This is ready to go JW 1.9.02 *** CSTART IN 11/01/1851 99/99/9999 *** CONSTITUTION OF INDIANA 1851 *** ASTART 9001.0 IN 1851 *** PREAMBLE *** SSTART 001.0 9001.0 0 IN 1851 *** To the end that justice be established, public order maintained, and liberty perpetuated: We, the people of the State of Indiana, grateful to Almighty God for the free exercise of the right to choose our own form of government, do ordain this Constitution. *** SEND *** *** AEND *** *** ASTART 001.0 IN 1851 *** ARTICLE I BILL OF RIGHTS *** SSTART 001.0 001.0 0 IN 1851 *** 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. *** SEND *** *** SSTART 002.0 001.0 0 IN 1851 *** SEC. 2. All men shall be secured in their natural right to worship Almighty God according to the dictates of their own consciences. *** SEND *** *** SSTART 003.0 001.0 0 IN 1851 *** SEC. 3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience. *** SEND *** *** SSTART 004.0 001.0 0 IN 1851 *** SEC. 4. No preference shall be given, by law, to any creed, religious society or mode of worship; and no man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. *** SEND *** *** SSTART 005.0 001.0 0 IN 1851 *** SEC. 5. No religious test; shall be required as a qualification for any office of trust or profit. *** SEND *** *** SSTART 006.0 001.0 0 IN 1851 *** SEC. 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution. *** SEND *** *** SSTART 007.0 001.0 0 IN 1851 *** SEC. 7. No person shall be rendered incompetent as a witness, in consequence of his opinion on matters of religion. *** SEND *** *** SSTART 008.0 001.0 0 IN 1851 *** SEC. 8. The mode of administering an oath or affirmation shall be such as may be most consistent with, and binding upon, the conscience of the person to whom such oath or affirmation may be administered. *** SEND *** *** SSTART 009.0 001.0 0 IN 1851 *** SEC. 9. No law shall be passed restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever; but for the abuse of that right every person shall be responsible. *** SEND *** *** SSTART 010.0 001.0 0 IN 1851 *** SEC. 10. In all prosecutions for libel, the truth of the matters alleged to be libelous may be given in justification. *** SEND *** *** SSTART 011.0 001.0 0 IN 1851 *** SEC. 11. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable search or seizure shall not be violated,and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized. *** SEND *** *** SSTART 012.0 001.0 0 IN 1851 *** SEC. 12. All courts shall be open; and every man, for injury done to him, in his person, property or reputation, shall have remedy by due course of law. Justice shall be administered freely and without purchase; completely, and without denial; speedily, and without delay. *** SEND *** *** SSTART 013.0 001.0 0 IN 1851 *** SEC. 13. In all criminal prosecutions the accused shall have the right to a public trial, by an impartial jury in the count 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. *** SEND *** *** SSTART 014.0 001.0 0 IN 1851 *** SEC. 14. No person shall be put in jeopardy twice for the same offense. No person, in any criminal prosecution, shall be compelled to testify against himself. *** SEND *** *** SSTART 015.0 001.0 0 IN 1851 *** SEC. 15. No person arrested, or confined in jail, shall be treated with unnecessary rigor. *** SEND *** *** SSTART 016.0 001.0 0 IN 1851 *** SEC. 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishment shall not be inflicted. All penalties shall be proportioned to the nature of the offense. *** SEND *** *** SSTART 017.0 001.0 0 IN 1851 *** SEC. 17. Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable when the proof is evident, or the presumption strong. *** SEND *** *** SSTART 018.0 001.0 0 IN 1851 *** SEC. 18. The penal code shall be founded on the principles of reformation, and not of vindictive justice. *** SEND *** *** SSTART 019.0 001.0 0 IN 1851 *** SEC. 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts. *** SEND *** *** SSTART 020.0 001.0 0 IN 1851 *** SEC. 20. In all civil cases the right of trial by jury shall remain inviolate. *** SEND *** *** SSTART 021.0 001.0 0 IN 1851 *** SEC. 21. No man's particular services shall be demanded without just compensation. No man's property shall be taken by law without just compensation; nor, except in case of the State, without such compensation first assessed and tendered. *** SEND *** *** SSTART 022.0 001.0 0 IN 1851 *** SEC. 22. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted, and there shall be no imprisonment for debt, except in case of fraud. *** SEND *** *** SSTART 023.0 001.0 0 IN 1851 *** SEC. 23. The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens. *** SEND *** *** SSTART 024.0 001.0 0 IN 1851 *** SEC. 24. No ex post facto law, or law impairing the obligation of contract, shall ever be passed. *** SEND *** *** SSTART 025.0 001.0 0 IN 1851 *** SEC. 25. No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution. *** SEND *** *** SSTART 026.0 001.0 0 IN 1851 *** SEC. 26. The operation of the laws shall never be suspended except by the authority of the General Assembly. *** SEND *** *** SSTART 027.0 001.0 0 IN 1851 *** SEC. 27. The privileges 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. *** SEND *** *** SSTART 028.0 001.0 0 IN 1851 *** SEC. 28. Treason against the State shall consist only in levying war against it, and giving aid and comfort to its enemies. *** SEND *** *** SSTART 029.0 001.0 0 IN 1851 *** SEC. 29. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or upon his confession in open court. *** SEND *** *** SSTART 030.0 001.0 0 IN 1851 *** SEC. 30. No conviction shall work corruption of blood or forfeiture of estate. *** SEND *** *** SSTART 031.0 001.0 0 IN 1851 *** SEC. 31. No law shall restrain any of the inhabitants of the State from assembling together, in a peaceable manner, to consult for their common good; nor from instructing their representatives; nor from applying to the General Assembly for redress of grievances. *** SEND *** *** SSTART 032.0 001.0 0 IN 1851 *** SEC. 32. The people shall have a right to bear arms for the defense of themselves and the State. *** SEND *** *** SSTART 033.0 001.0 0 IN 1851 *** SEC. 33. The military shall be kept in strict subordination to the civil power. *** SEND *** *** SSTART 034.0 001.0 0 IN 1851 *** SEC. 34. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war but in a manner to be prescribed by law. *** SEND *** *** SSTART 035.0 001.0 0 IN 1851 *** SEC. 35. The General Assembly shall not grant any title of nobility, nor confer hereditary distinction. *** SEND *** *** SSTART 036.0 001.0 0 IN 1851 *** SEC. 36. Emigration from the State shall not be prohibited. *** SEND *** *** SSTART 037.0 001.0 0 IN 1851 *** SEC. 37. There shall be neither slavery nor involuntary servitude, within the State, otherwise than for the punishment of crime, whereof the party shall have been duly convicted. No indenture of any negro or mulatto, made or executed out of the bounds of the State, shall be valid within the State. *** SEND *** *** AEND *** *** ASTART 002.0 IN 1851 *** ARTICLE II SUFFRAGE AND ELECTION *** SSTART 001.0 002.0 0 IN 1851 *** SECTION 1. All elections shall be free and equal *** SEND *** *** SSTART 002.0 002.0 0 IN 1851 *** SEC. 2. In all elections not otherwise provided for by this Constitution, every white male citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the State during the six months immediately preceding such election; and every white male, of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United Sates 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. *** SEND *** *** SSTART 003.0 002.0 0 IN 1851 *** SEC. 3. No soldier, seaman or marine, in the army or navy of the United States, or their allies, shall be deemed to have acquired a residence in this State in consequence of having been stationed within the same; nor shall any such soldier, seaman or marine, have the right to vote. *** SEND *** *** SSTART 004.0 002.0 0 IN 1851 *** SEC. 4. No person shall be deemed to have lost his residence in the State by reason of his absence either on business of the State or of the United States. *** SEND *** *** SSTART 005.0 002.0 0 IN 1851 *** SEC. 5. No Negro or Mulatto shall have the right of suffrage. *** SEND *** *** SSTART 006.0 002.0 0 IN 1851 *** SEC. 6. Every person shall be disqualified from holding office, during the term for which he may have been elected, who shall have given or offered a bribe, threat, or reward to procure his election. *** SEND *** *** SSTART 007.0 002.0 0 IN 1851 *** SEC. 7. Every person who shall give or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any office or trust or profit. *** SEND *** *** SSTART 008.0 002.0 0 IN 1851 *** SEC. 8. The General Assembly shall have power to deprive of the right of suffrage, and to render ineligible any person convicted of an infamous crime. *** SEND *** *** SSTART 009.0 002.0 0 IN 1851 *** SEC. 9. No person holding a lucrative office or appointment, under the United States, or under this State, shall be eligible to a seat in the General Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressly permitted: Provided, That offices in the militia, to which there is attached no annual salary, and the office of Deputy Postmaster, where the compensation does not exceed ninety dollars per annum, shall not be deemed lucrative; And provided, also, That counties containing less than one thousand polls may confer the office of Clerk, Recorder and Auditor, or any two of said office, upon the same person. *** SEND *** *** SSTART 010.0 002.0 0 IN 1851 *** SEC. 10. No person who may hereafter be a collector or holder of public moneys, shall be eligible to any office of trust or profit until he shall have accounted for and paid over, according to law, all sums for which he may be liable. *** SEND *** *** SSTART 011.0 002.0 0 IN 1851 *** SEC. 11. In all cases in which it is provided that, in 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. *** SEND *** *** SSTART 012.0 002.0 0 IN 1851 *** SEC. 12. In all cases, except treason, felony and breach of the peace, electors shall be free from arrest in going to elections, during their attendance there, and in returning from the same. *** SEND *** *** SSTART 013.0 002.0 0 IN 1851 *** SEC. 13. All elections by the people shall be by ballot, and all elections by the General Assembly, or by either branch thereof, shall be viva voce. *** SEND *** *** SSTART 014.0 002.0 0 IN 1851 *** SEC. 14. All general elections shall be held on the second Tuesday in October. *** SEND *** *** AEND *** *** ASTART 003.0 IN 1851 *** ARTICLE III DISTRIBUTION OP POWERS *** SSTART 001.0 003.0 0 IN 1851 *** 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. *** SEND *** *** AEND *** *** ASTART 004.0 IN 1851 *** ARTICLE IV LEGISLATIVE *** SSTART 001.0 004.0 0 IN 1851 *** SECTION 1. The Legislative authority of the State shall be vested in a General Assembly, which shall consist of a Senate and 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. *** SEND *** *** SSTART 002.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 003.0 004.0 0 IN 1851 *** SEC. 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 the one or the other of the two classes, as to keep them as nearly equal as practicable. *** SEND *** *** SSTART 004.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 005.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 006.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 007.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 008.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 009.0 004.0 0 IN 1851 *** SEC. 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 Govern the public welfare shall require it, he may, at any time, by proclamation, call a special session. *** SEND *** *** SSTART 010.0 004.0 0 IN 1851 *** SEC. 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 be sitting. *** SEND *** *** SSTART 011.0 004.0 0 IN 1851 *** SEC. 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 no compensation from the end of the said five days, until an organization shall have been effected. *** SEND *** *** SSTART 012.0 004.0 0 IN 1851 *** SEC. 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 a motion to adjourn, shall require one-tenth of the members present to order the yeas and nays. *** SEND *** *** SSTART 013.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 014.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 015.0 004.0 0 IN 1851 *** SEC. 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 one time, exceed twenty-four hours. *** SEND *** *** SSTART 016.0 004.0 0 IN 1851 *** SEC. 16. Each House shall have all powers necessary for a branch of the legislative department of a free and independent State. *** SEND *** *** SSTART 017.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 018.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 019.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 020.0 004.0 0 IN 1851 *** SEC. 20. Every act and joint resolution shall be plainly worded, avoiding, as far as practicable, the use of technical terms. *** SEND *** *** SSTART 021.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 022.0 004.0 0 IN 1851 *** SEC. 22. The General Assembly shall not pass local or special laws, 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. *** SEND *** *** SSTART 023.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 024.0 004.0 0 IN 1851 *** SEC. 24. Provisions may be made by general law, for bringing suits against the State, as to all liabilities originating after the adoption of this 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. *** SEND *** *** SSTART 025.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 026.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 027.0 004.0 0 IN 1851 *** SEC. 27. Every statute shall be a public law, unless otherwise declared in the statute itself. *** SEND *** *** SSTART 028.0 004.0 0 IN 1851 *** SEC. 28. No act shall take effect until the same shall have been published and circulated in the several counties of this State, by authority, except in case of emergency; which emergency shall be declared in the preamble or in the body of the law. *** SEND *** *** SSTART 029.0 004.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 030.0 004.0 0 IN 1851 *** SEC. 30. No Senator or Representative shall during the term for which he may have been elected, be eligible to any office, the electionto 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. *** SEND *** *** AEND *** *** ASTART 005.0 IN 1851 *** ARTICLE V EXECUTIVE *** SSTART 001.0 005.0 0 IN 1851 *** SECTION 1. The. executive powers, of the State shall be vested in a Governor. He shall hold his office during four years, and shall not be eligible more than four years in any period of eight years. *** SEND *** *** SSTART 002.0 005.0 0 IN 1851 *** SEC. 2. There shall be a Lieutenant Governor, who shall hold his office during four years. *** SEND *** *** SSTART 003.0 005.0 0 IN 1851 *** SEC. 3. The Governor and Lieutenant Governor shall be elected at the times and places of choosing members of the General Assembly. *** SEND *** *** SSTART 004.0 005.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 005.0 005.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 006.0 005.0 0 IN 1851 *** SEC. 6. Contested elections for Governor or Lieutenant Governor shall be determined by the General Assembly, in such manner as may be prescribed by law. *** SEND *** *** SSTART 007.0 005.0 0 IN 1851 *** SEC. 7. No person shall be eligible to the 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. *** SEND *** *** SSTART 008.0 005.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 009.0 005.0 0 IN 1851 *** SEC. 9. The official term of the Governor or 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. *** SEND *** *** SSTART 010.0 005.0 0 IN 1851 *** SEC. 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 then shall act as Governor; and such officer shall act accordingly until the disability be removed or a Governor be elected. *** SEND *** *** SSTART 011.0 005.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 012.0 005.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 013.0 005.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 014.0 005.0 0 IN 1851 *** SEC. 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 the 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. *** SEND *** *** SSTART 015.0 005.0 0 IN 1851 *** SEC. 15. The Governor shall transact all necessary business with the officers of Government, and may require any information in writing from the officers of the administrative department, upon any subject relating to the duties of their respective offices. *** SEND *** *** SSTART 016.0 005.0 0 IN 1851 *** SEC. 16. He shall take care that the laws be faithfully executed. *** SEND *** *** SSTART 017.0 005.0 0 IN 1851 *** SEC. 17. He shall have the power to grant reprieves, commutations and pardons, after conviction, for all offenses 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. *** SEND *** *** SSTART 018.0 005.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 019.0 005.0 0 IN 1851 *** SEC. 19. He shall issue writs of election to fill such vacancies as may have occurred in the General Assembly. *** SEND *** *** SSTART 020.0 005.0 0 IN 1851 *** SEC. 20. Should the seat of Government become dangerous from disease or a common enemy, he may convene the General Assembly at any other place. *** SEND *** *** SSTART 021.0 005.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 022.0 005.0 0 IN 1851 *** SEC. 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 be shall have been elected. *** SEND *** *** SSTART 023.0 005.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 024.0 005.0 0 IN 1851 *** SEC. 24. Neither the Governor nor Lieutenant Governor shall be eligible to any other office during the term for which he shall have been elected. *** SEND *** *** AEND *** *** ASTART 006.0 IN 1851 *** ARTICLE VI ADIMINISTRATIVE *** SSTART 001.0 006.0 0 IN 1851 *** SECTION 1. There shall be elected by the voters of the State, a Secretary, an 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. *** SEND *** *** SSTART 002.0 006.0 0 IN 1851 *** SEC. 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 than four years in any period of six years. *** SEND *** *** SSTART 003.0 006.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 004.0 006.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 005.0 006.0 0 IN 1851 *** SEC. 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 the respective offices, at the seat of' government. *** SEND *** *** SSTART 006.0 006.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 007.0 006.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 008.0 006.0 0 IN 1851 *** SEC. 8. All State, county, township, and town officers may be impeached, or removed from office, in such manner as may be prescribed by law. *** SEND *** *** SSTART 009.0 006.0 0 IN 1851 *** SEC. 9. Vacancies in county, township, and town offices shall be filled in such manner as may be prescribed by law. *** SSTART 010.0 006.0 0 IN 1851 *** SEC. 10. The General Assembly may confer upon the Boards doing county business in the several counties, powers of a local administrative character. *** SEND *** *** AEND *** *** ASTART 007.0 IN 1851 *** ARTICLE VII JUDICIAL *** SEND *** *** SSTART 001.0 007.0 0 IN 1851 *** 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. *** SEND *** *** SSTART 002.0 007.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 003.0 007.0 0 IN 1851 *** SEC. 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 Judge shall be elected by the electors of the State at large. *** SEND *** *** SSTART 004.0 007.0 0 IN 1851 *** SEC. 4. The Supreme Court shall have jurisdiction, co-extensive 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. *** SEND *** *** SSTART 005.0 007.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 006.0 007.0 0 IN 1851 *** SEC. 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 decision. *** SEND *** *** SSTART 007.0 007.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 008.0 007.0 0 IN 1851 *** SEC. 8. The Circuit Courts shall each consist of one judge, and shall have such civil and criminal jurisdiction as may be prescribed by law. *** SEND *** *** SSTART 009.0 007.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 010.0 007.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 011.0 007.0 0 IN 1851 *** SEC. 11. There shall be elected, in each judicial circuit, by the voters thereof, a prosecuting attorney, who shall hold his office for two years. *** SEND *** *** SSTART 012.0 007.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 013.0 007.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 014.0 007.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 015.0 007.0 0 IN 1851 *** SEC. 15. All judicial officers shall be conservators of the peace in their respective jurisdictions. *** SEND *** *** SSTART 016.0 007.0 0 IN 1851 *** SEC. 16. No person elected to any judicial office shall, during the terms for which he shall have been elected, be eligible to any office of trust or profit under the State, other than a judicial office. *** SEND *** *** SSTART 017.0 007.0 0 IN 1851 *** SEC. 17. The General Assembly may modify or abolish the Grand Jury system. *** SEND *** *** SSTART 018.0 007.0 0 IN 1851 *** SEC. 18. All criminal prosecutions shall be carried on in the name, and by the authority of the State; and the style of all processes shall be, "The State of Indiana." *** SEND *** *** SSTART 019.0 007.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 020.0 007.0 0 IN 1851 *** SEC. 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 all 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 the 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: *** SEND *** *** SSTART 021.0 007.0 0 IN 1851 *** SEC. 21. Every person of good moral character, being a voter, shall be entitled to a mission to practice law in all courts of justice. *** SEND *** *** AEND *** *** ASTART 008.0 IN 1851 *** ARTICLE VIII EDUCATION *** SSTART 001.0 008.0 0 IN 1851 *** 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. *** SEND *** *** SSTART 002.0 008.0 0 IN 1851 *** SEC. 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 from 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 28th of September, 1850, after deducting the expense of selecting and draining the same; Taxes on the property of corporations that may be assessed by the General Assembly for Common School purposes. *** SEND *** *** SSTART 003.0 008.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 004.0 008.0 0 IN 1851 *** SEC. 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 provisions, by law, for the distribution, among the several counties, of the interest thereof. *** SEND *** *** SSTART 005.0 008.0 0 IN 1851 *** SEC. 5. If any count shall fail to demand its proportion of such interest for Common School purposes, the same shall be reinvested for the benefit of such county. *** SEND *** *** SSTART 006.0 008.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 007.0 008.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 008.0 008.0 0 IN 1851 *** SEC. 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. *** SEND *** *** AEND *** *** ASTART 009.0 IN 1851 *** ARTICLE IX STATE INSTITUTIONS *** SSTART 001.0 009.0 0 IN 1851 *** 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. *** SEND *** *** SSTART 002.0 009.0 0 IN 1851 *** SEC. 2. The General Assembly shall provide Houses of Refuge for the correction and reformation of juvenile offenders. *** SEND *** *** SSTART 003.0 009.0 0 IN 1851 *** SEC. 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. *** SEND *** *** AEND *** *** ASTART 010.0 IN 1851 *** ARTICLE X FINANCE *** SSTART 001.0 010.0 0 IN 1851 *** 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. *** SEND *** *** SSTART 002.0 010.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 003.0 010.0 0 IN 1851 *** SEC. 3. No money shall be drawn from the Treasury but in pursuance of appropriations made by law. *** SEND *** *** SSTART 004.0 010.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 005.0 010.0 0 IN 1851 *** SEC. 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 debt; to repel invasion, suppress insurrection, or, if hostilities be threatened, provide for public defense. *** SEND *** *** SSTART 006.0 010.0 0 IN 1851 *** SEC. 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. *** SEND *** *** AEND *** *** ASTART 011.0 IN 1851 *** ARTICLE XI CORPORATIONS *** SSTART 001.0 011.0 0 IN 1851 *** 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, of bills payable to order or bearer, except under the conditions prescribed in this Constitution. *** SEND *** *** SSTART 002.0 011.0 0 IN 1851 *** SEC. 2. No banks shall be established otherwise than under a general banking law, except as provided in the fourth section of this article. *** SEND *** *** SSTART 003.0 011.0 0 IN 1851 *** SEC. 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 the State. *** SEND *** *** SSTART 004.0 011.0 0 IN 1851 *** SEC. 4. The General Assembly may also charter a bank with branches, without collateral security, as required in the preceding section. *** SEND *** *** SSTART 005.0 011.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 006.0 011.0 0 IN 1851 *** SEC. 6. The stockholders in every bank, or banking company, shall be individually responsible to an amount over and above their stock, for all debts or liabilities of said bank or banking company. *** SEND *** *** SSTART 007.0 011.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 008.0 011.0 0 IN 1851 *** SEC. 8. Holders of bank notes shall be entitled, in case of insolvency, to reference of payment over all other creditors. *** SEND *** *** SSTART 009.0 011.0 0 IN 1851 *** SEC. 9. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals loaning money. *** SEND *** *** SSTART 010.0 011.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 011.0 011.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 012.0 011.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 013.0 011.0 0 IN 1851 *** SEC. 13. Corporations, other than banking, shall not be created by special act, but may be formed under general laws. *** SEND *** *** SSTART 014.0 011.0 0 IN 1851 *** SEC. 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. *** SEND *** *** AEND *** *** ASTART 012.0 IN 1851 *** ARTICLE XII MILITIA *** SSTART 001.0 012.0 0 IN 1851 *** SECTTION 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. *** SEND *** *** SSTART 002.0 012.0 0 IN 1851 *** SEC. 2. The Governor shall appoint the Adjutant, Quartermaster and Commissary Generals. *** SEND *** *** SSTART 003.0 012.0 0 IN 1851 *** SEC. 3. All militia officers shall be commissioned by the Governor, and shall bold their offices not longer than six years. *** SEND *** *** SSTART 004.0 012.0 0 IN 1851 *** SEC. 4. The General Assembly shall determine the method of dividing the militia into divisions, brigades, regiments, battalions and companies, and fix the rank of all staff officers. *** SEND *** *** SSTART 005.0 012.0 0 IN 1851 *** SEC. 5. The militia may be divided into classes of sedentary and active militia in such manner as shall be prescribed by law. *** SEND *** *** SSTART 006.0 012.0 0 IN 1851 *** SEC. 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: *** SEND *** *** AEND *** *** ASTART 013.0 IN 1851 *** ARTICLE XIII *** SSTART 001.0 013.0 0 IN 1851 *** NEGROES AND MULATTOES SECTION 1. No Negro or Mulatto shall come into, or settle in the State, after the adoption of this Constitution. *** SEND *** *** SSTART 002.0 013.0 0 IN 1851 *** SEC. 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 persons 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. *** SEND *** *** SSTART 003.0 013.0 0 IN 1851 *** SEC. 3. All fines which may be collected for a violation of the provisions of this article, or of any law which may 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. *** SEND *** *** SSTART 004.0 013.0 0 IN 1851 *** SEC. 4. The general assembly shall pass laws to carry out the provisions of this article. *** SEND *** *** AEND *** *** ASTART 014.0 IN 1851 *** ARTICLE XIV BOUNDARIES *** SSTART 001.0 014.0 0 IN 1851 *** 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. *** SEND *** *** SSTART 002.0 014.0 0 IN 1851 *** SEC. 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. *** SEND *** *** AEND *** *** ASTART 015.0 IN 1851 *** ARTICLE XV MISCELLANEOUS *** SSTART 001.0 015.0 0 IN 1851 *** 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. *** SEND *** *** SSTART 002.0 015.0 0 IN 1851 *** SEC. 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 than four years. *** SEND *** *** SSTART 003.0 015.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 004.0 015.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 005.0 015.0 0 IN 1851 *** SEC. 5. There shall be a seal of the State, kept by the Governor for official purposes, which shall be called the Seal of the State of Indiana. *** SEND *** *** SSTART 006.0 015.0 0 IN 1851 *** SEC. 6. All commissions shall issue in the name of the State, shall be signed by the Governor, sealed by the State Seal, and attested by the Secretary of State. *** SEND *** *** SSTART 007.0 015.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 008.0 015.0 0 IN 1851 *** SEC. 8. No lottery shall be authorized, nor shall the sale of lottery tickets be allowed. *** SEND *** *** SSTART 009.0 015.0 0 IN 1851 *** SEC. 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. *** SEND *** *** SSTART 010.0 015.0 0 IN 1851 *** SEC. 10. It shall be the duty of the General Assembly to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground. *** SEND *** *** AEND *** *** ASTART 016.0 IN 1851 *** ARTICLE XVI AMENDMENTS *** SSTART 001.0 016.0 0 IN 1851 *** 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 the 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 said electors shall ratify the same, such amendment or amendments shall become a part of this Constitution. *** SEND *** *** SSTART 002.0 016.0 0 IN 1851 *** SEC. 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 such an amendment or amendments which shall have been agreed upon by one General Assembly shall be awaiting the action of the succeeding General Assembly, or of the electors, no additional amendment or amendments shall be proposed. *** SEND *** *** AEND *** *** ASTART 9003.0 IN 1851 *** SCHEDULE *** SSTART 001.0 9003.0 0 IN 1851 *** This Constitution, if adopted, shall take effect on the first day of November, in the year one thousand eight hundred and fifty-one, and shall supersede the Constitution adopted in the year one thousand eight hundred and sixteen. That no inconvenience may arise from the change in the government, it is hereby ordained as follows: First. All laws now in force, and not inconsistent with this Constitution, shall remain in force until they shall expire or be repealed. Second. All indictments, prosecutions, suits, pleas, plaints and other proceedings pending in any of the Courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari and injunctions shall be carried on in the several Courts, in the same manner as is now provided by law. Third. All fines, penalties and forfeitures, due or accruing to the State, or to any county therein, shall inure to the State, or to such county in the manner prescribed by law. All bonds executed to the State, or to any officer, in his official capacity, shall remain in force, and inure to the use of those concerned. Fourth. All acts of incorporation for municipal purposes shall continue in force under this Constitution, until such time as the General Assembly shall, in its discretion, modify or repeal the same. Fifth. The Governor, at the expiration of the present official term, shall continue to act until his successor shall have been sworn into office. Sixth. There shall be a session of the General Assembly, commencing on the first Monday of December, in the year one thousand eight hundred and fifty-one. Seventh. Senators now in office and holding over, under the existing Constitution, and such as may be elected at the next general election, and the Representatives then elected, shall continue in office until the first general election under this Constitution. Eighth. The first general election under this Constitution shall be held in the year one thousand eight hundred and fifty-two. Ninth. The first election for Governor, Lieutenant Governor, Judges of the Supreme Court and Circuit Courts, Clerk of the Supreme Court, Prosecuting Attorney, Secretary, Auditor, and Treasurer of State, and State Superintendent of Public Instruction, under this Constitution, shall be held at the general election in the year one thousand eight hundred and fifty-two; and such of said officers as may be in office when this Constitution shall go into effect, shall continue in their respective offices until their successors shall have been elected and qualified. Tenth. Every person elected by popular vote, and now in any office which is continued by this Constitution, and every person who shall be so elected to any such office before the taking effect of this Constitution (except as in this Constitution otherwise provided), shall continue in office until the term for which such person has been, or may be, elected, shall expire: Provided, That no such person shall continue in office after the taking effect of this Constitution, for a longer period than the term of such office in this Constitution prescribed. Eleventh. On the taking effect of this Constitution, all officers hereby continued in office shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this Constitution. Twelfth. All vacancies that may occur in existing offices prior to the first general election under this Constitution, shall be filled in the manner now prescribed by law. Thirteenth. At the time of submitting this Constitution to the electors for their approval or disapproval, the article numbered thirteen, in relation to negroes and mulattoes, shall be submitted as a distinct proposition, in the following form: "Exclusion and Colonization of Negroes and Mulattoes," "Aye," or "No." And if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this Constitution, otherwise it shall be void and form no part thereof. Fourteenth. No article or section of this Constitution shall be submitted as a distinct proposition to a vote of the electors otherwise than as herein provided. Fifteenth. Whenever a portion of the citizens of the counties of Perry and Spencer shall deem it expedient to form, of the contiguous territory of said counties, a new county, it shall be the duty of those interested in the organization of such new county, to lay off the same by proper metes and bounds of equal portions as nearly as practicable, not to exceed one-third of the territory of each of said counties. The proposal to create such new county shall be submitted to the voters of said counties, at a general election, in such manner as shall be prescribed by law. And if a majority of all the votes given at said election shall be in favor of the organization of said new county, it shall be the duty of the General Assembly to organize the same out of the territory thus designated. Sixteenth. The General Assembly may alter or amend the charter of Clarksville, and make such regulations as may be necessary for carrying into effect the objects contemplated in granting the same, and the funds belonging to said town said be applied according to the intention of the grantor. *** SEND *** *** AEND *** *** ASTART 9016.0 IN 1851 *** Done in Convention, at Indianapolis, the tenth day of February, in the year of our Lord, one thousand eight hundred and fifty-one; and of the independence of the United States, the seventy- fifth. GEORGE WHITFIELD CARR, President and Delegate from the County of Lawrence. *** AEND *** *** MSTART 001 007.0 010.0 0 IN 1851 1873 *** Ratified February 18, 1873; effective March 7, 1873 Section 7. No law or resolution shall ever be passed by the General Assembly of the State of Indiana, that shall recognize any liability of this State to pay or redeem any certificate of stock issued in pursuance of an act entitled "An Act to provide for the funded debt of the State of Indiana, and for the completion of the Wabash and Erie Canal to Evansville," passed January 19th, 1846; and an act supplemental to said act, passed January 29th, 1847, which, by the provisions of the said acts, or either of them, shall be payable exclusively from the proceeds of the canal lands, and the tolls and revenues of the canal, in said acts mentioned, and no such certificates or stocks shall ever be paid by this State. *** MEND *** *** MSTART 002 002.0 002.0 0 IN 1851 1881 *** Ratified March 14, 1881; effective March 24, 1881 Section 2. In all elections not otherwise provided for by this Constitution, every 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, and in the township sixty days, and in the ward or precinct thirty days immediately preceding such election; and every 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, and in the township sixty days, and in the ward or precinct thirty days, 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, if he shall have been duly registered according to law. *** MEND *** *** MSTART 003 005.0 002.0 0 IN 1851 1881 *** Ratified March 14, 1881; effective March 24, 1881 Section 5. REPEALED *** MEND *** *** MSTART 004 014.0 002.0 0 IN 1851 1881 *** Ratified March 14, 1881; effective March 24, 1881 Section 14. All general elections shall be held on the first Tuesday after the first Monday in November, but township elections may be held at such time as may be provided by law: Provided, That the General Assembly may provide by law for the election of all Judges of courts of general and appellate jurisdiction, by an election to be held for such officers only, at which time no other officer shall be voted for; and shall also provide for the registration of all persons entitled to vote. *** MEND *** *** MSTART 005 004.0 004.0 0 IN 1851 1881 *** Ratified March 14, 1881; effective March 24, 1881 Section 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 male inhabitants over the age of twenty-one years. *** MEND *** *** MSTART 006 005.0 004.0 0 IN 1851 1881 *** Ratified March 14, 1881; effective March 24, 1881 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 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. *** MEND *** *** MSTART 007 022.0 004.0 0 IN 1851 1881 *** Ratified March 14, 1881; effective March 24, 1881 Section 22. The General Assembly shall not pass local or special laws, 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 lay 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 empaneling grand and petit jurors, 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: except that the laws may be so made as to grade the compensation of officers in proportion to the population and the necessary services required; 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. *** MEND *** *** MSTART 008 001.0 007.0 0 IN 1851 1881 *** Ratified March 14, 1881; effective March 24, 1881 Section 1. The judicial power of the State shall be vested in a Supreme Court, Circuit Court and such other courts as the General Assembly may establish. *** MEND *** *** MSTART 009 001.0 013.0 0 IN 1851 1881 *** Ratified March 14, 1881; effective March 24, 1881 Section 1. No political or municipal corporation in this State shall ever become indebted, in any manner or for any purpose to an amount, in the aggregate, exceeding two per centum on the value of the taxable property within such corporation, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness; and all bonds or obligations, in excess of such amount, given by such corporations, shall be void: Provided, That in time of war, foreign invasion, or other great public calamity, on petition of a majority of the property owners in number and value, within the limits of such corporation, the public authorities, in their discretion, may incur obligations necessary for the public protection and defense to such amount as may be requested in such petition. *** MEND *** *** MSTART 010 002.0 013.0 0 IN 1851 1881 *** Ratified March 14, 1881; effective March 24, 1881 Section. 2. REPEALED *** MEND *** *** MSTART 011 003.0 013.0 0 IN 1851 1881 *** Ratified March 14, 1881; effective March 24, 1881 Section 3. REPEALED *** MEND *** *** MSTART 012 004.0 013.0 0 IN 1851 1881 *** Ratified March 14, 1881; effective March 24, 1881 Section 4. REPEALED *** MEND *** *** MSTART 013 002.0 002.0 0 IN 1851 1881 *** Ratified September 6, 1921; effective September 13, 1921 Section 2. In all elections not otherwise provided for by this Constitution, every 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, and in the township sixty days, and in the ward or precinct thirty days immediately preceding such election, shall be entitled to vote in the township or precinct where he or she may reside. *** MEND *** *** MSTART 014 021.0 007.0 0 IN 1851 1932 *** Ratified November 8, 1932 Section 21. REPEALED *** MEND *** *** MSTART 015 008.0 010.0 0 IN 1851 1932 *** Ratified November 8, 1932 Section 8. The general assembly may levy and collect a tax upon income, from whatever source derived, at such rates, in such manner, and with such exemptions as may be prescribed by law. *** MEND *** *** MSTART 016 001.0 012.0 0 IN 1851 1936 *** Ratified November 3, 1936; effective December 14, 1936 Section 1. The militia shall consist of all able-bodied 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. *** MEND *** *** MSTART 017 006.0 011.0 0 IN 1851 1940 *** Ratified November 5, 1940 Section 6. REPEALED *** MEND *** *** MSTART 018 010.0 011.0 0 IN 1851 1940 *** Ratified November 5, 1940 Section 10. REPEALED *** MEND *** *** MSTART 019 014.0 011.0 0 IN 1851 1940 *** Ratified November 5, 1940 Section 14. Dues from corporations shall be secured by such individual liability of the stockholders, or other means, as may be prescribed by law. *** MEND *** *** MSTART 020 002.0 006.0 0 IN 1851 1952 *** Ratified November 4, 1952 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, Recorder, Treasurer, Coroner and Surveyor shall continue in office four years; and no person shall be eligible to the officer of Clerk, Auditor, Recorder, Treasurer, or Coroner more than eight years in any period of twelve years: Provided, That the Treasurer of each county re-elected at the general election in 1952 shall continue in office until January 1, 1957 and shall not be eligible for re-election to the office of County Treasurer at the general election in 1956. *** MEND *** *** MSTART 021 011.0 007.0 0 IN 1851 1952 *** Ratified November 4, 1952 Section 11. There shall be elected in each judicial circuit by the voters thereof a prosecuting attorney, who shall hold his office for four years, and whose term of office shall begin on the first day of January next succeeding his election. The election of prosecuting attorneys under this section shall be held at the time of holding the general election in the year 1954 and each four years thereafter: Provided, That any such officer whose term is abridged by virtue of this section shall continue to serve until January 1, 1959. *** MEND *** *** MSTART 022 019.0 004.0 0 IN 1851 1960 *** Ratified November 6, 1960 Section 19. Every act, amendatory act or amendment of a code 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, amendatory act or amendment of a code, which shall not be expressed in the title, such act amendatory actor or amendment of a code shall be void only as to so much thereof as shall not be expressed in the title. The requirements of this paragraph shall not apply to original enactments of codifications of laws. Every amendatory act and every amendment of a code shall identify the original act or code, as last amended, and the sections or subsections amended shall be set forth and published at full length. The identification required by this paragraph may be made by citation reference. *** MEND *** *** MSTART 023 021.0 004.0 0 IN 1851 1960 *** Ratified November 8, 1960 Section 21. REPEALED *** MEND *** *** MSTART 024 009.0 007.0 0 IN 1851 1960 *** Ratified November 8, 1960 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 have been duly admitted to practice law by the Supreme Court of Indiana; he shall hold his office for the term of six years, if he so long behave well. *** MEND *** *** MSTART 025 001.0 010.0 0 IN 1851 1966 *** Ratified November 8, 1966 Section 1. (a) The General Assembly shall provide, by law, for a uniform and equal rate of property assessment and taxation and shall prescribe regulations to secure a just valuation for taxation of all property, both real and personal. The General Assembly may exempt from property taxation any property in any of the following classes: (1) Property being used for municipal, educational, literary, scientific, religious or charitable purposes; (2) Tangible personal property other than property being held for sale in the ordinary course of a trade or business, property being held, used or consumed in connection with the production of income, or property being held as an investment; (3) Intangible personal property. (b) The General Assembly may exempt any motor vehicles, mobile homes, airplanes, boats, trailers or similar property, provided that an excise tax in lieu of the property tax is substituted therefor. *** MEND *** *** MSTART 026 002.0 016.0 0 IN 1851 1966 *** Ratified November 8, 1966 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. *** MEND *** *** MSTART 027 009.0 004.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 9. The sessions of the General Assembly shall be held at the capitol of the State, commencing on the Tuesday next after the second Monday in January of each year in which the General Assembly meets 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. The length and frequency of the sessions of the General Assembly shall be fixed by law. SCHEDULE If at the time these amendments become effective, the General Assembly has not fixed the length of time in days of the legislative session by law, any regular session of the General Assembly held thereafter and until the length and frequency of such sessions are fixed by law, shall begin from the date specified in Section 9 of Article 4 of this Constitution and shall continue for not more than sixty-one (61) session days. A session day is defined as any day in which either House of the General Assembly convenes. The Speaker of the House acting jointly with the President of the Senate, or if there be no President, the President Pro-Tem of the Senate, jointly may recess or adjourn a session for any period of time not to exceed twenty-one (21) days, during which time various standing committees of both Houses may meet at the call of the respective committee chairmen. No regular legislative session of the General Assembly may extend beyond the 30th day of April of the year in which it is convened. *** MEND *** *** MSTART 028 029.0 004.0 0 IN 1851 1970 *** Ratified November 3, 1970 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. *** MEND *** *** MSTART 029 001.0 006.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 1. There shall be elected, by the voters of the state, a Secretary, an Auditor and a Treasurer of State, who shall, severally, hold their offices for four 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 eight years in any period of twelve years. *** MEND *** *** MSTART 030 001.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 1. Judicial Power. The judicial power of the State shall be vested in one Supreme Court, one Court of Appeals, Circuit Courts, and such other courts as the General Assembly may establish. *** MEND *** *** MSTART 031 002.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 2. Supreme Court. The Supreme Court shall consist of the Chief Justice of the State and not less than four nor more than eight associate justices; a majority of whom shall form a quorum. The court may appoint such personnel as may be necessary. *** MEND *** *** MSTART 032 003.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 3. Chief Justice. The Chief Justice of the State shall be selected by the judicial nominating commission from the members of the Supreme Court and he shall retain that office for a period of five years, subject to reappointment in the same manner, except that a member of the Court may resign the office of Chief Justice without resigning from the Court. During a vacancy in the office of Chief Justice caused by absence, illness, incapacity or resignation all powers and duties of that office shall devolve upon the member of the Supreme Court who is senior in length of service and if equal in length of service the determination shall be by lot until such time as the cause of the vacancy is terminated or the vacancy is filled. The Chief Justice of the State shall appoint such persons as the General Assembly by law may provide for the administration of his office. The Chief Justice shall have prepared and submit to the General Assembly regular reports on the condition of the courts and such other reports as may be requested. *** MEND *** *** MSTART 033 004.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 4. The Supreme Court shall have no original jurisdiction except in admission to the practice of law; discipline or disbarment of those admitted; the unauthorized practice of law; discipline, removal and retirement of justices and judges; supervision of the exercise of jurisdiction by the other courts of the State; and issuance of writs necessary or appropriate in aid of its jurisdiction. The Supreme Court shall exercise appellate jurisdiction under such terms and conditions as specified by rules except that appeals from a judgment imposing a sentence of death, life imprisonment or imprisonment for a term greater than ten years shall be taken directly to the Supreme Court. The Supreme Court shall have, in all appeals of criminal cases, the power to review all questions of law and to review and revise the sentence imposed. *** MEND *** *** MSTART 034 005.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 5. Court of Appeals. The Court of Appeals shall consist of as many geographic districts and sit at such locations as the General Assembly shall determine to be necessary. Each geographic district of the Court shall consist of three judges. The judges of each geographic district shall appoint such personnel as the General Assembly may provide by law. *** MEND *** *** MSTART 035 006.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 6. Jurisdiction of Court of Appeals. The Court shall have no original jurisdiction, except that it may be authorized by rules of the Supreme Court to review directly decisions of administrative agencies. In all other cases, it shall exercise appellate jurisdiction under such terms and conditions as the Supreme Court shall specify by rules which shall, however, provide in all cases an absolute right to one appeal and to the extent provided by rule, review and revision of sentences for defendants in all criminal cases. *** MEND *** *** MSTART 036 007.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 7. Judicial Circuits. 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 have been duly admitted to practice law by the Supreme Court of Indiana; he shall hold his office for the term of six years, if he so long behaves well. *** MEND *** *** MSTART 037 008.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 8. Circuit Courts. The Circuit Courts shall have such civil and criminal jurisdiction as may be prescribed by law. *** MEND *** *** MSTART 038 009.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 9. Judicial Nominating Commission. There shall be one judicial nominating commission for the Supreme Court and Court of Appeals. This commission shall, in addition, be the commission on judicial qualifications for the Supreme Court and Court of Appeals. The judicial nominating commission shall consist of seven members, a majority of whom shall form a quorum, one of whom shall be the Chief Justice of the State or a Justice of the Supreme Court whom he may designate, who shall act as chairman. Those admitted to the practice of law shall elect three of their number to serve as members of said commission. All elections shall be in such manner as the General Assembly may provide. The Governor shall appoint to the commission three citizens, not admitted to the practice of law. The terms of office and compensation for members of a judicial nominating commission shall be fixed by the General Assembly. No member of a judicial nominating commission other than the Chief Justice or his designee shall hold any other salaried public office. No member shall hold an office in a political party or organization. No member of the judicial nominating commission shall be eligible for appointment to a judicial office so long as he is a member of the commission and for a period of three years thereafter. *** MEND *** *** MSTART 039 010.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 10. Selection of Justices of the Supreme Court and Judges of the Court of Appeals. A vacancy in a judicial office in the Supreme Court or Court of Appeals shall be filled by the Governor, without regard to political affiliation, from a list of three nominees presented to him by the judicial nominating commission. If the Governor shall fail to make an appointment from the list within sixty days from the day it is presented to him, the appointment shall be made by the Chief Justice or the acting Chief Justice from the same list. To be eligible for nomination as a justice of the Supreme Court or Judge of the Court of Appeals, a person must be domiciled within the geographic district, a citizen of the United States, admitted to the practice of law in the courts of the State for a period of not less than ten (10) years or must have served as a judge of a circuit, superior or criminal court of the State of Indiana for a period of not less than five (5) years. *** MEND *** *** MSTART 040 011.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 11. Tenure of Justices of Supreme Court and Judges of the Court of Appeals. A justice of the Supreme Court or Judge of the Court of Appeals shall serve until the next general election following the expiration of two years from the date of appointment, and subject to approval or rejection by the electorate, shall continue to serve for terms of ten years, so long as he retains his office. In the case of a justice of the Supreme Court, the electorate of the entire state shall vote on the question of approval or rejection. In the case of judges of the Court of Appeals the electorate of the geographic district in which he serves shall vote on the question of approval or rejection. Every such justice and judge shall retire at the age specified by statute in effect at the commencement of his current term. Every such justice or judge is disqualified from acting as a judicial officer, without loss of salary, while there is pending (1) an indictment or information charging him in any court in the United States with a crime punishable as a felony under the laws of Indiana or the United States, or (2) a recommendation to the Supreme Court by the commission on judicial qualifications for his removal or retirement. On recommendation of the commission on judicial qualifications or on its own motion, the Supreme Court may suspend such justice or judge from office without salary when in any court in the United States he pleads guilty or no contest or is found guilty of a crime punishable as a felony under the laws of Indiana or the United States, or of any other crime that involves moral turpitude under that law. If his conviction is reversed, suspension terminates and he shall be paid his salary for the period of suspension. If he is suspended and his conviction becomes final the Supreme Court shall remove him from office. On recommendation of the commission on judicial qualifications the Supreme Court may (1) retire such justice or judge for disability that seriously interferes with the performance of his duties and is or is likely to become permanent, and (2) censure or remove such justice or judge, for action occurring not more than six years prior to the commencement of his current term, when such action constitutes willful misconduct in office, willful and persistent failure to perform his duties, habitual intemperance, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute. A justice or judge so retired by the Supreme Court shall be considered to have retired voluntarily. A justice or judge so removed by the Supreme Court is ineligible for judicial office and pending further order of the Court he is suspended from practicing law in this State. Upon receipt by the Supreme Court of any such recommendation, the Court shall hold a hearing, at which such justice or judge is entitled to be present, and make such determinations as shall be required. No justice shall participate in the determination of such hearing when it concerns himself. The Supreme Court shall make rules implementing this section and provide for convening of hearings. Hearings and proceedings shall be public upon request of the justice or judge whom it concerns. No such justice or judge shall, during his term of office, engage in the practice of law, run for elective office other than a judicial office, directly or indirectly make any contribution to, or hold any office in, a political party or organization or take part in any political campaign. *** MEND *** *** MSTART 041 012.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 12. Substitution of Judges. 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. *** MEND *** *** MSTART 042 013.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 13. Removal of Circuit Court Judges and Prosecuting Attorneys. Any Judge of the Circuit Court 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. *** MEND *** *** MSTART 043 014.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 14. Judges of the Supreme and Appellate Courts holding office at the time this article is adopted shall continue in office as a judge of the appropriate court and district, as if appointed thereto, until the expiration of their elected or appointed term. At the general election immediately preceding expiration of their term, these judges shall have their names submitted to the voters under the provisions of Section 11 or Article 7. *** MEND *** *** MSTART 044 015.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 15. No Limitation on Term of Office. The provisions of Article 15, Section 2, prohibiting terms of office longer than four years, shall not apply to justices and judges. *** MEND *** *** MSTART 045 016.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 16. Prosecuting Attorneys. There shall be elected in each judicial circuit by the voters thereof a prosecuting attorney, who shall have been admitted to the practice of law in this State before his election, who shall hold his office for four years, and whose term of office shall begin on the first day of January next succeeding his election. The election of prosecuting attorneys under this section shall be held at the time of holding the general election in the year 1974 and each four years thereafter. *** MEND *** *** MSTART 046 017.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 17. Grand Jury. The General Assembly may modify, or abolish, the grand jury system. *** MEND *** *** MSTART 047 018.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 18. Criminal Prosecutions. 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." *** MEND *** *** MSTART 048 019.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 19. Pay. The Justices of Supreme Court and Judges of the Court of Appeals and of the Circuit Courts shall at stated times receive a compensation which shall not be diminished during their continuance in office. *** MEND *** *** MSTART 049 020.0 007.0 0 IN 1851 1970 *** Ratified November 3, 1970 Section 20. All superior, criminal, juvenile, probate, municipal, city and magistrates courts in existence immediately prior to the taking effect of this amendment shall remain in existence after the taking effect of this amendment, and all laws relating to such courts or governing the organization, jurisdiction, or proceedings thereof which are in effect immediately prior to the taking effect of this amendment shall remain in effect unless and until such courts are abolished or altered or such laws repealed or amended by an act of the General Assembly pursuant to this amendment. All judges of superior, criminal, juvenile, probate, and municipal courts holding office immediately prior to the taking effect of this amendment shall continue in office as judges of such courts until the expiration of such term of office, and in no event shall any court be abolished prior to the expiration of the term of office for which the judge thereof was elected or appointed prior to the taking effect of this amendment. *** MEND *** *** MSTART 050 001.0 005.0 0 IN 1851 1972 *** Ratified November 7, 1972 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 than eight years in any period of twelve years. *** MEND *** *** MSTART 051 014.0 005.0 0 IN 1851 1972 *** Ratified November 7, 1972 Section 14. (a) Every bill which shall have passed the General Assembly shall be presented to the Governor. The Governor shall have seven days after the day of presentment to act upon such bill as follows: (1) He may sign it, in which event it shall become a law. (2) He may veto it: (A) In the event of a veto while the General Assembly is in session, he shall return such bill, with his objections, within seven days of presentment, to the House in which it originated, which House shall enter the objection at large upon its journals and proceed to reconsider the bill. If, after such reconsideration, a majority of all the member elected to that House shall approve 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 such bill is not so returned by the Governor within seven days of presentment, the bill becomes a law notwithstanding the veto. (B) In the event of a veto after final adjournment of a session of the General Assembly, or during a temporary adjournment of a session, such bill shall be returned by the Governor to the House in which it originated on the first day that the General Assembly is in session after such adjournment, which House shall proceed in the same manner as with a bill vetoed before adjournment. If such bill is not so returned, it shall be a law notwithstanding such veto. (3) He may refuse to sign or veto such bill in which event it shall become a law without his signature on the eighth day after presentment to the Governor. Every bill presented to the Governor which is signed by him or on which he fails to act within said seven days after presentment shall be filed with the Secretary of State within ten days of presentment. The failure to so file shall not prevent such a bill from becoming a law. In the event a bill is passed over the Governor's veto, such bill shall be filed with the Secretary of State without further presentment to the Governor: Provided, That, in the event of such passage over the Governor's veto in the next succeeding General Assembly, the passage shall be deemed to have been the action of the General Assembly which initially passed such bill. *** MEND *** *** MSTART 052 008.0 008.0 0 IN 1851 1972 *** Ratified November 7, 1972 Section 8. There shall be a State Superintendent of Public Instruction, whose method of selection, tenure, duties and compensation shall be prescribed by law. SCHEDULE. The tenure of both the incumbent and the Superintendent of Public Instruction- elect at the time this amendment is ratified by the electors of this state shall not be changed. All laws not in conflict with this amendment shall remain in full force and effect until repealed or amended. *** MEND *** *** MSTART 053 019.0 004.0 0 IN 1851 1974 *** Ratified November 5, 1974 Section 19. An act, except an act for the codification, revision or rearrangement of laws, shall be confined to one subject and matters properly connected therewith. *** MEND *** *** MSTART 054 004.0 005.0 0 IN 1851 1974 *** Ratified November 5, 1974 Section 4. Each candidate for Lieutenant Governor shall run jointly in the general election with a candidate for Governor, and his name shall appear jointly on the ballot with the candidate for Governor. Each vote cast for a candidate for Governor shall be considered cast for the candidate for Lieutenant Governor as well. The candidate for Lieutenant Governor whose name appears on the ballot jointly with that of the successful candidate for Governor shall be elected Lieutenant Governor. *** MEND *** *** MSTART 055 005.0 005.0 0 IN 1851 1974 *** Ratified November 5, 1974 Section 5. In the event of a tie vote, the Governor and Lieutenant Governor shall be elected from the candidates having received the tie vote by the affirmative vote in joint session of a majority of the combined membership of both Houses as the first order of business after their organization. *** MEND *** *** MSTART 056 001.0 012.0 0 1851 1974 *** Ratified November 5, 1974 Section 1. A militia shall be provided and shall consist of all persons over the age of seventeen (17) years, except those persons who may be exempted by the laws of the United States or of this state. The militia may be divided into active and inactive classes and consist of such military organizations as may be provided by law. *** MEND *** *** MSTART 057 002.0 012.0 0 IN 1851 1974 *** Ratified November 5, 1974 Section 2. The Governor is Commander-in-Chief of the militia and other military forces of this state. *** MEND *** *** MSTART 058 003.0 012.0 0 IN 1851 1974 *** Ratified November 5, 1974 Section 3. There shall be an Adjutant General, who shall be appointed by the Governor. *** MEND *** *** MSTART 059 004.0 012.0 0 IN 1851 1974 *** Ratified November 5, 1974 Section 4. No person, conscientiously opposed to bearing arms, shall be compelled to do so in the militia. *** MEND *** *** MSTART 060 005.0 012.0 0 IN 1851 1974 *** Ratified November 5, 1974 Section 5. REPEALED *** MEND *** *** MSTART 061 006.0 012.0 0 IN 1851 1974 *** Ratified November 5, 1974 Section 6. REPEALED *** MEND *** *** MSTART 062 002.0 002.0 0 IN 1851 1976 *** Ratified November 2, 1976 Section 2. Every citizen of the United States, of the age of eighteen (18) years or more, who has been a resident of the precinct thirty (30) days immediately preceding such election, shall be entitled to vote in the precinct where he or she may reside. *** MEND *** *** MSTART 063 011.0 006.0 0 IN 1851 1976 *** Ratified November 2, 1976 Section 11. The term of office of each sheriff shall be four years beginning upon the first day of January next following his election and there shall be no limitation placed upon the number of consecutive terms a person may serve as sheriff. *** MEND *** *** MSTART 064 010.0 005.0 0 IN 1851 1978 *** Ratified November 7, 1978 Section 10. (a) In case the Governor-elect fails to assume office, or in case of the death or resignation of the Governor or his removal from office, the Lieutenant Governor shall become Governor and hold office for the unexpired term of the person whom he succeeds. In case the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall discharge the powers and duties of the office as Acting Governor. (b) Whenever there is a vacancy in the office of Lieutenant Governor, the Governor shall nominate a Lieutenant Governor who shall take office upon confirmation by a majority vote in each house of the general assembly and hold office for the unexpired term of the person whom he succeeds. If the general assembly is not in session, the Governor shall call it into special session to receive and act upon the Governor's nomination. In the event of the inability of the Lieutenant Governor to discharge the powers and duties of his office, the General Assembly may provide by law for the manner in which a person shall be selected to act in his place and declare which powers and duties of the office such person shall discharge. (c) Whenever the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as Acting Governor. Thereafter, when the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office. (d) Whenever the President pro tempore of the Senate and the Speaker of the House of Representatives file with the Supreme Court a written statement suggesting that the Governor is unable to discharge the powers and duties of his office, the Supreme Court shall meet within forty-eight hours to decide the question and such decision shall be final. Thereafter, whenever the Governor files with the Supreme Court his written declaration that no inability exists, the Supreme Court shall meet within forty-eight hours to decide whether such be the case and such decision shall be final. Upon a decision that no inability exists, the Governor shall resume the powers and duties of his office. (e) Whenever there is a vacancy in both the office of Governor and Lieutenant Governor, the general assembly shall convene in joint session forty-eight hours after such occurrence and elect a Governor from and of the same political party as the immediately past Governor by a majority vote of each house. *** MEND *** *** MSTART 065 001.0 001.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 1. WE DECLARE, That all people are created equal; that they are endowed by their CREATOR with certain inalienable 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. *** MEND *** *** MSTART 066 002.0 001.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 2. All people shall be secured in the natural right to worship ALMIGHTY GOD, according to the dictates of their own consciences. *** MEND *** *** MSTART 067 004.0 001.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 4. No preference shall be given, by law, to any creed, religious society, or mode of worship; and no person shall be compelled to attend, erect, or support, any place of worship, or to maintain any ministry, against his consent. *** MEND *** *** MSTART 068 012.0 001.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 12. All courts shall be open; and every person, 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. *** MEND *** *** MSTART 069 021.0 001.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 21. No person's particular services shall be demanded, without just compensation. No person's property shall be taken by law, without just compensation; nor, except in case of the State, without such compensation first assessed and tendered. *** MEND *** *** MSTART 070 037.0 001.0 0 IN 1851 1984 *** Ratified November 6, 1984 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. *** MEND *** *** MSTART 071 002.0 002.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 2. Every citizen of the United States, of the age of eighteen (18) years or more, who has been a resident of a precinct thirty (30) days immediately preceding such election, shall be entitled to vote in that precinct. *** MEND *** *** MSTART 072 003.0 002.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 3. No member of the armed forces 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 person have the right to vote. *** MEND *** *** MSTART 073 007.0 002.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 7. REPEALED *** MEND *** *** MSTART 074 009.0 002.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 9. No person holding a lucrative office or appointment under the United States or under this State is eligible to a seat in the General Assembly; and no person may hold more than one lucrative office at the same time, except as expressly permitted in this Constitution. Offices in the militia to which there is attached no annual salary shall not be deemed lucrative. *** MEND *** *** MSTART 075 002.0 004.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 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 districts into which the State may, from time to time, be divided. *** MEND *** *** MSTART 076 003.0 004.0 0 IN 1851 1984 *** Ratified November 6, 1984 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. One half of the Senators, as nearly as possible, shall be elected biennially. *** MEND *** *** MSTART 077 004.0 004.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 4. The General Assembly may provide by law for the filling of such vacancies as may occur in the General Assembly. *** MEND *** *** MSTART 078 005.0 004.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 5. The General Assembly elected during the year in which a federal decennial census is taken shall fix by law the number of Senators and Representatives and apportion them among districts according to the number of inhabitants in each district, as revealed by that federal decennial census. The territory in each district shall be contiguous. *** MEND *** *** MSTART 079 006.0 004.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 6. REPEALED *** MEND *** *** MSTART 080 007.0 004.0 0 IN 1851 1984 *** Ratified November 6, 1984 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 district whence he may be chosen. Senators shall be at least twenty-five, and Representatives at least twenty-one years of age. *** MEND *** *** MSTART 081 009.0 004.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 9. The sessions of the General Assembly shall be held at the capitol of the State, commencing on the Tuesday next after the second Monday in January of each year in which the General Assembly meets 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. The length and frequency of the sessions of the General Assembly shall be fixed by law. *** MEND *** *** MSTART 082 018.0 004.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 18. Every bill shall be read, by title, on three several days, in each House; unless, in case of emergency, two-thirds of the House where such bill may be pending shall, by a vote of yeas and nays, deem it expedient to dispense with this rule; but the reading of a bill, by title, 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. *** MEND *** *** MSTART 083 022.0 004.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 22. The General Assembly shall not pass local or special laws: Providing 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; Providing 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 empaneling 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; Providing for the assessment and collection of taxes for State, county, township, or road purposes; Providing for the support of common schools, or the preservation of school funds; Relating to fees or salaries, except that the laws may be so made as to grade the compensation of officers in proportion to the population and the necessary services required; Relating 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. *** MEND *** *** MSTART 084 024.0 004.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 24. Provision may be made, by general law, for bringing suit against the State; but no special law authorizing such suit to be brought, or making compensation to any person claiming damages against the State, shall ever be passed. *** MEND *** *** MSTART 085 012.0 005.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 12. The Governor shall be commander-in-chief of the armed forces, and may call out such forces, to execute the laws, or to suppress insurrection, or to repel invasion. *** MEND *** *** MSTART 086 013.0 005.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 13. The Governor 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. *** MEND *** *** MSTART 087 016.0 005.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 16. The Governor shall take care that the laws are faithfully executed. *** MEND *** *** MSTART 088 017.0 005.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 17. The Governor may grant reprieves, commutations, and pardons, after conviction, for all offenses except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, the Governor may suspend the execution of the sentence, until the case has been 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. The Governor may remit fines and forfeitures, under such regulations as may be provided 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 were made, and the several amounts remitted; provided, however, the General Assembly may, by law, constitute a council composed of officers of State, without whose advice and consent the Governor may not grant pardons, in any case, except those left to his sole power by law. *** MEND *** *** MSTART 089 019.0 005.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 19. REPEALED *** MEND *** *** MSTART 090 020.0 005.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 20. Should the seat of government become dangerous from disease or a common enemy, the Governor may convene the General Assembly at any other place. *** MEND *** *** MSTART 091 002.0 006.0 0 IN 1851 1984 *** Ratified November 6, 1984 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, who shall, severally, hold their offices for four years; and no person shall be eligible to the office of Clerk, Auditor, Recorder, Treasurer, Sheriff, or Coroner more than eight years in any period of twelve years. *** MEND *** *** MSTART 092 004.0 006.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 4. No person shall be elected, or appointed, as a county officer, who is not an elector of the county and who has not been an inhabitant of the county one year next preceding his election or appointment. *** MEND *** *** MSTART 093 011.0 006.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 11. REPEALED *** MEND *** *** MSTART 094 014.0 007.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 14. REPEALED *** MEND *** *** MSTART 095 020.0 007.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 20. REPEALED *** MEND *** *** MSTART 096 008.0 008.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 8. There shall be a State Superintendent of Public Instruction, whose method of selection, tenure, duties and compensation shall be prescribed by law. *** MEND *** *** MSTART 097 001.0 009.0 0 IN 1851 1984 *** Ratified November 6, 1984 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, the mute, and the blind; and for the treatment of the insane. *** MEND *** *** MSTART 098 002.0 009.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 2. The General Assembly shall provide institutions for the correction and reformation of juvenile offenders. *** MEND *** *** MSTART 099 003.0 009.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 3. The counties may 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. *** MEND *** *** MSTART 100 012.0 011.0 0 IN 1851 1984 *** Ratified November 6, 1984 Section 12. The state shall not be a stockholder in any bank; nor shall the credit of the State ever be given, or loaned, in aid of any person, association or corporation; nor shall the State become a stockholder in any corporation or association. *** MEND *** *** MSTART 101 001.0 9003.0 0 IN 1851 1984 *** Ratified November 6, 1984 SCHEDULE Whenever a portion of the citizens of the counties of Perry and Spencer, shall deem it expedient to form, of the contiguous territory of said counties, a new County, it shall be the duty of those interested in the organization of such new county, to lay off the same, by proper metes and bounds, of equal portions as nearly as practicable, not to exceed one-third of the territory of each of said counties. The proposal to create such new county shall be submitted to the voters of said counties, at a general election, in such manner as shall be prescribed by law. And if a majority of all the votes given at said election, shall be in favor of the organization of said new county, it shall be the duty of the General Assembly to organize the same, out of the territory thus designated. The General Assembly may alter or amend the charter of Clarksville, and make such regulations as may be necessary for carrying into effect the objects contemplated in granting the same; and the funds belonging to said town shall be applied, according to the intention of the grantor. *** MEND *** *** MSTART 102 004.0 007.0 0 IN 1851 1988 *** Ratified November 8, 1988 Section 4. The Supreme Court shall have no original jurisdiction except in admission to the practice of law; discipline or disbarment of those admitted; the unauthorized practice of law; discipline, removal and retirement of justices and judges; supervision of the exercise of jurisdiction by the other courts of the State; and issuance of writs necessary or appropriate in aid of its jurisdiction. The Supreme Court shall exercise appellate jurisdiction under such terms and conditions as specified by rules except that appeals from a judgment imposing a sentence of death, life imprisonment or imprisonment for a term greater than fifty years shall be taken directly to the Supreme Court. The Supreme Court shall have, in all appeals of criminal cases, the power to review all questions of law and to review and revise the sentence imposed. *** MEND *** *** MSTART 103 000.0 015.0 0 IN 1851 1988 *** Ratified November 8, 1988 Section 8. REPEALED *** MEND *** *** MSTART 104 014.0 005.0 0 IN 1851 1990 *** Ratified November 6, 1990 Section 14. (a) Every bill which shall have passed the General Assembly shall be presented to the Governor. The Governor shall have seven days after the day of presentment to act upon such bill as follows: (1) He may sign it, in which event it shall become a law. (2) He may veto it: (A) In the event of a veto while the General Assembly is in session, he shall return such bill, with his objections, within seven days of presentment, to the House in which it originated. If the Governor does not return the bill within seven days of presentment, the bill becomes a law notwithstanding the veto. (B) If the Governor returns the bill under clause (A), the House in which the bill originated shall enter the Governor's objections at large upon its journals and proceed to reconsider and vote upon whether to approve the bill. The bill must be reconsidered and voted upon within the time set out in clause (C). If, after such reconsideration and vote, a majority of all the members elected to that House shall approve the bill, it shall be sent, with the Governor's objections, to the other House, by which it shall likewise be reconsidered and voted upon, and, if approved by a majority of all the members elected to that House, it shall be a law. (C) If the Governor returns the bill under clause (A), the General Assembly shall reconsider and vote upon the approval of the bill before the final adjournment of the next regular session of the General Assembly that follows the regular or special session in which the bill was originally passed. If the House in which the bill originated does not approve the bill under clause (B), the other House is not required to reconsider and vote upon the approval of the bill. If, after voting, either House fails to approve the bill within this time, the veto is sustained. (D) In the event of a veto after final adjournment of a session of the General Assembly, such bill shall be returned by the Governor to the House in which it originated on the first day that the General Assembly is in session after such adjournment, which House shall proceed in the same manner as with a bill vetoed before adjournment. The bill must be reconsidered and voted upon within the time set out in clause (C). If such bill is not so returned, it shall be a law notwithstanding such veto. (3) He may refuse to sign or veto such bill in which event it shall become a law without his signature on the eighth day after presentment to the Governor. (b) Every bill presented to the Governor which is signed by him or on which he fails to act within said seven days after presentment shall be filed with the Secretary of State within ten days of presentment. The failure to so file shall not prevent such a bill from becoming a law. (c) In the event a bill is passed over the Governor's veto, such bill shall be filed with the Secretary of State without further presentment to the Governor, provided that, in the event of such passage over the Governor's veto in the next succeeding General Assembly, the passage shall be deemed to have been the action of the General Assembly which initially passed such bill. *** MEND *** *** MSTART 105 013.0 001.0 0 IN 1851 1996 *** Ratified November 4, 1996 Section 13. (a) 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. (b) Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity, and respect throughout the criminal justice process; and, as defined by law, to be informed of and present during public hearings and to confer with the prosecution, to the extent that exercising these rights does not infringe upon the constitutional rights of the accused. *** MEND *** *** MSTART 106 012.0 011.0 0 IN 1851 1996 *** Ratified November 5, 1996 Section 12. The State shall not be a stockholder in any bank; nor shall the credit of the State ever be given, or loaned, in aid of any person, association or corporation; nor shall the State become a stockholder in any corporation or association. However, the General Assembly may by law, with limitations and regulations, provide that prohibitions in this section do not apply to a public employee retirement fund. *** MEND *** *** MSTART 107 002.0 002.0 0 IN 1851 1998 *** Ratified November 3, 1998 Section 2. (a) A citizen of the United States who is at least eighteen (18) years of age and who has been a resident of a precinct thirty (30) days immediately preceding an election may vote in that precinct at the election. (b) A citizen may not be disenfranchised under subsection (a), if the citizen is entitled to vote in a precinct under subsection (c) or federal law. (c) The General Assembly may provide that a citizen who ceases to be a resident of a precinct before an election may vote in a precinct where the citizen previously resided if, on the date of the election, the citizen's name appears on the registration rolls for the precinct. *** MEND *** *** MSTART 108 003.0 002.0 0 IN 1851 1998 *** Section 3. REPEALED *** MEND *** *** MSTART 109 014.0 002.0 0 IN 1851 1998 *** Ratified November 3, 1998 Section 14. (a) General elections shall be held on the first Tuesday after the first Monday in November. (b) The General Assembly may provide by law for the election of all judges of courts of general and appellate jurisdiction, by an election to be held for such officers only, at which time no other officer shall be voted for. (c) The General Assembly shall provide for the registration of all persons entitled to vote. *** MEND *** *** MSTART 110 005.0 006.0 0 IN 1851 1998 *** Ratified November 3, 1998 Section 5. (a) The Governor, and the Secretary, Auditor, and Treasurer of State, shall severally keep the public records, books, and papers, in any manner relating to their respective offices, at the seat of government. (b) The Governor shall reside at the seat of government. *** MEND *** *** MSTART 111 001.0 016.0 0 IN 1851 1998 *** Ratified November 3, 1998 Section 1. (a) An amendment to this Constitution may be proposed in either branch of the General Assembly. If the amendment is agreed to by a majority of the members elected to each of the two houses, the proposed amendment 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. (b) If, in the General Assembly so next chosen, the proposed amendment is agreed to by a majority of all the members elected to each House, then the General Assembly shall submit the amendment to the electors of the State at the next general election. (c) If a majority of the electors voting on the amendment ratify the amendment, the amendment becomes a part of this Constitution. *** MEND *** *** CEND ***