ARTICLE XI61

§1st. Every person who shall be chosen, or appointed to any office of trust or profit, under the authority of this state, shall, before entering on the duties of said office, take an oath or affirmation, before any person lawfully authorised to administer oaths, to support the constitution of the united States, and the constitution of this state, and also an oath of office.

§2d. Treason against this state, shall consist only in levying war against it, in adhering to its enemies, or giving them aid and comfort.

§3d. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court.62

$4th. The manner of administering an oath, or affirmation, shall be such as is most consistent with the conscience of the deponent, and shall be esteemed the most solemn appeal to God.63

$5th. Every person shall be disqualified from serving as Governor, Lieutenant Governor, Senator, or Representative, for the term for which he shall have been elected, who shall have been convicted of having given, or offered, any bribe, treat, or reward to procure his election.64

61. Reported by Committee on General Provisions on June 21. Considered by the committee of the whole on June 24, amended and ordered engrossed for second reading. Read a second time on June 26 and 27, amended, and referred to the Committee on Revisions. On June 28, the Committee on Revisions reported Article XI back to the Convention with amendments, when it was read a third time and passed.

62. Sections 1, 2 and 3 were reported by the committee as follows, the amendments subsequently made thereto not being recorded in the Journal:

Section 1. Every person who shall be chosen or appointed to any office of trust or profit, under the authority of this State, shall, before entering on the duties of said office, take an oath or affirmation to support the constitution of the United States, and the constitution of this State, and also an oath of office.

Sec. 2. Treason against this State shall consist only in levying war against it. or in adhering to its enemies, giving them aid and comfort.

Sec. 3. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court. (Conv. J., p. 41.)

63. Reported by committee as follows:

Sec. 4. The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed by the general assembly the most solemn appeal to God. (Conv. J., p. 41.)

Amended in committee of the whole, by consent, to read as follows:
Sec. 4.

The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed the most solemn appeal to God. (Conv. J., p. 53.)

64.

recorded:

Reported by committee as follows, no subsequent amendments being

Sec. 5. Every person shall be disqualified from serving as governor or lieutenantgovernor, senator or representative, for the term for which he shall have been elected, who shall have been convicted of having given or offered any bribe, treat or reward to procure his election. (Conv. J., p. 41.)

§6th. All officers shall reside within the state; and all District, County, or Town officers, within their respective Districts, Counties, or towns (the trustees of the town of Clarkesville excepted) and shall keep their respective offices, at such places therein, as may be directed by law; and all Militia officers shall reside within the bounds of the Division, Brigade, Regiment, Battalion or company to which they may severally belong.65

§7th. There shall be neither slavery nor involuntary servitude in this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted. Nor shall any indenture of any negro or mulatto hereafter made, and executed out of the bounds of this state be of any validity within the state.66

§8th. No act of the General assembly shall be in force until it shall have been published in print, unless in cases of emergency.67 §9th. All commissions shall be in the name, and by the authority of the State of Indiana; and sealed with the State Seal,

65.

Reported by committee as follows:

Sec. 6. All officers shall reside within the State; and all district, county, or town officers, within their respective districts, counties, or towns (trustees of towns excepted), and shall keep their respective offices at such places therein as may be directed by law; and all militia officers shall reside within the bounds of the division, brigade, regiment, battalion, or company, to which they may severally belong. (Conv. J., p. 41.)

Amended in committee of the whole, by consent, as follows:

Sec. 6. All officers shall reside within the State; and all district, county, or town officers, within their respective districts, counties or towns (the trustees of the town of Clarksville excepted), and shall keep their respective offices at such places therein as may be directed by law; and all militia officers shall reside within the bounds of the division, brigade, regiment, battalion, or company, to which they may severally belong. (Conv. J., p. 53.)

66.

Reported by committee as follows:

Sec. 7. There shall be neither slavery, nor involuntary servitude, in this State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person, arrived at the age of twenty-one years, nor female person, arrived at the age of eighteen years, be held to serve any person as a servant under pretence of indenture or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration received, or to be received for his or her service, except as before excepted: Nor shall any indenture of any negro, or mulatto, hereafter made and executed out of the bounds of this State, be of any validity within the State; neither shall any indenture of any negro or mulatto, hereafter made within the State, be of the least validity except in the case of apprenticeships. (Conv. J., p. 41.)

Amended in the committee of the whole, by consent to read as follows:

Sec. 7. There shall be neither slavery, nor involuntary servitude, in this State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any indenture of any negro, or mulatto, hereafter made and executed out of the bounds of this State, be of any validity within the State. (Conv. J., p. 53.)

67. Reported by committee as follows, no subsequent amendments being recorded: Sec. 8. No act of the legislature shall be in force until it shall have been published in print unless in cases of emergency. (Conv. J., p. 42.)

and signed by the Governor, and attested by the secretary of state.€8

§10th. There shall be elected in each county a Recorder, who shall hold his office during the term of seven years, if he shall so long behave well: Provided that nothing herein contained shall prevent the clerks of the circuit Courts from holding the office of recorder. 69

§11th. Corydon, in Harrison County shall be the seat of Government of the state of Indiana, until the year eighteen hundred and twenty-five, and until removed by law.70

$12. The General assembly, when they lay off any new county, shall not reduce the old county, or counties, from which the same shall be taken to a less content than four hundred square miles.71

§13. No persons shall hold more than one lucrative office at

68.

Proposed and adopted by consent as an additional section on second read

ing as follows:

Sec. 9. All commissions shall be in the name and by the authority of the State of Indiana, and sealed with the State seal, and signed by the governor, and attested by the secretary of state. (Conv. J., p. 61.)

69. Proposed and adopted by consent as an additional section on second reading as follows:

Sec. 10. There shall be elected, in each county, a recorder, who shall hold his office during the term of seven years: Provided he shall so long behave himself well: And provided also, nothing herein contained shall prevent the clerks of the circuit courts from being elected to the office of recorder. (Conv. J.. p. 61.)

70.

as follows:

Proposed and adopted by consent as an additional section on second reading

Sec. 11. Corydon in Harrison county shall be the seat of government of the State of Indiana, until the year eighteen hundred and twenty-five, and until removed by law. (Conv. J., p. 61.)

71. Proposed and adopted by a vote of 23-16 as an additional section on second reading as follows:

Sec. 12. The general assembly, when they lay off any new county, shall not reduce the old county or counties, from which the same shall be taken, to a less content than four hundred square miles. (Conv. J., p. 61.)

Attempts to amend this Section by adding the words, except counties bordering on the Ohio river,'' and to strike out the entire section, were lost. (Conv. J., p. 64.)

A Section, substantially identical, was proposed on June 24 and adopted. It was to be numbered Section 9 and was as follows:

Proposed Section 9. No new county shall be established by the general assembly, which shall reduce the county or counties, or either of them from which it shall be taken, to less contents than four hundred square miles; nor shall any county be laid off of less contents. (Conv. J., p. 53.)

On June 26 proposed Section 9 was amended to read as follows:

Proposed Section 9. No new county shall be established by the general assembly which shall reduce the county or counties, or either of them from which it shall be taken, to less contents than four hundred square miles, nor shall any county be laid off of less contents, except counties bordering on the Ohio and Wabash rivers, and in such other parts of the State as may be naturally circumscribed, so as to render such small county or counties necessary. (Conv. J., p. 60.)

Immediately after amendment, the entire section was stricken out by a vote of

the same time, except as in this constitution is expressly permitted."

72

$14. No person shall be appointed as a County officer, within any county, who shall not have been a citizen and an inhabitant therein one year next preceding his appointment; if the county shall have been so long erected, but if the county shall not have been so long erected, then within the limits of the county or counties, out of which it shall have been taken.73

$15. All town, and township officers shall be appointed in such manner as shall be directed by law.74

§16. The following officers of Government shall not be allowed greater annual salaries, until the year eighteen hundred and nineteen than as follows-The Governor one thousand dollars. The Secretary of State, four hundred dollars. The Auditor of public accounts four hundred dollars. the Treasurer four hundred dollars. The Judges of the supreme court eight hundred dollars each. The Presidents of the Circuit Courts eight hundred dollars each, and the members of the General assembly, not exceeding two dollars per day each, during their attendance on the same, and two dollars for every twenty five miles they shall severally travel on the most usual route, in going to, and returning from the General assembly: after which time their pay shall be regulated by law. But no law, passed to increase the pay of the members of the General assembly, shall take effect, until after the close of the session at which such law shall have been passed.75

72. Proposed and adopted by consent as an additional section on second reading as follows:

Sec. 13. No person shall hold more than one lucrative office at the same time, except as in this constitution is expressly permitted. (Conv. J., p. 62.)

73. Proposed as Section 26 by the Committee on Legislative Department; transferred to Article on general provisions; (Conv. J., p. 60) originally submitted as follows:

Sec. 26. No person shall be appointed to any office within any county who shall not have been a citizen and an inhabitant thereof two years next before his appointment, if the county shall have been so long erected; but if the county shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. (Conv. J., p. 18.)

74.

There is no record of the origin of this section.

75. Proposed as Section 28 by the Committee on Legislative Department; transferred to Article on general provisions; (Conv. J., p. 60) originally submitted as follows:

Sec. 28. The legislature of this State shall not allow the following officers of government a greater annual salary than as follows: (Conv. J., p. 19.)

On June 26, the following section was proposed and adopted by consent. The general assembly of this State shall not allow the following officers of government, as their annual salaries, until the year one thousand eight hundred and twenty, after which time their salaries shall be fixed as the general assembly may direct, to wit: The governor not more than one thousand dollars; the judges of the supreme court eight hundred dollars each; the presidents of the circuit courts eight hundred dollars each; the secretary of state four hundred dollars; the auditor of public accounts

§17. In order that the boundaries of the state of Indiana may more certainly be known & established; It is hereby ordained and declared, that the following shall be, and forever remain the boundaries of the said state to wit, 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 river Wabash; 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 the said Wabash River; and from 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.76

ARTICLE XII."

Sect. 1st. That no evils or inconvenience may arise from the change of a Territorial Goverment to a permanent State Government, it is declared by this Convention that all rights, suits, actions, prosecutions, recognizances, contracts, and claims, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this Government.

Sect. 2. All fines penalties and forfeitures, due, and owing to the Territory of Indiana or any County therein, shall inure to the use of the State or County. All bonds executed to the Governor,

three hundred dollars; the treasurer three hundred dollars; no member of the general assembly more than two dollars per day during his attendance on the general assembly, nor more for every twenty-five miles he shall travel in going to, and returning from the general assembly. (Conv. J., p. 62.)

An attempt to fix the compensation of members of the General Assembly at one dollar per day instead of two dollars was lost by a vote of 14-28. (Conv. J., p. 62.) A subsequent attempt to reduce the compensation of the members of the General Assembly from two dollars to one dollar and twenty-five cents was rejected by a vote of 6-32. (Conv. J., p. 63.) The following proposed amendment is not clear: "Mr. Robb then moved to amend the sixteenth section by striking out of the same after the word 'treasurer' in the fourth line, the words 'four hundred' and inserting in lieu thereof, the words 'three hundred.' Rejected by a vote of 12-26. (Conv.

J., p. 63.)

As amended, the section was adopted by a vote of 25-11.

76. There is no record of the origin of this section, but the substance is taken from the Enabling Act.

77.

Considered

Reported by Committee on Change of Government on June 24. in committee of the whole on June 25 and 27, amended and referred to Committee on Revisions. Reported back by the Committee on Revisions on June 28, read a third time and passed.