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be elected by the commissioned officers within the bounds of their respective divisions.
6. Troops and squadrons of cavalry and companies of artillery, riflemen, grenadiers, or light infantry, may be formed in the said state, in such manner as shall be prescribed by law : Provided, however, that every troop or squadron of cavalry, company of artillery, riflemen, grenadiers, or light infantry, which may hereafter be formed within the said state, shall elect their own officers.
7. The governor shall appoint the adjutant-general and quarter-master-general, also his aids-de-camp.
8. Majors-general shall appoint their aids-de-camp, and all other die vision staff-officers; brigadiers-general shall-appoint their brigade-majors, and all other brigade staff-officers; and colonels shall appoint their regimental staff-officers.
9. All militia officers shall be commissioned by the governor, and shall hold their commissions during good behaviour, or until they shall arrive at the age of sixty years.
10. The general assembly shall, by law, fix the method of dividing the militia of the state into divisions, brigades, regiments, battalions, and companies, and shall also fix the rank of all staff-officers.
ARTICLE 8. Every twelfth year after this constitution shall have taken effect, at the general election held for the governor, there shall be a poll opened, in which the qualified electors of the state shall express, by vote, whether they are in favour of calling a convention or not; and if there should be a majority of all the votes given at such election, in favour of a convention, the governor shall inform the next general assembly thereof, whose duty it shall be to provide by law for the election of the members to the convention, the number thereof, and the time and place of their meeting, which law shall not be passed unless agreed to by a majority of all the members elected to both branches of the general assembly; and which convention, when met, shall have it in their power to revise, amend, or change the constitution. But as the holding any part of the human creation in slavery, or involuntary servitude, can only originate in usurpation and tyranny, no alteration of this constitution shall ever take place so as to introduce slavery or involuntary servitade in this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted.
ARTICLE 9. § 1. Knowledge and learning generally diffused through a community, being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country being highly conducive to this end, it shall be the duty of the general assembly to provide by law for the improvement of such lands as are, or hereafter may be, granted by the United States to this state, for the use of schools, and to apply any funds which may be raised from such lands, or from any other quarter, to the accomplishment of the grand object for which they are or may be mtended. But no lands granted for the use of schools or seminaries of learning shall be sold,
by the authority of this state, prior to the year eighteen hundred and twenty; and the moneys which may be raised out of the sale of any such lands, or otherwise obtained for the purposes aforesaid, shall be and remain a fund for the exclusive purpose of promoting the interest of literature and the sciences, and for the support of seminaries and the public schools. The general assembly shall, from time to time, pass such laws as shall be calculated to encourage intellectual, scientifical, and agricultural improvement, by allowing rewards and immunities for the promotion and improvement of arts, sciences, commerce, manufactures, and natural history; and to countenance and encourage the prineiples of humanity, industry, and morality.
2. It shall be the duty of the general assembly, as soon as circum-
4. It shall be the duty of the general assembly, as soon as circumstances will permit, to form a penal code, founded on the principles of reformation, and not of vindictive justice: And also to provide one or more farms to be an asylum for those persons who, by reason of age, infirmity, or other misfortunes, may have a claim upon the aid and beneficence of society, on such principles that such persons may therein find employment and every reasonable comfort, and lose, by their usefulness, the degrading sense of dependence.
5. The general assembly, at the time they lay off a new county, shall cause at least ten per cent. to be reserved out of the proceeds of the sale of town lots, in the seat of justice of such county, for the use of a public library for such county ; and at the same session they shall incorpo rate a library company, under such rules and regulations as will best secure its permanence, and extend its benefits.
ARTICLE 10. $ 1. There shall not be established or incorporated in this state any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or besrer : Provided, that nothing herein contained shall be so construed as to prevent the general assembly from establishing a state bank, and branches, not exceeding one branch for any three counties, to be established at such place within such counties as the directors of the state bank may select; provided there be subscribed and paid in specie, on the part of the individuals, a sum equal to thirty thousand dollars : Provided also, that the bank at Vincennes, and the Farmers' and Mechanics' bank of Indiana, at Madison, shall be considered as incorporated banks, according to the true tenor of the charters granted to said banks by the legislature of the Indiana territory: Provided, that nothing herein contained shall be so construed as to prevent the general assembly from adopting either of the aforesaid banks, as the state bank; and in case either of them shall
he adopted as the state bank, the other may become a branch, under the rules and regulations hereinbefore prescribed.
ARTICLE 11. $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, before any person lawfully authorized to administer oaths, to support the constitution of the United States, and the constitution of this state, and also an oath of office.
2. Treason against this state shall consist only in levying war against it, in adhering to its enemies, or giving them aid and comfort.
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.
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.
5. 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, threat, or reward, to procure his election.
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.
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.
8. No act of the general assembly shall be in force until it shall have been published in print, unless in cases of emergency.
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 the state.
10. 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.
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.
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.
13. No person shall hold more than one lucrative office at the same time, except as in this constitution expressly permitted.
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 an appointment, if the connty 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 bave been taken.
15. All towns and township officers shall be appointed in such manner as shall be directed by law.
16. T'ne following officers of government shall not be allowed greater annual salaries, antil 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.
17. In order that the boundaries of the state of Indiana may more clearly be known and established, it is hereby ordained and declared, that the following shall be and for ever 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 W'abash; 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 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 southem extreme of lake Michigan ; on the north, by the 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.
ARTICLE 12. $1. That no evils or inconvenience may arise from the change of a territorial government to a permanent state government, it is declared, by this constitution, 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.
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, or any other officer, in his official capacity, in the territory, shall pass over to the governor or other officers of the state or county, and their successors in office, for the use of the state or county, 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, both civil and military, 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 in. consistent with this constitution, shall continue and remain in full force and effect, until they expire, or be repealed.
5. The governor shall use his private seal until a state seal be pro-, cured.
6. The governor, secretary of state, auditor of public accounts, and treasurer, shall severally reside and keep the public records, books, and papers, in any manner relating to their respective offices, at the seat of government: Provided, notwithstanding, that nothing herein contained shall so construed as to affect the residence of the governor for the space of six months, and until buildings suitable for his accommodation shall be procured at the expense of the state.
7. All suits, pleas, plaints, and other proceedings, now depending in any court of record, or justices' court, shall be prosecuted to final judg. ment and execution ; and all appeals, writs of error, certiorari, injunction, or other proceedings whatever, shall progress, and be carried on, in the respective court or courts, in the same manner as is now provided by law, and all proceedings had therein, in as full and complete a manner as if this constitution were not adopted. And appeals and writs of error may be taken from the circuit court and general court, now established in the Indiana territory, to the supreme court, in such manner as shall be provided for by law.
8. The president of this convention shall issue writs of election, directed to the several sheriffs of the several counties, requiring them to cause an election to be held for governor, lieutenant-governor, representative to the congress of the United States, members of the general assem. bly, sheriffs, and coroners, at the respective election districts in each county, on the first Monday in August next : which election shall be conducted in the manner prescribed by the existing election laws of the Indiana territory; and the said governor, lieutenant-governor, members of the general assembly, sheriffs, and coroners, then duly elected, shall continue to exercise the duties of their respective offices for the time prescribed by this constitution, and until their successor or successors are qualified, and no longer.
9. Until the first enumeration shall be made, as directed by this constitution, the county of Wayne shall be entitled to one senator and three representatives ; the county of Franklin, one senator and three representatives ; the county of Dearborn, one senator and two representatives ; the county of Switzerland, one representative ; and the county of Jeffer • son and Switzerland, one senator; and the county of Jefferson two representatives ; the county of Clark, one senator and three representatives ; the county of Harrison, one senator and three representatives ; the counties of Washington, Orange, and Jackson, one senator, and the county of Washington, two representatives ; the counties of Orange and Jackson, one representative each ; the county of Knox, one senator and three representatives; the county of Gibson, one senator and two representatives ; the counties of Posey, Warrick, and Perry, one senator, and each of the aforesaid counties of Posey, Warrick, and Perry, one representative.
10. All books, records, documents, warrants, and papers, appertaining and belonging to the office of territorial treasurer of the Indiana territory, and all moneys therein, and all papers and documents in the office of the