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of law. Justice shall be administered freely and without purchase; completely, and without denial; speedily, and without delay.
SEC. 13. 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.
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.
SEC. 15. No person, arrested or confined in jail, shall be treated with unneces sary rigor.
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.
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.
SEC. 18. The penal code shall be founded on the principles of reformation, and not of vindictive justice.
SEC. 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.
SEC. 20. In all civil cases the right of trial by jury shall remain inviolate.
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.
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.
.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.
SEC. 24. No ex post facto law, or law impairing the obligation of contract, shall ever be passed.
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.
SEC. 26. The operation of the laws shall never be suspended except by the authority of the General Assembly.
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.
SEC. 28. Treason against the State shall consist only in levying war against it, and giving aid and comfort to its enemies.
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.
SEC. 30. No conviction shall work corruption of blood or forfeiture of estate.
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.
SEC. 32. The people shall have a right to bear arms for the defense of themselves and the State.
SEC. 33. The military shall be kept in strict subordination to the civil
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.
SEC. 35. The General Assembly shall not grant any title of nobility, nor confer hereditary distinctions.
SEC. 36. Emigration from the State shall not be prohibited.
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.
SECTION 1. All elections shall be free and equal.
SEC. 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 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.1
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, seamen or marine, have the right to vote.
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.
SEC. 5. [Stricken out by constitutional amendment of March 24, 1881].2 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 ibe, threat or reward to procure his election.
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 of trust or profit.
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.
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
'Proposed by the general assembly of 1877; re-adopted by the general assembly of 1879; voted on at the election of April 5, 1880; held not adopted, in State v. Swift, May, 1880, for want of an affirmative majority of the vote cast at the election; re-submitted on March 14, 1881, and declared adopted on March 24, 1881. Amendments. were made at the same time and in the same manner to Article II, Sections 5 and 14: Article IV, Sections 4, 5 and 22; Article VII, Section 1; Article X, Section 7 and Article XIII. 2 See Note 1.
That counties containing less than one thousand polls may confer the office of Clerk, Recorder and Auditor, or any two of said offices upon the same person. 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.
SEC. 11. In all cases in which it is provided that an office shall not be filled by the same person more than a certain number of years continuously, an appointment pro tempore shall not be reckoned a part of that
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.
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. SEC. 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 or 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 regis tration of all persons entitled to vote.3
DISTRIBUTION OF POWERS.
The powers of the Government are divided into three separate department: 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.
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.
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.
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 elec tion: 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.
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 male inhabitants over the age of twenty-one years.4
SEC. 3. 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
See Note 1, p. 415.
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.5
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.
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.
SEC. S. 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, Lor 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.
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 Governor, the public welfare shall require it, he may, at any time, by proclamation, call a special session.
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.
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 to no compensation from the end of the said five days, until an organization shall have been effected.
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, it shall require one-tenth of the members present to order the yeas and nays.
SEC. 13. The doors of each House, and of Committees of the Whole, shall he kept open, except in such cases as, in the opinion of either House, may require secrecy.
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.
See Note 1, p. 415.
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 time, exceed twenty-four hours.
SEC. 16. Each House shall have all powers necessary for a branch of the legislative department of a free and independent State.
SEC. 17. Bills may originate in either House, but may be amended or rejected in the other, except that bills for raising revenues shall originate in the House of Representatives.
SEC. 18. Every bill shall be read by section, 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.
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.
SEC. 20. Every act and joint resolution shall be plainly worded, avoiding, as far as practicable, the use of technical terms.
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.
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 con
For the punishment of crimes and misdemeanors;
Regulating the practice in courts of justice;
Providing for changing the venue in civil and criminal cases;
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 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 com
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
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;6
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.
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.
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.
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.
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.
See Note 1, p. 415.