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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.
2. The common school fund shall consist of the congressional township fund, and the lands belonging thereto;
The surplus revenue fund;
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 28th September, 1850, after deducting the expense of selecting and draining the same;
Taxes on the property of corporations that may be assessed for common school purposes.
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.
4. The General Assembly shall invest, in some safe and profitable manner, all such portions of the common school fund as have not heretofore been entrusted to the several counties; and shall make provision by law for the distribution among the several counties of the interest thereof.
5. If any county shall fail to demand its proportion of such interest for common school purposes, the same shall be reinvested for the benefit of such county.
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.
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.
8. The General Assembly shall provide for the election, by the voters of the State, of a state superintendent of public instruction, who shall hold his office for two years, and whose duties and compensation shall be prescribed by law.
ARTICLE IX.-State Institutions. Sec. 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.
2. The General Assembly shall provide houses of refuge for the correction and reformation of juvenile offenders.
3. The county boards shall have power to provide farms, as an asylum for those persons who, by reason of age, infirmity, of other misfortune, may have claims upon the sympathies and aid of society.
ARTICLE X-Finance. Sec. 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.
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.
3. No money shall be drawn from the treasury but in pursuance of appropriations made by law.
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.
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 the public defence.
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
company; nor shall the General Assembly ever on behalf of the State assume the debts of any county, city, town or township, nor of any corporation whatever.
ARTICLE XI.—Corporations. Sec. 1. The General Assembly shall not have power to estab. lish or incorporate any bank or banking company, or moneyed insti
tution, for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this constitution.
2. No banks shall be established otherwise than under a general banking law, except as provided in the fourth section of this article.
3. If the General Assembly shall enact a general banking law, such law shall provide for the registry and countersigning by an officer of State of all paper credit designed to be circulated as money, and ample collateral security, readily convertible into specie, for the redemption of the same in gold or silver, shall be required, which collateral security shall be under the control of the proper officer or officers of State.
4. The General Assembly may also charter a bank with branches without collateral security, as required in the preceding section.
5. If the General Assembly shall establish a bank with branches, the branches shall be mutually responsible for each other's liabilities upon all paper credit issued as money.
6. The stockholders in every bank or banking company shall be individually responsible to an amount over and above their stock, equal to their respective shares of stock, for all debts or liabilities of said bank or banking company.
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.
8. Holders of bank notes shall be entitled, in case of insolvency, to preference of payment over all other creditors.
9. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals loaning money.
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.
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 guarantied by unquestionable security.
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.
13. Corporations, other than banking, shall not be created by special act, but may be formed under general laws.
14. Dues from corporations, other than banking, shall be secured by such individual liability of the corporators, or other means, as may be prescribed by law.
ARTICLE XII.—Militia. Sec. 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.
2. The governor shall appoint the adjutant, quartermaster, and commissary generals.
3. All militia officers shall be commissioned by the governor, and shall hold their offices not longer than six years.
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.
5. The militia may be divided into classes of sedentary and active militia, in such manner as shall be prescribed by law.
6. No person conscientiously opposed to bearing arms shall be compelled to do militia duty ; but such person shall pay an equivalent for exemption, the amount to be prescribed by law.
ARTICLE XIII.--Negroes and Mulattoes. Sec. 1. No negro or mulatto shall come into, or settle in the State, after the adoption of this constitution.
2. All contracts made with any negro or mulatto coming into the State, contrary to the provision of the foregoing section, shall be void ; and any person who shall employ such negro or mulatto, or otherwise encourage him to remain in the State, shall be fined in any sum not less than ten dollars, nor more than five hundred dollars.
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.
4. The General Assembly shall pass laws to carry out the provisions of this article.
ARTICLE XIV.-Boundaries. Sec. 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 Miama 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 north-western 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.
2. The State of Indiana shall possess jurisdiction and sovereignty co-extensive with the boundaries declared in the preceding section; and shall have concurrent jurisdiction in civil and criminal cases with the State of Kentucky on the Ohio river, and with the State of Illinois on the Wabash river, so far as said rivers form the common boundary between this State and said states respectively.
ARTICLE XV.-Miscellaneous. Sec. 1. All officers whose appointment is not otherwise provided for in this constitution, shall be chosen in such manner as now is, or may hereafter be, prescribed by law.
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.
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.
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,
5. There shall be a seal of State kept by the governor for official purposes, which shall be called the seal of the State of Indiana.
6. All commissions shall issue in the name of the State, shall be. signed by the governor, sealed with the State seal, and attested by the secretary of State.
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.
8. No lottery shall be authorized, nor shall the sale of lottery tickets be allowed.
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.
10. It shall be the duty of the General Assembly to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground.