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 guarantied by unquestionable security. SEC. 12. The State shall not be a stockhold er 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. SEC. 13. Corporations, other than banking, shall not be created by special act, but may be formed under general laws. 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. ARTICLE XII. MILITIA SECTION. 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. SEC. 2. The Governor shall appoint the Adjutant, Quartermaster, and Commissary Generals. SEC. 3. All militia officers shall be commissioned by the Governor, and shall hold their offices not longer than six years. SEC. 4. The General Assembly shall, by law determine the method of dividing the militia into divisions, brigades, regiments, battalions, and companies, and fix the rank of all staff officers. SEC. 5. The militia may be divided into classes of sedentary and active militia, in such manner as shall be prescribed by law. SEC. 6. No person, conscientiously scrupulous of 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. SECTION 1. No Negro or Mulatto shall come into, or settle in the State, after the adoption of this Constitution. SEC. 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 all 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. 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. SEC. 4. The General Assembly shall pass laws to carry out the provisions of this article. ARTICLE XIV. BOUNDARIES. 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 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. 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. ARTICLE XV. MISCELLANEous. SECTION 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. 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. 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. 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. SEC. 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 Indi ana. SEC. 6. All commission's shall issue in the name of the State, shall be signed by the Gov ernor, sealed with the State Seal, and attested by the Secretary of State. 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. SEC. 8. No lottery shall be authorized; nor shall the sale of lottery tickets be allowed. 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. SEC. 10. It shall be the duty of the General Assembly, to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground. ARTICLE XVI. AMENDMENTS. 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 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 be 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. SEC. 2. If two or more amendments 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 an amendment or amendments, which shall have been agreed upon by one General As sembly, shall be awaiting the action of a succeeding General Assembly, or of the electors, no additional amendment or amendments shall be proposed. SCHEDULE. 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 fol lows: 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 Attorneys, 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 con tinue in their respective offices, until their suc-} cessors shall have been elected and qualified. The yeas and nays were demanded on the motion to adjourn sine die, and they were ordered, and, being taken, resulted-yeas 74, nays 5 as follows: YEAS.-Messrs. Alexander, Badger, Beard, Blythe, Borden, Bowers, Bracken, Bright, Brookbank, Bryant, Carr, Clements, Crawford, Davis of Madison, Davis of Vermillion, Dobson, Duna of Jefferson, Dunn of Perry, Duzan, Edmonston, Elliott, Farrow, Fisher, Foley, Gordon, Graham of Miami, Graham of Warrick, Gregg, Hall, Hamilton, Hardin, Hawkins, Hitt, Holman, Johnson of Dearborn, Johnson of Orange, Kelso, Kent, Kilgrre, Lockhart, Maguire, March, 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 Con-McLean, Miller of Fulton, Miller of Gibson, stitution, all officers thereby 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 should a majority of the votes cast 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. Milligan, Milroy, Mooney, Moore, Morgan, NAYS.-Messrs. Berry, Chapman, Dick, Gibson, and Pettit-5. Biddle, Ristine, and Hogin, sick-3. [Messrs. Ristine, Biddle, and Hogin were in the city, but unable to attend by reason of severe indisposition.] So the Convention agreed to adjourn sine die. The PRESIDENT then rose and said: GENTLEMEN of the Convention : The object for which this body was called together being completed, and the time fixed for a final adjournment having arrived, we are now about to separate, and again return the power with which for a time we have been entrusted, Fifteenth. Whenever a portion of the citi-to those to whom it legitimately belongs, and zens 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 onethird 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 shall be applied, according to the intention of the grantor. Mr. FOLEY moved that the Convention do now adjourn sine die. render an account of our stewardship, and sub- divided, that of the legislative or law making department or power, is the one above all others the most likely to encroach upon the rights of the citizen, and to subvert the liberties of the mass of the people; hence the necessity to restrain, (within proper and safe limits,) not the people themselves, but those to whom their power for a time may be delegated for the purpose of making laws for their government. I think it may justly be inferred, from the fact that as no particular sect or party in politics has given shape to the general provisions of this instrument, they therefore have been settled and agreed upon within a proper medium, to advance generally the interests of this growing State, and promote the prosperty and general welfare of the whole people. sels of deliberative bodies to the great injury of the public; and notwithstanding feelings may occasionally have been produced in the excitement of debate, I have never seen a deliberative body close its labors with a more general good feeling than has marked the close of this Convention. For myself, permit me to return to you my grateful acknowledgments for the general kind and courteous treatment I have received from you, and for the generous aid and support uniformly afforded by you, which has materially assisted me in the discharge of those duties de. volving on the Chair. The high compliment you were pleased to award to me by the adop tion of a resolution referring to the manner in which I have discharged the duties of the position you assigned me, will ever be gratefully remembered by me. I, however, have not the vanity to suppose that in the discharge of my official duty I have been free from errors, but on the contrary feel assured I have committed many. But I trust you will believe me sincere when I say, I have intentionally committed none. This session, although regarded by many as a long one, will be found, by a comparison with the sessions of other Conventions in other States, to be positively a short session and I here remark, without intending any disparagement to others, that this Convention, from its commencement to the close, has been the most assiduously industrious deliberative body I have ever seen, and therefore really merit praise for I now wish each member and officer of this having accomplished their labors in the time body a safe journey to their respective places of they have, rather than censure for having wan-abode; and I desire, whenever it may be my tonly protracted its sitting beyond its proper fortune hereafter to meet with any member or limit. It is alike gratifying to all and creditable officer of this Convention, personally to hail to yourselves that your consultations and de- him as a friend. liberations have been uniformly entirely free from those party feuds and animosities which but too frequently divide and distract the coun-adjourned sine die. I now discharge the last official duty incumbent upon me, by declaring this Convention ME8 INDEX. VOLUME I. BORDEN, J. W. 3, 4, 5, 6, 8, 11, 14, 17, 20, 130 212 On the State debt, 711,737 BEACH, W. E. BEARD, JOHN 4, 77, 78 BEESON, O. 4 BERRY, GEO. 4, 123, 128, 239, 244, 257, 375, Resolution by, BRYANT, J. R. M. C. BROOKBANK, B. F. 4, 501, 740, 801, 848 - 923 4 4, 838, 839, 937 BICKNELL, T. P. 244 · Concerning biennial sessions of the Concerning the abolition of Grand Ju- 64, 70 CARR, J. F. 3, 51, 113, 114, 280, 776, 847 Resolution by, 95 CARTER, H. E. ries, men, 635 798, 808 1. Remarks concerning the abolition of 142 |