies of the state may from time to time require.

Sec. 4. The judges of the supreme court, the circuit,

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and other inferior courts, shall hold their offices during the term of seven years, if they shall so long behave well, and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance in office.

Sec. 5. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the state, as also the presidents of the circuit courts in their respective circuits, and the associate judges in their respective counties.

Sec. 6. The supreme court shall hold its sessions at the seat of government, at such times as shall be prescribed by law: And the circuit courts shall be held in the respective counties as may be directed by law.

Sec. 7. The judges of the supreme court shall be appointed by the governor, by and with the advice and consent of the senate. The presidents of the circuit courts, shall be appointed by joint ballot of both branches of the general assembly; and the associate judges of the circuit courts shall be elected by the qualified electors in the respective counties.

SEC. 8. The supreme court shall appoint its own clerk, and the clerks of the circuit court, in the several counties, shall be elected by the qualified electors in the several counties; but no person shall be eligible to the office of clerk of the circuit court in any county, unless he shall frst have obtained, from one or more of the judges of the supreme court, or from one or more of the presidents of the circuit courts, a certificate, that he is qualified to execute the duties of the office of clerk of the circuit court: Provided, That nothing herein contained shall prevent the circuit courts, in each county, from appointing a clerk pro tem, until a qualified clerk may be duly elected: And provided also, That the said clerks respectively, when qualified and elected, shall hold their offices seven years, and no longer, unless re-appointed.

SEC. 9. All clerks shall be removable by impeachment, as in other cases.

Sec. 10. When any vacancies happen in any of the courts, occasioned by the death, resignation, or removal from office, of any judge of the supreme or circuit courts, or any of the clerks of the said courts, a successor shall be appointed in the same manner as herein before prescribed, who shall hold his office for the period which his predecessor, had to serve, and no longer, unless reappointed.

Sec. 11. The style of all process shall be, The state of Indiana.” All prosecutions shall be carried on, in the name, and by the authority of the state of Indiana; and all indictments shall conclude, against the peace and dignity of the same. SEC. 12. A competent number of justices of the

peace shall be elected by the qualified electors in each township, in the several counties; and shall continue in office five years, if they shall so long behave well; whose

powers and duties shall, from time to time, be regulated and defined by law.

ARTICLE VI.

Sec. 1. In all elections, not otherwise provided for by this constitution, every white male citizen of the United States, of the age of twenty-one years and upwards, who has resided in the state one year immediately preceding such election, shall be entitled to vote, in the county where he resides; except such as shall be enlisted in the army of the United States, or their allies.

Sec. 2. All elections shall be by ballot: Provided, That the general assembly may, (if they deen it more expedient) at their session in eighteen hundred and twenty-one, change the mode, so as to vote vita voce; after which time it shall remain unalterable.

Sec. 3. Electors shall, in all cases, except treason, felony, or breach of the peace, be free from arrest, in going to, during their attendance at, and in returning home from elections.

Sec. 4. The general assembly shall have full power to exclude from electing or being elected, any person convicted of any infamous crime.

Sec. 5. Nothing in this article shall be so construed as to prevent citizens of the United states, who were actual residents at the time of adopting this constitution, and who, by the existing laws of this territory, are entitled to vote, or persons who have been absent from home on a visit, or necessary business, from the privilege of eJectors.

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ARTICLE. VII.

SEC. 1. The militia of the state of Indiana shall consist of all free able bodied male persons, negroes, mulate toes, and Indians excepted, resident in the said state, between the ages of eighteen and forty-five years; except such persons as now are, or hereafter may be, exempted by the laws of the United States, or of this state; and shall be armed, equipped, and trained, as the general assembly may provide by law.

Sec. 2. No person or persons conscientiously scrupulous of bearing arrrs, shall be compelled to do militia duty: Provided, Such person or persons shall pay an equivalent for such exemption: which equivalent shall be collected annually by a civil officer, and be hereafter fixed by law, and shall be equal, as near as may be, to the lowest fines assessed on those privates in the militia who may neglect or refuse to perform militia duty.

SEC. 3. Captains and subalterns shall be elected by those persons, in their respective company districts, who are subject to perform militia duty; and the captain of each company shall appoint the non-commissioned officers to said company:

Sec. 4. Majors shall be elected by those persons, within the bounds of their respective battallion districts, subject to perform militia duty: and colonels shall be elected by those persons, within the bounds of their respective regimental districts, subject to perform militia duty.

SEC. 5. Brigadier Generals shall be elected by the commissioned officers within the bounds of their respective brigades; and major generals shall be elected by the commissioned officers within the bounds of their respective divisions.

Sec. 6. Troops and squadrons of cavalry, and companies of artillery, reflemen, grenadiers, or light infantry, may be formed in the said state, in such

manner as shall be prescribed by law: Provided however, That every troop or squadron of cavalry, company of artillery, reflemen, grenadiers, or light tnfantry, which may hereafter be formed within the said state, shall elect their own offi

cers.

Sec. 7. The governor shall appoint the adjutant general and quarter master generals, as also his aids-de-camp.

Sec. 8. Major generals shall appoint their aids-decamp, and all other division staff oflicers; brigadier generals shall appoint their brigade majors, and all other brigade staff officers; and colonels shall appoint their regimental staft officers.

Sec. 9. All militia officers shall be commissioned by the governor, and shall hold their commissions during good behaviour, or until they shall arrive at the

age

of sixty years.

Sec. 10. The general assembly shall, by law, fix the method of dividing the militia of the said state into divisions, brigades, regiments, battallions and companies, and shah also fix the rank of all staff officers.

ARTICLE VIII.

Sec. 1. Every twelfth year after this constitution shall have taken effect, at the general election held for govCrnor, there shall be a poll opened, in which the qualified electors of the state, shall express, by vote, whether they are in favor of calling a convention or not; and if there should be à majority of all the votes given at such election, in favor of a convention, the governor shall inform the next general assembly thereof, whose duty it shall be, to provide by law, for the election of the members to the convention, the number thereof, and the time and place of their meeting: which law shall not be passed, unless-agreed to by a majority of all the members elected to both branches of the general assembly; and which convention when met, shall have it in their power to revise, amend, or change the constitution. But, as the holding any part of the human creation in slavery, or involuntary servi. tude, can only originate in usurpation and tyranny, no alteration of this constitution, shall ever take place so as to introduce slavery or involuntary servitude in this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted.

ARTICLE JX.

Sec. 1. Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government, and spreading the opportunities

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