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present powers and duties, until the second Monday of February, one thousand eight hundred and fifty-two. No suit or proceeding, pending in any of the courts of this state, shall be affected by the adoption of this constitution.
5. The register and receiver of the land office, directors of the penitentiary, directors of the benevolent institutions of the state, the state librarian, and all other officers, not otherwise provided for in this constitution, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office, until their terms expire, respectively, unless the general assembly shall otherwise provide.
6. The superior and commercial courts of Cincinnati, and the superior court of Cleveland, shall remain, until otherwise provided by law, with their present powers anil jurisdiction; and the judges and clerks of said courts, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office, until the expiration of their terms of office, respectively, or until otherwise provided by law; but neither of said courts shall continue after the second Monday of February, one thousand eight hundred and fifty-three; and no suit shall be commenced in said two first-mentioned courts, after the second Monday of February, one thousand eight hundred and fifty-two, nor in said last-mentioned court, after the second Monday in August, one thousand eight hundred and fifty-two; and all business in either of said courts, not disposed of within the time limited for their continuance as aforesaid, shall be transferred to the court of common pleas.
7. All county and township officers and justices of the peace, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until their terms expire, respectively.
8. Vacancies in office, occurring after the first day of September, one thousand eight hundred and fifty-one, shall be filled, as is now prescribed by law, and until officers are elected or appointed, and qualified under this constitution.
9. This constitution shall take effect on the first day of September, one thousand eight hundred and fifty-one.
10. All officers shall continue in office, until their successors shall be chosen and qualified.
11. Suits pending in the supreme court in banc, shall be transferred to the supreme court, provided for in this constitution, and be proceeded in according to aw.
12. The district courts shall, in their respective counties, be the successors of the present supreme court; and all suits, prosecutions, judgments, records, and proceedings, pending and remaining in said supreme court, in the several counties of any district, shall be transferred to the respective district courts of such counties, and be proceeded in, as though no change had been made in said supreme court.
13. The said courts of common pleas, shall be the successors of the present courts of common pleas in the several counties, except as to probate jurisdiction; and all suits, prosecutions, proceedings, records, and judgments, pending or being in said last-mentioned courts, except as aforesaid, shall be transferred to the courts of common pleas created by this constitution, and proceeded in, as though the same had been therein instituted.
14. The probate courts provided for in this constitution, as to all matters within the jurisdiction conferred upon said courts, shall be the successors, in the several counties, of the present courts of common pleas; and the records, files, and papers, business and proceedings, appertaining to said jurisdiction, shall be transferred to said courts of probate, and be there proceeded in, according to law.
15. Until otherwise provided by law, elections for judges and clerks shall be held, and the poll books returned, as is provided for governor, and the abstract therefrom, certified to the secretary of state, shall be by him opened, in the presence of the governor, who shall declare the result, and issue commissions to the persons elected.
16. Where two or more counties are joined in a senatorial, representative, or judicial district, the returns of elections shall be sent to the county having the largest population.
17. The foregoing constitution shall be submitted to the electors of the state, at an election to be held on the third Tuesday of June, one thousand eight hundred and fifty-one, in the several election districts of this state. The ballots at such election shall be written or printed as follows: Those in favour of the constitution, “New Constitution, Yes;" those against the constitution, "New Constitution, No." The polls at the said election shall be opened between the hours of eight and ten o'clock, A. M., and closed at six o'clock, P. M.; and the said election shall be conducted, and the returns thereof made and certified, to the secretary of state, as provided by law for annual elections of state and county officers. Within twenty days after such election, the secretary of state shall open the returns thereof, in the presence of the governor; and if it shall appear that a majority of all the votes, east at such election, are in favour of the constitution, the governor shall issue his proclamation, stating that fact, and said constitution shall be the constitution of the state of Ohio, and not otherwise.
18. At the time when the votes of the electors shall be taken for the adoption or rejection of this constitution, the additional section, in the words following, to wit: "No license to traffic in intoxicating liquors shall hereafter be granted in this state ; but the general assembly may, by law, provide against evils resulting thereform, shall be separately submitted to the electors for adoption or rejection, in form following, to wit: A separate ballot may be given by every elector and deposited in a separate box. Upon the ballots given for said separate amendment shall be written or printed, or partly written and partly printed, the words : " License to sell intoxicating liquors, Yes;" and upon the ballots given against said amendment, in like manner, the words : " License to sell intoxicating liquors, No.” If, at the said eleetion, a majority of all the votes given for and against said amendment, shall contain the words: "License to sell intoxicating liquors, No," then the said amendment shall be a separate section of article fifteen of the constitution.
19. The apportionment for the house of representatives, during the first decennial period under this constitution, shall be as follows:
The counties of Adams, Allen, Athens, Auglaize, Carroll, Champaign, Clark, Clinton, Crawford, Darke, Delaware, Erie, Vayette, Gallia, Geauga, Greene, Hancock, Harrison, Hocking, Holmes, Lake, Lawrence, Logan, Madison, Marion, Meigs, Morrow, Perry, Pickaway, Pike, Preble, Sandusky, Scioto, Shelby, and Únion, shall, severally, be entitled to one representative, in each session of the decennial period.
The counties of Franklin, Licking, Montgomery, and Stark, shall each be entitled to two representatives, in each session of the decennial period.
The counties of Ashland, Coshockton, Highland, Huron, Lorain, Mahoning, Me dina, Miami, Portage, Seneca, Summit, and Warren, shall, severally, be entitled to one representative, in each session, and one additional representative, in the fifth session of the decennial period.
The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guernsey, Jefferson, Knox, Monroe, Morgan, Richland, Trumbull, Tuscarawas, and Washington, shall, severally, be entitled to one representative, in each session, and two additional representatives, one in the third, and one in the fourth session, of the decennial period.
The counties of Belmont, Columbiana, Ross, and Wayne, shall, severally, be entitled to one representative, in each session; and three additional representatives, one in the first, one in the second, and one in the third session, of each decennial period.
The county of Muskingum shall be entitled to two representatives, in each session; and one additional representative, in the fifth session of the decennial period.
The county of Cuyahoga shall be entitled to two representatives, in each session; and two additional representatives, one in the third, and one in the fourth session, of the decennial period.
The county of Hamilton shall be entitled to seven representatives, in each session; and four additional representatives, one in the first, one in the second, one in the third, and one in the fourth session, of the decennial period.
The following counties, until they shall have acquired a sufficient population to entitle them to elect, separately, under the fourth section of the eleventh article, shall form districts in manner following, to wit: The counties of Jackson and Vinton, one district; the counties of Lucas and Fulton, one district; the counties of Wyan. dot and Hardin, one district; the counties of Mercer and Van Wert, one district; the counties of Paulding, Defiance, and Williams, one district; the counties of Putnam and Henry, one district; and the counties of Wood and Ottawa, one district; each of which districts shall be entitled to one representative, in every session of the decennial period.
Done in convention, at Cincinnati, the tenth day of March, in the year of our Lord one thousand eight hundred and fifty-one, and of the Independence of the United States the seventy-fifth.
WILLIAM MEDILL, President. Attest: Wm. H. GILL, Secretary.
CONSTITUTION OF INDIANA.
PREAMBLE. 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 con"stitution.
ARTICLE I.-Bill of Rights. 8 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.
2. All men shall be secured in the natural right to worship Almighty God according to the dictates of their own consciences.
3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience.
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.
5. No religious test shall be required as a qualification for any office of trust or profit.
6. No money shall be drawn from the treasury for the benefit of any religious or theological institution.
7. No person shall be rendered incompetent as a witness in consequence of his opinions on matters of religion.
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.
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.
10. In all prosecutions for libel, the truth of the matters alleged to be libellous may be given in justification.
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.
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.
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 offence 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 favour.
14. No person shall be put in jeopardy twice for the same offence. No person in any criminal prosecution shall be compelled to testify against himself.
15. No person arrested or confined in jail shall be treated with unnecessary rigour.
16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offence.
17. Offences, other than murder and treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable when the proof is evident, or the presumption strong.
18. The penal code shall be founded on the principles of reformation, and not of vindictive justice.
19. In all criminal cases whatever the jury shall have the right to determine the law and the facts.
20. In all civil cases, the right of trial by jury shall remain inviolate.
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.
22. The privilege of the debtor to enjoy the necessary comforts of life, shall be recognised 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.
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.
24. No ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
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.
26. The operation of the laws shall never be suspended, except by the authority of the general assembly.
27. The privilege 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.
28. Treason against the state shall consist only in levying war against it, and in giving aid and comfort to its enemies.
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.
30. No conviction shall work corruption of blood, or forfeiture of estate.
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.
32. The people shall have a right to bear arms for the defence of themselves and the state.
33. The military shall be kept in strict subordination to the civil power.
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.
35. The general assembly shall not grant any title of nobility, nor confer hereditary distinctions.
36. Emigration from the state shall not be prohibited. 37. There shall be neither slavery nor involuntary servitude within the state, otherwise than for the punishment of crimes, whereof the party shall Lave been duly convicted. No indenture of any negro or mulatto, made and executed out of the bounds of the state, shall be valid within the state.
ARTICLE II.-Suffrage and Election. 21. All elections shall be free and equal.
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 States 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.
3. No soldier, seaman, or marine in the army or navy 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 soldier, seaman, or marine have the right to vote.
4. No person shall be deemed to have lost his residence in the state by reason of his absence, either on business of this state or of the United States.
5. No negro or mulatto shall have the right of suffrage.
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.
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.
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.
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 offices, upon the same person.
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.
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 term.
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.
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.
14. All general elections shall be held on the second Tuesday in October.
Distribution of Powers. 21. 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.
ARTICLE IV.- Legislative. 21. The legislative authority of the state shall be vested in a general assembly, which shall consist of a senate and a 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.
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.
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 of those of the second class at the expiration of four years; so that one half, as nearly as possible, shall be chosen biennially for ever thereafter. And in case of increase in the number of senators, they shall be so annexed by lot to one or the other of the two classes, as to keep them as nearly equal as practicable.
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.
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.
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.
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
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