by an east and west line, drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid, from the mouth of the great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same through Lake Erie to the Pennsylvania line aforesaid: Provided, always, and it is hereby fully understood and declared by this convention, that if the southerly bend or extreme of Lake Michigan should extend so far south, that a line drawn due east from it should not intersect Lake Erie, or if it should intersect the said Lake Erie east of the mouth of the Miami river of the Lake, then, and in that case, with the assent of the congress of the United States, the northern boundary of this state shall be established by, and extended to a direct line, running from the southern extremity of Lake Michigan, to the most northerly cape of the Miami Bay, after intersecting the due north line from the mouth of the Great Miami river as aforesaid, thence north-east to the territorial, and by the said territorial line to the Pennsylvania line.

ARTICLE 8.

That the general, great, and essential principles of liberty and free government may be recognised, and for ever unalterably established, we declare,

§ 1. That all men are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety; and every free republican government, being founded on their sole authority, and organized for the purpose of protecting their liberties, and securing their independence-to effect these ends they have at all times a complete power to alter, reform, or abolish their government, whenever they may deem it necessary.

2. 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 their service, except as before excepted. Nor shall any indenture of any negro or mulatto here. after made and executed, out of this state, or, if made in the state, where the term of service exceeds one year, be of the least validity, except those given in the case of apprenticeships.

3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no human authority can in any case whatever control or interfere with the rights of conscience; that no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent; and that no preference shall ever be given by law to any religious society or mode of worship: and no religious test shall be required as a qualification to any office of trust or profit. But religion, morality, and knowledge, being essentially necessary to the government, and the happiness of mankind, schools, and the means of instruc

tion, shall for ever be encouraged by legislative provision, not inconsistent with the rights of conscience.

4. Private property ought, and shall ever be held inviolate, but always subservient to the public welfare, provided a compensation in money be made to the owner.

5. That the people shall be secure in their persons, houses, papers, and possessions from all unwarrantable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places, without probable evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described, and without oath or affirmation, are dangerous to liberty, and shall not be granted.

6. That the printing presses shall be open and free to every citizen who wishes to examine the proceedings of any branch of government, or the conduct of any public officer; and no law shall ever restrain the right thereof. Every citizen has an indisputable right to speak, write, or print upon any subject, as he thinks proper, being liable for the abuse of that liberty. In prosecutions for any publication respecting the official conduct of men in a public capacity, or where the matter published is proper for public information, the truth thereof may always be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

7. That all courts shall be open, and every person, for any injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law; and right and justice administered without denial or delay.

8. That the right of trial by jury shall be inviolate.

9. That no power of suspending the laws shall be exercised, unless by the legislature.

10. That no person arrested or confined in jail shall be treated with unnecessary rigour, or be put to answer any criminal charge, but by presentment, indictment, or impeachment.

11. That in all criminal prosecutions, the accused hath a right to be heard by himself and his 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; to have compulsory process for obtaining witnesses in his favour; and, in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the offence shall have been committed, and shall not be compelled to give evidence against himself-nor shall he be twice put in jeopardy for the same offence.

12. That all persons shall be bailable by sufficient sureties unless for capital offences, where the proof is evident, or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

13. Excessive bail shall not be required, excessive fines shall not be imposed, nor cruel and unusual punishments inflicted.

14. All penalties shall be proportioned to the nature of the offence. No wise legislature will affix the same punishments to the crimes of theft, forgery, and the like, which they do to those of murder and trea

son. When the same undistinguished severity is exerted against all offences, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offences. For the same reasons, a multitude of sanguinary laws are both impolitic and unjust; the true design of all punishments being to reform, not to exterminate mankind.

15. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.

16. No ex post facto law, nor any law impairing the validity of contracts, shall ever be made; and no conviction shall work corruption of blood, or forfeiture of estate.

17. That no person shall be liable to be transported out of this state, for any offence committed within the state.

18. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. 19. That the people have a right to assemble together, in a peaceable manner, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances.

20. That the people have a right to bear arms for the defence of them selves and the state; and as standing armies in time of peace are dangerous to liberty, they shall not be kept up, and that the military shall be kept under strict subordination to the civil power.

21. That no person in this state, except such as are employed in the army or navy of the United States, or militia in actual service, shall be subject to corporeal punishment under the military law.

22. That no soldier in time of peace be quartered in any house without the consent of the owner, nor in time of war, but in the manner prescribed by law.

23. That the levying taxes by the poll is grievous and oppressive; therefore, the legislature shall never levy a poll tax for county or state purposes.

24. That no hereditary emoluments, privileges, or honours shall ever be granted or conferred by this state.

25. That no law shall be passed to prevent the poor in the several counties and townships within this state, from an equal participation in the schools, academies, colleges, and universities within this state, which are endowed, in whole or in part, from the revenue arising from the donations made by the United States for the support of schools and colleges; and the doors of the said schools, academies, and universities shall be open for the reception of scholars, students, and teachers of every grade, without any distinction or preference whatever, contrary to the intent for which the said donations were made.

26. That laws shall be passed by the legislature which shall secure to each and every denomination of religious societies, in each surveyed township, which now is, or may hereafter be, formed in the state, an equal participation, according to their number of adherents, of the profits arising from the land granted by congress for the support of religion, agreeably to the ordinance or act of congress making the appropropriation.

27. That every association of persons, when regularly formed within

this state, and having given themselves a name, may, on application to the legislature, be entitled to receive letters of incorporation, to enable them to hold estates, real and personal, for the support of their schools, academies, colleges, universities, and other purposes.

28. To guard against the transgression of the high powers which we have delegated, we declare, that all powers not hereby delegated remain with the people.

SCHEDULE.

§ 1. That no evils or inconveniences may arise from the change of a territorial government to a permanent state government; it is declared by this convention that all rights, suits, actions, prosecutions, claims, and contracts, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government.

2. All fines, penalties, and forfeitures, due and owing to the territory of the United States, north-west of the Ohio River, shall inure to the use of the state. All bonds executed to the governor, or any other officer in his official capacity in the territory, shall pass over to the governor, or the other officers of the state, and their successors in office, for the use of the state, or by him or them to be respectively assigned over to the use of those concerned, as the case may be.

3. The governor, secretary, and judges, and all other officers under the territorial government, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this constitution.

4. All laws and parts of laws now in force in this territory, not inconsistent with this constitution, shall continue and remain in full effect until repealed by the legislature, except so much of the act entitled "An act regulating the admission and practice of attorneys and counsellors at law;" and of the act made amendatory thereto, as relates to the term of time which the applicant shall have studied law, his resi dence within the territory, and the term of time which he shall have practised as an attorney at law, before he can be admitted to the degree of a counsellor at law.

5. The governor of the state shall make use of his private seal, until a state seal be procured.

6. The president of the convention shall issue writs of election to the sheriffs of the several counties, requiring them to proceed to the elec tion of governor, members of the general assembly, sheriffs, and coroners, at the respective election districts in each county, on the second , Tuesday of January next, which elections shall be conducted in the manner prescribed by the existing election laws of this territory; and the members of the general assembly, sheriffs, and coroners then elected, shall continue to exercise the duties of their respective offices until the next annual or biennial election thereafter, as prescribed in this constitution, and no longer.

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7. Until the first enumeration shall be made, as directed in the second section of the first article of this constitution, the county of Hamilton shall be entitled to four senators and eight representatives; the county of Clermont one senator and two representatives; the county of Adams one senator and three representatives; the county of Ross, two senators

and four representatives; the county of Fairfield one senator and two representatives; the county of Washington two senators and three representatives; the county of Belmont one senator and two representatives; the county of Jefferson two senators and four representatives; and the county of Trumbull one senator and two representatives.

Done in convention, at Chillicothe, on the 29th day of November, in the year of our Lord 1802, and of the Independence of the United States of America the 27th.

In testimony whereof, we have hereunto subscribed our names.

WE, the representatives of the people of the territory of Indiana, în convention met, at Corydon, on Monday the 10th day of June, in the year of our Lord eighteen hundred and sixteen, and of the independence of the United States the fortieth, having the right of admission into the general government, as a member of the Union, consistent with the constitution of the United States, the ordinance of Congress of one thousand seven hundred and eighty-seven, and the law of Congress, entitled "An act to enable the people of Indiana territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states;" in order to establish justice, promote the welfare, and secure the blessings