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them in presence of both houses of the general assembly; the person having the highest number of votes shall be governor : but if two or more shall be equal and highest in votes, one of them shall be choser. governor by the joint vote of the members of both houses. Contested elections shall be determined by a committee to be selected from both houses of the general assembly, and formed and regulated in such manDer as shall be determined by law.

3. The governor shall hold his office during three years, from and after the third day of the first session of the general assembly next ensuing this election, and until a successor shall be chosen and qualified ; and shall not be capable of holding it longer than six years in any term of nine years.

4. He shall be at least thirty years of age, and shall have been a citizen of the United States for ten years, and have resided in the state five years next preceding his election ; unless he shall have been absent on the business of this state or of the United States : Provided, that this shall not disqualify any person from the office of governor, who shall be a citizen of the United States, and shall have resided in the Indiana territory two years next preceding the adoption of this constitution.

5. No member of congress, or person holding any office under the United States, or this state, shall exercise the office of governor or lieutenant-governor.

6. The governor shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the term for which he shall have been elected.

7. He shall be commander-in-chief of the army and navy of this state, and of the militia thereof, except when they shall be called into the service of the United States ; but he shall not command personally in the field, unless he shall be advised so to do by a resolution of the general assembly.

8. He shall nominate, and by and with the advice and consent of the senate, appoint and commission all officers, the appointment of which is not otherwise directed by this constitution ; and all offices which may be created by the general assembly shall be filled in such manner as may be directed by law.

9. Vacancies that may happen in offices, the appointment of which is vested in the governor and senate, or in the general assembly, shall be filled by the governor, during the recess of the general assembly, by granting commissions that shall expire at the end of the next session.

10. He shall have power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeachment.

11. He may require information, in writing, from the officers in the executive department, upon any subject relative to the duties of their respective offices.

12. He shall, from time to time, give to the general assembly information of the affairs of the state, and recommend to their consideration such measures as he shall deem expedient.

13. He may, on extraordinary occasions, convene the general assembly at the seat of government, or at a different place if that shall have become, since their last adjournment, dangerous from an enemy, or from contagious disorders; and in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such

time as he shall think proper, not beyond the time of the next annual session.

14. He shall take care that the laws be faithfully executed.

15. A lieutenant-governor shall be chosen at every election for a governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenantgovernor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant-governor.

16. He shall, by virtue of his office, be president of the senate: have a right, when in committee of the whole, to debate, and vote on all subjects, and when the senate are equally divided, to give the casting vote.

17. In case of impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the lieutenant-governor shall exèrcise all the powers and authority appertaining to the office of governor, until another be duly qualified, or the governor absent or impeached shall return or be acquitted.

18. Whenever the government shall be administered by the lieutenant-governor, or he shall be unable to attend as president of the senate, the senate shall elect one of their own members as president for that occasion. And if, during the vacancy of the office of governor, the lieutenant-governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the state, the president of the senate pro tem. shall, in like manner, administer the government, until he shall be superseded by a governor or lieutenant-governor. T'he lieutenant-governor, while he acts as president of the senate, shall receive for his services the same compensation which shall, for the same period, be allowed to the speaker of the house of representatives, and no more: and during the time he administers the government, as governor, shall receive the same compensation which the governor would have received and been entitled to, had he been employed in the duties of his office, and no more.

19. The president pro tempore of the senate, during the time he administers the government, shall receive, in like manner, the same compensation which the governor would have received had he been employed in the duties of his office, and no more.

20. If the lieutenant-governor shall be called upon to administer the government, and shall, while in such administration, resign, die, or be absent from the state, during the recess of the general assembly, it shall be the duty of the secretary of state, for the time being, to convene the senate for the purpose of choosing a president pro tempore.

21. A secretary of state shall be chosen by the joint ballot of both houses of the general assembly, and be commissioned by the governor, for four years, or until a new secretary be chosen and qualified. He shall keep a fair register, and attést all the official acts and proceedings of the governor ; and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before either house of the general assembly; and shall perform such other duties as may be enjoined him by law.

22. Every bill which shall have passed both houses of the general assembly, shall be presented to the governor; if he approve, he shall sign it ; but if not, he shall return it, with his objections, to the house is

which it shall have originated, who shall enter the objections at large upon their journals, and proceed to reconsider it; if, after such reconsideration, a majority of all the members elected to that house shall. agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by a majority of all the members elected to that house, it shall be a law; but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, it shall be a law, in like manDer as if he had signed it; unless the general assembly, by its adjournment, prevent its return, in which case it shall be a law, unless sent back within three days after their next meeting.

23. Every resolution, to which the concurrence of both houses may be necessary, shall be presented to the governor, and before it shall take effect, be approved by him; or, being disapproved, shall be repassed by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bil).

24. There shall be elected, by joint ballot of both houses of the general assembly, a treasurer, and auditor, whose powers and duties shall be prescribed by law, and who shall hold their offices three years, and until their successors be appointed and qualified.

25. There shall be elected in each county, by the qualified electors thereof, one sheriff, and one coroner, at the times and places of holding elections for members of the general assembly. They shall continue in office two years, and until successors shall be chosen and duly qualified: Provided, that no person shall be eligible to the office of sheriff more than four years in any term of six years.

26. There shall be a seal of this state, which shall be kept by the governor, and used by himself officially, and shall be called the seal of the state of Indiana.

ARTICLE 5.

$1. The judiciary power of this state, both as to matters of law and equity, shall be vested in one supreme court, in circuit courts, and in such other inferior courts as the general assembly may, from time to time, direct and establish.

2 The supreme court shall consist of three judges, any two of whom shall form a quorum, and shall have appellate jurisdiction only, which shall be co-extensive with the limits of the state, under such restrictions and regulations, not repugnant to this constitution, as may, from time to time, be prescribed by law: Provided nothing in this article shall be so construed as to prevent the general assembly from giving the supreme court original jurisdiction in capital cases and cases in chancery, where the president of the circuit court may be interested or prejudiced.

3. The circuit courts shall consist of a president and two associate judges. The state shall be divided by law into three circuits, for each of which a president shall be appointed, who, during his continuance in office, shall reside therein. The president and associate judges, in their respective counties, shall have common law and chancery jurisdiction,

as also complete criminal jurisdiction, in all such cases, and in such manner, as may be prescribed by law. The president alone, in the absence of the associate judges, or the president and one of the associate judges, in the absence of the other, shall be competent to hold a court, as also the two associate judges, in the absence of the president, shall be competent to hold a court, except in capital cases, and cases in chancery : Provided, that nothing herein contained shall prevent the general assembly from increasing the number of the circuits and presidents, as the exigencies of the state may, from time to time, require.

4. The judges of the supreme court, the circuit and other inferior courts, shall hold their offices during the term of seven years, if they shall so long behave well, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.

5. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the state, as also the presidents of the circuit courts in their respective circuits, and the associate judges in their respective counties.

6. The supreme court shall hold its sessions at the seat of government, at such times as shall be prescribed by law; and the circuit courts shall be held in the respective counties as may be directed by law.

7. The judges of the supreme court shall be appointed by the governor, by and with the advice and consent of the senate. The presidents of the circuit courts shall be appointed by joint ballot of both branches of the general assembly; and the associate judges of the cir. cuit courts shall be elected by the qualified electors in their respective counties.

8. The supreme court shall appoint its own clerk; and the clerks of the circuit court, in the several counties, shall be elected by the qualified electors in the several counties, but no person shall be eligible to the office of clerk of the circuit court, in any county, unless he shall first have obtained from one or more of the judges of the supreme court, or from one or more of the presidents of the circuit courts, a certificate that he is qualified to execute the duties of the office of clerk of the circuit court: Provided, that nothing herein contained shall prevent the circuit courts in each county from appointing a clerk pro tem. until a qualified clerk may be duly elected: And provided also, that the said clerks respectively, when qualified and elected, shall hold their offices seven years, and no longer, unless reappointed.

9. All clerks shall be removable by impeachment, as in other cases.

10. When any vacancies happen in any of the courts, occasioned by the death, resignation, or removal from office, of any judge of the supreme or circuit courts, or any of the clerks of the said courts, a succes. sor shall be appointed in the same manner as herein before prescribed, who shall hold his office for the period which his predecessor had to serve, and no longer, unless reappointed.

11. The style of all process shall be, The State of Indiana. All pro secutions shall be carried on in the name and by the authority of the state of Indiana ; and all indictments shall conclude, against the peace and dignity of the same.

12. A competent number of the justices of the peace shall be elected

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us the qualified electors in each township in the several counties, and shall continue in office five years, if they shall so long behave well; whose powers and duties shall, from time to time, be regulated and defined by law

ARTICLE 6. § 1. In all elections not otherwise provided for by this constitution, every white male citizen of the United States, of the age of twentyone years and upwards, who has resided in the state one year immediately preceding such election, shall be entitled to vote in the county where he resides ; except such as shall be enlisted in the army of the United States, or their allies.

2. All elections shall be by ballot: Provided, that the general assembly may, (if they deem it more expedient,) at their session in eighteen hundred and twenty-one, change the mode, so as to vote viva voce ; after which time it shall remain unalterable.

3. Electors shall, in all cases except treason, felony, or breach of the peace, be free from arrest in going to, during their attendance at, and in returning home from, elections.

4. The general assembly shall have full power to exclude from electing, or being elected, any person convicted of any infamous crime.

5. Nothing in this article shall be so construed as to prevent citizens of the United States, who were actual residents at the time of adopting this constitution, and who, by the existing laws of this territory, are entitled to vote, or persons who have been absent from home on a visit or necessary business, from the privileges of electors.

ARTICLE 7.

$ 1. The militia of the state of Indiana shall consist of all free, ablebodied male persons, (negroes, mulattoes, and Indians excepted,) resident in the said state, between the ages of eighteen and forty-five years ; except such persons as now are, or hereafter may be, exempted by the laws of the United States, or of this state ; and shall be armed, equipped, and trained, as the general assembly may provide by law.

2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do militia duty : Provided, such person or persons shall pay an equivalent for such exemption ; which equivalent shall be collected annually, by a civil officer, and be hereafter fixed by law; and shall be equal, as near as may be, to the lowest fines assessed on those privates in militia who may neglect or refuse to perform military

3. Captains and subalterns shall be elected by those persons in their respective company districts who are subject to perform militia duty; and the captain of each company shall appoint the non-commissioned officers to said company.

4. Majors shall be elected by those persons within the bounds of their respective battalion districts, subject to perform militia duty; and colonels shall be elected by those persons within the bounds of their respective regimental districts, subject to perform militia duty.

5. Brigadiers-general shall be elected by the commissioned officers within the bounds of their respective brigades, and majors-general shall

duty.

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